Council of the Village of Yellow Springs

IN COUNCIL CHAMBERS May 2, 2005

CALL TO ORDER
President Tony Arnett called the meeting to order at 7:00 p.m.

ROLL CALL
Tony Arnett, Mary Alexander, Jocelyn Hardman, Bruce Rickenbach and Denise Swinger were present as was the Acting Village Manager Phil Hawkey.

ANNOUNCEMENTS
Arnett offered condolences to the family of former Council President Joseph Lewis in the passing of his daughter Lorraine Mae Wright.

Clean-Up Week is scheduled for May 16 th through the 20 th. The Environmental Commission Swap Weekend is scheduled to begin Friday, May 13 th through Sunday, May 15 th. All items not removed can then be left for the cleanup.

REVIEW OF THE MINUTES
Review of the minutes from April 18, 2005 regular meeting. Rickenbach MOVED and Alexander SECONDED a MOTION to APPROVE the minutes as amended. The MOTION PASSED 4-0, with an abstention from Swinger.

REVIEW OF AGENDA
Add: By Rickenbach-Regional Income Tax Agency (New Business)

PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
1st Quarter 2005 Progress Report-Vernay Labs.
Miami Valley Cable E-play Newsletter
Y.S. Community Council Inc. re: 2005 Annual Meeting
Y.S. Chamber of Commerce re: Street-Closing Request (New Business)
Vectren Energy Rate Increase
G.S. Goldman, Attorney re: Caboose Interest (New Business)

YSI Inc. letter to Hillard re: Utility Lines. Hawkey stated that he would respond to the letter written by YSI Inc. Board Chairperson, Malte vonMatthiessen.

PUBLIC HEARINGS/LEGISLATION
1st Reading of ordinance 2005-07 Repealing/Replacing Section 1064.02 and .03 Admission Rates and Rental of Municipal Swimming Pool. Swinger MOVED and Hardman SECONDED a MOTION for APPROVAL. The legislation authorizes the Village Manager to set the annual rates and rentals of the swimming pool and to inform Council of any changes. The season would run concurrent to the school year. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for May 16 th.

CITIZENS CONCERNS
There were no citizen’s comments.

SPECIAL REPORTS
There were no scheduled special reports.

OLD BUSINESS

1st Reading of ordinance 2005-06 Customer Disconnect Process and Utility Dispute Resolution Board (new language). Hawkey pointed out some of the concerns with the resolution which included allowing customers to spend down deposits, requiring a customer to make the payment plan request in writing and having these items that currently are handled administratively would be forwarded to the board.

Finance Director Sharon Potter and Accounts Receivable Clerk Susie Yount explained the variety of issues that are commonplace for the staff to handle. They also explained the current procedures used to resolve these issues. Potter further explained that the guidelines for the board had yet to be created.

Council agreed that the board should not be saddled with the day-to-day items, that information regarding the board be mailed to all customers, staff decisions could be appealed to the board, the staff and the board were obligated to follow due process, the board should meet regularly and the membership of the board should be the Village Manager, the Finance Director, and the Electric Supervisor. Council also agreed with a suggestion by Alexander to include one or two residents as board members.

Sue Abendroth asked that in the case of rental properties could the landlord be notified of any disconnection of utilities? Hawkey answered yes.

Becky Campbell asked if the service was shut off then restored does the person pay the bill in full plus a new deposit? Arnett explained that this issue could be considered when the guidelines for the board are created.

Council agreed that notification to landlords of disconnection to rental properties be dealt with administratively, that Council would appoint two members to the board and that the language of the board be moved to the beginning of the ordinance and subsequent paragraphs are renumbered.

The ordinance would be reviewed and amended to include Council’s recommendations. A first reading would be held at the May 16 th Council meeting.

Schedule meeting: 5-Year Financial Plan-Next Steps. Council agreed to schedule a special meeting for Monday, May 23 rd in Council Chambers at 7:00p.m. to discuss the implications of the survey results.

Review of Council Goals. Arnett reviewed Council’s 2005 goal list and pointed out several items and projects that Council has completed or is currently working on to bring their goals to fruition. The highlights included approving the annexation request from Education Village Inc., the financial contribution to the Balancing the Scales Project, participation in a series of community meetings, the completion of the urban service boundary, completing the 5-Yr Financial Survey, annual meetings with commissions and committees, improved website and recognition of volunteers.

NEW BUSINESS

Appointment to Human Relations Commission. Hardman MOVED and Swinger SECONDED a MOTION to APPOINT Sandra Morris to the Human Relations Commission. The MOTION PASSED UNANIMOUSLY.

Y.S. Chamber of Commerce re: Street-Closing Request. Rickenbach MOVED and Alexander SECONDED a MOTION to APPROVE the street closing requests from the Y.S. Chamber. The MOTION PASSED UNANIMOUSLY.

G.S. Goldman, Attorney re: Caboose Interest. Council agreed that a letter be sent to Mr. Goldman informing him that the caboose is not available for use in its present location. Council further agreed that if the caboose were to be used it would have to be relocated and restored.

Regional Income Tax Agency. Rickenbach voiced some concerns he has had and heard about RITA. The concerns included the collection and filing inconsistencies, the forms and website. Council agreed to direct Hawkey to review these concerns with RITA and invite them to discuss these with Council.

MANAGER’S REPORT
Hawkey reported that the negotiations with the consultant should be completed by May 6th. He had attended the Community Development Block Grant meeting at the commissioner’s office and was informed that there may be some money available to assist in renovation of occupied dwellings. He explained that addressing repairs and needs of occupied structures was an item he along with Ed Amrhein had planned to address next, so this meeting was very helpful.

He also reported the Dayton Street Project has guaranteed funding for 2006. The Walnut Street Project’s plans are ready.

The Accessibility Committee has volunteers trimming bushes adjacent to sidewalks. Hawkey and Amrhein were complimented on their roles in this project.

Board of Zoning Appeals Vacancies. The Board will have 2 upcoming vacancies. The Clerk was directed to advertise the vacancies.

AGENDA PLANNING
The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, May 16, 2005 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the May 16, 2005 meeting are:
Amending Natural Gas Aggregation Plan
1st Reading of OrdinanceSupplemental Appropriations
Resolution Northern Gateway Project-Engineering
Retention Basin Update
1st Reading of Ordinance #2005-06 Disconnect
2nd Reading and Public Hearing #2005-07 Pool Fees
1st Reading of Ordinance re: Birch III
Awarding of Bid-East Enon Rd. Electric Project-Info packet

FUTURE AGENDA ITEMS
Appointment to the BZA (2)
RITA (July 5)
Conservation Easement for Well Fields
Resolution re: Stutzman Landscaping Lease
Appointment to HRC (1)
Economic Revolving Loan Fund Quarterly Report
Y.S. Community Health Project
Approval of Tax Budget (June)
Permissive Tax/Street Paving Project
Evan Scott-Dayton Development Association (June 6)
Parking Subcommittee Report
Pole Contract Agreements
Annexation Policy Review
Disposition of Cabooses

EXECUTIVE SESSION
Rickenbach MOVED and Hardman SECONDED a MOTION to ADJOURN into Executive Session to discuss Personnel-Appointment to Planning Commission and Real Estate-Phillips-Brown Homes in accordance with the Ohio Revised Code 121.22(G)(2). The MOTION PASSED UNANIMOUSLY.

Rickenbach MOVED and Alexander SECONDED a MOTION to end the Executive Session. The MOTION PASSED UNANIMOUSLY at 9:53 p.m.

GENERAL SESSION
Hardman MOVED and Swinger SECONDED a MOTION to APPOINT Bill Bebko to Planning Commission for a five-year term. The MOTION PASSED UNANIMOUSLY.

Hardman suggested that the Clerk advertise the newly created vacancy on the Environmental Commission.

ADJOURNMENT
Having no further business, Rickenbach MOVED and Alexander SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY at 9:53 p.m.

A full and complete set of these minutes is available for review electronically by audio or videotape. These tapes are kept permanently and can be requested by referencing the date of the Council meeting.