Council of the Village of Yellow Springs

MINUTES

IN COUNCIL CHAMBERS November 7th, 2005

CALL TO ORDER
Mayor Foubert called the meeting to order at 7:01p.m.

ADMINISTERING THE OATH OF OFFICE to the Mayor
Senior Council member Mary Alexander administered the oath of office to Mayor Dave Foubert.

ADMINISTERING THE OATH OF OFFICE to new Council members. Mayor Dave Foubert administered the oath of office to newly elected members of Council, Bruce Rickenbach, Judith Hempfling and Karen Wintrow.

ROLL CALL
Mary Alexander, Jocelyn Hardman, Judith Hempfling, Bruce Rickenbach and Karen Wintrow were present. The Interim Village Manager Phil Hawkey was also present.

ELECTION OF PRESIDENT OF COUNCIL
Rickenbach MOVED and Wintrow SECONDED a MOTION to NOMINATE Jocelyn Hardman as President of Council. The MOTION PASSED.

ELECTION OF VICE PRESIDENT OF COUNCIL
Hardman MOVED and Alexander SECONDED a MOTION to NOMINATE Karen Wintrow as the Vice President of Council. The MOTION PASSED.

ANNOUNCEMENTS
AMP-Ohio is offering seven $1500 scholarships to graduating seniors throughout Ohio. This information including criteria and timelines was forwarded to Pam Stevens at Yellow Springs High School.

REVIEW OF THE MINUTES
Review of the minutes from November 7, 2005 regular meeting. Due to a computer problem the minutes would not be available for review until the next Council meeting.

REVIEW OF AGENDA
Council agreed to move the first reading of ordinance #2005-26 Ohio Mutual Aid to the December 5th Council meeting.

PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP OH Newsletter(s)
OML Villages and Cities Magazine
Clark, Schaefer, Hackett & Co. re: Independent Audit Report
Micki Adams re: Appeal of BZA Decision (New Business)
Dawn Johnson re: Term Ending on Planning Commission (New Business)
YSI Annual Report
Greene County Parks re: Holiday Event
Time Warner Cable re: Publicly-Traded Co.
Barbara Boettcher re: Phil Hawkey-Finalist/Village Manager (Acknowledgement)
Tecumseh Land Trust-Meeting with Miami Township re: Request for funds for an easement in Miami Township (Old Business)
Caboose Task Force Report

PUBLIC HEARINGS/LEGISLATION
1st Reading of Ordinance #2005-26 Mutual Aid (MOVED to 12/5)
2nd Reading and PH of Ordinance #2005-24 BZA Quorum. Rickenbach MOVED and Alexander SECONDED a MOTION for APPROVAL. If passed this ordinance would allow for a quorum requirement of three rather than the present number of four. Hardman opened the public hearing. Having no comments the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.
Resolution #2005-54 Awarding Bid to Eggeman Engineering. Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. If approved Eggeman Engineering would complete the environmental documentation for the Northern Gateway Project. Rickenbach proposed and Council agreed to a friendly amendment in Section 3 adding the phrase within the $25000 maximum after the words "scope of services". The MOTION PASSED.

CITIZENS CONCERNS
Resident Jo Ann Mahle expressed concern regarding the Birch III development project. The spillway is very close to neighboring lots.

Resident Ron Schmidt commended the outgoing members of Council and offered words of appreciation to the incoming Council.

SPECIAL REPORTS
There were no special reports.

OLD BUSINESS
Village Manager Search Committee. Committee Chair Al Schlueter reported that the candidates would be brought in for interviews the weekend of December 9th. They will have a tour of the Village and its facilities; participate in a community forum and a social hour. Fred Bartenstein would facilitate the community forum. There would be evaluation cards available to the public for each candidate. The interviews would be conducted in executive sessions.

Hempfling suggested that there be some part of the weekend set aside for Council to meet with the public to gather more input without the candidates present.

Set Dates for Budget Workshops. The workshops were scheduled for Dec. 1st, 8th 15th and if needed the 20th. The workshops will be held in meeting rooms A and B beginning at 7 p.m.

Review of 5-Year Financial Plan. Council agreed to discuss the next steps regarding this plan at their January 3rd meeting.

Policy re: Surplus Items under $1000. Hawkey gave an overview of the policy. Hawkey was directed to have language added that would clarify "trade in or trade".

Tecumseh Land Trust. Hardman would draft a letter to the Miami Township Trusts and copy the Tecumseh Land Trust addressing Council position that it not participate in the purchase of an agricultural easement on the 27.3-acre farm belonging to Mary Jane Miller since the land is in Clifton.

NEW BUSINESS
Appoint Council Reps to Commissions, Committees & Boards. Council reps to the commissions, committees and boards are as follows, an asterisk indicates the alternate.

Cable Advisory Panel - Mary Alexander
Planning Commission - Bruce Rickenbach, Judith Hempfling*
Environmental Commission - Judith Hempfling, Jocelyn Hardman*
Human Relations Commission - Judith Hempfling, Karen Wintrow*
Village Mediation Program - Mary Alexander
Community Council - Bruce Rickenbach
Chamber of Commerce - Karen Wintrow
Library Commission - Jocelyn Hardman
Greene County Planning - Jocelyn Hardman, Mary Alexander*
Miami Valley Planning - Karen Wintrow, Bruce Rickenbach*

Upcoming vacancies on the commissions, committees, & boards. The Clerk was directed to advertise the vacancies on the commissions, committees and boards.

Set Date for 2005 Goals meeting. The goal session was set for January 30th at 7 p.m. in Council Chambers.

Letter from Micki Adams. Hawkey explained that Micki Adams is asking for an appeal of the decision made by the Board of Zoning Appeals. Council would hold a public hearing to review the process to see if it was conducted appropriately and legally but not the decision itself. Documents pertaining to the case will be forwarded to the Village Solicitor for an opinion.

MANAGER'S REPORT
Hawkey reported that Council would have first readings on the Thistle Creek development and the Birch III development at their December 5th meeting. Council will also update their Western Area Service Group legislation and their pool agreement at the December 5th meeting. Hawkey also reported that asphalt should be placed by the end of November on those streets listed in the Street Reclamation Project. Concrete work is being completed on the Library's northeast entrance, the Glass farm Detention Basin Project is proceeding and Hawkey has narrowed his choice of candidates for the supervisor position at the Water and Wastewater Treatment Plants.

STANDING REPORTS
Village Mediation Program
Community Council

Environmental Commission. Hardman reported that the final draft of the noise ordinance was forwarded to the Village Solicitor. The Commission hopes to make a presentation on the noise ordinance in January.

Human Relations Commission
Library Commission
Cable Advisory Panel
Chamber of Commerce
Reg. Planning & Coord. Comm. Greene Cty. (On file)
Planning/Bike Comm./N. Gateway Commission (On file)
Miami Valley Regional Planning Commission (On file)

AGENDA PLANNING
The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, December 5, 2005 in Council Chambers, John Bryan Community Center, 100 Dayton Street.
Items for discussion at the December 5, 2005 meeting are:

Guidelines for Utility Dispute Resolution Commission (12/19)
Amending Noise Ordinance (January)
Thistle Creek Final Approval of Phase 1 (12/19)
Birch III approval of Section 2 cul de sac (12/19)
Resolution WASG Master Service Agreement Update
1st Reading and PH of Ordinance WASG Power Pool
1st Reading and PH of Ordinance Mutual Aid

FUTURE AGENDA ITEMS
Resolution #2005-51 Equipment Donation-Katrina Relief
Adopt Rules and Procedures for Council (Dec 19th)
Antioch University Rezoning of 10-acre parcel (January 3rd)
Public Hearing-BZA Appeal
Annual Reports (commissions, committees and boards)
Municipal Credit Card
Caboose Task Force Report (Dec 19th)
2006 Annual Appropriations
Pole Contact Agreements
Amending Noise Ordinance
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Annexation Policy Review
Parks & Recreation Master Plan
Charter Review Committee
Greenspace Fund

EXECUTIVE SESSION
There was no executive session.

ADJOURNMENT
Having no further business, Rickenbach MOVED and Alexander SECONDED a MOTION to ADJOURN. The MOTION PASSED at 8:47 p.m.