Council of the Village of Yellow Springs

MINUTES

IN COUNCIL CHAMBERS October 17th, 2005

CALL TO ORDER
Vice President Denise Swinger called the meeting to order at 7:02 p.m.

ROLL CALL
Denise Swinger, Mary Alexander, Jocelyn Hardman, Bruce Rickenbach and Jeff Singleton were present, as was the Interim Village Manager, Phil Hawkey.

ANNOUNCEMENTS
A special Council meeting with Miami Township Trustees will be held Monday, October 31st at 7 p.m. in the Township Trustees Office on Corry Street.

Beggar’s Night is scheduled for Sunday, October 30th, 6 p.m. to 8 p.m.

The fire hydrants will be flushed during beginning Monday, October 31 st through Friday, November 4th.

REVIEW OF THE MINUTES
Review of the minutes from October 3, 2005 regular meeting. Alexander MOVED and Rickenbach SECONDED a MOTION to APPROVE the minutes as amended. The MOTION PASSED UNANIMOUSLY.

REVIEW OF AGENDA
Hardman requested that Council schedule the dates for the upcoming budget workshops. Council agreed that the meetings would take place prior to the December holidays but the dates should not be set until after the general election.

PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP OH Newsletter(s)
Planning & Zoning Workshop
Time Warner-Rate Adjustment Filing Forms
Statement of Cash Position
Design Advisory Commission Minutes

PUBLIC HEARINGS/LEGISLATION

1st Reading of Ordinance 2005-24 Amending 1242.06 BZA. Rickenbach MOVED and Alexander SECONDED a MOTION for APPROVAL. This ordinance would change the quorum requirements from four to three. This would place the BZA quorum requirements more in line with Council and Planning Commission. This ordinance was based on a recommendation from Planning Commission. The MOTION PASSED UNANIMOUSLY. The public hearing has been scheduled for November 21, 2005.

1st Reading of Ordinance 2005-25 Conservation Easement. Rickenbach MOVED and Hardman SECONDED a MOTION for APPROVAL. If approved this ordinance would approve a conservation easement agreement between the Village and the Greene Soil and Water Conservation District on the eastern portion of the Glass Farm. Hawkey asked for a friendly amendment to change the resolution number in the third Whereas from 2005-30 to 2005-18. Rickenbach and Hardman agreed.

Bob Mihalek from the YS News asked about Tecumseh Land Trust’s position on not accepting the easement and what decisions were taken regarding the discussion in the executive session held on October 3 rd.

Council understood TLT’s position of not holding the easement at this time and that the Village Solicitor had advised Council that they could still designate a conservation easement area without naming the holder of the

easement. Swinger added that the executive session was called to discuss the next steps needed to move the easement forward.

Hawkey reviewed the conservation easement agreement adding grammatical corrections and other pertinent information that was not included. The document will be updated prior to the public hearing scheduled for November 7, 2005. The MOTION PASSED UNANIMOUSLY.

Resolution 2005-46 In Support of Issue 1. Hardman MOVED and Singleton SECONDED a MOTION for APPROVAL. Hawkey explained that the Village has benefited from this funding for street and infrastructure projects. The program has expired and is now up for renewal. The funds are handled through the county and allotted geographically. The MOTION PASSED UNANIMOUSLY. The Clerk was directed to send a copy of the signed resolution to Ohio Jobs Committee.

Resolution 2005-47 Flour & Sugar Expenditure. Alexander MOVED and Rickenbach SECONDED a MOTION for APPROVAL. Rickenbach suggested and Council agreed to remove the word worthy from the resolution. This annual tradition is in keeping with the wishes of Wheeling Gaunt. The MOTION PASSED UNANIMOUSLY.

Resolution 2005-48 Utility-eGovWeb Online Software. Alexander MOVED and Hardman SECONDED a MOTION for APPROVAL. Finance Director Sharon Potter explained that if the program were purchased this year there would be a savings of $3000 plus the first year annual support fee would be waived. Potter stated that she would like to have the online bill pay ready in 2006.

Audience member Peggy Erskine asked what were the advantages or disadvantages of paying online versus paying through direct deposit? Potter said she would ask.

Bob Mihalek of the YS News asked several questions regarding the software and public participation in the existing direct deposit program. Needing more information from Potter, Rickenbach MOVED and Alexander SECONDED a MOTION to TABLE the discussion. The MOTION PASSED UNANIMOUSLY.

Resolution 2005-49 MVRPC: Regional Principles Endorsement. Singleton MOVED and Hardman SECONDED a MOTION for APPROVAL. The Regional Principles will serve as a guide for action in regional planning decisions. Swinger reported that there were no significant changes since the last review. The MOTION PASSED UNANIMOUSLY. The Clerk was directed to forward a copy to MVRPC.

CITIZENS CONCERNS
There were no comments from the audience.

SPECIAL REPORTS
Interim Report-Caboose Task Force-Meeting Minutes. Rickenbach reported that the Task Force has been meeting and plans to present a recommendation to Council in mid December.

OLD BUSINESS
Village Manager Search Committee Update. Rickenbach reported that the Committee had met and had narrowed the field of candidates. The next steps could include telephone interviews. The Committee would like to recommend 3 to 4 finalists to Council for further consideration. Their next meeting is scheduled for October 26 th.

Surplus Equipment-Amrhein. Swinger recused herself for this discussion because her organization Starfish is working directly with KORR. Alexander chaired this portion of the meeting.

Ed Amrhein explained the equipment need of some of the municipalities hit by hurricane Katrina and Rita. He suggested that the Village donate some of its surplus equipment rather than sell it at the County auction.

Alexander explained that Council had a policy for donations to nonprofits and suggested that Amrhein review the policy.

Ona Harshaw a member of KORR, the local hurricane relief organization suggested that if the Village is to donate the equipment that it deal directly with the municipality rather than go through KORR. Amrhein will continue to investigate the possibilities and will report back to Council at a later date.

Proposed Transportation Committee-Update. Swinger reported that she had met with members of the Bike Enhancement/Northern Gateway Committee. The Committee supported the forming of a transportation commission. They recommended that members from the various committees dealing with public access appoint representatives to a transportation commission rather than roll their committee into such a commission. Swinger will continue to meet with the other committees and will report back to Council at their next meeting.

5-Year Financial Plan-Scenario C. Hardman suggested and Council agreed to add a Scenario C to the Financial Plan. This scenario includes an increase in the income tax and a reciprocal tax.

NEW BUSINESS
Investment Summary - Potter. The Finance Director prepared the Third Quarter Investment Summary in the absence of Village Treasurer Charlotte Collins. The Sweep Account is still the highest interest bearing account (2.49%) of the Village’s accounts with US Bank. The STAROhio municipal investment account has the overall highest interest.

Economic Revolving Fund Update. Potter explained that the she had been meeting with Attorney Jim Hill to discuss the next steps regarding the Gypsy Café loan. The loan is in arrears and the payments are not coming through payroll deduction as was previously agreed upon. Potter will continue to update Council.

Phil Hawkey stated that he had a new loan application to be considered and would like to discuss the matter with Council in Executive Session. Council agreed.

Finance-Credit Card/Internet Purchases. Potter explained that there have been instances were the Village could save money by making purchases on the Internet. However, the purchases must be made with a credit card. The Village currently does not have a municipal credit card (Visa or Master Card) Potter further explained that the State Auditor’s Office has Best Practice Guidelines for credit cards, which include controls and security measurements. Council supported further investigation.

Quarterly Financials. Potter explained that the report figures are as of September 30th and do not reflect the supplemental appropriations that was recently passed.

Rickenbach suggested and Council agreed to show offsetting revenue included in the supplemental appropriations. Potter explained that we use county forms for reporting the Village’s supplemental appropriations, which cannot be amended to show the offsetting revenue, however she could provide the information in another format.

MANAGER’S REPORT
Hawkey reported that the timing problem with the traffic light at State Route 343 has been corrected. The new rear entrance to the YS Library should be completed by October 29 th. In preparation of the annual appropriations, he should receive departmental budgets by the end of the month.

He also had distributed copies of the opt-in/opt-out letters being sent to residents who have used Interstate Gas as their gas providers. Hawkey on the

advice of AMP-Ohio and Interstate Gas has recommended Villagers opt-out of its present gas aggregation program.

STANDING REPORTS

Village Mediation Program

Community Council

Hardman Environmental Commission. The Commission cannot meet the deadline date for their report to Council regarding the noise ordinance. They do recommend that once the draft is complete that it be review by the Village Solicitor. Hardman also requested and Council agreed that an ad be placed for the vacancy on the Commission.

Hardman Human Relations Commission

Alexander Library Commission

Alexander Cable Advisory Panel

Alexander Reg. Planning & Coord. Comm. Greene Cty. (On file)

Rickenbach Planning/Bike Comm./N. Gateway Commission (On file). The Bike Enhancement/Northern Gateway Committee expressed concerns regarding a bike path in the Thistle Creek development and the completion of the sidewalk on King Street near Dayton Street. Ed Amrhein explained that the Committee did a review of the development plan for Thistle Creek and had requested that the review be forwarded to Planning Commission.

Swinger 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, November 7, 2005 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the November 7, 2005 meeting are:
Stutzman Landscaping Land Purchase
Bid-Storm Water Detention Basin & Stream Restoration
Guidelines-Utility Dispute Resolution Board
Supplemental Appropriations
Marilyn Reid, President-County Commissioners-Work Session
Transportation Commission
Budget Workshop Dates
Resolution re: Coat Funds Transfer
5-Year Financial Plan
Resolution re: eGov2Web
Planning/Zoning Quarterly Report
Policy re: Surplus Items Under $1000

FUTURE AGENDA ITEMS
2006 Annual Appropriations
Budget Workshops
Pole Contact Agreements
Amending Noise Ordinance
Appointment to BZA
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Annexation Policy Review
Parks & Recreation Master Plan

EXECUTIVE SESSION
Alexander MOVED and Hardman SECONDED a MOTION to go into Executive Session to discuss Personnel-Employment for the Village Treasurer,

Clerk of Council and the Director of Finance employee agreements in accordance with Ohio Revised Code #121.22 (G)(1) and to discuss a Confidential Matter-Loan Request, a new loan request from the Economic Revolving Loan Fund by a resident in accordance with Ohio Revised Code #121.22(G)(5). The MOTION PASSED UNANIMOUSLY.

Rickenbach MOVED and Hardman SECONDED a MOTION to return to the General Session. The MOTION PASSED UNANIMOUSLY.

ADJOURNMENT
Having no further business, Rickenbach MOVED and Singleton SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY.