Council of the Village of Yellow Springs

IN COUNCIL CHAMBERS September 19, 2005

CALL TO ORDER
President Tony Arnett called the meeting to order at 7:01 p.m.

ROLL CALL
Tony Arnett, Denise Swinger, Mary Alexander, Jocelyn Hardman and Bruce Rickenbach were present. The Interim Village Manager Phil Hawkey was also present.

ANNOUNCEMENTS
Hawkey announced that the annual Beggar's Night would be held on Sunday, October 30th, from 6 p.m. to 8 p.m.

Swinger announced that the Yellow Springs Men's Group met with WSU/CUPA to review the survey results. Please contact Karen Wintrow for more information or if you would like to receive a copy of the results.

Alexander announced the Volunteer Recognition was being held in Meeting Rooms A and B of the Bryan Center on Thursday, September 22nd. All volunteers from the Council's commissions, committees and boards would be honored for their service. Light refreshments would be served. The Yellow Springs Chamber Music would provide the musical entertainment.

Rickenbach submitted a listing of the Leadership Yellow Springs graduates to remind Council that this could be a pool of candidates for vacancies on the commissions, committees and boards. The Leadership Institute inaugurated its 4th class on September 24, 2005.

Arnett submitted his resignation to position of Councilperson for the Village of Yellow Springs, effective September 30, 2005. Arnett would be relocating to Wisconsin.

On behalf of Council, Swinger presented Arnett with a copy of the Two Hundred Years of Yellow Springs as a thank you for his commitment, dedication and leadership to the Village.

Arnett MOVED to APPOINT Jeff Singleton as his replacement on Council. Rickenbach SECONDED the MOTION. The MOTION PASSED 4-0, with an abstention from Arnett.
Singleton would take the oath of office at the October 3rd Council meeting.

REVIEW OF THE MINUTES
Review of the minutes from September 6, 2005 regular meeting. (Agenda Planning)

REVIEW OF AGENDA

PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP OH Newsletter(s)
Becky Campbell re: BZA Application
Design Advisory Commission Minutes
Cable Advisory Panel Minutes
Mills Lawn After School Care - Fall Street Fair Fund Raising
(Manager's Report)
Rosanne Anders County Emergency Management-Board Vacancy
(New Business)
Hawkey to Don Leeds re: Conservation Easement

PUBLIC HEARINGS/LEGISLATION
First Reading Ordinance #2005-22 Declaration of Conservation Area - Easement.
Rickenbach MOVED and Hardman SECONDED a MOTION for APPROVAL. Arnett explained that the conservation area designation was the 14 remaining acres of the eastern portion of the Glass Farm. A conservation easement would be drafted at a later date. The easement would forbid any residential or commercial buildings on this area. Zoning of this area would also be placed at a later date. The MOTION PASSED UNANIMOUSLY. A public hearing was scheduled for October 3rd.

2nd Reading & Public Hearing of Ordinance #2005-20 Thistle Creek Subdivision PUD Prelim Plan.
Rickenbach MOVED and Hardman SECONDED a MOTION for APPROVAL. Hawkey explained that there were no changes since the first reading of this ordinance. He further explained that the next step would be a final approval of the development plan for Phase 1 by Planning Commission followed by approval by public hearing by Council. Arnett opened the public hearing.

Joe Lewis, a Fairfield Pike resident offered a brief history about the storm water flows down Fairfield Pike, the Kingsfield detention pond, and the YS Creek. He expressed concern that neighbors outside the required 300' notification radius were not aware of this development plan even though they would be impacted by it. Lewis also suggested that a monitoring system be put in place to see how effective the detention basin functions once it is operational.

Arnett explained that Council had the water detention basin and stream restoration project out to bid now, so that some of Lewis's concerns had been previously considered and would be addressed once the project was completed.

Keith Kinney representing Daryl Kinney owner of the Kinney Farm expressed concern about Phase 2 and how far an extension of Wright Street would be to his property. He stated that there would be no benefit to the Kinney family if Wright Street were extended. Hawkey assured Kinney that Planning Commission would be discussing his concern.

Bob Mihalek from the YS News asked if Swinger had a conflict of interest in this discussion because her home is across the street from this development.

Arnett strongly worded his concern to Mihalek of his constant inquiries regarding conflict of interest issues to present and past Council members.

The roll was called. The MOTION PASSED 4-1, with a no vote from Alexander.

2nd Reading & Public Hearing of Ordinance #2005-21 Amending 206.02 Disposal of Surplus.
Swinger MOVED and Hardman SECONDED a MOTION for APPROVAL. This ordinance would allow the Village Manager to dispose of surplus property under $1000 administratively. Arnett opened the public hearing. Having no comments, the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

Resolution #2005-39 2005 Street Reclamation Project-Awarding Bid.
Rickenbach MOVED and Hardman SECONDED a MOTION for APPROVAL. The bid for this project would be awarded to A & B Asphalt Corporation, Springfield, Ohio. The project cost of $111,432.95 would be paid in part by $77,800 from the Greene County Permissive Motor Vehicle Tax Fund. The MOTION PASSED UNANIMOUSLY.

Resolution #2005-40 In Support of Katrina Relief.
Hardman MOVED and Swinger SECONDED a MOTION for APPROVAL. Ona Harshaw had brought forth a resolution in support of the Hurricane Katrina relief effort. The Human Relations Commission reviewed and recommended to Council the passage of this resolution. The MOTION PASSED UNANIMOUSLY.

Resolution #2005-41 Accepting Amounts & Rates & Authorizing Tax Levies.
Swinger MOVED and Hardman SECONDED a MOTION for APPRIOVAL. 2.60 mills, which is a total of $236,069.00, would go towards the General Fund and the Police Pension Fund. The MOTION PASSED UNANIMOUSLY.

Resolution #2005-42 Fuel Purchasing Agreement.
Alexander MOVED and Swinger SECONDED a MOTION for APPROVAL. The bid would be awarded to Speedway SuperAmerica at a wholesale price plus $0.075 per gallon. The MOTION PASSED UNANIMOUSLY.

Resolution #2005-43 Declaration of Surplus Property.
This resolution included a list of vehicles that would be placed for disposal by bid. The vehicles would be placed in the Bryan Center parking lot for review. The MOTION PASSED UNANIMOUSLY.

CITIZENS CONCERNS
Joe Lewis offered a thank you and commended Tony Arnett on his tenure as a member of Council. He added that the "conflict of interest" dialogue disheartened him.

SPECIAL REPORTS
Report from Finance Director-Software. Finance Director Sharon Potter reviewed the software program recommendation to Council. She explained that this would update the Utility office' software and assist the Village's supervisors and staff in monitoring their department fund accounts. The software cost would be $34,873. Council agreed to forego a decision until the Supplemental Appropriations ordinance was completed.

OLD BUSINESS
Village Manager Search Committee Update.
There are currently 82 applicants. The deadline for resumes is October 1, 2005. Bruce Rickenbach and Committee Chair Al Schlueter are doing a preliminary screening of the resumes.

Five-Year Financial Plan.
Arnett and Swinger reviewed the Goals and Action Plans along with Scenario A and Scenario B impact data. Rickenbach MOVED and Swinger SECONDED a MOTION to APPROVE the Five-Year Financial Plan. The MOTION PASSED UNANIMOUSLY.

NEW BUSINESS
Liquor License-Transfer.
Police Chief Grote explained that he did the background check and found nothing to prohibit the issuance of the license. The transfer was from former owner of the Emporium, to the new owners, Alexander MOVED and Swinger SECONDED a MOTION to offer no objections and to not request a hearing. The MOTION PASSED UNANIMOUSLY.
Liquor License-New.
The owners of the Sunrise Café have requested a D-5 liquor license. Grote explained that this was the only license available for the Central Business District. Grote added that he had completed the owners had cleared the background check. Hardman MOVED and Rickenbach SECONDED a MOTION not to oppose the request and not to request a hearing. The MOTION PASSED 3-1, with a no vote from Alexander and an abstention from Arnett.
Bike Enhancement/Northern Gateway. Move to Agenda Planning.
Emergency Management Board Vacancy.
Council by consensus nominated Police Chief John Grote as a candidate for this board vacancy. The MOTION PASSED UNANIMOUSLY.

MANAGER'S REPORT
Hawkey suggested that a process policy be drafted to address surplus items under $1000 for Council review. Council agreed.

The African American Studies Group at Antioch College had request signage recognizing Wheeling Gaunt and James McKee. Hawkey stated that the project is moving forward.

Y.S. Arts Council is sponsoring the Chamber Pot Art Gallery in Train Station.

Mills Lawn Fall Fundraiser. Hawkey would draft a letter to the MLASC notifying them that could use the Cemetery Street lot for a parking concession at the October Street Fair.

STANDING REPORTS
Arnett Village Mediation Program
Arnett Community Council
Hardman Environmental Commission. The Commission is deeply engaged in the review of the noise ordinance.
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)
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, October 3, 2005 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the October 3, 2005 meeting are:
Supplemental Appropriations
Beggar's Night Expenditure
Gas Aggregation
Minutes from September 6th
Awarding Bid-Storm Water Detention Basin & Stream Restoration
Millworks Development Corp.
Ordinance #2005-22 2nd Reading and Public Hearing

FUTURE AGENDA ITEMS
Bike Enhancement/Northern Gateway (Rickenbach Memo)
Utility Dispute Board- Guidelines
Caboose Report
Council Clerk Employment Agreement (October)
Conservation Easement-Glass Farm
Village Treasurer's Employment Agreement (October)
Ordinance re: BZA Quorum 1242.06
Pole Contract Agreements
Amending Noise Ordinance
Marilyn Reid, President-County Commissioners-Work Session
Appointment to Planning Commission
Appointment to BZA
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Stutzman Landscaping Lease
Annexation Policy Review
Parks & Recreation Master Plan

EXECUTIVE SESSION
Alexander MOVED and Hardman SECONDED a MOTION to go into Executive Session for a discussion on Personnel - Appointment to the BZA. The MOTION PASSED UNANIMOUSLY.

GENERAL SESSION
Swinger MOVED and Hardman SECONDED a MOTION to APPOINT Becky Campbell to the Board of Zoning Appeals. The MOTION PASSED UNANIMOUSLY.

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