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The Yellow Springs

Council of the Village of Yellow Springs

IN COUNCIL CHAMBERS June 4, 2007

Comments from the Public are welcomed at two different times during the course of the meeting: (1) Comments on items not on the Agenda will be heard under Citizens Concerns, and (2) Comments on all items listed on the Agenda will be heard during Council's consideration of said item. A Sign-In sheet will made available on the small table at the rear of the Council Chambers. Please first write your name and the topic you wish to discuss.

CALL TO ORDER
Vice President Karen Wintrow called the meeting to order at &:00 p.m.

ROLL CALL
Karen Wintrow, Judith Hempfling, Kathryn Chase and Kathryn Van der Heiden were present. The Village Manager Eric Swansen and the Village Assistant Planner Ed Amrhein were also present. Council member Bruce Rickenbach was absent.

ANNOUNCEMENTS

There were no announcements.

REVIEW OF THE MINUTES.

Review of the minutes from May 21, 2007 . Chase MOVED and Hempfling SECONDED a MOTION to APPROVE the minutes as submitted. The MOTION PASSED.

REVIEW OF AGENDA

No additional items were added.


PETITIONS/COMMUNICATIONS

                 The Clerk will receive and file:
AMP-Ohio Newsletter(s)

YS Chamber Newsletter

Monthly Cash Position Statement

Greene County Parks re: CEMEX Reserve Wetland Celebration

YS Library re: Console Game Madness

Amy Otto re: Library Commission Application (Van der Heiden would contact).

OML Legislative Bulletin 5/25/07

OML Legislative Bulletin-Tax Break for Seniors

OML Legislative Bulletin-Mayor's Court

Dimitra Reber re: Comprehensive Plan Review (New Business)

Lee Huntington re: Riverside Local Tax (Manager's Report)

John Chambers Memo re: Riverside Local Tax (Manager's Report)

Bricker Construction Law re: Force Account Labor

Peachs Grill re: Economic Revolving Loan Fund Request

First Responders' Full Scale Exercise

PUBLIC HEARINGS/LEGISLATION

2 nd Reading and PH of Ordinance #2007-10 Amending Investment Policy. Hempfling MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Wintrow explained by including the Finance Director in the decision-making process would add another level of oversight to this process. Swansen added that he amended the Finance Director's job description to include either seven years of municipal finance experience or the person would have to have worked in the auditor's office.

Wintrow opened the public hearing. Having no comments, the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

Resolution #2007-14 Green Pricing/Green Energy Program. Hempfling MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Wintrow explained that the customer would pay a premium rate to join the Nature Energy Program. Swansen added that this is a voluntary program and it would be supported by a payment of a surcharge from the individual customer. The cost to the customer would be $.013 and $.015 per kilowatt of renewable power. The village would incur a one-time startup cost of approximately $5200, which does not include staff time. The ongoing operating costs would be approximately $1700 annually, which does not include advertising and publicity costs.

Environmental Commission Chair , Chad Runyon explained that this legislation gives villagers the option to participate. He added that the sponsor of the program, Green Mountain Energy would provide brochures explaining the program.

In answering a question from Chase regarding individual programs available to villagers, Runyon explained that there was a program called TerraPass, which allows individuals to purchase a pass for their home or car. The TerraPass funds clean energy projects that reduce greenhouse gas emissions.

Van der Heiden expressed concern that there was no way to gauge how many villagers would participate in this program to warrant the costs. Hempfling made a statement in support of this program.

Audience member Becky Campbell asked if the village could get a commitment of participation prior to spending the up front costs. Swansen suggested that EC could assist in getting the larger users to commit to the program.

Van der Heiden MOVED and Wintrow SECONDED a MOTION for an amendment to the resolution allowing that the time period from the passage of this resolution until the fall enrollment deadline that a commitment of 10% of the Village's power users would be sought to relieve the start up costs. The MOTION PASSED, 3-1 with a no vote from Hempfling. The roll was called on the resolution. The MOTION PASSED UNANIMOUSLY

Resolution #2007-15 Opposing HB 154 Abolishing Mayor's Court. Hempfling MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Wintrow explained that there was a strong indication that we would eventually lose our Mayor's Court. This resolution opposes the abolishment of Mayor's Court. The Mayor's Courts throughout Ohio have hired a lobbyist to aid in the defeat of this bill. The roll was called. The MOTION PASSED UNANIMOUSLY.

Resolution #2007-16 Electric System Taskforce. Van der Heiden MOVED and Hempfling SECONDED a MOTION for APPROVAL. Wintrow and Hempfling made statements of support for this taskforce and how pleased they were with the villagers willing to participate. The membership included Benji Maruyama, Steve Conn, Roy Eastman, Richard Zopf, Carol Gasho, Pat Murphy, David Heckler, Paul Abendroth and Reggie Stratton. Bob Brecha would be a resource person regarding energy conservation.

Chase read a statement that supports a new substation. She explained that energy conservation was necessary, but having sufficient and reliable electric service was also important to the Village. The roll was called. The MOTION PASSED 3-1 with a no vote from Chase.

Resolution #2007-17 Amending Solid Waste Contract/Rumpke. Van der Heiden MOVED and Hempfling SECONDED a MOTION for APPROVAL. Swansen explained that this would allow for an extension of the Rumpke contract in order to give more time for a new bidding packet to be prepared. Swansen further explained that there could be an increase cost of services based on the recent fuel increases and that the new entry tier level begins at 32 gallons rather than 30 gallons. He would keep Council informed. The roll was called. The MOTION PASSED UNANIMOUSLY.

CITIZENS CONCERNS

Pat Murphy citing the Comprehensive Plan stated that there was no statement indicating population growth. How much? How fast? When? He suggested that these questions be discussed and answered. Swansen explained that Planning Commission has this listed as a 2007 goal.


SPECIAL REPORTS

There were no special reports.

OLD BUSINESS

Charter Review Update. The Miami Township Representative on Planning Commission, John Struewing explained that villagers have the ability to vote for the township trustees and the trustees appoint members to the Township Zoning Board. Village Council appoints its members to its commissions and boards including the township rep. He would not support the change in the Charter that denied voting to the Township rep.

Charter Committee member Jerry Sutton asked if Council wanted to give voting power to a non-Village resident. Hempfling suggested that this particular question should be a separate ballot question. Wintrow suggested that the language be change to say an appointment could be one resident of Miami Township outside of the Village. Council agreed to forward Section 66 to the Village Solicitor and ask for his recommendation on the language.

Council agreed to have the amendments put into ordinance form for a first reading to be held at their June 18 th meeting. The second reading and public hearing will be held on July 16 th .

Appointment of Council Liaison to Community Council. Hempfling MOVED and Van der Heiden SECONDED a MOTION to APPOINT Kathryn Chase as the Council liaison to Community Council. The MOTION PASSED.

Using Scheduling Tool. Council agreed to implement the use of the scheduling tool at their next meeting. Swansen would begin to fill in the agenda items that have been suggested.

Council Rules and Procedures Revisions. Council reviewed the latest draft of their Rules and Regulations submitted by Wintrow. Hempfling explained that she would like to see information for the public distributed at the same time as council packets. She suggested that all documents be available electronically and the website be updated more frequently. Hempfling agreed to prepare an amendment to this draft for discussion at the next Council meeting. Swansen caution that the Village's website would need an upgrade costing approximately $15,000.

NEW BUSINESS

Environmental Commission- Tire Burning. The Environmental Commission presented a draft of a letter that they had recommended be signed off by Council. The letter would be sent to RAPCA in protest to the possibility of the CEMEX Co. burning tires. Wintrow suggested and Council agreed that she would work with EC member Steve Conn to draft a letter that would be more precise in outlining Council's concerns.

CITIZENS CONCERNS

Dimi Reber asked that Council have a conversation with the public regarding growth. Pat Murphy suggested having a conversation on whether there would be annexation.

MANAGER'S REPORT

Swansen reported that a final hearing would be held in Columbus regarding Senate Bill 117. If it passes it would cancel our franchise fees, which supplement funding for Channel 13. Swansen anticipates funding to be a major issue for continuation of Channel 13.

Swansen explained that the Riverside Tax issue would allow certain Wright Pat employees to pay their income tax to Riverside rather than their own municipalities. Swansen will keep Council updated on any new developments. The Village Solicitor is reviewing this issue.

The Emergency Management Service will hold a First Responders' Full Scale Exercise at Antioch College on June 15 th from 9 a.m. to 3 p.m.

Wintrow MOVED and Van der Heiden SECONDED a MOTION to close Livermore Street during this exercise. The MOTION PASSED.

AGENDA PLANNING

The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, June 18, 2007 Council Chambers, John Bryan Community Center, 100 Dayton Street.

CIP Presentation-J. Sutton

Appointment to Library Commission

Resolution Amending the Village Manager's Employment Agreement

Rules and Procedures for Council

Ordinance re: Charter Review

Letter EC re: Tire Burning

Review of Due Process Policy for Council Employees

Planning and Zoning Report

Resolution Approving the Tax Budget

1 st Reading of Ordinance Budget Amendment

 

FUTURE AGENDA ITEMS

Caboose Update
YS Tree Committee re: Proposed Tree Survey
Personnel Policy Manual-Amending Removal of Office/Council Employees
Greenspace Fund/Tecumseh Land Trust (July 16 th )
Annexation
Ordinance re: Control of Demolitions
Guidelines for Utility Resolution Dispute Commission
Fairfield Pike/Polecat Rd Citizen's Petition Update
Protecting the Greenbelt/Plan/Update (July 16 th )
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Parks & Recreation Master Plan

EXECUTIVE SESSION

There was no Executive Session scheduled.


ADJOURNMENT

Having no further business, Van der Heiden MOVED and Chase SECONDED a MOTION to ADJOURN. The MOTION PASSED at 10:18 p.m.

_____________________________________

Karen Wintrow, Vice President of Council

 ______________________________________

Deborah Benning, Clerk of Council

Council Agenda
100 Dayton St.
Yellow Springs, Ohio 45387
Clerk of Council:
Phone: 937-767-9126
Fax: 937-767-7220
E-mail: dbenning(at)yso.com
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