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The Yellow Springs

Council of the Village of Yellow Springs

IN COUNCIL CHAMBERS November 5, 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 7:03 p.m.

ROLL CALL
Karen Wintrow, Judith Hempfling, Kathryn Chase and Kathryn Van de Heiden were present as was the Village Manager Eric Swansen. Bruce Rickenbach was absent.

ANNOUNCEMENTS

There were no announcements.

REVIEW OF THE MINUTES.

Review of the minutes from October 15, 2007. Hempfling MOVED and Chase SECONDED a MOTION to APPROVE the minutes as amended. The MOTION PASSED.

REVIEW OF AGENDA

Old Business-Update of decision to keep Antioch College opened.


PETITIONS/COMMUNICATIONS

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

Time Warner re: Business Class Phone Service

Time Warner re: Annual Filing of 2008

Pam Sullivan re: AMPGS/News Articles

YS Chamber Newsletter

OML Legislative Bulletins October 22 nd , 26 th & Nov. 1 st

HRC Minutes

Barbara Bernstein re: NY Times/Coal Plants

Greene County Public Health-Strategy for Pandemic Influenza Mitigation

Greene County Public Library-Board Meeting

YS Arts Council re: Economic Development (Citizens Concerns)

Judith Hempfling re: Economic Development

Resolution-Antioch College

Village Financials

Victoria Hennessy re: Waste Water Treatment Plant

Copy of Wintrow letter to Antioch Board of Trustees

Mary Agna re: Greene County Council of Aging

Senator George Voinovich re: America 's Climate

Alliance for Energy & Economic Growth re: Against ACS Act

Kathryn Van der Heiden re: Economic Development

Judiciary Committee re: Meeting Dates

Time Warner Cable re: Increase in Rates

 

PUBLIC HEARINGS/LEGISLATION

1 st Reading of Ordinance #2007-19 Prairie States Power Plant. Van der Heiden MOVED and Chase SECONDED a MOTION for APPROVAL. Wintrow explained that AMP-Ohio had presented three power plant projects for consideration by Council, which included the AMPGS, Prairie States and Hydroelectric Power. Council is now considering the Prairie States power plant. Wintrow also explained that a decision would have to be made to determine how to proceed because this Council could have a first reading and public hearing and vote on the ordinance as an emergency; this Council could have the first reading with the second reading and public hearing be held with the incoming Council, or the incoming council could hold a first reading and public hearing as an emergency at the November 19 th meeting.

Swansen made a presentation on both the Prairie States and the Hydro plants. He explained that there were three options available for the Village to consider for our base load needs. The options were AMPGS for 3.168 MW, the Prairie State for 1 MW and the Hydro for .8 MW. He further explained that Prairie State is a fully permitted plant. The plant is erected on top of the coal reserves so there is no need for mountain top removal. He did caution that this was a "take or pay" contract. The agreement is for forty-five years.

Swansen explained that the Hydro Electric Plant would be on the Ohio River . He expects the plant to be operational by 2012. This is also a "take or pay" contract with 50 year financing.

Hempfling explained that she was unwilling to vote on this because it was buying into another coal plant. She would like more information on how the emissions from this plant will impact global warming. She added that she was concerned about the deadline for Council's decision and did not understand that this decision had to be made this soon.

Van der Heiden suggested that Council focus on the Village's energy needs. She would have preferred more notice that this was coming.

Swansen explained that back in February Council began its discussions on energy. The discussions covered distribution and conservation but Council had not gotten to the base load discussions until just prior to the AMPGS legislation. He added that the discussion regarding base load did not begin until August.

Chase explained that if the Council passed both of these ordinances, it would only provide 1.8 MWs toward the Village's 5+ MW base load requirements. She added that Council would still have to consider the remaining 3+ base load, the intermediate load, and the peak load needs. Wintrow opened the public hearing.

Public Hearing:

Dimi Reber expressed concerns over the 45-year commitment and the final costs. She hoped Council would not support the legislation.

Helen Eier read a statement from the Ohio Citizens Action group, which did not support coal energy power plants and urges plant clean up of the existing plants.

Harry Lipsitt explained that with the Gorsch plant closing, the Village would loose 3.2 MW of base load. These ordinances provide only 1.8 MW, which is not enough. He supported an affirmative vote on the Prairie State plant.

Marianne MacQueen explained that it is unfortunate but there are few alternatives and both of these plants will provide only a fraction of our total energy needs. She supported passing the ordinance.

Jerry Sutton and Joan Edwards supported passing the legislation and continuing to seek out alternatives.

The public hearing was closed. Council agreed to vote on this ordinance as an emergency. The roll was called. The MOTION was 3-yes, 1-no from Hempfling.

1 st Reading of Ordinance #2007-20 Hydro Power Plant. Hempfling MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Van der Heiden explained that hydro- power is not necessarily environmentally friendly. There could be damming of the rivers and the turbines kill fish. Wintrow opened the public hearing. Hearing no comments, the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

1 st Reading and Public Hearing Ordinance #2007-21 Supplemental Appropriations, as an Emergency. Van der Heiden MOVED and Chase SECONDED a MOTION for APPROVAL.

Swansen explained that the ordinance reflects line item movement within the funds and that there was no change in the total. He further explained that the movement reflects increase paving, additional work on Short Street and a decrease in pool projects for this year.

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

Resolution #2007-35 Clerk of Council Employment Agreement. Hempfling MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. The clerk was given a pay increase of 4%. Hempfling suggested and Council agreed to friendly amendment in the second Whereas ; to change the phrase meet expectations to exceeds expectations. The roll was called. The MOTION PASSED UNANIMOUSLY.

Resolution #2007-37 Awarding Contract Services-Project Manager/Ctr Bus Ed. Chase MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained that the Village entered into a project cooperation agreement with the US Army Corps of Engineers to receive grant funds for the Center for Business and Education project on a matching reimbursable basis. The Eggeman Engineering and Consulting, LLC of Springfield , Ohio has been selected to serve as the Village's representative for the US Army corps Infrastructure Grant for the Center for Business and Education. No Village monies will be used. The roll was called. The MOTION PASSED UNANIMOUSLY.

CITIZENS CONCERNS

YS Arts Council Letter. Members representing the Yellow Springs Arts Council read aloud a letter they had sent to Council regarding the economic development request from Yellow Springs Alliance proposed by Dan Young at a previous meeting. The YSAC members explained that it was important to include the "arts" when considering economic development. They are continuing their work of expanding and re-invigorating the YSAC and want to insure that the arts is recognized for its vital importance and impact on the Village.


SPECIAL REPORTS

There were no special reports.

Council agreed to take a brief recess at 8:5 9p.m. and returned at 9:05 p.m.

OLD BUSINESS

Economic Development-Next Steps. Hempfling reminded Council that they had set aside $50K a year for five years in beginning with the 2007 budget. She also agreed that economic development was not just about business. Hempfling suggested that Council use a model similar to the one used in Burlington , VT.

Van der Heiden had sent a memo to Council that offered ideas on how to move forward on the issue of economic development. She suggested a task force be appointed that would report to Council about options and direction for moving ahead. She also suggested that the Village hire an Economic Development Coordinator.

Dan Young, speaking for the YSA explained that there had been a representative from the arts community within their group and that they had agreed that the arts played a vital role in the Village.

Tony Dallas suggested that members from the Antioch Alumni Group should be engaged in this project. Council agreed to continue this discussion after the new council is seated.

Electric Systems Task Force-Phase 2. Wintrow reported that Reggie Stratton was named chair and Benj Maruyama second chair to the Task Force. The members had agreed to appoint Bob Brecha as a member. The other members include Carol Gasho, Steve Conn, Roy Eastman, Richard Zopf and David Heckler. Council liaison reps were Karen Wintrow and Judith Hempfling. Their meetings are scheduled by weekly on Wednesdays at 7:30 am.

Swansen suggested the John Courtney be used as a consulting engineer. He monitors the Village's credit worthiness and debt ratio.

Wintrow suggested and Council agreed that staff should prepare a report regarding the Electric Systems Task Force Phase I report that was presented to Council at a previous meeting. Swansen explained that the modeling was underway and he had met with DP & L.

Antioch Decision. Wintrow reported that the Antioch Alumni Group and the Antioch University Board of Trustees had worked diligently to draft a six-page resolution to keep the College opened. This was the first step of many that remained in order to keep the College open.

 

NEW BUSINESS

Training for HB9 / Designation of the Clerk of Council as Council Representative. The Clerk explained that Council would need to make a MOTION that would allow her to be their designee for the Attorney General's training regarding House Bill 9.

Wintrow MOVED and Van der Heiden SECONDED a MOTION to appoint Deborah Benning, Clerk of Council as the Yellow Springs Village Council's designee to the State Attorney General's Training on House Bill 9 Records Management for Ohio Municipalities. The MOTION PASSED.

Economic Development Revolving Loan Fund Quarterly Report. Clerk of Council-Treasurer Benning explained that there was $26,861.15 available for new loans and that the Committee had received and reviewed one new loan application. She added that the loan documents would come before Council at their November 19 th meeting. Council action would be in the form of a resolution.

Investment Summary Quarterly Report. Clerk of Council-Treasurer Benning explained that the Village shows a slow but steady increase in their investments. The Star Ohio account had a current interest rate of 4.96%.

 

MANAGER'S REPORT

Swansen reported that he had participated a 'kick-off' interview with Business First. The meeting had taken place at the Center for Business and Education and was the first time a meeting had been held outside of Dayton . YS Chamber and Greene County Development representatives were also present.

Swansen also reported that he would be meeting with the teachers and staff from Mills Lawn Elementary School to discuss the Walnut Street project.

 

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 19, 2007 Council Chambers, John Bryan Community Center, 100 Dayton Street.

Administering the Oath of Office-Mayor and Council

Election of the President of Council

Election of the Vice President of Council

Set Dates for Budget Workshops

Representatives to Commissions, Committees and Boards

Set Date for Goal Setting Session

Review Council Policy and Procedures Document

Resolution: EDRLF/Peach's/Don Beard

Schedule Discussion re: AMPGS

Smart Growth/Alternative Energy

FUTURE AGENDA ITEMS

Presentations -Bob Brecha/Pat Murphy/NRDC
1 st Reading of Ordinance re: 2008 Annual Appropriations (Dec/Jan)
2 nd Reading of Ordinance #2007-18 AMPGS Base Load (Feb '08)
Economic Development Task Force
ESTF-Phase 2 Report
Solid Waste Contract
YSA Economic Development Request
Amending Public Records Policy
CEMEX Letter re: Tire Burning
Caboose Update
Personnel Policy Manual-Amending Removal of Office/Council Employees
Annexation
Ordinance re: Control of Demolitions
Guidelines for Utility Resolution Dispute Commission
Fairfield Pike/Polecat Rd Citizen's Petition Update
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, Hempfling MOVED and Van der Heiden SECONDED a MOTION to ADJOURN. The MOTION PASSED at 10:21 p.m.
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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