COUNCIL OF THE VILLAGE OF YELLOW SPRINGS AGENDA IN COUNCIL CHAMBERS @ 7:00 p.m. Tuesday, February 17, 2009 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 be made available on the small table at the rear of the Council Chambers. Please write your name and the topic you wish to discuss. CALL TO ORDER ROLL CALL ANNOUNCEMENTS REVIEW OF THE MINUTES February 2, 2009 Regular Meeting REVIEW OF AGENDA PETITIONS/COMMUNICATIONS The Clerk will receive and file: AMP-Ohio Newsletter(s) County Pools to Close Paul Abendroth re: Cable Advisory Board Renewal Jean Payne re: Cable Advisory Board Renewal William Mullins re: Cable Advisory Board Renewal OML Legislative Update for February 16th Small Business Admin re: Economic Injury Disaster Loans Liz Porter re: Greenspace Fund News Release re: The Antioch Company/Chapter11 DDN re: Fairborn Council/City Manager Mary White re: Greenspace OML re: PERS Benefit Change Stanley Bernstein re: Disposal of Materials PUBLIC HEARINGS/LEGISLATION (7:10 pm) Resolution #2009-06 Authorizing the VM to enter into an agreement Glen Helen Ecology Inst. Resolution #2009-07 Authorizing the VM to entering into an agreement Nature Works Grant CITIZENS CONCERNS (7:45 pm) SPECIAL REPORT (7:55 pm) YS Chamber of Commerce Annual Report OLD BUSINESS (8:10 pm) 2009 Council Goals Verizon Site Update Budget/Levy/Fund Balance NEW BUSINESS (8:40pm) Visioning/Planning-RFP recommendations HRC Appointment Council Meeting Dates (MOTION) 1 MANAGER’S REPORT (8:50 pm) Annual Report Antioch University Update Time Warner Petition/Effective Competition STANDING REPORTS (9:00 pm) Lori Askeland Environmental Commission Lori Askeland Planning/Bike Com/N Gateway (on file) John Booth Village Mediation Program John Booth Human Relations Commission No Rep. Community Council Judith Hempfling Cable Advisory Panel (on file) Kathryn Van der Heiden Library Commission Kathryn Van der Heiden Reg. Planning Commission-Greene County Karen Wintrow Chamber of Commerce (on file) Karen Wintrow Miami Valley Regional Planning (on file) Wintrow & Hempfling Electric System Task Force Wintrow & Van der Heiden Visioning/Planning Task Force (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, March 2, 2009 in Council Chambers, John Bryan Community Center, 100 Dayton Street. Items for discussion on Monday, March 2, 2009: Council Notes YS Library Lease John Chambers-Conflict of Interest/Stutzman First Reading re: Ordinance Gaunt Park Pool Fees Electric Systems Taskforce-Next Steps Investment Report for 2008 January 26, 2009 Special Meeting. February 3, 2009 Budget Workshop FUTURE AGENDA ITEMS Bryan Center Guidelines (March 16) Environmental Commission (March 16) Bicycle Friendly Community Application (March) Council Retreat ICMA Public Library Innovation Grant Info Travel and Training Policy-Council Resolution -Red Flag Rule/Identity Theft Prevention Program Economic Development CIC/CR Comprehensive Plan 4.1 et al Planning Commission Requests from Annual Report Economic Development/Task Force Recycle-Bryan Center HRC-Domestic Partnership Sidewalks-Rules and Regulations-Village Manager/Guidelines Electric /capacity, contracts, capital projects, equipment Green Space Legislation Blue Ribbon Finance Tree Committee Personnel Policy Manual Update Annexation Guidelines for Utility Resolution Dispute Commission 2 Fairfield Pike/Polecat Rd. Citizen’s Petition Update Marking State Route 68 Bikeway Conservation Easement-Well Fields Parks and Recreation Master Plan EXECUTIVE SESSION ADJOURNMENT “The Village of Yellow Springs is committed to providing reasonable accommodations for people with disabilities. The Council meeting is wheelchair accessible. Any person requiring a disability accommodation should contact the Village Clerk’s Office at 767-9126 or via e-mail at firstname.lastname@example.org for more information.” 3 COUNCIL OF THE VILLAGE OF YELLOW SPRINGS MINUTES IN COUNCIL CHAMBERS February 2, 2009 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. CALL TO ORDER President Judith Hempfling called the meeting to order at 7:03 p.m. ROLL CALL Judith Hempfling, Karen Wintrow, Kathryn Van der Heiden, John Booth and Lori Askeland were present. Village Manager Mark Cundiff, Assistant Planner Ed Amrhein and Police Chief John Grote were also present. ANNOUNCEMENTS The first Budget Workshop has been scheduled for February 3rd at 7 pm in Meeting Rooms A and B. The topic will be capital improvements. Two other workshops have been scheduled for February 23rd and 28th. REVIEW OF THE MINUTES. Review of the minutes from January 5, 2009. Wintrow MOVED and Van der Heiden SECONDED a MOTION to APPROVE the minutes as submitted. The MOTION PASSED. REVIEW OF AGENDA Budget Hearing Locations-Old Business PETITIONS/COMMUNICATIONS The Clerk will receive and file: AMP-Ohio Newsletter Mayor’s Monthly Statement Patti Dallas re: HRC Application Paul Abendroth re: Council Packet/Website Greene County EMA Advisory Board EC re: CEMEX/Tire Burning MVRPC re: County Census Boundaries YSPD re: Pay Increases-New Business Gov. Strickland re: State of the State Address State Senator Widener re: Economic Development and Transportation County Bd. of Elections re: Officials List PUBLIC HEARINGS/LEGISLATION Resolution #2009-05 Business First Participation. Wintrow MOVED and Booth SECONDED a MOTION for APPROVAL. Cundiff stated that he supports the efforts of Business First. The MOTION PASSED. CITIZENS CONCERNS Chris Roberts had been in touch with Vernays regarding her suggestion of a feasibility study regarding a solar panel program on the property. Vernays expressed concern about the ability to place the panels on the land due to the remediation but was not opposed to the idea. SPECIAL REPORTS Matthew Derr-Update on Negotiations/Antioch College. Derr is the Chief Transition Officer for the Board ProTem of the Antioch College Continuation Corporation. Derr spoke about the letter of intent between the University and this group to separate the College from the University. They have 90 days to complete the agreement. The Great Lakes College Association has been assisting in this effort. He believes that there will be many opportunities for the College and the Village to work together. The Antioch Review will remain a part of the College, however the study aboard program and WYSO will not. They do hope to retain the Coretta Scott King Center. Derr explained that some assets such as the library may be used by both in a collaborative effort. OLD BUSINESS Safe Routes to School. Amrhein that although the project had been set aside for a short time the Village has not missed any deadlines. In answering Wintrow’s question regarding sidewalks and bike ability Amrhein explained that the project will have components that will include sidewalks and bike routes but that these were not the main components of the project. Economic Development with Shuman Update. Megan Quinn explained that the Yellow Springs Foundation gave a grant that assisted in the group meeting their expenses. She also gave an electronic copy of the report which can be placed on the Village website. She also reviewed some of the evaluations of the weekend by participants. She also had a CD of the PDF files from the weekend. Dimi Reber the next step was to translate the words of the workshop into actions. Smart Growth will be hosting a follow-up meeting on February 22nd at 3 p.m. Location for the meeting will be announced at a later date. DVD’s from the sessions with Shuman will be available for Channel 5. Visioning/Planning Update-RFPs. Len Kramer explained that they had hoped to be done with their work and ready to present their recommendations for this meeting, but circumstances dictate that this will not happen until the next Council meeting. Kramer did inform Council that the group would be recommending four groups out of the 27for consideration. He further explained that Council had 120 days from January 9th to complete its process. Resolution re: Library Lease. Council reviewed the new proposed lease. Van der Heiden explained that she had been asking for the lease for two years and was glad to finally see it come to fruition. Benning explained that this new lease included more detail about the responsibilities of each party. Benning stated she would forward copies to the County, the YS Library and the YS Library Association once Council has approved the language. Benning would schedule the legislation for March. Van der Heiden asked how problems library’s physical plant get resolved. Benning explained that the Head Librarian in an emergency can call Dave Conley or Mark Cundiff at the Village offices. Non-emergency items can be brought to Council via the Library Commission. Benning was directed to forward the draft lease and ask for comments. NEW BUSINESS Budget Workshop. Council suggested using Meeting Rooms A and B for the workshops. They also suggested using a U-shape table set up and theatre seating. Cundiff hoped to have the information placed on PowerPoint for the audience. 2009 Goals Update. Hempfling reminded Council that they had from February thru October to meet some of their goals. This is an election year and council membership could change. She suggested that Council’s commissions, committees and boards assist in meeting some of the goals. Van der Heiden and Askeland agreed to review the goals and try to categorize the items listed under the goals. Hempfling and Wintrow would work on a proposal for the work of the next ESTF. Bryan Center Guidelines. Benning explained that John Bryan had added deed restrictions regarding alcohol and religious worship and these restrictions had been supported by the previous councils. With nondiscriminatory laws currently in place that were not during the writing of the restrictions, Council agreed to seek a legal opinion from the Village Solicitor. Paul Abendroth asked Council to consider what would happen if other deed restrictions were ignored. Joan Edwards suggested that Council should honor John Bryan and support the original deed restrictions. Council would uphold the deed restrictions until a final decision can be made. Letter from the YS Police Dept. re: Raises. Cundiff referring to a memo from the YS Police Dept. explained that there had been a change in how the Village determines cost-of-living raises. The PD expressed concern that they were not consulted about the newer process, they would like a raise and they would like the cost-of-living amount refigured using the previous process. Cundiff stated that he did not to use the CPI to determine the cost-of-living. Cundiff suggested that the annual increase should be based on comparable rates of the similar communities. He further suggested and Council agreed that he research and prepare comparisons. Hempfling thanked the PD for expressing their concerns. MANAGER’S REPORT Cundiff announced that the father of WWTP Supervisor Joe Bates had passed away. Council directed the Clerk to send flowers. Time Warner has petitioned the FCC regarding the 50/15 rule regarding competing providers. If approved, Time Warner would not be subject to rate regulation. Cundiff will speak with John Weithofer former Interim Village Manager and current Miami Valley Cable Council Director regarding this issue. Cundiff reported that during the recent snow event, the Village employees had performed 106 hours of overtime with a cost of $3,720.49 and used 40 tons of salt at a cost of $6,600.49. AGENDA PLANNING The next general meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Tuesday, February 17th in Council Chambers, John Bryan Community Center, 100 Dayton Street. Items for discussion on the Tuesday, February 17, 2009 ESTF Next Steps Investment Report for 2008 Village Manager-Annual Report Gaunt Park Pool Fees Review of the minutes from January 26, 2009 special meeting Verizon Site Update FUTURE AGENDA ITEMS EC re: CEMEX Letter ICMA Public Library Innovation Grant Info Travel and Training Policy-Council Resolution -Red Flag Rule/Identity Theft Prevention Program Appointment to HRC CIC/CR Economic Development Comprehensive Plan 4.1 et al Planning Commission Requests from Annual Report Economic Development/Task Force Recycle-Bryan Center HRC-Domestic Partnership Sidewalks-Rules and Regulations-Village Manager/Guidelines Electric /capacity, contracts, capital projects, equipment Green Space Legislation Blue Ribbon Finance Tree Committee Personnel Policy Manual Update Annexation Guidelines for Utility Resolution Dispute Commission Fairfield Pike/Polecat Rd. Citizen’s Petition Update Marking State Route 68 Bikeway Conservation Easement-Well Fields Parks and Recreation Master Plan EXECUTIVE SESSION No Executive Session was held. ADJOURNMENT Having no further business, Wintrow MOVED and Askeland SECONDED a MOTION to ADJOURN. The MOTION PASSED at 9:25 p.m. “The Village of Yellow Springs is committed providing reasonable accommodations for people with disabilities. The Council meeting is wheelchair accessible. Any person requiring a disability accommodation should contact the City Clerk’s Office at 767-9126 or via e-mail at dbenning (at) yso.com for more information.” VILLAGE OF YELLOW SPRINGS, OHIO RESOLUTION 2009-06 RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH GLEN HELEN ECOLOGY INSTITUTE WHEREAS, the Village of Yellow Springs is aware of the importance of Glen Helen; and WHEREAS, the Glen Helen Ecology Institute, an operating unit of Antioch University, wishes to apply for a grant from NatureWorks from the Ohio Department of Natural Resources in the amount of $29,790 to increase wheelchair access, indoor air quality and energy efficiency at the Trailside Museum in Glen Helen; and WHEREAS, application for such a grant and administration of such a grant must be done by a municipality. NOW, THEREFORE, THE COUNCIL FOR THE VILLAGE OF YELLOW SPRINGS, OHIO HEREBY RESOLVES THAT: Section 1. The Village Manager is hereby authorized to enter into the Trailside Museum Inter-Agency Agreement attached hereto as Exhibit A and to perform all of the tasks as provided for under the Agreement. Section 2. This Resolution shall go into effect immediately upon its adoption. __________________________________ Judith Hempfling, President of Council Passed: Attest: _____________________________ Deborah Benning, Clerk of Council ROLL CALL: Judith Hempfling _____ Karen Wintrow _____ Kathryn Van der Heiden _____ John Booth _____ Lori Askeland _____ TRAILSIDE MUSEUM INTER-AGENCY AGREEMENT This TRAILSIDE MUSEUM INTER-AGENCY AGREEMENT (the "Agreement") is entered into as of the _______ day of ______________, 2009, by and between the GLEN HELEN ECOLOGY INSTITUTE, an operating unit of Antioch University ("Glen Helen") and the VILLAGE OF YELLOW SPRINGS, an Ohio municipal corporation ("Village"). WHEREAS, Glen Helen operates Trailside Museum, a non-profit educational facility Deleted: the Outdoor Education Center open to the public, and located in Miami Township, Greene County at 505 Corry St., Yellow Springs, Ohio 45387 ("Trailside"); and WHEREAS, the Village recognizes Trailside as an important community resource, utilized by over 25,000 visitors per year, and conveniently located at the main entrance to Glen Helen, near downtown Yellow Springs, and adjacent to the Little Miami Bike Trail; and WHEREAS, Glen Helen desires to increase the wheelchair accessibility, indoor air quality, and energy efficiency of Trailside (the “Project”); and WHEREAS, the Ohio Department of Natural Resources (“ODNR”) has funding appropriate for this purpose through the NatureWorks Program (“NatureWorks”), totaling $29,790 in 2009; and WHEREAS, the ODNR only accepts NatureWorks applications from municipalities and other political subdivisions; and WHEREAS, the Village has determined that it is in the best interests of the citizens of the Village and the surrounding region to partner with Glen Helen for the purposes of pursuing NatureWorks funds for the Project; and WHEREAS, in order to memorialize the above described arrangement, Glen Helen and the Village desire to set forth their agreement in writing. NOW THEREFORE, in consideration of the recitals set forth above, the mutual covenants and agreements set forth below, and for other good and valuable consideration to be derived by the parties from the execution of this Agreement, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. REPRESENTATIONS AND WARRANTIES OF THE VILLAGE. The Village hereby represents and warrants to and for the benefit of Glen Helen that: (a) the Village will apply for 2009 NatureWorks funding on behalf of Glen Helen on or before the March 1, 2009 deadline; and (b) if NatureWorks funding is approved by the ODNR, the Village will direct these funds to Glen Helen in accordance with the requirements of the grant. 2. REPRESENTATIONS AND WARRANTIES OF GLEN HELEN. Glen Helen hereby represents and warrants to and for the benefit of the Village that: (a) all work for the Project shall be completed in a workman-like manner by competent professionals possessing the necessary skill and experience to properly complete such installation; (b) Glen Helen has obtained, or will obtain, all required environmental and other permits required for the Project; and (c) all aspects of the Project shall, at the time of completion, conform with all applicable State, federal and/or local laws, rules, regulations, codes, ordinances and/or resolutions. (d) Glen Helen will document all expenditures for the Project, for purposes of reimbursement from the Natureworks funds. 3. DESIGN AND INSTALLATION. (a) Glen Helen shall be responsible for all aspects of designing and installing the Project that will provide new water service to Trailside, wastewater line from Trailside, fully ADA compliant bathroom within Trailside, new furnace, high performance windows, and related improvements. Plans for the Project shall be provided to the Village for review and comment before being submitted to Greene County for building permits. 4. COSTS. (a) Glen Helen hereby agrees to bear the entire up-front costs for design, permitting and construction of the Project. Glen Helen will submit documentation of expenditures to the Village for the purposes of reimbursement through NatureWorks. (b) Glen Helen hereby agrees to bear all costs for the Project beyond the portion covered by NatureWorks. 5. MAINTENANCE. (a) Glen Helen shall be responsible for maintaining all components of the Project in fully functional condition at no cost to the Village. 6. TERM OF AGREEMENT. (a) This agreement shall terminate only upon agreement of the parties hereto, or (b) in the event that the Village application for 2009 NatureWorks funding is declined. 7. MISCELLANEOUS. (a) Notices. Unless otherwise agreed, all notices and other communications required to be given hereunder shall be in writing and shall be deemed to have been duly given when delivered by hand, by facsimile transmission (with receipt confirmed, which confirmation may be mechanical) or one day after being sent by nationally recognized overnight courier, freight prepaid, addressed as follows (or at such other address for which notice is given in the manner provided herein): If to Glen Helen: 405 Corry Street Yellow Springs, Ohio 45387 Attn: Executive Director Fax: (937) 769-1910 If to the Village: Village of Yellow Springs Bryan Community Center 100 Dayton Street Yellow Springs, Ohio 45738 Attn: Village Manager Fax: (937) 767-9281 (b) Entire Agreement. This Agreement, including any exhibits, schedules, or other attachments hereto, constitutes the entire agreement among the parties hereto and supersedes all prior agreements and understandings, oral or written, among the parties hereto with respect to the subject matter hereof. (c) Assignments Successors, and No "Third Party” Rights. No party to this Agreement may assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other parties. Nothing expressed or referred to in the Agreement will be construed to give any person other than the parties to this Agreement any legal or equitable right, remedy or claim under or with respect to this Agreement or any provision of this Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to this paragraph. (d) Binding Effect. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective permitted successors, assigns and transferees. (e) Time Of Essence. With regard to all dates and time periods set forth or referred to in this Agreement, time is of the essence. (f) Headings; Construction; Exhibits. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning hereof. The use of singular or plural form in this Agreement shall include the other form, and the use of a masculine, feminine or neuter gender shall include all other genders. The Exhibits attached hereto are incorporated by reference herein in their entirety and shall constitute a part of this Agreement for all proposes. (g) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts of law doctrine. (h) Severability/Deemed Amendment. In the event that any provision of this Agreement is found invalid or unenforceable pursuant to a judicial decree or decision of a court of competent jurisdiction, the remaining provisions of this Agreement shall remain valid and enforceable according to their terms. (i) Execution of Agreement/Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original copy of this Agreement, but all of which together shall constitute one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile transmission shall constitute effective execution and delivery of this Agreement as to the parties, and may be used in lieu of the original Agreement for all purposes. (j) Waiver, Remedies, Cumulative. No consent or waiver, express or implied, by any party hereto or of any breach or default in the performance by the other party of such other party's obligations hereunder shall be deemed or construed to be a consent to or waiver of any other breach or default in the performance by such other party of the same or any other obligations hereunder. The giving of consent or a waiver by any party hereto in any one instance shall not limit or waive the necessity to obtain such party's consent or waiver in any future instance. The rights and remedies of the parties to this Agreement are cumulative and not alternative. (k) Amendment. No provision in this Agreement shall be amended, modified, waived, changed, terminated, or rescinded, except by a writing signed by an authorized official of each party hereto. (l) Further Assurances. Each party agrees to execute and deliver, or cause to be executed and delivered, all such other instruments, certificates, and documents, and to take all such other actions necessary to consummate the transactions contemplated hereby. (m) Effective Date. This agreement shall become effective when authorized by Resolution of Village Council and signed by both parties. (n) Indemnification. Glen Helen hereby agrees to indemnify and held harmless the Village from any and all claims, causes of action, accidents, losses, injuries or other matters arising from this Agreement (“Claims”) whether direct, indirect or consequential. Glen Helen acknowledges that the Village is accepting significant administrative burdens by entering into this Agreement and agrees that full indemnification of the Village as stated above shall be provided unless the Village is shown to have exhibited gross negligence in the matter relating to the Claims. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE TO FOLLOW] VILLAGE OF YELLOW SPRINGS, OHIO RESOLUTION 2009-07 RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO FILE A NATURE WORKS GRANT APPLICATION AND AGREEING TO OBLIGATE THE NECESSARY FUNDS TO COMPLETE THE PROJECT WHEREAS, the State of Ohio through the Ohio Department of Natural Resources, administers financial assistance for public recreation purposes, through the State of Ohio Nature Works Program, and WHEREAS, the Village of Yellow Springs, to assist the Glen Helen Ecology Institute, desires financial assistance under the Nature Works Program. NOW, THEREFORE, THE COUNCIL FOR THE VILLAGE OF YELLOW SPRINGS, OHIO HEREBY RESOLVES THAT: Section 1. That the Village of Yellow Springs, on behalf of the Glen Helen Ecology Institute, approves filing an application for financial assistance. Section 2. That the Village Manager is hereby authorized and directed to execute and file an application with the Ohio Department of Natural Resources and to provide all information and documentation required to become eligible for possible funding assistance. Section 3. That the Village of Yellow Springs, through written agreement with the Glen Helen Ecology Institute, does agree to obligate the funds required to satisfactorily complete the proposed project and become eligible for reimbursement under the terms of the Nature Works Program. Section 4. This Resolution shall go into effect immediately upon its adoption. _________________________________ Judith Hempfling, President of Council Passed: Attest: ________________________________ Deborah Benning, Clerk of Council ROLL CALL: Judith Hempfling _____ Kathryn Van der Heiden _____ John Booth _____ Karen Wintrow _____ Lori Askeland _____ 2008 Annual Report Village of Yellow Springs, Ohio 2008 was a year of transition for the Village of Yellow Springs. The Village had three different Village Managers at the helm during 2008, but neither this transition in the Manager’s Office nor being hit by a hurricane, deterred the Village from making significant progress towards the following goals: • Inspected, cleaned and videotaped Wells #3, #4 and #5. • Instilled Electrical Panel at Well Field for back-up generator • Changed testing laboratories, thus saving $6,000/year • Well-field tree trimming • Began Water & Sewer Rate Study • WWTP Clarifier Parallel Sludge Return Line Design Bidding and Contract Award • Preliminary design of WWTP Improvements (overflow basin et al.) • Glen Helen Sanitary Sewer Force Main Project • Moving and servicing of Vernay Generator to prepare it for Village use • Install new generator box on Influent screen at WWTP • Cleaned out center wells of both clarifiers at WWTP • Install new gear box and motor on East Clarifier at WWTP • Fixed underground air leak and moved air line above ground at WWTP • Major maintenance and repair to Lift Station generator (first since 1991) • Cleaned out Lift Station with Vac-truck • Installed new Mechanical Seal in 20hp pump at Lift Station • Oversaw removal of cabooses • Bid out tree trimming/line claim • Scanned electric, system to detect potential faults on insulators, bushings, transformers and equipment • Painted approximately ¾ of fire hydrants • Installed new transformer at Bryan Center • Contracted with leak detection company to locate water main break and also check entire water distribution system for possible problems • Village employees Brad Ault, Jane Richardson and Jason Hamby successfully earned licenses/certifications in their respective fields • Repaired 10 EMERGENCY water main breaks • Repaired 20 EMERGENCY electrical lines (63% decrease from ’07 due to maintenance such as tree trimming & wildlife guards placed on transformers) • Responded to 166 service & locate requests (OUPS). • Post Hurricane Ike response and clean-up • Repaired streets (Livermore, Center College, Whiteman, Davis, Walnut, High, Winter) • Comprehensive Plan Updated progressed • Development and issuance of Visioning/Planning RFP • Selection of Consultant for design of improvements at CBE • Rebuilt the two catch basins in the double curve on Corry St. and repaired the curb in the area to prepare for the new paving. • Repaired the storm line on Corry St. where the paving is to start and replaced two long sections of curb in the same area one 13 foot and the other 23 feet. • Prepared the parking lots at Gaunt Park and the Bryan Center for chip and seal. • Rebuilt catch basin across from Mills Lawn School and a section of curb to prepare for new pavement. • Raised the catch basin on Winter St. near Elm St. to prepare for new pavement. • Cleaned gravel off the curb and gutter plate on Whiteman St. where, the pavement doesn’t go all the way to the curb to prepare for the new pavement also did a spot on Phillips St. and one on W. C. College St. • Installed 100 feet of 10 inch storm sewer and a catch basin on Paxson Dr. and replaced the pavement there and repaired a low spot in the pavement at the head of the cul-de-sac. • Installed 300 feet of Storm Sewer on Ridgecrest with two catch basins and replaced the street crossing at Fairfield Pike • Installed 250 feet of storm sewer on S. High St. from the corner of Dayton St. to the south and installed a catch basin. • Installed 100 feet of storm sewer near the alley east of S. Stafford St. • Replaced two large sections of the concrete deck at the pool and installed the handicap lift and the E-Z Ladder. We also made repairs to the roof and some fascia and spouting on the buildings. • Cut the floor and removed the concrete in the women’s restroom at the pool for AC Service to install a mop sink. • Replaced catch basin at the corner of Glen St. and Corry St. • Installed a french drain at the library where the roof drain comes down the north side of the building also had the rear entrance stairs and railings replaced and reconfigured and a new door and frame installed also, installed the web based HVAC controls. • Installed a catch basin and 300 feet of 10 inch storm sewer and street crossing on Cemetery Street near Fairfield Pike. • Extensive brush clean up after September storm which lasted for over a month, chipping brush, hauling large logs, and other debris with backhoe and dump trucks. • We had the Train Station exterior painted. • Repaired pavement at locations where we had water leaks. • Repaired pavement at the intersection of Kahoe Ln. and Southgate Dr. where we had potholes caused by water not getting to the catch basins there. • Had the work at the pool started for repairing and repainting and separating the filtering of the baby pool from the main pool. • Work at the Bryan Center on the web based HVAC controls. In conclusion, 2008 was a very busy year for the Village of Yellow Springs. The Village Staff looks forward to another year of providing high quality service to the citizens of the Village of Yellow Springs. To Council: Note that I have used my judgment as to where there is broad agreement, and what we may need/decide to discuss. If you do not agree with my assessment, don’t hesitate to clarify or correct. Unfortunately, I kind of ran low on time today, so the last section, on energy, is probably the least organized. Thanks to Kathryn for laying out the groundwork. LIST OF MAJOR PROJECTS TO BE CONTINUED./ COMPLETED THIS YEAR: • Visioning / Planning Process Oversight and Participation • 2009 Budget preparation and Monitoring • WWTP Clarifier Parallel Sludge Return Line Project • WWTP Improvements (Overflow Basin and others) • Morris Bean Sanitary Sewer Force Main • Glen Helen Sanitary Sewer Force Main • Water/Sewer Rate Study • Friends Care Senior Apartment PUD Final Approval • Center for Business and Education Utility Extensions, Roadway Design, Bus. Park Design. • Comprehensive Plan Update ESTABLISH A PLAN THAT IMPROVES THE ECONOMIC CONDITION OF THE COMMUNITY Items that seem to have broad agreement or which have already been approved: • Bring together key constituents, which may include representatives from Community Resources, villagers interested in economic localization (Michael Shuman’s lecture), Miami Township, the Greene County CIC, Chamber of Commerce, AC, AUM, the school system, Council for [at least two?] dialogues about Economic Development. o to improve communication, transparency of process, and o to help us determine a good way forward for using the economic development levy monies. • Hold other public discussion regarding economic development, particularly as part of the Visioning process. • Have on-going communication with AC, AUM, AU,the school system, etc. to see where our mutual plans for development interface, connect. • Continue to support Business First retention and expansion efforts. Items (possibly) to be discussed: • Establish an Economic Task Force to work on hiring an Economic Development Staff person. • Re-establish (and/or re-vamp) the Revolving loan fund • Research the availability of, and possibly apply for, State and federal money for ED • Some ideas for business development in the community of in conjunction with AC, AUM, AU and/or community entrepreneurs have so far included: o Business Incubator o Local food o Policy on hiring/purchasing locally o ESTF ideas o Grant program for start-ups around energy issues o Economic Sustainability o Support local food growers o Expand Farmer's Market o Youth Mentorships DEVELOP A VISION FOR COMPREHENSIVE LAND USE Broad agreement?: • Complete CBE improvements, assist with efforts to find tenants when complete • FCC PUD Projects • Complete update of comprehensive plan by April • Visioning and Planning process with a primary goal a revised zoning code • Complete next phases of Northern Gateway project per MVRPC funding schedule • Walkability/bikeability improvements: o Safe Routes to School; o improvements to sidewalks between Friends Care Campus and downtown, with ADA compliant crosswalks; o clarify our plan for overall sidewalk improvement. • Support green space fund in a way that fits with Village’s priorities (exact amount needs discussion) To be discussed: • Coordinate the development of way-finding signs for the business district with the Chamber of Commerce and Green County Parks • Support the Planning Commission’s goal to inventory our historical properties and possibly develop a process for property owners to go through before they tear down any historical structure. • Look at, revise if necessary and make plan to enforce Property neglect statutes • Identify and inventory available land for development in town • Revise/increase zoning for mixed use in town • Revise building codes • Work with community groups on plans for development/marketing of the now empty Vernay property BE A WELCOMING COMMUNITY OF OPPORTUNITY FOR PEOPLE OF DIVERSE RACE, CULTURE AND INCOME Broad agreement?: • Include budget for HRC (exact amount needs to be discussed) • Task legal counsel to work with HRC’s initial research on the issues below (ask for more information if necessary), and report to us on the feasibility of: o Creating a hate-crime ordinance o Creating a Domestic partnership registry o Modifying anti-discrimination policy to include transgender people. • Promote dialogue with Youth Council, particularly around safe places for youth • Create a “grandmother” clause for the pool • See also sidewalk improvements, ADA compliant curb cuts (included under land use) To be discussed: • Civil union plan for Village employees (domestic partner benefits) if allowed by law • HUD home program • Skate park improvements and • Increase other recreation opportunities, • Teen stage/gazebo DEEPEN DEMOCRATIC DECISION-MAKING PROCESSES WITH ACTIVE CITIZEN PARTICIPATION AND EFFECTIVE REPRESENTATIVE GOVERNANCE. Areas of broad agreement?: • Council members agree to disagree and strive to act in a professional, non-aggressive manner • Use Visioning Process • Reach out to under-represented citizens • Improve Village website: make archives up-to-date & complete for past 6 months • Keep minutes updated to include at least the last full year. • Examine Village policy regarding website links To be discussed: • Village blog site/community board • Community meetings( this might fit under the visioning process in 2009-2010) • Defining roles of boards, commissions and committees to Village Council( village council and commissions retreat) • Use 5th Mondays to set meetings with Miami Township Trustees and YS School Board • Emergency communications system – neighborhood capts • Village-wide wireless internet STRENGTHEN THE VILLAGE AS AN EXCELLENT EMPLOYER AND PROVIDER OF SERVICES WITHIN A RESPONSIBLE FISCAL FRAMEWORK. Broad agreement?: • Continue all projects (as listed at top of page), including: Visioning Planning process to completion, 2009 budget, WWTP progress, Sewer projects, Water-Sewer rate study, Barr property PUD, CBE progress, Comp plan • Create readable budget documents that clearly reflect Council goals, delineate use of levy funds, and are understandable to non-experts • Power contracts: renew existing ones where possible and work with AMP-OH to explore options to replace them • Encourage Village Manager to use his expertise to improve our HR policies and to provide staffing levels that are adequate but fiscally responsible. • By June, set up a committee to work towards assessing the current levy’s use/effectiveness in order to establish guidelines for potential renewal (“Blue Ribbon” finance committee possibly as a part of this?) • Review ESTF report and determine plan for improving electrical distribution to all rate payers. To be discussed: • Develop a 5-year capital improvement plan • "Blue Ribbon" finance committee • Review staff vs. consultant cost effectiveness • Increase/attend to the diversity of subcontractors • Revisit plan/budget schedule: get it done earlier? • Neighborhood emergency network TO DEVELOP A COMPREHENSIVE POLICY THAT ADDRESSES GLOBAL WARMING AND SEEKS TO REDUCE THE CARBON FOOTPRINT OF OUR COMMUNITY Broad agreement?: • Continue work with AMP-Ohio on o renewable options and o baseload coverage and o energy conservation programs • Continue review of ESTF Phase II report, and the exploration of a potential new Energy Task Force (much still to be discussed here, especially regarding funding recommendations, but there seems to be broad agreement to not let it simply drop) • See also recommendation regarding Green Space (under land use) Items to be discussed: • Consider lower-emissions/energy efficient vehicles for village • Catalog of local resources for related services for conservation (audits, insulation, retrofiting etc.) • Set agenda for task force or environmental commission to research: • -Feasibility of local generation from renewable sources • -Policy on purchasing for energy-efficiency • -Lighting: look into Amp-OH's programs for bulk buying and recycling of energy saving light bulbs. • -Task EC to continue research on air pollution • -Task EC to coordinate with other community venues for Energy "fair" around Earth Day • -Task EC or staff to begin researching and proposing legislation regarding "No idling" • -Task EC to research policies in other communities regarding clean water, air, etc. • -Task EC and /or HRC to appoint subcommittee to work on Cooperative list-serve for sharing resources and defining data base for emergency neighborhood support. • look at possibility of instituting energy conservation in fee structure of electric system • Taskforce on Village facilities • Decide whether to pay for expert advice on renewable policy options • Zoning for solar/wind power use/generation in village • Energy Conservation • Next steps: o Develop feasibility of alternative energy sources o Work to increase % of energy purchased from renewable sources o Street Lights...what is cost for changing to more efficient options of lighting? o CFL's...bulk buying and recycling? o Re-signing Green Energy Program o Change utility rate system to reward conservation o Put conservation ideas on website o Publish amount of electric, water consumed MEMORANDUM DATE: February 11, 2009 TO: Yellow Springs Village Council FROM: Mark Cundiff, Village Manager SUBJECT: Cell Tower Location Options As you are aware, I met with Ron Hertlein and Doug Bartsch (representing Verizon) back in early January. Police Chief John Grote and Planning Assistant Ed Amrhein were also in attendance. We discussed what had occurred in previous discussions with the Village prior to my arrival at Yellow Springs. I explained that Village Council was very clear in not wanting the tower located immediately to the northeast of the Bryan Center as proposed by the previous Village Manager, but the Council did not rule out the use of Village property as the site for the tower. I asked if co‐location on either of the existing towers at Sutton Farm or the Pitstick Farm would work. They indicated that both towers were too far away from the targeted area (downtown) and that the Sutton Farm tower could not accommodate any additional cell antennas. I asked if placing the antenna on one of our water towers would work. They felt that those towers also were too far away and possibly not of sufficient height. Seeing how no existing tower would fit their needs, we begin to discuss other sites. Four other possible sites were identified, and we made site visits to each. Please find a map attached depicting the possible site locations. Alternative #1: As a flag pole near the southwest corner of the Bryan Center. This alternative was discussed with the previous Village Manager, but I was not sure if Village Council was also part of this discussion. This tower would be designed as a flag pole (complete with flag) and the support equipment would be housed inside the Bryan Center rather in a stand‐alone building. This would allow the Village to receive rent for the use of the Bryan Center space in addition to the lease of the land. This would place the tower the closest to the downtown and likely eliminate any need for future towers to serve the downtown area. However, this would be a fairly tall flag pole and would be in the most visible spot. It is not known if the tower would need a zoning variance as it would depend upon the height of the tower. Alternative #2: On the same site as the Village Pump Station on the east side of Xenia Avenue. This alternative would require the removal of trees to accommodate the tower and support building. Additionally, this location is much lower than the others and it was unknown if a tower would work very well at this location. The tower would not meet zoning setbacks and would need a variance. Alternative #3 : Along the south side of Cemetery Street. The location of the tower and the support building could be integrated into the design of the bike path parking area of the Northern Gateway project. This location is a bit further away from the downtown than Verizon’s representatives would like which could necessitate another tower somewhere in order to fully cover the downtown area. Additionally, this site it appears to be a bit lower than the sites nearer to the Bryan Center. There also are residential units across the street that would be impacted and it is likely that the tower would not meet zoning setbacks and would need a variance to be installed. Alternative #4: Behind (north) of the Bryan Center adjacent the skate park. This location would require the relocation of a swing set and the construction of an access drive to the support building. However, Village crews could use this drive to access the manholes and underground utilities that run along the creek. No variances would be needed at this site. This site is slightly further away from the downtown that some other alternatives. I hope this information is useful to you. I look forward to further discussion this matter with you at the Council meeting. MSC/mc attachment MEMORANDUM DATE: February 6, 2009 TO: Yellow Springs Village Council FROM: Mark Cundiff, Village Manager SUBJECT: Information on Levy and Survey of Other Community’s GF Fund Balance Goal At last Tuesday’s Budget Review Session, questions arose as to what commitments were made during the campaign to pass the Property Tax Levy as to where this additional revenue would be spent. While I was unable to find any “official” Council action such as a resolution, I did find a copy of some materials that were sent to our residents. This information is attached. Additionally, I mentioned a survey of Ohio communities as to what was their targeted fund balance for the General Fund. I have also attached a copy of these survey results for your information. I hope that this information is helpful. It might be helpful to have further discussion on each of these items at our next budget review. Should you have any questions, please do not hesitate to contact me. VISIONING/PLANNING TASK FORCE PROPOSAL EVALUATION REPORT To YELLOW SPRINGS VILLAGE COUNCIL And MIAMI TOWNSHIP TRUSTEES February 12, 2009 Executive Summary The Task Force received 27 proposals from its request for proposals for a community visioning/action planning process. A sub‐group of the Task Force reviewed all the proposals, culling those they did not think were strong and selecting six proposals for further consideration. The whole Task Force reviewed these six proposals. Different members called their references and reported on these. A ranking of these six showed that two proposals had significantly more support than the others. The proposals that most Task Force members felt were the strongest were those from ACP – a large firm with a branch in Columbus, Ohio and the Regenesis/KKG collaboration. Regenesis is located in New Mexico and KKG is located in Columbus, Ohio. ACP and the collaborative of Regenesis and KKG received almost equally high rankings, with ACP receiving a total of 11 votes for first and second place compared to nine votes for Regenesis/KKG. The Task Force wanted to include more than two potential candidates, therefore two additional proposals were included that demonstrated strengths. These are the proposals from Bird Houk/42 Fish, two Ohio firms that are collaborating, and Studio Three, an Indiana firm. It should be noted that these proposals were ranked considerably lower than the first two by most Task Force members. ACP has a national presence with several branches across the country, one of which is in Columbus. Task Force members were impressed with the firm’s long history of visioning work in a variety of types of communities. References who were contacted rated them very high across the board. Most Task Force members felt ACP was strong on all the criteria we had identified. It was felt that their experience in college towns and across jurisdictions would be a good fit for Yellow Springs and Miami Township. The compelling feature of Regenesis is its unique process called “the story of place.” Task Force members who favored Regenesis felt that this process has the capacity to reach deeply into the community and draw out groups that tend not to participate in public processes. They also felt that the process would provide a compelling vehicle from which to develop a vision and action plan. While Regenesis is based in New Mexico, its partnership with KKG would enable it to have a more local and accessible presence to help with implementation. Bird Houk, working with 42 Fish, are Ohio firms. Bird Houk has had experience working with townships and several Task Force members felt its collaboration with 42 Fish – a marketing firm – produced a strong proposal. Staff of Bird Houk had visited Yellow Springs and developed a strong narrative description of the village and township. Studio Three is an Indiana firm that has a strong commitment to small towns and an understanding of the importance of sustainability. Task Force members who favored this firm felt they would make a good fit with Yellow Springs. Visioning/Planning Task Force Report Page 2 of 23 February 12, 2009 Task Force Report Background: The Visioning/Planning Task Force received 27 Proposals on January 9, 2009 in response to the Request For Proposal (RFP) issued by the village on November 28, 2008. A list of proposers is at Attachment 1. At our meeting of January 10, we decided to form a smaller group to review the proposals and identify the strongest for evaluation by the entire Task Force. The small group included Matt Reed, Byron Hart Arnett, Ed Amrhein, Ted Donnell, Mark Cundiff, Len Kramer, Dimi Reber, and Pat Murphy. Identification of SemiFinalists: The small group met twice, January 15 and 19, and was able to reduce the 27 proposals to 6 “semi‐finalists”. The small group process included a straw poll of the members where each identified those they felt should be evaluated by the entire task force. The results disclosed a good deal of agreement on the strongest proposals. The small group agreed not to address or forward any proposal receiving 0 votes and then discussed the strengths of each proposal that received 1, 2, 3, or 4 votes. After extensive discussion, the small group unanimously identified six proposals as semi‐ finalists: • ACP Visioning + Planning • Bird Houk Collaborative • Lincoln Street Studio • Olsson Associates • Regenesis/Kinzelman Kline Gossman (KKG) • Studio 3 The Task force met on January 19 and accepted the small group’s recommendations. At the meeting, members of the Task Force volunteered to call references for each of the six finalists provide in the proposals. Callers used a questionnaire developed for the calls (attachment 2). Evaluation of Finalists: The entire Task Force evaluated the six proposals. Task Force members, ex‐officio members and community members all participated in the evaluation. We used a worksheet that took the five areas described as criteria in the RFP and related the nine criteria in the Task Force charge to those areas. A copy of the worksheet is at attachment 3. Task Force members read the proposals and recorded strengths and weaknesses for each criteria area for each of the six proposals. Visioning/Planning Task Force Report Page 3 of 23 February 12, 2009 The Task Force met on January 24 and 31 to discuss the six proposals. We did an initial straw poll of attendees, including input provided by members who couldn’t attend. Task Force members voted for which of the six they thought were the best to be recommended as finalists to Council and Trustees. Members voted for between two and four semifinalists. Once again, there was a good deal of agreement. Task Force members then reported on the reference calls made. A summary of the information for each finalist is at attachment 4. The Task Force then discussed strengths and weaknesses of each proposal, including the reference information. After much discussion on January 24 and 31, the Task Force unanimously agreed to forward recommendations for four finalists to Council and Trustees: • ACP Visioning+Planning • Bird Houck Collaborative • Regenesis/KKG • Studio 3 The Task Force believes this group includes the strongest proposals received. These finalists provide different capabilities and approaches. The Task Force documented strengths, weaknesses and concerns for each of the four. Concerns are areas where further information, obtained during interviews, would clarify the proposal. The strengths, weaknesses and concerns are organized by the five RFP criteria for each recommended finalist at attachment 5. Lastly, the task Force conducted a ranking poll to provide Council and Trustees information about the overall results of our review. Task Force members ranked the four finalists in order of preference. A weighted score was then computed: Bird Houk/42 Regenesis/ ACP Studio 3 Fish KKG Byron 2 1 4 3 Dimi 1 4 2 3 Fred 2 4 1 3 Gina 1 4 2 3 Len 1 3 2 4 Marianne 2 3 1 4 Matt 1 3 2 4 Pat 1 3 2 4 Ted 2 3 1 4 Ed 2 1 3 4 Mark 1 4 2 3 # Ranked 1 6 2 3 0 # Ranked 2 5 0 6 0 # Ranked 3 0 5 1 5 # Ranked 4 0 4 1 6 Weighted 16 33 22 39 Score Visioning/Planning Task Force Report Page 4 of 23 February 12, 2009 ATTACHMENTS Attachment Attachment Page Number 1 Visioning/Planning RFP Proposals Received 6 2 Reference Questionnaire 9 3 Evaluation Worksheet 10 4 Reference Call Summary 12 5 Finalist Strengths, Weaknesses and Concerns ACP Planning+Visioning 15 Bird Houk Collaborative 17 Regenesis/KKG 19 Studio 3 21 Visioning/Planning Task Force Report Page 5 of 23 February 12, 2009 Attachment 1 Visioning/Planning RFP Proposals Received As of 01/09/09 ACP Visioning+Planning Lincoln Street Studio 1269 Grandview Avenue 45 East Lincoln Street Columbus, Ohio 43212 Columbus, Ohio 43215‐1515 614‐586‐1500 614‐461‐1144 Jamie Greene, AIA AICP Frank Elmer, FAIA, FAICP Principal Principal jgreene@acp‐planning.com email@example.com www.lincolnstreet.com American Structurepoint, Inc. Marilyn Hyland Agency 7260 Shadeland Station 7100 Drake Road Indianapolis, Indiana 46256 Cincinnati, Ohio 45243 317‐547‐5580 513‐284‐4192 Shane Burkhardt, AICP Marilyn Hyland Director of Planning Services Principal MarilynHyland@gmail.com Bird Houk Collaborative Mead & Hunt 600 Creekside Plaza 2605 Port Lansing Road Gahanna, Ohio 43230 Lansing, Michigan 48906 614‐418‐0600 517‐321‐8334 Jim Houk, AICP, ASLA Doug Christensen, PE www.bird‐houk.com Brian Hollars, AIA Project Manager Doug.Christensen@meadhunt.com www.meadhunt.com Carmel Advisors, LLC Meisner + Associates PO Box 2318 2043 Madison Road Windermere, Florida 34786 Cincinnati, Ohio 45208 407‐346‐7974 513‐321‐2796 Jon Anthony DeLuzio, AICP Gary W. Meisner, FASLA President Partner firstname.lastname@example.org Economic Stewardship, IIInc. MSI Design 26 West Pine Street 462 South Ludlow Alley Sturgeon Bay, Wisconsin 54235 Columbus, Ohio 43215 920‐743‐2010 614‐621‐2796 Elaine Van S. Carmichael, AICP Richard Espe, LEED AP, ASLA President Principal www.economicstewardship.com www.msidesign.com Visioning/Planning Task Force Report Page 6 of 23 February 12, 2009 Glatting Jackson Kercher Anglin Olsson Associates 120 North Orange Avenue 1111 Lincoln Mall, Suite 111 Orlando, Florida 32801 PO Box 84608 407‐843‐6552 Lincoln, Nebraska 68501‐4608 Dan Burden 402‐474‐6311 Principal‐In‐Charge Nick Bowden www.glatting.com Project Manager www.oaconsulting.com Houseal Lavigne Associates Pace & Partners, Inc. 114 East Van Buren Avenue 1223 Turner Street, Suite 101 Naperville, Illinois 60540 Lansing, Michigan 48906 630‐305‐0036 517‐267‐9800 John Houseal, AICP Deborah Hoak Principal Principal/Vice President email@example.com firstname.lastname@example.org www.hlplanning.com www.paceandpartners.com Jacobs Poggemeyer Design Group, Inc. 1880 Waycross Road 1168 North Main Street Cincinnati, Ohio 4524 Bowling Green, Ohio 43402 513‐595‐7500 419‐352‐7537 Della G. Rucker, AICP Paul Z. Tecpanecatl, AICP Senior Planner Principal Owner Della.email@example.com www.poggemeyer.com Jacobsen Daniels Associates, LLC Project Innovations, Inc. 121 Pearl Street 22000 Springbrook Avenue, Suite 106 Ypsilanti, Michigan 48197 Farmington Hills, Michigan 48336 734‐961‐3200 248‐476‐7577 Bradley Jacobsen Charles Fleetham CFO/Managing Partner President www.jacobsendaniels.com Charlie@projectinnovations.com James Kent Associates Stantec Consulting Services, Inc. PO Box 3493 130 south Main Street, Suite 302 Ashland, Oregon 97520 Bowling Green, Ohio 43402 541‐601‐4797 419‐353‐7372 Kevin Preister Glenn Grisdale, AICP, GISP Senior Associate Project Manager firstname.lastname@example.org www.stantec.com email@example.com Kinzelman Kline Gossman/ Regenesis Studio Three, LLC Group 125 East Charles Street, Suite 116 444 South Front Street Muncie, Indiana 43705 Columbus, Ohio 43215 765‐749‐7110 614‐224‐6601 Brian Hollars, AIA Brian P. Kinzelman, ASLA, AICP firstname.lastname@example.org Principal www.thestudiothree.com email@example.com www.kkgstudios.com Visioning/Planning Task Force Report Page 7 of 23 February 12, 2009 Kleingers & Associates The Edge Group 6305 Centre Park Drive 1400 Goodale Boulevard West Chester, Ohio 45069 Columbus, Ohio 513‐779‐7851 614‐486‐3343 Jay Stewart, Esq, AICP Tedd N. Hardesty, ASLA, LEED AP firstname.lastname@example.org Principal email@example.com Land Vision, Inc. The Morehouse Institute 500 North Michigan Avenue, Suite 910 5537Forest Green Chicago, Illinois 60611 Toledo, Ohio 43615 312‐245‐2735 419‐867‐8201 Ronald E. Lanz, AICP Keith Morehouse Principalrlanz@landvision.com firstname.lastname@example.org Urban Advisors, Ltd. 1211 NW Glisan Street, Suite 204 Portland, Oregon 97209 503‐248‐4030 Edward Starkie, Principal email@example.com Visioning/Planning Task Force Report Page 8 of 23 February 12, 2009 Attachment 2 Reference Questionnaire Candidate: _________________ Date: ____________ Reference: ____________________ Description: The Village of Yellow Springs and Miami Township are evaluating consultant proposals to conduct a communitywide visioning process. Consultants will work with community members, village, township, and school district officials, businesses, and other community organizations to prepare a Vision Statement and a Vision Action Plan. ________ identified your community in describing their qualifications for this work. Can you tell me about your community’s experience with ___________? What challenges did ____________ face and how were they overcome?? Can you tell me about ________ success in helping the community reach a vision and develop a plan? How did ________ organize meaningful community participation in developing an implementable plan? Can you tell me about _________ ability to communicate with the community and keep the community aware of their progress? What specific expertise did _____ bring to your community that helped the process be successful? What difference did the process make to your community? After 1 year, 5 years? Are there other people or groups you would suggest we talk with? Visioning/Planning Task Force Report Page 9 of 23 February 12, 2009 Attachment 3 Evaluation Worksheet Proposer: ______________ Date: ____________ Evaluator: _____________ Understanding: The proposal reflects a clear understanding of the nature and objectives of the visioning/planning project and the kinds of services needed to prepare the Vision Statement and the Vision Action Statement. a. Help us develop a unifying vision that can be used to guide planning efforts. b. Articulate clearly how we can move from visioning to implementation and what part of the process they can assist in (it may be that different groups help us with different phases of the process ‐ each group should have clear, actionable goals). c. Address sustainability in their framing of the issues and demonstrate understanding of the linkages between economic, ecological and social issues. d. Work from a knowledge base that includes our history as a town and an ecological niche and with understanding of the central role that Antioch and Glen Helen have played in shaping the town and its culture. Strengths & Weaknesses: Consultant team qualifications: The consultant team has the experience, professional skills and resources needed to provide the services needed to complete the project successfully and on schedule. Professional references may also provide strong indication of the firm’s capabilities. a. Demonstrate expertise and success in working with a variety of communities that reflect highly diverse cultures and situations and why their approach could work well here. b. Provide design expertise that can very literally help us see a variety of options and be able to visually imagine the consequences of our choices. Strengths & Weaknesses: Visioning/Planning Task Force Report Page 10 of 23 February 12, 2009 Approach: The proposed plan demonstrates an approach that incorporates an effective and clear decision‐making process, links all aspects of the scope of work, successfully integrates technical and public involvement activities, offers creative ideas for public involvement, and for cost efficiencies. a. Develop a process that engages broad and deep participation in the community ‐ this goes beyond "key stakeholders" to all segments of the community and includes positive outreach to those who do not spontaneously join the process. b. Create an agenda that is adaptable to the needs of the community in terms of the shape and content of the process. c. Help us develop a vision and plans that are related to surrounding communities and provide the possibility of cooperative action. Strengths & Weaknesses: Budget: The proposed budget comes in at or below the maximum limit ($75,000). Any additional tasks proposed for consideration are reasonable in terms of cost and hours. Strengths & Weaknesses: Clarity: The proposal is presented in a professional and understandable form. It must be clear, and responsive to the requirements of this RFP. Strengths & Weaknesses: Visioning/Planning Task Force Report Page 11 of 23 February 12, 2009 Attachment 4 Reference Call Summary Pat Murphy called references for ACP. These included calls to representatives from Oxford, OH (home of Miami U.); Franklin, TN (suburb of Nashville); Upper Arlington, Amherst, MA Strengths: great at helping assist public to develop and gather ideas; help to attract a diverse population and work well with diversity and conflict; brought in an outside economic consultant when needed; helped with the adoption of a plan; “played the role of honest broker” not taking sides on issues but helping each group express their concerns/desires and get them met collaboratively (for example with the pro‐growth and no‐growth constituencies); a pleasure to work with; good job of training volunteer facilitators (mentioned twice); strong public meeting process (mentioned twice); people felt heard; they documented stuff; strong on graphics but more focused on public process; very exciting; helped a community that didn’t know where to begin get started; high integrity; their assistance was “absolutely critical for one community’s progress; institutionalized how the plan could move forward; helped with publicity Ed Amrhein called references for Bird Houck. These included Gahanna (NE of Columbus), Jerome Township (between Dublin and Marysville, OH), Plain Township (between Columbus and New Albany). Strengths: very good over all and they have been rehired for additional work (where they are located in Gahanna), the town “changed the playing field” during the process and the consultants adapted well to the change; have a diverse skill set; good at gathering information for themselves so they know the community; good at running public meetings; good feedback presentation after public meetings; helped with a Comprehensive Plan in a place squeezed by two towns; consultants lobbied for clients with neighboring jurisdictions; “helped them create a community of one”; good presentation, planning and mediation; “green” design Stephen Anderson called references for Lincoln St. (Ed Amrhein reported): Only one contact – with Clark State plan. Strengths: good at bringing people together; good graphics; ability to communicate with public; worked to draw out needed information Visioning/Planning Task Force Report Page 12 of 23 February 12, 2009 Dimi Reber called references for Olson and CC: Contacts with Warrensburg a college community and for CC Kansas Health and Hagerstown (Two of the phone numbers for references had been disconnected, had a hard time finding phone numbers for contacts.) Strengths: liked the presentation but weren’t the team they had expected; responsive to concerns; good job with public meetings, public liked them, did website but didn’t stay on top of updates; dealt well with difficult people; very approachable but sometimes needed to be prodded. Strengths of CC: very good in front of groups, used servant‐leadership model of leadership; very flexible; in a town with a population of 1700 helped people who didn’t know how to get started; helped get elements of government that were reluctant to be involved to get involved. Dimi reported on Regenesis references: In one instance a thorough analysis of the past history of the place assisted in the ecological restoration of a site in which new homes were built. Regenesis worked with residents on contentious issues and the exit interviews yielded excellent ratings. The consultants heard what people said, assisted in developing representational designs, reached out to diverse constituencies, were excellent at managing process and achieving objectives. A yearlong process worked with small groups, which led to a free flow of information between the larger groups. They were most effective in small groups of up to 30 people. They work less on being presenters than having people talk themselves. One reference said, “I wouldn’t hire them to do a report.” In a sustainable development in New Canaan, CT, a developer hired them. They got standing ovations from the community, kicked off a large public process of forums that got things going. This was in a wealthy community with some big guns. They got the “iconic” people as well as young people and elders involved doing purposeful work and helped to heal community wounds. Byron reported on KKG: They were strong advocates, went beyond what was needed. One reference said they would “rehire them in a heartbeat”. Byron noted they were not the lead firm (not sure in what). People especially liked Gossman. The reference from Xenia said doesn’t hire them unless they are the lead firm. They are proactive; there were no problems with them. They used GIS, charettes, had good presentations, good community involvement, were very professional, strong, aggressive and you “don’t have to baby‐sit them.” They gave fabulous service, were able to work on the fly when the project was changed in mid‐course. They always produced usable products, had good public meeting performance. Mr. Gossman is thorough and detailed. They had good public outreach and got wide participation. The only negative was the original price was too high but they were able to revise it and low it and still produce what was they said they would do. Visioning/Planning Task Force Report Page 13 of 23 February 12, 2009 Mark Cundiff called references for contacted Studio Three: Ivy Tech – an educational institution outside of Muncie, IN, a foundation working with “trail towns” in PA and Kansas City, MO were the places contacted. Strengths: very creative, deliver what they say they will do; were local to Muncie and knew the area; would hire them again; high integrity; good graphics; worked well with unsophisticated citizens; helped people to “see” using graphics; didn’t do advertising; have unique experience with rural communities; didn’t provide the people they thought they were going to get but replaced the original project manager and the replacements were good; did what they were asked to do. Visioning/Planning Task Force Report Page 14 of 23 February 12, 2009 Attachment 5 Finalist Strengths, Weaknesses and Concerns ACP Visioning+Planning, 1269 Grandview Avenue, Columbus, Ohio 43212, 614‐ 586‐1500 Jamie Greene, AIA AICP, Principal, jgreene@acp‐planning.com Understanding: Strengths: • Thorough research on people / place / prosperity • Reference to Shuman • They seem to understand us • Good skills on sustainability Weaknesses: Concerns: Consultant team qualifications: Strengths: • Experience with visioning • Good references • Experience with multi-jurisdictions • National perspective of where communities are going • Experience with college towns • Different areas of expertise on team • Proposal reflects ability to facilitate diverse groups • Good regional experience • Economics expert on higher education on team Weaknesses: Concerns: • Are they so big that they'll just swoop in with their proven methods and knock out a "cookie- cutter" visioning plan for us? • Alignment and roles of team members • Be sure to interview principals who will participate Approach: Strengths: • Community involvement process well articulated • Understand need for outreach to traditionally uninvolved segments of population • Understand need for volunteers • Good process for documenting discussions Weaknesses: Visioning/Planning Task Force Report Page 15 of 23 February 12, 2009 • Some felt they weren’t clear about how to get from vision to implementation Concerns: • Role of volunteers Budget: Strengths: • Flexible on budget Weaknesses: Concerns: • Are expenses covered in budget? Clarity: Strengths: Weaknesses: Concerns: Visioning/Planning Task Force Report Page 16 of 23 February 12, 2009 Bird Houk Collaborative, 600 Creekside Plaza, Gahanna, Ohio 43230, 614‐418‐ 0600 (partnering with 42 Fish) Jim Houk, AICP, ASLA, Brian Hollars, AIA, www.bird‐houk.com Understanding: Strengths: • Good connection between public input and plans • Good executive summary • Talk about smart growth Weaknesses: Concerns: • Errors in their reading of our history raises questions about their accuracy and attention to detail Consultant team qualifications: Strengths: • Good references • Experience working with townships • GIS tools • Relate to region Weaknesses: • Relevant experience in the team resumes does not list any visioning projects • Same with sustainability • Not sure they have experience with diversity Concerns: • Alignment and roles of team members • Role and expertise of 42 Fish Approach: Strengths: • Flexible approach • Visioning process appears simple and effective • Consensus building first • Includes plan for media strategy Weaknesses: • The 2 open house formats only include members of the task force and not the larger community and therefore seems to limited in scope. • Not sure they would reach "broad and deep" • No public feedback on distilled vision • Simplistic notion of two roundtable public visioning sessions. • Consulting team develops the strategies. Visioning/Planning Task Force Report Page 17 of 23 February 12, 2009 Concerns: • Role of volunteers • When does “branding get done” – for the process or for the result? • When is outreach to individuals from other communities done? Budget: Strengths: Weaknesses: Concerns: • Budget does not include expenses, no price guarantee provided Clarity: Strengths: Weaknesses: • Not written particularly well. Concerns Visioning/Planning Task Force Report Page 18 of 23 February 12, 2009 Regenesis Group/Kinzelman Kline Gossman, 444 South Front Street, Columbus, Ohio 43215, 614‐224‐6601 Brian P. Kinzelman, ASLA, AICP, Principal, firstname.lastname@example.org, www.kkgstudios.com Understanding: Strengths: • They seem to understand that they are helping us, not giving answers • Understand re-localizing and involvement with environment • Well-stated core reason for doing this now: secure economic future • They address community goals well • They describe an evolutionary process / capacity building • They seem to understand us Weaknesses: Concerns: Consultant team qualifications: Strengths: • They have national & international perspective • Good references • Some very relevant experience [KKG) • Sound information on perma-culture • Understand volunteers’ importance to effect action • Mang's resume: entrepreneurial and cross-cultural Weaknesses: • Their experience doesn’t specifically list visioning • Little or no experience with Village/Township size visioning Concerns: • Alignment of partner firms and roles of team members Approach: Strengths: • 'Story of Place' process will resonate with community • Ability to show human-environment interaction • Broad involvement possible • Attractive process Weaknesses: • No description of using graphical expertise • No real description of how to engage public • Some felt deliverables were not clear Visioning/Planning Task Force Report Page 19 of 23 February 12, 2009 • Some felt Glenzberg's background seems narrowly focused on permaculture. • Some felt a need to rethink the charrette as primary vehicle for public participation. • It may take more than the 3 Charettes to actively engage everyone we hope to reach Concerns: • Role of volunteers • Timing of public events (one planned for July) • Some have concerns that Story of Place emphasis on history may distract from current contentious issues • Need further definition of public involvement in testing ideas generated by the process • Role of advisory group vs. consultant in analysis of information Budget: Strengths: Weaknesses: Concerns: Clarity: Strengths: Weaknesses: Concerns: Visioning/Planning Task Force Report Page 20 of 23 February 12, 2009 Studio Three, LLC, 125 East Charles Street, Suite 116, Muncie, Indiana 43705, 765‐ 749‐7110 (partnering with JEO) Brian Hollars, AIA, email@example.com, www.thestudiothree.com Understanding: Strengths: • They seem to understand what we want • One principal wrote small town handbook • Some evidence of research in the proposal • Good grasp of sustainability Weaknesses: • Very focused on physical design, which some felt is not the heart of what YS needs at this stage. Concerns: Consultant team qualifications: Strengths: • Good planning experience • Experience in Midwest • Good references –especially graphic skills, facilitation skills • Experience in environmental design Weaknesses: • Wasn’t sure how experienced the team members working with us would be. • Client base doesn't show much diversity. Concerns: Approach: Strengths: • Clear process • Describe concrete outcomes • Extensive opportunities for public involvement Weaknesses: • It is not clear how they plan to help engage the surrounding communities • No discussion of outreach to non-participating community segments • Seems to be a formula approach, little depth • Very conventional approach. • Very reliant on consultant input. • No mention of working with Miami Township in the proposal. Concerns: • Role of volunteers Visioning/Planning Task Force Report Page 21 of 23 February 12, 2009 Visioning/Planning Task Force Report Page 22 of 23 February 12, 2009 Budget: Strengths: Weaknesses: Concerns: • Expenses (other than travel) not included in budget, no price guarantee provided • JEO (a partner firm) not mentioned in budget • Unclear on grad student hours vs. principal hours • Hourly rates are quite low. Is this firm in a big enough league? Clarity: Strengths: Weaknesses: • Proposal lacked clarity throughout Concerns: Visioning/Planning Task Force Report Page 23 of 23 February 12, 2009 February 13, 2009 To: Council Fr: Clerk Re: Council Dates for 2009 The following dates have been established as general meeting dates for Council. These dates are the first and third Mondays of the month except when there is a Village recognized holiday, at which the Council would meet on the first or third Tuesday. A motion is required for approval. January 5th Tuesday, January 20th February 2nd Tuesday, February 17th March 2nd March 16th April 6th April 21st May 4th May 18th June 1st June 15th July 6th July 20th August 3rd August 17th Tuesday, September 8th September 21st October 5th October 19th November 2nd November 16th December 7th December 21st In addition, the recognized Village holidays are as follows: New Year’s Day January 1st Martin Luther King January 19th President’s Day February 16th Memorial Day May 26th Independence Day July 3rd Labor Day September 1st Thanksgiving November 27th and 28th Winter Holiday December 25th Council also approved a floating holiday for the employees and staff. MEMORANDUM To: Mark Cundiff From: Ed Amrhein Date: Feb. 13, 2008 Re: Antioch College Clean‐Up At your request, I visited Main Building on the College campus yesterday at around 1:30 P.M. I observed at least four trucks from the Buckeye Carpet Services, two of which appeared to be vacuum trucks. There were also three trucks present from Munter’s, a large clean‐ up/remediation company, which is the prime contractor for the Main Bldg. clean‐up. I spoke briefly with Ron Hampton, a member of the College maintenance staff, who said that Munter’s had already mobilized large pieces of equipment used for heating and drying, and that the workers on site had estimated a timeline of up to two weeks to complete the scope of their contract with the University. MEMORANDUM DATE: February 13, 2009 TO: Yellow Springs Village Council FROM: Mark S. Cundiff, Village Manager SUBJECT: Time-Warner Petition At your last Council meeting, I reported that the Village had received a copy of a petition that Time Warner Cable (TWC) had filed with the Federal Communications Commission (FCC) asking that the FCC find that TWC’s cable television system serving Yellow Springs is subject to “effective competition” and therefore exempt form and rate regulation. TWC is claiming that at least 50% of the households are served by at least two unaffiliated multichannel video programming distributors (DirecTV and DISH Network) and the number of households in the franchise area subscribing to these other providers exceeds 15%. As evidence, TWC uses an analysis of the 45387 Zip Code, which as you know, includes a large area of land outside of the Village. In this area outside of the Village, satellite dishes are the only way to access multichannel video programming and are likely bulk of those who do currently subscribe. If we could use the Nine Digit Zip Code Plus Four versus the traditional five digit zip code, I think the percentage of those in the Village subscribing to one of the satellite providers would not exceed 15%. I spoke with former Village Manager and MVCC Director Kent Bristol about this matter and he indicated that he had a similar petition filed against the Village of Germantown when he was at MVCC. He stated that he did a visual survey of the homes within the corporation limits to refute the claims that 15% of the homes were subscribing to one of the dish companies. He said he retired from MVCC before the FCC ruled on the matter I also contacted John Weithofer at the Miami Valley Communications Council (MVCC) about this matter. He, in turn, forwarded the petition to MVCC’s attorneys and asked them if the Village could appeal and what would be the chances of being successful upon this appeal. They reported back that the Village has 30 days in which to appeal, but likely would need to hire a Washington D.C. based law firm to handle this matter. The notice was mailed on January 30, 2009 and received by the Village on February 2, 2008. So if we wish to appeal, we need to start to make arrangements quickly. Our appeal would be based on the fact that the five digit zip code is not truly reflective of the Village since the zip code area encompasses so much land area outside of the Village. Perhaps if the nine digit zip code was used, it would result in very different percentages of satellite dish subscribers. However, a September 2, 2008, public notice issued by the FCC stated that the nine digit zip code will only be used for five digit zip codes the boundaries of which only lie partly within a franchise area, and the traditional five digit zip code continues to suffice for zip codes the boundaries of which lie entirely within a franchise area. In other words, if your jurisdiction is one that has multiple zip codes, then you can use the nine digit zip code to determine which are actually within your corporate limits. If your community is entirely within the five digit zip code, then the five digit zip code is what will be used. So what does all of this mean? It is likely that the FCC will approve TWC’s petition. Then TWC will likely apply for the state-wide franchise agreement through the Ohio Department of Commerce (SB 117). Once the State grants them this agreement, TWC’s franchise agreement with us will terminate. Our Franchise Agreement will expire in 2014, and TWC would be seeking the state-wide agreement at that time. However, before TWC can provide video services to our residents under this state-side franchise agreement, they must provide us ten (10) days advance notice. Within 10 days of receiving this notice, we must in turn notify TWC that we intend to collect a video service provider fee (franchise fee) and the amount of that fee (currently 5%). If we do not send that notice, we cannot collect the fee. The biggest negative impact will be on the franchise fee since under the state-wide agreement it is based only on the revenue from providing video services, not other services provided by the cable operators. John Weithofer has told me that other communities have seen a drop of 11-15% in their franchise fee revenues when their cable operator went to the state-wide franchise agreement from a local franchise agreement. Based on the information provided by MVCC, it appears that the Village would not be successful in an appeal. It also is likely it would cost thousands of dollars in legal fees to just file an appeal that is likely to be unsuccessful. Therefore, it would be my recommendation that we not appeal this petition.
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