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The Yellow Springs

Council of the Village of Yellow Springs

IN COUNCIL CHAMBERS April 19, 2004

CALL TO ORDER

President Tony Arnett called the meeting to order at 7:02 p.m.

ROLL CALL

Tony Arnett, Denise Swinger, Mary Alexander, Jocelyn Hardman and George Pitstick were present. The Village Manager Rob Hillard was also present.

ANNOUNCEMENTS

The Environmental Commission will have its Earth Day Village Clean-Up Day

on Saturday, April 24th, from 10 a.m.-2p.m., at the Bryan Center. Participating high school students will receive community service credit.

MAYOR’S PROCLAMATION

Prior to reading the proclamation, Mayor Foubert asked for a moment of silence to recognize the passing of Yellow Springs High School student Arla Smith and for Yellow Springs basketball coach Byron Scott Stubblefield.

Volunteer Week -Mayor David Foubert read aloud a Proclamation honoring the many volunteers within the Village. Arnett reviewed the events that took place during the KKK literature drive last Saturday in the Village. He thanked Police Chief Carl Bush, Village Manager Rob Hillard and the Village community for their assistance in making the visit as peaceful as possible. Council members echoed Arnett’s appreciation.

Bush explained that there were 20 law enforcement and fire and rescue teams from various municipalities represented on Saturday.

Hillard also thanked Bush for the professionalism and leadership he showed throughout that day and through the proceeding weeks of planning.

Bush thanked the community for their support.

REVIEW OF THE MINUTES

Review of the minutes from April 5, 2004 regular meeting. Swinger MOVED and Alexander SECONDED a MOTION for APROVAL of the minutes as amended. The MOTION PASSED UNANIMOUSLY.

REVIEW OF AGENDA

New Business-Appointment to the Environmental Commission (Hardman)

Special Reports- The Department of Development’s presentation was moved up on the agenda and listed prior to the Petitions and Communications. (Arnett)

SPECIAL REPORTS

Presentation for the Department of Development/Housing. Melanie Brammer from the Greene County Department of Development gave a presentation on the various housing programs provided by her department. She reviewed the Home Repair Program, the Home Buyer Program and the Getting Ready Program.

Arnett encouraged by the down payment assistance program asked how could Council help? Brammer stated that the Village had helped through the work being done by Home Inc. and Starfish Inc. She added that a letter of support from Council would be appreciated for their CHIP Grant application. Council agreed to have Arnett draft a letter of support and forward it to Brammer before the June 1st deadline. Council thanked Brammer for her presentation.

PETITIONS/COMMUNICATIONS

The Clerk will receive and file:

AMP OH Newsletter(s)

Joe Lewis re: Emergency Ordinances (Old Business)

Dayton Chamber of Commerce Update

Mills Lawn After School Care re: Other Information parking fundraiser (Village

Manager)

Ruth Bayless re: Concession at Gaunt Park for July 4th (New Business)

Village’s Earth Day Clean-up flyer

Public Notice from Dir. of the EPA re: Issue of a Permit

OML Training Academy Schedule

Municipal Training Academy re: Training

Cy Tebbetts re: Resignation on Planning Commission (Clerk to advertise

vacancy)

Paul Cooper re: Anti-social behavior article

Clark County re: Springfield Beckley Airport Zoning

Miami Township re: Amendments to Zoning Code

Mayor’s Monthly Statement

Village Solicitor re: Literature Drive

Payne Firm re: Vernay 1st Quarter Report

County Auditor re: Health District Allocation

Vectren re: PUCO request/rate increase

County Health District re: Mosquito Program

Dayton Chamber of Commerce Monthly Update

PUBLIC HEARINGS/LEGISLATION

Resolution #2004-22 Declaring Surplus the Village Owned Property, 1274 State Route 343 and pursuant of sale. Alexander MOVED and Pitstick SECONDED a MOTION for APPROVAL. Arnett explained that once the property was approved as surplus then Council could entertain legislation for the disposal of the property. The current occupants would like to purchase the property. The MOTION PASSED UNANIMOUSLY.

Resolution #2004-23 Awarding Bid to M.E. Engineering for Services re: Walnut St. Swinger MOVED and Alexander SECONDED a MOTION for APPROVAL. Arnett explained that the $17,900 expenditure for this South Walnut Street Improvement Project was approved in the 2004 budget. The MOTION PASSED UNANIMOUSLY.

CITIZENS CONCERNS

Joe Lewis inquired about the Spring Clean-Up, the leaf and brush pick up. He asked why was it not advertised? Hillard explained the solid waste contract was out to bid. He further explained that the Spring Clean-Up cost would not be available until the beginning of June. The Leaf and Brush pick up would probably be a “pay as you go” program and this also would not be determined until early June.

Arnett stated that Council is evaluating the financial considerations and the recommendations from the Solid Waste Committee.

Joe Lewis expressed concern that “pay as you go” program, by purchasing bags would not be large enough to accommodate the larger piles of trash. He suggested that signage be placed adjacent to areas that have or could become dumping areas, such as the Glass Farm.

Hillard encouraged residents to notify his office about unlawful dumping areas.

Lewis also asked that Council review the Village’s weed ordinance. Pitstick asked how long could brush stay on the curb? Hillard would have the specifics at the next meeting.

OLD BUSINESS

Deficiencies in Zoning Code/Housing Standards. Zoning Administrator Phil Hawkey reported that Section 1470 should be amended to require a public hearing and notification of the hearing in the abatement order. Section 1490 addresses premises that are deemed unfit for habitation and may be ordered vacated and posted as condemned. The Village does not have the authority to make repairs and recover costs for houses that are habitable. Hawkey plans to meet with the health and fire officials to determine how best to coordinate procedures.

Council suggested that a quarterly report format be utilized by Hawkey to keep Council up to date with zoning developments and code enforcement.

Peggy Erskine asked if code enforcement included the junkyard on the south end of town? Arnett answered yes.

Norris Bayless suggested an inventory of abandon housing be developed. Hawkey would prepare the first quarterly report for July or August.

Letter from Joe Lewis re: Emergency Ordinances. Lewis expressed deep concern over the amount of personnel and the cost that the Village incurred in the planning and implementing process for the public safety during the visit from the KKK. Lewis also expressed strong reservations that Antioch College faculty and students understood the impact of their actions that led to the visit by the KKK. He was offended and disgusted by the actions of the students, which he felt fueled, the reaction from the KKK. Lewis suggested that Council draft legislation that would state that the cost of such events be paid by the instigator of the event. This would include the cost of law enforcement personnel, emergency vehicles and Village staff.

Hardman wanted to know what the Chancellor’s response was to the College’s actions.

Pitstick suggested that Council develop a way to maintain an open dialogue with the College.

Peggy Erskine suggested that the Human Relations Commission could work with the students and faculty to understand the impact of racism. She believed that the students did not understand the impact of their actions.

Pitstick suggested that the HRC along with additional representation from the Village could form a group that could assist the students.

Becky Campbell suggested that Council meet Antioch University’s Board of Trustees when they meet at the College.

Council agreed that Arnett along with the Village Manager and the Police Chief speak with the College and that Arnett report back any updates to Council.

NEW BUSINESS

July 4th Celebration at Gaunt Park. Alexander asked for consideration of a request by Ruth Bayless on behalf of the First Baptist Church in allowing them and other organizations to sell refreshments at the July 4th Celebration.

Pitstick explained that the Lion’s Club, who sponsors the fireworks, receives none of the monies from the fireworks for its treasury. All the proceeds earned on July 4th goes directly to the cost of the fireworks. Pitstick was concerned that if the money earned during that day did not go into the fireworks fund that it would become cost prohibitive and the Lion’s Club would no longer be able to sponsor the event.

Alexander suggested that the July 4th fireworks display has always taken place and it would continue with community support.

Ruth Bayless explained that the church has sold food items at the celebration for a number of years. The church felt that it was unfair for any one group to reap all the benefits from any vending that took place at the celebration. She asked Council for a decision.

Council directed Hillard to draft a policy for their review for the next meeting.

Appointment to the Environmental Commission. Hardman explained that there are two vacancies and she is recommending that Douglas Bailey be appointed to the Commission. Swinger MOVED and Pitstick SECONDED a MOTION for APPROVAL. The MOTION PASSED UNANIMOUSLY. The Clerk was directed to continue to advertise the other vacancy. Bailey was appointed to a three-year term.

Quarterly Financial Report. Hillard reviewed the Quarterly report. He reported that 20% of the roof seam repair at the Bryan Center building still remained to be finished. He would approve the completion of the roof repair for approximately $5,000. He would also approve the cost of a new boiler for the Y.S. Library at a cost of $20,000. The cost for the entire heating system upgrade and replacement would be $90,000. Hillard would only support the boiler replacement for this budget year.

Liquor Permit Holders-License Renewals. Swinger MOVED and Alexander SECONDED a MOTION for no opposition to the liquor license renewals. The MOTION PASSED UNANIMOUSLY.

Warner Cable Franchise Agreement. Hillard reviewed the proposed agreement and the eight newest recommended amendments. Arnett suggested that the Cable Advisory Panel be given the opportunity to review and comment on the agreement. Hillard added that pole fees are handled separately from the agreement, there are still signal issues that need to be addressed and that the public broadcasting station out of Columbus and not Oxford is designated for the Village.

MANAGER’S REPORT

Hillard has sent letters to the 13 large power users to inform them of the KVA Demand Charge, which will be implemented in June. He encouraged the large power users to contact an electrical contractor for ways to reduce their cost.

Pitstick reported that the Bike Enhancement Northern Gateway Committee would like to have more exposure of the bike patrol, especially in the daytime. Bush explained that after the department hires the two replacement officers there would be more exposure of the bike patrol.

STANDING REPORTS

Arnett Village Mediation Program
Arnett Community Council (On file)

Hardman Environmental Commission. Hardman reported that the Commission is preparing for the Earth Day Village Clean-Up.

Hardman Human Relations Commission. Hardman reported that the Commission would have a presentation from Daybreak.

Alexander Library Commission. Alexander reported that the Commission is ready to move forward. They have taken a tour of the building. A list of surplus furniture has been completed. Council would draft a resolution for the disposal of the surplus furniture.

Alexander Cable Advisory Panel
Alexander Reg. Planning & Coord. Comm. Greene Cty. (On file)
Pitstick Planning/Bike Comm./N. Gateway Commission (On file)
Swinger Miami Valley Regional Planning Commission (On file)

AGENDA PLANNING The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, May 3, 2004 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the May 3 rd meeting are:

Resolution Awarding Contract to Edwards and Kelcey
Re: Review of PUD and SPR in the Zoning Code.
Resolution re: Library Surplus Furniture Transfer
Support Letter re: Dept. of Development
Limestone St. - James McKee Way honorary designation
Gaunt Park Vending Policy
Antioch Dialogue Update
WSU Survey re: Public Services

FUTURE AGENDA ITEMS

Appointment to Planning Commission (1)
Appointment to Environmental Commission (1)
Resolution Awarding Bid-Street Projects (May)
Resolution Awarding Bid-Baseball Diamond (May)
Resolution Awarding Bid-Public Works Facility (May)
Spring Clean Up (June 7th)
Leaf and Brush Pick Up (June 7th)
Resolution Awarding Bid-Solid Waste Contract (June)
Ordinance Adjusting Solid Waste Rate (June)
A pproval of the Tax Budget (June)
Goal Review: Council, Manager, Clerk (June)
Ordinance Approving Codification of Ordinances (June)
Records Retention Policy (July)
Resolution Awarding Bid-Electrical System Improvement (July)
Zoning/Code Enforcement Quarterly Report (July/August)
Springfield Beckley Airport Zoning
Policy re: Utility Bills & Deposits
Annexation Policy Review

EXECUTIVE SESSION

There was no executive session scheduled for this meeting.

ADJOURNMENT

Having no further business, Hardman MOVED and Swinger SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY at 9:37 p.m.

___________________________ __________________________

Tony Arnett, President Deborah Benning, Clerk

A full and complete set of these minutes is available for review electronically by audio or videotape. These tapes are kept permanently and can be requested by referencing the date of the Council meeting.

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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