Council of the Village of Yellow Springs

MINUTES

IN COUNCIL CHAMBERS August 2, 2004

CALL TO ORDER

President Tony Arnett called the meeting to order at 7:04 p.m.

ROLL CALL

Tony Arnett, Mary Alexander, Jocelyn Hardman and George Pitstick were present for the meeting. Village Manager Rob Hillard was also present. Denise Swinger was absent from the meeting,

ANNOUNCEMENTS

The Clerk announced that representatives from the State Auditor’s Office would be contacting individual Council members to schedule the Pre-Audit Meeting.

REVIEW OF THE MINUTES.

Review of the minutes from July 19, 2004 regular meeting. Hardman MOVED and Alexander SECONDED a MOTION for APPROVAL as amended. The MOTION PASSED 3-0. Pitstick abstained from the vote.

REVIEW OF AGENDA

Council agreed to delay the 1st Reading of Ordinance #2004-28, Sexually Oriented Businesses until the arrival of the Village Solicitor.

PETITIONS/COMMUNICATIONS

The Clerk will receive and file:

AMP-Ohio Newsletters

Chris and Doug Roberts re: Selling Caboose Bike & Skate lease

David and Susan Hyde re: RITA (Directed to the Village Manager)

Jerry Sutton re: Environmental Commission

Heather Whitener re: Accessibility

Bill and Johanna Smith re: Sexually Oriented Business Zoning

HRC Minutes

Dayton Chamber of Commerce

Ohio Municipal League Local Government Fund

PUBLIC HEARINGS/LEGISLATION

1st Reading of Ordinance #2004-29 Amending Chapter 1060-Solid Waste/Annual Clean Up. Pitstick MOVED and Alexander SECONDED a MOTION for APPROVAL. This legislation allows the Village to collect pass due accounts created by renters from the property owner rather than the landlord. The legislation also allows for the newly developed “Bag and Tag Program” and for the Annual Clean-Up. Each of these programs is at an additional cost to residents.

Arnett offered and Pitstick and Alexander agreed to a friendly amendment for Page 4, Section 1060.05 (a) Charges #5. The amendment deleted the annual clean-up fee of $9.00 per month and added to be set annually by Council. The roll was called. The MOTION PASSED UNANIMOUSLY. The public hearing has been set for August 16 th.

1st Reading of Ordinance #2004-31 DUI Enforcement and Education Fund. Pitstick MOVED and Hardman SECONDED a MOTION for APPROVAL. The legislation provides a means for accounting by the State Auditor of this account. The State requires that $25 of the amount collected in fines from DUI violations are transferred to an enforcement and education fund.

Arnett suggested and Pitstick and Hardman agreed to a friendly amendment. The amendment would strike the word police in the third WHEREAS and in Section 2. It would substitute the words public safety in those sections along with adding it prior to the word education in Section 2. Section 2 would read public safety enforcement and public safety

education. The roll was called. The MOTION PASSED UNANIMOUSLY. The public hearing has been set for August 16 th.

Resolution #2004-39 Awarding Fuel Service Bid-Speedway SuperAmerica. Alexander MOVED and Hardman SECONDED a MOTION for APPROVAL. The bid was necessary in order to provide fuel service for Village vehicles. The standards for storage and dispensing fuel on Village-owned land are becoming more complex and more expensive. After evaluating the possibilities, Hillard and staff recommended Speedway SuperAmerica. The MOTION PASSED UNANIMOUSLY by voice vote.

Resolution#2004-40 Acordia/General Liability Insurance. Pitstick MOVED and Hardman SECONDED a MOTION for APPROVAL. Hillard had reviewed commercial insurance proposals along with the public entity pool insurance and is recommending Municipal Insurance Alliance by Arch Insurance. Hillard suggested that Council review how the cost of the insurance is spread out over the various Village accounts. With a suggestion from Pitstick, Hillard would further investigate building replacement cost, which would be a consideration for the policy at a later date. The MOTION PASSED UNANIMOUSLY by voice vote.

CITIZENS CONCERNS

Alexander informed Council that a constituent had called her to inquiry about how to handle three foxes that have repeatedly been in her yard. Hillard would do a follow-up with the Greene County Animal Control and contact the neighbor with that information.

SPECIAL REPORTS

There were no Special Reports.

OLD BUSINESS

S-Corp Update-Village Solicitor Opinion. The Village Solicitor, in his opinion, stated that he had reviewed the correspondence from R.I.T.A. and found that it was not necessary for the Village to run this ballot issue again.

5-YR Financial Plan-Funds from Green Space for Drainage Improvements on the Glass Farm. In a memo from Tony Arnett dated July 31, 2004 he recommended that “a significant portion of the eastern section of the Glass Farm be designated as permanent open space, and that most of the balance of the Green Space fund be used to fund the storm water detention improvements on that site”. The current balance of the Green Space fund is $154,000. Council directed the Clerk to seek an opinion from the Village Solicitor to the appropriateness of this suggestion.

Hillard reported that the engineering plan would be ready within a month.

Hillard did advise Council that these funds are no longer replenished. Currently these funds have been used to match state funding grants that are available for acquiring conservation easements. He added that continual operational costs would also have to be considered when the detention pond is developed.

Pitstick added that the pond is part of the development plan for the western section of the Village.

Becky Campbell inquired about the Estate Taxes. Arnett explained that through the action of a previous Council, any money over $80,000 for the Estate Tax was transferred to the Green Space fund. This was rescinded after two years. Council agreed to continue this discussion at a later date.

NEW BUSINESS

2nd Quarterly Financials. Hillard had distributed the semi-annual 2004 budget for review. Hillard’s concern was that no monies had been received from the Estate Tax. The administrative and street expenses are high but this was due primarily from the reorganization of the department and the increase in productivity of the department. Hillard will continue to review the water and sewer funds and monitor the income tax fund.

Economic Revolving Loan Update. Hillard reported that monies from this fund have been designated for Community Resources for the Commerce Park. The Village has received $5,000 from Gypsy Café with an additional $5,000 due in August. Euphorbia is working with the Village’s Special Counsel to develop a payback plan.

MANAGER’S REPORT

Hillard reported that the Leaf & Brush Pick-up Program is in place and the pick-ups are scheduled for the last Friday of each month. Bags and tags for the program are available from the Utility Office.

The Greene County Combined Health District has not received any addition evidence that the West Nile Virus is still affecting the county.

Hillard provided a copy of the Ohio Municipal League’s survey regarding the Local Government Fund. The Village is now receiving $161,134 from the fund. Hillard provided examples, which demonstrated the Village’s need for this funding.

The advertisement is currently running for the impending vacancy of the Finance Director position.

The Utility Turn-On/Turn-Off charges have been increased to $20 and $35. This reflects the cost for this activity.

Hillard attended the American Public Power Association Economic Development Workshop in Cleveland.

Alexander asked had their been any major changes to the library lay-out. Hillard answered no. It is the same as recommended by the Design Advisory Commission two years ago.

PUBLIC HEARINGS/LEGISLATION (continued)

1st Reading of Ordinance #2004-28 Sexually Oriented Businesses with the Village Solicitor, John Chambers. Pitstick MOVED and Hardman SECONDED a MOTION for APPROVAL.

Chambers reviewed the concerns listed by Council, which included the following:

• Licensed massage therapist are not included, however massage technicians may fall under the definition if they are performing massages in combination with other activities.
• The production of pornographic movies as a business would be improper and are covered under criminal legislation.

• Spontaneous lewd acts by others would also be covered under separate criminal legislation, which provides some protection to the business owner where the event took place.

Chambers further explained that laws regarding this issue keep evolving but the area of free expression is still provided by the 1st Amendment. He added that municipalities who did not develop legislation until after the business moved into the community had their legislation struck down in court. It is important to have the legislation in place prior to any such business moving into the Village. Chambers informed Council that there was additional legislation available if Council wanted to consider it, which deals with more specific aspects of these businesses such as the hours of the business and employee registration.

Alexander suggested and Pitstick and Hardman agreed to a friendly amendment. The amendment for Section 1260.01 Purpose of Chapter 1260 Light Industrial District would change the word objectionable elements to prohibited elements.

Pitstick suggested that Council review the secondary legislation discussed by Chambers.

The roll was called. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for September 7th.

Hardman asked how would the letter from Bill and Johanna Smith be handled since the recipient, Denise Swinger was out of town? Hillard stated that he or the Village Planner would contact the Smiths.

AGENDA PLANNING

The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, August 16, 2004 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the August 16, 2004 meeting are:

2nd Reading & Public Hearing of Ordinance #2004-29Amending Chapter 1060-Solid Waste/Annual Clean Up

2nd Reading & Public Hearing of Ordinance #2004-31DUI Enforcement and Education Fund

1st Reading of an ordinance adopting the new Ordinances

Resolution Awarding Bid-Baseball Diamond (October)

WSU-CUPA Presentation re: Survey

Public Works Facility & Salt Barn Bids

5-Year Financial Plan

FUTURE AGENDA ITEMS

Conservation Easement for Well Fields

Ordinance re: Utility Deposits and Delinquent Notices (Sept 7th)

Appointment to Environmental Commission (2)

Annexation Policy Review

Natural Gas Aggregation

HRC/LULAC Resolution

Resolution re: Village Solicitor Employment Contract (Sept. 7th)

2nd Reading & Public Hearing re: Sexually Oriented Businesses

(Sept.7th)

Resolution Accepting Amts. & Rates & Authorizing Tax Levies (Sept)

Resolution Awarding Bid-Electrical System Improvement (October)

Resolution Awarding Bid-Walnut Street Projects (October)

Quarterly Financials (October)

Economic Revolving Loan Fund Update (October)

EXECUTIVE SESSION

There was no Executive Session.

ADJOURNMENT

Having no further business, Alexander MOVED and Pitstick SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY at 8:29 pm.

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Tony Arnett, President

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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.