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The Yellow Springs

Council of the Village of Yellow Springs

Minutes

IN COUNCIL CHAMBERS February 17, 2004

CALL TO ORDER

President Tony Arnett called the meeting to order at 7:01 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

Saturday 2/28- 9:30 a.m. Council Work Session – Financial Plan

Monday3/22- 7:00 p.m. Joint Meeting with Planning Commission

Monday3/29- 7:00 p.m. Joint Quarterly Meeting with Miami Township Trustees

REVIEW OF THE MINUTES

Review of the minutes from February 2, 2004 regular meeting. Pitstick MOVED and Swinger SECONDED a MOTION to APPROVE the minutes as submitted. The MOTION PASSED UNANIMOUSLY.

REVIEW OF AGENDA

See Below.

PETITIONS/COMMUNICATIONS

The Clerk will receive and file:

AMP OH Newsletter(s)
Amendments to the Parking Code (New Business)
Comprehensive Plan (Clean Copy)
Y.S. Tree Committee-Tribute Trees
Dayton Chamber of Commerce News letter
YS Chamber of Commerce Newsletter
OH State Ext. Office-Leadership Workshop
County Recreation & Parks-Request Use of Gaunt Park (New Business)
Hillard to Patricia Alexander re: Storm water
Arnett’s Memo

PUBLIC HEARINGS/LEGISLATION

2nd Reading & public hearing of ordinance #2004-06 Amending the Library

Commission Chapter 278.02, 03 & 04.Alexander MOVED and Swinger SECONDED a MOTION for APPROVAL. Alexander reported that the Y.S. Library Association and the Greene County Library’s Board of Trustees appreciated Council’s efforts. Pitstick commended Alexander for bringing this to Council.

Arnett opened the public hearing. Having no comments, Arnett closed the public

hearing. The roll was called. The MOTION PASSED UNANIMOUSLY.

2nd Reading & public hearing of ordinance #2004-07 Amending the Environmental Commission Chapter 274.02. Pitstick MOVED and Hardman SECONDED a MOTION for APPROVAL. Arnett explained that this ordinance would allow for up to two members be residents of Miami Township, outside the Village limits.

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

2nd Reading & public hearing of ordinance #2004-05 Amending the Site Plan Review Chapter 1262. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL. Arnett explained that this would now allow for a two-step process for the Site Plan Review and changed the acreage from fifteen to four. The larger acreage would now be reviewed under a PUD or minor subdivision.

Pitstick added that Planning Commission would continue to refine the processes for reviewing proposed development.

Arnett opened the public hearing. Bob Mihalek of the Y.S. News asked why the reduced acreage? Pitstick explained that a PUD was more suitable for review of a larger area.

Arnett closed the public hearing. The roll was called. The MOTION PASSED UNANIMOUSLY

1st Reading of ordinance #2004-08 Amending the Traffic Code. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL. Arnett explained that

this would keep the Village’s Ordinances inline with the new and amended State laws. He added that there were cases pending in Mayor’s Court that would be affected by these new laws. All traffic laws pertinent to the Village have not change and remain intact.

The Clerk added that under normal circumstances the Council would approve the new laws along with the other approved legislation during the codification process. The codification process would not happen for at least another month and since the Village has a Mayor’s Court it is imperative that these laws be put into effect as soon as possible.

Hillard thanked the Clerk for producing this document in such a timely manner. The roll was called. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for March 1st.

Resolution #2004-11 Greene County Regional Planning & Coordinating Commission-Membership Dues Expenditure. Hardman MOVED and Alexander SECONDED a MOTION for APPROVAL. Arnett explained that the Village participates in the meetings of this Commission. He added that Ron Schroeder the Executive Director has retired. Stephen Anderson is the current Interim Executive Director. The MOTION PASSED UNANIMOUSLY.

Resolution #2004-12 Approving Service Contract-Electric Project-Dayton St-Poggemeyer Design Group. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL. Hillard explained that Council had approved this expenditure during the 2004 budget workshops. Poggemeyer would design the electrical improvements to the Dayton Street electrical system. The cost would not exceed $17, 500 for the design portion of the project.

Swinger asked if the lines would be underground? Mike Applin the Village’s Electrical Supervisor explained that the transmission lines would be placed above ground in order to provide for maintenance. He added that there could be some issues regarding tree trimming. The MOTION PASSED UNANIMOUSLY.

Resolution #2004-13 Authorizing Truck Expenditure-Utilities. Alexander MOVED and Pitstick SECONDED a MOTION for APPROVAL. Hillard explained that by using the State’s Cooperative Purchasing Program the Village’s cost was $17,298 rather than the budgeted $24,000. Arnett added that the electric, water and wastewater personnel would use the vehicle. The MOTION PASSED UNANIMOUSLY.

Resolution #2004-14 Northern M.V. Local Government Assn-Dues. Swinger MOVED and Alexander SECONDED a MOTION for APPROVAL. Hillard explained that he attends these meetings as the Village’s representative and that the Village could provide additional leadership to the group. The MOTION PASSED UNANIMOUSLY.

Resolution #2004-15 Approving Mowing Contract. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL. Hillard stated that he was pleased with the low bidder. The award would go to Hughes Lawn Service in the amount of $850 per mow. Hillard added that the Village would not hire a seasonal employee this year. The yearly cost would be approximately $30,000.

Hughes Lawn Service is located outside of the Village. The MOTION PASSED UNANIMOUSLY.

Resolution #2004-16A/B Authorizing Police-Fire Pension/Pick Up Plan. Pitstick MOVED and Alexander SECONDED a MOTION for APPROVAL. Arnett explained that this was for the Village’s Police Department only. He added that this resolution reaffirms Council prior action of approval. The MOTION PASSED UNANIMOUSLY.

Resolution #2004-17 Employee Contract-Village Mediation Program. Hardman MOVED and Swinger SECONDED a MOTION for APPROVAL. Arnett explained that the $5000 represents the bulk of the Mediation Program’s budget. This amount is less than half of the amount that has been budgeted in previous years. Arnett commended Malishenko for his dedication to the Program. The MOTION PASSED UNANIMOUSLY.

CITIZENS CONCERNS

There were no comments from the audience.

SPECIAL REPORTS

Solid Waste Committee Report. Debra Karns, Mary Ann Bebko and Ken Huber were appointed as members of this Committee. Hillard stated that the Committee looked at the current level of service, the survey and the current ordinance. Hillard added that this is an ongoing process and that this Report would enable Council to determine the next steps. Hillard further added that Ken Huber was compiling and evaluating the financial data that would be used for the final bid specs. The Committee supported a tier system for billing and collecting, a spring cleanup and a brush pickup service.

Debra Karns stated that information was gathered from other communities regarding their costs and services. She suggested that the “buy a bag” program might be suited for the Village. This program includes having garbage/waste bags for sale. A customer buys the bag, fills it and places it on the curb with their additional trash. There is no additional cost to the customer.

Hillard explained that the Village had done a solid waste audit. An employee accompanied the Rumpke driver on his run to determine if residents were using the appropriate trash receptacle for the amount they were paying. There was a total of 155 addresses that had more trash than was being billed to the address. Hillard thanked the Utility Office for their assistance with this process.

The Committee also reviewed the Yard Waste Program and the Annual Spring Clean-up Program. The Committee recommended educating the residents on the area facilities that have these programs. The Committee also recommended that the Environmental Commission and the service provider assist in the education process.

Mary Ann Bebko stated that the Committee looked at the ordinance and recommends that it be amended.

Pitstick suggested that the number of gallons that are being billed should be reflected on the customer’s bill. He supported the Committee’s recommendations.

Arnett explained that the vendor has not been paying attention to the per- household volume because the Village’s total volume was not over the vendor’s expectation.

Cy Tebbetts asked if the Village has an arrangement with Stutzman Landscaping for leaf disposal and does the Village still have the stickers that could be purchased from the Utility Office and placed on a bundle of extra trash. Hillard stated no to the first question and yes to the second.

Bill Bebko suggested that an employee could periodically accompany the driver to check on the collection process.

Hillard stated that the bid spec was about 90-95% completed. Council directed Hillard to finalize the bid specs to include the recommendations covered in tonight’s meeting and send it out for bids. Hillard thanked the Committee for their work and thoroughness. (A copy of the Report is available from the Clerk).

OLD BUSINESS

Goal #2 Housing (Alexander & Hardman). Hardman reviewed the goal and the individual suggestions made by Council members during their goal session. She then reviewed the Housing Action Plan.

From the list of recommendations: Council requested that Phil Hawkey the Zoning Administrator review the housing code for any deficiencies and report back to Council with his findings at the April 5 th meeting; The Village Solicitor would review the same code for its enforceability and compatibility with the State code; A request would go to the Greene County Dept. of Development for materials and a representative to speak at a future Council meeting; To educate the public on existing County housing programs that are available; and Place resource materials on housing programs in the Bryan Center and/or the Y.S. Library. The Urban Service Boundary and the information gathered from the Building Impediment Survey by Planning Commission would be incorporated into the housing discussions and materials. Hardman will draft research questions addressing existing housing and future housing needs. The Action Plan also supported identifying abandoned homes and finding ways to get them back on the housing market.

Council thanked Hardman, Alexander and Hillard for developing the Action Plan.

NEW BUSINESS

County Request for use of Gaunt Park. Council agreed by consensus to permit the Greene County Recreation, Parks and Cultural Arts use of Gaunt Park for their Summer Caravan program. This is a day camp for children that would take place July 12 th-16 th and August 2nd-6 th.

Amendments to the Parking Code. These amendments will revise parking in the Central Business District, Antioch College and some residential areas. Pitstick suggested that residents affected by the change be notified. Hillard agreed to send out notices prior to the first reading of the amended ordinance scheduled for March 1st.

MANAGER’S REPORT

Hillard reported that the staff has been working with Jim Neusser of Ohio Municitax in updating of the Municipal Income tax Ordinance. Hillard enclosed the proposed ordinance as well as an outline explaining the changes. Hillard suggested and Council agreed to invite Neusser to the next Council meeting to review this information.

The Economic Development Revolving Loan Fund report was distributed. The Village is pursuing legal action related to the Gypsy Café. Euphorbia Landscaping has paid their interest to date but are behind in their principal payment. Hillard has sent a letter to the owners of Euphorbia.

Hillard requested input from Council for his letter to the Township Trustees regarding their Wellhead Protection Resolutions.

Phil Hawkey will be presenting Council with a bid regarding the baseball diamonds at Gaunt Park and a bid regarding the Public Works Facility renovations.

Carl Bush reported that the police department had completed their Bias Based Prevention Training. The new video cameras for the cruisers have arrived. He has applied for a grant to assist in covering the cost for the auto external defibrillators. He plans to have one in each cruiser and one in the Bryan Center. Bush has also attended the first forum on youth that was held at the high school and he plans to attend the follow-up forum.

STANDING REPORTS

Arnett Village Mediation Program

Arnett Community Council

Hardman Environmental Commission (On file)

Hardman Human Relations Commission

Alexander Library Commission

Alexander Cable Advisory Panel (On file)

Alexander Reg. Planning & Coord. Comm. Greene Cty. (On file)

Pitstick Planning/Bike Comm./N. Gateway Commission (On file) Pitstick stated that as a member of Planning Commission, it has been a real pleasure working with Phil Hawkey and Rob Hillard. Swinger answering a previous question regarding Planning Commission members being alternates to MVRPC, stated that the alternate could be a CEO or a top official.

Swinger Miami Valley Regional Planning Commission (On file)

Swinger MVRPC Transportation Committee (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 1, 2004 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the March 1st meeting are:

Annual Report-Cable Advisory Panel
Annual Report-Human Relations Commission (April 5 th)
1st Reading of an ordinance amending the Parking Code
2nd Reading and Public Hearing Amending the Traffic Code
Resolution for Awarding Bid-Water Tower Painting
Appointments to Library Commission
Ohio Munitax-Jim Neusser

Pitstick announced that he would be absent from the March 15th Council meeting.

FUTURE AGENDA ITEMS

Annual Report-Human Relations Commission (April 5th)
Deficiencies in Code-Housing Standards (April 5th)
Presentation-Department of Development/Housing
Resolution Awarding Bid-Baseball Diamond
Resolution Awarding Bid-Public Works Facility

Annual Reports - Commissions, Committees and Boards

Policy re: Utility Bills & Deposits
Review of the Income Tax legislation
Environmental Commission (2)
Library Commission Appointments (2)
Appreciative Inquiry
Village Youth Recreation Program-Support
Greenspace Fund/Long-term Policy
Annexation Policy Review
Volunteer Recognition
Cable Franchise Agreement
Springfield Beckley Airport Zoning
Records Retention Policy (July)

EXECUTIVE SESSION

There was no Executive Session.

ADJOURNMENT

Having no further business, Pitstick MOVED and Hardman SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY at 9:28 p.m.

______________________________

Tony Arnett, President

______________________________

Deborah Benning, Clerk

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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