Council
of the Village of Yellow Springs
Minutes
IN COUNCIL CHAMBERS
January 5, 2004
CALL TO ORDER
President 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
There were no announcements.
REVIEW OF THE MINUTES.
Review of the minutes from December 15, 2003 regular meeting. Alexander
MOVED and Hardman SECONDED a MOTION for APPROVAL as amended. The
MOTION PASSED UNANIMOUSLY.
Review of the minutes from December 22, 2003 special meeting. Swinger
MOVED and Alexander SECONDED a MOTION for APPROVAL as submitted.
The MOTION PASSED UNANIMOUSLY.
REVIEW OF AGENDA
There were no changes to the agenda.
PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP-Ohio Newsletters
Greene County Regional Planning Agenda
OML Training for Council Members
Channel 13 Program Schedule
Environmental Commission Meeting Dates
Greene County Emergency Management
Annual Report
Dayton Chamber of Commerce Newsletter
RE: Home Inc.- Letters from
Sue Abendroth, Stan Bernstein, Andi Adkins, Anita Koehler, Laurie
Dreamspinner, Kathy Austin, Al Schlueter, Rubin Battino, Susan Stiles,
Fred Bartenstein, Elizabeth Porter, Hardy Trolander, Sam Bachtell,
Joan Chappelle, Robert Brecha, Dorothy O. Scott, Beth Bridgeman,
4-H Youth Development Agent, OSU Extension, Greene County, Xenia,
Mary and Jim Agna and
Tim Holyoke.
Resolution from Fayette County re: HDAP/Zachary’s Crossing
U.S. EPA re: Tremont city Landfill Site
Mayor’s Monthly Statement
Y.S. Chamber of Commerce Newsletter
Memo from Arnett re: Agenda Items
PUBLIC HEARINGS/ p LEGISLATION
Resolutions and Public Hearing #2003-60 & #2004-05. Support
to Home Inc. for HDAP. Alexander MOVED and Hardman SECONDED a MOTION
for APPROVAL of Resolution #2004-05, which is the revised resolution
that would give Council support to Home Inc for their application
to HDAP. Alexander explained that she had met with Marianne MacQueen,
Director of Home Inc. and other members of the organization to redraft
the resolution. Alexander reviewed the changes in the newer version
versus the former version. The significant changes included deleting
the reference to Council’s goals as they relate to increasing
housing within the Village, any reference to numbers of homes to
be built and with whom Home Inc, would partner with to produce the
homes. Home Inc. would be building homes and rehabilitating some
existing homes within the Village. Arnett thanked Alexander for initiative
in working with Home Inc. and producing a more fitting resolution.
Pitstick stated that this newer version eliminates some of the problems
he had with the language. He added that he supported this new resolution.
Hardman stated that she had no problem with the older version except
where it stated “full support”. She added that there
was no clear meaning to what that meant. She was fine with the newer
version. Hardman asked what would be gained by deleting the specificity
in the actual numbers of homes. Citing the number requirement for
prequalified home-buying applicants, Hardman suggested that it might
be necessary to leave them in.
MacQueen stated that Home Inc. now has the required number of prequalified
applicants they just need the houses.
Swinger stated that this situation was similar to the same situation
regarding the Patriot Act, were Arnett proposed a newer version of
the resolution, which was more inline with Council’s intentions.
She thanked Alexander and the members of Home Inc. Swinger then added
that because of her relationship with Starfish, which is also building
houses throughout the Village she felt there could be a conflict
of interest. So Swinger stated that she would abstain from the vote.
Alexander thanked everyone who had called and had written expressing
his or her thoughts and ideas regarding the resolution.
Arnett opened the public hearing. Don Hollister stated that this
was a good idea and Council should go ahead and vote.
Susan Stiles, Executive Director of Greene Metropolitan Housing
stated that it is a challenge to come up with the funds necessary
to make housing affordable. She added that HDAP was one of a few
sources that provide this type of assistance.
Hearing no further comments, Arnett closed the public hearing.
Jim Rose complimented and offered a debt of gratitude to Council
for their ability to solve this issue without any bitterness within
the community.
Hardman stated that initially she did not have enough data to make
an informed decision, but with MacQueen supplying the necessary information
she was able to find answers to her questions. She added that she
was glad to see other letters of support.
Pitstick further added that this demonstrates how to get more support
and cooperation to move forward.
The roll was called. The MOTION PASSED 4-0 with an abstention from
Swinger.
2nd Reading and Public Hearing of ordinance #2004-01 Annual
Appropriations. Pitstick MOVED and Swinger SECONDED a MOTION for
APPROVAL. Arnett thanked Hillard for providing Council with the direction
and the means to complete this process within such a shorten timeframe.
Hillard in turned thank Council for their working so hard through
the budget work sessions in order for him to prepare the final document.
Swinger gave words of appreciation to Hillard.
Arnett opened the public hearing. Don Hollister asked where the
funding would come for the match requirement for the Northern Gateway
project? Hillard explained that the money would come out of the reserve
funds. A portion of the funds would be set aside each year until
it was needed.
Hollister stated that there were other streets that could use some
repairs so was this the Northern Gateway project a good use of the
funds? He added that the plan as it is now is not the plan he had
seen and asked if copies of the newer plan would be made available
for review. He further added that he did not like the newer plan.
Swinger stated that the timeline for the fund being set aside was
over a few years and that the first phase of the construction would
be building the bridge structure. The second phase would be placing
the covered bridge onto that structure. Hollister asked was Council
voting on this tonight? Arnett answered no.
Peggy Erskine stated that she had attended the budget workshops
and was impressed with the work. She added that Council did a terrific
job.
Arnett stated he was pleased that there was a fit between continued
operations with continued revenue. He added that the repainting of
the water tower, which would cost $ 300,000, has to be done this
year. He further added that renovations at the public works facility
has been needed and was important to give the employees a healthy
environment in which to work. These are some of the items that need
serious discussion with the community.
Swinger added that she was glad to see that Hillard was able to
work out the additional payroll due for the 53 rd week. She stated
that some companies were having problems resolving this issue.
The roll was called. The MOTION PASSED UNANIMOUSLY.
Resolution #2004-01 OML Membership Dues & Legal
Advisory Fund. Appropriations for 2004. Pitstick MOVED and Alexander
SECONDED a MOTION for APPROVAL. The Ohio Municipal League offers
a strong voice for municipalities in the Ohio legislature. It also
keeps the municipalities informed on the latest developments within
the legislature and offers research assistance and training to local
municipalities.
Alexander stated that she had attended their annual meeting and
found it quite interesting. The cost of the dues is $680.00 and the
contribution to the Legal Advocacy Fund is $50.00. The MOTION PASSED
UNANIMOUSLY
Resolution #2004-02 Dayton Regional Haz Mat Response
Team Dues. Hardman MOVED and Swinger SECONDED a MOTION for APPROVAL.
The Dayton Regional Hazardous Materials Response Team offers assistance
in mitigation of accidental hazardous materials and responds to weapons
of mass destruction incidents. The cost of the dues is $376.10. The
MOTION PASSED UNANIMOUSLY.
Resolution #2004-03 MVRPC & Transportation
Committee Dues. Swinger MOVED and Alexander SECONDED a MOTION for
APPROVAL. The Miami Valley Regional Planning Commission addresses
present and future planning issues within the Miami Valley area.
The Transportation Committee addresses all transportation issues
in within the Miami Valley area. The MVRPC dues are $ 940.25 and
the Transportation Committee dues are $789.81. The MOTION PASSED
UNANIMOUSLY.
Resolution #2004-04 Greene County Emergency Management
Dues. Alexander MOVED and Pitstick SECONDED a MOTION for APPROVAL.
The County’s Emergency Management organization would assist
the Village in the event of a tornado or flood.
Sue Abendroth asked how were these organizations set-up and how
do they serve the Village. She suggested that this information could
be placed on the Village’s website for the benefit of the residents.
Hardman suggested that website links of these organizations could
be provided on the Village’s website.
Richard Lapedes asked if this organization would assist in natural
disasters as well as acts of terrorism? Arnett answered yes. The
MOTION PASSED UNANIMOUSLY.
CITIZENS CONCERNS
There were no additional comments from the audience.
SPECIAL REPORTS
Annual Report from Environmental Commission. Delaine
Adkins, Chair of the Environmental Commission presented their annual
report. Adkins announced that the Commission’s meetings were
the 2nd and 4th Thursday of each month. Adkins then reviewed the
accomplishments of the Commission during 2003. Some of the activities
included hosting the “A few Good, Green Homes in Y.S” event,
publishing news articles and posting flyers to promote a Street Swap
Weekend, sponsoring a booth at the spring Other Information, assisting
the Source Water Protection Committee, and working with the County’s
Health District on the Mercury Thermometer Exchange Program.
Adkins stated that there had been a high turnover of membership
during the past year and that the Commission presently has two vacancies.
This has caused some problems with the ability of the group to complete
their activities efficiently. She requested an amendment to the Environmental
Commission’s membership that would include up to two members
of the Commission could be residents of Miami Township.
Arnett suggested that Hardman, the Council liaison to the Commission
work with the Clerk to develop the proposed amendment.
Adkins then reviewed the EC’s Work Plan for 2004. The goals
included participation in the Village’s visioning process,
advise Council on appropriate topics such as moth control, using
the farmer’s market as a venue for education and continue support
for the Household Hazardous Waste Program.
Pitstick stated that he was impressed with the down to earth work
and the tasks that were accomplished by the Commission. He offered
support to the idea of adding Township residents as members to the
Commission.
Arnett asked that the Commission put in their tickler file the education
part of the Wellhead Protection Management Plan.
Hillard stated that EC member Debra Karns has been working with
him on the Solid Waste Committee. He added that was looking forward
to attending one of EC’s monthly meetings.
Adkins also stated that with a full complement of membership they
could do bigger activities.
Arnett asked if they had a copy of the Environmental Plan? Adkins
answered that the membership had received copies from the Clerk.
Peggy Erskine asked how much longer was the Mercury Thermometer
Exchange Program running. Adkins explained that the Village’s
participation is through Town Drug and the Program would end February
4th. She said that you should double bag the thermometer and take
them to Town Drug.
Council thanked Adkins and the Commission for their work.
Annual Report Records Commission. Deborah Benning,
Clerk of Council and Coordinator for the Records Retention Scheduling
Process reviewed the Records Commission Report. The Commission reviewed
a draft of the proposed email policy. The Village Solicitor would
review the draft and return it to the Clerk. The Commission agreed
to continue to discuss electronic record maintenance under the direction
of Bruce Cornett. Benning would begin the Records Retention process
by updating the Schedule for Council documents. Once this has been
completed, Benning would then work with Hillard to begin the same
process for the administrative offices. After which, Benning would
meet with the individual department heads and get them started with
their portion of the process. Benning also reported that Hillard
agreed to serve as Chair of the Commission and that the process should
be completed by July.
Upon reviewing the proposed email policy, Arnett noted that the
proposed policy was for usage only and not maintenance of such records.
Benning explained that this was the first step in addressing a much
larger issue.
Benning concluded by added that once the Retention Schedule had
been approved then staff could begin to dispose of unnecessary files.
She further added that this secondary process would go rather quickly.
Hillard thanked Benning for taking the lead in moving this process
forward. Arnett also thanked Benning.
OLD BUSINESS
Cable Advisory Panel Appointment. Alexander MOVED and Swinger SECONDED
a MOTION to REAPPOINT William Slattery to the Cable Advisory Panel.
Slattery’s term would be a five-year term. The MOTION PASSED
UNANIMOUSLY.
NEW BUSINESS
There were no items under New Business.
MANAGER’S REPORT
Hillard reported that the US EPA had notified the Village that
the Village could potentially liable for the release or threatened
release of hazardous substances, pollutants and contaminants at The
Tremont City Landfill Site.
Village Solicitor John Chambers stated that their firm had another
client who had received the same type of notice. He added that as
a customer of a waste disposal company, the Village could have indirectly
put something in this landfill at sometime. The next step is to determine
what was the Village’s contribution and appeal to the US EPA
for minimal participation. He added that all the contractors and
all of the municipalities were listed as having potential liability.
Pitstick inquired about the heavy inflows at the Waste Water Treatment
Plant due to the high volume of rain. Hillard stated that Troy Slone
had been dealing with “much inflows”.
AGENDA PLANNING
The next meeting of the Council of the Village of Yellow Springs
will be held at 7:00 p.m. on Tuesday, January
20, 2004 in Council Chambers, John Bryan Community Center,
100 Dayton Street.
Items for discussion at the January 20, 2004 meeting
are:
2nd Reading and Public Hearing Ordinance #2004-02
Amending
1226.11(a) and 1226.12
Ordinance re: Records Commission-Email Policy
Ordinance re: Design
Advisory Commission-Recommendations
Storm Water Update
Appointments to the Design Advisory Commission
(3)
Volunteer Recognition Event
Resolution re: Police Vehicle Purchase
FUTURE AGENDA ITEMS
Ordinance re: Library Commission (2/2)
Annual Reports - Commissions,
Committees and Boards
Park District Advisory Board Position
Bike Trail
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 Schedule (July)
The Y.S. Men’s Group would
host a meeting regarding their Strategic Plan March 27th from 9:30
am to 5 pm at Wright State University.
Council’s Goal Session
would be held tomorrow, Tuesday, January 6 th in Council Chambers
at 7 pm.
EXECUTIVE SESSION
Alexander MOVED and Swinger SECONDED a MOTION for an Executive
Session for a discussion regarding Litigation-Caboose with the Village
Solicitor John Chambers, in accordance with the Ohio Revised Code
#121.22(G)(3). The MOTION PASSED UNANIMOUSLY.
Pitstick MOVED and Swinger SECONDED a MOTION to ADJOURN from the
Executive Session. The MOTION PASSED UNANIMOUSLY.
ADJOURNMENT
Having no further business, Pitstick MOVED and Alexander SECONDED
a MOTION for ADJOURNMENT. The MOTION PASSED UNANIMOUSLY at 9:13 pm.
__________________________
Tony Arnett, President
__________________________
Deborah Benning, Clerk
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