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The Yellow Springs

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

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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