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The Yellow Springs

Council of the Village of Yellow Springs

MINUTES

IN COUNCIL CHAMBERS July 19, 2004

CALL TO ORDER

Vice President Denise Swinger called the meeting to order at 7:02 p.m.

ROLL CALL

Denise Swinger, Mary Alexander and Jocelyn Hardman were present, as was the Village Manager, Rob Hillard. George Pitstick was absent from the meeting. Council President Tony Arnett joined the meeting at 7:09 p.m.

ANNOUNCEMENTS

The Clerk announced that she had received a copy of the 2nd Quarter 2004 Progress Report on Vernay Laboratories, Inc. She also received a copy of the Resource Conservation and Recovery Act -CA725 Environmental Indicators Report on Vernay Labs which was prepared by ENVIRON. Both reports are available for public review.

Hardman announced that the on July 21st at 7 p.m. the Human Relations Commission would have guest speaker, Rosa Caskey from the League of United Latin American Citizens (LULAC). Caskey would be presenting information about the Matricula Consular Identity Card Program.

Hillard announced that the first Leaf and Brush Pick Up would begin Friday, July 30 th. Bags and Tags for this program are available at the Utility Office for $1.50 each.

Swinger announced that the Greene Trails Cyclists Classic would be held Friday, July 23 rd. The cyclists are scheduled to arrive around noon.

Swinger also announced that she would be absent from the August 2nd and 16 th Council meetings.

Arnett joined the meeting.

REVIEW OF THE MINUTES

Review of the minutes from July 6, 2004 regular meeting. Swinger MOVED and Alexander SECONDED a MOTION for APPROVAL of the minutes as amended. The MOTION PASSED UNANIMOUSLY.

REVIEW OF AGENDA

Hillard asked and Council agreed to add Litigation regarding the Gypsy Café to the Executive Session.

Hillard added that Bob Simmons might stop in this evening, if his schedule permitted, to talk about Natural Gas Aggregation.

PETITIONS/COMMUNICATIONS

The Clerk will receive and file:

AMP OH Newsletter(s)
Paul & Sue Abendroth re: Renter’s Delinquent Utility Bills
Community Resources Monthly Operating Statement
OMEA Legislative Report
Debra Karns re: Term Ending of EC
Dayton Chamber of Commerce Program Update
OML Conference Registration
Ohio Certified Public Manager Program Application
Natural Gas Aggregation Pricing (Manager’s Report)
Xenia Township Trustees-Y.S. Well fields-One Yr Time of Travel
Arnett’s Memo

PUBLIC HEARINGS/LEGISLATION

Resolution #2004-38 Supporting Issue 2 Grant for Dayton St. Alexander MOVED and Hardman SECONDED a MOTION for APPROVAL. Arnett explained that this was the third part of a long-term project that was started five years ago. This project would improve service and increase capacity for the western area of the Village. This calls for a 26% local match, which would be $156,000 of the total $600,000 grant. If approved, the project could begin in the summer of 2005.

Arnett added that the Miami Township Trustees are currently discussing whether to contribute to this project. The project area is situated within the territories included in the Cooperative Economic Development Agreement between the Village and Miami Township. The roll was called. The MOTION PASSED UNANIMOUSLY.

CITIZENS CONCERNS

There were no comments from the audience.

SPECIAL REPORTS

Report from the Mike Haffner from TEC-2005 Traffic Signal Project. Haffner reviewed the scope of the project explaining the upgrading of the existing traffic signal installations, design of the new traffic signal installation at State Routes 68 and 343, and interconnection of traffic signals on Xenia Ave. (A copy of this report is available from the Clerk). Haffner explained that all four of the traffic signals would be coordinated to reflect the activity of each of the other signals. The project would begin in the summer of 2005.

Report from the Village Treasurer, Charlotte Collins. Collins reviewed the Village’s investment activity over the last 12 months. (Report on file.) She will be meeting with personnel from US Bank to review options that may be appropriate for the Village. Collins suggested moving funds from the Sweep Account to the Star Ohio account for a better interest rate. Collins added that the Village’s Investment Policy does not need any changes at this time. Collins further added that although she does have a C.P.A. that she is still required to take classes provided by the Ohio Auditor’s Office. These classes would allow Collins more versatility when investing Village funds.

OLD BUSINESS

Ordinance re: Sexually Oriented Businesses (Pending legislation). Planning Commission forwarded this recommendation to Council after they held their public hearing. The Commission also forwarded a list of sub-issues the Council might want to discuss further before adopting this legislation. (See map.)

Arnett explained that the Village cannot keep this type of business out of the Village but Council can legislate where these businesses are located.

Jean Payne asked if there had been a consideration for small private day care centers? Arnett explained that the Commission did take into account the larger day care center, but suggested that small private day care centers be a consideration before the final language is adopted.

Council agreed to have first reading on this ordinance at their next Council meeting, which is scheduled for August 2nd.

NEW BUSINESS

Zoning/Code Enforcement Quarterly Reports. Zoning Administrator/Planner Phil Hawkey reviewed the 2004 First Quarter Report. There were nine permits issued. The Board of Zoning Appeals approved a variance granting minimum lot area for dividing a larger lot into two smaller lots, granted a special exception to parking for professional use, approved expansion of a nonconforming use and approved a variance to a rear setback for attached garage.

There also were two letters sent to owners of abandoned, dilapidated homes and one order for a complete demolition project.

Ed Armheim, Assistant Planner/Code Enforcement reviewed the 2004 Second Quarter Report. There were a total of 26 permits issued; 2 for accessory buildings, 7 for additions, 1 for commercial accessory, 1 for commercial fencing, 3 for decks, 7 for residential fences, 1 industrial addition, 1 pool, 4 signs, 6 single family dwelling and 1 use change from retail to restaurant.

The Board of Zoning Appeals held four public hearings. There were several items of enforcement included in the report.

Armheim stated that he has been working closely with the Greene County Health District and they in turn have been doing follow-ups on abandoned and dilapidated homes. (Report on file.)

MANAGER’S REPORT

Hillard reported that the Xenia Township Trustees has included the one-year time of travel of the Village well fields as a zoning district boundary on the map in the Greene County Recorder’s Office.

Hillard informed Council that the award for the fuel services bid would be available at the next Council meeting.

Police Chief Carl Bush, through grant applications and donations has secured automated external defibrillators for all of the police cars as well as one for the Bryan Center.

Bush also extended thanks to all of the police personnel and the fire and rescue personnel who aided the Village police during the automobile accident in downtown Yellow Springs last week.

Hillard further reported that the Village had closed on the house at 1274 State Route 343.

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
Alexander Reg. Planning & Coord. Comm. Greene Cty. (On file)
Pitstick Planning/Bike Comm./N. Gateway Commission (On file) The funds for the Northern Gateway Project could be available earlier than the 2008 date.
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, August 2, 2004 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the August 2nd meeting are:

5-YR Financial Plan-Funds from Green Space for Drainage
Improvements on the Glass Farm
2nd Quarterly Financials
Economic Revolving Loan Update
ResolutionAwarding Bid-Fuel Services
Resolution re: General Liability Insurance
1st Reading of Ordinance re: Sexually Oriented Businesses

FUTURE AGENDA ITEMS

Conservation Easement for Well Fields
Resolution re: Utility Deposits and Delinquent Notices
Resolution re: Annual Clean Up
Appointment to Environmental Commission (2)
1st Reading Amending the Village’s Ordinances
Annexation Policy Review
Natural Gas Aggregation
Resolution Awarding Bid-Electrical System Improvement (Aug. 16th)
Resolution Awarding Bid-Baseball Diamond (August 16th)
CUPA Presentation re: Survey (August 16th)
Public Works Facility & Salt Barn Bids (August 16th)
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-Walnut Street Projects (October)

EXECUTIVE SESSION

Alexander MOVED and Swinger SECONDED a MOTION for an Executive Session for discussions of Personnel-Goal Review of the Manager and Court Action-Litigation-Pending regarding the Gypsy Café. This was in accordance with the Ohio Revised Codes Ann. #121.22(G)(1) and #121.22(G)(3). The MOTION PASSED UNANIMOUSLY

Swinger MOVED and Pitstick SECONDED a MOTION to return to the General Session. The MOTION PASSED UNANIMOUSLY.

Council then heard a brief presentation from Bob Simmers of AMP-Ohio regarding natural gas pricing. Council will discuss this issue at a later date.

ADJOURNMENT

Having no further business, Pitstick MOVED and Hardman SECONDED a MOTION for ADJOURNMENT. The MOTION PASSED UNANIMOUSLY at 9:30 p.m.

_____________________________

Tony Arnett, President of Council

_____________________________

Deborah Benning, Clerk of Council

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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