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The Yellow Springs

Council of the Village of Yellow Springs

MINUTES

IN COUNCIL CHAMBERS July 6, 2004

CALL TO ORDER

President Tony Arnett called the meeting to order at 7:02 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 June 21, 2004 regular meeting. Swinger MOVED and Alexander SECONDED a MOTION for APPROVAL as amended. 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
Letter from Michael Breza re: Power Poles and Lines on East Enon Rd. (Via certified mail) (Forwarded to the Village Solicitor)
RITA re: HB 127-Treatment of Pass Through Income from S-Corps. (Forwarded to the Village Solicitor)
Dayton Chamber of Commerce Update
Time Warner re: FCC Form 1205 CableCARD Lease Rate
Y.S. Chamber of Commerce re: Business After Hours
Sketch of a design for signage for the Bryan Gallery
Letter to Miami Township Trustees re: Oil Recycler
YSI Well Monitoring Report
Amp-Ohio Economic Development & Utility Marketing Workshop
Mayor’s Monthly Statement
Village Manager’s 2003 Evaluation
Arnett Meeting Memo

PUBLIC HEARINGS/LEGISLATION

Resolution #2004-35 Tower Agreement with Logical Solutions. Council’s Vice President, Denise Swinger chaired this discussion. Council President Tony Arnett recused himself from the discussion. Alexander MOVED and Pitstick SECONDED a MOTION for APPROVAL. The Village Solicitor amended the original agreement adding the previous suggestions from Council. Bruce Cornett, owner of Logical Solutions has agreed to the amended agreement. The rent would begin at $500 per year with two lease renewals.

Council agreed that language regarding Workmen’s Compensation and a Performance Bond, including the amount of the bond be included in the agreement.

The MOTION PASSED UNANIMOUSLY with an abstention from Arnett. (See Agreement for details.)

Resolution#2004-36 Amending the 2005 Tax Budget. Swinger MOVED and Hardman SECONDED a MOTION for APPROVAL. This amended legislation was necessary in order to include the 2005 Debt Schedule. The MOTION PASSED UNANIMOUSLY.

Resolution #2004-37 Awarding Bids on Surplus Property. Pitstick MOVED and Alexander SECONDED a MOTION for APPROVAL. The Village awarded bids for six surplus vehicles. The awards ranged from $200 to $3637.99. The funds would be credited to the General Fund. The MOTION PASSED UNANIMOUSLY.

CITIZENS CONCERNS

Tom Vondruska complimented Village staff for their efforts in keeping sidewalks cleared.

SPECIAL REPORTS

There were no special reports.

NEW BUSINESS

Petition re: Sidewalk Request for the south section of King St. to Dayton St. Denise Swinger, a King St. resident, recused herself from this discussion. The petition was signed by residents of King Street and Kingsfield Court.

Hillard explained the process of how petitions such as these are handled. Hillard further explained that the sidewalk extension would be $5000. This pricing does not include any tree removal, drainage and curbing. The Village would also have to investigate any right-of-ay issues before any work could begin.

Alexander asked if, the lack of this section of the sidewalk was an oversight when the area was developed? Hillard explained that the additional sidewalk could have been outside the original project area but he was not sure.

Joseph Giardullo the petition organizer explained that the petition was being presented at this time in order to include it for consideration before the street is repaved. He explained that it is a health and safety issue for pedestrians, bicyclists and vehicles. He requested that if it were not possible to lay a sidewalk before school starts that perhaps the Village could cut back the bushes and trim the trees in that area in order to provide better vision for all who use King St. Giardullo distributed photos of the area in question which gave support to his petition.

Jim Grote, Rebecca Mark, Brian Chase and other King St residents all spoke in support of the sidewalk extension.

Council agreed that Hillard would draft a proposal for the sidewalk extension, have staff address the drainage issue immediately and see to the trimming of the bushes and trees this week. The property owners would be assessed for the cost of the sidewalk while the Village would be financially responsible for the drainage work, bush and tree trimming and the curb.

From a suggestion by Hardman, Council further agreed to also have Hillard research the history of the sidewalk extension on Allen St. and begin communications with the King St. property owners

Council supports this project being completed during this construction period.

OLD BUSINESS

Recommendation from Planning Commission-WPP/Conservation Easement. Pitstick suggested that the easement should be written so that if the Village no longer has the water utility that the easement could become void. This would enable future development of the area if so desired.

Hillard added that the easement would also need language that would allow for any improvements to the existing water plant, which is located in the 53-acre well field area. Council agreed to have Hillard begin the work on a conservation easement.

Policy re: Utility Bills and Deposits. Hillard explained that the uncollected utility bills were from rental properties and that deposits were not required for a homeowner. He also explained that some landlords do offer a surety for payment for their tenants so that the tenants do not have to pay deposits.

Council discussed the amount of deposits, the timeframe for collection, the role of the property owner in the collection process and when should shut-offs occur.

Council agreed to consider an increase the deposit ranging from $200-$250, to not return the deposit if a bill is still due, and to investigate a tiered deposit program for electric. ouncil also supported shut-offs at the end of 70 days from the date sent in the summer and 90 days in the winter. Council further agreed to add in the cost for staff time to go to the property to do the shut-offs and shut-ons.

Hawkey will get information on a tiered program that is in place in Celina and will give that information to Council.

Hillard will begin drafting the new policy to include these suggestions. Council will continue to discuss this issue when the draft is complete.

Solid Waste: Brush Pick-Up and Spring Clean Up. Swinger expressed concern regarding the Bag and Tag Program for the Brush Pick-Up because some residents may find this too difficult a physical task to accomplish.

After a brief discussion, Council agreed to have the yearly cleanup in the fall and charge an estimated fee of $9.00, which would be billed in the month of the event.

Council also agreed to institute the Bag and Tag Program for brush and leaf pick-up. Rumpke would pick up the bags on the last Friday of the month. Residents can purchase the bags at the Utility Office for $1.50 each. This program is open to solid waste customers of the Village.

Community Round Table-Public Information Campaign. Arnett reported that the Y.S. Board of Education would have their discussion regarding their contribution on Thursday, July 8 th and the Miami Township Trustees would discuss their contribution at their next meeting tomorrow.

Swinger added her support, Hardman agreed to the amount between $3,000-$5,000. Alexander supporting the contribution, asked about the affordability of the Village’s contribution. Hillard stated that the funds would be available if Council wishes to proceed.

Arnett suggested an initial contribution of $3,000. Pitstick MOVED and Alexander SECONDED a MOTION of a $3,000 contribution by the Village. The MOTION PASSED UNANIMOUSLY.

NEW BUSINESS (continued)

Goal Review of the Clerk of Council. The Clerk of Council, Deborah Benning gave an update on her goals for 2004. Most of her attention has been on the Village’s Records Commission and the Village’s Records Retention and Disposition Policy. She reported that the Village Manager had completed his Retention Schedule. She will continue to work with each department to develop their individual department schedules.

Benning also reported that she is working with Administrative Assistant, Roxie Potts, the Village’s technical person, Bruce Cornett and Norman Minney from the Business Equipment Company on a new photocopier that has scanning possibilities. This would aid in records retention and archiving of Village documents.

The Clerk indicated that she would like to attend the Ohio Municipal League Conference at the end of September and the Ohio Municipal Clerk’s Program in October.

MANAGER’S REPORT

Hillard reported that Phil Hawkey is working on the application to be submitted for an Issue 2 Grant to complete the Dayton Street Sanitary Sewer and Street project. He also reported that the Village had not received any Estate taxes this fiscal year.

Hillard had submitted a sketch for signage of the Bryan Center Gallery. The gallery is located on the second floor of the Bryan Center.

Hillard informed Council that the pretrial hearing for the Gypsy Café was held June 25 th. The trial date has been scheduled for July 21st.

Pitstick asked, when the swimming pool is emptied where does the water go? Hillard stated that the water would go through the storm sewer, however it is now customary not to empty the pool in its entirety.

Alexander requested an update on the West Nile Program. Hillard would speak with the Greene County Health Department and report back to Council.

Arnett and Alexander attended the Greene County Commissioner’s meeting on June 29th regarding the Antioch Company’s tax abatement request. The Commissioners were complimentary to the Council for their work with the Antioch Company and the Y.S. School Board.

George Pitstick announced that he would be absent for the July 19th Council meeting.

AGENDA PLANNING

The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, July 19, 2004 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the July 19, 2004 meeting are:

Goal Review of the Village Manager
Report from the Village Treasurer
2nd Quarterly Financials
Economic Revolving Loan Fund Update
Zoning/Code Enforcement Quarterly Report
Resolution Awarding Bid-Fuel Services
Resolution Supporting Issue 2 Grant for Dayton St.

FUTURE AGENDA ITEMS

Appointment to Environmental Commission
Annexation Policy Review
1st Reading Amending the Village’s Ordinances
5-Yr Financial Plan-Funds from Green Space Fund for Drainage
Improvements on the Glass Farm (August 2nd)
Resolution Awarding Bid-Electrical System Improvement (August)
Resolution Awarding Bid-Street Projects (August)
Resolution Awarding Bid-Baseball Diamond (August)
Resolution re: Village Solicitor Employment Contract (August)
Resolution Awarding Bid for Public Works Facility (August)
Resolution Accepting Amounts & Rates & Authorizing Tax Levies (September)
Conservation Easement for Well Field
Resolution re: Utility Deposits and Delinquent Notices
Resolution re: Spring Clean Up
Resolution re: Brush and Leaf/Bag and Tag

EXECUTIVE SESSION

In accordance with the Ohio Revised Code #121.22 (G)(1) Personnel-Appointment to Planning Commission. Alexander MOVED and Swinger SECONDED a MOTION to ADJOURN into Executive Session. The MOTION PASSED UNANIMOUSLY at 9:05 p.m.

Pitstick MOVED and Alexander SECONDED a MOTION to RETURN to the General Session. The MOTION PASSED UNANIMOUSLY at 9:43 p.m.

GENERAL SESSION

Pitstick MOVED and Swinger SECONDED a MOTION to APPOINT Steven Deal to Planning Commission. This is for a five-year term. The MOTION PASSED UNANIMOUSLY.

ADJOURNMENT

Having no further business, Swinger MOVED and Hardman SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY at 9:44 p.m.

______________________________

Tony Arnett, President

______________________________

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.

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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