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The Yellow Springs

Council of the Village of Yellow Springs

Minutes

IN COUNCIL CHAMBERS March 1, 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 as was the Village Manager Rob Hillard.

ANNOUNCEMENTS

3/22- 7:00 p.m. Joint Meeting with Planning Commission in Rooms A & B of the Bryan Center.

3/29- 7:00 p.m. Joint Meeting with Miami Township Trustees at the Township building, 225 Corry St.

REVIEW OF THE MINUTES.

Review of the minutes from February 17, 2004 regular meeting. Pitstick MOVED and Hardman SECONDED a MOTION for APPROVAL as amended. The MOTION PASSED UNANIMOUSLY.

Review of the minutes from February 28, 2004 special meeting-Financial Plan. 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
APPA 2004 Economic Development Workshop-Hillard will be attending this workshop.
YSI-Public comment period-506 S. High St.
Bob Barcus re: Parking amendments (Public Hearings/Legislation)
Aurelia Blake re: Human Relations Commission Application (Agenda Planning)
Douglas Bailey re: Environmental Commission Application (Agenda Planning)
Request for endorsement for Issue 7 (Council received this request to late so there was no action taken).
Miami Valley Cable Council Newsletter
Dayton Chamber of Commerce Newsletter
Memo from Arnett re: Agenda Items

PUBLIC HEARINGS/LEGISLATION

2nd Reading & public hearing of ordinance #2004-08 Amending the Traffic Code. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL. Arnett explained that these amendments would bring the Village’s Ordinances inline with the State’s legislation. Arnett opened the public hearing. Having no comments, the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

1st Reading of an ordinance #2004-09 Amendments to the Parking Code. Swinger MOVED and Alexander SECONDED a MOTION for APPROVAL. Prior to the motion, Arnett suggested and Council agreed to eliminate section 452.13 (g) (2). This would allow for all on-street parking to be two-hour parking except for the two spaces in front of US Bank, which would remain 30 minutes. After a lengthy discussion and having heard comments from several business owners within the Central Business District, Arnett reviewed an additional list of amendments to this ordinance. The amendments included: The Corry Street (Municipal Parking) Lot would be changed to two-hour parking rather than 24-hour parking, Monday through Saturday. Parking shall be prohibited for more than thirty minutes on the north side of Glen St. from Xenia Ave. to Keith's Alley and not more than two hours on the north side from Keith's Alley to 115 Glen St. Parking shall be prohibited for more than two hours on the south side of Glen St. 90 feet to 106 feet from the curb line of Xenia Ave. The three parking spots in front of the Post Office on Corry St. would be 15-minutes. All parking limits would be enforced from 8 a.m. to 6 p.m.

At the suggestion of Bob Baldwin, Council agreed to consider an expansion of the Keith Alley’s parking lot. Arnett suggested that this be place in the Capital Improvements Projects list.

A MOTION by Hardman and a SECOND by Alexander for APPROVAL of the amendments, PASSED UNANIMOUSLY. The roll was called on the first MOTION. That MOTION PASSED UNANIMOUSLY.

Council agreed to a suggestion by Pitstick to move the public hearing to the April 5 th Council meeting. This would allow more time for residents and business owners to review the amendments and offer comments.

1st Reading of an ordinance #2004-10 Sanitary Sewer Inter-Fund Loan. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL. Hillard explained that the loan from the Ohio Water Development Authority which was issued in 1987 for construction of the sanitary sewer be paid from the Bond Redemption Fund. The roll was called. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for March 15 th.

Resolution #2004-18 Awarding of Bid-Water Tower Painting. Pitstick MOVED and Hardman SECONDED a MOTION for APPROVAL. Wastewater Plant Supervisor, Troy Slone explained that this included the painting of the water tower, the protection of the surrounding area and workers, and proper removal and disposal of the debris, which would contain lead based primer particles. American Suncraft Construction Company’s bid was the lowest at $209,209. The MOTION PASSED UNANIMOUSLY.

Resolution #2004-19 Euphorbia Landscape-ERLF-Land Contract. Swinger MOVED and Pitstick SECONDED a MOTION for APPROVAL. Hillard explained that the owners of Euphorbia Landscape Maintenance, which has a balance owed on their Economic Revolving Loan has defaulted on their land contract agreement. This land contract was part of the collateral listed on the ERLF application. Hillard recommends that the Village’s interest in the land no longer exists and the true property owner be released from potential interest by the Village. The true property owner could then sell his property. The MOTION PASSED UNANIMOUSLY.

CITIZENS CONCERNS

There were no comments from the audience.

SPECIAL REPORTS

Ohio MuniTax with Jim Neusser. Neusser reviewed a list of 24 amendments and 15 questions he had drafted to the Village’s Income Tax (Chapter 880). Some of these changes are necessary due to changes in the State Code and other changes are a reflection of our tax collection being changed from the City of Dayton to RITA. A copy of Neusser’s report is available from the Clerk. After a brief question and answer session, Council agreed to have Neusser prepare the discussed recommendations into an ordinance format for a first reading at the next Council meeting.

Annual Report-Cable Advisory Panel. Jean Payne Chairperson for the Panel presented a list of accomplishments from the year 2003. She also reviewed topics from the Panel’s 2004 goal discussions. The goals will be finalized and added to their Rules and Procedures Policy. Payne reviewed future technology possibilities for Channel 13. Payne stated that the Panel would be presenting a capital equipment plan to Council. The plan would include long and short-term needs and requirements. A copy of this report is available from the Clerk of Council or the Cable Advisory Panel. Council thanked Payne for her presentation.

OLD BUSINESS

Financial Plan Update. This was covered in the special meeting minutes dated

February 28 th, which were approved at tonight’s meeting.

NEW BUSINESS

There were no items under New Business.

MANAGER’S REPORT

Phil Hawkey reported that he would be compiling a priority list of street repairs for review by Council. He also had received the Collective Bid information from the County regarding the chip and seal, overlay, guardrails, etc. replacement.

A full copy of Hillard’s report is available from the Administrative Office or the Clerk of Council.

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 15, 2004 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the March 15, 2004 meeting are:

Appointments to the Library Commission

Volunteer Recognition Update

Resolution re: Solid Waste Contract Extension

Report from the OML

1st Reading Amending Municipal Income Tax

Council directed the Clerk to continue to advertise the vacancies on the Environmental Commission.

Swinger announced the MVRPC Dinner was scheduled for April 14th.

FUTURE AGENDA ITEMS

2nd Reading and Public Hearing re: Parking (April 5 th)
Annual Report-Human Relations Commission (April 5 th)
Deficiencies in Code-Housing Standards (April 5 th)
Presentation-Department of Development/Housing
Resolution Awarding Bid-Baseball Diamond (May)
Resolution Awarding Bid-Public Works Facility (May)
Policy re: Utility Bills & Deposits
Environmental Commission (2)
Liquor Permit Holders – License Renewals
Appreciative Inquiry
Village Youth Recreation Program-Support
Greenspace Fund/Long-term Policy
Annexation Policy Review
Cable Franchise Agreement
Springfield Beckley Airport Zoning
Records Retention Policy (July)

EXECUTIVE SESSION

Alexander MOVED and Pitstick SECONDED a MOTION for an Executive Session to discuss Property-Future Sale in accordance with the Ohio Revised Code #121.22(G)(2). The MOTION PASSED UNANIMOUSLY.

Pitstick MOVED and Hardman SECONDED a MOTION to return to the General Session. The MOTION PASSED UNANAIMOUSLY.

ADJOURNMENT

Having no further business, Swinger MOVED and Pitstick SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANAIMOUSLY.

_______________________________

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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