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The Yellow Springs

Council of the Village of Yellow Springs

MINUTES

IN COUNCIL CHAMBERS May 3, 2004

CALL TO ORDER

Council President Tony Arnett called the meeting to order at 7:02 p.m.

ROLL CALL

Tony Arnett, Denise Swinger, Mary Alexander, George Pitstick and Jocelyn Hardman were present. The Village Manager Rob Hillard was also present.

ANNOUNCEMENTS

There were no announcements.

REVIEW OF THE MINUTES.

Review of the minutes from April 19, 2004 regular meeting. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL of the minutes as amended. The MOTION PASSED UNANIMOUSLY.

REVIEW OF AGENDA

Old Business – Volunteer Recognition (Alexander)

PETITIONS/COMMUNICATIONS

The Clerk will receive and file:

AMP-Ohio Newsletters
Hillard re: MLASC Other Information Parking
Hillard re: Bush/KKK Literature Drive
Miami TWP Well Field Protection & Ground Water Resources
Public Notice re: Ohio EPA-Wentworth Village
Cable Advisory Minutes
County EMA Mock Exercise
County Region Planning Minutes
County Farm Bureau Policy Development Resource Luncheon
County Soil & Water Conserv. Distr. re: Ditch Maintenance (Manager’s Report)
County Dept. of Development re: Development Block Grant (Manager’s Report)
Mike Breza: Letter & Petition re: Power Lines (Citizens Concerns)
MVCC Newsletter
MVCC Directory
OMEA 2004 Voluntary Assessment
Mayor’s Monthly Statement
Memo from Arnett re: Agenda Items

PUBLIC HEARINGS/LEGISLATION

1st Reading of Ordinance #2004-18 Library Surplus Furniture Transfer. Alexander MOVED and Swinger SECONDED a MOTION for APPROVAL.

Arnett reviewed the list of surplus furniture. These items were included on an inventory list in the library building dated October 11, 1978, and are currently in use in the library. The resolution places the items on the library’s inventory list permanently and demonstrates clear ownership. The roll was called the MOTION PASSED UNANIMOUSLY. A public hearing was scheduled for May 17, 2004.

Resolution#2004-24 Awarding Contract to Edwards and Kelcey re: Review of PUD and SPR in the Zoning Code. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL.

Hillard explained that this contract is a recommendation from the Planning Commission. Hillard further explained that this is not a budgeted item in the 2004 appropriations. It does however cover four goals from the Planning Commission’s work plan.

The Zoning Administrator/Planner Phil Hawkey supports the selection of Edwards and Kelcey.

Planning Commission Chair Bruce Rickenbach explained that the Commission in its recent experience found that the Site Plan Review was a very complex tool and was not necessarily the best tool for a small development that was being considered at the time. There have since been revisions to the code but this was just an interim step until a complete review of the Site Plan Review (SPR) and the Planned Unit Development (PUD) zoning could take place. Rickenbach further explained that Planning Commission did not necessarily have the skills and the time for such an extensive review. The Commission agreed and recommended that a consultant firm should be hired to review and make recommendations to the SPR and PUD.

Because this is not a budgeted item Arnett suggested that the consultant tailor the process to just the SPR and PUD and not overlay zoning, cluster housing, etc. These additional items were listed in the recommendations.

The roll was called. The MOTION PASSED UNANIMOUSLY.

CITIZENS CONCERNS

Mike Breza, an Enon Road resident, had presented Council with a petition to place the expansion upgrade of the electrical infrastructure scheduled for East Enon Rd., underground rather than above ground.

Hillard explained that before the placement of the electrical infrastructure takes place, there were many other steps that would happen first such as the professional survey, identification of the right-of-way, which poles would be replaced and the cost.

Mike “Zap” Applin, Electrical Supervisor for the Village stated that this item for above-ground wiring was budgeted at $53,000 and that the cost to “just bring in the wire” for an underground expansion was $67,000 and that did not include labor. Applin also explained that the new proposed electrical infrastructure would eliminate some of the electrical problems, increase reliability and provide alternative means of supplying electricity to other parts of the Village if there were an outage. Applin added that the Village is in the preliminary stages and are not ready to make any decisions about pole placement.

Council briefly discussed the advantages and disadvantages of underground versus above ground wiring.

Hillard addressing Breza’s concerns about the residents being updated regarding the decisions of the pole placement and explained that there would be opportunity for public feedback through periodic notices from his office.

SPECIAL REPORTS

There were no special reports.

OLD BUSINESS

Limestone St. - James McKee Way honorary designation. The Village Solicitor had informed Council that under home rule powers, the Village is entitled to establish a memorial roadway.

Council agreed to extend the designation from Dayton Street to Corry Street, which is the entire length of Limestone Street.

Council directed the Village Manager to prepare legislation for the next meeting that would provide for this name designation.

Antioch Dialogue Update. Arnett reported that he along with Rob Hillard, Carl Bush and Antioch representatives Jimmy Williams and Joan Straumanis met to discuss the recent events at Antioch, which led to a demonstration by the KKK in the Village. Arnett explained that not all of the activities at the college that were depicted by the news media were structured events. Arnett further explained that the dialogue encouraged him.

Hillard thanked Bush for his candid dialogue and Williams for his presence and contribution to the dialogue.

Village 5-Yr Financial Plan. Hardman presented a proposal from the Wright State University Center for Urban and Public Affairs (CUPA) for a survey of Village residents to determine “Citizen Perceptions of Public Services”. CUPA would conduct a telephone survey with Village residents that would measure satisfaction with village services and the expectations of the services and their relationship to the cost to the resident.

Hardman added that the 40-question survey would be done by telephone and take about 10 minutes per call. The data collection for the phone surveys would take approximately three weeks and the data analysis an additional two weeks.

Alexander asked if there would be a better response from Villagers if the survey were performed by Village residents rather than by CUPA?

Hartman felt that the answers given by residents would be less likely to be influenced by the interviewer if they were contacted by CUPA.

Arnett, Pitstick and Hillard would meet to discuss the funding for the survey and Hardman would draft a proposal to the Y.S. Community Foundation for funding for the survey activities.

Downtown Parking Sub-Committee. Hillard presented Council with a memo outlining a list of goals for this sub-committee as well as a list of residents that have requested membership to the sub-committee. The list of membership included Pam Adams, Mary Alexander, Jonathan Brown, Tom Gray, Jocelyn Hardman and Margaret Silliman.

Mary Alexander requested that her name be removed from the membership in order to have a non-business person join the sub-committee. She supported a broader representation of membership.

Volunteer Recognition. Alexander requested an update. The Clerk explained that the gold seals were in and that Arnett had sent the letter. The Clerk was presently sending out the letters with the proclamation honoring the Village’s many volunteers. Alexander requested and Council agreed that the list of volunteers be attached to the minutes in order to be a part of the public record.

NEW BUSINESS

Tower License Agreement-Logical Solutions. The Village had received a request from Bruce Cornett of Logical Solutions, to rent space on the water tower for the placement of an antenna. The rental fee being proposed is $500.00 per year and there would be a ten-year nonexclusive lease.

Arnett recused himself from the discussion due to his business relationship with Logical Solutions.

Cornett reviewed his plan and explained that a pole approximately 4’ would be place on top of the tower which would enable dedicated high-speed internet service to his users.

Pitstick suggested and Council agreed to direct the Village Manager to investigate what other communities are doing, how they implement this, the cost and success rate of this type of venture.

MANAGER’S REPORT

Ditch Maintenance. The Greene Soil and Water Conservation District sent out a memo explaining their Ditch Maintenance Program. The program provides maintenance of the agricultural drainage ditches in the County. Hillard explained that the maintenance of the Yellow Springs-Whitehall ditch would cost the Village about $20.00 year.

Pitstick expressed concern that of the 263 uncollected utility bills 252 were from renters. He stated that the Village is supplementing renters and asked how the Village handles utility deposits. Hillard would ask the staff for suggested options and he would also check with the Village Solicitor regarding any legal recourse the Village might have.

Senior Citizens Center suggested that the Village consider donating one of its surplus vehicles for use by the Center. This type of program is available for the center in Fairborn. Hillard explained that the vehicles have had extensive use and would need costly repairs by the Village if they were to be used for the center.

AGENDA PLANNING

The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, May 17, 2004 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the May 17, 2004 meeting are:

2nd Reading and public hearing #2004-18 Library Equipment Surplus Resolution re: Time Warner Franchise Agreement

1st Reading of an ordinance amending Limestone St./James McKee Way honorary designation

Ohio Municipal League Conference Report (Alexander)

Resolution re: Vehicle Surplus

1st Reading of an ordinance Amendment for the BZA 1242.06(a)(2)

1st Reading of an ordinance Amendment for Planning Commission 1242.05 (f)(6)

FUTURE AGENDA ITEMS

Logical Solutions Agreement (June)
1st Reading Amending the Village’s Ordinances (June 19th)
Appointment to Planning Commission (1)
Appointment to Environmental Commission (1)
Resolution Selling Real Estate-Sharp
Resolution Awarding Bid-Street Projects
Resolution Awarding Bid-Baseball Diamond
Resolution Awarding Bid-Public Works Facility
Resolution Awarding Bid-Solid Waste Contract (June)
Ordinance Adjusting Solid Waste Rate (June)
Approval of the Tax Budget (June)
Goal Review: Council, Manager, Clerk (June)
Ordinance Approving Codification of Ordinances (June)
Report from Village Treasurer (July 19th)
Records Retention Policy (July)
2nd Quarterly Financials (July 19th)
Resolution Awarding Bid-Electrical System Improvement (July)
Zoning/Code Enforcement Quarterly Report (July 1.)

Springfield Beckley Airport Zoning – Public Hearing is scheduled for Thursday May 13th at 6:30 p.m. in the Bryan Center.

Policy re: Utility Bills & Deposits (June 7th)
Annexation Policy Review

EXECUTIVE SESSION

Hardman MOVED and Alexander SECONDED a MOTION for an Executive Session for a discussion on the purchase of property in accordance with Ohio Revised Code #121.22(G)(2). The MOTION PASSED UNANIMOUSLY.

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

ADJOURNMENT

Having no further business, Hardman MOVED and Pitstick SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY at 8:50 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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