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Council of the Village of Yellow SpringsMINUTES IN COUNCIL CHAMBERS September 7, 2004 CALL TO ORDER President Tony Arnett called the meeting to order at 7:02 p.m. ROLL CALLTony Arnett, Mary Alexander, Jocelyn Hardman, George Pitstick and Denise Swinger were present. The Village Manager, Rob Hillard was also present. ANNOUNCEMENTSThe Annual Clean-Up is scheduled for the week of October 18 th. Leaf and Brush pick is the last Friday of each month. The bags and tags cost $1.50 each. The AACW Blues Festival begins Wednesday, September 8 th and runs through Saturday, September 11 th. The Partnership for Success Newsletter announced that they would be hosting a grant-writing workshop for nonprofit organizations on September 14 th in Xenia. REVIEW OF AGENDA There were no changes to the agenda. REVIEW OF THE MINUTES.Review of the minutes from August 16, 2004 regular meeting. Hardman MOVED and Alexander SECONDED a MOTION to APPROVE the minutes as amended. The MOTION PASSED 4-0, with an abstention from Swinger.
PETITIONS/COMMUNICATIONS The Clerk will receive and file: AMP-Ohio Newsletters PUBLIC HEARINGS/LEGISLATION2nd Reading and Public Hearing of Ordinance #2004-28 Sexually Oriented Businesses. Pitstick MOVED and Hardman SECONDED a MOTION for APPROVAL. Arnett opened the public hearing. Two students from Antioch College, Toni Severance and Levi Cowperthwaite expressed concern that this legislation would eliminate businesses that are sex-positive, promote sex education and support women positive organizations. They were also concerned that the legislation would force sexually oriented businesses to the fringes of the community. Council members assured the students that the legislation does not prohibit education but is does regulate location. Arnett explained that this legislation was developed from proven language drawn from heavy litigation regarding this topic. He added that municipalities that did not have such legislation in place addressing this issue were badly burned. The legislation does not keep this type of business out of the community, however it does keep it out of the residential areas. This legislation has gone through Planning Commission and the Village Solicitor has reviewed it. Arnett closed the public hearing. Swinger thanked Planner Phil Hawkey for his research and follow-up regarding this ordinance. The roll was called. The MOTION PASSED UNANIMOUSLY. 1 st Reading and Public Hearing of Ordinance #2004-34 and declaring an emergency. Amending the Time Warner Cable Franchise Agreement and Declaring an Emergency. Alexander MOVED and Pitstick SECONDED a MOTION for APPROVAL. Hillard explained that Time Warner had requested some language changes regarding the “subscriber complaint provision”. Arnett opened the public hearing. Cy Tebbetts asked does the Village have the right to argue price increases? Hillard explained that the Village does receive notice regarding price increases. Sue Clauser asked if there were other competitors available and would the phone operators be available? Hillard explained that Time Warner is the primary player and that customer service requirements are included in the contract. Arnett closed the public hearing. The roll was called. The MOTION PASSED UNANIMOUSLY. 1 st Reading of Ordinance #2004-35 Authorizing Village Treasurer Rep Appointments. Pitstick MOVED and Hardman SECONDED a MOTION for APPROVAL. Arnett explained that this legislation allowed for representatives of the Village Treasurer to deposit funds. The Charter states that this responsibility belongs to the Treasure, however because this is a part-time position the requirement is not practical. Alexander asked who would be the representative. Arnett explained that it is the Finance Director. The roll was called. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for September 20 th. Resolution #2004-44 Accepting Amounts, Rates & Authorizing Tax Levies. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL. This legislation is passed annually. The MOTION PASSED UNANIMOUSLY. Resolution#2004-45 Village Solicitor’s Employment Contract. Alexander MOVED and Hardman SECONDED a MOTION for APPROVAL. Arnett stated that the rate would remain the same. He added that the Village Solicitor, John Chambers has provided great service to the Village. Hillard offered support of the recommendation for continuing the employment agreement. The MOTION PASSED UNANIMOUSLY. Resolution #2004-46 Amp-Ohio JV2 Loan Payment. Hardman MOVED and Swinger SECONDED a MOTION for APPROVAL. Courtney & Associates, the Village’s Electric Financial Consultants, recommends in 2004, the Village pay $100,000 on the principal and $8,005 in interest to pay off the JV2 loan. By accelerating the payment the Village would save additional interest. The MOTION PASSED UNANIMOUSLY. Resolution #2004-47 Amending the Ohio Enterprise Zone Agreement for The Antioch Co. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL. Due to updates by the State in the language that is required in Enterprise Zone agreements, the recently passed Enterprise Zone agreement for the Antioch Company had to be amended. The amended agreement includes the new language but does not change the original agreement. The MOTION PASSED UNANIMOUSLY. Resolution #2004-48 Awarding Bid-Corry St./Keith Alley Sanitary Sewer Project. Pitstick MOVED and Alexander SECONDED a MOTION for APPROVAL. The bid was awarded to Big K. Excavating, Inc. of Springfield, Ohio. The bid amount of $21,372.00 is under budget. Phil Hawkey noted that the work will begin immediately and should be completed by the end of November. The MOTION PASSED UNANIMOUSLY. CITIZENS CONCERNS There were no comments from the audience. SPECIAL REPORTS There were no special reports. OLD BUSINESS Village Solicitor Opinion re: Green Space Fund. In his opinion, Chambers stated that the Village Council could authorize the expenditure of funds from the Greenspace-Green Belt Fund to use for developing a retention area on the Glass Farm. Arnett asked Council members if they wanted to use these funds for a detention basin on the Glass Farm. Alexander stated that she was in favor of the project but did not want to use this particular fund. Hardman stated that the Fund is not being replenished, so now Council has a dead fund. She is in favor of using the monies from this Fund for the detention basin. Hardman added that once the detention area was identified that Council could divest themselves of the remaining assets. Pitstick stating that although he was in favor of using the monies from the Fund, he would like to see the Fund replenished. He suggested that perhaps monies from selling parts of the Glass Farm could be used to replenish the Fund. He added that Council should protect the western area of the Farm, especially the Jacoby Creek area. Swinger supported the detention basin and using the Fund but added that she would like to keep the fund active and supported replenishing the Fund. Comments from the audience: Cy Tebbetts urged Council that if they were to use monies from the Fund that it be replaced. He also questioned how many individual property owners would benefit from the detention basin. Krista Magaw from Tecumseh Land Trust distributed information about their work in Clark County. She suggested that questions regarding the Fund and green space could be included in the services survey. George Bieri supported replenishing the fund. Bob Huston a resident questioned whether the Fund should be considered as a dead fund. He explained how important the Fund was in the saving of the Whitehall Farm. He supported using the Fund for this type or activity. Gordon Cowperthwaite stated that he did not like this cavalier use of the Fund. He added that it would benefit a small number of people. He further stated that this was a matter of integrity and the Fund was not intended for this type of use. Jean Payne commented that the Village is in a Catch 22 and must fix the drainage problem. Eve Fleck commented that there have always been drainage problems throughout the Village. Sue Clauser stated that there was no reason to use the Fund. She suggested that the Village plot off six lots on the Glass Farm, sell the lots and use the money to pay for the detention basin. Pitstick offered a commitment to replace the funds. He added that if each property owner were to pay for the detention basin that the cost would average $6,000 per property owner. He of course would not support individual property owners paying for the basin. Tia Huston suggested that if the Village were without green space then this would no longer be Yellow Springs. She supports replenishing the Fund. Anita Koeller asked why was this project more important than other projects? She suggested that if the Village were to use the money from the Fund that it be used for the project with the highest priority. Hardman MOVED and Pitstick SECONDED a MOTION to use the Green Space Funds (to pay) for the detention basin on the Glass Farm. Pitstick MOVED and Hardman SECONDED a MOTION to amend the MOTION to include that the question of “how and when” to replenish the Green Space Fund be put to the community as part of the 5-Year Financial Plan survey. Roll Call on the amendment: The MOTION PASSED, 4-1, Alexander voting no. Roll Call on the motion: The MOTION PASSED, 4-1, Alexander voting no. NEW BUSINESS Annexation Request-Fogg Property. Council has received an “expedited annexation” request for 39.180 acres (the Fogg property) in Miami Township from Flanagan, Lieberman, Hoffman & Swain, Attorneys-at-Law. Council scheduled the annexation legislation for the next meeting. MANAGER’S REPORT Hillard reported that because of the efforts of AMP-Ohio and the WASG, the Village has saved approximately $100,000 from the DP&L proposal, and approximately $25,000 from current charges. Hillard thanked AMP-Ohio and WASG for their great efforts. Hillard reminded Council and the audience that October 2nd was the date for the James McKee Way event. The event will be held in Duncan Park at the corner of Limestone and Dayton Streets AGENDA PLANNINGThe next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, September 20, 2004 in Council Chambers, John Bryan Community Center, 100 Dayton Street. Items for discussion at the September 20, 2004 meeting are: 5-Year Financial Plan Update Public Works Facility and Salt Barns Update Environmental Commission Appointments HRC Resolution re: Matricula Consular Awarding Bid-Baseball Diamond (Bid opening will be Monday 9/20 and the final draft of the resolution will be provided at the meeting.) 2nd Reading & public hearing: Ordinance #2004-35 Authorizing Village Treasurer Rep Appointments Annexation Request-Fogg Property Swinger announced that MVRPC would host a discussion on Local Government Funds Issues on September 30 th at 4 p.m. FUTURE AGENDA ITEMSResolution Awarding Bid-Electrical System Improvement (October) EXECUTIVE SESSIONADJOURNMENTHaving no further business, Pitstick MOVED and Swinger SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY at 9:30 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. |
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