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The Yellow Springs

Council of the Village of Yellow Springs

IN COUNCIL CHAMBERS August 1, 2005

CALL TO ORDER
President Tony Arnett called the meeting to order at 7:05 p.m.

ROLL CALL
Tony Arnett, Mary Alexander, Jocelyn Hardman and Bruce Rickenbach were present as was the Village Manager Rob Hillard. Denise Swinger was absent.

ANNOUNCEMENTS
Arnett presented Mary Alexander with a certificate of completion from the Municipal League Training Academy. Alexander completed the 40-hour Leadership Training Program.

The Regional Income Tax Agency will be canvassing local business to discuss RITA.

Arnett announced that he would not be seeking reelection and that he would be resigning his position on Council. Arnett and his wife Kathy will be making their home in Wisconsin sometime in September. Arnett urged residents to consider running for Council and reminded them that the filing deadline is August 25th. Arnett has been a member of Council since 1997.

REVIEW OF THE MINUTES.
Review of the minutes from July 18, 2005 regular meeting. Rickenbach MOVED and Alexander SECONDED a MOTION for APPROVAL of the minutes as amended. The MOTION PASSED UNANIMOUSLY.

REVIEW OF AGENDA
There were no additions to the agenda.

PETITIONS/COMMUNICATIONS

The Clerk will receive and file:
AMP-Ohio Newsletter
Sharon Potter re: RITA Canvassing Program
Lora J. Gischel, RITA re: HR 3452-Access to Federal Tax Information
OhioEPA re: YS Discharge Elimination System Permit for WWTP
Greene County Republican Party Cookout and Auction
Hillard to Time Warner Cable re: Summer Patrol
Greene County Public Library re: 1 Mill Levy
Ohio State Extension re: Leadership Program
Rumpke re: Disposal Fee Increase (Manager’s Report)
Ohio Public Safety re: 2004 Audit Requirement
Greene County Farm Bureau re: Annual Meeting
Miami Twp. Bd. of Zoning Appeals Conditional Use Hearing
Village re: Job Posting-Utility Services Worker II
Dr. Giddings, Antioch College re: Black History Tour Project
(Manager’s Report)

PUBLIC HEARINGS/LEGISLATION

2nd Reading of & Public Hearing of Ordinance #2005- 17 Amending 860 Solicitors and Itinerate Vendors. Alexander MOVED and Hardman SECONDED a MOTION for APPROVAL. This legislation authorizes the Village Police Dept. be the formal enforcement agency for solicitors and itinerate vendors.

Arnett opened the public hearing. Having no comments the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

2nd Reading of & Public Hearing of Ordinance #2005-16 Amending 252.01 Personnel Classifications. Alexander MOVED and Hardman SECONDED a MOTION for APPROVAL. This legislation reflects the changes to the Public Works Supervisor’s job description and the creation of the Public Works Foreman Job Classifications. Arnett opened the public hearing. Having no comments the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

2nd Reading of & Public Hearing of Ordinance #2005-15 Establishing a Furtherance of Justice Fund Rickenbach MOVED and Alexander SECONDED a MOTION for APPROVAL. This newly created fund puts into practice the policies and procedures that have been in practice within the Police Dept. regarding collections and disbursements of monies as a deterrent to combat crime. Arnett opened the public hearing. Having no comments the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

Resolution #2005-33 Municipal Insurance Alliance-Arch Insurance Rickenbach MOVED and Hardman SECONDED a MOTION for APPROVAL. Hillard explained that staff recommends the Municipal Insurance Alliance by Arch Insurance. He further explained that the staff had reviewed a public entity pool insurance program but felt that the limitations and liability regarding any buyout would need additional study and consideration. The MOTION PASSED UNANIMOUSLY.

Resolution #2005-32 Approving the Sanitary Sewer System Project/Engineering Rickenbach MOVED and Hardman SECONDED a MOTION for APPROVAL. Rickenbach explained that Planning Commission made this recommendation to Council because it was clear to them that they needed professional assistance in determining the capacity of the system to complete their study of the urban service area. Planning Commission also wants to know the capacity, load and impact further downstream.

Village Engineer John Eastman explained that this would not be an inflow and infiltration study, instead they would use existing data from the previous [1993] I and I Study.

There were two friendly amendments to this legislation. Correct zip code in the third whereas and in Section 1 and to delete Section 3. Section 3 referred to the fund that would pay for the study, but Council agreed that the Sanitary Sewer and the Wastewater Treatment funds should pay for the study. The MOTION PASSED UNANIMOUSLY.

Resolution #2005-31 Approving the Annual Clean-Up Rickenbach MOVED and Hardman SECONDED a MOTION for APPROVAL. The actual cost of the 2004 fall and the 2005 Spring Clean-ups were a total of $10,212.50, which would set the cost the annual fee at $6.80 per household. The MOTION PASSED UNANIMOUSLY.

CITIZENS CONCERNS
There were no comments from the audience.

SPECIAL REPORTS
There were no special reports scheduled.

OLD BUSINESS

Village Manager Search Committee Update. Alexander reported that the Committee would meet August 3 rd at 7p.m. in Council Chambers. The Committee would select a chairperson, edit the previous advertisement, review the guidelines and select three additional members. Rickenbach suggested that the Profile and Challenge Statement from the previous search be distributed to all committee members prior to their meeting.

NEW BUSINESS

Proceeds from sell of 1.010 Acre. Council will receive $57,500 from the sell of the 1.010 acres of the Glass Farm to Phillips-Brown Homes. A $1000 deposit was received and placed in the General Fund. Council discussed whether to place the funds either in the Greenspace Fund, the General Fund or a percentage of the $57,000 in each fund. Members of Council agreed that if the sell of the 1.010 acres concludes before the bid for the streambed restoration is awarded that the money would be temporarily placed in the General Fund and the final decision would be made later.

Planner/Code Enforcement Quarterly Report. Phil Hawkey and Ed Amrhein reviewed the report. Amrhein stated that the work on accessibility is ongoing and plans for a work bee have been implemented. The Village has received reimbursement for the demolition of the house on 329 N. High Street. There were 24 permits issued, two variances approved by the Board of Zoning Appeals and a public hearing held by the Planning Commission that approved the conditions to the final plat application of section one of the Birch III Subdivision. There were several enforcement issues addressed during this past quarter. See report for details.

Hardman thanked Amrhein for his many volunteer hours assisting the Environmental Commission.

MANAGER’S REPORT

Rumpke re: Disposal Fee Increase. Rumpke will be collecting an additional surcharge fee of $240.00. This is based on the current average tonnage rate of 160.44 tons per month. This amount reflects the actual $1.50 per ton increase on the disposal of municipal solid waste mandated by House Bill 66.

Dr. Giddings, Antioch College re: Black History Tour Project. Hawkey explained that that Geoffrey Jahawara Giddings, Ph.D., Associate Professor of Africana Studies at Antioch College has his class participating in a Village Black history tour project. Part of the project involves the placement of 15 commemorative historical markers at various areas in town. One of the locations includes Gaunt Park. Hawkey suggested and Council agreed that this should be forwarded to the Design Advisory Commission for their input.

Hillard’s Report. Hillard reported that the Village is soliciting bids for library improvements. The bids will be due August 15th and a recommendation to Council will be presented September 6 th.

Warner Cable Day was held at Gaunt Park Pool on July 20th. Time Warner gave away over 80 prizes. The event was a success.

The proposed amended noise ordinance has been referred to the Environmental Commission for a recommendation. The EC developed the original noise ordinance in 1975.

Police Chief John Grote met with Suzanne Schmidt from the Greene County Prosecuting Attorney’s Office stated that the Village had the best intervention record regarding misdemeanor drug arrests in Greene County. Grote attributed some of the department’s success to Police Officer Rich Miller and his knowledge and skill regarding the 4th Amendment.

Acting Mayor. Mayor David Foubert has requested that Council President Tony Arnett be named as Acting Mayor so that Arnett could replace Foubert for an August 20th event. Rickenbach MOVED and Alexander SECONDED a MOTION to appoint Tony Arnett as Acting Mayor. The MOTION PASSED UNANIMOUSLY.

Announcement: The Tecumseh Land Trust will host a walking tour of the Glass Farm August 13 th at 10 a.m.

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 15, 2005 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the August 15, 2005 meeting are: Employment Agreement with Village Solicitor John Chambers
Quarterly Financials
Treasurer’s Quarterly Report
Economic Revolving Loan Fund Quarterly Report
1st Reading & P.H. of Supplemental Appropriations Emergency Ordinance
Appointments to the Utility Dispute Resolution Board
Interim Village Manager Employment Agreement
Council Vacancy

FUTURE AGENDA ITEMS
Awarding Bid-Library Improvements
Ordinance re: Amending the Noise Ordinance
Marilyn J. Reid, President-County Commissioners re: Work Session
Permissive Tax/Street Paving Project Update
Marking 68 Bikeway
Caboose Report
Appointment to the BZA (2)
Conservation Easement for Well Fields
Resolution re: Stutzman Landscaping Lease
Appointment to HRC (1)
Parking Subcommittee Report (9/6)
Pole Contract Agreements
Annexation Policy Review
Phillips-Brown Homes/Thistle Creek Subdivision

EXECUTIVE SESSION
There was no Executive Session scheduled.

ADJOURNMENT
Having no further business, Hardman MOVED and Rickenbach SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY.

 

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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