Council
of the Village of Yellow Springs
Minutes
IN COUNCIL CHAMBERS February 22, 2005
CALL TO ORDER
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
Mills Lawn Elementary School’s rendition of School House
Rock will be performed on Saturday, February 12 th at 7 p.m.
and Sunday, February 13 th at 2 p.m. in the Paul Robeson Auditorium
at Central State University.
REVIEW OF THE MINUTES.
Review of the minutes from January 18, 2005 regular meeting. Swinger
MOVED and Hardman SECONDED a MOTION for APPROVAL as amended. The
MOTION PASSED UNANIMOUSLY.
Review of the minutes from January 31, 2005 special meeting. Pitstick
moved and Hardman SECONDED a MOTION for APPROVAL as submitted. The
MOTION PASSED, 4-0 with an abstention from Alexander.
REVIEW OF AGENDA
There were no changes to the agenda.
PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP-Ohio Newsletters
Dayton Chamber of Commerce Update
MVRPC Public Involvement Meeting – Air
Quality Conformity
Ohio Planning and Zoning Workshop
M.V. Communications Council’s
Newsletter
City of Celina: Letter and Resolution re: Gratitude to
Village’s
Electric Crew
Priscilla Moore: Xenia Avenue Bike Lane
Council on Aging Advisory Committee – 4th Quarter 2004 Report
Susanne Oldham – Request re: Speed Limit on Xenia
Ave (New
Business)
Y.S.I. re: Sampling of Monitoring Wells
Community Research Partners – Booklet “Average
Isn’t
Enough”
Greene County EMA re: Applicant Info for Federal Reimbursement (Manager’s
Report)
City of Hamilton – Thank
You to Village’s Electric
Crew
Public Notice – Final Issuance of Certification/Crosstowne
Properties, Ltd.
Index for 2004 Resolutions
Index for 2004 Ordinances
Minutes from 12/15/04 BZA Hearing
Robin Suites re: Water Bill Problem
Bruce Rickenbach re: PUD (See
Public Hearings/Legislation)
Village Solicitor re: Amnesty Provision
(See Resolution #2005-10)
Chester, Willcox & Saxbe re: Customer
Disconnection Due Process (See Pending Items)
Hillard-YSI Community
Foundation re: TLT Smart Growth Weekend
MVRPC re: Air Pollution Advisory
Yolie & Berger Mayne re: Bike
lane on Xenia Ave.
PUBLIC HEARINGS/LEGISLATION
2nd Reading & Public Hearing of ordinance #2004-45 to
Repeal existing Chapters1262 and 1264 and adding new text for Chapter
1264. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL.
Planner Phil Hawkey submitted a memo outlining two amendments (1)
Delete the term: Active Farmlands” and replace it with “Agricultural
Uses: throughout the document and (2) Insert the word “by” in
front of the word “Council” in the 7 th line of 1264.05
(g). Pitstick MOVED and Alexander SECONDED a MOTION to ACCEPT the
amendments. The MOTION PASSED UNANIMOUSLY.
Arnett opened the public hearing. Audience member Pat Murphy stated
that he was impressed by the document and it was very positive for
the Village. Arnett closed the public hearing.
The roll was called on the ordinance. The MOTION PASSED UNANIMOUSLY.
Swinger thanked Planning Commission, Bruce Rickenbach, Phil Hawkey
and Rob Hillard for the joint effort in producing the document.
1st Reading & Public Hearing of ordinance #2005-03 Flexible
Spending Plan Fund and declaring an emergency. Pitstick MOVED and
Hardman SECONDED a MOTION for APPROVAL. Hillard explained that this
legislation added clarification of the benefit. Arnett opened the
public hearing. Hearing no comments the public hearing was closed.The
MOTION PASSED UNANIMOUSLY.
1st Reading of the ordinance #2005-04 Amending
Section 206.01 Service Contracts-Competitive Bids. Alexander MOVED
and Swinger SECONDED a MOTION for APPROVAL. Hillard explained that
this legislation formalized the Village’s current process for
contract services in access of $15,000. The MOTION PASSED UNANIMOUSLY.
The public hearing was scheduled for February 22 nd.
Resolution #2005-06 Purchase of Mini-Excavator.
Hardman MOVED and Alexander SECONDED a MOTION for APPROVAL. Hillard
explained that this equipment was more flexible and did less damage
to yards. It will also increase “inside work” capacity
by staff. The MOTION PASSED UNANIMOUSLY.
Resolution #2005-07 Tax Incentive Review Council.
Alexander MOVED and Hardman SECONDED a MOTION for APPROVAL. Council
appointed Rob Hillard and George Pitstick as its representatives
to the Review Council. The MOTION PASSED 4-0 with an abstention for
Pitstick.
Resolution #2005-08 Northern Miami Valley Local
Government Assn. Swinger MOVED and Alexander SECONDED a MOTION for
APPROVAL. This authorizes the Village Manager or his designee to
continue to represent the Village to this organization and to issue
dues payment of $263.27. The MOTION PASSED UNANIMOUSLY.
Resolution #2005-09 A/B Bike Path Connector, Parking
Lot, & Bridge. Pitstick MOVED and Swinger SECONDED a MOTION for
APPROVAL. This legislation verifies the Village’s participation
in the project. The Village’s contribution would be $117,975
(30%) of the cost. The project is slated for 2008. The MOTION PASSEDUNANIMOUSLY
Resolution #2005-10 Amnesty Provision for Tax Exempt
Property. Hillard explained that the Village has no appeals pending
and recommended that Council take no action. Council agreed.
Resolution #2005-11 Regional Planning and Coordinating
Commission of Greene County. Alexander MOVED and Pitstick SECONDED
a MOTION for APPROVAL. Council agreed to continue its membership
to this Commission at a cost of $711.96. The MOTION PASSED UNANIMOUSLY.
CITIZENS CONCERNS
Council recognized a local Scouts group who was in attendance as
part of the process for earning their merit badges.
Hillard would do a follow-up on a question regarding maintenance
of the bike trail.
SPECIAL REPORTS
Annual Report-Design Advisory Commission. Tod Tyslan current chair
of the DAC reviewed the report. Members David Battle and Sam Bachtell
were also present. Tyslan reviewed the past year’s activities
which included a sign for the “John Bryan Community Gallery,
signage issues on the Bike Trail and Rockford Chapel. The group also
met with the Y.S. Tree Committee and the Library Commission. They
also are considering the Northern Gateway project as an alternative
area for tribute trees. Tyslan also reviewed their 2005 Goals. (See
report).
Presentation from Y.S. Community Services. Executive
Director Pat Murphy introduced Megan Quinn who gave a presentation
to Council regarding “Peak Oil”.
Murphy then offered a review of Agraria, a prototype housing
development. Murphy asked that Council consider this housing concept
as a tool for future housing development in the Village.
OLD BUSINESS
Report- E. Enon Rd Electric Line Project. Daniel
Knott, P.E., Electrical Department Manger from the Poggemeyer Design
Group, Inc. gave presentation of the final design of this project.
The project would improve reliability of the electrical system by
improving the conductive possibilities, transferring more energy
and being able to loop-feed the system. Knott added that there would
be some tree removal and replacement. The tree removal would be necessary
for those trees in the right-of-way.
Knott had provided cost estimates for aboveground versus underground
placement. His report showed that underground placement cost prohibitive.
Council supported the aboveground placement and gave approval to
proceed with the bidding process.
Review of the Work plan. Council scheduled the forums on the following
dates: Monday, February 28 th, Wednesday, March 9 th and Tuesday,
March 15 th. All the forums will be held in the gym of the Bryan
Center and begin at 7 p.m.
Review of the Urban Service Boundary Map (Distributed
at last mtg.) Hardman MOVED and Pitstick SECONDED a MOTION to include
the Urban Service Boundary map as an attachment [in the appendices]
of the Comprehensive Plan. The MOTION PASSED UNANIMOUSLY.
NEW BUSINESS
Quarterly Zoning/Code Enforcement Activity
Report. Village Planner,
Phil Hawkey reported on the thirteen zoning permits, which included
6 building additions and 1 new single-family dwelling. He also reported
that the Board of Zoning Appeals granted a variance and denied an
appeal.
Code Enforcement Officer, Ed Amrhein reported that there were 3
notices sent to property owners to clear obstructed rights-of-way
and 5 notices sent to clear accumulations of brush and tree waste.
Susan Oldham- Request re: Speed Limit on Xenia Ave. The
Village Manager was directed to contact Ms. Oldham regarding her
request.
MANAGER’S REPORT
Proposed Utility Shut-off: Hillard had submitted
a copy of an ordinance by Chester, Wilcox and Saxbe
regarding utility shut-offs. Council will discuss this issue at their
March 7th meeting.
Letter from Robin Suites re: Water Bill Problem. Pitstick
noted that there have been consistencies on how water issues were
addressed in the past.
Suites was concerned that even though the water had been left on
by a neighbor while her family was vacationing and ran in her yard,
she should not be also charged for the sanitary sewer. She added
that her billed was estimated and the estimate was based on the continuing
running water charge.
Hillard explained that the Village would be instituting a Utility
Review Board to address any utility issue.
AGENDA PLANNING
The next meeting of the Council of the Village of Yellow Springs
will be held at 7:00 p.m. on Tuesday, February 22, 2005 in
Council Chambers, John Bryan Community Center, 100 Dayton Street.
Items for discussion at the February 22, 2005 meeting
are:
Library Commission Annual Report
Water Modeling Study
Planning Commission Annual Report
VMP Coordinator Agreement
2nd Reading and Public Hearing on Ordinance
#2005-04 Amending Section 206.01 Service Contracts-Competitive Bids
FUTURE AGENDA ITEMS
Customer Disconnection Due Process
Mowing Contract (3/21)
Economic Revolving Loan Fund Update (April)
Retention Basin Update
Annual Reports-Commissions, Committees & Boards
Parking Subcommittee
Report
Pole Contract Agreements
Conservation Easement for Well Fields
Annexation Policy Review
Disposition of Cabooses
Input into appointments to Commissions, Committee & Boards
EXECUTIVE SESSION
Swinger MOVED and Hardman SECONDED a MOTION to ADJOURN into Executive
Session for a discussion regarding Personnel-Appointments to Cable
Advisory Panel, Design Advisory Commission and Economic Revolving
Loan Fund Committee. This is in accordance with the Ohio Revised
Code #121.22(G)(1). The MOTION PASSED UNANIMOUSLY.
Swinger MOVED and Pitstick SECONDED a MOTION to RETURN to the General
Session. The MOTION PASSED UNANIMOUSLY.
GENERAL SESSION
Pitstick MOVED and Hardman SECONDED a MOTION to
APPOINT Steve Roe to the Cable Advisory Panel and to reappoint Karen
Wintrow to the Design Advisory Commission and Perry Stewart to the
Economic Revolving Loan Fund Committee. The MOTION PASSED UNANIMOUSLY.
ADJOURNMENT
Having no further business, Pitstick MOVED and Alexander SECONDED
a MOTION to AJOURN.
A full and complete set of these minutes is available for review
electronically. These tapes are kept permanently and can be requested
by referencing the date of the Council meeting.
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