Council of the Village of Yellow Springs

IN COUNCIL CHAMBERS June 20, 2005

CALL TO ORDER
President Arnett called the meeting to order at 7:02 p.m.

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

ANNOUNCEMENTS
The Clerk of Council announced that the updated Nominating Petitions for elected office were available. Copies of the petitions can be obtained from the Clerk, the Council bulletin board outside Council Chambers and the Greene County Board of Elections.

REVIEW OF THE MINUTES
Review of the minutes from May 23, 2005 special meeting. Rickenbach MOVED and Alexander SECONDED a MOTION for APPROVAL of the minutes as submitted. The MOTION PASSED UNANIMOUSLY.
Review of the minutes from June 6, 2005 regular meeting. Swinger MOVED and Hardman SECONDED a MOTION for APPROVAL of the minutes as amended. The MOTION PASSED UNANIMOUSLY.

REVIEW OF AGENDA
There were no changes to the agenda.

PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP OH Newsletter(s)
Ruth Bayless re: First Baptist Church re: Selling food items-Gaunt Park
City of Moraine 40th Birthday
Beavercreek Historical Home and Garden Tour
Jerry Sutton re: BZA Application
Solid Waste Mgmt. Policy Committee Minutes
Marilyn J. Reid, President-County Commissioners re: Work Session (Agenda Planning)
OML Legislative Bulletin (Manager’s Report)
State Budget Bill Update (Manager’s Report)
Ohio EPA re: Public Notice-Nat’l Pollutant Discharge Elimination Sys.
Design Advisory Minutes
Ohio Municipal Electric Assn. re: 2005 Voluntary Assessment
Memo from Clerk of Council re: PC-Election to Chair (New Business)
Village Solicitor re: Opinion-Conflict of Interest
R.I.T.A. Election Results

PUBLIC HEARINGS/LEGISLATION

2nd Reading and Public Hearing Ordinance #2005-09 Supplemental Appropriations.
Rickenbach MOVED and Alexander SECONDED a MOTION for APPROVAL. Hillard gave a brief overview of the documents. Arnett opened the public hearing. Having no comments, the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

2nd Reading and Public Hearing Ordinance #2005-10 Allocation of Income Tax Residual Balance.
Alexander MOVED and Swinger SECONDED a MOTION for APPROVAL. Hillard explained that this ordinance allowed the residual balance from the Income Tax Fund to be transferred to the General Fund. Arnett opened the public hearing. Having no comments, the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

1st Reading of Ordinance #2005-11 Amending 452.13(g)(2) Limited Parking Xenia Avenue.
Swinger MOVED and Alexander SECONDED a MOTION for APPROVAL. Hillard explained that the two-hour parking spaces from Short Street to Glen Street on the east side of Xenia Avenue were not included in the ordinance.

Rickenbach asked for a friendly amendment to add the words “full force” in Section 2. Swinger and Alexander agreed. The roll was called. The MOTION PASSED UNANIMOUSLY. A public hearing was scheduled for July 5th.

1st Reading of Ordinance #2005-12 Birch III Subdivision.
Because Arnett is President of the Glen Helen Association, who is currently in negotiations with Purple Sage, the owners of the Birch III property, Arnett recused himself from the discussion. Vice President Denise Swinger chaired the discussion.

Rickenbach MOVED and Hardman SECONDED a MOTION for APPROVAL. Rickenbach asked for a friendly amendment in Section 1, which would read: Final Plat and not preliminary plat. Hardman agreed to the amendment.

Hillard explained that Planning Commission had held several discussions and had also held a public hearing on this subdivision request.

Rickenbach added that the list of conditions and other information were spelled out in the Planning Commission minutes. Those conditions have been addressed within the current plans. He added that Planning Commission is currently satisfied with the design of the streets but may request a change after the development of Section One is completed, if the traffic study indicates that it is needed.

In answering a question by JoAnn Mahle regarding maintenance of the detention pond, Rickenbach explained that the maintenance of the detention pond is the responsibility of the homeowners association with the right of the Village to step in if necessary and bill the association accordingly.

Jerry Sutton expressed his concern that the traffic was not being directed to Birch Street and then to Corry St.

The roll was called. The MOTION PASSED, 4-0 with an abstention from Arnett. The public hearing was tentatively scheduled for August 1, 2005.

Resolution #2005-26 Sign Safety Study.
Rickenbach MOVED and Hardman SECONDED a MOTION for APPROVAL. Hillard explained that the present signage would be reviewed and evaluated with recommendations given if needed. The MOTION PASSED UNANIMOUSLY.

Resolution #2005-27 and Public Hearing Approving the 2006 Tax Budget.
Hillard explained that the document demonstrates the need and justifies the taxes collected by the County. The MOTION PASSED UNANIMOUSLY.

CITIZENS CONCERNS
There were no comments from the audience.

SPECIAL REPORTS
Presentation for R.I.T.A. Representatives from the Regional Income Tax Agency reviewed their RITA eFILE Program. This will facilitate filing local income tax forms electronically. Council members expressed concern regarding complaints they had heard from residents about the long phone delays, computing the tax correctly and general filing problems. The representatives explained that these have been some of the same problems with other municipalities and that they are continuing to address these issues.

OLD BUSINESS
There were no items listed under Old Business.

NEW BUSINESS
2004 Annual Accomplishments. Hillard reviewed the listings and explained that this is used as the basis for the Village’s annual report. Arnett suggested and Hillard agreed to place this document on the webpage.

Clerk of Council Memo re: Chair appointment for Planning Commission.
Rickenbach had previously been the elected chair for Planning Commission. When Rickenbach filled the vacancy on Council and became Council’s representative to PC, according to Council’s Guidelines for Commissions, Committees and Boards, Rickenbach could no longer serve as chair to PC. The members of PC voted to nominate and reelect Rickenbach has their Chair and voted to ask that Council make an exception in this one case. Arnett MOVED and Hardman SECONDED a MOTION for APPROVAL. Alexander expressed concern because she felt that Council has created the rules for a reason and that they should be followed. The roll was called. The MOTION PASSES, 3-1, with a no vote from Alexander and an abstention from Rickenbach.

MANAGER’S REPORT
Hillard reported that the Gaunt Park Pool concession stand would open this weekend. Hillard explained that there are some concerns about a proposed increase in the Kilowatt Tax. The increase would go directly to the State without any of the increased funds compensating the Village. Hillard would keep Council updated as more information is received. Hillard also reported that he has talked with the architect regarding the bid for the Y.S. Community Library. He should release the bid in July.

Arnett commended the YSPD on its commitment and actions to deter drug trafficking and illegal drug usage.

The rain date for the July 4th Fireworks has been scheduled for July 5th. Council members will also participate in the July 4th Parade.

Council has a special meeting scheduled for Monday, June 27th to continue their discussion on the 5-Year Financial Plan.

STANDING REPORTS
Arnett Village Mediation Program
Arnett Community Council
Hardman Environmental Commission
Hardman Human Relations Commission (On file)
Alexander Library Commission
Alexander Cable Advisory Panel (On file)
Alexander Reg. Planning & Coord. Comm. Greene Cty. (On file)
Rickenbach Planning/Bike Comm./N. Gateway Commission (On file)
Swinger Miami Valley Regional Planning Commission (On file)

AGENDA PLANNING
The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Tuesday, July 5, 2005 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the July 5th meeting are:
1st Reading of an Ordinance: Protecting Public Water System-Backflows
2nd Reading & PH: Amending 452.13(g)(2) Limited Parking
Xenia Avenue

FUTURE AGENDA ITEMS
Marilyn J. Reid, President-County Commissioners re: Work Session
2nd Reading & PH of Ordinance #2005-12 Birch III Subdivision
Permissive Tax/Street Paving Project Update
Marking 68 Bikeway
Appointment to the BZA (2)
Conservation Easement for Well Fields
Resolution re: Stutzman Landscaping Lease
Appointment to HRC (1)
Economic Revolving Loan Fund Quarterly Report
Parking Subcommittee Report
Pole Contract Agreements
Annexation Policy Review
Disposition of Cabooses-Committee Report
Phillips-Brown Homes Subdivision

EXECUTIVE SESSION
There was no Executive Session.

ADJOURNMENT
Having no further business, Alexander MOVED and Hardman SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY at 8:28 p.m.