Council
of the Village of Yellow Springs
IN COUNCIL CHAMBERS June 6, 2005
CALL TO ORDER
President Arnett called the meeting
to order at 7:04 p.m.
ROLL CALL
Tony Arnett, Denise Swinger, Mary Alexander, Jocelyn
Hardman and Bruce Rickenbach were present. The Village Manager
Rob Hillard was also present.
ANNOUNCEMENTS
Hawkey explained that the County’s detour
on Dayton-Y.S. Road would remain until the replacement of the culverts
was complete. He added that the County had agreed to having the
road opened for street fair on June 11th.
REVIEW OF THE MINUTES.
Review of the minutes
from May 16, 2005 regular meeting. Swinger MOVED and Alexander
SECONDED a MOTION for APPROVAL of the minutes as amended. The MOTION
PASSED UNANIMOUSLY.
REVIEW OF AGENDA
Add: MVRPC/Support for Surface
Transportation Reauthorization (New Business)
PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
RITA Newsline
Nominations for the RITA
Regional Council of Governments-Agenda
Paul Cooper re: Downtown Noise
Levels
John Chambers Opinion re: Subdivision Approval
Ona Harshaw re: HRC
Application
OML Legislative Bulletin
MVCC ePlay Newsletter
State Budget Bill Update
Friends Care Center re: Eclipse Integrity
Award for 2005
Rumpke re: State of Ohio Solid Waste Disposal Fees
Y.S. Community
Foundation re: Annual Report
Invitation National Aviation Hall of
Fame Events
Minutes of the Regional Council of Governments-6/3/04 & 10/27/04
Mayor’s Monthly Statement
John Courtney re: Impact of SECA
Charges
Clerk of Council re: Applicant list for Committees, Commissions
and Boards
Petition re: 5.11 Acres of Glen Helen land on Hyde Rd.
Y.S. Lions
Club Request re: Gaunt Park-July 4th
Jerry Sutton re: Birch III
PUBLIC HEARINGS/LEGISLATION
1st Reading of Ordinance #2005-09 Supplemental Appropriations. Rickenbach
MOVED and Swinger SECONDED a MOTION for APPROVAL. Hillard explained
that it is his intention to have a supplemental appropriation done
quarterly instead of one at the end of the year. Hillard had distributed
a memo of explanation of the adjustments made to the 2005 budget.
The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled
for June 20 th.
1st Reading of Ordinance #2005-10 Allocation
of Income Tax Residual Balance. Alexander MOVED and Swinger SECONDED
a MOTION for APPROVAL. This legislation is the result of changes
by the auditors. The funds remaining in the Income Tax Fund, which
have not been expended will be transferred to the General Fund.The
MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for
June 20 th.
2nd Reading of & Public Hearing of Ordinance #2005-06 Customer
Disconnect Process and Utility Dispute Resolution Board Swinger
MOVED and Alexander SECONDED a MOTION for APPROVAL. Hawkey explained
that there were no additional changes other than those suggested
by Council at the previous discussion. Council agreed to the following
additional changes suggested by Rickenbach.
Page 1. In the heading change the wording from ACCEPTING to ADOPTING
Page 2. 1040.01 (b); At the end of the second sentence the period
would be removed after these Ordinances and this
new language added: and the written policies, regulations
and interpretations of the Utility Dispute Resolution Board.
Page 5. Section 1040.08 (a); The first sentence should read:
The customer shall agree in writing to the date,
time and place of all Utility Dispute Resolution
Board hearings.
Page 5. Section 1040.08 Insert the lettering (b) and (c) at the
appropriate paragraphs.
Arnett opened the public hearing. Hearing no additional comments,
the public hearing was closed. The roll was called. The MOTION
PASSED UNANIMOUSLY.
2nd Reading of & Public Hearing of Ordinance
#2005-08 Amending the Natural Gas Aggregation Plan Rickenbach
MOVED and Swinger SECONDED a MOTION for APPROVAL. Hillard explained
that every two years the Village’s Aggregation Plan must
be recertified. He added that there were some minor changes in
the Plan but nothing substantive. Arnett opened the public hearing.
Hearing no additional comments, the public hearing was closed.
The roll was called. The MOTION PASSED UNANIMOUSLY.
Resolution #2005-25 MVRPC Ramp
Up Dues Swinger MOVED and Alexander SECONDED a MOTION
for APPROVAL. Arnett explained that this was the last year of
a three-year commitment of the Village to support MVRPC’s
lobbying group’s efforts. He added that the Village has
benefited from these efforts.The MOTION PASSED
UNANIMOUSLY.
CITIZENS CONCERNS
Referring to a citizen’s petition submitted to the Clerk
of Council earlier last week, audience member Sam Young made a
general statement asking Village Council to forego any decision
regarding the Birch III Subdivision until after the adjacent 5.11
acres issue was settled. He added his concern that Arnett would
be chairing the discussion about the subdivision as President of
Council when he was also President of the Glen Helen Association.
The Glen Helen Association is presently negotiating with Purple
Sage, owners of the 5.11 acres. Arnett explained that he was aware
of the concern but that he felt he could take part in the discussion
in Council as the Council president and make the distinction as
his role as Chair of the Glen Helen Association.
JoAnn Mahle asked that more information become available as early
as possible and urged that all parties concern work together for
a positive ending to the concerns.
The Birch III Subdivision has been tentatively scheduled for
a first reading at the June 20 th Council meeting.
SPECIAL REPORTS
Presentation: Evan Scott, Dayton Development Coalition: Evan
Scott representing the Dayton Development Coalition, made a presentation
about the Coalition and offered pointers on how the Village might
benefit from the Coaltion’s efforts. Copies of his presentation
are available from the Clerk of Council.
OLD BUSINESS
Glass Farm Storm Water Project.
Ed Amrhein from the Village’s Planning Office explained
that he had met with the engineer last month. He should receive
the final plans and prepare the bid packet shortly. He further
explained that this would be a two-phase project. Phase One would
consist of the construction phase; excavation, tree and shrub
removal, rechanneling of the stream, etc. Phase Two would include
the revegetation plan. He hope to gather a coalition of residents
to aid in this part of the project.
NEW BUSINESS
MVRPC/Support for Surface Transportation Reauthorization. Swinger
asked that Council support the Ohio Senate version of House Bill
3. The Senate is asking for a reauthorization in funding for the
state’s surface transportation and the bill would also insure
an increase in the return of dollars to Ohio. Council agreed to
have Arnett write a letter on behalf of Council in support of the
Senate version of the bill.
MANAGER’S REPORT
Hillard reported that
he had signed a one-year contract with the City of Xenia to receive
the Village’s
sludge. Hillard provided a copy of the 2006 Tax Budget for review
by Council at its next general meeting. He also announced that
the Gaunt Park Pool had opened this weekend. He added that attendance
at the pool was great! Hillard stated that he appreciates being
back and thanked his staff and Phil Hawkey for their assistance
during his absence.
AGENDA PLANNING
The next meeting of the Council
of the Village of Yellow Springs will be held at 7:00 p.m. on Monday,
June 20, 2005 in
Council Chambers, John Bryan Community Center, 100 Dayton Street.
Items for discussion at the June 20, 2005 meeting are:
RITA
Presentation
Resolution and public hearing approving the 2006
Tax Budget
1st Reading of Ordinance Birch III Subdivision
Review of the minutes
from May 23, 2005 special meeting
2nd Reading & P.H
#2005-09Supplemental
Appropriations
2nd Reading & P.H #2005-10 Allocation of
Income Tax Residual
Balance
Permissive Tax/Street Paving Project Update
Council directed the Clerk to advertise for the vacancies on
the BZA and the Utility Dispute Resolution Board. Hardman hope
to interview the applicant for the vacancy on HRC. Hawkey would
give an update on the bikeway markings for State Route 68 soon.
FUTURE AGENDA ITEMS
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
Permissive Tax/Street
Paving Project
Parking Subcommittee Report
Pole Contract Agreements
Annexation Policy Review
Disposition of Cabooses
68 Bikeway Markings
EXECUTIVE SESSION
Rickenbach MOVED and Hardman
SECONDED a MOTION to go into Executive Session for a discussion
regarding Personnel-Compensation in accordance with Ohio Revised
Code #121.22(G)(1). The MOTION PASSED UNANIMOUSLY.
Swinger MOVED and Alexander SECONDED a MOTION to return to the
General Session. The MOTION PASSED UNANIMOUSLY.
ADJOURNMENT
Having no further business, Rickenbach
MOVED and Swinger SECONDED a MOTION to ADJOURN.
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