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The Yellow Springs

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.

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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