Council of the Village of Yellow Springs

IN COUNCIL CHAMBERS March 7th, 2005

CALL TO ORDER

Arnett called the meeting to order at 7:03 p.m.

ROLL CALL

Tony Arnett, Denise Swinger, George Pitstick, Mary Alexander and Jocelyn Hardman were present. The Acting Village Manager Phil Hawkey was also present.

SWEARING IN OF POLICE CHIEF JOHN GROTE

Mayor David Foubert administered the Police Chief oath of office to Police Captain John Grote.

ANNOUNCEMENTS

There were no announcements.

REVIEW OF THE MINUTES.

Review of the minutes from February 22, 2005 regular meeting. Pitstick MOVED and Alexander SECONDED a MOTION for APPROVAL of the minutes as amended. The MOTION PASSED UNANIMOUSLY.

Review of the minutes from February 28, 2005 special meeting. Hardman MOVED and Swinger SECONDED a MOTION for APPROVAL of the minutes as amended. The MOTION PASSED UNANIMOUSLY.

REVIEW OF AGENDA

Chesire-Suits Sewer Charges (Old Business)

PETITIONS/COMMUNICATIONS

The Clerk will receive and file:

AMP-Ohio Newsletters
Village Bank Cash Position
Mayor’s Monthly Report
Financial Page-The New Yorker-Toledo-Property Tax
Invitation to Smart Growth Weekend-April 1-3, 2005
JoAnn F. Mahle re: Conservation Easement-Birch II
John Chambers re: Clerk for BZA (New Business)
Mary Alice Wilson re: Suits/Chesire-Utility Charges
Zocklein & Associates re: Grant Writing & Resource Development
Greene County Republican Party- Invitation
Home Inc. Newsletter
OML Legislative Bulletin
Clerk of Brook Park re: NASA Cuts-Letter of Support
County Economic Development Council Meeting Minutes
Dayton Chamber of Commerce Newsletter
Helen Eier re: WSU/Village Survey
Y.S. Chamber of Commerce Update

PUBLIC HEARINGS/LEGISLATION

Resolution 2005-13 re: Opposition to Issue 1. Hardman MOVED and Swinger SECONDED a MOTION for APPROVAL. This resolution was originally brought to the Human Relations Commission by Solidarity Ohio. As the resolution stated this legislation is in opposition to the Ohio State Constitution Article XV, Section 11, adopted as Issue 1 in the November 2004 election.

This resolution from Solidarity Ohio was also prompted by a leadership move from Ohio State University regarding their health benefits. The University had decided it would continue to offer benefits to partners of their staff and employees.

Given the fact that the Village did not support Issue 1 in the 2004 election, HRC thought it appropriate to support this resolution. If passed, this resolution would be a symbolic gesture and have no legal impact on the current state amendment. It could however be used as a template for other municipalities.

Pitstick explained that Issue 1 did passed with a majority in the state and he added that it would be left to the courts to decide the constitutionality of the amendment.

Alexander suggested that the Village electorate had expressed their feelings through their vote in the election and that it was not necessary to repeat this action.

Several audience members spoke in support of the resolution including Dale Blanchard who represented the Ohio Religious Society-Friends Meeting in which 19 Quaker meetings (groups) had confirmed their support for opposition to Issue 1.

The roll was called. The MOTION PASSED 3-2, with Pitstick and Alexander voting no.

CITIZENS CONCERNS

There were no comments under Citizen’s Concerns.

SPECIAL REPORTS

Environmental Commission – Annual Report. Delaine Adkins, Chair of the Environmental Commission presented the annual report. Adkins reviewed the Commission’s 2004 accomplishments, which included supporting Earth Day, funding for new drainage markers, a review of the 1995 Environmental Plan, and supporting the yard waste recycling program. Adkins also reviewed the Commission’s 2005 goals. One of the goals pertained to a proposal that would be presented to Council to adopt changes needed to offer AMP-Ohio Green Power to interested participants. The Commission also included a continued goal of working with local organizations regarding environmental issues. (See report for more details).

Records Commission- Annual Report. The Clerk of Council reported that Retention and Disposition Schedules have been approved and would be forwarded to the State of Ohio Archivist for the Administrative Department, Council, Mayor’s Court and the Police Department. The Purchasing Department, Planning and Zoning and the Finance Department would be reviewed in the coming months.

OLD BUSINESS

Tax Abatement (Pitstick). Pitstick informed Council that he had attended the Tax Incentive Review Council meeting on March 1 st. This Council reviews the Ohio Enterprise Zone agreements for which Yellow Springs has with The Antioch Company. Pitstick explained that there was a thorough record keeping process to track the agreements. He added that The Antioch Company/Antioch Publishing’s received very positive remarks as a company and on their enterprise agreement with the Village.

Chesire/Suits Sewer Charges (Pitstick). Pitstick explained that the Village was following policy when it did not abate the sewer charges for Chesire/Suits. He further explained that the policy’s intent was primarily for residents with swimming pools. At this time the Village does not have the authority to indiscriminately charge for one utility and not the other. Hawkey stated that a draft of the amending legislation and a recommendation to Council regarding this issue would be presented to Council at their next meeting.

Customer Disconnection Process (Moved to Future Agenda Item)

Permissive Tax/Street Paving Project (Moved to Future Agenda Item)

NEW BUSINESS

5-Year Financial Plan Survey. Arnett distributed the survey results to Council for review. The results will also be posted on www.yso.com. An overall summary report will be discussed at the Village’s community forum on March 15th.

Selection Process-Council vacancy. Council members agreed to hold interviews with the applicants for the pending Council vacancy. Applications are due by March 18 th.The newest member would be seated at the April 4 th Council meeting.

MANAGER’S REPORT

Hawkey reported that the legislation regarding the utility shut-off and the utility review board would be presented to Council at its next meeting along with a leasing agreement with Stutzman’s Nursery. The permissive tax agenda item would be moved to late spring.

Clerk of Council/Board of Zoning Appeals. Citing a recommendation from the Village Solicitor, Alexander MOVED and Swinger SECONDED a MOTION to APPOINT the Clerk of Council as the Clerk of the Board of Zoning Appeals. The Clerk of Council has always been the recorder for the BZA.

AGENDA PLANNING

The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, March 21, 2005 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the March 21, 2005 meeting are:

Mowing Contract
2nd Reading & Public Hearing-Ordinance #2005-04 Amending 206.01 Service Contracts
Annual Report – Human Relations Commission
Annual Report – Village Mediation Program
Resolution re: Stutzman Landscaping Lease

FUTURE AGENDA ITEMS

Appointment of new Councilmember
Customer Disconnection Process
Permissive Tax/Street Paving Project
Awarding of Bid-East Enon Rd. Electric Project
Education Village Inc-Annexation Request (4/18)
Economic Revolving Loan Fund Update (April)
Liquor License Holders (4/18)
Village Treasurer’s Quarterly Report (4/18)
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

EXECUTIVE SESSION

There was no Executive Session scheduled.

ADJOURNMENT

Having no further business, Pitstick MOVED and Hardman SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY at 8:33 p.m.

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.