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The Yellow Springs

Council of the Village of Yellow Springs

MINUTES

IN COUNCIL CHAMBERS January 3rd, 2006

CALL TO ORDER
The meeting was called to order by Vice President Karen Wintrow.

ROLL CALL
Karen Wintrow, Bruce Rickenbach, Judith Hempfling and Kathryn Chase were present for tonight’s meeting as well as the Interim Village Manager Phil Hawkey. Jocelyn Hardman was absent.

ANNOUNCEMENTS
Louis Sims announced that the Tour of the Cemex Cement Plant was scheduled for Thursday, January 5 th at 1:30 p.m. He invited council members to attend.

Christmas tree pickup has been scheduled for Saturday, January 7, 2005.

REVIEW OF THE MINUTES.
Review of the minutes from the December 19, 2005 regular meeting. Rickenbach MOVED and Hempfling SECONDED a MOTION to ACCEPT the minutes as submitted. The MOTION PASSED.

Review of the minutes from the December 29, 2005 special meeting. Hempfling MOVED and Chase SECONDED a MOTION to ACCEPT the minutes as submitted. The MOTION PASSED 3-0, with an abstention from Rickenbach.

REVIEW OF AGENDA

PETITIONS/COMMUNICATIONS
 The Clerk will receive and file:
AMP-Ohio Newsletter
Richard Zopf re: Vacancy on Board of Tax Appeals
Sam Bachtell re: Resignation from Design Advisory Commission
June Allison re: Mayor’s Court Schedule
Clerk of Council re: Council Rep Update
Louis Sims re: Tour of Cemex Cement Plant
Chad Runyon re: Application to Planning Commission
Memo from Rickenbach re: Sidewalk Snow Removal (Old Business)
American Public Power Assn. (New Business)

PUBLIC HEARINGS/LEGISLATION
1st Reading of Ordinance 2006-01 Approving a Temporary Budget. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. This is a temporary budget until the 2006 annual appropriations are passed. The amounts were calculated by taking the final figures from the 2005 totals and increasing them by 25%. This ordinance can be amended at anytime. The roll was called and the MOTION PASSED UNANIMOUSLY. A public hearing was scheduled for January 17 th.

1st Reading of Ordinance #2006-02 Antioch University Rezoning of 10-acre parcel. Rickenbach MOVED and Chase SECONDED a MOTION for APPROVAL. Hempfling expressed concern that with the move of McGregor to the edge of town, Council should discuss what impact this would have on the college and how can Council support the college. She also expressed that the proposed development of that area of the village could create pressures for more development or sprawl, so how is Council going to react to counteract those pressures? Hempfling added that when public monies are used, how could the public have input?

Hawkey requested and Council agreed to correct the street location stated in the ordinance from East Enon Road and Corry Streets to East Enon Road and Dayton-Yellow Springs Road. Hawkey added that the cost benefit analysis, the survey and the legal description are complete. The roll was called. The MOTION PASSED UNANIMOUSLY. A public hearing was scheduled for January 17 th.

Resolution #2006-01 Day-to-Day Expenditures. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. The resolution allows the Village Manager to authorize ordinary expenditures that are necessary for the day-to-day operations of village government. The MOTION PASSED.

Resolution #2006-02 Authorizing Expenditures in Support of Employees and Volunteers.Rickenbach MOVED and Chase SECONDED a MOTION for APPROVAL. The resolution allows for the Finance Director to expend funds as approved by the Village Manager for support of meetings, activities of the many village volunteers, employees and staff, in recognition of their efforts. The MOTION PASSED.

CITIZENS CONCERNS
There were no comments from the audience.

SPECIAL REPORTS
There were no special reports scheduled for this meeting.

OLD BUSINESS
Snow Removal. Rickenbach had distributed a memo (dated 12/29/05), which addressed concerns brought to Council by resident Helen Eier regarding ice and snow accumulation on sidewalks and curbs. The Supreme Court ruled that property owners have no duty “to eliminate natural accumulations of ice and snow from sidewalks.”

Hempfling suggested a community discussion at the next Council meeting that would talk about snow removal and other obstructions. She added that members of the Accessibility Committee be invited to participate.

Rickenbach suggested that liability concerns be included in the discussion and added that staff also be included.

Wintrow suggested that a larger discussion could include general obstructions and added that the Transportation Committee be included.

Council agreed to hold a discussion at the next regular Council on ice and snow obstructions. They further agreed to invite the Accessibility Committee and staff.


NEW BUSINESS
APPA American Public Power Association. Hawkey explained that the APPA was invited various municipalities to join a nationwide, grassroots campaign to encourage auto manufacturers to develop plug-in hybrid electric vehicles. There is no cost to join the campaign. Council agreed to have Phil Hawkey and Electric Supervisor Mike Applin be the Village’s contacts for the campaign.

Reception for newly appointed Village Manager Eric Swansen. Council will set a date after they have conferred with Council President Jocelyn Hardman.

MANAGER’S REPORT
Hawkey began his report by thanking Village staff and employees for their support and assistance during his tenure as Interim Village Manager. Hawkey added special thanks to Police Chief John Grote, Finance Director Sharon Potter, Code Enforcement/Assistant Planner Ed Amrhein and Council Clerk Deborah Benning. Council offered thanks to Hawkey for his willingness to serve.

Hawkey informed Council that due to his wife’s illness, Village Solicitor John Chambers would be working half days at the office and half days from home. He can be reached through his regular email address.

Hawkey gave an update on the conservation easement for the detention area on the Glass Farm. He stated that there had been a discussion of the technical aspects of the construction of the basin with staff, Ron Schmidt, supervisors from the Soil and Water Conservation, Ed Amrhein, Shannon Martin, and Denise Swinger. He explained that this would be the first time that the county would be holding an easement and they had some concerns, especially since the detention basin was already under construction. There has been some revised language added to the easement agreement and the assistant prosecutor was reviewing the revised agreement.

Hawkey stated that the village had received the check from Phillips-Brown Homes for the sale of the acre on the Glass Farm.

AGENDA PLANNING
The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Tuesday, January 17, 2005 Council Chambers, John Bryan Community Center, 100 Dayton Street.

Amending Noise Ordinance
Charter Review Committee
Resolution: Katrina Relief
2nd Reading and PH on Ordinance for Temporary Budget
2nd Reading and PH on Ordinance re: Antioch University Rezoning
Scheduling of Budget Workshops
January 30 th Goals Meeting

FUTURE AGENDA ITEMS
Caboose Follow-Up (Feb)
Greenspace Fund
Sidewalk Obstructions
Guidelines for Utility Resolution Dispute Commission
Interview for Village Treasurer
Annual Reports (commissions, committees and boards) (Feb)
Municipal Credit Card
2006 Annual Appropriations
Pole Contact Agreements
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Parks & Recreation Master Plan  

EXECUTIVE SESSION
There was no executive session scheduled for this meeting.

ADJOURNMENT
Having no further business, Hempfling MOVED and Rickenbach SECONDED a MOTION to ADJOURN. The MOTION PASSED at 8:25 p.m.

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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