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The Yellow Springs

Council of the Village of Yellow Springs

MINUTES

COUNCIL OF THE VILLAGE OF YELLOW SPRINGS

IN COUNCIL CHAMBERS March 20, 2006

CALL TO ORDER

Vice President Karen Wintrow called the meeting to order at 7:01 p.m.

ROLL CALL

Karen Wintrow, Bruce Rickenbach, Judith Hempfling and Kathryn Chase were present as was the Village Manager, Eric Swansen. Council President Jocelyn Hardman was absent from the meeting.

ANNOUNCEMENTS

The First Baptist Church will hold a Mortgage Burning Service on Saturday, March 25 at 5p.m. followed by a reception. The actually mortgage burning ceremony will be held Sunday, March 26 th.

Tecumseh Land Trust had sent a postcard to Rickenbach regarding a wireless technology conference being held in Columbus, Ohio April 18th. Rickenbach and Swansen plan to attend.

REVIEW OF THE MINUTES

Review of the minutes from March 6, 2006 regular meeting. Rickenbach MOVED and Hempfling SECONDED a MOTION to APPROVE the minutes as amended. The MOTION PASSED.

REVIEW OF AGENDA

There were no changes to the agenda.

PETITIONS/COMMUNICATIONS

The Clerk will receive and file:
AMP OH Newsletter(s)
EPA-Pollution Investigation Complete-Risks Low-Vernay Labs.
Greene County Economic Development Council-Minutes
OML Bulletin-March 10, 2006
OML Legislative Calendar-March 20th
Yellow Springs Buy Local Campaign
Greene County Republican Party-Lincoln Day Dinner
YS Chamber of Commerce-Swansen-Dayton Street Project
Kent Bristol re: Charter Review Committee Applicant
Ronald Lewis re: Charter Review Committee Applicant
Sheila Miller re: Charter Review Committee Applicant
Kenneth Huber re: Charter Review Committee Applicant
Jerry Sutton re: Charter Review Committee Applicant
Katrina Dorsey re: Human Relations Commission Applicant
Greene County Parks re: Bike Trail Sentinel Program
Jeffrey McWilliams, CPA re: Village Treasurer Application
Mary A. Agna re: Council on Aging

PUBLIC HEARINGS/LEGISLATION

1st Reading of Ordinance #2006-08; 2006 Annual Appropriations Ordinance. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. The grand total of appropriations for all funds would be $11,965,983.

Swansen presented an introduction to the budget, reviewed the special, enterprise and general funding, the major capital projects, funding concerns and declining reserves. Swansen reported that the total budget deficit for the electric, water, sewer and general fund would be $967,943. Swansen suggested that an increase in revenues, reduction in cost, reduction in staff levels, a change in service levels and a voter-approved outside millage increase in property tax are items with which, Council could begin their discussions. (See report for details).

In concluding their discussion, Council agreed that there should be a clear definition of how the 2006 Annual Appropriations relates to Council’s 2006 Goals, the community should be kept informed and have input into the upcoming financial discussions and that the employees and staff be made aware and updated regarding this financial situation. The roll was called. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for April 3, 2006.

2nd Reading and PH of Ordinance #2006-04 Amending Kings Street Parking. Rickenbach MOVED and Chase SECONDED a MOTION for APPROVAL. Rickenbach explained that the developer had made a conscious effort to work with Planning Commission in order to provide a future bike/pedestrian way for King St. This ordinance limits parking on the west side of King Street as part of the Thistle Creek PUD approval. Wintrow opened the public hearing. Having no comments, the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

2nd Reading and PH of Ordinance #2006-06 Approving Noise Ordinance. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Swansen explained that this ordinance was a compilation of work by the Environmental Commission, staff, the Village Solicitor and Council. He added that the Village Solicitor is reviewing an additional subjective ordinance that could also be used as an alternate to the current ordinance being proposed. Swansen added that there were ongoing conversations with the Papanias, Antioch College and staff in hopes to finding a resolution to the initial noise complaint filed by Papania.

Wintrow opened the public hearing. Resident Jerry Papania read a statement. Papania urged Council to approve this ordinance. In answering, audience members regarding the Springfield airport noise and boomboxes, Swansen explained that the Village is pre-empted by the federal government regarding the airport and that there is another ordinance that the police department uses for boomboxes. Wintrow closed the public hearing. The roll was called. The MOTION PASSED UNANIMOUSLY.

1st Reading and PH of Ordinance #2006-09 Amending Cost of Living-Chapter 252.05(a and e), as an Emergency. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Swansen explained that the Midwest Region model would be used rather than the all-city model when computing the cost-of-living allowance and that it would be computed annually rather than quarterly. Wintrow opened the public hearing. Having no comments the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

Resolution 2006-13 Farm Lease Agreement-Flatter Hereford. Rickenbach MOVED and Chase SECONDED a MOTION for APPROVAL. Swansen explained that because this was a continuation of the existing lease, under the same terms and conditions for an addition year, competitive bidding was not required. The farm lease included three parcels of land on the Sutton Farm totaling 43 acres and approximately 30+ acres of the Glass Farm at a rate of $111 per acre. Rickenbach suggested that maps of the acreage be included with the resolution. The roll was called. The MOTION PASSED UNANIMOUSLY.

Resolution 2006-14 Springfield Overhead Doors-Change Order. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Swansen explained that the $7,881.75 change order was for the installation of the automatic door openers at the two rear entrances. This item would have been added next year but Swansen suggested completing the work this year while Springfield Overhead Door was currently working at the library. Ed Amrhein added that the life expectancy of the automated hardware was about fifteen years.

CITIZENS CONCERNS

There were no comments from the audience.

SPECIAL REPORTS

Accessibility Committee Annual Report. Pat Olds made a presentation explaining the work of this committee. Pat Olds, Ray Olds, John Magee and Mac Gillespie former members of the 1980’s committee are also members of this newer committee along with eight others. Staff member Ed Amrhein also works with the committee. Their current goals are to improve the sidewalks in the Central Business District, to gain access to public buildings and stores and to educate residents. The committee included a list of business and stores where the entrance is even with the sidewalk or a ramp is in place, needs a small threshold ramp, needs a portable ramp or can not be made accessible without some level of construction. Olds stressed the importance of the smoothness of sidewalks especially from Herman St. to downtown.

Village Mediation Program Annual Report. Member Len Kramer made the presentation. Kramer explained the mission of the VMP and activities of the Steering Committee. The current members are Saul Greenberg, Chair; Sarah Wallis, Secretary; Tucker Malishenko, Coordinator; along with Kramer and Jerry Sutton. Kramer eviewed the Program’s activities from 2005 and its goals for 2006. The Program currently has 14 volunteers involved as mediators, facilitators and committee members. In 2005 there were a total of 83 cases opened and 25 of which resulted in conciliations or mediations. Wintrow offered words of appreciation for the program and its members.

OLD BUSINESS

OML-Tax Expenditure Limitation Proposal. Swansen reviewed the impact of the TEL Proposal. He explained that if approved the Village would need approval of a majority of registered voters rather than a majority of votes at the polls, there was no guarantee that the Village would receive funding from the local government fund, would put possible limits on spending for capital projects and prevents the Village’s ability to provide adequate compensation packages for its employees. Swansen proposed that Council could do nothing to address this issue or draft a resolution in support or not in support of this proposal. Currently, the Ohio Municipal League is coming out against the proposal. Council will continue to monitor the progress of the proposal.

NEW BUSINESS

Schedule Public Hearing-Rezoning Request 150 Railroad St. Rickenbach MOVED and Hempfling SECONDED a MOTION to schedule the public hearing regarding the rezoning request for 150 Railroad St. for May 1, 2006. The MOTION PASSED with an abstention from Wintrow.

Appointment to Cable Advisory Panel. Chase MOVED and Hempfling SECONDED a MOTION to APPOINT Millard Mier to the Cable Advisory Panel. The MOTION PASSED.

Appointment to Environmental Commission. Hempfling MOVED and Rickenbach SECONDED a MOTION to APPOINT Kathryn Van der Heiden to the Environmental Commission. The MOTION PASSED.

Village Treasurer. Rickenbach MOVED and Hempfling SECONDED a MOTION to have Sharon Potter, Eric Swansen, Jocelyn Hardman and Bruce Rickenbach as the interview team. Council would further discuss the process at a future meeting.

MANAGER’S REPORT

Capital Projects Update. Swansen reviewed the Library entrance renovations, the Glass Farm detention pond, the Dayton Street reconstruction, as well as the South Walnut Street reconstruction and the East Enon Road electrical upgrades.

STANDING REPORTS

Kathryn Chase Village Mediation Program
Bruce Rickenbach Community Council
Judith Hempfling Environmental Commission
Judith Hempfling Human Relations Commission
Jocelyn Hardman Library Commission
Kathryn Chase Cable Advisory Panel (On file)
Karen Wintrow Chamber of Commerce (On file)
Jocelyn Hardman Reg. Planning & Coord. Comm. Greene Cty.
Bruce Rickenbach Planning/Bike Comm./N. Gateway Commission (On file)
Karen Wintrow 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 Monday, April 3, 2006 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion on Monday, April 3rd:
Annual Report-Human Relations Commission
2nd Reading and PH of Ordinance Approving Stancliff  
2nd Reading and PH of 2006 Annual Appropriations 
Resolution Confirming Agricultural Use-Community Resources
Resolution Authorizing the Village as an agent to the Army Corp of Engineers

FUTURE AGENDA ITEMS

Annual Report-Zoning and Code Enforcement (4/17)
Annual Report-Planning Office (4/17)
Bike Enhancement/Northern Gateway Committee (4/17)
Liquor License Renewals (4/17)
Fairfield Pike/Polecat Rd Citizen’s Petition Update
Katrina Relief
Mowing Contract
Greenspace Fund
Sidewalk Obstructions
Guidelines for Utility Resolution Dispute Commission
Interview for Village Treasurer
Annual Reports (commissions, committees and boards)
Municipal Credit Card
Pole Contact Agreements
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Parks & Recreation Master Plan

EXECUTIVE SESSION

There was no executive session scheduled

ADJOURNMENT

Having no further business, Rickenbach MOVED and Hempfling SECONDED a MOTION to ADJOURN. The MOTION PASSED at 9:37 p.m.

______________________________ _____________________________

Jocelyn Hardman, President Deborah Benning, Clerk

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.



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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