Granville Community Calendar

Council Minutes 5/3/06

 

 VILLAGE OF GRANVILLE

COUNCIL MINUTES

May 3, 2006

 

CALL TO ORDER (by Mayor Hartfield at 7:30 pm)

 

 

PLEDGE OF ALLEGIANCE  (Led by Ben Thomas and Sam McBride of the Boy Scouts)

 

 

ROLL CALL

            Those responding to the roll call were Councilmembers Barsky, McGowan, Mershon, O’Keefe, Tegtmeyer, Vice Mayor Herman and Mayor Hartfield, Trustee Sargent, Trustee King; Acting Village Manager Roberts, and Law Director Crites.

 

           

APPROVAL OF AGENDA (7:31 pm)

            Councilmember Mershon moved to accept the agenda as presented.  Councilmember Tegtmeyer second.  Motion carried 7-0.    

 

 

UNION CEMETERY BOARD MEETING  (Mayor Hartfield called the meeting to order at                   7:31 pm).  Township Trustees Sargent and King attending.

 

            Resolution No. 06-23, A Resolution To Declare With The Granville Township Trustees That Operation And Maintenance Of The Union Cemetery Under The Provisions Of Section 759.34 Of The Ohio Revised Code Continue And To Fill An Un-Expired Term On The Union Cemetery Board Of Trustees was introduced by Councilmember OKeefe.  Second by Councilmember McGowan.       

           

            Discussion: Councilmember Mershon stated that Rob Drake would be filling the vacancy left by Flo Hoffman and this would be a three year appointment.  Trustee Sargent remarked on the phenomenal job Flo Hoffman did while serving on the board.  He stated that she was unable to be at the meeting this evening, but they hope she will be attending the Trustees meeting next Wednesday at 7:00 pm.  He invited all of Council to come and present their Resolution to Ms. Hoffman.   

 

Motion carried.  Resolution No. 06-23 passed unanimously.  (9-0)

 

            Resolution No. 06-24, A Resolution Of Appreciation To Flo Hoffman For Service On The Union Cemetery Board And To The People Of The Village Of Granville was introduced by Councilmember Mershon.  Second by Councilmember McGowan.

 

            Discussion: Council stated that they hope to present this to Ms. Hoffman at the next Trustees meeting.

 

Motion carried.  Resolution No. 06-24 passed unanimously.  (9-0)

 

 

Mayor Hartfield adjourned the Union Cemetery Board Meeting at 7:37 pm.

 

 

 

CITIZENS COMMENTS (7:38 pm)

 

Tree City USA – Jim Siegel – Chairman of the Tree and Landscape Committee

Mr. Siegel stated that he attended the Tree City USA dedication in Westerville on April 21st and Granville received the designation for the 15th consecutive year.  He stated there is a flag in the Village Offices which depicts the fifteen year designation.  Mr. Siegel went on to say that only 237 cities carry the distinction of being a Tree City USA recipient and Granville is the only town in Licking County.  Councilmember Barsky accredited Mr. Siegel and the other Tree and Landscape Committee members for their efforts and she stated they are the key reason Granville has received the designation each year. 

 

Bobbi Stover, Village of Granville, stated that she is there to support Molly Roberts for the Village Manager position.  Ms. Stover stated that Ms. Roberts has done at outstanding job working as the Acting Village Manager for the past nine months.  She went on to say that she has heard no negative remarks or complaints about the job Ms. Roberts has done.  Ms. Stover stated that she speaks on behalf of the staff members present this evening and they feel Ms. Roberts can do the job and do it well. 

 

Mary Ann Malcuit, 526 West Broadway, stated that she is there in support of Molly Roberts for the Village Manger position.  She stated that she has known Ms. Roberts and her family for a long time and she is a Granville native.  Ms. Malcuit stated that she trusts and respects Ms. Roberts. 

 

Jane Heller, Kendall in Granville, stated that she lived in the Village for many years and she would like to show her support for Ms. Roberts being awarded the Village Manager position.  Ms. Heller stated that she worked extensively with Ms. Roberts on a Bicentennial project and found her to be very bright, easy to work with, and a good listener.  She stated that Ms. Roberts also has the pulse of the community and is able to make decisions. 

 

Mayor Hartfield closed Citizens Comments at 7:43 pm.

 

  

PUBLIC HEARING

            Ordinance No. 03-06, An Ordinance To Recommend The Demolition Of Two Structures At 2486 Newark Granville Road.

 

            Discussion: Ben Moraine stated that it would be beneficial to him if the Ordinance is passed as an emergency, but he does have a backup plan in place if it does not. 

 

 

           

 

 

OLD BUSINESS

 

            Ordinance No. 03-06, An Ordinance To Recommend The Demolition Of Two Structures At 2486 Newark Granville Road was re-introduced by Councilmember                 Barsky.  Second by Councilmember McGowan

 

Discussion: Councilmember Barsky stated that Council should know that she had a discussion with Mr. Moraine’s Eagle Scout Supervisor and he relayed to her that Mr. Moraine could still get his Eagle Scout designation even if the structures are not torn down by his specified time.  She stated that from her perspective she would not like to pass the Ordinance as an emergency because it does not effect the health and safety of the public and this is a specification for passage as an emergency set forth in the Charter.  Councilmember Mershon stated that he sees this as being the first Ordinance requiring a demolition permit affecting the fire department.  He stated that he sees value in supporting a Scout who worked so hard to this point and would like to follow through with his original intent.  He also stated that he understands Councilmember Barsky’s concern and he feels this particular situation is unusual.  Councilmember OKeefe asked if a negative precedent would be set.  Law Director Crites stated that Council will look at each Ordinance separately and he feels there will not be a negative precedent set forth.  Councilmember OKeefe also asked if things are set in place for the fire department to move forward if the Ordinance is passed as an emergency and what would remain after the structures are burnt down.  Mr. Moraine stated he does have a plan in place to bring in top soil and re-seed the area.  Brad Essick, Fire Chief for Granville, stated that they are ready to move forward whenever the Village grants the demolition permit.  Vice Mayor Herman stated that he doesn’t think there is anything Mr. Moraine could have done differently in this situation.  He stated that Mr. Moraine has done everything Council has asked of him and he personally sees no reason to not pass the Ordinance as an emergency.  Councilmember Tegtmeyer asked Mr. Moraine why Council should pass the Ordinance as an emergency.  She stated that it was her understanding that the Eagle Scout designation focuses on the process more so than the accomplishment of the goal.  She stated that she understands that it is not necessary to accomplish the goal, but instead show that you organized working with others to get the project done.  She asked Mr. Moraine who else he has involved to get this project done.  Mr. Moraine stated he has worked with his Scout group to clear trees and another Scout group took doors and windows off of a building.  He estimated that he has worked with 40-50 people in different capacities.  Councilmember Barsky clarified that Mr. Moraine has met the needed requirements to receive his Eagle Scout designation regardless if the Ordinance is passed as an emergency or not.  Mr. Moraine agreed that the requirements have been met, but it is likely another Scout troop would do the remaining work.  Ben Moraine’s father stated that he would like to see the Ordinance passed as an emergency because he would like to see his son fulfill the commitment that was originally intended.  He stated that if his son doesn’t get to completely finish the project before he turns eighteen there would be some sense of failure of his part.  

 

 

 

 

Councilmember Mershon made a motion to amend Ordinance No. 03-06 as follows:

 

Amend the title of Ordinance No. 03-06 to Read:

“An Ordinance To Permit The Demolition Of Two Structures At 2486 Newark Granville Road And To Declare An Emergency.”

 

And to Amend Section II to read:

“An Emergency exists in that the educational and citizenship values provided by this project would not be obtained but for the immediate effectiveness of this Ordinance.

Consequently, that this Ordinance shall take effect and be in full force immediately upon passage.” 

 

Seconded by Councilmember McGowan. 

 

Roll Call Vote on Amendment: Hartfield (yes), Herman (yes), McGowan (yes), Mershon (yes), OKeefe (yes), Tegtmeyer (no), Barsky (no).  Motion carries (5,2)

 

Roll Call Vote on Emergency Clause: Barsky (no), Tegtmeyer (no), OKeefe (yes), Mershon (yes), McGowan (yes), Herman (yes), Hartfield (yes).  Motion carries (5,2).

 

Roll call vote on Ordinance No. 03-06:  Herman (yes), McGowan (yes), Mershon (yes), O’Keefe (yes), Tegtmeyer (no), Barsky (no), Hartfield (yes).  Motion carries (5,2).

 

            Ordinance No. 03-06 is adopted.

 

 

NEW BUSINESS

 

            Resolution No. 06-25, A Resolution To Authorize The Non-Permanent Installation Of A Sidewalk Café On The Public Sidewalk At 130 N. Prospect In Front Of The Business Known As Greek Eats, Subject To Restrictions was introduced by Councilmember Barsky. Second by Councilmember OKeefe.

 

            Discussion: Ms. Roberts stated that the application is consistent with plans of a similar business in the same location.  Councilmember McGowan stated that other businesses with sidewalk café’s have a larger sidewalk area.  He questioned if thru traffic would be able to get by the tables/chairs.  Councilmember Barsky asked if the tables would be set off to one side.  Mr. Strayer stated that there would be three tables and chairs located against the glass and some on the side of the building.  Councilmember Barsky asked if the Resolution could be approved with conditions.  Councilmember Mershon stated that he believes the Resolution gives the Village Manager the right to make these kinds of decisions.  Council asked Ms. Roberts to relay their concerns to the applicant and ensure thru traffic will be able to get by on the sidewalk. 

 

Motion carried.  Resolution No. 06-25 is adopted (7-0). 

 

Resolution No. 06-26, A Resolution To Authorize Sidewalk Flower Sales On The Public Sidewalk At 130 East Broadway In Front Of The Business Known As Green Velvet, Subject To Restrictions was introduced by Councilmember Mershon, seconded by Councilmember Barsky.

 

            Discussion:  Evelyn Frolking, 605 West Broadway, stated that she is working with Green Velvet to sell flowers.  She stated that she had concerns over the insurance liability language in the Resolution.  Mayor Hartfield stated that this language is in place because the Resolution is similar to each of the other sidewalk café’s that Council has approved.  Law Director Crites stated that he would like to know if Green Velvet’s insurance does cover Ms. Frolking selling flowers on the sidewalk.  The Manager of Green Velvet stated that he believes they would be covered by insurance.  Vice Mayor Herman stated that he recollects a business next to Green Velvet not being allowed to move forward until information was provided to the Village.  He stated that this situation is no different and we need to treat each entity the same.  Councilmember OKeefe asked how Kussmaul is allowed to have flowers outside of their business.  Ms. Roberts stated that this has been allowed in the past.  Councilmember McGowan asked how long Ms. Frolking has been selling flowers outside of Green Velvet.  She stated for about a month.  Councilmember Mershon stated that he agrees with Vice Mayor Herman’s comments and he feels that a friendly amendment could clear up the matter and provide both sides with what they need.  Councilmember Mershon made a motion to accept the following friendly amendment:

“Section 1: Evelyn Frolking, d.b.a. Artflora, and Green Velvet, are hereby granted permission to sell flowers on a portion of the public sidewalk in front of 130 E. Broadway subject to the following restrictions:” 

 

“G Prior to installation of the flower sales area, Artflora and/or its owners or the person or entity doing business as Green Velvet shall provide or cause be provided the Village of Granville with a certificate of insurance in an amount equal to or greater than one million ($1,000,000)/two-million ($2,000,000) dollars, naming the village of Granville as an additional insured and certificate holder;”

 

Seconded by Councilmember McGowan.

 

Law Director Crites stated that he believed Councilmember Mershon’s amendment would accomplish the goals of both sides.  He stated that if the liability information is not provided, the contract would terminate. 

 

 

Motion carried.  Resolution No. 06-26 is adopted (7-0).

 

 

Resolution No. 06-27, A Resolution Of Comment For The Study Of Interchange Improvements To State Route 16 And Cherry Valley Road Intersection was introduced by Councilmember Barsky, seconded by Councilmember OKeefe.

 

            Discussion: Councilmember Barsky stated that after review of the last Council meeting minutes, it was stated that the Village would like to show their support for the Townships concerns.  She asked how this would be done.  Ms. Roberts stated that she would also be sending ODOT a letter and she will address this matter in the letter.  Councilmember OKeefe asked for clarification of the wording in the first sentence of Section 1.  After Council discussion, Councilmember Mershon moved to offer a friendly amendment to change the word “study” to “reevaluate.”    

 

 

Motion carried.  Resolution No. 06-27 is adopted (7-0).

 

 

REVIEW OF MINUTES  

Regularly Scheduled Meeting of April 19, 2006.

Councilmember Barsky moved to accept the minutes as presented. Seconded by Councilmember Mershon.  Motion carried 7-0.

 

 

 

Special Meeting of April 29, 2006.

Councilmember Barsky moved to accept the minutes as presented. Seconded by Councilmember Tegtmeyer.  Motion carried 7-0.

 

 

COMMITTEE REPORTS   

Economic, Finance, Personnel Committee (EFP) – (Herman, Mershon, Tegtmeyer)  

No Report.

 

Granville Foundation – (Tegtmeyer)

The next meeting is May 16th

 

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) – (Hartfield, Herman, McGowan)

Mayor Hartfield stated that a meeting needs to be scheduled due to pending matters. 

 

Planning Commission – (OKeefe)

Councilmember OKeefe stated that it was a short meeting.  She stated that Denison University asked to enlarge their current football field and add two storage buildings.   

 

Planning & Zoning Committee (P&Z) – (Barsky, O’Keefe, Mershon)  

No Report.

 

Recreation Commission – (McGowan)

Councilmember McGowan stated that the committee is looking at improving the Conservation Lodge and provide handicap accessibility, as well as improved restroom facilities.  He stated that the funding will be in-kind donations and money from the Trustees. 

 

 

 

Senior Committee – (O’Keefe)

Councilmember OKeefe stated that the committee will be meeting with Ellen Clark who heads the Teen Center to see how they might be able to work together.

 

SR 161 Accord (Barsky, O’Keefe)

Councilmember OKeefe stated that they will meet on May 18th.  She asked for Council to email their top three choices from the goal list she previously sent out.  She asked to receive this email before the May 18th meeting. 

 

Tree & Landscape Commission – Barsky

Councilmember Barsky stated that they will meet at the Granville Intermediate School on May 5th for a dedication and AEP has donated two trees to be planted.  She stated that the theme is: “Trees look good in any shape or size.” 

 

Jim Siegel stated that ODNR presented a guideline for ways the Village could be proactive when its comes to trees.  He stated that they hope to discuss these guidelines at their next committee meeting and have something to present to Council in the future. 

 

Union Cemetery – Mershon

Councilmember Mershon stated that all of Council is invited to the May 10th Trustees meeting where they hope to recognize Flo Hoffman for her efforts on the Union Cemetery Board. 

 

 

OTHER COUNCIL MATTERS

Councilmember Barsky stated that there was a request at the last Council meeting for information regarding the Village’s Ash Tree inventory.  She stated that the Village has a list of over 200 trees inventoried and Terry Hopkins of the Service Department is aware of the situation with Ash Trees and he is keeping an eye on them. 

 

EXECUTIVE SESSION

            Vice Mayor Herman moved to enter into Executive Session, Pursuant to ORC 121.22(G)(1) – “To consider appointment, employment….of a public employee”.  Second by Councilmember Barsky.

 

            Roll call vote: Herman, McGowan, Mershon, O’Keefe, Tegtmeyer, Barsky, Hartfield.

 

Time in: 8:34 pm

           

             

            Councilmember McGowan moved to return to regular session.  Second by Councilmember Barsky.

 

            Roll call vote:  McGowan, Mershon, O’Keefe, Tegtmeyer, Barsky, Hartfield, Herman.

 

Time out: 9:57pm

 

            Councilmember Mershon moved to authorize the Village Law Director To Enter Into Negotiations With Don E. Holycross for the position of Village Manager and with Molly Roberts for the position of Assistant or Deputy Village Manager.  Councilmember O’Keefe second.  (5-2 Barsky, Hartfield).

 

 

ADJOURNMENT ( 9:58 pm)

            Councilmember Barsky moved to adjourn.  Second by Councilmember McGowan Motion carried, 7-0.  Meeting adjourned.

 

 

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