Granville Community Calendar

Council Minutes 2/21/07

VILLAGE OF GRANVILLE
COUNCIL MINUTES
February 21, 2007

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


PLEDGE OF ALLEGIANCE 


ROLL CALL
 Those responding to the roll call were Councilmembers Barsky, McGowan, Mershon, O'Keefe, Tegtmeyer, Vice Mayor Herman, Mayor Hartfield; Manager Holycross, and Law Director Crites.

APPROVAL OF AGENDA (7:31 pm)
Councilmember McGowan  moved accept the agenda as presented.  Seconded by Councilmember Mershon.  Motion carried (7-0).   

CITIZENS COMMENTS (7:32 pm)
Sharon Sellito, 215 South Cherry Street, stated that she felt the Village did an admirable job with removing the snow and ice from the week before.  Ms. Sellito stated that it was her understanding that an emergency Red Cross shelter could be set up at the Bryn Du Mansion if the need arises.  She asked how elderly people in the Village are supposed to get to the shelter if they are unable to drive themselves.  She also inquired on the arrangements one should make for their pets.  Manager Holycross stated that he would need to ask the Red Cross about these matters and he did not believe there were any provisions set in place to get people to the shelter.  Councilmember O'Keefe stated that the last she heard the Red Cross did not allow for pets in their shelters.  Councilmember Barsky stated that she recently was in a shelter management training class conducted by the Red Cross and she thought that they were in the process of changing the policy on allowing pets.


Mayor Hartfield closed Citizens' Comments at 7:38 pm.


PUBLIC HEARING
 Ordinance No. 01-07, An Ordinance Amending Section 1141.05 Of The Codified Ordinances To Provide For Notice To Adjacent And Contiguous Properties For Planning Commission Hearings and To Amend The Requirements With Regard To The Transcribing Of Meetings And Providing Notice Of The Commission's Decisions.

Discussion: Barbara Franks, 210 East Maple Street, stated that the Ordinance is taking away rights of the property owners.  She stated that she agrees that neighbors should be notified of things, but she feels a huge sign (like that placed on Dr. Doug Wagner's property) is overkill and Council does not need to invite the opinion and comments of others who will not be affected by the proposed changes.  Ms. Franks stated that it should be the job of the Village Planner to note when "hideous things" are done to one's property.  Mayor Hartfield stated that she would agree that the sign placed on Dr. Wagner's property for demolition was obscenely large.  She stated that they plan to make notification signs smaller and similar to real estate signs in size. 

Dennis Cauchon, 327 East Broadway, passed out a list of suggestions for Ordinance No. 01-07 to Council for their review.  He stated that he feels the information, such as the agenda, should be made available in the internet.  He also noted that the planning code does not require that the address of the property be made public, but it is always included.  He suggested that  the code should require this information.  Mr. Cauchon also suggested that the public notices should have a line or two giving a plain language explanation.  He stated that this is part of an initiative by Al Gore and more information is available at 'plainlanguage.gov.'  Mr. Cauchon went on to say that these suggestions could be beneficial and they are not at all costly to do. 

Sharon Sellito, 215 South Cherry Street, noted that the Ordinance speaks only in regards to an "applicant" and not an "applicant designee."  She stated that there may be a time, for example, when a son might speak on his mother's behalf, but he would not be the actual property owner.  Vice Mayor Herman questioned if this is intentional language in the Ordinance so that contractor's are not making requests on behalf of property owners.  Councilmember Tegtmeyer stated that if this change is made - how can Council be sure that the applicant designee is representing the actual applicant's wishes.  Law Director Crites was asked for his suggestion and he stated that he would need to review the matter to see what options Council might have.  Ms. Franks stated that perhaps a power of attorney letter/form could be signed by the property owner giving the applicant designee permission to speak on their behalf.  Law Director Crites agreed that something in writing could be submitted to Council.  He stated that it just depends on how formal Council would like to be.  Law Director Crites stated that in the event that an applicant designee were to speak on a property owner's behalf, Council could accept their testimony and later make an inquiry.  Councilmember Mershon questioned if a different section of the code deals with matters such as these.  Mr. Cauchon suggested keeping in mind the original intent and purpose of the Ordinance. 

Councilmember O'Keefe stated that she received a call from Gloria Hoover and she likes the part in the Ordinance that requires that a sign be placed on the property notifying people about proposed changes.  She stated that Ms. Hoover would like to see the notifications sent out by certified mail and she would like to see more time given from when the notices are sent out and the actual hearing.  Councilmember O'Keefe suggested moving the deadline for when an application can be received so people have more time to react.  Councilmember Barsky asked what effect this could have on the planning department.  Mr. Strayer stated that it would be more cumbersome for the applicant and they may need to wait three weeks out before the next meeting.  Vice Mayor Herman stated that this could potentially make it impossible for contractor's to work something out on short notice.  Councilmember Mershon stated that the notices are publisized in the Sentinel the Thursday before the meeting and contiguous neighbors will also receive notifications by mail.  He went on to say that he would hate to lose sight of the original goal to make this perfect.  He stated that if people come to them complaining that they are in need of more time to review matters then Council could address this.  He stated that these are not the types of complaints Council is hearing.  He went on to say that instead people are saying that they weren't aware of changes going on at all.  Councilmember Mershon suggested taking baby steps and expanding the current setup.  Councilmember O'Keefe stated that it is possible one could only have three days by the time they receive the mail notice and this is not enough time to rearrange a schedule to be at a hearing.  She suggested making a compromise on the timing and adding another two days.  Ms. Franks, who was in the audience, stated that in the past if a person objected to an issue and could not be present at the hearing the application was tabled and moved to be heard on a different date.  Vice Mayor Herman asked Councilmember O'Keefe if Ms. Hoover contacted her about this because she feels it is a current problem or something that she anticipates to be a problem.  Councilmember O'Keefe stated that she could not speak for Ms. Hoover and she stated that there are others who also feel that three days is not adequate time.  Councilmember Mershon stated that three days is the minimum amount of time, and there could actually be more time depending on whether or not it's a holiday weekend or how fast mail service is.  Councilmember Tegtmeyer inquired on how making these changes would affect the overall efficiency of applicants.  Mr. Strayer stated that there are basically no changes on his end and he would simply send out notices on a different day.  Mr. Cauchon reminded Council that the Ordinance does take extra steps as is and provides more public notice and notice to contiguous neighbors.  Ms. Sellito stated that the purpose of the Ordinance is to let people know what is going on.  She agreed that it would be nice to have more time, but this is not the focus - and being neighborly is.  Councilmember Tegtmeyer stated that Council wants to be neighborly without running up the costs or being inefficient.  Mayor Hartfield agreed that the intent of the Ordinance is moving in the right direction. 

Public Hearing Closed at 8:12pm. 

OLD BUSINESS
Ordinance No. 01-07, An Ordinance Amending Section 1141.05 Of The Codified Ordinances To Provide For Notice To Adjacent And Contiguous Properties For Planning Commission Hearings and To Amend The Requirements With Regard To The Transcribing Of Meetings And Providing Notice Of The Commission's Decisions was reintroduced by Councilmember McGowan and seconded by Councilmember Mershon.

Discussion: Councilmember Barsky made a motion to table Ordinance No. 01-07 due to the comments/concerns brought up this evening.  She stated that she thought the P&Z Committee could review the Ordinance once more.  Councilmember McGowan seconded.  Councilmember Mershon stated that much of what was brought up this evening was already discussed in committees.  Vice Mayor Herman agreed and stated that it might be different if Council has had people repeatedly coming to them asking for more time after reviewing the public notices.  He stated that they don't want to let perfect be the enemy of the good in this situation. 

Motion to table: (1) yeas, (6) nays.  Motion to table is denied. 

Councilmember O'Keefe made a motion to amend Section 1 - strike the word "six" and insert "ten."  Second by Councilmember Barsky. 

Vice Mayor Herman suggested that it would be best to make changes such as these in a committee structure.  He suggested passing the Ordinance tonight and then discussing and making changes to the Ordinance at a later time with amendments.  Councilmember Mershon stated that the Council can accomplish the proposed ideas in other ways and that the original intent of the Ordinance is a good idea by Mr. Cauchon.

There was a call to question on the amendment by Vice Mayor Herman.  Second by Councilmember Barsky. 

          Roll Call: Barsky, Tegtmeyer, Herman, McGowan, Hartfield, Mershon, O'Keefe. (7-0)

Roll call vote on Councilmember O'Keefe's proposed amendment to Section 1 of Ordinance No. 01-07: O'Keefe (yes), Mershon (no), Hartfield (no), McGowan (no), Herman (no), Tegtmeyer (no), Barsky (no). 

Motion to amend is denied (1-6). 

Councilmember Barsky stated that it is best to pass something tonight and revisit the matters brought up in committees.  Councilmember Tegtmeyer stated that they really need to see how the changes to the Ordinance impact the current setup and then possibly look at any additional changes later. 

Roll Call Vote on Ordinance No. 01-07: Mershon (yes), Tegtmeyer (yes), Herman (yes), O'Keefe (no), Barsky (yes), McGowan (yes), Hartfield (yes). 

Motion carried (6-1).  Ordinance No. 01-07 is adopted. 

Councilmember Mershon stated that the proposed signs to place on a property are not intended to convey a lot of information and they are not too large in size.  Mayor Hartfield agreed and stated that they envision them to be about the same size as a real estate sign.  Councilmember Tegtmeyer stated that she understood Ms. Frank's comments about not having a sign to shout out what one is doing and invite everyone's comments. 


NEW BUSINESS
 
Resolution No. 07-09, Authorizing The Village Manager To Advertise For Bids For The Sale Of Surplus Equipment was introduced by Councilmember Barsky.  Second by Councilmember O'Keefe.

Discussion: Council discussed the selling of the bricks from Burg Street.  Manager Holycross stated that the sale of these would be made public and he would see how the sale could be handled.  He added that he will see that it is a local sale.  Some members of Council asked if only one brick could be purchased.  Manager Holycross indicated that he would look at ways for people to be able to purchase just one brick.  Manager Holycross went on to say that the bicycles that are listed as surplus property are unclaimed bicycles.  He also explained that the street signs listed are the old wooden 4x4 posts with street names carved on them. 

Resolution No. 07-09 is adopted (7-0). 

Ordinance No. 02-07, Amending Section 1139.05 Of The Codified Ordinances To Provide For The Posting Of A Sign On A Property That Is The Subject Of A Hearing Before The Board Of Zoning And Building Appeals, And To Amend The Requirements With Regard To The Transcribing Of Meetings was introduced by Councilmember Mershon.  Second by Councilmember Barsky. 

Mayor Hartfield set the Public Hearing for Ordinance No. 02-07 for March 7, 2007.


REVIEW OF MINUTES
Previously tabled Meeting Minutes of January 17,  2007.
 Councilmember Tegtmeyer moved to accept the minutes as amended at the  February 7, 2007 meeting.  Seconded by Councilmember Barsky. 

 Motion carried 7-0.

Regularly Scheduled Meeting of February 7,  2007.
 Councilmember O'Keefe moved to accept the minutes as presented.  Seconded by Councilmember Barsky. 

 Motion carried 7-0.


MAYOR'S COURT REPORT -  January
The Mayor's Court Report for the month of January was presented for review.

 Discussion:  Manager Holycross noted the new reporting method using graphs.  He stated that they will continue to improve the report and he would appreciate any feedback from Council. 


 Councilmember Mershon moved to accept the December report, seconded by Councilmember McGowan.  Motion carried 7-0.

 Mayor Hartfield instructed the report be filed with the Clerk.  A copy of the said report is included as part of these minutes. 

 


MANAGER'S REPORT - January
The Manager's Report for the month of January was presented for review. 

 Discussion: Councilmember O'Keefe stated that she felt the Village staff did an excellent job with snow removal last week.  Manager Holycross stated that considering the circumstances with the snow and ice the Village did help remove snow on some sidewalks in front of businesses in town.  Councilmember O'Keefe stated that some are not aware that it is the responsibility of the property owner to ensure the sidewalks are cleared in a timely manner.  She stated that she noticed some of the sidewalks near the Granville Inn were not clear and even some sidewalks outside of a couple of churches.  Manager Holycross stated that the office did receive some complaints about the job the Village did in regards to snow removal, but he feels all in all they did do a fine job.  Councilmember Mershon stated that in regards to the sidewalks near the churches, he did see Reverend Applegate outside tending to the walkway near his church.  He stated that this was a particularly difficult snow to keep up with.  Councilmember O'Keefe wondered if the Village could have helped the churches in some way. 

 Councilmember McGowan moved to accept the December report, seconded by Vice Mayor Herman.  Motion carried 7-0.

 Mayor Hartfield instructed the report be filed with the Clerk.  A copy of said report is included as part of these minutes. 


COMMITTEE REPORTS  
Economic, Finance, Personnel Committee (EFP) - (Herman, Mershon, Tegtmeyer) 
Vice Mayor Herman stated that they hope to have a full Council work session on February 28th at 6:00pm to discuss matters for River Road annexation.  He asked for all members of Council to let Manager Holycross know if that date/time will work for them. 

Granville Foundation - (Tegtmeyer)
Councilmember Tegtmeyer stated that most officials have been elected and Richard Scott will be the next president of the Granville Foundation.  She stated that they have approved around $37,000 in grants and the recipients are currently being notified. 

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) - (Hartfield, Herman, McGowan)
Mayor Hartfield stated that the committee will meet on February 27th at 5:30pm.

Planning Commission - (O'Keefe)
Councilmember O'Keefe stated that there is no report because the meeting could not take place due to not having enough of the Commission member's present to hold the meeting.  She stated that all the agenda items have been moved to the February 26th meeting.  Council inquired if the attendance at the meetings by Commission members is something they need to address.  Mr. Strayer stated yes.  Councilmember Mershon stated that he recalls this subject being discussed in an Executive Session with a previous Council.  He asked if someone on Council whom attended the Executive Session could fill him in at a later time. 

Planning & Zoning Committee - (Barsky, Mershon, O'Keefe)
No Report.

Comprehensive Plan - (Barsky)
No Report.

Recreation Commission - (McGowan)
Councilmember McGowan stated that Spring signups for baseball, softball, and soccer will be held Saturday and Monday.  Councilmember O'Keefe stated that she would like to see dancing for Senior Citizens added to the list. 

Senior Committee - (O'Keefe)
No Report.

Tree & Landscape Commission (Barsky)
No Report.

Union Cemetery (Mershon)
No Report.


OTHER COUNCIL MATTERS
Councilmember Barsky stated that she would prefer to have the titles of all Resolutions and Ordinances left justified.  Manager Holycross stated that he would make this change for the future. 

Councilmember Mershon inquired on the status of the priority/action list.  Manager Holycross stated that he hopes to have something to Council in the next two weeks. 

Manager Holycross spoke in regards to the approved annexation.  He stated that it will be 90 days before the approval is final.  Councilmember Mershon stated that the staff did an excellent job in preparing for the hearing and that Manager Holycross also did a good job. 

EXECUTIVE SESSION
Councilmember O'Keefe moved to enter into an Executive Session, pursuant to Ohio Revised Code Section 121.22(G)(3), for the purpose of conferencing with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action. The motion was seconded by Councilmember Barsky.

Roll Call Vote: Mershon (yes), McGowan (yes), Tegtmeyer (yes), O'Keefe (yes), Barsky (yes), Herman (yes), Hartfield (yes). Motion carried (7-0).

Councilmember Mershon, seconded by Councilmember Herman, moved to return to Regular Session from Executive Session.

Roll Call Vote: Mershon (yes), McGowan (yes), Tegtmeyer (yes), O'Keefe (yes), Barsky (yes), Herman (yes), Hartfield (yes). Motion carried (7-0).

ADDITIONAL BUSINESS

Resolution No. 7-10, A Resolution Directing Special Counsel Not To Proceed With An Appeal To The Tenth District Court Of Appeals Of An Order Of The State Employment Relations Board.

Motion by Councilmember Herman, seconded by Councilmember Tegtmeyer, to adopt Resolution No. 7-10. 

Councilmember Barsky stated that the Council is satisfied with the existing collective bargaining agreement, the Village has a good relationship with the police officers, and the Village would rather move forward than belabor the point of the appeal.

Motion carried, 7-0. Resolution No. 7-10 is adopted.

ADJOURNMENT (9:19 pm)
 Councilmember Mershon moved to adjourn.  Second by Councilmember McGowan.  Motion carried, 7-0.  Meeting adjourned.

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