VILLAGE OF GRANVILLE
May 2, 2007
CALL TO ORDER (by Mayor Hartfield at 7:30 pm)
PLEDGE OF ALLEGIANCE
Those responding to the roll call were Councilmembers Barsky, Tegtmeyer, Mershon, O’Keefe, McGowan, Mayor Hartfield; Manager Holycross, and Law Director Crites.
Councilmember O’Keefe made a motion to excuse Vice Mayor Herman. Second by Councilmember Barsky. Motion carried (6-0)
APPROVAL OF AGENDA (7:33 pm)
Councilmember Mershon moved to amend the agenda and hold discussion of Item #6 prior to Item #5. Second by Councilmember McGowan. Motion carried (6-0).
CITIZENS COMMENTS (7:34 pm)
No one appeared to speak and Mayor Hartfield closed Citizens’ Comments at 7:35 pm.
JOINT MEETING OF THE VILLAGE COUNCIL AND TOWNSHIP TRUSTEES (7:36 pm)
Those responding to the roll call were Councilmembers Barsky, Tegtmeyer, Mershon, O’Keefe, McGowan, Mayor Hartfield, Trustee Havens, Trustee Sargent, Trustee King, and Fiscal Officer Kennedy.
Mr. Rob Drake stated that preservation, maintenance, and restoration efforts at the cemetery are on-going. He stated that the Fannins, who have helped with restoration efforts in years past, will be in town for a month this summer. Mr. Drake explained that 28 stones were restored last year. They plan to begin restoration on the largest monument in the cemetery this year. Mr. Drake stated that Mike Frazier has served as the Clerk-Treasurer of the Cemetery Board, is retiring from Denison University and moving from Granville. He stated that he will be replaced by Mr. Jim Paton.
Resolution No. 07-35, A Resolution of Appreciation to Michael and Marilyn Frazier for their Contributions to the Granville Community was introduced by Councilmember Barsky. Second by Councilmember Mershon.
Discussion: Councilmember Barsky read aloud the Resolution of Appreciation. Afterwards, Trustee Sargent read aloud a Resolution presented on behalf of the Township Trustees. He stated that Denison University and Park National Bank will not be the same without Mike and Marilyn Frazier. He thanked them for their contributions to Granville.
Resolution No. 07-35 is adopted. Motion carried 9-0.
Resolution No. 07-31, To Declare, with the Granville Township Trustees, that Operation and Maintenance of the Union Cemetery, Under the Provisions of Section 759.27 of the Ohio Revised Code, Continue and Fill the Expired Term on the Union Cemetery Board of Trustees, was introduced by Councilmember Mershon. Second by Councilmember Barsky.
Discussion: Councilmember Barsky made a motion to amend Section 3 and insert “Steve Mershon” on the blank line. Second by Councilmember McGowan. Councilmember Barsky made an additional motion to also amend Section 4 of the Resolution to include the name “Steve Mershon.” Second by Councilmember McGowan. Both motions carried 9-0.
Resolution No. 07-31 is amended. Motion carried (9-0).
Trustee Sargent made a motion to adopt Resolution No. 07-31. Second by Councilmember Barsky.
Resolution No. 07-31 is adopted as amended. Motion carried (9-0).
Mayor Hartfield adjourned the join meeting of Village Council and the Township Trustees.
Appointment of Clerk of Council
Manager Holycross introduced ‘Mollie Prasher’ as the newly hired Executive Secretary and Clerk of Council. He indicated that he would need to have a motion to appoint Mrs. Prasher as the Clerk of Council. Councilmember O’Keefe asked why this was necessary. Manager Holycross explained that the appointment as Executive Secretary can be done by the Village Manager administratively, but the appointment of Clerk of Council should be done by Council.
Councilmember Mershon made a motion to appoint ‘Mollie Prasher’ as the Clerk of Council. Second by Councilmember Tegtmeyer. Motion carried 6-0.
Council welcomed Mrs. Prasher and congratulated her on her new role as Village Executive Secretary and Clerk of Council.
Resolution No. 07-32, To Authorize Sidewalk Flower Sales on the Public Sidewalk at 120 East Broadway in Front of the Business Known as “Prudential Real Estate” for Calendar Year 2007, Subject to Restrictions, was introduced by Councilmember O’Keefe. Second by Councilmember Barsky.
Discussion: Manager Holycross noted one minor change to the Resolution in Item C – change the word “Café” to “Sales Area.”
Motion carried 6-0. Resolution No. 07-32 is adopted as amended.
Resolution No. 07-33, A Resolution To Award the Contract for the 2007 Street Improvement Projects, as per Specifications, to The Shelley Company and to Authorize the Village Manager to Enter into an Agreement Therefor was introduced by Councilmember Tegtmeyer. Second by Councilmember Barsky.
Discussion: Manager Holycross stated that Village Engineer, Jerry Turner, was available in the audience to answer any questions Council might have. Mr. Turner recommended that the contract only be awarded for the base bid. He stated that the alternate bids were out of line from his estimates. Mr. Turner went on to say that he feels the bids should be $20,000-30,000 less. Councilmember O’Keefe asked which streets would be involved for repaving. Councilmember Mershon stated that a part of Bryn Du Drive and Phase 1 area of Glyn Tawel Drive would be paved as well as Milner Road and Briar and Munson Streets. Mr. Turner explained that the bid included resurfacing asphalt and digging up some areas that need more attention (line item 4 in the contract.) Mr. Turner stated that the low bid was somewhere between $145,000 and $150,000, while he estimated the project to be around $77,900. He went on to say that he has worked with all four of the bidders.
Discussion: Motion carried 6-0. Resolution No. 07-33 6 is adopted.
Appeal of the Decision by Granville Planning Commission To Approve the Proposed Addition to Cleveland Hall on the Denison University Campus Under the Architectural Review Overlay Provisions of the Village Zoning Code.
Those responding to the roll call were Councilmembers Barsky, Tegtmeyer, Mershon, O’Keefe, McGowan, and Mayor Hartfield.
Councilmember O’Keefe stated that she would like to recuse herself from any discussion concerning the appeal hearing due to her husband being an employee of Denison University.
Mayor Hartfield stated that she would like to recuse herself from any discussion concerning the appeal hearing because a co-worker of hers is bidding on part of the project.
Those wishing to speak during the hearing were sworn in. Please note the official transcript of May 2, 2007 – Cleveland Hall Renovation. The appeal hearing was delayed until May 16, 2007 by request of Denison University and the Appellants.
Motion to adjourn the appeal hearing until May 16, 2007 was made by Councilmember Barsky. Second by Councilmember Tegtmeyer. Motion carried 4-0.
OLD BUSINESS (Mayor Hartfield and Councilmember O’Keefe rejoined the Council meeting)
Resolution No. 07-23, A Resolution To Fill A Vacancy on the Planning Commission was introduced by Councilmember Barsky. Second by Councilmember McGowan.
Discussion: Councilmember Tegtmeyer recused herself from the discussion and vote on Resolution No. 07-23. Mayor Hartfield asked if any of the applicants were in the audience and if they would like to speak. Mr. Tim Ryan, 327 Cedar Street, stated that he has lived in Granville for over 20 years. He has had a business in town for 17 years and he would love to work on the Planning Commission. Councilmember Mershon inquired if Mr. Ryan’s spouse was a teacher. Mr. Ryan stated yes. Council voted by ballot to fill the vacancy. The following individuals applied to fill the vacancy: Jeff Gill, Tim Ryan, and Carl Wilkenfeld.
Council voted by ballot. Councilmember McGowan made a motion to amend Resolution No. 07-23 and place “Tim Ryan” on the blank line. Second by Councilmember Mershon. Motion carried 5-0 and Mr. Ryan was appointed to fill the vacancy on the Planning Commission.
Councilmember O’Keefe made a motion to adopt Resolution No. 07-23. Second by Councilmember Barsky.
Resolution No. 07-23 is adopted as amended. Motion carried 5-0.
NEW BUSINESS CONTINUED (Councilmember Tegtmeyer rejoined the Council meeting)
Resolution No. 07-34, A Resolution Authorizing the Village Manager to Connect the Granville Service Department Building, 1833 Lancaster Road, to the Village’s Sewer System was introduced by Councilmember O’Keefe. Second by Councilmember Barsky.
Discussion: Jack Thornborough, who was seated in the audience, stated that the Service Department is located within the Township. He stated that if this facility is ever sold to an outsider they would have access to Village Sewer and Water. Manager Holycross stated that the current septic system at the Service Department is near failure. He stated that the only viable alternative, due to the high water table, is to connect to the Village sewer system. Councilmember Barsky inquired if the Village can place limits on the use of the facility due to the Village extending water and sewer for Village purposes only. Law Director Crites stated that there are Supreme Court cases relating to situations like this and that the Ohio Attorney General gives the municipality the right to place limits. Mayor Hartfield suggested structuring the Resolution in a way to control who can use the water and sewer system if the building were to ever sell.
Councilmember O’Keefe made a motion to amend Resolution No. 07-34 and add Section II to state: “The Sanitary Sewer line is for the sole purpose of the Village.” She also amended the Resolution to make the current Section II now Section III. Second by Councilmember McGowan. Motion carried 6-0.
Mr. Ben Barton, who was in the audience, stated that he would like to be on record saying that the water and sewer extension with this restriction has lessoned the value of this piece of property. Councilmember Barsky inquired on the effect of this extension. Manager Holycross stated that the connection would be made to an existing manhole that is south of Raccoon Creek and would not involve the extension of any sewer main.
Resolution No. 07-34 is adopted as amended. Motion carried 6-0.
REVIEW OF MINUTES
Regularly Scheduled Meeting of April 4, 2007.
Councilmember Barsky made a motion to table the minutes until the next Council meeting. Second by Councilmember McGowan. Motion to table the minutes carried 6-0.
Councilmember Mershon made a motion to approve the minutes as amended at the April 18th Council meeting. Second by Councilmember McGowan. Motion to approve carried 6-0.
Regularly Scheduled Meeting of April 18, 2007.
Councilmember McGowan moved to approve the minutes as amended. Second by Councilmember Barsky. Motion to approve carried 6-0.
Economic, Finance, Personnel Committee (EFP) – (Herman, Mershon, Tegtmeyer)
Granville Foundation – (Tegtmeyer)
Councilmember Mershon stated that there was discussion regarding the lease agreement with St. Luke’s Episcopal Church. He suggested that Council might want to go into Executive Session if the matter applies. Law Director Crites read aloud Section 121.22 (G(2). Councilmember Mershon concluded that an Executive Session would apply in this matter. Section 121.22(G)(2) states: “To consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of info would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest.”
Councilmember Mershon stated that the committee also discussed the performance review of a public employee and they hope to circulate material shortly and complete this process by the next Council meeting.
Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) – (Hartfield, Herman, McGowan)
Mayor Hartfield indicated that they have not met, but they have dealt with a few matters via email. She stated that one matter involved the sewer system at the Service Department building. She stated that another matter brought to their attention was a tree located at the Southeast corner of Cherry and Elm Street. She stated that a nearby property owner is concerned over safety since limbs are only on one side. Councilmember McGowan stated that this is due to AEP’s trimming two years back. Manager Holycross stated that the replacement tree would be consistent with what is already located on the street.
Planning Commission – (O’Keefe)
Councilmember O’Keefe stated that tan mullions were approved for Arby’s. She stated that their original request to have the burgundy mullions would not work because the glass manufacturer was unwilling to warranty them if they were burgundy. She stated that the Planning Commission was given a letter by the manufacturer stating that they would not warranty the pieces. Councilmember O’Keefe stated that there was a work session with Mr. George Fackler for a proposed building. Councilmember McGowan inquired on when the building for demolition would be removed. Manager Holycross stated that they have been delayed due to the weather and they are planning on taking it out soon. She stated that there was also a work session with Jeanne Cummins who wishes to erect a building next to Arby’s. Councilmember O’Keefe asked Manager Holycross if the trash bin issue with Brews has been resolved. Manager Holycross stated that there has been some discussion, but there also needs to be some further investigation. Councilmember Barsky inquired about work being done at a home on Mt. Parnassus. Manager Holycross stated that there was some discussion with an engineer hired by the property owner and that the Village Engineer will be contacting the property owner as well. Councilmember O’Keefe inquired about the neon sign located at the former Brews Café. Manager Holycross stated that the response from the owner was that the sign had been in place for 10-12 years, and he would check with the Law Director to see if the sign could stay. Mr. Riffle, who was in the audience, stated that a Change of Use restriction should apply in this case.
Planning & Zoning Committee – (Barsky, Mershon, O’Keefe)
Comprehensive Plan – (Barsky)
Recreation Commission – (McGowan)
161 Accord – (O’Keefe)
Councilmember O’Keefe stated that she has a list of goals set by the Accord if anyone is interested.
Senior Committee – (O’Keefe)
Tree & Landscape Commission (Barsky)
Councilmember Barsky stated that the Arbor Day celebration took place at Granville Intermediate School and one tree was planted. She stated that Mayor Hartfield attended and read the proclamation.
Union Cemetery (Mershon)
Councilmember Mershon reminded people that they welcome any help, especially the month that the Fannin’s are available for preservation efforts.
OTHER COUNCIL MATTERS
Mayor Hartfield stated that Bobbi Stover and John Berryhill will be attending a meeting regarding the current legislation to have court appointed Magistrates hold Mayor’s Court. She stated that the current legislation says that the Village would not have the ability to choose the Magistrate, but one would be appointed by the courts. Councilmember O’Keefe asked if the Mayor can be the Magistrate. Law Director Crites stated that they could potentially be a Magistrate if they are an attorney and appointed by the courts.
Councilmember McGowan stated that overflowing trash cans need to be tended to, especially with upcoming festivities such as Denison graduation. Councilmember Mershon added that Mr. Whitman and other business owners are aggressive at seeing to this matter.
Councilmember Barsky inquired on the enclosed letter in Council’s packets and negotiations with Time Warner Cable. She stated that the letters are addressed to Mr. Hickman and they should be made aware that Mr. Hickman is no longer the Village Manager. Mayor Hartfield inquired if the Village can solicit competition for television service. Manager Holycross indicated that he is aware of statewide campaign to put additional pressure on cable companies. He hears complaints that the current system is unfair. Councilmember Tegtmeyer stated that she recently read that AT&T has a statewide system that could potentially provide the same services as Time Warner Cable. She stated that if the legislation to use AT&T were to pass, it could make things extremely different. She went on to say that she will research this.
Council had a discussion regarding the request for a liquor permit for Dan Rogers at 123 South Prospect Street. Manager Holycross stated that the address listed on the liquor permit application does not exist. He stated that there is a 121 South Prospect Street address owned by Mr. Rogers. He stated that there is a homemade sign placed on a nearby garage with that house number, but the Village records do not show this address existing. He went on to say that the Liquor Control Board contacted the Village and they are aware of the address discrepancy. Councilmember O’Keefe asked how a liquor permit can be awarded to an address that does not exist. Manager Holycross stated that he did have a conversation with Mr. Rogers. Mr. Rogers stated that he feels it might be advantageous to control the use of the permit. Mr. Holycross stated that he is unsure what action the Liquor Control Board will take. Council discussed that they were not aware that another permit was even available. Councilmember Barsky stated that she thought there was a waiting list for permit requests. Councilmember Mershon stated that it appears to him that it might be beneficial for Council to request a hearing until they receive more information. Law Director Crites stated that this would preserve their right to make a decision down the road.
Councilmember Mershon made a motion to request a hearing with the Liquor Control Board in Columbus regarding the Dan Rogers Liquor permit for 123 West Maple Street and to have Law Director Crites represent the Village at the hearing. Second by Councilmember McGowan. The motion carried 6-0.
Councilmember Mershon stated that he does not want to see the Village resources wasted, but they have learned from past situations that their hands were tied. He stated that he in no way wants to pick on the applicant, but he feels they really need additional information regarding this matter.
Councilmember Mershon moved to enter into Executive Session, Pursuant to ORC 121.22(G)(2) – “To consider the sale of public property at a competitive bid.” Second by Councilmember Barsky.
Roll call vote: Tegtmeyer, Mershon, Barsky, Hartfield, O’Keefe, Barsky.
Time in: 8:58 pm. Motion carried 6-0.
Councilmember McGowan moved to return to regular session. Second by Councilmember Barsky.
Roll call vote: Tegtmeyer, Mershon, Barsky, Hartfield, O’Keefe, Barsky.
Time out: 9:25 pm. Motion carried 6-0.
ADJOURNMENT (9:27 pm)
Councilmember McGowan moved to adjourn. Second by Councilmember Mershon. Motion carried, 6-0. Meeting adjourned.