VILLAGE OF GRANVILLE
June 20, 2007
CALL TO ORDER (by Mayor Hartfield at 7:30 pm)
PLEDGE OF ALLEGIANCE
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 (7:32 pm)
Councilmember McGowan moved accept the agenda as presented. Second by Councilmember Barsky. Motion carried (7-0).
CITIZENS COMMENTS (7:32 pm)
No one appeared to speak. Mayor Hartfield closed Citizens’ Comments at 7:33 pm.
APPEAL OF PLANNING COMMISSION APPROVAL OF CLEVELAND HALL ADDITION
A court reporter was present to transcribe the discussion concerning the appeal. The transcript is included as part of these minutes.
Councilmember O’Keefe stated she would like to recuse herself from discussion of the proposed addition because her husband is an employee of Denison University. Mayor Hartfield stated that she too would like to recuse herself from discussion because a co-worker is quoting work for the proposed project at Denison University. Both Councilmember O’Keefe and Mayor Hartfield moved to be seated in the audience.
Those responding to the roll call were Council members Barsky, McGowan, Mershon, Tegtmeyer, Vice Mayor Herman; Manager Holycross, and Law Director Crites.
Mr. Bill Wernet made a motion stating that a document was forwarded to Council that had not been entered as part of evidence in the hearing. Mr. Wernet presented four items as exhibits A, B, C, and D.
After discussion of the appeal by Council (see court reporter transcription), Councilmember Mershon made a motion to overrule the motion presented by Mr. Wernet. Second by Councilmember McGowan.
Roll call vote to overrule the motion presented by Mr. Wernet: Herman, Barsky, Tegtmeyer, Mershon, McGowan. Motion carried 5-0. Mr. Wernet’s motion was overruled.
Councilmember Mershon made a motion to affirm the decision of the Planning Commission on February 26th for application Number 07-003. Second by Councilmember Barsky. Roll call vote to affirm the Planning Commission decision: Barsky (no), Tegtmeyer (yes), McGowan (yes), Mershon (yes), Herman (no). Motion carried 3-2. The decision of the Planning Commission on February 26th was affirmed.
Law Director Crites advised that the decision of Council will need to formalize it’s decision in writing within 45 days. Vice Mayor Herman inquired as to whether the prevailing side should begin these efforts. Law Director Crites stated that he could use the transcript to put something together for Council that they could modify if they wish. He stated that he could have this done in the next few weeks depending upon when he receives the transcript.
The discussion for the appeal of Cleveland Hall ended at 9:05pm. Mayor Hartfield and Councilmember O’Keefe rejoined the Council meeting at this time.
Ordinance No. 06-07, An Ordinance Accepting An Application For The Annexation of 514+/- Acres to The Village.
Discussion: Mike Bait, 125 Dorrence Road, Granville, read aloud a letter to Council. Mr. Bait explained that he does not believe that annexation alone will guarantee that the rural nature of the proposed land will remain. He added that it is unlikely that the residents living within the proposed area for annexation would choose to annex to Newark. Mr. Bait asked Council how the landowners could not insist on having water and sewer rights guaranteed if they are annexed into the Village. Councilmember O’Keefe explained that it is Council’s plan to zone the area as open space and the area will have zoning specifications very similar to what is currently in place by the Township. Councilmember Barsky added that the zoning in this area is being considered as work is being done on the current zoning code and the Comprehensive Plan. Mayor Hartfield stated that there would be significant costs incurred by the landowners if water and sewer extensions were ever considered. She added that there is risk of Newark being able to annex and develop certain areas. Mr. Bait asked what the impetus was of this annexation for the landowners. Mayor Hartfield stated that was more than just high density development. She stated that it was a way to remain part of Granville and the local community. She added that the majority of landowners did not want to see their land annexed to Newark. Mr. Bait asked if annexation to Newark can happen without their request. Mayor Hartfield stated yes and she stated that she feels some of Mr. Bait’s concerns could be addressed through the proper zoning. Manager Holycross stated that there would still be a five acre minimum in place as is with Township zoning. Councilmember Barsky stated that as a municipality, they will have more control when the land is annexed into the Village.
Trustee Wes Sargent stated that he was contacted a couple of years ago by some of the neighbors in the area. They were scared after they saw two huge developments nearby annexed to Newark. Trustee Sargent stated that as far as development goes, most of the land on the map is owned by the Township and is not at risk of being developed. He stated that with annexation into the Village, the landowners will not have to worry about plans Newark had for this area. He added that he did know that Newark did have plans for development. Trustee Sargent stated that the efforts to make this annexation happen have taken a tremendous amount of hard work. He thanked Council for all of their help. He stated that it has been a pleasure. The County Commissioners solidified this agreement because of the work the Township and Village did together.
Jim Eggenschwiler, 2307 James Road, Granville, stated that they are thankful for the work done by the Township and Village to make the annexation happen. He thanked them for the hard work to get them to this point.
The public hearing for Ordinance No. 06-07 was closed at 9:25pm.
Ordinance No. 07-07, an Ordinance Authorizing And Directing The Village Manager To Enter Into A Contract With The Board Of Trustees Of Granville Township For The Transfer Of Title To The Maple Grove Cemetery To The Township Upon Annexation Of Such Cemetery Into The Village Of Granville.
The public hearing for Ordinance No. 07-07 was closed at 9:26pm.
Ordinance No. 06-07, An Ordinance Accepting An Application For The Annexation of 514+/- Acres to The Village was reintroduced by Councilmember Tegtmeyer. Second by Councilmember Barsky.
Discussion: Councilmember O’Keefe inquired if there is an anticipated need for more police due to the annexation. Manager Holycross stated that he does not see an immediate need, but perhaps over time with increased traffic and development there could be.
Roll call vote on Ordinance No. 06-07: Barsky, McGowan, Mershon, O’Keefe, Tegtmeyer, Herman, Hartfield. (7-0).
Ordinance No. 06-07 is adopted.
Ordinance No. 07-07, an Ordinance Authorizing And Directing The Village Manager To Enter Into A Contract With The Board Of Trustees Of Granville Township For The Transfer Of Title To The Maple Grove Cemetery To The Township Upon Annexation Of Such Cemetery Into The Village Of Granville was reintroduced by Councilmember Mershon. Second by Councilmember McGowan.
Roll call vote on Ordinance No. 07-07: Barsky, McGowan, Mershon, O’Keefe, Tegtmeyer, Herman, Hartfield. (7-0).
Resolution No. 07-41, A Resolution To Award The Bid For Towing And Storage Of Motor Vehicles For The Police Department, As Per Specifications, To M & P Towing (M & P Auto Service), And To Authorize The Village Manager To Enter Into An Agreement was introduced by Councilmember O’Keefe. Second by Councilmember Barsky.
Discussion: Council discussed the resolution and two of the bidding companies included M & P Towing and Yonkers Towing. Councilmember McGowan noted that the cost to haul smaller vehicles was lower than the cost to haul larger vehicles. He questioned what size vehicles were being quoted. Manager Holycross stated that the police chief did an analysis and determined that the Village towed more small vehicles than large, and M & P’s quote for smaller vehicles was less he, therefore recommended M & P. A representative from Yonkers Towing stated that he bid less for the larger vehicles, and that M & P Towing is not equipped to tow larger vehicles. Vice Mayor Herman questioned if M & P Towing bid for larger vehicles as well as smaller ones. Manager Holycross stated yes, and that perhaps they plan to hire someone else to tow the larger ones if they are unable. Council discussed the liability insurance amount of $100,000 and questioned if this was enough. Councilmember Barsky stated that the liability amount was requested by the police department. Councilmember Barsky asked if each of the bidders bid on the whole form. Manager Holycross stated he believed they bid from a form provided by the police department. Councilmember McGowan questioned who had the contract in the past. A representative from Yonker’s Towing stated that they had the contract for the past two years. He stated that they averaged around three calls per week in the past. Councilmember Barsky stated that she is inclined to go with the cheapest alternative, but she does agree that perhaps more information should have been provided to them to make a decision. Councilmember Mershon stated that he agreed with Councilmember Barsky, but he trusts the Chief’s assessment. Council continued to discuss the issue of not having all of the information in front of them. Manager Holycross suggested that the matter could be tabled. He would work on getting some of their concerns answered.
Councilmember McGowan made a motion to Table Resolution No. 07-41. Second by Councilmember Barsky. Motion carried 7-0. Resolution No. 07-41 is Tabled.
REVIEW OF MINUTES
Tabled Minutes of the Regularly Scheduled Meeting of May 2, 2007.
Councilmember Barsky made a motion to remove the minutes from the table. Second by Councilmember McGowan. Councilmember McGowan moved to approve the minutes as amended. Seconded by Councilmember Barsky. Motion to approve carried 7-0.
Tabled Minutes of the Regularly Scheduled Meeting of May 16, 2007.
Councilmember O’Keefe made a motion to remove the minutes from the table. Second by Councilmember Barsky. Vice Mayor Herman moved to approve the minutes as presented. Second by Councilmember Barsky. Motion to approve carried 7-0.
Minutes of the Regularly Scheduled Meeting of June 6, 2007.
Vice Mayor Herman moved to approve the minutes as amended. Second by Councilmember McGowan. Motion to approve carried 7-0.
MAYOR’S COURT REPORT – May
The Mayor’s Court Report for the month of May was presented for review.
Councilmember O’Keefe moved to accept the May report, second by Councilmember Barsky. 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 – May
The Manager’s Report for the month of May was presented for review.
Discussion: Councilmember Barsky noted the large number of police checks due to unsecured buildings at the school. Councilmember O’Keefe asked about the 25% decrease in income tax receipts. Manager Holycross stated that they are up by 2% for the year. He stated that it is typical to see fluctuations on the backside of April. He will be keeping an eye on June and July numbers. Vice Mayor Herman stated that there seems to be a trend in May reductions according to years past. Councilmember Barsky noted that radar details are up. Manager Holycross explained that this is an effort to have police cars more visible, specially in areas of concern.
Councilmember Barsky moved to accept the May report, second by Councilmember McGowan. 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.
Economic, Finance, Personnel Committee (EFP) – (Herman, Mershon, Tegtmeyer)
Vice Mayor Herman stated that he would like to request an Executive Session at the next Council meeting to discuss personnel matters.
Granville Foundation – (Tegtmeyer)
Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) – (Hartfield, Herman, McGowan)
Manager Holycross stated that they need to schedule a meeting in the next two to three weeks to discuss pending matters.
Planning Commission – (O’Keefe)
Councilmember O’Keefe stated that there was a window and sandwich board sign approved for a business on North Prospect Street. She stated that approval for a new awning was also given to the James Store. She went on to say that windows and skylights were approved for a home on North Pearl Street. Councilmember O’Keefe asked Manager Holycross if the garage on East Broadway was out of proportion from what was approved. She stated that there have been questions about this issue. Manager Holycross indicated that everything appears to be in line with what was proposed, but they would take measurements. Councilmember O’Keefe went on to say that there is also concern that procedures are not being followed for a home on East College Street. Manager Holycross stated that he would look into this.
Planning & Zoning Committee – (Barsky, Mershon, O’Keefe)
Councilmember Barsky stated that Poggemeyer Associates and Doyle Clear are waiting on specific information from the Village to continue looking at the proposed River Road annexation issue. She stated that she has concerns over traffic in the proposed area and she contacted the developers/landowners because she was concerned that they believe Council is intentionally dragging their feet. Councilmember O’Keefe asked if she contacted them on behalf of the Planning and Zoning Committee. Councilmember Barsky answered no. She stated that she wanted to relay her concerns, but not in a public meeting. She also asked for feedback from Council regarding Poggemeyer’s involvement. Vice Mayor Herman stated that he is fine with their involvement as long as they don’t muddy the waters. She stated that she intended for Bill Habig and Poggemeyer to talk with Manager Holycross first. Manager Holycross stated that he has spoken with Bill Habig and he is willing to meet with him to provide assistance that could be helpful. Councilmember Tegtmeyer asked if Poggemeyer is waiting on information from the Village. Manager Holycross stated that they are waiting on some things and due to the work load and lack of staff; he has been unable to gather all of this information. He added that what has been done so far has been on the weekends and evenings. The planning intern has just now returned after being away for two weeks. Councilmember Barsky stated that she contacted the developers and told them that she would request that Council meet to have information to them – hopefully targeting July 1st. She added that she would like to see Council make a decision, rather then the developers. Vice Mayor Herman asked what could be done to move this along. Councilmember Barsky asked how they can aim to have all of the needed information by July 1st. Manager Holycross stated that it won’t take long for Poggemeyer to do the analysis once they have all of the needed information filled in on their spreadsheet. Council asked what they could do to help to ensure this work gets done. Vice Mayor Herman stated that this issue is a major priority and he believes this is what Manager Holycross is hearing from Council. He asked if it is reasonable to know by next week what kind of time frame they are looking at and to have some target dates. Manager Holycross stated yes. Councilmember Barsky stated that she asked the developers to look at the SBD (Suburban Business District) and get back to them. She added that she did tell them that urbanism was out of play as this would only complicate things. Councilmember Mershon stated that Council discussed staging utility construction as well as staging the annexation. He mentioned that perhaps they could look at the property that has proposed development. He stated that this may mean economic costs are delayed and traffic issues would need to be the main focus. Councilmember O’Keefe asked if the developers are able to build what they want to build. Councilmember Barsky stated that they have had discussions with the EPA and they have an alternate plan in place. Councilmember Mershon stated that they have shown them private sewer plans for River and Weaver Road. Councilmember O’Keefe asked what would happen if the EPA approves their plans and the sewer system fails. Councilmember Barsky stated that our current plan says they would have to annex them. Councilmember Barsky stated that Council ought to have information by the first Council meeting in July because it looks Council is unwilling to move on this matter. Councilmember Barsky also stated that the P&Z Committee has not addressed the Zoning Document and Flood Plain and they also need to continue work for River Road.
Comprehensive Plan – (Barsky)
Councilmember Barsky stated that Phil Honsey of Poggemeyer Associates plans to have a draft of the Comprehensive Plan completed by August.
Recreation Commission – (McGowan)
Councilmember Barsky stated that she has concerns that the long range plan and report provided by the Recreation Commission does not clearly provide data and was not professionally done. She stated that she was very disappointed in what she saw. Councilmember O’Keefe questioned if this report will be given to Poggemeyer for the Comprehensive Plan. Councilmember McGowan stated that the report was done from a gentleman from Parks and Recreation in Des Moines, Iowa. Councilmember Barsky stated that the report shows no expertise in strategic planning.
Senior Committee – (O’Keefe)
Tree & Landscape Commission (Barsky)
Councilmember Barsky stated that Jim Siegel is tracking an area in Granville where the gypsy moth is invading. She stated that they may have to investigate the possibility of spraying. Furthermore, Councilmember Barsky stated that a survey of 4000 trees in Granville has been completed, and that 400 need attention, while approximately 100 are considered dangerous and need to be taken down. She added that Terry Hopkins is double checking the recommendations with the Tree and Landscape Commission.
Union Cemetery (Mershon)
OTHER COUNCIL MATTERS
Councilmember Barsky – Comprehensive Plan
Councilmember Tegtmeyer explained that proposed State legislation intended to deregulate the cable industry and to completely overhaul all franchise agreements with local municipalities is nearly complete. She stated that the intent is to have a statewide franchise instead. Councilmember Tegtmeyer stated that she is still researching this matter and has not received a response from Time Warner Cable. Councilmember Tegtmeyer stated that she sees the proposed legislation making it harder for smaller franchises to compete and it is also a free speech issue. She went on to say that she is not sure what steps Council would like her to take, but she is willing to do whatever the consensus is. Councilmember Barsky questioned if Councilmember Tegtmeyer should send something to the legislature and asked for Council’s thoughts. Council showed no objections to having Councilmember Tegtmeyer send a letter to the state legislature showing their disapproval of the proposed legislation.
Councilmember Barsky asked what the status was with the liquor permit requested by Dan Rogers. Manager Holycross explained that Mr. Rogers’ attorney has requested a continuance.
Mayor Hartfield asked Council if they wanted to walk in the July 4th Parade. Council agreed to meet at the continental breakfast at the Granville Inn on July 4th before the parade.
Council changed their next scheduled meeting date of July 4th to July 11th due to the holiday.
Mayor Hartfield stated that she has been invited to a ribbon cutting for Arby’s on June 27th. She stated that she is unable to attend and wondered if anyone else would like to attend. She stated that she would forward the request via email to Council.
Mayor Hartfield stated that she has been asked to judge a pet rescue on July 7th at 12:30pm. She stated that she does not have any specific information about the event and she would also forward this information to Council if they are interested.
ADJOURNMENT (10:33 pm)
Councilmember McGowan moved to adjourn. Second by Councilmember Mershon. Motion carried, 7-0. Meeting adjourned.
Mayor Melissa Hartfield
Submitted by Melanie Schott
Deputy Clerk of Council