Granville Community Calendar

Council Minutes 9/19/07

VILLAGE OF GRANVILLE
COUNCIL MINUTES
September 19, 2007


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


PLEDGE OF ALLEGIANCE


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

Vice Mayor Herman made a motion to excuse Councilmembers Barsky and McGowan. Second by Councilmember Tegtmeyer. Motion carried 5-0.


APPROVAL OF AGENDA (7:33 PM)
Councilmember Tegtmeyer moved to accept the agenda as presented. Second by Vice Mayor Herman. Motion carried (5-0).


OATH OF OFFICE
Mayor Hartfield read the Oath of Office to Officer Zach Smith, Officer Chase Rogers, and Reserve Officer Tasha Hupp. She congratulated each officer.


CITIZENS COMMENTS (7:38 PM)
Art Morrow, 736 Mt. Parnassus Drive, stated that he and his wife own ten acres on Mt. Parnassus. He questioned if specific hunting areas for the deer management program had already been set. He would like to be able to hunt on his own land. Manager Holycross indicated that no areas would be selected until Council has approved the ordinance, but the staff is compiling a list of property owners who would be willing to make their property available to hunters. Mr. Morrow indicated that he observed six deer this evening, but has observed as many as fifteen. He is also in support of an ordinance that would prohibit feeding deer.

Jim Mischler, 246 Bryn Du Drive, indicated that he and his neighbors are in favor of the deer management program. He would also like to offer his property for hunting.

Tim Hughes, 630 Newark-Granville Road, asked the audience who was in favor of bow hunting. (The majority of the audience raised their hands.) He represented himself and several of his neighbors who could offer 17 acres as potential hunting property.

Ruth Fetter, 230 Bryn Du Drive, reported that she has lost thousands of dollars of landscaping. The deer issue has become a tremendous problem. She has counted over thirty deer at a time in her yard. The does reproduce having twins and triplets.

Jack Wingert, 179 Victoria Drive, described himself as an avid gardener. He commented that the deer are eating everything including deer resistant plants. He thanked Council for tackling this issue and appreciated their efforts. Councilmember O’Keefe indicated that she had taken a group of senior citizens to see Mr. Wingert’s gardens, and confirmed the gardens magnificence.

Janet Worth Weaver, 2020 Burg Street, reported to Council that the deer management plan should not be multiple choice with only one right answer. The only solution suggested has been the use of lethal means. She provided the Clerk of Council that evening with a copy of the Howard County Department of Recreation and Parks Comprehensive Deer Management Plan. This plan uses a variety of approaches including counting deer, an educational component, reduction of wildlife/ human conflicts, the use of Strieter light reflectors, habitat plantings, investigation of an underpass and road crossing projects, and hunting. She asked that council please consider non-lethal methods.

Terri Hostettler, 19 Victoria Drive, has observed an increase in the deer population over the past four years. They recently had a deer die by their garage. The deer was extremely thin. There is no longer undergrowth in the Fern Hill area. She is in support of some type of control using both lethal and non-lethal methods.

Sharon Sellitto, 215 South Cherry Street, spoke against the hunting program. She indicated that she has not seen any additional signage or reflectors installed as the deer population has grown. Mayor Hartfield indicated that signage was included as part of the deer management plan. Ms. Sellitto requested specific information regarding non-lethal alternatives.

Don Ellington, 676 Harlech Drive, introduced himself as a member of the Newark City Council. He indicated that Newark would be supportive of a collaborative effort between Newark and Granville regarding the deer issue.

Mayor Hartfield closed Citizens’ Comments at 7:53pm




PUBLIC HEARING

Ordinance No. 12-07, To Amend Section 505.11 of the Codified Ordinances to Allow the Trapping of Nuisance Animals Under Specified Circumstances, and Declaring an Emergency.

Sharon Sellitto, 215 South Cherry Street, questioned why target shooting was added to this ordinance. Mayor Hartfield, upon reviewing Ms. Sellitto’s print out from the web site, determined that Ms. Sellitto was looking at a copy of the 2004 Codified Ordinances. Manager Holycross indicated that the codes were just recently updated and the new 2007 codes were in the process of being uploaded to the Granville Village web site. Target shooting was approved for the newly annexed portion of the Village, south of State Route 16, about one year ago.

Kathy Nichols, 233 Glyn Tawel Drive, spoke in support of the nuisance ordinance. She indicated that she too has observed 30-40 deer in her yard in Bryn Du. They have eaten her vegetation including deer resistant vegetation. However, she has found that nothing is groundhog resistant. Groundhogs have burrowed under her home, in her yard, and even become entangled in her son’s soccer net. She has contacted Omega Pest control on several occasions to have groundhogs humanely removed from her yard.

Sharon Sellitto, 215 South Cherry Street, indicated that Dave from Omega Pest Control informed her that he drowns skunks and groundhogs. Chief Mason advised that legal issues sometimes require both the police department and pest control agents to dispose of trapped animals.

Janet Worth Weaver, 2020 Burg Street, indicated that there are humane ways to deal with local wildlife. Outside organizations can come in and humanely handle these animals. There are currently no local companies, but the Village could initiate and encourage humane practices.

Art Morrow, 736 Mt. Parnassus Drive, requested amending the ordinance (by adding paragraph d from the deer ordinance specifically) to allow the Chief of Police to establish rules, regulations, and allowed locations for trapping in the Village.

Mayor Hartfield closed the public hearing for Ordinance No. 12-07 at 8:10pm


OLD BUSINESS

Ordinance No. 12-07, To Amend Section 505.11 of the Codified Ordinances to Allow the Trapping of Nuisance Animals Under Specified Circumstances, and Declaring an Emergency, was introduced by Steve Mershon. Second by Councilmember O’Keefe.

Discussion:
Councilmember Mershon indicated that the current language in Ordinance 12-07 seems to cover trapping in the Village by health department officials, pest exterminators and law enforcement, and give them the authority to handle any nuisance animal. This ordinance seems to provide the flexibility needed.

Councilmember Tegtmeyer agreed with Councilmember Mershon that the ordinance as written covers any concerns regarding the flexibility of the ordinance.

Vice Mayor Lon Herman asked if section (b)(1) covers any other individuals not specifically listed. Councilmember Mershon indicated that section 1 refers to that area in the newly annexed portion of the Village. Vice Mayor Herman questioned if what Mr. Morrow was asking was to permit any hunter, with the approval of the Police Chief, to trap. Mr. Morrow answered in the affirmative. Councilmember Tegtmeyer asked Mr. Morrow why he would find it useful for someone other than a health department official, pest control agent or police officer to trap an animal. Mr. Morrow was interested in allowing trappers, who might be unlicensed, to trap an animal as well as homeowners.

Mayor Hartfield questioned whether the last sentence in section (c) would cover that type of individual. Manager Holycross indicated that this ordinance was written to immediately remedy the issue, that under current law, no one was legally authorized to handle nuisance animals. This amended ordinance was designed to allow pest control agents, the police department, and the health department officials to handle these types of animals. This ordinance was not designed to address the issue of permitting homeowners or unlicensed individuals trapping privileges on private property; that type of ordinance would require additional guidelines and restrictions. Mayor Hartfield suggested that staff address the additional issues that were discussed regarding allowing property owners and unlicensed trappers to trap within the Village. Councilmembers Tegtmeyer advised residents that Council would accept any suggestions from community members regarding this issue.

Mayor Hartfield asked if there were any other questions or additional comments.

Roll call for the Emergency clause in Ordinance No. 12-07. Adopted 5-0

Roll call on Ordinance No. 12-07. Adopted 5-0.

Mayor Hartfield announced that Ordinance 12-07 passed with an emergency and will take effect immediately.







NEW BUSINESS

Manager Holycross provided a PowerPoint presentation outlining the deer management program. A copy of that presentation is included with these minutes.

Following the presentation, the forum was opened to questions. One resident asked if she could sign-up to provide her property for the program. Mayor Hartfield requested that members of the audience could indicate their interest on a sign-up sheet being passed around the room.

Mark Parris, 251 Bryn Du Drive, commented that the hunter orange regulation may not be appropriate for bow hunting. Orange is used primarily for gun season. He also indicated that our regulatory process may be too restrictive.

Councilmember Tegtmeyer asked what the deer population standard should be and what standard should be used to evaluate the effectiveness of the program. Audience member Parris indicated that the biological effect on flora and fauna can be used as an evaluation tool.

Vice Mayor Herman voiced his concern as to what will it take to make the program effective in regard to reducing the current deer population.

Marty Warthman, 161 Brennan Drive, was supportive of the plan and understood that the plan would have to be consistent to be effective. She did voice a concern that adjacent property owners should be notified of any hunting on neighboring property. Vice Mayor Herman agreed with Mr. Warthman’s suggestion.

Brad Parsons, 137 Fern Hill Drive, felt that once some of the deer are culled, the population may balance itself out. He indicated that he was also in favor of an ordinance that would ban the feeding of deer. Vice Mayor Herman asked Manager Holycross to draft measures to ban the feeding of deer.

Councilmember O’Keefe asked about the issue of contraception. Mayor Hartfield indicated that it is illegal to use contraceptive measures on the deer population in the State of Ohio. Manager Holycross reported that studies showed the use of contraceptive measures required the treatment of 80% to 90% of the herd each year in order to have any effect.

Councilmember Mershon had several questions that he wanted staff to address prior to the next Council meetings.

1. He questioned the policy of requiring documented urban hunting experience. Was there room for local hunters and/or younger hunters?
2. Why are tree stands not required?
3. Cost of processing meat
4. Notification to residents
5. How will the closing or limiting access to public areas work?
6. Why is hunting limited to only bow hunting season?
7. Was interested in seeing some proposals regarding specific plans to implement non-lethal options including restrictions on feeding the deer.
8. Address the issue of deer/human interaction over the next few years.

Mark Parris suggested selecting residents to help maintain a deer count. Councilmember Tegtmeyer agreed that some form of statistical process could be designed to keep track of deer as the program progresses. An audience member suggested providing trail cameras to track deer. Councilmember Tegtmeyer wondered how accurate cameras would be.

Councilmember O’Keefe asked how the criteria for hunter selection were determined for setting standards for the hunter’s packet. Manager Holycross indicated that the standards were selected from several existing programs. Mayor Hartfield indicated that the suggested program requests an extensive background check.

Councilmember O’Keefe asked how it could be determined that a hunter had been drinking in the past eight hours. Councilmember Tegtmeyer indicated that the restriction allows the police to ask for a breathalyzer test. Chief Mason indicated that the department has a portable unit that can be taken out into the field and used if a hunter’s sobriety is in question.

Councilmember Tegtmeyer indicated that one of her main concerns is to ensure the humane treatment of the deer. It is important that the hunters, who are selected for the program, are excellent marksmen.

Vice Mayor Herman questioned what was meant by pilot program. Manager Holycross responded that a “full-blown” program is not possible to implement this year due to lead time. We are unsure of the number of applicants who will apply and available areas to hunt. Vice Mayor Herman asked if there was a target number. Manager Holycross indicated that he did not have a specific target number of hunters or deer to be taken. Chief Mason added that in the Gahanna program for this year, they had two hundred applicants, but only forty may participate.

Councilmember O’Keefe asked if the Village would be paying the hunters. Mayor Hartfield indicated that the only cost would be staff’s administrative costs.

An audience member indicated that the Village was imposing a more stringent background check than the State requires. Manager Holycross indicated the Village would be more stringent as we would be bringing hunters into an urban area and the need to ensure public safety.


Mark Parris asked if hunter’s who want to hunt on their own land would be required to go through the same process? Manager Holycross indicated that the program was looking into the issues involving homeowners who want to hunt on their own property.

Brad Parsons asked about trapping deer and transporting the deer. Mayor Hartfield indicated that the deer usually die when this method has been used. Mr. Parsons was interested in trapping the deer and contacting the police or some other organization to remove them from his property. Councilmember Tegtmeyer suggested waiting to see where the hunting areas are located to determine if his property may benefit from the program.

Councilmember Mershon mentioned that there are other options that were not recommended here such as salting and drawing the deer in to kill them. Manager Holycross indicated that those suggestions could be part of the program. Councilmember Mershon responded that this program offers a place to start.

Councilmember Hartfield thanked the staff for the time and effort put into developing this program.

Ordinance No. 13-07, An Ordinance Enacting Section 505.11 of the Codified Ordinances to Allow Limited Hunting as Part of a Deer Management Program and Declaring an Emergency, was introduced by Councilmember Tegtmeyer. Second by Vice Mayor Herman.

Mayor Hartfield set the public hearing for Ordinance No. 13-07 for October 3, 2007.


Appointment to the Board of Zoning and Building Appeals

Mayor Hartfield indicated that Councilmember Tegtmeyer recused herself from the appointment of the committee member.

Mayor Hartfield asked if anyone, who was interested in the BZBA appointment, would like to speak on their own behalf.

Jeff Gill, 120 Bantry Street, indicated that he has shown an interest in participating in various aspects of Village government in the past. He was involved in local government while living in the Village of Hebron. He was active with historic preservation and planning issues in the historic district of the city of Fairmont, West Virginia. He was willing and happy to provide his service.

As there were no other candidates to speak, Mayor Hartfield called for Councilmembers to mark their ballot. The votes were tabulated by Law Director Crites. Mayor Hartfield requested a motion to appoint Jeff Gill as a member of the Board of Zoning and Building Appeals.
Vice Mayor Herman moved to appoint Jeff Gill as the newest member to the Board of Zoning and Building Appeals. Second by Councilmember O’Keefe. Motion passed 5-0. The resolution defining this action will be prepared for the next Council meeting.


Resolution No. 07-47, To Accept the Amounts and Rates as Determined by the Budget Commission and Authorizing the Necessary Tax Levies and Certifying Them to the County Auditor, was introduced by Councilmember Mershon. Second by Councilmember O’Keefe.

Discussion:
Manager Holycross indicated that this resolution is a matter of housekeeping.

Resolution No. 07-47 is adopted. Motion passed 5-0.


REVIEW OF MINUTES
Councilmember O’Keefe made a motion to table the September 5, 2007 minutes until the next Council meeting. Second by Vice Mayor Herman.

Motion to table the minutes carried 5-0.


MAYOR’S COURT REPORT – August
The Mayor’s Court Report for the month of August was presented for review.

Discussion: Mayor Hartfield indicated that she would be meeting with representatives of Denison University discussing town and gown issues.

Councilmember Mershon moved to accept the August report. Second by Councilmember O’Keefe. Motion carried 5-0. Mayor Hartfield instructed the report be filed with the Clerk. A copy of the Mayor’s Report was filed as part of these minutes.


MANAGER’S REPORT – August
The Manager’s Report for the month of August was presented for review.

Discussion: Councilmember Tegtmeyer asked that “Monthly” be spelled correctly on the report cover.

Councilmember O’Keefe moved to accept the August report. Second by Councilmember Mershon. Motion carried 5-0. Mayor Hartfield instructed the report be filed with the Clerk. A copy of the Manager’s Report was filed as part of these minutes.
COMMITTEE REPORTS

Economic, Finance, Personnel Committee (EFP) – (Herman, Mershon, Tegtmeyer)
Mayor Hartfield indicated that the 2008 budget is scheduled to be completed in the next thirty to forty-five days. Salary proposals are due at the end of September. The next meeting is scheduled for Wednesday, October 10th at 5:30pm.

Granville Foundation – (Tegtmeyer)
Councilmember Tegtmeyer indicated that the Granville Foundation is looking for new board members. If Council has suggestions or recommendations, please forward them to Councilmember Tegtmeyer prior to the next Council meeting.

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) – (Hartfield, Herman, McGowan)
Mayor Hartfield reported that the LSSU committee met the night before Council’s meeting. Manager Holycross presented the deer management PowerPoint presentation which was shared with Council tonight. The addition of a sidewalk along Burg Street was discussed. The Committee also heard an update from Finance Director Molly Roberts regarding the Main Street pedestrian bridge. Ms. Roberts asked Council for their recommendation on how to proceed with selecting a bridge style and design. Councilmember Tegtmeyer asked what type of recommendations Ms. Roberts was requesting. Vice Mayor Herman indicated that there were two engineering designs: a single span or a tri-span. The question was also discussed as to setting up a meeting to get public comment or make the information available during public events such as the library reopening or the Candlelight Walking Tour. Councilmember O’Keefe asked what the basis was of the County’s decision regarding the engineering designs. Vice Mayor Herman reported that the decision was based on hydrology. Councilmember Tegtmeyer asked if the location of the bridge had been determined. Manager Holycross indicated that per ODOT’s specifications, the bridge has to be within the state right-of-way. Mayor Hartfield indicated that the right-of-way was about 35 feet from the bridge, so our location options are limited. Councilmember Mershon asked if the minutes of the LSSU meeting were available or the materials about the Burg Street information. Manager Holycross indicated that the minutes would be available. There was also a cost estimate from Bird & Bull to estimate the cost of engineering this path which would be provided to Council. Mayor Hartfield indicated that there is a line item in this year’s budget to cover the cost of these engineering fees. The estimate would not cover the cost of any easements. Councilmember O’Keefe asked what other streets in the Village do not have sidewalks. Vice Mayor Herman responded that many streets do not have sidewalks: Fern Hill, Mt. Parnassus, and parts of West Broadway. Councilmember Mershon indicated that his question related to how this pathway plan would fit into the Village’s Capital Plan. He was unsure what the Capital Plan outlined for sidewalks. He was asking for any additional information that may have been provided to the committee. Manager Holycross reported that the school district has applied for a grant through the Safe Routes to School program. A possibility exists that if the grant was funded and the Burg Street sidewalk was identified as one of the primary routes to school, there might be State funding available for this project. The grant is very competitive. Mayor Hartfield reported that the initial grant offering for $3 million dollars received $30 million dollars in requests.

Planning Commission – (O’Keefe)
Councilmember O’Keefe reported that Jerry Martin had voiced a concern about the new Delmar restaurant and the location of their dumpster on the corner of North Prospect and East College Street. The application, from the residents who proceeded with their addition project without securing a permit, was tabled at the last Planning Commission meeting as the applicants did not provide the necessary plans. Dan Rogers application for a change of use was also tabled to allow Mr. Rogers time to secure access agreements with his neighbors and Park National Bank as well as submit a site plan. There were two work sessions with a property owner on Speedway Drive and Ross’ Granville Market. A court recorder was present for this past Planning Commission meeting. Councilmember O’Keefe reported that there were Planning Commission members who suggested revisions to the Codes regarding roof pitch and the use of natural materials in the AROD. Gloria Hoover also provided a letter indicating a concern about the property next to her property. She is concerned about the deterioration of her neighbor’s property.

Planning & Zoning Committee – (Barsky, Mershon, O’Keefe)
No report.

Recreation Commission – (McGowan)
No Report.

Route 161 Planning Accord – (O’Keefe)
No Report.

Comprehensive Plan – (Barsky)
No Report.

Senior Committee – (O’Keefe)
No Report.

Tree & Landscape Commission (Barsky)
No report.

Union Cemetery (Mershon)
No Report.

OTHER COUNCIL MATTERS

Councilmember O’Keefe reported that Big O would be starting its new recycling program effective October 1st. They recycle glass bottles, plastic containers, newspaper and magazines. Other trash haulers also offer similar services. Vice Mayor Herman indicated that all carriers are required to offer a recycling program. Manager Holycross indicated that Big O would only be offering one level of service to its customers at a rate of $21 per month, which was the same rate as Big O customers, who recycle, currently pay.

Councilmember Tegtmeyer advised Council that the Open Space Committee meeting would be Thursday, September 20th at 7:00pm in the Granville Township building.


EXECUTIVE SESSION
Councilmember O’Keefe moved to enter into Executive Session, Pursuant to ORC 121.22(G)(2) – “To consider the sale of public property.” Second by Vice Mayor Herman.

Roll call vote: Mershon, O’Keefe, Tegtmeyer, Herman and Hartfield.
Time in: 9.49pm. Motion carried 5-0.

Councilmember Tegtmeyer moved to return to regular session. Second by Vice Mayor Herman.

Roll call vote: Mershon, O’Keefe, Tegtmeyer, Herman, and Hartfield.
Time out: 10:05 pm. Motion carried 5-0.


ADJOURNMENT (10.06pm)
Councilmember Tegtmeyer moved to adjourn. Second by Councilmember O’Keefe. Motion carried, 5-0. Meeting adjourned.




________________________________
Melissa Hartfield, Mayor


__________________________________
Mollie Prasher, Clerk of Council

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