Granville Community Calendar

Council Minutes October 17, 2007

VILLAGE OF GRANVILLE

COUNCIL MINUTES

October 17, 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, Mershon, O’Keefe, Tegtmeyer, Vice Mayor Herman, Mayor Hartfield, Manager Holycross, and Law Director Crites. 

            Councilmember O’Keefe made a motion to excuse Councilmember McGowan.  Second by Councilmember Barsky.  Motion carried (6-0) 

APPROVAL OF AGENDA (7:33 pm)

Councilmember Barsky moved to approve the agenda as presented.  Second by Councilmember O’Keefe.  Motion carried (6-0).    

 

CITIZENS COMMENTS (7:34 pm)

 

Janet Worth, 2020 Burg Street, encouraged Council to vote no to ban the feeding of deer.  She stated that this winter will be particularly harsh and banning the feeding of deer would pit neighbor against neighbor.  Ms. Worth suggested that a wildlife plan be developed as part of the Comprehensive Plan and green belts.  Corridors could be made available for deer to travel away from congested areas into natural safe open areas.  Ms. Worth stated that there was a wealth of information available on the web regarding setting up deer stations to lure them away from urban areas.  Councilmember O’Keefe asked Ms. Worth how she suggested moving deer from areas like Burg Street or Fern Hill to the open areas to graze.  Ms. Worth stated that the Comprehensive Plan had maps depicting areas with waterways and forest areas.  She stated that people might not feed the deer on their property if the deer were fed elsewhere away from the Village.  Ms. Worth stated that the Village could achieve the same end by using different means. 

 

Harry Winter, 150 Thornwood Drive, stated that he agreed with Ms. Worth’s comments 100%.  He stated that if feeding stations were built, the deer would come.  Mr. Winter disagreed with the language in the ordinance that made the hunter responsible for anyone that might accidentally be shot.  He indicated that in the event of a lawsuit, the Village would not be adequately protected.  Mr. Winter had distributed information to Council and requested their feedback.  Council acknowledged receipt of the information.  Mayor Hartfield explained that Mr. Winter’s article was just given to Council that evening.  Mr. Winter stated that the action taken by Council against the deer would not be a wise political move.   Council would be labeled as “Bambi killers.”       

 

Janet Worth stated that she forwarded information to Council regarding the safety and liability issues surrounding bow hunting.  Council acknowledged the receipt of this information.  Ms. Worth stated that a police chief in North Ridgeville, Ohio advised her that a bow and arrow can penetrate a bullet proof vest from within 250 feet.  She urged Council to further investigate this issue. 

Mayor Hartfield closed Citizens’ Comments at 7:50 PM

 

PUBLIC HEARING

 

Ordinance No. 14-07, To Enact Section 505.115 of the Codified Ordinances to Restrict the Feeding of Deer within the Village of Granville. 

 

Jennifer Myer, 201 Fern Hill Drive, stated that she was contacted by a reporter from the Sentinel because a neighbor had reported that she fed the deer.  She stated that she moved to Granville two years ago from North Carolina.  She and her husband purchased three acres on Fern Hill because of the natural environment.  Ms. Myer believed Council did not have the authority to take away her right to do what she wanted to do on her property.  Ms. Myer stated that some people suggested that the deer were becoming aggressive.  She believed there were no known deer attacks due to deer not being fed – no empirical evidence.  Ms. Myer stated that she lived in America and her rights should not be taken away.  She stated that this situation was not the result of deer eating someone’s geraniums.  Ms. Myer ended by stating that there should be empirical evidence in place, regardless of how someone feels about feeding the deer. 

 

Sharon Sellito, 215 South Cherry Street, stated that she was in agreement with Ms. Myer’s comments.  She stated that the bow hunters said the deer would not have enough food to survive this winter.  She believed that it was too late in the season to ban the feeding of deer.  Ms. Sellito stated that the ordinance required someone who feeds deer to prove that they were not guilty.  The ordinance implied that if you had an apple tree in your yard – you would be guilty of feeding the deer.  She asked about seasonal ornamental decorations such as corn stalks.  Would those be construed as feeding the deer?  She also stated that a $150 fine was too much.  The offense should be treated similarly to a traffic ticket.  Ms. Sellito stated that there were many people who find tremendous joy in feeding the deer, and hunters luring deer into traps was murder.  Mayor Hartfield stated that the ordinance referred to ornamental decorations as not being considered feeding the deer.  She stated that a $150 fine is the maximum fee. 

 

Janet Worth distributed information about Fire Island National Seashore and methods they used to deal with deer problems.  She also stated that her neighbor was given permission, by the game warden, to hunt deer from dusk to dawn.  She stated that she was offended that her family must now use caution when on her own property.

 

Terri Hogue, 39 Victoria Drive, stated a heartfelt concern about this entire situation.  She stated that she fed the deer daily in her yard and felt like she knows the deer.  Ms. Hogue stated that she would feel terrible not to be able to feed them any longer.  She stated that to some the deer seemed like a nuisance, but they were not a nuisance to her.  She asked Council how they could tell her what she could do on her own property as she paid taxes and owned the land. 

 

Tim Hughes, 630 Newark Granville Road, stated that he was in full support of the ordinance.  He thanked Council for taking the time to address the deer problem.  He felt the Village was not the place for deer and he saw this issue as a potential for car accidents.  Mr. Hughes questioned Chief Mason as to the number of deer-vehicle accidents. Chief Mason agreed that the Granville Police Department received a number of calls regarding deer issues and that many deer-vehicle accidents go unreported.  Mr. Hughes also stated that deer have been known to get aggressive and charge people. 

 

Jennifer Myer suggested installing deer feeding stations outside of the Village as a reasonable compromise for those who want to feed the deer. 

 

Janet Worth stated that she was allowed to feed the deer in the Township, but there was no safe haven for them.  Ms. Worth stated she would like to see feeding stations located outside of the Village.  Mayor Hartfield suggested that Ms. Worth contact the Township Trustees about this issue. 

 

Terri Hogue asked what the difference was in feeding birds and squirrels compared to deer.  She stated that she feeds all animals including the deer.

 

Mayor Hartfield closed the public hearing for Ordinance No. 14-07 at 8:20 PM

 

Ordinance No. 15-07, To Amend Ordinance No. 17-06 Providing for Adjustments of the Annual Budget for Fiscal Year 2007 and Revising Sums for Operating Expenses.

 

No one appeared to speak about Ordinance No. 15-07.  Molly Roberts, Assistant Village Manager, was available to address any questions or concerns from Council. 

 

Mayor Hartfield closed the public hearing for Ordinance No. 15-07 at 8:21 PM

 

OLD BUSINESS

             

Ordinance No. 14-07, To Enact Section 505.115 of the Codified Ordinances to Restrict the Feeding of Deer within the Village of Granville was re-introduced by Councilmember Barsky.  Second by Councilmember O’Keefe. 

 

Discussion: Vice Mayor Herman stated that he does not see a reference to seasonal ornamental decorations.  He suggested language to be added to Section 7 to address this issue.  Councilmember Mershon stated that he believed seasonal items could be left to the discretion of the Village Manager.  Vice Mayor Herman agreed.  Councilmember Tegtmeyer stated that the intent of the ban was to manage the deer population as it currently exists.  She stated that one reason the problem existed was due to the various food sources available in the Village.  She understood that this debate was personal in nature to many people.  Councilmember Tegtmeyer stated that much research still needed to be done.  She went on to say that it was important to address whether feeding outside the Village was a reasonable option and the possible impact to the Township ecosystem.  Councilmember Barsky stated that she agreed.  The deer were currently in an urban environment.  Councilmember Barsky stated that the Village would continue to review viable alternatives.  She stated that the Village did have a problem and that Council had spent several years looking at various solutions.  She stated that she did not see any other viable alternatives and favored the ban on feeding deer.  Councilmember Barsky commended Manager Holycross on the research and work done with regard to the deer situation.  Mayor Hartfield stated that the police department should initially issue warnings to individuals in violation of this new ordinance.  Chief Mason stated that the department always issues warnings when a new ordinance was passed. 

 

Vice Mayor Herman read aloud a proposed amendment to Section 7.  Councilmember O’Keefe made a motion to amend Section 7 of Ordinance No. 14-07 as follows:

“As determined by the Village Manager, temporary, seasonal ornamental decorations.” 

Second by Councilmember Tegtmeyer.  Motion carried 6-0.  Ordinance No. 14-07 is amended.    

 

Councilmember Mershon suggested amending Section D2.  Vice Mayor Herman stated that the word “emergency” would allow a threshold.  Councilmember O’Keefe stated that she agreed with this amendment to address conditions such as ice storms.    Councilmember O’Keefe made a motion to amend Section D2 Ordinance No. 14-07 as follows:

“The prohibition in paragraph (a) shall not apply to feeding that is authorized by the Village Manager on an emergency basis.”  Second by Vice Mayor Herman.  Motion carried 6-0.  Ordinance No. 14-07 is amended. 

 

Roll Call Vote on the amended version of Ordinance No. 14-07: Barsky, Mershon, O’Keefe, Tegtmeyer, Herman, and Hartfield.  Motion carried 6-0. 

 

Ordinance No. 14-07 is adopted as amended

 

Ordinance No. 15-07, To Amend Ordinance No. 17-06 Providing for Adjustments of the Annual Budget for Fiscal Year 2007 and Revising Sums for Operating Expenses was reintroduced by Councilmember Tegtmeyer.  Second by Councilmember O’Keefe. 

 

Discussion: None. 

 

Roll Call Vote on Ordinance No. 15-07: Barsky, Mershon, O’Keefe, Tegtmeyer, Herman, Hartfield.  Motion carried 6-0.

 

Ordinance No. 15-07 is adopted.

 

NEW BUSINESS

 

Resolution No. 07-49, A Resolution to Authorize the Village Manager to Advertise for Bids for the Purchase of Water Treatment Chemicals was introduced by Vice Mayor Herman.  Second by Councilmember O’Keefe. 

 

Discussion:  None.

 

Roll Call Vote on Resolution No. 07-49: Tegtmeyer, O’Keefe, Mershon, Barsky, Herman, Hartfield.  Motion carried 6-0. 

 

Resolution No. 07-49 is adopted. 

 

Ordinance No. 16-07, To Enact Chapter 1173 and to Amend Chapter 1189 of the Codified Ordinances to Establish Zoning Regulations for the Village Gateway District. 

 

Discussion:  Council acknowledged the receipt of the new zoning regulations and referred them to the Planning Commission for review.  Vice Mayor Herman questioned what a reasonable time frame would be to solicit feedback from the Planning Commission.  Councilmember Barsky recommended that Council review all comments by their first meeting in December.  Councilmember Mershon added that this would include public input.  Planning Commission would hold public hearings in November to receive public input. 

 

Resolution No. 07-50, A Resolution to Authorize the Village Manager to Advertise for Bids for a Generator to Serve the Welsh Hills Road Booster Pump Station and Lift Station was introduced by Councilmember Mershon.  Second by Councilmember O’Keefe. 

 

Discussion:  Manager Holycross stated that this project was included in the 2007 budget.  Councilmember Mershon asked if this was the last lift station without a generator.  Manager Holycross stated that he believed it was, but he was not certain. 

 

Motion carried 6-0.  Resolution No. 07-50 is adopted. 

Discussion of the possible sale of a building located at 118 South Main Street.

Law Director Crites stated that thirty days ago Council asked him to meet with St. Luke’s Church regarding the possible sale of the old Village hall building at 118 South Main Street to the church, who currently rents the building.  He informed Council that St. Luke’s was interested in purchasing the building.  The Village staff was asking for Council’s guidance on how to proceed.  Mayor Hartfield suggested emailing or phoning comments/suggestions.    Councilmember Tegtmeyer asked the time frame.  Law Director Crites stated that the representative for St. Luke’s indicated that they would like to close on the building by the end of December, if possible.  Councilmember Mershon asked what was required of Council.  Law Director Crites stated that it could be done by ordinance.  Councilmember Mershon stated that Council had decided not to meet on November 21st, due to the Thanksgiving holiday.  Council would need to have a special meeting to permit public comment.  Would that preclude a December closing? Councilmember Barsky stated that if Council did want to move forward, she suggested scheduling a special meeting.  Council agreed and discussed having a special meeting on November 28th.  Councilmember O’Keefe asked if it was a hardship for St. Luke’s if the transaction did not take place before December 31st.  Law Director Crites stated that their counsel made no such indication.  Councilmember Mershon stated that he recommended that any proceeds of the sale be used for capital improvements, not put into the general revenue fund.  Vice Mayor Herman agreed that the proceeds be separated from the general fund.  Councilmember Tegtmeyer suggested that this issue be discussed in the EFP meeting on October 30th.  Vice Mayor Herman suggested that the issue of handling the proceeds be added to the EFP agenda.   

 

REVIEW OF MINUTES

Regularly Scheduled Meeting of October 3, 2007.

Councilmember Mershon made a motion to approve the minutes as amended.  Second by Councilmember Barsky.  Motion to approve carried 6-0. 

 

Mayor Hartfield commended Ms. Prasher for the good use of paper by printing the minutes front to back. 

 

Councilmember Mershon suggested that all of the literature regarding the deer issue be available on the web to conserve paper.  Manager Holycross stated that this could be done.

 

MAYOR’S COURT REPORT – September

The Mayor’s Court Report for the month of September was presented for review.

 

Councilmember O’Keefe moved to accept the September report.  Second by Councilmember Barsky.  Motion carried 6-0.

 

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

 

MANAGER’S REPORT – September

The Manager’s Report for the month of September was presented for review. 

 

Discussion: Councilmember O’Keefe noted that trucks passing through the Village were not being weighed. Chief Mason indicated that, due to mechanical issue, the scales were closed; however, repairs were recently completed.    

 

Councilmember Mershon moved to accept the September report   Second by Councilmember O’Keefe.  Motion carried 6-0.

 

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

 

COMMITTEE REPORTS   

 

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

Vice Mayor Herman stated that the minutes accurately reflect the happenings of the last meeting.  He stated that they also met this evening to discuss employee benefits.  The Manager would be moving forward with items discussed at this meeting.

 

Granville Foundation – (Tegtmeyer)

Councilmember Tegtmeyer indicated that the Granville Foundation was looking for four new board members.  If Council has suggestions or recommendations, please forward them to Councilmember Tegtmeyer.

 

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

No Report.

 

Planning Commission – (O’Keefe)

No Report.

 

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

Councilmember Barsky stated that Council would be receiving the proposed zoning changes to the Codified Ordinances.  She suggested that Council hold a work session prior to the introduction of the zoning changes as it was a lengthy document.  Jack Thornborough, resident, asked that the proposed zoning changes be made available on the web.  Councilmember Barsky stated that copies of the Gateway Zoning District were distributed and public hearings would be held. She suggested emailing any comments/changes to Manager Holycross.  Mayor Hartfield questioned if she should recuse herself from discussions concerning the Gateway District.  Law Director Crites stated that he would review the issue as Mayor Hartfield does own property in this area.  Councilmember Barsky stated that she would like to see the Gateway District and other proposed zoning changes reviewed by the Planning Commission and public hearings set.  She stated that Council would like as much public input as possible.  Councilmember Mershon asked if Council was permitted to attend the public hearings.  Law Director Crites indicated in the affirmative. 

 

Comprehensive Plan – (Barsky)

No Report.

 

Recreation Commission – (McGowan)

No Report.

 

161 Accord – (O’Keefe)

No Report.

 

Senior Committee – (O’Keefe)

No Report.

 

Tree & Landscape Commission (Barsky)

Councilmember Barsky stated that leaf pick-up began this week.  She stated that the fall tree planting has also begun.  Unfortunately, there was not enough funding to plant all of the trees that could have been planted. She advised Council to expect a request from the Commission for additional funding in next year’s budget.  Councilmember Barsky stated that a recent court case resulted in a judgment against AEP.  As a result, there could be cuts in AEP’s crew. 

 

Union Cemetery (Mershon)

Councilmember Mershon stated that the final clean-up of the year would be October 23rd at 7:00 PM. 

 

OTHER COUNCIL MATTERS

Councilmember Tegtmeyer stated that the Township Open Space Committee has met several times.  The Committee would be mailing out postcards requesting that Village and Township residents complete a survey that would be accessible through the Granville Township and Village of Granville web sites.  She stated that this committee would be making recommendations to the Township Trustees regarding specific parcels or goals for the Township to implement.  She stated that hard copies of the survey were also available at the library and the Village Office.  Councilmember Tegtmeyer stated that there would be a public hearing on November 1st at 7:00pm at the Granville School District Office to address any questions/concerns.  

Chief Mason stated that he attended a State Tri-Ad Conference with the local Sheriff’s Office.  The conference suggested better ways to assist seniors in the community as well as autistic children.  He stated that one suggestion was to distribute bracelets to children with autism, while another suggestion was a mechanism to cause the porch light to blink if a person was in need of assistance.  Councilmember O’Keefe asked if the details of this information could be forwarded to the senior center.  Chief Mason agreed to forward this information and any future correspondence to Councilmember O’Keefe. 

Councilmember Barsky asked if the Broadway Pub issue had been resolved.  Manager Holycross stated that everyone had been contacted; however, he had not received any response at this time.

ADJOURNMENT

            Councilmember O’Keefe moved to adjourn the meeting.  Second by Councilmember Tegtmeyer.  Motion carried, 6-0.  Meeting adjourned.

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