Granville Community Calendar

Council Minutes October 3, 2007

VILLAGE OF GRANVILLE 

COUNCIL MINUTES

 

October 3, 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, McGowan, O’Keefe, Vice Mayor Herman, Mayor Hartfield; Manager Holycross, and Law Director Crites. 

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

APPROVAL OF AGENDA (7:31 PM) 

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

 

CITIZENS COMMENTS (7:32 PM)

 

Mark Parris, 251 Bryn Du Drive, spoke in support of the ordinance to ban the feeding of deer.  The Village should have the authority to declare this ordinance an emergency in the event of extreme conditions that could result in hardship for animals.  His concern was to provide an option in the ordinance that would encourage the Village to permit the feeding of animals in emergency situations such as an ice storm, draught or other emergency scenarios. 

 

Sharon Sellitto, 215 South Cherry Street, questioned if the feeding ban would require someone to inspect bird feeders.  She asked if there was really a problem.  Mayor Hartfield indicated that she had received several reports of people who feed the deer.

 

 

 

Mayor Hartfield closed Citizens’ Comments at 7:37pm  

 

 

 

PUBLIC HEARING 

 

            Ordinance No. 13-07, An Ordinance to Enact Section 505.111 of the Codified Ordinances to Allow Limited Hunting as Part of a Deer Management Program and Declaring an Emergency. 

 

Janet Worth Weaver, 2020 Burg Street, stated according to the deer management program, there have only been sixty-two (62) deer-vehicle collisions in Granville since 2004, which averages less than 6 per year. She reported that she was advised by a Township Trustee that “they” had been too busy to make an accurate count of the deer population.  There are less expensive methods to determine an estimate of the deer herd such as using spot light counts.  She also quoted a Texas, ex-bow hunter, who stated that “the best bow hunters wound more animals than the novices.  Novice archers miss, while better shooters connect and wound.”  She also indicated that most suburban homeowners in the past have not wanted hunting in their neighborhoods for safety, aesthetics, and ethics.   She indicated that the deer population will fluctuate with the availability of food, habitat, parasites, and disease.  She then asked Council if they are okay if someone is injured due to the implementation of this deer management program.  She provided an article from the Cleveland Sun News which discussed the failure of a bow hunting program proposed for North Ridgeville, Ohio.  She stated that the local police chief did not support the program for safety reasons.  She asked Council if they felt that this program is safe and that Council would not be liable.  Councilmember Mershon indicated that he would like to include Ms. Worth’s question as part of Council’s discussion of the proposed program and proceed to hear everyone’s comments. 

 

Ed McCaul, 112 Victoria Drive, questioned if the ordinance would allow nuisance hunting all year round.  The current program provided only a small window of time for hunting.  Vice Mayor Herman indicated that currently the program would follow the state hunting season, but the option to extend hunting based on nuisance issues was possible.  Mr. McCaul asked if a landowner could request a nuisance permit from the game warden.  Manager Holycross indicated that the Village would have to approve hunting outside the state hunting season.  Mayor Hartfield stated that the effectiveness of the program would be assessed prior to extending the program. 

 

Sharon Sellitto, 215 South Cherry Street, confirmed that the bow hunting season was five months long which seemed like half the year, not a small window.  She also reported that she had spoken with a resident of McKean Township who indicated that she has found deer pierced with arrows throughout her wooded area.  She also questioned if there was a real problem of individuals feeding the deer.  She indicated that people should just learn to live with the deer.  Mayor Hartfield indicated that there had been a number of complaints regarding individuals feeding deer.  Ms. Sellitto also questioned Item J of Section 2 of the Hunting Agreement regarding a deer being wounded.  She questioned why the police department would be called.  Mayor Hartfield indicated that hunters must contact the police if a deer leaves the hunting area.  A police officer must accompany a hunter onto property outside the hunting zone in order to retrieve a wounded deer.

 

Susan Wollard, 670 Burg Street, indicated that she moved into the community seven years ago.  The local wildlife and open space were the main reasons she and other people move to Granville.  She did not want anyone (hunters) in her yard and did not want anyone telling her what she can and cannot feed.  She did encounter a bow hunter on a friend’s property who had just downed a deer.  She indicated that she was very frightened.  She requested that Council continue to maintain the wildlife treasures of Granville.   

 

Dawn Busalacchi, 115 Shawn Court, commented that she felt the deer issue was a public emergency with regard to deer-vehicle collisions.  She has seen daylight deer-vehicle collisions, deer-cyclist collisions and deer running throughout the development.  She stated the system was out-of-balance.  Her main concern was deer-vehicle collisions, especially those involving youthful drivers.  There is no longer a natural ecosystem; the deer no longer have any natural predators.  She felt the issue was a public emergency.  Ms. Busalacchi asked how far a hunter would be from a structure.  Mayor Hartfield indicated that only property owners who granted access to their property would be used as potential hunting areas.  All adjacent property owners would be notified by mail. Ms. Busalacchi indicated that adjacent property owners should be notified by certified mail. 

 

Bob Malcuit, 526 West Broadway, agreed that the deer population is out-of-control.  He indicated his concern for the initiation of a bow hunting program because of the issue of just wounding deer.  He recommended a sharpshooting program similar to one in Hilton Head, South Carolina. The program was discrete and successful in culling the herd.  He suggested that if the bow hunting program was not effective, then a sharpshooting program should be considered.  

 

 

 

Debbie Troutman, 205 South Pearl Street, has a small lot in the center of town.  She indicated that the deer had become an extreme problem, particularly this year.  She indicated that just recently she had a personal encounter with four deer who were not intimidated by her presence.  She was interested in anything Council can do to remove the deer from her yard. 

 

Ailene Fenton, 220 Victoria Drive, questioned the jurisdictional issues of Granville properties that adjoin Newark properties.  She expressed concerns about notifying Newark property owners about hunters as well as individuals from Newark coming onto her property.  Mayor Hartfield indicated that hunters will only be permitted to hunt on properties that have been approved by the Village. All hunters would need to be approved to participate in the hunting program.  Vice Mayor Herman indicated that all property owners will be contacted regardless of the municipality and anyone who trespasses on her property should be reported to the Granville Police Department. 

 

Mark Parris, 251 Bryn Du Drive, reported that if you are hunting anywhere in the State of Ohio, hunters are required to have written permission from the homeowner to hunt on any property.  As Council considers the issue of deer over population and measures to manage that population, Mr. Parris requested that Council base their decision on biologically sound information and objective sources.  He quoted Wayne Pacelle, executive director of the United States Humane Society, “We are going to use the ballot box and the democratic process to stop all hunting in the United States.  We will take it species by species until all hunting is stopped in California, and then we will take it state by state.”  He pointed out that some organizations and information have agendas that might preclude them from considering the whole category of options.  He stated that he understood that hunting in the Village would be a challenge.  He also agreed that all practical non-lethal measures should be incorporated into this management policy.  However, all the non-lethal methods would not reduce the population of the herd.  He believed that culling the herd was needed to maintain the health and welfare of the general deer population.  Uncontrolled and unmanaged deer populations result in deer continuing to breed.  He agreed with the non-mandatory use of tree stands for all locations.  He encouraged the Village to find a suitable location for hunter’s to field dress deer.  He also suggested that the background check be waived if the hunter could produce a license certificate or permit that required a background check to obtain.

 

 

 

Eleanor Cohen, 331 East Broadway, identified herself as a Village resident with a confined yard.  She agreed that the Village has a deer problem.  She indicated that her yard is full of deer droppings.  She also conveyed an incident where a deer jumped over her while she was working in her backyard.  Deer have huffed at her while she worked in her yard and she was unable to intimidate the deer when she tried to frighten them away.  She indicated that a repellant spray was effective in her yard until she left for vacation and the deer ate her garden.  She questioned Council about the specifics of hunting in the downtown Village area.  Mayor Hartfield indicated that some properties would not be eligible for hunting in the Village due to size and location.  However, there are several properties that would be available to hunters. 

 

Janet Worth Weaver, 2020 Burg Street, reported that there were several spray repellants that were effective such as Plantskydd.  She asked Council again about the liability issue of someone being injured by a hunter.  Law Director Crites responded that the Village would probably not have any liability under Ohio Revised Code section 2744.  He also indicated that the homeowner could have possible liability as well as the bow hunter.

 

 

 

Sharon Sellitto, 215 South Cherry Street, was confused about the liability issue.  Law Director Crites repeated that the Village, more than likely, would not have any liability.  The homeowner, with a signed release, could also be released of any liability.  However, Mr. Crites indicated that there have been attacks on releases and waivers of liability where these documents have been defeated.  Ms. Sellitto asked about a tenant who if shot would they have recourse against the property owner who had given permission to allow hunting.  Law Director Crites indicated that he is Counsel to the Village and cannot answer questions that could be construed as giving legal advice.  

 

Art Morrow, 736 Mt. Parnassus Drive, indicated that he thought the hunter would be liable in the event of an accident.  He also reported that the deer over population problem had only become an issue in the last ten years.  He indicated that when he was a child in Granville, he rarely saw a deer, even in the Township.  He indicated his support for the ordinance and hoped the Council would approve the ordinance.  He asked how close the Village was to implementing the program.  Manager Holycross indicated that the program could be in place this month.  

 

Fred Allen, 40 Penny Avenue, Newark Ohio, indicated that he has hunted all of his life.  He reported that he has hunted using nuisance permits in local orchards.  He reported that a crossbow is more deadly than a long bow.  He suggested that the ordinance should have some measure to retrieve deer that may travel out of the hunting area.  Hunters are not permitted on any property without permission, and homeowners should contact the police immediately if someone was on their property.  He also indicated that this winter will be a hard winter on the deer as the orchards did not produce a lot of fruit this year.  

 

Tim Hughes, 630 Newark-Granville Road, thanked Council for addressing this issue.  This ordinance was not designed to be a recreational hunting program.  The Village would be selecting qualified hunters to reduce the herd, not to eliminate the herd.

 

 

 

Mayor Hartfield closed the public hearing for Ordinance No. 13-07 at 8:38pm

 

OLD BUSINESS

 

 

 

Ordinance No. 13-07, An Ordinance to Enact Section 505.111 of the Codified Ordinances to Allow Limited Hunting as Part of a Deer Management Program and Declaring an Emergency was introduced by Lon Herman.  Second by Councilmember Mershon. 

 

Discussion:

 

Councilmember O’Keefe indicated her concern regarding the safety of the program.  Her specific concerns were regarding the background checks for hunters and the notification process of adjacent property owners.  Manager Holycross indicated that all reasonable methods would be used to notify residents that hunters would be in their neighborhood.  Councilmember O’Keefe asked if newspaper notification would be possible.  Manager Holycross indicated that maps could be provided on the web site with addresses and flyers provided to the neighborhoods. 

 

Councilmember Barsky asked why the reduction of distance from a structure from 250 feet to 100 feet.  Manager Holycross indicated that the 100 feet standard was currently in the ordinance for the area south of State Route 16.  He felt that same standard should be applied throughout the ordinance.  He also indicated that hunters would be required to meet with property owners to determine areas that would be most suitable for hunting. 

 

Councilmember Barsky also related that the information provided to Council seems to indicate that non-lethal methods are not effective for herd reduction.  She stated that whatever lethal method was used should be as humane as possible.  She indicated concerns about the program being a pilot program.  She also had an issue with the specificity in the ordinance regarding the qualifications of the hunters.  She was also concerned about the lack of specific deer counts in the Village.  Councilmember Barsky did not believe that Council had all of the information, but the program needs to proceed in a controlled manner. 

 

Councilmember O’Keefe asked if the ordinance allowed bow hunting or cross bow hunting.  Vice Mayor Herman indicated that the ordinance would permit both.  Manager Holycross indicated that state regulations also apply equally to both types of bows. 

 

Councilmember Herman indicated that ODNR estimated the herd size as being 1,000.  He further commented that the hunters would help identify herd size and location while hunting.  He also advised Councilmember Barsky that he had questioned the identification of the program as a pilot program.  He explained that the program would be evaluated at the end of the season to determine the effectiveness of the program as well as safety aspects of the program.  He indicated that he would like Council to be updated as to the number of hunters and the number of deer being culled. 

 

Councilmember O’Keefe asked if the Chief of Police would be approving the hunting locations.  Manager Holycross indicated that the locations would be properties offered by residents, that met the criteria for the program and that were appropriate locations. 

 

Councilmember Barsky questioned why the Village would use public park property if the Township prohibits the use of public property.  Manager Holycross indicated that he did not want to rule out the use of park property.  The Township is considering opening the cemetery to hunters. 

 

Councilmember Barsky indicated that she was not in support of the ordinance as an emergency measure.  Councilmember Mershon inquired if the purpose of the emergency was to not lose thirty days of the hunting season.  He asked how quickly the rules would be in place for the program.  Manager Holycross indicated the program could be in place within two weeks.  Councilmember Barsky indicated that there would not be much time lost on enacting the ordinance.  Vice Mayor Herman also responded that removing the emergency measure would allow more time for the public to voice their opinions regarding the ordinance.  

 

Councilmember O’Keefe confirmed that the requirements implemented in the Village deer management program would include all state requirements.  Mayor Hartfield responded in the affirmative. 

 

Councilmember Mershon asked if the rules of the program could be reviewed by Council at its next meeting, prior to the effective date of the ordinance.  Manager Holycross and Law Director Crites answered in the affirmative.  Manager Holycross indicated that the rules could indeed be formalized at Council’s next meeting. 

 

Councilmember Barsky asked if it was possible to put more specificity in the ordinance as to what the regulations would be or reference another document which would contain the rules.  Law Director Crites indicated that including that specific language in the ordinance would not be necessary.  Councilmember Mershon indicated that he felt it was of value to allow flexibility in the ordinance in order for the Chief and staff to adopt or make changes to the rules as the program progressed.  Council would still be responsible for the review of the regulations.  He indicated that he would not like to codify what the rules were and allow Council to just review the rules.  Councilmember Barsky agreed on allowing flexibility, but wanted to ensure that there would be rules and that all parties would understand that regulations exist.  Law Director Crites reported that this ordinance, as is, gives Chief Mason and the staff flexibility, but clearly indicate that there are regulations that must be followed.  

 

Vice Mayor Herman suggested that an addition be added to the ordinance that would include an annual or periodic review by Council.  Councilmember Barsky suggested that the ordinance be reviewed to assess the effectiveness of the program.  Councilmember Mershon suggested that the LSSU committee would be the appropriate group to review the effectiveness of the program. This ordinance is not a Village hunt, but provides Village folk the same options as Township residents with more stringent safety requirements.  The residents have requested that Council address this issue and by passing this ordinance would be giving residents an option to handle the deer issue.  Councilmember O’Keefe indicated that it would be good addition to the ordinance to include a review process to access the effectiveness of the program. 

 

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

 

Councilmember Mershon moved to vote on the emergency measure in section 2 of Ordinance 13-07.  Second by Councilmember McGowan. 

 

Mayor Hartfield called for a roll call vote on the emergency clause of Ordinance 13-07.   

 

Councilmember Barsky              NO

Councilmember Tegtmeyer        ___

Councilmember McGowan         YES

Vice Mayor Herman                    NO

Councilmember Mershon           NO

Mayor Hartfield                          YES

Councilmember O’Keefe            YES

 

 

 

Roll call on Ordinance No. 13-07.  Defeated. 

 

Mayor Hartfield announced that the emergency for Ordinance 13-07 was defeated. 

 

Ordinance No. 13-07, An Ordinance to Enact Section 505.111 of the Codified Ordinances to Allow Limited Hunting as Part of a Deer Management Program was moved for adoption by Vice Mayor Herman.  Second by Councilmember McGowan. 

 

Discussion:

 

Vice Mayor Herman moved to add a friendly amendment to Ordinance No. 13-07 to section (1)(d): “A report on program performance shall be made available to the Village Council no later than ninety (90) days following program implementation and no later than annually thereafter.”  Second by Councilmember Barsky.  

 

Mayor Hartfield called for a roll call to adopt the amendment to Ordinance 13-07. 

 

Councilmember Barsky               YES

Councilmember Tegtmeyer        ___

Councilmember McGowan         YES

Vice Mayor Herman                    YES

Councilmember Mershon             NO

Mayor Hartfield                           YES

Councilmember O’Keefe            YES

 

 

 

 

Mayor Hartfield called for a roll call vote for the adoption of Ordinance No. 13-07 as amended. 

 

Councilmember Barsky              YES

Councilmember Tegtmeyer        ___

Councilmember McGowan         YES

Vice Mayor Herman                    YES

Councilmember Mershon           YES

Mayor Hartfield                           YES

Councilmember O’Keefe            YES

 

 

 

Mayor Hartfield announced that Ordinance 13-07 as amended passed 6-0 without an emergency. 

 

River Road Development Project Update. 

 

Mayor Hartfield recused herself as Vice Mayor Herman opened the discussion of the River Road development project.  Vice Mayor Herman asked staff for an updated report. 

 

Manager Holycross reported that staff had met with the River Road steering committee members to obtain their suggestions and recommendations regarding proposed zoning changes using the Suburban Business District as the base zoning code.  Council was provided with a spreadsheet that outlined the current suburban district zoning requirements, the proposed changes to that district, and the recommended changes made by the River Road property owners.  Specific areas that require review were density (number of units per acre, square footage per acre), maximum building size, tenant size, and drive-thru options that are beyond the current scope of the existing SBD. 

 

Councilmember Mershon indicated that he believed there was no support from Council for any change in the drive-thru portion of the code.  In order to limit discussion about a topic that Council was not interested in changing, he was initiating this comment.  Fast food drive-thrus should not be added to an already dense area, bank drive-thrus would still be considered conditional.  Councilmembers McGowan, Barsky and O’Keefe agreed with Councilmember Mershon.  Manager Holycross indicated that there was very little deviation in the code from what was already proposed. 

 

Councilmember Mershon suggested taking the recommendations of the staff, amending the fast food drive-thru section, and draft an ordinance creating a new zoning district.  Council could then begin the process of considering it publicly.  He indicated that the new zoning district was a unique area that would not initiate making changes in the other zoning districts. 

 

Vice Mayor Herman agreed and asked staff how quickly Council could receive something to review.  Manager Holycross asked if the ordinance should go to the Planning and Zoning committee first.  Council agreed that the information should be presented to Council as a whole.  Manager Holycross indicated that an ordinance could be introduced at the next Council meeting. 

 

Councilmember Barsky suggested that Council may need to provide two or more public hearings to provide adequate time for the public to review the proposed new zoning district. 

 

Manager Holycross asked what additional information did Council need to make a decision in order to move forward with the annexation process. Councilmember Barsky indicated that when the property owners see an ordinance being proposed, that sends a message as to Council’s intentions.  There would still be financial issues that need to be addressed; however, those issues could be addressed at a later date.  Councilmember Mershon indicated that this new zoning district would be applicable to any of the areas south of Raccoon Creek.  Council would also need to identify the expected costs on the first phase of annexation and determine the cost to extend sewers into that area. 

 

Resident Ben Barton asked if the property owners could seek private bids for infrastructure improvements.  Councilmember Mershon indicated that the Village would certainly be open to a proposal to the sharing of costs. 

 

Vice Mayor Herman indicated that he did not feel Council needed more information to move the process forward.  

 

Resident Ben Barton asked if the land owners’ recommendations for zoning changes would be included in the draft.  Councilmember Mershon responded that staff would prepare an ordinance based upon staff recommendations and Council would address any additional comments.  Council would work through any property owner issues at the next meeting. 

 

Manager Holycross asked Council if staff felt some of the property owner’s suggestions were beneficial, could they be included in the draft.  Council agreed in the affirmative.  Councilmember Barsky cautioned making changes to the building size. 

 

Village Planner Terry asked Council if annexation petitions could be submitted by the landowners prior to the ordinance being passed.  Councilmember Mershon indicated that property owners would not sign an annexation petition until they know what the zoning was going to be.  Vice Mayor Herman responded that there was an advantage to keeping the two as close together as possible.  A public hearing would help provide more direction to that process. 

 

Vice Mayor Herman asked if there was any further discussion.  Mayor Hartfield rejoined the meeting. 

 

NEW BUSINESS 

 

Resolution No. 07-48, To Ratify the Appointment of Jeff Gill to the Board of Zoning and Building Appeals for the Village of Granville was introduced by Councilmember Barsky.  Second by Councilmember O’Keefe. 

 

No discussion 

 

Resolution No. 07-48 is adopted.  Motion passed 6-0. 

 

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 introduced by Councilmember Mershon.  Second by Councilmember O’Keefe. 

 

Mayor Hartfield set the public hearing for Ordinance No. 14-07 for October 17, 2007. 

 

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 introduced by Vice Mayor Herman.  Second by Councilmember Mershon. 

 

Mayor Hartfield set the public hearing for Ordinance No. 15-07 for October 17, 2007 

 

REVIEW OF MINUTES

 

Councilmember Barsky made a motion to move the September 5, 2007 minutes off the table. Second by Councilmember O’Keefe.  

 

Motion to remove the minutes from the table carried 6-0.

 

 

 

Councilmember Mershon moved to approve the September 5, 2007 minutes as amended.  Second by Councilmember McGowan.  

 

Motion to approve carried 6-0. 

 

Councilmember Barsky moved to approve the September 19, 2007 minutes as amended.  Second by Vice Mayor Herman.

 

 

 

Motion to approve carried 6-0. 

 

Councilmember Mershon suggested that Council email corrections to the minutes to the Clerk prior to the Council meeting; other Councilmembers agreed.  The Clerk welcomed the suggestion and agreed to the change in procedure. 

 

COMMITTEE REPORTS 

 

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

 

The next meeting is scheduled for Wednesday, October 10th at 5:30pm.  Vice Mayor Herman asked if the meeting could be moved back to 6:30pm.  Councilmember Mershon indicated in the affirmative.  Vice Mayor Herman indicated that he would check with Councilmember Tegtmeyer and let everyone know the confirmed time. 

 

Granville Foundation – (Tegtmeyer)

 

No Report 

 

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

 

Mayor Hartfield indicated that the bulk of the committee’s work was resolved at their last meeting.   The Welsh Hills Road culvert opened this past Friday.  She offered her congratulations to the Granville Service Department and contractor for all of their work. 

 

Planning Commission – (O’Keefe)

 

Councilmember O’Keefe reported that the application, from the resident who proceeded with their addition project without securing a permit, was resolved.   However, the Planning Commission did indicate concern that a problem may exist with regard to residents who proceed with projects without GPC approval and residents who do not follow through with approved plans.  Councilmember O’Keefe advised the Planning Commission that the committee should communicate any issues that need to be resolved to the Village Planner for Council to address.  Manager Holycross indicated that in the upcoming draft of the zoning amendments, there are remedies to this issue.  The Planner would be able to issue a stop work order to properties that are exceeding the scope of approval or proceeding without approval.  Councilmember Barsky asked if something could have been dropped from the code during code updates in past years.  Councilmember Barsky thought this issue had been resolved prior to 1999.

 

 

 

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

 

Councilmember Barsky indicated that a meeting needed to be scheduled to discuss zoning amendments, flood plan issues, contractor signage and property maintenance issues.  Mayor Hartfield asked if the committee could look into a prohibition of games of skill.

 

Recreation Commission – (McGowan)

 

Councilmember McGowan reported that new playground would be erected at Raccoon Park Saturday, October 6, 2007.  A long range planning committee was being organized.  The committee would consist of a representative from the Teen Center, Senior Center, Bryn Du member, three members of the Rec commission and Lesa Miller.  Meetings would begin in November with a proposal due by August, 2008 and a new organizational structure by January, 2009.  The Rec Commission met with the Executive Director of the Ohio Parks and Recreation Association, of which they are now a member.  One suggestion from this meeting was to have a Township Park District governed by the Township with a director hired by the Township Trustees.  Another suggestion was to have a Township Park District as provided by the Ohio Revised Code 511.18, which would allow the creation of an independent system under the Rec Commission's leadership.  This scenario would not be funded by the Township.  

 

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)

 

Councilmember Mershon thanked the Township maintenance staff for doing such a great job this past summer in making the Old Colony Burial Ground look so nice. 

 

OTHER COUNCIL MATTERS 

 

Mayor Hartfield indicated that the Ohio Liquor Board denied the application from Dan Rogers for a liquor permit for 121 South Prospect Street. 

 

The decision to schedule a Council meeting on November 21, 2007, Thanksgiving Eve, was opened for discussion.  Council indicated that the November 21, 2007 meeting would be cancelled, as many members would not be available to attend.  Mayor Hartfield indicated that if there is legislation that needs addressed, Council could schedule a meeting on an alternate Wednesday. 

 

Mayor Hartfield discussed the information from the Ohio Attorney General’s Office regarding House Bill 9 which would require all elected officials to attend this training to regarding Ohio’s Sunshine Laws.  Manager Holycross indicated that Clerk Prasher would be attending that training on Thursday, October 4, 2007 as Council’s designee.  Councilmember Mershon asked if the Village has a record retention police.  Manager Holycross indicated that the Village did have a policy, and it would be reviewed in light of the new law.  Law Director Crites provided a model policy to review. 

 

Councilmember Barsky questioned the ordinance regarding the marked parking spaces on East College Street.  She asked if the ordinance only referred to where there were parked spaces, like those on East College, as West College does not have marked spaces.  Manager Holycross answered in the affirmative. 

 

Councilmember Barsky also asked if there was any chance of a waiver or exception to move the location of the pedestrian bridge on South Main Street.  Manager Holycross said he would check with Finance Director Molly Roberts to determine that all avenues have been exhausted. 

 

EXECUTIVE SESSION

 

            Councilmember O’Keefe moved to enter into Executive Session, pursuant to ORC 121.22(G)(2) – “to confer with the Law Director concerning a dispute involving the public body that is the subject of pending or imminent court action..”  Second by Councilmember McGowan. 

 

Roll call vote:  Barsky, McGowan, Mershon, O’Keefe, Herman and Hartfield.  Time in: 9.54pm.  Motion carried 6-0. 

 

            Law Director Crites requested that Township Trustee Wes Sargent be invited to attend the Executive Session. 

 

Councilmember Mershon moved to return to regular session.  Second by Councilmember Barsky. 

 Roll call vote:  Barsky, McGowan, Mershon, O’Keefe, Herman, and Hartfield.  Time out: 10:15 pm.  Motion carried 6-0. 

 

ADJOURNMENT (10.15pm)

 

            Councilmember McGowan moved to adjourn the meeting.  Second by Councilmember Barsky.  Motion carried, 6-0.  Meeting adjourned

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