Granville Community Calendar

Council Minutes August 5, 2009

VILLAGE OF GRANVILLE

COUNCIL MINUTES

August 5, 2009

 

CALL TO ORDER (by Mayor Hartfield at 7:33pm)

 

PLEDGE OF ALLEGIANCE

 

ROLL CALL

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

Councilmember McGowan moved to approve the agenda.  Second by Vice Mayor Herman.  Motion carried (7-0).   

 

Discussion:

 

CITIZEN COMMENTS (7:35 pm)

 

Dan Bellman, 310 Summit Street, questioned the aggressive removal of tree limbs by Asplundh along the roadways.  He suggested that Council look into burying electrical lines underground.  Mr. Bellman discussed the available technology to bore under roadways.  He suggested that Council check pricing again for burying electrical lines.  Mr. Bellman thought that Broadway and the North Pearl Street areas might be feasible for this type of technology.

 

Fred Ashbaugh, 121 North Pearl Street, advised Council of potential problems with the proposed single trash hauler guidelines.  He suggested that Council look at several criteria including:

  • ·        Extended office hours to report missed trash collection
  • ·        Issues involving common household trash versus contractor trash
  • ·        Buying out existing annual collection contracts
  • ·        Offering an option that does not include recycling
  • ·        Issues involving residents who do not need trash collection
  • ·        Addressing Chapter 715 of the Village Codified Ordinances

 

Sharon Sellitto, 215 South Cherry Street, complained about Council making the Village undemocratic by attempting to fix things that were not broke.  She indicated her opposition of the proposed leash law as the Village currently had a dogs at-large law and a law regarding dog bites.  Ms. Sellitto also expressed her opposition to the traffic calming policy, as it would only add additional rules to the Village.

 

Mayor Hartfield closed Citizens Comments at 7:48pm.

 

 

 

PUBLIC COMMENT REGARDING A PROPOSED SINGLE TRASH HAULER (7:49pm)

 

            Anne Miller-Cohen, 332 Glyn Tawel Drive, indicated her opposition to a single trash hauler system.  She indicated her preference for her current trash hauler.  Ms. Miller-Cohen felt that the existing system provided competition among the trash haulers, which was more advantageous for the residents.

 

            Dan Bellman, 310 Summit Street, indicated that he also supported competition among the various trash haulers.  He encouraged Council to check prices between the existing haulers.  Mr. Bellman also felt that if the Village went with a single trash hauler, it could knock out smaller providers.  He also expressed his opposition to mandatory recycling.

 

Mayor Hartfield closed public comment regarding a proposed single trash hauler at 7:51pm.

 

PUBLIC COMMENT REGARDING A PROPOSED TRAFFIC CALMING MEASURES (7:51pm)

 

As no one appeared to speak, Mayor Hartfield closed public comment regarding traffic calming measures at 7:52pm.

 

PUBLIC HEARING (7:53pm)

 

Ordinance No. 13-09, An Ordinance to Amend Section 505.01 of the Codified Ordinances of the Village of Granville to Establish a Leash Law

 

Mary Malcuit, 526 West Broadway, expressed her support for the proposed leash law.  She appropriated Council’s pro-active stance, which would allow for individual personal comfort when approached by an animal.  She questioned if the existing law, 505.01, included cats as well as dogs.  Mrs. Malcuit complained of cats defecating in her garden and killing birds.  She also encouraged Council to advise residents that pet owners were responsible for cleaning-up after their pets.  She especially wanted this information provided to new residents.

 

            Robin Feil, 229 South Cherry Street, indicated her support for the leash law.  As a local runner, she described to Council four separate incidents of dogs charging her while she was running.  Mrs. Feil advised that the existing dog requiring dogs to be under control was not effective and did nothing to help prevent incidents.  The leash law would help address non-responsible owners.  Mrs. Feil indicated that many responsible owners already leash their dogs.  This law would benefit the general public.

 

            Julie Fudge Smith, 332 West Elm Street, spoke as the owner of A Positive Connection, a dog training, temperament testing, and pet sitting business.  Ms. Smith indicated her opposition to this proposed ordinance.  She advised that this ordinance would only serve to punish responsible dog owners and do nothing to better control the dogs of irresponsible owners. Irresponsible people will continue to be irresponsible with or without a leash ordinance.  She cited that Granville Sentinel article, which stated only three dog bites had been reported during the past five years and those dogs were on a leash.  Ms. Smith quoted statistics that showed an increase likelihood of an incident while a dog was on lead than off.  Ms. Smith suggested that Council was attempting to manage a problem that did not exist.  If there were concerns, the existing law addressed those concerns.  Perhaps the solution was to work toward better compliance.

 

            Edith Shore, 128 West Maple Street, expressed her support for the law.  She advised that a former neighbor let their dog bit individuals on three separate occasions without addressing the problem.  Ms. Shore also expressed her concerns about dog owners allowing their pets to use neighbor’s yards as a bathroom.

 

            Dan Bellman, 310 Summit Street, asked that Council reconsider this legislation, as the standard was not black or white.  He indicated his opposition to a leash law.  Mr. Bellman indicated that laws already existed for animals at-large, animals not under control and defecation issues.

 

            Sharon Sellitto, 215 South Cherry Street, indicated her opposition to replacing the dog at-large law with a leash law.  Manager Holycross indicated that the leash law would be in addition to the dog at-large law.

 

            Bob Malcuit, 526 West Broadway, expressed his support for the leash law.  He felt it would make the community safer and enhance dog control issues in general.  Mr. Malcuit also wanted Council to deal with the issue of cats at-large.  Councilmember McGowan advised Mr. Malcuit that the existing laws covers all animals at-large.

 

Ordinance No. 15-09, An Ordinance to Amend Ordinance No. 17-08 to Provide for Adjustments of the Annual Budget for Fiscal Year 2009 and to Revise Sums for Operating Expenses          

 

Assistant Manager Roberts advised Council that this ordinance was to handle housekeeping issues involving the receipt of additional FEMA funds, administrative issues and to build an enclosure around the sludge lagoon.

 

Mayor Hartfield closed the public hearing at 8:18pm. 

 

OLD BUSINESS

 

Ordinance No. 13-09, An Ordinance to Amend Section 505.01 of the Codified Ordinances of the Village of Granville to Establish a Leash Law

 

Discussion:

Councilmember Tegtmeyer stated that perhaps this legislation was misdirected.  The problems highlighted through public comment seem to focus more on animals at-large and irresponsible owners.  Perhaps the focus should be on enhanced enforcement.  Incidents can happen even when dogs were leashed.  Councilmember Tegtmeyer advocated for solutions that are more effective.

 

Vice Mayor Herman agreed with Councilmember Tegtmeyer.  He was not in support of a leash law.  There was not a need and this law would not solve the problems discussed during public comment.  Vice Mayor Herman suggested that specific problems needed to be identified and then addressed.

 

Councilmember O’Keefe indicated that she was in support of the legislation.  The law targeted public areas.  The law would provide for greater control of an animal, provide comfort to individuals who may be frightened of dogs, and encourage general responsibility from pet owners.  Councilmember O’Keefe asked Manager Holycross if the statistics quoted in the Granville Sentinel were correct.  Manager Holycross indicated that the actual number of dog bite incidents over five years was fifteen.

 

Mayor Hartfield stated that a new law might not address the issues expressed by the residents or the issues that she has seen in court.  The issue needing to be addressed was irresponsible dog owners. 

 

Councilmember McGowan suggested that the legislation be tabled.  He also suggested that Council seek more input from local residents.  Councilmember McGowan did add that the TJ Evans Bike Trail required dogs to be on a leash.  He indicated his support toward the improvement of the overall community.

 

Councilmember Mershon suggested getting more citizen involvement and seeking their recommendations to deal with the issues discussed earlier.  Councilmember O’Keefe suggested an ad hoc committee.  Councilmember Barsky also suggested extending the time to more effective address the issues.

 

Councilmember O’Keefe moved to table Ordinance No. 13-09.  Second by Councilmember Barsky. 

 

Mayor Hartfield called for a roll call vote to table Ordinance No. 13-09:  Barsky – yes; McGowan – yes; Mershon – yes; O’Keefe – yes; Tegtmeyer – yes; Herman – yes; Hartfield – yes.  Motion carried (7-0).  Ordinance No. 13-09 was tabled. 

 

Council recommended that a committee be formed to address the issues brought forward by Village residents regarding animals at-large, including cats and better enforcement of the existing code.  Councilmember O’Keefe asked if statistic were available on the effectiveness of leash laws.  Manager Holycross indicated that staff would research that issue.

 

Ordinance No. 15-09, An Ordinance to Amend Ordinance No. 17-08 to Provide for Adjustments of the Annual Budget for Fiscal Year 2009 and to Revise Sums for Operating Expenses was moved for approval by Councilmember Tegtmeyer.  Second by Councilmember O’Keefe.

 

 

 

Discussion:

Councilmember Barsky advised that a verb needed to be added to part b of the third Whereas following Mayor’s Court.

 

Mayor Hartfield called for a roll call vote on Ordinance No. 15-09:  McGowan – yes; Mershon – yes; O’Keefe – yes; Tegtmeyer – yes; Barsky – yes; Herman – yes; Hartfield – yes.  Motion carried (7-0).  Ordinance No. 15-09 was adopted.

 

Resolution No. 09-38, A Resolution to Establish a Traffic Calming Policy and Program for the Village of Granville was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember Mershon.

 

Discussion:

Councilmember Barsky questioned why a traffic calming policy was initiated.  Mayor Hartfield indicated that during her tenure on the Lights, Street/Sidewalks, Safety and Utilities Committee, the Committee received numerous requests for traffic calming.  The Committee wanted parameters or guidelines to review and evaluate resident’s requests.  Manager Holycross indicated that the Village had received requests from neighborhoods, but those requests had been handled.  It would have been helpful to have a policy in place that outlined to residents how those types of decisions were evaluated and addressed.  Traffic engineer Doyle Clear recommended that the Village put a policy in place and provided a suggested policy to use a formal tool.  Service Director Hopkins indicated that random requests do come in throughout the year.  Vice Mayor Herman suggested that the proposed policy could be used informally.  Councilmember Mershon supported Vice Mayor Herman’s suggestion.  He indicated that a legislative policy was not necessary, that staff could use the guidelines as needed.

 

Vice Mayor Herman moved to withdraw Resolution No. 09-38.  Second by Councilmember McGowan.  Motion carried (7-0).  Resolution No. 09-38 was withdrawn.  Council recommended that staff use the traffic calming policy as a guideline to evaluate resident requests.

 

NEW BUSINESS

 

Resolution No. 09-41, A Resolution to Authorize the Village Manager to Advertise for Bids for a Single Trash Hauler was introduced and moved for approval by Councilmember Mershon.  Second by Councilmember Tegtmeyer.

 

Discussion:

Council expressed their support to move forward with the process and advertise for bids.  Manager Holycross indicated that he would formalize the bids guidelines into bid specifications. 

 

Councilmember Tegtmeyer suggested that staff review Mr. Ashbaugh’s concerns.  Manager Holycross indicated that he would look at the residential issues.

 

Vote to approve Resolution No. 09-41.  Motion carried (7-0).  Resolution No. 09-41 was adopted.

 

Resolution No. 09-42, A Resolution to Authorize the non-Permanent Installation of a Sidewalk Café on the Public Sidewalk at 128 East Broadway in Front of the Business Known as “Nona” for the Calendar Year 2009, Subject to Restrictions was introduced and moved for approval by Councilmember O’Keefe.  Second by Councilmember Barsky.

 

Discussion:

Councilmember O’Keefe asked if this resolution was the same as all previous café resolutions.  Manager Holycross indicated in the affirmative.

 

Vote to approve Resolution No. 09-42.  Motion carried (7-0).  Resolution No. 09-412 was adopted.

 

Resolution No. 09-43, A Resolution to Authorize the Village Manager to Advertise for Bids for the Resurfacing of Certain Public Pathways was introduced and moved for approval by Councilmember O’Keefe.  Second by Councilmember Barsky.

 

Discussion:

Councilmember Mershon asked if all the pathways in the Bryn Du subdivision area were on public property.  Manager Holycross and Service Director indicated in the affirmative. 

 

Vote to approve Resolution No. 09-43.  Motion carried (7-0).  Resolution No. 09-43 was adopted.

 

Resolution No. 09-44, A Resolution to Authorize the Village Manager to Advertise for Bids for an Emergency Generator for the Bryn Du Mansion Property was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember Barsky

 

Discussion:

Councilmember Barsky asked the size of the proposed generator.  Assistant Manager Roberts reported that the Village Engineer was in the process of developing the specifications.  However, the generator would be large enough and wired to both the Mansion and the Fieldhouse for use at either facility.

 

Councilmember Tegtmeyer asked if the generator would be used primarily when the facility was being used as an emergency shelter.  Assistant Manager Roberts indicated in the affirmative.  Manager Holycross indicated that the generator would not be restricted to just emergency shelter use.  It could also accommodate multiple uses and events.

 

Councilmember O’Keefe asked if the unit would be portable.  Assistant Manager Roberts indicated that it would not.  She added that the specifications would also include an alternate bid for a sound enclosure.

 

Vote to approve Resolution No. 09-44.  Motion carried (7-0).  Resolution No. 09-44 was adopted.

REVIEW OF MINUTES

 

Regularly Scheduled Meeting of July 15, 2009

 

Councilmember McGowan made a motion to approve the July 15, 2009 minutes as amended.  Second by Councilmember Mershon.  Motion carried 7-0.

 

COMMITTEE REPORTS   

 

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

No report.

 

Granville Foundation – (Tegtmeyer)

Councilmember Tegtmeyer reported that the Board would be attending a retreat this coming weekend.

 

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) – (Herman, McGowan, O’Keefe)

No report.

 

Planning Commission – (O’Keefe)

Councilmember O’Keefe reported that a porte cochere was approved by the Planning Commission as well as a lot split on East Maple Street.  A house renovation application on West Elm Street was approved.  Three Denison University applications were approved for the addition of a generator and lights.  A garage demolition and replacement application was tabled.

 

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

No report.

 

Recreation Commission – (McGowan)

Councilmember McGowan reported that the Granville Joint Recreation District developed a tentative draft of the organizational structure of the new commission.  He provided a copy to the council members.  Councilmember McGowan also indicated that the District would be seeking a 1-mil levy in November.  Paul Jenks added that it was hoped that the new levy would bring in an additional $110,000 of new monies from residents who live within the school district, but outside of Granville Township.

 

Tree & Landscape Commission (Barsky)

No report. 

 

Union Cemetery (Mershon)

Councilmember Mershon thanked the Trustees for painting the gate at the cemetery. 

 

 

 

 

 

OTHER COUNCIL MATTERS

 

Council set the time and date for Beggar’s Night – Thursday, October 29, 2009 from 5:30 to 7:00pm.

 

Councilmember Mershon advised Council that the last Bryn Du cross-country event would be this week.

 

ADJOURNMENT (9:10pm)

 

Councilmember McGowan moved to adjourn the meeting.  Second by Councilmember Barsky.  Motion carried 7-0.  Meeting adjourned.

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