Granville Community Calendar

Council Minutes April 21, 2010

VILLAGE OF GRANVILLE

COUNCIL MINUTES

April 21, 2010

 

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

PLEDGE OF ALLEGIANCE  

ROLL CALL

Those responding to the roll call were Councilmembers Lerner, McGowan, Mershon, O’Keefe, Herman, Hartfield, Manager Holycross and Law Director Crites.

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

APPROVAL OF AGENDA

Mayor Hartfield suggested moving the discussion and vote of New Business items to follow the Public Hearing section of the agenda. Councilmember McGowan moved to approve the agenda as amended.  Second by Vice Mayor Herman. Motion carried (6-0).    

CITIZEN COMMENTS (7:36 pm)  

As no one appeared to speak, Mayor Hartfield closed Citizen Comment’s at 7:37pm. 

PRESENTATION 

Dr. John Weigand, former President of the Granville Rotary Club and Project Coordinator for the Raccoon Creek pedestrian bridge, advised Council that he was in the final stages of the submission of the ODOT Transportation Enhancement grant for the Raccoon Creek bridge project.  Dr. Weigand thanked Council for their generous financial support of the project in the amount of $92,000.  Dr. Weigand reported that he had discussions with ODOT to determine if there were additional items that could be done to enhance the application.  Village Council had indicated previously their willingness to support the application as a co-sponsor.  However, after speaking with ODOT, Dr. Weigand advised Council that he was requesting that the Village Council become the primary sponsor for the bridge.  The Village had the capacity and experience to oversee such a project as well as the ability to financially disperse funds.  Regarding Council’s previous concerns about being responsible for any cost overruns, Dr. Weigand indicated that there would be several opportunities to withdraw the application prior to the final commitment.  He also indicated that he was still requesting funding from a variety of other entities.   

Joint Recreation District Board Chair Paul Jenks advised Council that the JRD and Granville Township Trustees were still in the process of completing the agreement regarding the maintenance on the bridge. 

Councilmember O’Keefe asked who would be responsible for unforeseen costs after the project had begun.  Dr Weigand indicated that accepting the grant from ODOT was a multi-step process with options to pull out early in the process.  He indicated that he could not really address the issue of cost overruns after the project was set; however, he indicated that the project had strong community support and additional funds could be raised later.  Dr. Weigand also indicated that the cost estimates for the bridge had some contingency built into the estimate.  Manager Holycross indicated that the final commitment came after the bids were received.  The Village could be obligated for any unexpected expenses after the bid process. 

Councilmember O’Keefe asked if the co-sponsors would also be legally responsible.  Manager Holycross indicated that the co-sponsors would probably not be financially responsible.

Councilmember Mershon asked if the level of support from the Township Trustees had changed during the last two weeks.  Dr. Weigand indicated that nothing had changed.  Council suggested that the Township and the Village co-sponsor the application with a resolution reflecting that co-sponsorship with the Village’s financial contribution, the Township’s maintenance contribution and the JRD’s contribution.  Dr. Weigand and Paul Jenks indicated that the Township and JRD were in agreement with that scenario; however, the contracts had not yet been worked out and the application submittal deadline was approaching.  Mr. Jenks further commented that perhaps the Village would want to be the primary sponsor was the Village was the largest governmental contributor. 

PUBLIC HEARING (7:55pm) 

Ordinance No. 05-2010, An Ordinance to Enact New Sections 1501.01, 1501.02, 1501.03, 1501.04, 1511.01, 1511.02, 1511.03, 1511.04, 1511.05 and 1511.99 of the Codified Ordinances of the Village of Granville and to Repeal Existing Sections 1501.01, 1501.02, 1505.01, 1505.02, 1505.03, 1505.04, 1505.99, 1509.01, 1509.02, 1509.03, 1509.04 and 1509.99 of the Codified Ordinances of the Village of Granville

 

Jeff Hussey, Granville Township Fire Chief, advised Council that he was available to answer any questions regarding this legislation.  He indicated that he had provided Council with a summary of why this code update was needed.  Chief Hussey indicated that Council would not necessarily need to adopt these updates as the 2007 Ohio Fire Code was the state law standard.  By adopting these code updates, the Village would have the flexibility to provide local enforcement.  Chief Hussey explained that the section on open burning was based on the Ohio EPA regulations.  The open burning regulations suggested were no more restrictive than what was currently being enforced. 

 

Vice Mayor Herman asked if the EPA had recently relaxed the opening burning provisions.  Chief Hussey indicated that about five years ago the EPA regulations regarding backyard recreational fire pits and chimineas were relaxed.  Councilmember McGowan asked how residents would be impacted by the distance from occupied structure restrictions for patio fire pits.  Chief Hussey stated that some smaller lots would be affected; however, the fire department attempted to work with residents to insure compliance.  The code enforcement, with the adoption of these updates, would be no different than was currently being enforced. 

 

Councilmember Mershon confirmed that the location restrictions listed in this legislation were the same restrictions that were being enforced.  Chief Hussey responded in the affirmative.

 

Councilmember Mershon questioned the one thousand foot restrictions outside the Village limits being enforced and sent to Mayor’s Court for Township residents.  Mayor Hartfield indicated that Mayor’s Court had never reviewed any offenses such as described.  Chief Hussey again assured Council that the fire department attempted to work with residents to insure compliance. The fire department attempts to educate the residents.  There have been no enforcement cases. Law Director Crites indicated that in reading that portion of the code, he did not expect to see a flood of cases; it would just give the fire department the flexibility to address issues locally rather than through the Ohio EPA.

 

Councilmember O’Keefe asked if notification of neighbors was required for large fires.  Chief Hussey indicated that neighbors were not notified.  There were very few requests for large bonfires within the Village.  The EPA requires permits for most bonfires. 

Ordinance No. 06-2010, An Ordinance to Amend Sections 1307.01, 1309.01, 1309.03, 1311.01, 1311.02, and 1311.03 of the Codified Ordinances of Granville, Ohio and to Repeal Existing Sections 1309.06 and 1311.04 of the Codified Ordinances of Granville, Ohio 

As no one appeared to speak, Mayor Hartfield closed the public hearing at 8:12pm.

NEW BUSINESS 

Resolution No. 10-23, A Resolution to Ratify the Decision by the Village Council to Allocate $92,000 in Support of the Grant Application to the Ohio Department of transportation for the Raccoon Creek Bridge Project was introduced and moved for approval by Vice Mayor Herman.  Second by Councilmember Mershon.  

No discussion. 

Vote to approve Resolution No. 10-23.  Motion carried (6-0). Resolution No. 10-23 was adopted. 

Resolution No. 10-27, A Resolution to Authorize the Village Manager to prepare and Execute an Application for Transportation Enhancement Funds for the Raccoon Creek Pedestrian Bridge was introduced and moved for approval by Vice Mayor Herman.  Second by Councilmember Lerner.  

Discussion:

Councilmember Mershon commented that he thought the resolution was to reflect an up to 20% contribution by the Village.  He also felt the Township should be the primary cosponsor of the application.  Councilmember Mershon also expressed concern about the pathway ending onto a gravel parking lot inside the Raccoon Valley Park and not continuing on to connect to River Road.  He also felt their should be more support from outside of the Village as the bridge would serve as many or more constituents outside of the Village. 

Vice Mayor Herman expressed his concern about the “at least” language regarding the Village’s financial contribution.  That language suggested that the Village would be responsible to pay any cost overruns.  Vice Mayor Herman also expressed concerns about the Village taking the lead role in this project and the language that would make the Village responsible for the maintaining the bridge.   The Township should be listed as the responsible entity for bridge maintenance.  Councilmember O’Keefe also expressed concerns about the language that bound the Village to maintain the bridge.  Manage Holycross indicated that the language for this resolution was provided to the Village by ODOT.  He indicated that he was unsure of whether ODOT would accept alternate language.  In speaking with ODOT, Manager Holycross indicated that ODOT had no experience with an application where separate entities would be responsible for separate aspects of the project. 

Councilmember McGowan asked if Council could approve this resolution and outline the other entity’s responsibilities.  Manager Holycross indicated that he did not think the Village could ratify the responsibilities of other governmental agencies.   

Mayor Hartfield indicated that this legislation clearly stated that the Village would be the responsible party for all aspects of this project.  Village Council was uneasy about taking on that responsibility.

Councilmember Mershon suggested that Council could approve the legislation and work with the other entities during the next thirty days to complete the necessary agreements.  If agreements could not be completed, the application could be rescinded.  Vice Mayor Herman indicated that he could support that suggestion if the “at least” language was removed.

Manager Holycross suggested that the JRD, Township and Village adopt joint legislation together which would specify each party’s role and responsibilities.  Council indicated its support for a joint legislation.  Council asked Manager Holycross to organize a special meeting within the next week with the Township and JRD, with the time and place to be announced.  Manager Holycross indicate in the affirmative. 

Councilmember O’Keefe moved to table Resolution No. 10-27 until April 28, 2010 or indefinitely after that date.  Second by Vice Mayor Herman. 

Vote to table Resolution No. 10-27 until April 28, 2010 or indefinitely.  Motion carried (6-0). Resolution No. 10-27 was until April 28, 2010 or indefinitely.

Resolution No. 10-24, A Resolution to Appoint Members to the Bryn Du Governance Commission was introduced and moved for approval by Councilmember O’Keefe.  Second by Councilmember McGowan.  

Discussion:

Vice Mayor Herman moved to appoint Jurgen Pape as a returning member and insert his name into Section 1.  Second by Councilmember O’Keefe.

Vote to appoint Jurgen Pape.  Motion carried (6-0). Jurgen Pape’s name would be listed in Section 1 of Resolution No. 10-24 as a member of the Bryn Du Governance Commission. 

Councilmember Mershon moved to appoint Stewart Dyke as a returning member and insert his name into Section 2.  Second by Councilmember O’Keefe. 

Vote to appoint Stewart Dyke.  Motion carried (6-0).  Stewart Dyke’s name would be listed in Section 2 of Resolution No. 10-24 as a member of the Bryn Du Governance Commission. 

Mayor Hartfield invited the other two applicants to address the Council. 

Councilmember O’Keefe asked each applicant how the existing out buildings should be utilized. 

  • Mr. Vincent Engel suggested that the use of the facility should be for the widest community benefit.  He explained that he was interested in historic preservation and the Bryn Du Mansion.  He also explained that he had been involved with similar historic preservation projects in Charleston and German Village.
  • Mr. Gregg Steger suggested that the building usage should be to advance community utilization while preserving the historic character. 

Councilmember O’Keefe asked each applicant’s experience with fundraising. 

  • Mr. Engel indicated that he had been active in preservation fundraising while a resident of German Village through his work with the Home & Garden Tours, various auctions and Oktoberfest.
  • Mr. Steger indicated that he had been involved with fundraising through his work with the United Way.   

Councilmember Mershon expressed his delight with the applicants and thanked them for their willingness to participate.  Mayor Hartfield echoed that statement and hoped their interest in public service would continue. 

Vice Mayor Herman moved to appoint Vincent Engel because of his expertise and previous direct fundraising experience and insert his name into Section 3.  Second by Councilmember Lerner. 

Vote to appoint Vincent Engel.  Motion carried (6-0).  Vincent Engel’s name would be listed in Section 3 of Resolution No. 10-24 as a member of the Bryn Du Governance Commission. 

Vote to approve Resolution No. 10-24 as amended.  Motion carried (6-0). Resolution No. 10-24 was adopted. 

Resolution No. 10-25, A Resolution to Express Appreciation to Keith Myers for Service on the Bryn Du governance Commission was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember O’Keefe.  

Discussion:

Mayor Hartfield read the resolution stating Mr. Myers’ contributions to the Bryn Du Governance Commission and the community as a whole.   

Councilmember Mershon thanked Mr. Myers’ of his involvement in multiple advisory committees and for the services provided by his firm.  Those contributions were above and beyond.   

Mr. Myers thanked Council for the opportunity to serve and for Council’s support in the purchase and development of the Bryn Du property.

Vote to approve Resolution No. 10-23.  Motion carried (6-0). Resolution No. 10-23 was adopted. 

Resolution No. 10-26, A Resolution to Establish an Identity Theft Policy for the Village of Granville was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember O’Keefe.

Discussion:

Manager Holycross indicated that developing an identity theft policy was required by federal law and must be in place by June, 2010.  The legislation provided provisions to handle resident’s personal and financial information. 

Vote to approve Resolution No. 10-26.  Motion carried (6-0). Resolution No. 10-26 was adopted.

Ordinance No. 07-2010, An Ordinance to Permit Demolition of the Single-Story Accessory Structure at 101 Washington Drive, a Part of Denison University was introduced and recommended a public hearing on May 5, 2010 by Councilmember McGowan. Second by Councilmember O’Keefe.

Mayor Hartfield scheduled a public hearing for Ordinance No. 06-10 for the May 5, 2010 Council meeting.

OLD BUSINESS

Ordinance No. 05-2010, An Ordinance to Enact New Sections 1501.01, 1501.02, 1501.03, 1501.04, 1511.01, 1511.02, 1511.03, 1511.04, 1511.05 and 1511.99 of the Codified Ordinances of the Village of Granville and to Repeal Existing Sections 1501.01, 1501.02, 1505.01, 1505.02, 1505.03, 1505.04, 1505.99, 1509.01, 1509.02, 1509.03, 1509.04 and 1509.99 of the Codified Ordinances of the Village of Granville was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember O’Keefe.

No discussion.

Mayor Hartfield called for a roll call vote on Ordinance No. 05-2010: McGowan – yes; Mershon – yes; O’Keefe – yes; Lerner – yes; Herman – yes; Hartfield – yes.  Motion carried (6-0).  Ordinance No. 5-2010 was approved.  

Ordinance No. 06-2010, An Ordinance to Amend Sections 1307.01, 1309.01, 1309.03, 1311.01, 1311.02, and 1311.03 of the Codified Ordinances of Granville, Ohio and to Repeal Existing Sections 1309.06 and 1311.04 of the Codified Ordinances of Granville, Ohio was introduced and moved for approval by Councilmember Barsky.  Second by Councilmember O’Keefe.

Discussion:

Mayor Hartfield questioned the need for update this portion of the Village Code.  Manager Holycross indicated that many of the items required in the existing Code no longer exist or were required.  The update was to modernize the code and remove archaic language regarding house numbering, for example.

Councilmember Mershon questioned the language regarding the requirement for the size of house numbers and the location.  Law Director Crites indicated that the change in language was requested by law enforcement in order to identify locations more quickly and efficiently. 

Mayor Hartfield called for a roll call vote on Ordinance No. 04-2010: Mershon – yes; O’Keefe – yes; Lerner – yes; McGowan – yes; Herman – yes; Hartfield – yes.  Motion carried (6-0).  Ordinance No. 6-2010 was approved. 

REVIEW OF MINUTES

Regularly Scheduled Meeting of April 7, 2010

Councilmember McGowan made a motion to approve the April 7, 2010 minutes as amended. Second by Councilmember O’Keefe. Motion carried 6-0.

MAYOR’S COURT REPORT – March

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

Councilmember O’Keefe moved to accept the March Mayor’s Court report.  Second by Councilmember McGowan.  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 – March 

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

Mayor Hartfield commented on the improved revenue numbers for the month of March.  Manager Holycross indicated that April would be the decisive month.

Vice Mayor Herman moved to accept the March Monthly Manager’s Report   Second by Councilmember McGowan.  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) – (All Councilmembers)  

No report. 

Granville Foundation – (Mershon)

Councilmember Mershon reported that the Foundation had agreed to provide funding for the Raccoon Creek pedestrian bridge. 

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

No report.

Planning Commission – (O’Keefe)

Vice Mayor Herman questioned why a variance was granted for the signage on the East Broadway downtown building.  Manager Holycross indicated that the signage would cover some bad brick areas on the building as well as fit into existing recessed areas on the building.  Vice Mayor Herman asked that photos of the approved signage be forwarded to Council members. 

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

No report. 

Granville Recreation District – (Lerner)

Councilmember Lerner reported that the JRD had hired a new executive director effective May 3, 2010. 

Tree & Landscape Commission (Lerner)

Councilmember Lerner reported that an independent tree-trimming expert had reviewed the trimming completed in the Village and determined that additional trimming needed to be completed.  The PUCO would be sending in another expert to review the work.  Councilmember Mershon questioned if Village staff felt the trimming thus far had exceeded the trimming completed in 2004.  Manager Holycross indicate the Service Director Hopkins had been reviewing the trimming process for several months and felt many trees were trimmed less than in 2004.  

Union Cemetery (Barsky)

No report. 

OTHER COUNCIL MATTERS  

Councilmember Mershon questioned the status and participants in the flood monitoring project.  Manager Holycross indicated that the Township was currently not interested in participating in the project.  However, the Village and Denison University were still participating.  The total cost of the project was projected to be $35,000 over two years, split between the Village and Denison University.  This project would complete a mapping process of the local flood basin and provide the ability to predict the level of flood waters several hours in advance.  As the Village water, sewer and service departments were all located within the flood basin, as well as many businesses and the Granville Apartments, advance notification of rising flood waters would be beneficial.  Councilmember Mershon questioned if this cost would be ongoing.  Manager Holycross indicated that it would not be ongoing.  Manager Holycross indicated that funds would be budgeted to cover the cost of the project for 2011, while funding for 2010 would be allocated through a variety of departments as many Village services would benefit from this advanced information. 

ADJOURNMENT (9:38pm) 

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

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