Granville Community Calendar

Council Minutes March 3, 2010

VILLAGE OF GRANVILLE

COUNCIL MINUTES

March 3, 2010

 

CALL TO ORDER (by Mayor Hartfield at 7:31pm)

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. 

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

APPROVAL OF AGENDA

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

CITIZEN COMMENTS (7:32 pm) 

Dennis Cauchon, 327 East Broadway, requested again that Council include clearing sidewalks of snow as part of the Village’s responsibilities.  He suggested that the Village was doing its job to provide for the public safety to maintain a Village transportation system, which included the sidewalk.  Removing the snow from sidewalks was a proper function of government.  The Village acquired a variety of functions over many years including plowing the streets.  Not including sidewalk snow removal was an antiquated idea. 

Mr. Cauchon responded to Councilmember McGowan’s financial concerns from the previous Council meeting.  He indicated that he found several communities that remove snow from sidewalks including Rochester, New York and Sioux Falls, South Dakota.  Rochester, New York, assessed its residents per household for sidewalk snow removal, street snow removal and street sweeping.  Rochester hired outside contractors to provide the services.  The contractor was able to complete nine miles of sidewalk in five hours with a cost of $25 per year/per household to plow 878 miles of sidewalks, $45 per year/ per household to remove the snow from streets and $90 per year/per household for street sweeping.  Sioux Falls contracted its services at $100 per hour.  The Village could remove nine miles for snows for $500 per sweep up to $3,000. The Village should treat the sidewalks as part of the transportation system and remove the snow for consistency and resident convenience. 

Councilmember McGowan responded that if the Village could remove the snow from the sidewalks for $3000 for the year that would be a reasonable consideration.  However, Councilmember McGowan felt the Village could not find individuals to complete the work for $10 plus pay for benefits.  He felt those figures were off.  Individual homeowners have the responsibility to remove the snow.  It also takes away opportunities for young people to work.  Mayor Hartfield indicated that she had researched the internet for any Ohio communities that provide sidewalk snow removal services.   Village staff found one community.  Mayor Hartfield also indicated that the community through neighbors, churches and other organizations were available to help local seniors remove snow.  

Councilmember Mershon asked Mr. Cauchon which Ohio communities he had previously indicated provided this service.  Mr. Cauchon thought Chagrin Falls was a northeast Ohio community as well as Dover, New Hampshire.  Councilmember Mershon asked staff to identify the cost of snow removal and follow-up with other communities that provide this service.  

Councilmember McGowan thanked the Village service department for the excellent job they did removing the snow during the past month. 

PUBLIC HEARING (7:47pm) 

Ordinance No. 02-10, An Ordinance Granting (Franchise) to Licking Rural Electrification Inc. the Right to Maintain and Operate in the Public Grounds Within the Village of Granville, Lines for the Transmission and Distribution of an Electrical Lighting and Power Distribution System, Through, or Across the Village of Granville 

Todd Yaross, legal counsel for Licking Rural Electrification, advised Council that an

updated amendment was before them for their consideration.  After discussion with the Village Law Director and Manager Holycross, a revised ordinance was developed. 

Law Director Crites indicated that the Village had received an ordinance rewritten by resident Dan Bellman with several suggestions.  The Village staff also raised several issues.  After a discussion with Bruce Sumner, President of LRE, and Mr. Yaross, the amended ordinance was being place before Council for their consideration. 

Dan Bellman, 310 Summit Street, indicated that he was concerned that the Village would create long term precedent.  Other entities, such as AEP, used their agreement to take advantage of the Village.  Mr. Bellman suggested that the Village approve the agreement for one year to provide time to review to request. 

Bruce Sumner, President and CEO of Licking Rural Electrification, indicated that LRE served thirty-three Granville Village residents.  LRE was a cooperative organization.  He requested that Council vote an extension of the franchise agreement. 

As no one else appeared to speak, Mayor Hartfield closed the public hearing at 7:51pm. 

OLD BUSINESS 

Ordinance No. 02-10, An Ordinance Granting (Franchise) to Licking Rural Electrification Inc. the Right to Maintain and Operate in the Public Grounds Within the Village of Granville, Lines for the Transmission and Distribution of an Electrical Lighting and Power Distribution System, Through, or Across the Village of Granville was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember O’Keefe. 

Discussion:

Councilmember O’Keefe asked if all of the electrical lines were underground in the area covered under this agreement.  Mr. Sumner indicated that all LRE Village lines were underground.  There are some Township lines that were above ground.  Any subdivisions developed in the last thirty years had all utilities placed underground. 

Vice Mayor Herman asked if LRE would be required to come before Village Council to acquire permission to add poles or additional lines in that area.  Law Director Crites advised Council that the installation of any poles or lines without the expressed authorization of Village Council. 

Mayor Hartfield asked if the new agreement was satisfactory to all parties.  Law Director Crites indicated that Mr. Sumner, Mr. Yaross, Manager Holycross and himself discussed all the issued earlier today in a conference call.  All the amended sections were agreed to by both parties.  Law Director Crites also advised that the franchise agreement was only being approved for twenty years for the existing service area, instead of the requested forty years.   An additional change was to allow for a twenty day indemnification period adjusted from ten days. 

Councilmember O’Keefe asked when indemnification would be necessary.  Law Director Crites indicated that accident that might take place during the installation of a new pole or line that included some type of negligence.  LRE would be responsible to hold the Village harmless in such an event.     

Vice Mayor Herman moved to amend Ordinance No. 02-10 to the suggested language provided in the revised ordinance.  Second by Councilmember Mershon. 

Mayor Hartfield called for a roll call vote to amend Ordinance No. 02-10:  Lerner – yes; McGowan – yes; Mershon – yes; O’Keefe – yes; Herman – yes; Hartfield – yes.  Motion carried (6-0).  Ordinance No. 2-10 was amended.   

Councilmember Mershon asked for further clarification as to when they would be obligated to indemnify the Village.  He indicated that he had a concern regarding the “provided that” language.  Law Director Crites indicated that it was conditioned upon the Village notifying LRE within twenty days of a claim being filed.  Councilmember Mershon confirmed that if LRE was negligent in constructing, operating or maintaining their electrical distribution system, but the Village failed to notify them within the twenty days, LRE would not have an indemnity obligation and was that limitation part of the current agreement.  Law Director Crites responded in the affirmative.  The indemnification time period in the current agreement was ten days. 

Mayor Hartfield called for a roll call vote on amended Ordinance No. 02-10 as amended: McGowan – yes; Mershon – yes; O’Keefe – yes; Lerner – yes; Herman – yes; Hartfield – yes.  Motion carried (6-0).  Ordinance No. 2-10 was approved as amended. 

NEW BUSINESS 

Councilmember Mershon recused himself from the meeting. 

Resolution No. 10-13, A Resolution to Authorize the Non-Permanent Installation of a Sidewalk Café on the Public Sidewalk at 130 North Prospect in Front of the Business Known as Greek Eats for Calendar Year 2010, Subject to Restrictions was introduced and moved for approval by Councilmember McGowan. Second by Vice Mayor Herman. 

Discussion:

Councilmember McGowan requested that staff remind the businesses to keep their tables and chairs within the designated area.  Mayor Hartfield agreed that the tables and chairs have a tendency to move around. 

Vote to approve Resolution No. 10-13.  Motion carried (5-0). Resolution No. 10-13 was adopted. 

Councilmember Mershon returned to the meeting. 

Resolution No. 10-14, A Resolution to Authorize the Non-Permanent Installation of a Sidewalk Café on the Public Sidewalk at 126 East Broadway in Front of the Business Known as Broadway Pub for Calendar Year 2010, Subject to Restrictions was introduced and moved for approval by Councilmember McGowan. Second by Councilmember O’Keefe. 

Discussion:

Councilmember McGowan questioned the issue of businesses cooking on the sidewalk during community events.  Manager Holycross indicated that the business had to receive permission from the event coordinator to participate and remove the tables and chairs from the sidewalk during that event. 

Councilmember O’Keefe asked about the location of sidewalk signs.  Manager Holycross indicated that the sidewalk signs were required to remain in the designated area along with the tables and chairs. 

Vote to approve Resolution No. 10-14.  Motion carried (6-0). Resolution No. 10-14 was adopted. 

Resolution No. 10-15, 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 Calendar Year 2010, Subject to Restrictions was introduced and moved for approval by Councilmember McGowan. Second by Councilmember O’Keefe. 

Discussion:

No discussion. 

Vote to approve Resolution No. 10-15.  Motion carried (6-0). Resolution No. 10-15 was adopted. 

Resolution No. 10-16, A Resolution to Authorize the Non-Permanent Installation of a Sidewalk Café on the Public Sidewalk at 132 East Broadway in Front of the Business Known as Village Coffee Company for Calendar Year 2010, Subject to Restrictions was introduced and moved for approval by Councilmember McGowan. Second by Councilmember Mershon. 

Discussion:

No discussion. 

Vote to approve Resolution No. 10-16.  Motion carried (6-0). Resolution No. 10-16 was adopted. 

Councilmember Mershon recused himself from the meeting. 

Resolution No. 10-17, A Resolution to Authorize the Non-Permanent Installation of a Sidewalk Café on the Public Sidewalk at 134 East Broadway in Front of the Business Known as Victoria’s Parlour for Calendar Year 2010, Subject to Restrictions was introduced and moved for approval by Councilmember McGowan. Second by Councilmember O’Keefe. 

Discussion:

Councilmember McGowan asked if a new owner took over the business would this approval apply to the new owner.  Manager Holycross indicated that the approval would not carry over.  The new owner would need to apply to the Planning Commission for approval of a sidewalk café. 

Vote to approve Resolution No. 10-17.  Motion carried (5-0). Resolution No. 10-17 was adopted. 

Councilmember Mershon returned to the meeting. 

Resolution No. 10-18, A Resolution to Authorize the Non-Permanent Installation of a Sidewalk Café on the Public Sidewalk at 138 East Broadway in Front of the Business Known as Whit’s Frozen Custard for Calendar Year 2010, Subject to Restrictions was introduced and moved for approval by Councilmember McGowan. Second by Councilmember O’Keefe. 

Discussion:

No discussion.

Vote to approve Resolution No. 10-18.  Motion carried (6-0). Resolution No. 10-18 was adopted.

REVIEW OF MINUTES  

Regularly Scheduled Meeting of February 17, 2010 

Councilmember McGowan made a motion to approve the February 17, 2010 minutes as amended. Second by Councilmember O’Keefe. Motion carried 6-0. 

COMMITTEE REPORTS     

Economic, Finance, Personnel Committee (EFP) – (All Councilmembers)  

No report. 

Granville Foundation – (Mershon)

No report. 

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

No report. 

Planning Commission – (O’Keefe)

Councilmember O’Keefe reported that a sign application was approve, a driveway on Sunrise, and a roof replacement was approved.  The Planning Commission also approved the demolition of a garage on West Broadway, which will come before Council. 

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

Councilmember O’Keefe reported that the Comprehensive Plan Steering Committee held a public hearing and listened to comments regarding the Comprehensive Plan.  The Steering Committee scheduled a meeting for Tuesday, March 23 at 5:30pm in the Council Chamber to review those comments and determine how to proceed. 

Granville Recreation District – (Lerner)

No report. 

Tree & Landscape Commission (Lerner)

Councilmember Lerner reported that the Tree & Landscape Commission meeting was cancelled due to the weather. 

Union Cemetery (Barsky)

Councilmember Mershon reported that the Board met to discuss the Fannins visit.  The Township was considering which weeks the Fannins would be here.  They usually arrived the early weeks of June.  Councilmember Mershon encouraged Mayor Hartfield to feel free to provide community service workers during that time period.  Councilmember Mershon also reported that no markers were damages by the downed limb in the cemetery. 

OTHER COUNCIL MATTERS  

Review of Year-end Finance

Finance Director Kraner advised Council that the year-end financial numbers for 2009 had changed as year-end revenues and expenses were higher than anticipated.  Revenues increased by $341,863 with expenses increasing by $325,000.  The anticipated carry over from 2009 was $278,000 less than originally projected.  The initial projected carry over was $1.72 million, but the actual carry over was $1.45 million.  Part of the deficit involved an anticipated refund from ODOT for the pedestrian bridge.  Village staff understood that the cost for engineering services and the pathway approaches had been included in the final cost report.  Those costs were not included as they had been billed and paid for early in the process.  ODOT did not include those costs in the final cost report.  

Finance Director Kraner indicated that as of this date, income tax revenues were down by 4.2%.  She indicated that it was early in the year regarding revenues, that April would be the significant bench mark.  The end of year balance was now estimated to be $493,000.  Staff would be reviewing the financials and making adjustments in spending wherever possible.  Staff would also keep Council informed.  On a positive note, Finance Director Kraner indicated that the Village would be receiving at least $130,000 in estate tax in 2010, an increase of $105,000 from what was budgeted. 

Vice Mayor Herman asked what staff could do to improve the financial projections.  Manager Holycross indicated that purchases recommended for this year could be eliminated or put on hold.  The College Street improvement project could be done in phases over multiple years. 

Manager Holycross asked Council how they would like staff to provide regarding the non profit application submitted at the end of 2009.  Council recommended that staff advise each organization that funding would currently not be available. 

Mayor Hartfield thanked Finance Director Kraner for her presentation to Council. 

Discussion of Stormwater Options Associated with College Street Improvements

Planner Terry provided Council with information regarding the environmental engineering firms contacted to provide alternative solutions to storm water management for the College Street improvement project.  Planner Terry indicated that twelve firms were contacted – two firms would be willing to provide proposals at a cost of about $5,000, five firms indicated that the current storm water management design was the best and most cost effective design, four firms did not respond, and one firm offered to provide a proposal for free.  Tetratech, a New Albany based company, offered their services free.  The engineer was a local Granville resident.  Each firm was asked to provide alternative storm water designs, provide cost effectiveness information, provide the aesthetic appeal, the impact of the design, the resulting water quality improvement and any maintenance costs. 

Councilmember Mershon asked Engineer Turner if there would be any delay in the project should Council request a presentation.  Engineer Turner indicated that there would be no delay.  All bids received would remain valid for sixty days.  Engineer Turner indicated that any change in the plans could be accomplished as a change order rather than restarting the bid process.  He recommended that the most cost effective means to manage storm water would be at the point source.  Engineer Turner indicated that he was not aware of any discharge issues resulting from the College Street storm water line. 

Councilmember O’Keefe asked about the credentials of Tetratech.  Planner Terry indicated Tetratech was a large company with their headquarters in Michigan.  Manager Holycross added that they have 2,000 employees and the firm was very reputable. 

Councilmember Lerner moved to invite Tetratech to the march 17th Council meeting to make a presentation regarding the storm water management design for the College Street improvements.  Second by Councilmember O’Keefe. 

Deer Management Report

Clerk Prasher made a presentation to Council regarding the 2009-2010 deer management program.  She reported that 110 deer were taken as part of the program this year with twenty-seven deer donated to the Licking County Food Pantry Network.  Over 803 acres of property was provided by residents for the program.  There were seventy-two hunters who participated in the program.  

ADJOURNMENT (8:58pm) 

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

Employee Payroll / Compensation

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