Granville Community Calendar

Council Minutes May 18, 2011

VILLAGE OF GRANVILLE

COUNCIL MINUTES

May 18, 2011

 

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, Mayor Hartfield, Acting Manager Feldman and Law Director Crites.

Councilmember McGowan made a motion to excuse Vice Mayor Herman and Councilmember Barsky.  Second by Councilmember O’Keefe.  Motion carried (5-0).

The minutes reflect that Councilmember Barsky arrived at 7:35pm.

APPROVAL OF AGENDA

Councilmember McGowan moved to approve the agenda.  Second by Councilmember Lerner. Motion carried (5-0).   

CITIZEN COMMENTS (7:33 pm)

Dan Rogers, 210 East Maple Street, indicated his support for the proposed joint fire/police safety complex.  However, he felt there should be a complete review of all policies and procedures of the police department prior to the department being expanded and additional equipment being purchased.  He indicated that most of his experiences with the police department had been good with several good officers like Suzie Dawson, Jon Nicodem, and Brian Costa.  However, there were a few bad officers such as Justin Woodyard.  He intimidates, harasses, stalks and threatens adults and teenagers in his way.  He is a liability that the taxpayers of the Village could not afford.  Mr. Rogers stated that Officer Woodyard should be fired.  This type of intimidation should not be tolerated in a good town.

Barbara Franks, 121 ½ South Prospect Street, indicated that on March 16, 2011 she fell over a cement slab that the neighbor placed at a slant against his construction wall debris.  She indicated that she was returning from dinner with a friend and shouted out when she fell.  She indicated that Officers Nicodem and Woodyard responded to her call.  Sergeant Keith Blackledge also responded and set off the neighbor’s outside security lights and camera.  Officer Nicodem asked Ms. Franks if she was alright.  She indicated that she was just bruised, no blood.  He offered to call the squad, which she declined.  He offered to write a report and Ms. Franks indicated that as the event was being recorded by the neighbor’s camera, she would like a report.  Ms. Franks indicated that when she went to the police department to pick-up a copy of the report, Officer Woodyard had written the report and it was a total fabrication depicting Ms. Franks as trespassing and drunk.  Ms. Franks indicated that she spoke to Officer Nicodem and was told that as he was going off duty, Officer Woodyard completed the report.  Ms. Franks asked Officer Nicodem if she has been on 117 South Prospect Street as any time or appeared drunk.  Ms. Franks indicated that Officer Nicodem responded no to both questions.  Ms. Franks indicated that she then spoke with Chief Mason.  The Chief wrote a new police report regarding this incident.  She indicated the following list of grievances:

(She indicated that she had brought this same grievance to Chief Mason, the Village Manager and Law Director two years ago, but the problem was still continuing.)

Ms. Franks indicated that she was sick and tired of being harassed and profiled by Officer Woodyard.  Ms. Franks stated that Officer Woodyard was known as a “Nazi cop” in Alexandria.  She questioned why Granville hired Officer Woodyard.  (Mayor Hartfield signaled to Ms. Franks to refrain from using epithets.)  Ms. Franks indicated that Officer Woodyard tried to taser one of her son’s friends recently, when the friend had done nothing wrong

Ms. Franks indicated that she researched Officer Woodyard and discovered that he was being paid as a dispatcher and was not trained to make arrests or taser anyone.  She indicated that he hassled and profiled individuals, instead of protecting and serving this community.  She indicated that she had never heard one good thing about him.  She indicated that he was rude to people that wait on him in public places, making him not only a bad cop, but an arrogant one as well. 

Ms. Franks indicated that there was recently a $500,000 robbery to a local business while the owner was out-of-town.  The Granville Police were asked to watch the building.  Her ex-husband watched the tenant strip the building and no one noticed.  She stated that the only burglary solved in the Village in recent years was the case involving bike thefts and that case had went on for ten years.  Ms. Frank stated that when the GPD was asked to take fingerprints for any incident, the response was always “we can’t get any good prints.’  It must be easier for the police to hassle the teenagers then deal with the thieves and heroin dealers in our Village.

Ms. Franks recounted an incident that occurred several years ago between her boys and their friends and some thugs from Newark who kicked their car.  The police advised that the incident was outside of their jurisdiction and called the sheriff.  Ms. Franks felt the police department would not file any charges as one of the boys was the son of a Granville police officer.  She also indicated that her sons and their friends were threatened with citations should they file any charges.

Ms. Franks stated that the Village had more police personnel per capita than any other city and virtually no crime, the lesson was to cut the department in half and pay the remaining officers increased salaries so they could live in Granville and stop having a chip on their shoulders regarding Village kids and Denison students as well.  Remember the attitude comes from the top.  Fire department staff smile and say hello.  She indicated that some Granville police department personnel protect and serve the Village well, but a few rogue cops were ruining it.  Ms. Franks recalled that when Granville had but one officer “Red,” he would help give people young and old a ride home.  There was a problem with the current police department; they do not protect and serve. 

Sam Franks Rogers, 210 East Maple Street, indicated that he was a long time resident of the Village with everyone knowing who he was.  He said he would expect the police department to protect and serve, not harass and hurt his home.  Mr. Rogers said the police cruise by his house every night to see who was at the home, camp out and wait for people to leave to follow them to find excuses to pull them over.  Mr. Rogers stated that Officer Woodyard has pulled over multiple people and asked them if they know me or Cameron Sesser.  This problem happens not only with Officer Woodyard, but the Officers Markley and Wilson and Sergeant Blackledge.  When this issue, regarding these officers was discussed with Chief Mason, he acknowledged that Mr. Rogers and Mr. Sesser were hunted, as they had a bad attitude.  Mr. Rogers felt that was profiling and Chief Mason having a bad attitude.  Mr. Rogers hoped that with the new station, things should change.

Brandon Parker, 204 Whipkey, indicated his support for a joint fire and police complex.  He questioned the need to expand the police force based on their harassment tactics.  Mr. Parker indicated that he was arrested this past December and was illegally searched, as he was advised by a lawyer.  The lawyer advised that the illegal search would be impossible to prove as it would be his word against the Officer’s word.  If the police force has time to drive around and harass kids, then was the expansion really necessary.  Mr. Parker indicated that he was tired of being treated like a second class citizen and a criminal for no reason.  He indicated that he saw no reason to expand the police force.  Mr. Parker stated that the longer you let a mess set, the bigger it gets and the harder it was to clean.  He felt the Village would be taking the mess (the GPD) and just making it bigger.

As no one else appeared to speak, Mayor Hartfield closed the Citizen Comments at 7:46pm.

PRESENTATION

Andy Wildman, Director of the Joint Recreation District, advised Council that he was there to report the results of the Community Needs Assessment completed by the District.  Director Wildman indicated that the District has been working on this assessment since last fall.  The District Broad determined that there were four specific areas of questions for the assessment.  Those four areas were to identify facilities needed, identify types of programs wanted, the need and size of a community center, and the level or support for the completion of a feasibility study.  He indicated that 242 individuals provided their opinions during 28 focus groups and 55 interviews. 

The study identified the top eight facility needs: 

  1. outdoor leisure pool
  2. community recreation center
  3. indoor pool/natatorium
  4. additional flex sport fields
  5. indoor sports courts
  6. maintain/develop trails/pathway
  7. senior center
  8. year-round restrooms at parks

The survey identified which adult and youth/teen programs should be developed or enhanced.  Director Wildman stated that the community was in support of a medium or large sized recreation center by 64%.  He also indicated that 74% of the community supported the completion of a feasibility study to determine the costs, funding options, partnership opportunities, location and concept design of a community center.

Director Wildman stated that the Rec District would now begin interviewing experts who could help determine the feasibility study.  The Board will be interviewing firms to complete the study later this year. 

Councilmember O’Keefe asked if the study would include looking at which services might be offered locally and which services could be provided by organizations already offering those services in the wider community.  Director Wildman indicated that the Rec District would be looking into all possible partnerships.

Director Wildman thanked Council for their time in allowing the Rec District to make this presentation.

PUBLIC HEARING (7:59pm)

Ordinance No. 12-11, An Ordinance Granting a Utility Easement Across Village Owned Property Located at 118 South Main Street to the Ohio Power Company, an Ohio Corporation and a Unit of American Electric Power

Jim Patin, Granville Historical Society Board Member, requested Council’s support for this ordinance.  He indicated that currently the electric power lines run over top the back of the Historical Society’s property to Park National Bank which would impede the Historical Society’s expansion plans.  AEP was willing to bury the power lines underground as a safety issue and permit their expansion.  Mr. Patin thanked the Village for their portion of this project to provide the paving and asphalt work.

As no one else appeared to speak, Mayor Hartfield closed the public hearing at 8:01pm.

OLD BUSINESS

Ordinance No. 12-11, An Ordinance Granting a Utility Easement Across Village Owned Property Located at 118 South Main Street to the Ohio Power Company, an Ohio Corporation and a Unit of American Electric Power was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember O’Keefe. 

Discussion:

Acting Manager Feldman indicated that he had met with the adjoining property owners.  One property owner expressed concerns about any change in the access to her property.  Acting Manager Feldman indicated that this change would allow for the Historical Society’s addition and solve safety issues.

Councilmember O’Keefe asked how much additional paving would be added.  Acting Manager Feldman indicated that no additional areas not already paved would be paved.

Councilmember Barsky expressed concern that there was “wiggle room” in the easement language that would not require AEP to bury the lines.  Acting Manager Feldman indicated that the easement was standard contract language.  Councilmember Mershon indicated that Council would need a level of trust in AEP and as AEP offered to cover the cost of putting the lines underground, the Village was probably pretty safe.

Mayor Hartfield called for a roll call vote to approve Ordinance No. 12-2011: Barsky – yes; Lerner – yes; McGowan – yes; Mershon – yes; O’Keefe – yes; Hartfield – yes.  Motion passed (6-0).  Ordinance No. 12-2011 was approved. 

NEW BUSINESS

Ordinance No. 11-11, An Ordinance to Amend Sections 1159.01, 1159.02, 1159.03, 1159.04, 1159.05, 1159.07 and Repeal Existing Section 1159.04 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Village District was introduced and a hearing date recommended for June 1, 2011 by Councilmember McGowan.  Second by Councilmember O’Keefe.

Mayor Hartfield scheduled a public hearing for Ordinance No. 11-2011 for the June 1, 2011 Council meeting.

Ordinance No. 13-11, An Ordinance Granting Approval and an Easement to the Granville Historical Society to Allow Construction of an Addition to a Building Located at 115 East Broadway that will Encroach onto Village Owned Property Located at 118 South Main Street was introduced and a hearing date recommended for June 1, 2011 by Councilmember McGowan.  Second by Councilmember Barsky.

Mayor Hartfield scheduled a public hearing for Ordinance No. 13-2011 for the June 1, 2011 Council meeting.

Resolution No. 2011-29, A Resolution Expressing the Support and Cooperation of Village Council to Participate in a Joint Study with Granville Township for a Joint Public Safety Facility was introduced and moved for approval by Councilmember O’Keefe.  Second by Councilmember Barsky.

Discussion.

Councilmember Barsky indicated that she felt a needs assessment of the police should be completed by an objective party.  She wanted Village staff to understand that this resolution was only to express support for the fire department by the Village in order to complete a site location evaluation.  Any sites evaluated should be evaluated as fire department sites only. Councilmember Barsky indicated that she wanted a needs assessment of the police department prior to committing to moving forward any further.  She stated that the current trend was to co-mingle and expand departments and that the consultant hired by the fire department objective may not be the same as the Village’s.  Acting Manager Feldman confirmed that this resolution obligated the Village to nothing more than looking at possible site locations in conjunction with the fire department.

Councilmember Mershon asked if a needs assessment had been completed for the police department.  Acting Manager Feldman indicated that an in-depth study had not been completed.  Councilmember Mershon expressed concerns about looking into a new complex without determining the needs of the department.  He indicated that an assessment need not be completed by an outside firm.  The management could provide most of that information.  Councilmember Mershon also suggested that a joint safety complex was not the only possible solution to police department facility needs, the fire department building would be a possible alternative location.

Mayor Hartfield asked if a police department facility assessment could be included as part of the site evaluation.  Acting Manager Feldman indicated that it could be a possibility. 

Councilmember McGowan requested that when looking at this project and comparing it to other communities, we should look at communities our size, not larger communities who may have greater needs.

Councilmember O’Keefe wanted information gathered to include projected growth of the department

Vote to approve Resolution No. 2011-29.  Motion carried (6-0).  Resolution No. 2011-29 was adopted.

Resolution No. 2011-30, 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 Bella for Calendar Year 2011, Subject to Restrictions was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember Barsky.

Discussion.

Councilmember O’Keefe reported that this application was approved by the Planning Commission.

Councilmember Mershon questioned whether the approved number of tables (eight to ten) would fit in the café area, even though the tables were smaller.

Vote to approve Resolution No. 2011-30.  Motion carried (6-0).  Resolution No. 2011-30 was adopted.

Resolution No. 2011-31, 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 Day y Noche for Calendar Year 2011, Subject to Restrictions was introduced and moved for approval by Councilmember Barsky.  Second by Councilmember O’Keefe.

Discussion.

Councilmember McGowan asked when the restaurant would be opening.  He was unaware of any previous café approvals made prior to the restaurant opening.  Acting Manager Feldman indicated that he was not sure when the restaurant would open.

Vote to approve Resolution No. 2011-31.  Motion carried (6-0).  Resolution No. 2011-31 was adopted.

NOTICE OF APPEAL

In accordance with Section 1137.01(d) of the Codified Ordinances, Council accepted service of the Findings of Fact related to the approval by the Granville Planning Commission of application #2011-28 for Metropolitan Partners for 1919 Lancaster Road. Service has been made on the appellant as well as on all of the persons identified in the record who were permitted to appear and be heard at the hearing as well as all of the adjacent property owners before the Granville Planning Commission.  Service was accomplished by ordinary mail.

In accordance with Section 1137.01(b) of the Codified Ordinances, I hereby advise Council that the Record of the Granville Planning Commission with regard to the approval of application #2011-28 for Metropolitan Partners for the address 1919 Lancaster Road was delivered to the Village Council members. 

In accordance with Section 1137.01(e) of the Codified Ordinances, Council may schedule the hearing on the appeal to be held at either of the next two immediately subsequent regularly scheduled Council meetings for either Wednesday, June 1st or Wednesday, June 15th.  

Council scheduled the hearing for this appeal for Wednesday, June 1st.

Councilmember O’Keefe asked if this appeal would hold up the issuance of a partial permit for this project.  Law Director Crites indicated that he was researching this question currently.

REVIEW OF MINUTES

Regularly Scheduled Meeting of May 4, 2011

Councilmember McGowan moved to table the May 4, 2011 minutes. Second by Councilmember Barsky. Motion carried 6-0.

Special Scheduled Meeting of May 13, 2011

Councilmember McGowan made a motion to approve the May 13, 2011 minutes. Second by Councilmember Barsky.  Motion carried 6-0.

MAYOR’S COURT REPORT – April

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

Councilmember O’Keefe expressed concern about people speeding on Burg Street.  Mayor Hartfield asked the Manager to remind Chief Mason to step up enforcement in that area.

Councilmember McGowan moved to accept the April Mayor’s Court 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 – April

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

Councilmember O’Keefe questioned why water consumption was down.  Acting Manager Feldman indicated that with all of the rainy weather, water consumption for lawn watering could be causing a decrease in water consumption, but should cause an increase in sewer production.

Councilmember O’Keefe questioned if stormwater run-off was causing any flooding issues at the water plant.  Acting Manager Feldman indicated that there were no issues,mbut there were concerns about the rising creek waters.

Councilmember Barsky commented on the increase in the number of unsecured building calls to the various schools.  Clerk Prasher indicated that Chief Mason was already following up with the school to work on reducing the number of calls.

Councilmember Mershon questioned if there were any issues regarding infiltration and inflow.  Acting Manager Feldman indicated that the Village was not under any EPA corrective actions, but it was a concern.  Wastewater staff would be running cameras through the lines looking for I & I later this summer.

Councilmember Mershon asked if the Village monitored flows between dry and wet times.  Acting Manager Feldman indicated that the Village had identified areas of concern and would be evaluating the lift stations.

Councilmember O’Keefe asked if there had been any problems with stormwater run-off overflowing into the creek.  Acting Manager Feldman indicated that there was no run over so far this year.  Councilmember Mershon asked if there had been any surges in basements this year.  Acting Manager Feldman indicated that he was not aware of any.

Councilmember McGowan moved to accept the April Monthly Manager’s Report   Second by Councilmember Barsky.  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)

No report.

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

No report.

Planning Commission – (O’Keefe)

Councilmember O’Keefe reported that she was unable to attend the meeting.  The Planning Commission made a recommendation regarding the changes to the Village Code. 

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

No report.

Granville Recreation District – (Lerner)

No report.

Tree & Landscape Commission - (Lerner)

Councilmember Lerner reported that the Commission was working on the improvements to Opera House Park.  The first improvement would be to repair the base for the bell with an estimated cost of $800.

Union Cemetery (Barsky)

Councilmember Barsky reported that the community work day would be on Saturday, June 25th.  The Service Department will be providing help for the Fannins prior to the community work day on June 23rd and June 24th.

OTHER COUNCIL MATTERS

Acting Manager Feldman reported that the current Mosquito Control District manager was retiring and there were concerns on how the District should proceed.  The District was formed in 1971 and was managed by Henry Marsh for the past forty years.  Licking County Common Pleas Court Judge Marcelain, who was responsible for appointments to the District, would like to appoint a new director.  The Granville Township Trustees provided a letter to the Judge suggesting that the District be dissolved and the remaining funds transferred to the Licking County Health Department to cover the cost of spraying until those funds were diminished.  The Trustees indicated that they may now be receptive to appointing a new director.  The director’s job was to contact the Licking County Health Department to initiate spraying and pay the department.  The balance of the current fund is approximately $40,000.  All affected parties will meet with Judge Marcelain on Tuesday, May 24th at 3:00pm to determine a solution.

OTHER COUNCIL MATTERS

Couucilmember Barsky moved to enter into Executive Session, pursuant to ORC 121.22(G)(1) – “to consider the appointment, employment or compensation of a public employee or official.” Second by Councilmember McGowan.

Mayor Hartfield called for a roll call vote: Lerner – yes; McGowan – yes; Mershon – yes; O’Keefe – yes; Barsky – yes;; Hartfield – yes. Motion carried 6-0. Time in: 8:44pm. 

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

Mayor Hartfield called for a roll call vote: McGowan – yes; Mershon – yes; O’Keefe – yes; Barsky – yes; Lerner – yes; Hartfield – yes. Motion carried 6-0. Time in: 9:39pm.

ADJOURNMENT (9:40pm)

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

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