Granville Community Calendar

Council Minutes December 2, 2105

Village of Granville

Council Minutes

December 2, 2015

 

CALL TO ORDER (by Mayor Hartfield at 7:32pm) 

PLEDGE OF ALLEGIANCE

OATH OF OFFICE

Law Director King administered the oath of office to Councilmembers Dan Finkelman, Jeremy Johnson, Rob Montgomery and Jackie O’Keefe.

ROLL CALL

Those responding to the roll call were Councilmembers Finkelman, Johnson, Lerner, Montgomery, O’Keefe, Mayor Hartfield, Law Director King and Village Manager Stilwell. 

Councilmember Johnson made a motion to excuse Councilmember McGowan from the meeting.  Second by Councilmember Lerner.  Motion passed. 

APPOINTMENT OF CLERK AND DEPUTY CLERK

Mayor Hartfield administered the oath of office to Clerk of Council Mollie Prasher.

ELECTION OF MAYOR

Councilmember Johnson nominated Mayor Hartfield for the position of Mayor.  Second by Councilmember O’Keefe. 

Councilmember Hartfield accepted the nomination.  There were no additional nominations. 

Mayor Hartfield called for a vote.  Nomination was confirmed.  Mayor Hartfield was reelected Mayor. 

Law Director King administered the oath of office to Mayor Hartfield. 

ELECTION OF VICE MAYOR

Councilmember Lerner nominated Councilmember Montgomery for the position of Vice Mayor.  Second by Councilmember Johnson. 

Councilmember O’Keefe nominated Councilmember McGowan for the position of Vice Mayor.  There was no second. 

Councilmember Montgomery accepted the nomination.  There were no further nominations.

Mayor Hartfield called for a vote.  Nomination was confirmed.  Councilmember Montgomery was elected Vice Mayor. 

Mayor Hartfield administered the oath of office to Vice Mayor Montgomery.  

APPROVAL OF AGENDA

Councilmember O’Keefe moved to approve the agenda as presented.  Second by Councilmember Johnson.  Motion carried.     

CITIZEN COMMENTS (7:40pm) 

As no one appeared to speak, Mayor Hartfield closed Citizen Comments at 7:41pm. 

PUBLIC HEARING

Ordinance No. 15-2015, An Ordinance to Add Chapter 181 of the Codified Ordinance of the Village of Granville Regarding Municipal Income Tax

As no one appeared to speak, Mayor Hartfield closed the Public Hearing for Ordinance No. 15-2015 at 7:42pm.

Ordinance No. 16-2015, An Ordinance to Authorize the Village Manager to Enter into a Lease Agreement with Reader’s Garden for the Lease of a Portion of Village Hall, 141 East Broadway 

As no one appeared to speak, Mayor Hartfield closed the Public Hearing for Ordinance No. 16-2015 at 7:43pm.

Ordinance No. 17-2015, An Ordinance Amend Ordinance No. 16-2014 Providing for Adjustments of the Annual Budget for the Fiscal Year 2015 and Revising Sums for Operating Expenses

Dennis Cauchon, 327 East Broadway, asked if the pedestrian signals proposed were infrared or pedestrian activated.  Manager Stilwell advised that no decision had been made regarding the exact type of signal to be installed.  The purpose tonight was to seek Council’s approval for the expenditure.  Once funding was approved, a decision regarding a specific signal type would be reviewed.  Mr. Cauchon asked if there would be a public opportunity to comment on the type of signal selected.  Manager Stilwell replied that public comments were always welcome; however, that level of decision was generally an administrative matter.  Mr. Cauchon advised Council that he was in support of installing an infrared activated crosswalk signal over a push button signal at the North Pearl Street and Washington Drive intersection.  In the 2010 Safe Routes to School program, the safety consultant recommended infrared signals over the pedestrian push button signals as pedestrians push the signal less than fifty percent of the time.  He indicated that he had provided Council with his personal study completed in 2010 at the push button signal on South Main Street.  At that time, there was only forty-one percent compliance with the push button signal.  The infrared mid-crosswalk signal on East Broadway has one hundred percent compliance.  Mr. Cauchon stated that it was Council’s job to save lives and protect people.  This route was the main route to school and used by Denison students.  He felt Council and staff were asking the wrong questions to try to assign responsibility.  Infrared signals should be the signal installed even at an additional cost.  This issue was a matter of moral policy as the Village did not what the safety consultant advised in 2010.  Manager Stilwell advised that money was not an issue.  Staff will be listening to consultants and doing what was advised.  When the Village had an infrared signal on South Main Street, there were a lot of false positives.  There were pros and cons to each type of signal and staff would review all information available.

Councilmember Montgomery asked if both types of signals could be available.  Manager Stilwell indicated that staff would look into that issue.  Any signal would be installed with ODOT oversight and solar powered.  The entire stretch of roadway between Cedar Street and New Burg Street would be looked at in a holistic fashion with the possibility of redesigning the whole intersection. 

Councilmember Johnson asked if the funds being requested were sufficient to install either type of signal.  Manager Stilwell responded in the affirmative. 

As no one else appeared to speak, Mayor Hartfield closed the Public Hearing for Ordinance No. 17-2015 at 7:50pm.

OLD BUSINESS

Ordinance No. 13-2015, An Ordinance to Amend Section 1121.01 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Required Street Widths and Right-of-Way Widths was moved to be removed from the table by Councilmember Johnson.  Second by Councilmember O’Keefe.  Motion passed.

Discussion:

Law Director King indicated that Council had the updated version of the Ordinance with the revisions that should meet the requirements requested by a local resident.  This new draft had a disjunctive approach maintaining the hardship provision as well as adding language with a lesser standard allowing for a more ambiguous criterion.  Criteria were also available to include the recommendation of professional statements.  These changes should allow for the requested variance request by the local resident.

Councilmember O’Keefe appreciated that use of the Comprehensive Plan to illustrate the importance of including criteria to maintain the small town character of the community. 

Mayor Hartfield asked Councilmember Johnson if the new criteria addressed his earlier concerns about providing specific information for the Commission to use in making a decision regarding a variance.  Councilmember Johnson indicated that the new language addressed tangible concerns and made the decision process easier. 

Law Director King explained that an applicant who wanted to request a variance from the subdivision regulations would make an application to the Planning Commission.  The Planning Commission would make their recommendation to Village Council, who would make a final decision. 

Councilmember Finkelman moved to amend Ordinance No. 13-2015 to accept the newly revised language.  Second by Councilmember Johnson.  Mayor Hartfield call for a roll call vote to amend Ordinance No. 13-2015: Finkelman (yes); Johnson (yes); Lerner (yes); O’Keefe (yes); Vice Mayor Montgomery (yes); Mayor Hartfield (yes).  Motion passed 6-0. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 13-2015 as amended:  Johnson (yes); Lerner (yes); O’Keefe (yes); Finkelman (yes); Vice Mayor Montgomery (yes); Mayor Hartfield (yes).  Motion passed 6-0.  Ordinance No. 13-2015 was approved as amended.

Ordinance No. 15-2015, An Ordinance to Add Chapter 181 of the Codified Ordinance of the Village of Granville Regarding Municipal Income Tax was introduced and moved for approval by Councilmember Johnson.  Second by Councilmember Lerner. 

Discussion:

Council thanked Income Tax Commission Williams for all of her hard work in putting this ordinance together. 

Councilmember O’Keefe stated that this ordinance reinforces what the community needs to do to maintain and encourage more local businesses. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 15-2015:  Lerner (yes); O’Keefe (yes); Finkelman (yes); Johnson (yes); Vice Mayor Montgomery (yes); Mayor Hartfield (yes).  Motion passed 6-0.  Ordinance No. 15-2015 was approved. 

Ordinance No. 16-2015, An Ordinance to Authorize the Village Manager to Enter into a Lease Agreement with Reader’s Garden for the Lease of a Portion of Village Hall, 141 East Broadway was introduced and moved for approval by Councilmember Lerner.  Second by Councilmember O’Keefe. 

Discussion:

Manager Stilwell advised Council that a copy of the updated agreement was provided to Council with the corrected ownership information.

Mayor Hartfield called for a roll call vote to approve Ordinance No. 16-2015:  O’Keefe (yes); Finkelman (yes); Johnson (yes); Lerner (yes); Vice Mayor Montgomery (yes); Mayor Hartfield (yes).  Motion passed 6-0.  Ordinance No. 16-2015 was approved.

Ordinance No. 17-2015, An Ordinance to Amend Ordinance No. 16-2014 Providing for Adjustments of the Annual Budget for the Fiscal Year 2015 and Revising Sums for Operating Expenses was introduced and moved for approval by Councilmember O’Keefe.  Second by Councilmember Johnson. 

Discussion:

Councilmember Johnson asked staff to advise the final costs of the proposed pedestrian signal.  Manager Stilwell responded that he would keep Council abreast of all developments regarding signal selection and installation. 

Councilmember Finkelman asked if staff would request additional funding should the funding being approved with this legislation not be sufficient.  Manager Stilwell responded in the affirmative. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 17-2015:  Finkelman (yes); Johnson (yes); Lerner (yes); O’Keefe (yes); Vice Mayor Montgomery (yes); Mayor Hartfield (yes).  Motion passed 6-0.  Ordinance No. 17-2015 was approved.

NEW BUSINESS

Resolution No. 2015-51, A Resolution Authorizing the Village Manager to Execute the Central Ohio Health Care Consortium Joint Self-Insurance Agreement on Behalf of the Village of Granville was introduced and moved for approval by Councilmember Finkelman.  Second by Councilmember Johnson. 

Discussion:

Mayor Hartfield confirmed that this legislation was more housekeeping in nature.  Finance Director Kraner responded that the agreement was renewed every three years.

Councilmember Johnson asked if Village staff were comfortable with the proposed changes to the agreement and if the scope of risk sharing required a request for additional funding.  Finance Director Kraner responded that staff was comfortable with the proposed changes to the new agreement.  She indicated that the Village had not had any significant increase since 2012.  This year’s increase was two percent.  Manager Stilwell added that the 2012 rate was increased as an additional assessment to return the fund’s balance to a minimum. 

Councilmember Finkelman asked how many members were part of the Village’s plan.  Finance Director Kraner indicated that the Village had thirty-seven full-time employee members plus family members for a total of seventy-eight members.

Councilmember O’Keefe asked if the claims were low for a period, did the fund return surplus funds.  Finance Director Kraner indicated that funds were not given back, but the members received a rate holiday, no rate increase. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-51.  Motion carried.  Resolution No. 2015-51 was adopted. 

Resolution No. 2015-52, A Resolution Authorizing the Village Manager to Enter into a Contract with the Licking County Board of Commissioners for Reimbursement of Legal Counsel for Indigent Defendants for the Village of Granville, Licking County, Ohio was introduced and moved for approval by Councilmember Johnson.  Second by Councilmember O’Keefe. 

No discussion. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-52.  Motion carried.  Resolution No. 2015-52 was adopted.

Resolution No. 2015-53, A Resolution Authorizing the Village Manager to Enter into a Contract for 2016 with Douglas Sassen and the Newark City Law Director’s Office for Services as Municipal Court Prosecuting Attorney was introduced and moved for approval by Councilmember Johnson.  Second by Councilmember Lerner. 

Discussion:

Mayor Hartfield confirmed that the rate had not increased for the Prosecutor’s services since 2009.  Law Director King indicated that the rate increased in 2009 from $12,000 to $15,000 with no further increases.  An increase to $20,000 was requested by the Prosecutor in 2011, but no increase was ever enacted. 

Councilmember O’Keefe asked how often cases were forwarded to the Prosecutor’s office.  Law Director King indicated that cases were regularly sent to the Municipal Court.  The cost for services provided were financially a good deal for the Village. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-53.  Motion carried.  Resolution No. 2015-53 was adopted.

Resolution No. 2015-54, A Resolution Authorizing the Village Manager to Enter into a Contract for 2016 with Michael King for Services as Law Director and Mayor’s Court Prosecuting Attorney was introduced and moved for approval by Councilmember O’Keefe.  Second by Councilmember Lerner. 

Discussion:

Councilmember Johnson thanked Law Director King for his services.  Law Director King expressed that it was a privilege to serve the Village.

Manager Stilwell advised Council of the upcoming changes in personnel including the Clerk of Court position.  Law Director King would have expanded involvement in helping review the needs of that position.  Mr. Stilwell added that once he left the Law Director’s services may increase along with his compensation. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-54.  Motion carried.  Resolution No. 2015-54 was adopted.

REVIEW OF MINUTES

Regularly Scheduled Meeting of November 18, 2015 

Councilmember O’Keefe made a motion to table the approval of the November 18, 2015 minutes until the January 6, 2016 meeting.  Second by Councilmember Lerner.  Motion carried.

COMMITTEE REPORTS

Granville Community Foundation – (Montgomery) 

No report.

Granville Recreation District – (McGowan)

No report. 

Planning Commission – (Johnson/O’Keefe)

Councilmember O’Keefe reported that the Planning Commission approved four applications – front porch steps, a dumpster for Spring Hills Baptist Church, a room demolition and an exterior modification.

Open Space Committee (O’Keefe)

No report.

Tree & Landscape Commission – (Lerner)

Councilmember Lerner reported that the Planning Commission was working on staking the locations for the fall tree plantings. 

Union Cemetery – (            )

No report. 

OTHER COUNCIL MATTERS 

Mayor Hartfield advised Councilmembers that with the recent election, it was time for Council to select Committee assignments.  Councilmembers were provided with a list of Committee assignments and a selection sheet.  She asked Councilmembers to provide their preferences of a Committee assignment to the Clerk of Council before January, 2016. 

Councilmember O’Keefe asked if there were things the Village could do to put community pressure on the state legislature regarding the proposed “Cadillac Tax.”  She also asked if there were any organizations fighting this proposal.  Tax Commissioner Williams stated that Senate Bill 198 would prohibit municipalities from collecting wage earnings from non-residents.  She indicated that per Council’s request, she had drafted a letter for our congressmen expressing the Village’s opposition to that bill and any proposal of centralized collection.  Tax Commissioner Williams indicated that the only organized group was the Ohio Municipal League, but they were a small staff and were not lobbyists.  Law Director King added that he anticipated a legal battle regarding the tax code changes that Council just approved based on a violation of Home Rule.  These additional proposals would also be challenged. 

OTHER STAFF MATTERS

There were no other staff matters.

ADJOURNMENT (8:37pm)

Councilmember Johnson made a motion to adjourn.  Second by Councilmember Finkelman.  Motion carried. 

Council Minutes November 18, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

NOVEMBER 18, 2015

 

CALL TO ORDER (by Mayor Hartfield at 7:30pm)

PLEDGE OF ALLEGIANCE

ROLL CALL 

Those responding to the roll call were Councilmembers Johnson, Lerner, McGowan, Montgomery, O’Keefe, Vice Mayor Barsky, Mayor Hartfield, Law Director King and Manager Stilwell. 

APPROVAL OF AGENDA 

Councilmember McGowan moved to approve the agenda as presented.  Second by Vice Mayor Barsky.  Motion passed. 

CITIZENS COMMENTS (7:31pm) 

Tracee Lang, 494 North Granger Street, indicated that she was happy to see Council addressing the issue of solar energy.  Ten years ago, when she put solar panels on her home, the Village position was that panels on a roof would be looked at as blight in a neighborhood.  She hoped that Council would help promote solar power as a benefit for the community as well as the environment. 

Gill Wright Miller, 411 Welsh Hills Road, wished to address Council regarding the Commons Pleas Court Judgement Entry ordering Council to make a finding concerning Section 1157.14(i) as to whether the Denison solar project constituted a “commercial use.”  As Council stated in the original appeal hearing that “it could not determine whether the proposed conditional use constitutes a commercial use for the purposes of Granville Code 1157.14(i).  Presumably, the Council cannot issue a conditional use permit for an accessory use which violates this provision.  Accordingly, Council shall make a finding concerning Section 1157.14(i).”  Ms. Miller advised Council that they could not simply revisit the March 11th hearing information and submit a decision based on that information as Council stated that the evidence does not support a finding.  Council cannot go back and find evidence as Mike King has suggested.  The Court is requiring Council to take additional evidence and the Court stated that Council violated its duty by not making a finding.  Making a decision now, on a lack of evidence, would be arbitrary and an abuse of discretion making it difficult to appeal to the Common Pleas Court.  Ms. Miller requested a new hearing for Council to take evidence.  The appellants believe Denison withheld information from the residents and Council.  Denison’s definition of commercial use was limited.  If AEP was engaging in commercial activity, that was prohibited.  Denison said that the solar array was to generate power for Denison’s use only.  However, was there a direct power line to Denison’s buildings, does the power go to AEP’s larger power grid and what happens if the array generates extra power, where would that go?  The residents were not privileged to review Denison’s agreements with AEP.  Council could not rely on what Denison said was in the agreement with AEP and Council should have requested all such agreements.  It remained Denison’s burden to prove that it was not a commercial use.  The Court ordered Council to make this determination, which should require an additional hearing.  For Council to determine from existing evidence that the proposed solar array was not a commercial use, as your attorney has advised, would be irresponsible and risk continued appeal.  

Ms. Miller indicated that she was stunned that Council had not requested a copy of the contract between AEP and Denison.  Village regulations state that you had to determine commercial use.  Council had to determine if there was commercial use because you did not have enough evidence.  There was a contract between Denison and AEP that was an assumption.  You did not ask for what that agreement was?  How were you expecting to make a decision as to commercial use?  How could you make that decision without asking to see that agreement?  Does that not have to be part of the application or in the finding of fact, because you have to make a decision about that? 

Councilmember Johnson asked if Council was only permitted to examine elements that were discussed at the BZBA hearing during the appeal hearing.  Was Council limited to what was allowed to look based on the information presented at the BZBA hearing and the information presented at the Council appeal hearing?  Law Director King responded that Councilmember Johnson was absolutely correct.  When the application was before the BZBA, at no point was the issue of commercial use raised in front of the BZBA.  It was not part of the application process.  When the neighbors filed their appeal to Council, the code required that they list their reasons for the appeal and nothing was mentioned as to the commercial use issue.  That issue never came up until it was being heard in front of Council during the appeal.  There was no testimony during the BZBA hearing and only a little testimony during the appeal hearing to Council.  Law Director King’s advice to Council was that it was not properly before Council and Council did not have to pass on it at all.  Judge Marcelain has remanded a Judgment Entry back to Council for a decision.  With this remand, Council had two options, to review the record and determine if there was enough evidence to make a decision or if no evidence could be found, to reopen the appeal hearing to address just the commercial use issue. Council was never in the position to ask for evidence or documents that were not part of an appeal.  Issues were narrowed as proceedings move through the court process.  If the BZBA had heard evidence about this issue and the issue was properly raised, then Council could have requested additional information.  The neighbor’s attorney could have crossed examined Denison during the appeal hearing and brought in additional evidence.  If the evidence had been properly before you and you had asked for the additional evidence, you, no doubt, would have received it.  This issue was not raised and was not part of the appeal.

Due to a presentation being made to the Granville High School girls’ softball team and the number of residents interested in speaking, Mayor Hartfield entertained a motion to amend the agenda.  Councilmember Montgomery moved to amend the agenda to move the Presentation portion of the agenda next and then resume the meeting as scheduled.  Second by Councilmember McGowan.  Motion passed.

PRESENTATION 

Mayor Hartfield read a proclamation to the Granville High School girls’ softball team for winning the Division II state championship.  Each team participant and coaches were recognized - seniors Abby Barker, Jackie Moore, Maddy Richardson and Olivia Simon, juniors Anna Moorehead and Shelby Sprouse, sophomores Sophia Ehlers, Karissa Harris and Liaya Johnson, freshman Hallie Garman, Megan Gummere, CeCe Maclae, Lexie McDonie, Rose Sawyers and Abby Skerbetz.

Council resumed Citizen Comments. 

Ms. Miller stated that what Mike King just said was not true.  She swore under oath that she raised the issue of commercial use with the BZBA.  She also knew for a fact that our attorney asked Denison about commercial use.  She stated that her conversations with Planner Terry about filing an appeal and now feel like I was deceived.  “First, Kathy Standley and I were each going to file an appeal and were advised that we only needed to file one appeal that it did not matter whose names were on the appeal that an appeal was an appeal.  But when the appeal started, only people’s names that were on the appeal had standing and were interested parties.  I asked if everything we were appealing had to be listed and the answer was unequivocally no.  You just have to say something more than we just do not like it.  I do not think you should have to be an attorney to file an appeal.  We should be able to ask Village Council personnel questions and be given correct information.  I was doing what I was told.  I raised that issue with the BZBA.” 

Ms. Miller commented that they were not opposed to solar arrays or opposed to environmental solutions to reduce the carbon footprint.  They were arguing that the Institutional District and conditional use rules and laws need to be upheld.  Ms. Miller said that she would applaud Denison for erecting a solar array where it was legal to do so.  She also thought that there were moral and ethical issues involving who had to bear the burden of the cost.  Ms. Miller wanted to ask the question, as a full-time, thirty-five year Denison employee, with the thirteen new buildings that have gone up in the last ten years and the new performing arts building that was being proposed right now, why were there no solar panels on any of those buildings.  Perhaps a decade ago, solar energy was not in the consciousness of Denison, but should have been in the last five years.  Denison put out a report in July, 2012 that putting in a solar array was not a good idea because of the type of sun we had and other issues.  The sustainability director wrote that in the comments.  The question was not about solar, but the legitimate location of solar and whether this project was even about solar or simply a business plan.  It was also about what Granville had in their zoning rules and laws and whether we should be helping each other uphold those laws, instead of ruling in favor of the giant in the neighborhood. 

Thomas Mallory, 720 East Broad Street, Columbus, Ohio, attorney for the neighbors, commented about whether the issue was raised properly, which was why the judge did not agree and sent back the remand.  The judge clearly stated “presumably, the Council cannot issue a conditional use permit for an accessory” that would violate your code.  Additionally, I did cross examine Seth Patton about the issue of commercial use.  I asked the Law Director if additional evidence could be presented and he said yes.  We cross examined Seth Patton about this issue.

Jurgen Pape, 3 Parnassus Village Drive, voiced his support for the Denison solar array.  He felt that location was good and would be a natural extension for lab work experiences for students within the Bio-Reserve.  He applauded Denison’s attempt to reduce their carbon footprint. 

Brett Stiltner, 451 Welsh Hills Road, indicated that the Welsh Hills Road residents were not totally against solar.  They were against being taken advantage of by people who deceive through their preparation and planning through the Planning Commission and BZBA.  Welsh Hills Road residents were being treated unfairly.  In trying to research information regarding the solar array appeal on the Village website, there was no information about Application #2014-187 that appeared in the minutes.  Why are those meeting minutes all omitted about this application?  Nothing is available.   This information should be available for people to research.  This issue should not have gotten to this point.  He and his neighbors were just regular people fighting a giant (Denison).  They have an endowment, we have nothing.  Nothing has been fair.  He believed that residents were late in being notified.  The whole thing was a fly by night operation.  It should have been done a little more accordingly, instead of slamming it through the BZBA. Denison knew the law, felt no one would fight them and thought no one could stop anything.  It did not go through, the residents stopped it.  They(?) should be able to interpret the law if they were working here.  That was a pretty important thing on the job title.  I am angry that this did not happen.  It was costing me my hard earned money to file this with a court in Newark because Council could not decide what you want to do.  You can’t decide if it was a commercial use or not.  You can’t follow your own rules.  If the residents didn’t hire a lawyer to check you, this would have been okay.  Denison would have gotten what they wanted and built it in 2016.  Denison also changed the dates to 2017.  I am sure that Seth Patton said 2016.  As soon as I find these minutes, I will find where Seth Patton said 2016.  I am feeling deceived.  Mr. Stiltner thanked Mayor Hartfield for her vote against the array. 

Mr. Stiltner provided Council with a definition of commercial – “occupied with or engaged in commerce or work intent for commerce.”  He also provided a definition for commerce – “the exchange or buying and selling of commodities on a large scale involving transportation from place to place” like electric over wires from across the road to the other side of the road.  He provided a definition of commodities “economic goods.”  It could be agriculture, mining or electricity, for example.

Kathy Standley, 379 Welsh Hills Road, said that all she had ever asked for was for the zoning board and Village Council to do their job to protect the residents.  Instead, the BZBA rushed the decision through and did not follow the rules.  She asked that Council enforce the zoning code.  It took an appeal to Council to call out Council’s failure to make a decision about commercial use. 

Barb Stiltner, 451 Welsh Hills Road, questioned how the process got this far.  Council should have made the correct judgment and not let Denison strong arm the Village.  Mrs. Stiltner said residents had been cheated, lied to and deceived, but residents were willing to continue to fight.  Seth Patton said that if the process and money were not available by 2016, the array would not move forward.  Now, suddenly, it is 2017.  Denison came in and cut down over two hundred trees due to the endangered Indiana bat, an endangered Indiana bat that no one seemed concerned about.  Those bats were now roosting in the dead trees on the ground.  They cut down old, big trees that they did not have permission to cut down.  The residents should not have been the people to stop this request, the zoning board and Council should have stopped it. 

Ms. Stiltner also expressed her support for solar energy and environmental issues.  She indicated that she was a member of environmental groups because she believed in the importance of preserving the environmental.  She commented that the proposed solar panels presented to the neighbors were large, out-of-date solar.  We know for a fact that there were smaller, more efficient panels that could be used. 

Laura Collins, 535 Welsh Hills Road, supported her neighbors.  It was disappointing that the Commission could not follow their own rules before they approved the solar array.  When it went to Village Council, all Council was concerned about was making this work.  Why?  Council does not make things work for other businesses in the community.  Other people had to submit information about what type of concrete they were using or had projects stopped even after permits were approved.  Council and the Building and Zoning Commission were not consistent, ignored their own rules and took away the neighbor’s voice of reason.  You allowed Denison to own a golf course with 1,000 acres of land outside of their campus that does not pay taxes.  They own an Inn and restaurant that they received lots of tax breaks for and could not go through a private investor.  Denison came to the rescue.  Whose pocket were all of you in - in Denison’s pocket or the taxpayers?   Denison had over 1,000 acres that the solar array could have gone on, but they chose my backyard.  People would see the array from anywhere on Welsh Hill Road.  It was not a short installation and would reflect into my back windows.  It would absolutely affect my property values.  If it were in your backyard, you would be as hot under the collar as we were. 

Kathy Williams. 469 Welsh Hills Road, also supported her neighbors.  She was fighting for her rights.  Denison carried the burden of proof.  She asked if the Village Council had been in touch with Denison since the Judgment Entry.  She asked for a copy of that information.  Mayor Hartfield asked what specifically she was looking for or requesting.  Ms. Williams asked about the contract between Denison and AEP and if it been seen by the Village.  Mayor Hartfield responded that she knew of no contract and no contract had ever been seen by Council.  Ms. Williams asked if Council had ever asked for that contract.  Mayor Hartfield responded that no contract was ever requested. 

Ms. Williams added that Denison cut down all the trees, but the bats were still nesting in the dead trees.  It did no good to cut down those trees as the bats were still roosting. 

Chris Lucas-Miller, 595 Welsh Hills Road, asked if anyone on Council had the BZBA hearing record in front of them.  Mayor Hartfield responded that Council did not have a copy of that packet.  Mr. Lucas-Miller asked if it was a surprise that the residents were here to talk about it.  Council responded in the affirmative.  Mr. Lucas-Miller commented that he could not believe that it was a surprise that the residents would be here to talk about the solar array decision that was remanded to you at the same time that you were revisiting language about solar energy production facility.  He could not believe that it would be a surprise that a group of people that have appealed were now asking for clarity on that appeal.  It was shocking to him that Mr. King would not have that record and Ms. Prasher would not have that record.  Manager Stilwell interrupted to advise Council that this portion of the meeting was to receive comments from the public.  Mr. Lucas-Miller agreed that Council should not, on their own, think to come up with the records or that maybe someone from the group that was appealing would come up and ask questions about this issue.  But Mr. King probably should have had the transcript with him.  He should have thought that Mr. Mallory would have shown up, that Ms. Miller would have shown up and that these things might be asked for.  Vice Mayor Barsky responded that there were two issues on the agenda – a public hearing on the codified ordinances pertaining to the use of solar as a conditional use and the Judgment Entry regarding your appeal that will be discussed in Executive Session.  Vice Mayor Barsky appreciated the neighbor’s concerns about the request for a change in the code’s language.  The code language change was only indirectly related to the existing appeal.  During Executive Session, the Village Law Director would speak to Council regarding the remand by Judge Marcelain.  These were two separate issues.  The Executive Session would allow Council to review that information with the law director for the first time.  Council was not permitted to make any decision in Executive Session, but could come out of Executive Session and discuss any proposed course of action.  Regarding the Public Hearing dealing with the code change in definitions in the Institutional District, Council discussed, during its last meeting, that there were issues with that ordinance including whether it was appropriate to discuss changing this issue while the appeal hearing was ongoing.  Mr. Lucas-Miller asked if the Executive Session would be this evening and if Mr. King would present evidence to you about the appeal.  Vice Mayor Barsky responded that Law Director King would be talking to Council about the Judgment Entry.  Mr. Lucas-Miller said that he would come prepared with anything and everything from the BZBA testimony and the Council appeal hearing to discuss this issue with Council.   Law Director King explained that Council could not make a decision following the Executive Session other than to direct staff or counsel on how to proceed – whether to develop a resolution with a substantive decision to the Judgment Entry, which would then be place on a Council agenda.  The Executive Session was called for me to provide any legal advice, answer questions and to discuss possible options.  Following the Executive Session, Council may decide to hold another hearing.  A hearing would then be scheduled for a specific Council meeting with you, the other residents, Mr. Mallory, Denison or Council able to discuss.  No one was hiding records, minutes or anything.  The whole purpose was to make things open and transparent.  Mr. Lucas-Miller stated that it did not seem open and transparent, because the minutes that you speak of were not really accessible.  A member of the audience voiced that he easily located those minutes of the BZBA meeting of January 8, 2015 on his cell phone. 

Mayor Hartfield cautioned the audience.  She understood that this issue was an emotional and heated for many people, but the meeting would maintain order.  Citizens’ Comments could not be another opportunity to hear the appeal.  She advised Mr. Lucas-Miller that he was attempting to testify about things Council was not prepared to discuss. 

Tim Collins, 535 Welsh Hills Road, thanked Clerk Prasher for providing information regarding the notices of hearing he expressed concern about at the last Council meeting.  Mr. Collins asked Law Director King if he had spoken with Denison since the remand was received.  Law Director King responded that he had numerous communications that included Denison and Mr. Mallory where both parties were included, except an email with Mr. Mallory asking about the process for this evening.  Mr. Collins asked about the finalized minutes of the original BZBA hearing.  He stated that the minutes that were originally presented were changed by the BZBA.  Law Director King believed that the minutes were amended between the March 4th and March 11th Council appeal hearing.  Mr. Collins stated he could not understand how this issue could have gotten to this point.  It was obvious that the original application was not handled correctly.  How could a solar array be approved for a ten to thirteen acre site in a bio-reserve?  Denison’s presentation had nothing to do with the potential commercial between Denison and AEP.  They mentioned it haphazardly.  Denison also pushed that the project had to be pushed to be completed by 2016.  Now Denison claims they have until 2017 to do the project.  If 2017 was the date, why was it necessary for the BZBA to rush to judgment.  Denison put Village Council in a very bad position as you had to rule on things when there was time to take and go back and address these issues. If the time would have been taken, we, the residents, would not have had to use our funds to fight Denison.  Council made rulings that were against your own rules.  Denison presented this project as something that was good for everyone, when it was only good for Denison.  It did not help the community. 

Mr. Collins commented that this issue had nothing to do with solar.  It was all about if you follow your own rules. They did not do a plan to present to the BZBA as to if the array would affect property values.  I did not care if there was a Walmart or a solar array in my backyard, nobody did that.  The pathetic thing that Denison did was to say they went out on the internet and could not find squat.  That was it.  They did studies to find out if it would affect bats, the flood plain and a possible archeological site, but for the neighbors they did not do anything.  Denison lied in front of you guys because the BZBA did not follow their own rules.  Council made a bad decision and the judge told you so and sent it back.  This had nothing to do with solar.  It had everything to do with the fact that you must follow your own rules.  Because it was not that way, it cost me a lot of time, money and effort and cost Council time, money and effort.  That was what this was about, you do not follow your own rules. 

Jenny Miller, 596 North Pearl Street, said that her home was directly across from the location where Sherry Mitchell was hit on September 22, 2015.  She indicated that her twelve year old son was the first to hear the impact and witness the result of the accident.  Her husband was a first responder.  She hoped that Village Council would address that intersection and find a more efficient way to cross.  She reacts now to every screech of tires that she hears thinking it could be another person.  Ms. Miller offered to permit a sidewalk to extend across her property.  The current traffic was also fast.  If people were encouraged to cross the roadway further north, across from the Denison soccer fields, it might be safer.  She also suggested installing additional signage.  Mayor Hartfield and Council advised Ms. Miller that this issue was in the process of being addressed and that Ms. Mitchell’s accident weighed heavily on Council’s mind. 

Dawn Busalacchi, 115 Shawn Court, expressed her support of the solar array project.  Ms. Busalacchi spoke about her support of solar energy in general.  Solar projects generally do not install more panels than they can use.  Should additional energy be generated by panels that energy could be sold back to the utility.  Neither of these actions make the process commercial.  She expressed her sympathy for the residents directly impacted by this project.  A bigger picture perspective regarding this project would be the overall benefit to the community with the reduction of CO2 emissions into the atmosphere that were directly linked to causes of extreme weather events.  She also expressed sympathy for the removal of the trees as it was a loss to the local environment.  As more energy sources transition to sources that would not contribute to pollution, specifically CO2 emissions, this effort would mitigate and minimize the impact to many ecological communities including bats, both locally and regionally.  The commercial aspect would be revisited in the future during more citizen comment.  The attempt to characterize it as a commercial use was an unknown.  If it were declared that way, it could possibly eliminate residential solar installations in the future.  It was important to tread very carefully. 

David Rouse, 6297 Lafayette Road, would like to see Council promote the use of solar energy throughout the Village.  He had participated in the Licking County solar conference and was highly supportive of Denison’s installation of the solar array. 

Jeremy King, 316 Welsh Hills Road, spoke as a neighbor and representative of Denison.  I was advised at the beginning of this process to not take anything personally; however, that advice was becoming harder to take. Throughout this process I have been called a liar.  As a representative of Denison, Denison has been told we have been deceitful and not truthful.  Throughout the process, I have been willing to provide information, documents, meet and speak with neighbors and been forthcoming with all information that I had available.  Nothing was hidden.  All of the comments that Denison did not provide information or records, I believed that all information was provided and was in the record.  I certainly have been supportive of solar arrays and with my experience with many solar array installations, I feel competent to discuss this issue.  Mr. King indicated that he would like to see the Village be more proactive and supportive of solar for everyone in the community.  I would hope policies and practices could be adopted to promote solar energy.  Regarding the issue of 2016 versus 2107, the federal government grants state that if entities wish to participate in the program, submissions must be made by December 31, 2016.  That date was stated throughout the process.  Denison worked with the neighbors beginning in October 2014 to initiate discussions regarding this issue.  An application for this project was submitted to the BZBA in December, 2014.  The BZBA held its hearing in January, 2015.  I feel like the process was not rushed and has been open and above board. 

David English, 138 North Main Street, wanted to discuss the common definition of commercial use.  The most frequently cited definition was “any business or undertaking intended for profit.”  Regarding whether the solar array would be a commercial use facility would be addressed by additional definitions – would the intended use of the solar array facility result in commercial use or would the construction or finance result in commercial use.  Mr. English claimed that neither would result in a commercial use.  The solar power generation array was not intended to generate electricity for sale.  The purpose was to generate power for internal consumption.  It was anticipated that the array would generate only 15% of Denison’s energy usage and during peak periods up to 50% use.  Mr. English argued that using something for the University’s own use could not be considered a commercial use.  Currently, Denison’s heating plant produced heat for Denison’s internal consumption and that was not considered a commercial.  AEP would own the equipment for the solar array on Denison property.  As part of the proposed agreement, Denison would purchase the solar generating electricity from AEP, just like it purchases electricity currently.  It would be possible for some periods, maybe a few hours, when the combination of ample sun and low demand could result in a surplus of electricity.  In those rare instances, Denison would send that electricity back to the grid and Denison would receive credit for only one-third of the price of that electricity against our electric bill.  This type of rare instance would not cause the entire site to be considered a commercial use.  The second question regarding if there was an aspect of how the solar facility would be funded that would cause the site to be a commercial use.  This issue seemed to stem from the issue of Denison leasing the array equipment.  This lease would be a method to purchase.  Denison leased many other types of equipment from copiers or other equipment for University use.  The lease of equipment was a common policy for public schools, universities and other non-profits.   These leases were a means to maintain more up-to-date equipment and not be evaluated as a commercial use.  Mr. English summarized that evaluating whether the solar array was a commercial use should be based on only one criteria, the array was for Denison’s internal use. 

Tom Evans, 226 South Main Street, indicated that his home had a solar array.  He indicated that he had benefited from the Licking County Solar Coop through the leadership of Richard Downs and Jeremy King.  I agreed with the comments made by Mr. English regarding the commercialization of solar energy.  He indicated that he also had a contract with AEP related to the solar array and the use of the grid.  He felt he did not have a commercial operation and did not feel that the solar array proposed by Denison satisfied any criteria for being commercial. 

As no one else appeared to speak, Mayor Hartfield closed Citizen Comments at 9:23pm. 

PUBLIC HEARING

Ordinance No. 12-2015, An Ordinance to Amend Sections 1135.01 and 1169.02 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Zoning Definitions and Permitted and Conditional Uses in the Institutional District

Mayor Hartfield advised the audience that Council would not be closing the hearing nor acting on Ordinance No. 12-2015.

Tom Busalacchi, 115 Shawn Court, questioned why a small sized array was limited to ten panels or less, which did not produce much electricity at all.  Mr. Busalacchi recommended that the distinction be made based on percentage of use.  Law Direction King indicated that the number was just a starting point to designate a difference between small and large arrays.  Staff was gathering more research and input from solar experts.  That number may well change.  Staff would work to find the most sensible, pragmatic approach. 

Norm Kennedy, 2325 Hankinson Road, had a question about the definition for the size of systems for both permitted and conditional uses.  He indicated that the two utilities that serve this district (AEP and Energy Coop) define small sizes as less than 24 kilowatt usage and large systems as anything above 25 kilowatt usage.  In researching a solar project for his own home, Mr. Kennedy found that solar energy generators came in many form including shingles, awnings, screens, windows and work was being done to develop solar paint.  He encouraged Council to look at a wider range of options to include as part of this ordinance and use the recommendations from utility companies. 

Mayor Hartfield held the Public Hearing open for Ordinance No. 12-2015.

Ordinance No. 14-2015, An Ordinance to Appropriations for Current Expenses and Other Expenditures of the Village of Granville, State of Ohio, During the Fiscal Year Ending December 31, 2016

Manager Stilwell advised that this Ordinance would set the budget beginning January 1, 2016 for the Village.  Staff was prepared to make a formal presentation at Council’s request.

Councilmember McGowan asked if there were any changes from the earlier presentation.  Manager Stilwell indicated that changes were made, per Council’s request, including the transfer of $50,000 to the Pathway Fund, a transfer to the Capital Fund of $200,000 and the non-bargaining employees COLA and merit/bonus increases as previously outlined to Council.   Mr. McGowan expressed his concern in using the term COLA increases as the cost of living did not increase 1.5% in 2015, this was a bonus.  Social Security recipients would not receive an increase for the third time in three years because the federal government said there was not such an increase in inflation.  Non-bargaining employees receive a bonus and a pay increase categorized as a COLA increase, which it is not. 

Manager Stilwell indicated that the non-bargaining employees were receiving the same 1.5% increase as the union employees receive per the union contracts.  The union employees receive a cost of living and a step increase.

Councilmember Montgomery added that the non-bargaining employees did not receive step increases.  They and the union employees receive a 1.5% increase as directed by union contract and for the non-bargaining employees as a means to maintain parity.  The union employees also receive automatic step increases, unless at the stop of their range.  Non-bargaining employees have no opportunity to receive step increases, but can receive a merit/bonus based on their performance. 

As no one appeared to speak, Mayor Hartfield closed the Public Hearing for Ordinance No. 14-2015 at 9:32pm. 

OLD BUSINESS

Ordinance No. 12-2015, An Ordinance to Amend Sections 1135.01 and 1169.02 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Zoning Definitions and Permitted and Conditional Uses in the Institutional District

Discussion:

Vice Mayor Barsky suggested that any further discussion of Ordinance No. 12-2015 should be held until the court ruled on the appeal hearing.  The language of the Ordinance needed further clarification. 

Councilmember Johnson indicated his interest in looking at expanding the Ordinance from just the Institutional District to all Village zoning districts. 

Councilmember O’Keefe asked if there was an urgency to pass this ordinance and if this legislation would have any effect on the results of the court case.  Law Director King responded that it would have no direct effect as they were separate issues  - one was a legislative issue and the other a legal issue.

Mayor Hartfield expressed concerns about keeping the court case and this Ordinance as separate issues. 

Vice Mayor Barsky moved to table the next Public Hearing for Ordinance No. 12-2015 until March 1, 2015 meeting.  Second by Councilmember McGowan.  Motion passed.

Ordinance No. 13-2015, An Ordinance to Amend Section 1121.01 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Required Street Widths and Right-of-Way Widths was moved for approval by Councilmember Johnson.  Second by Vice Mayor Barsky. 

Discussion:

Law Director King indicated that language was changed from the last meeting based on suggestions by Council.  Language was restructured to allow for minimums less than Licking County standards.  The new language allowed Council to deviate by twenty percent on streets, ways and paths, but maintained standards for sidewalks, water lines, sewer lines, storm lines and lighting were all still subject to the County minimums. 

Councilmember Lerner asked the language allowed for variances to deviate from the standards set for just ways and paths, but not sidewalks.  Law Director responded in the affirmative. 

Law Director King indicated that additional criteria was added to help determine when such a variance could be added.  Law Director King indicated that he was unable to add language requiring a ten lot maximum as such language might not survive legal scrutiny.  He indicated that he added the language from the Montgomery County codes that had been court tested. 

Councilmember O’Keefe asked if knowing the topography of the land when you purchased it would be reason to deny an application.  Law Director King responded that such knowledge would not necessarily reject an application.  Law Director King indicated that even with these changes, the property owner, who requested that change, may not be able to benefit from the revised code. 

Councilmember Johnson confirmed that as the Ordinance was currently written, the Village would now have the ability to consider a variance on only streets, ways and paths.  Law Director King responded in the affirmative.  He also questioned why the list of design items in Section 1109.05 still included water, sewer and storm lines.  Law Director King stated that there still could be a variance to those items based on Village standards, but now could receive a variance for anything less than the County minimums.  Councilmember Johnson appreciated the addition of the Montgomery County language as additional criteria, but he felt the language was still vague.  Law Director King stated that this language was the best language that he could provide that would protect Council’s legal interests. 

Mayor Hartfield asked Mr. Tod Frolking to provide his comments. 

Tod Frolking, 605 West Broadway, indicated that after further reading of the proposed Ordinance, he recognized that his request for narrower streets might not be approved as the legislation required the owner to describe substantial injustice and hardship in order to approve a variance.  Other parts of the legislation recognize there may be projects where smaller roadways would be advantageous to the Village.  The language in these sections seemed to work against each other.  The hardships we would be requesting would be environment and esthetic hardships.   Mr. Frolking added that the twenty-six foot wide roadways were designed for roadways that permitted street parking.  His project intended to restrict parking.  Law Director King agreed with Mr. Frolking.  The subdivision regulations, versus the zoning code, deal with street widths, rights-of-way and utility placement for the broader community welfare.  The reason for the hardship standard was to limit the number of variances because these standards were set up for specific reasons.  The hardship criterion was to allow for serious exceptions.  If the standard would deprive the property owner of his right to develop his property, that could be cause for a variance.  The Frolking project did not need a variance for topographical causes.   They were interested in designing a different type of project based on design esthetics and environmental issues. 

Councilmember O’Keefe asked if an argument could be made to keep the natural environment intact as an environmental benefit that could be reflective of the rural character of the Village.  Law Director King responded that he did not think that would satisfy the hardship standard with a court. 

Vice Mayor Barsky commented that the subdivision regulations were designed for developers to control larger types of developments or for larger communities, not necessarily applicable to Granville.  Law Director King indicated subdivision regulation language only applied to design standards for any type development within a municipality, not just subdivision developments. 

Councilmember Lerner asked if it would be an option to include criteria that worked to maintain the historic continuity in the community and would be better suited to the Village esthetic.  Law Director King indicated that Council was not stuck with the hardship criteria.

Councilmember Johnson indicated that a professional, licensed engineer on behalf of the Village advised Council that a twenty-foot wide street could work.  He asked if the criteria could include assessments and recommendations by appropriate professionals (fire chief, police chief, and engineer).  Councilmember Johnson indicated that he was trying to make the variance approval process as objective as possible. Councilmember Johnson also suggested that the AROD criteria could be added.   Law Director King indicated that he would not recommend requiring a recommendation from the engineer as that could be seen as delegating the decision to the engineer, but Council could make the engineer’s recommendation one of the items that should be considered.   By moving to a standard looking at the broader community concerns, Council would be removing the hardship standard.  He cautioned Council about the law of unintended consequences. 

Councilmember Lerner suggested that the hardship portion should not be removed, but the historic criteria added as an “or.”

Mayor Hartfield suggested that Council needed to find a solution to this issue.

Law Director King suggested making the language disjunctive by making it a substantial hardship or using a community policy development based on, in part, the Comprehensive Plan 

Councilmember McGowan moved to table Ordinance No. 13-2015 to the December 2, 2015 meeting.  Second by Councilmember Johnson.  Motion passed. 

Ordinance No. 14-2015, An Ordinance to Appropriations for Current Expenses and Other Expenditures of the Village of Granville, State of Ohio, During the Fiscal Year Ending December 31, 2016 was moved for approval by Councilmember Johnson.  Second by Councilmember Lerner.

No discussion. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 14-2015: Johnson (yes); Lerner (no); McGowan (yes); Montgomery (yes); O’Keefe (yes); Vice Mayor Barsky (yes) and Mayor Hartfield (yes).  Ordinance No. 14-2015 passed 7-0. 

NEW BUSINESS    

Ordinance No. 15-2015, An Ordinance to Add Chapter 181 of the Codified Ordinance of the Village of Granville Regarding Municipal Income Tax was introduced and a hearing date set for December 2, 2015 by Councilmember Johnson.  Second by Vice Mayor Barsky.

Mayor Hartfield scheduled a public hearing for Ordinance No. 15-2015 for December 2, 2015.

Ordinance No. 16-2015, An Ordinance to Authorize the Village Manager to Enter into a Lease Agreement with Reader’s Garden for the Lease of a Portion of Village Hall, 141 East Broadway was introduced and a hearing date set for December 2, 2015 by Vice Mayor Barsky.  Second by Councilmember Lerner.

Mayor Hartfield scheduled a public hearing for Ordinance No. 16-2015 for December 2, 2015.

Ordinance No. 17-2015, An Ordinance to Amend Ordinance No. 16-2014 Providing for Adjustment of the Annual Budget for the Fiscal Year 2015 and Revising Sums for Operating Expenses was introduced and a hearing date set for December 2, 2015 by Councilmember O’Keefe.  Second by Vice Mayor Barsky.

Discussion:

Mayor Hartfield indicated that this budget amendment included funding for the North Pearl Street pedestrian crossing. 

Vice Mayor Barsky questioned if the lights would be solar powered.  Manager Stilwell indicated that the lights would be solar powered, activated by push buttons and movable.  The intent was to work with the Granville School District, Denison and Granville Township on ways to improve visibility from Cedar Street to New Burg Street.  A variety of factors would be reviewed including trees, a flashing light system, traffic speed, a possible extension of the pathway and a review of the configuration of the current intersection. 

Councilmember O’Keefe asked the status of reducing the speed limit.  The state would request all the information that needed to be considered including traffic counts, speed limits, etc.

Mayor Hartfield scheduled a public hearing for Ordinance No. 17-2015 for December 2, 2015.

Resolution No. 2015-49, A Resolution of Appreciation to Dr. Constance Barsky for Service on Village Council and Service to the People of the Village of Granville was introduced and moved for approval by Councilmember O’Keefe.  Second by Councilmember Lerner. 

Discussion:

Mayor Hartfield read the resolution recognizing the contributions made by Vice Mayor Barsky.  Mayor Hartfield indicated that this meeting was Vice Mayor Barsky’s last.  Her presence on Council would be missed.  Her thorough, detailed review of materials and forward thinking has had an important impact on the community.

Vice Mayor Barsky said that it was a pleasure to serve the community and with this Council.

Mayor Hartfield called for a vote to approve Resolution No. 2015-49.  Motion carried.  Resolution No. 2015-49 was adopted. 

Resolution No. 2015-50, A Resolution to Establish the Annual Compensation Adjustment for Non-Bargaining Employees for Fiscal Year 2016 was introduced and moved for approval by Vice Mayor Barsky.  Second by Councilmember O’Keefe.

Discussion:

Vice Mayor Barsky asked if this resolution was for just the non-bargaining employees.  Mayor Hartfield responded in the affirmative.

Councilmember Johnson confirmed that the 1.5% pay increase would increase the pay grade level for every employee, even those at the top of the range.  Manager Stilwell responded in the affirmative.  The Economic, Finance and Personnel Committee approved the design, COLA increases and merit/bonus amounts.

Councilmember Montgomery commented that the adjustments were a fair amount and similar to amounts provided to staff in the past.  These bonuses/merit increases were good employee incentive compensation.  He expressed his support for the resolution.

Mayor Hartfield called for a vote to approve Resolution No. 2015-50.  Motion carried.  Resolution No. 2015-50 was adopted. 

REVIEW OF MINUTES 

Regular Council Meeting Minutes of November 4, 2015 

Councilmember Johnson made a motion to approve the November 4, 2015 Council meeting minutes as amended.  Second by Councilmember McGowan.   Motion carried. 

MAYOR'S REPORT – October

The Mayor's report for the month of October was presented for review. 

Councilmember Johnson moved to accept the October Mayor’s Report. Second by Councilmember McGowan.  Motion carried.

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 – October

The Manager's Report for the month of October was presented for review. 

Vice Mayor Barsky questioned if staff’s meeting with Metropolitan Partners and Middleton was satisfactory.  Manager Stilwell indicated that the outstanding issues connected to both parties were moving forward.  A couple of their permits, specifically pavement completion, expired.  Staff was working with them to make all necessary adjustments. 

Councilmember O’Keefe asked if staff would remove the leaves along the wall in front of Denison on Burg Street.  Manager Stilwell indicated that the service department would extend the vacuum as far as it reaches to clear the sidewalk. 

Councilmember Montgomery moved to accept the October Manager’s Report.  Second by Councilmember McGowan.  Motion carried. 

Mayor Hartfield instructed the report be filed with the Clerk. A copy of the report will be included as part of these minutes.

COMMITTEE REPORTS   

Granville Community Foundation – (Montgomery)

Councilmember Montgomery reported that the 2016 grant application would soon be on the Foundation’s website at granvillefoundation.org. 

Granville Recreation District – (McGowan)

No report. 

Planning Commission – (Johnson & O’Keefe)

No report. 

Granville Arts Commission – (O’Keefe)

Councilmember O’Keefe reported that Maggie Sobatika resigned from the Commission.  GAC also expressed concern about the closure of the Granville Studio for the Visual Arts.  They passed a motion to encourage the preservation of GSVA.  Manager Stilwell commented that staff and the Bryn Du Commission met with GSVA.  Commission Chair Candi Moore was directed by the Commission to continue the educational art components of GSVA.  The Bryn Du Commission would take the lead in negotiating this transition.

Open Space Committee – (O’Keefe)

No report.

Tree & Landscape Commission – (Lerner)

Councilmember Lerner reported that the Commission was working on seeking compensation from ODOT regarding the removal of the eighteen trees on the north side of Newark-Granville Road that was in ODOT right-of-way for the Cherry Valley interchange project.  Manager Stilwell indicated that after his discussions, ODOT was not interested in remunerating the Village for those trees.  Their position was that all vegetation was to be removed in the right-of-way acquired.  Their own plans specifically marked an X through vegetation that was to be removed and these trees were not marked with an X. It was certainly within ODOT’s rights to remove these trees.  He would share any additional response from ODOT with Council.  Future plantings would be planted at the Village’s own risk.

Union Cemetery – (Barsky)

No report.

OTHER COUNCIL MATTERS

Mayor Hartfield questioned staff if the Porsche club wanted to change the date they originally requested of July 30, 2016 to July 23, 2016.  Manager Stilwell wanted to gauge Council’s interest in continuing to permit the Porsche group to return to the Village.  Vice Mayor Barsky asked how the event was received this past year.  Councilmember Lerner responded that the event had perfect weather and a much better turn out.  Councilmember Montgomery commented that the stepped up traffic control seemed to have improved the event as well as the reduced footprint of the event.  Councilmember McGowan commented that a local charity benefited from their event for the past couple of years.  Manager Stilwell explained that the hiccup with traffic on East Elm Street was due to a miscommunication among Village staff.  Staff would advise the Porsche club that they could return in 2016 using the July 30th date.

Councilmember Montgomery asked if the installation of countdown, pedestrian crosswalk signs at the Lights, Streets/Sidewalks & Utilities Committee on November 6th was discussed.  Councilmember O’Keefe responded that they were not discussed, but thought they were a good idea.  Councilmember Lerner indicated that the meeting was used to primarily discuss the North Pearl Street pedestrian crossing and how it could be incorporated into the Safe Routes to School program.  Councilmember Montgomery asked that the LSSU Committee discuss the issue at their next meeting.  Councilmember O’Keefe said that the information was already available.  Manager Stilwell indicated that the cost of the installation could be included in the first budget amendment for 2016.  Councilmember Montgomery would like to see the signals installed at the Main & Broadway, Prospect & Broadway and Pearl & Broadway intersections..  Manager Stilwell said that the bid was for $34,000 per intersection with four countdown units per intersection.  Councilmember McGowan felt that four units per intersection would not be needed, perhaps just two units.  Manager Stilwell suggested that the four units per intersection would be the best course of action.  Councilmember Lerner asked if the timing of the lights at Prospect & Broadway had changed.  Manager Stilwell indicated that the light timing was changed at the end of 2014 from twenty seconds to thirty seconds.   Councilmember Lerner also mentioned that a resident requested that the pedestrian mid-East Broadway crosswalk be removed.  Manager Stilwell indicated that he had passed that information along to Council for the review, but would not be recommending that change. 

OTHER STAFF MATTERS

Manager Stilwell advised Council that the Tree & Landscape Commission recommended replacing the Village median holiday tree in early 2016.  A local family expressed willingness to fund the cost of planting a new tree up to $1,000.  Councilmember McGowan suggested that Jim Gibson of Timbuk might be able to provide a discount on the cost.

Councilmember O’Keefe asked if the Village fertilized the holiday tree.  Manager Stilwell indicated that he would check and report back to Council. 

EXECUTIVE SESSION

Vice Mayor Barsky moved to enter into Executive Session, pursuant to ORC §121.22(G)(3) “to confer with the Law Director concerning a dispute involving the public body that is the subject of imminent court action.” Second by Councilmember Johnson. 

Mayor Hartfield called for a roll call vote: Lerner – yes; Montgomery – yes; O’Keefe – yes; Johnson – yes; Barsky – yes; Hartfield – yes. Motion carried 7-0. Time in: 10:38pm. 

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

Mayor Hartfield called for a roll call vote: : Montgomery – yes; O’Keefe – yes; Johnson – yes; Lerner – yes; Barsky – yes; Hartfield – yes. Motion carried 7-0. Time in: 11:31pm. 

Council returned to regular session.

Councilmember Montgomery asked Council who would be interested in placing a resolution with a response to Judge Marcelain’s Judgment Entry on the next Council agenda. 

Vice Mayor Barsky commented that if the record indicated that Village Council did not have enough information to make a decision on the commercial use aspect of the appeal, she would recommend holding a hearing to give both entities an opportunity to give their input.  Councilmember Lerner, Councilmember O’Keefe and Mayor Hartfield agreed. 

Mayor Hartfield and Council directed staff to schedule a hearing to address only the commercial use issue raised by Judge Marcelain during the January 6th Council meeting beginning at 7:30pm.  Each side will have a limited time to make arguments.  Law Director King encouraged both sides to submit their documents to all parties a week ahead of time.  The same hearing rules would apply as the previous hearing.  A court recorder would be requested. 

Ms. Miller asked if Council was concerned about the date of the hearing due to the holidays.  Mayor Hartfield responded that both parties have more than a month and a half to prepare. 

ADJOURNMENT (11:45pm)

Councilmember Johnson made a motion to adjourn.  Second by Vice Mayor Barsky.  Motion carried.                                                                                                  

Council Minutes November 4, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

NOVEMBER 4, 2015

 

CALL TO ORDER (by Mayor Hartfield at 7:30pm) 

PLEDGE OF ALLEGIANCE

ROLL CALL 

Those responding to the roll call were Councilmembers Johnson, Lerner, Montgomery, O’Keefe, Vice Mayor Barsky, Mayor Hartfield, Manager Stilwell and Law Director King. 

Vice Mayor Barsky made a motion to excuse Councilmember McGowan from the meeting.  Second by Councilmember Johnson.  Motion passed.

APPROVAL OF AGENDA 

Vice Mayor Barsky moved to approve the agenda.  Second by Councilmember O’Keefe.  Motion passed.

CITIZENS COMMENTS (7:31pm) 

Tim Collins, 535 Welsh Hills Road, had questions about Ordinance No. 12-2015.  He questioned why residents were not sent letters advising residents of this change as well as notices in the newspaper.  Law Director King responded that letters were not sent out to residents when Council made legislative changes to the Village code.  This code change was not specific to the appeal he and his neighbors filed regarding the proposed Denison solar array.  As no one else appeared to speak, Mayor Hartfield closed Citizen Comments at 7:40pm.  Clerk Prasher indicated that both the Planning Commission and Council meetings were noticed in the Granville Sentinel as well as the Village website.  She would provide Mr. Collins with copies of those notices. 

Mr. Collins indicated that the residents of Welsh Hills Drive were concerned how these changes would impact the proposed solar array.  Law Director King advised that a request to better clarify the use of solar energy in the Institutional District.  This legislation was meant to clarify that language and was not related to Denison’s specific project. 

Mayor Hartfield advised that Council intended to extend the public hearing for this piece of legislation. 

As no one else appeared to speak, Mayor Hartfield closed Citizen Comments at 7:40pm.

PUBLIC HEARING

Ordinance No. 12-2015, An Ordinance to Amend Sections 1135.01 and 1169.02 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Zoning Definitions and Permitted and Conditional Uses in the Institutional District 

Mayor Hartfield advised that the hearing would be extended in order to provide an opportunity for residents to review the legislation and any proposed changes. 

Law Director King explained to Council that, per their request from the previous Council meeting, changes were made to Section 1169.02 to differentiate between small and large projects.  Small projects, consisting of nine or fewer panels and under 500 square feet would be a Permitted Use.  Projects of ten or more panels and 500 square feet or larger would be a Conditional Use.  Additionally, definitions regarding buildings and separate accessory structures were better defined. 

Councilmember O’Keefe asked if solar panels placed on utility poles were addressed in this legislation.  Law Director King stated that it could be included as staff was still sorting out some issues. 

Laura Collins, 535 Welsh Hills Road, asked if a limitation on reflective surfaces was included in this legislation.  Law Director King advised that reflective surfaces was not addressed 

Mayor Hartfield left the Public Hearing open to be continued at the next Village Council meeting on November 18, 2015.

Ordinance No. 13-2015, An Ordinance to Amend Section 1121.01 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Required Street Widths and Right-of-Way Widths 

As no one else appeared to speak, Mayor Hartfield closed the Public Hearing for Ordinance No. 13-2015 at 7:49pm. 

OLD BUSINESS

Ordinance No. 13-2015, An Ordinance to Amend Section 1121.01 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Required Street Widths and Right-of-Way Widths was introduced and moved for approval by Councilmember Johnson.  Second by Vice Mayor Barsky. 

Discussion:

Councilmember Lerner asked the minimum street width as set by Licking County and that this proposed legislation would allow a street to be reduced to a little more than twenty feet.  Law Director King advised the minimum street widths were twenty-six feet.  This legislation would indeed allow for a twenty percent reduction in street widths.  Councilmember Lerner asked how many other items have standards set by Licking County such as sidewalks.  She would like to include the ability to seek a variance for sidewalk widths. 

Manager Stilwell indicated that this legislation was not designed for any specific property.  It was to provide legislative authority to grant a variance for roadway widths up to twenty percent. 

Councilmember Montgomery asked if this legislation would apply to all standards that were governed by Licking County.  Law Director King replied in the affirmative.  He indicated his support for allowing Council to have an option to grant a variance, but anticipated that Village and Licking County basic standards would prevail generally.

Vice Mayor Barsky suggested that a variance of up to twenty percent could only apply to a development with a limited number of units.  She questioned if the variance as it was currently written provided enough guidance regarding number of units.  Law Director King advised that he did not realize that the language regarding number of units was removed.  Vice Mayor Barsky indicated that the Planning Commission and BZBA asked Council to provide specific directions and guidance on giving variances.  She would like to provide specific criteria for these commissions to use in evaluating applications.  Vice Mayor Barsky questioned if the ordinance could be just limited to variances for street and right-of-way widths. 

Law Director King explained that any request to change roadway widths would require a request for a variance from the subdivision regulations.  An application would be presented to Planning Commission for their approval first.  The Commission would make its decision based on criteria requiring the applicant to show that there were topographical or other conditions that created a substantial hardship or injustice to the property owner that would prevent this property from being utilized.  If the Planning Commission approved the application, it would then come before Village Council.  Village Council would then review the same criteria.  The topographical or other conditions, per case law, must relate to some issue involving the land, not financial or preference issues.  Law Director King said that he had found language in the Montgomery County code that could provide greater specificity.  “In any particular case where, because of topographic or other conditions, strict compliance with the foregoing provision would cause practical difficulties or exceptional and undue hardship on the sub divider, the Commission may authorize a variance from the strict application of the provisions so as to relive such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of these regulations or the desirable general development in accordance with the plans of the Village and the surrounding area.”  This definition modified to meet Granville’s need could be included and would provide further explanation of the intent of the code. 

Councilmember O’Keefe questioned if this legislation would encourage more single cul-du-sac developments.  If so, then the legislation would be going against the Comprehensive Plan and its encouragement of community connectivity.

Councilmember Johnson was in support of providing the Village with the authority to provide a variance.  He was concerned that sufficient criteria were in place to provide direction when reviewing such an application.  He wanted the process to be transparent with easily understood standards.  He questioned if topographic conditions and undue hardships were substantive enough hurdles to provide direction in giving a variance.  He wanted improved clarity and objective language to be part of this legislation for the Planning Commission, BZBA and Council to use when making a decision.  Councilmember Johnson asked if specific criteria could be added that required approval from the Fire Chief, Village Engineer or Police Chief.  Manager Stilwell responded in the affirmative.  Law Director King advised that the Montgomery County language could be that better option to maintain flexibility and add additional specificity to the language. 

Mayor Hartfield suggested that the legislation be amended to specify a number of units necessary to be able to reduce roadway widths.  She indicated that she was comfortable with the reduction of roadway and right-of-way widths, but not with deviation from other aspects of the code. Mayor Hartfield indicated that the intent was to be flexible to allow community members to build something nice and would be appropriate to the building. 

Manager Stilwell responded that staff could update the ordinance to bring back more specific and concise language.  Law Director King added that the language could be improved to be more concise. 

Vice Mayor Barsky moved to table Ordinance No. 13, 2015 until the November 18, 2015 Council meeting.  Second by Councilmember Lerner.  Motion passed. 

NEW BUSINESS    

Ordinance No. 14-2015, An Ordinance to Appropriations for Current Expenses and Other Expenditures of the Village of Granville, State of Ohio, During the Fiscal Year Ending December 31, 2016 was introduced and a hearing date set for November 4, 2015 by Councilmember Montgomery.  Second by Vice Mayor Barsky.

Mayor Hartfield scheduled a public hearing for Ordinance No. 14-2015 for November 18, 2015.

Discussion:

Councilmember O’Keefe requested that Council resume funding the Pathway Fund in 2016 with a transfer of $50,000.  Councilmember Montgomery was in support of building up that fund again.  Manager Stilwell indicated the funding of that account could happen, but the expenditures would exceed revenues.  The budget could certainly sustain that funding for one year.

Councilmember Lerner requested more funding for trees.

Vice Mayor Barsky asked if any funding was included for making improvements to the SR 661 crosswalk across from Denison’s back entrance.  Councilmember Montgomery also wanted to fund crosswalk countdown signals for the three lights on East Broadway.  Pedestrians had a difficult time judging how much time they had to cross the street.  Manager Stilwell indicated that he was going to make a presentation to the Lights, Streets/Sidewalks & Utilities Committee that would be meeting in two days.  He had received a quote for crosswalk lights of $18,000 for solar powered portable lights.  That project could be completed in 2015 with current funds.  Village staff wanted to look at the whole Cedar Street to New Burg Street area in a holistic fashion to find the meaningful solutions to the vehicular/pedestrian traffic in that area.  The Safe Routes to School program could be a source of funding for any proposed projects. 

Manager Stilwell advised Council that per their request at the previous meeting $250,000 would be transferred into the Capital Reserve Fund and an additional $50,000 would be transferred to the Pathway reserved fund. 

Vice Mayor Barsky suggested that $200,000 be transferred to the Capital Reserve Fund and $50,000 to the Pathway Fund.  Councilmember Johnson suggested that the funds be transferred during the fourth fiscal quarter so Council and staff could review income revenues.

REVIEW OF MINUTES 

Regular Council Meeting Minutes of October 21, 2015 

Vice Mayor Barsky made a motion to approve the October 21, 2015 Council meeting minutes as amended.  Second by Councilmember Johnson.   Motion carried. 

COMMITTEE REPORTS   

Granville Community Foundation – (Montgomery)

No report. 

Granville Recreation District – (McGowan)

No report. 

Planning Commission – (Johnson & O’Keefe)

Councilmember Johnson reported that there were three applications that were approved including an application for lighting for the Granville Historical Society, a shed on North Granger Street and an air conditioning unit on South Cherry Street. 

Granville Arts Commission – (O’Keefe)

No report.

Open Space Committee – (O’Keefe)

No report.

Tree & Landscape Commission – (Lerner)

Councilmember Lerner reported that the Tree & Landscape Commission was vexed by the removal of the trees by ODOT on Newark-Granville Road near the construction area for the Cherry Valley interchange.  Those eighteen trees were just planted in 2012.  Manager Stilwell indicated that he was aware of the problem and was in communication with ODOT. 

Union Cemetery – (Barsky)

No report. 

OTHER COUNCIL MATTERS

Income Tax Commissioner Williams made a presentation regarding HB 5 legislation that was requiring all municipalities to amend their tax codes.  A copy of that presentation will be included with the minutes.  Commissioner Williams summarized that the tax base was diminishing in part due to financially established residents leaving the community and younger, financially growing families transitioning into the community. 

OTHER STAFF MATTERS 

There were no Other Staff Matters. 

EXECUTIVE SESSION

Councilmember Johnson moved to enter into Executive Session, pursuant to ORC §121.22(G) (1) – “to consider employment of a public employee” and ORD § 121.22(G)(3) “to confer with the Law Director concerning a dispute involving the public body that is the subject of imminent court action.” Second by Vice Mayor Barsky. 

Mayor Hartfield called for a roll call vote: Lerner – yes; Montgomery – yes; O’Keefe – yes; Johnson – yes; Barsky – yes; Hartfield – yes. Motion carried 6-0. Time in: 10:04pm. 

Councilmember Johnson moved to return to regular session.  Second by Vice Mayor Barsky. 

Mayor Hartfield called for a roll call vote: O’Keefe – yes; Johnson – yes; Lerner – yes; Montgomery – yes; Barsky – yes; Hartfield – yes.  Motion carried 6-0. Time in: 10:55pm. 

Council returned to regular session.

Councilmember Lerner requested, with Council’s concurrence, for staff to draft legislation that would remove the ability of Council to hear Appeal Hearings.

ADJOURNMENT (10:55pm)

Councilmember Johnson made a motion to adjourn.  Second by Councilmember Montgomery.  Motion carried.  

                                                                    

Council Minutes October 21, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

OCTOBER 21, 2015

 

CALL TO ORDER (by Mayor Hartfield at 7:32pm)

PLEDGE OF ALLEGIANCE

ROLL CALL

Those responding to the roll call were Councilmembers Johnson, McGowan, Montgomery, O’Keefe, Vice Mayor Barsky, Mayor Hartfield and Manager Stilwell. 

Vice Mayor Barsky made a motion to excuse Councilmember Lerner and Law Director King from the meeting.  Second by Councilmember McGowan.  Motion passed. 

APPROVAL OF AGENDA

Councilmember McGowan moved to approve the agenda.  Second by Vice Mayor Barsky.  Motion passed. 

CITIZENS COMMENTS (7:35pm)

As no one appeared to speak, Mayor Hartfield closed Citizen Comments at 7:35pm.

PRESENTATION

Finance Director Kraner made a presentation to Council regarding the 2016 budget.  A copy of that presentation will be attached to the final draft of these minutes. 

Councilmember Montgomery wanted to add pedestrian walk/don’t walk signals to the Main and Broadway, Broadway and Prospect and Broadway and Pearl Street intersections.  He requested staff provide the cost to install these signals. 

Councilmember O’Keefe requested that monies ($40,000) be transferred into the Pathway Fund again to rebuild those reserves.  Councilmember McGowan suggested that Council should first identify a pathway need. 

Councilmember McGowan suggested moving $100,000 into savings to be held back for projects once it is determined that revenues were strong. 

Councilmember Johnson supported the idea of the Village moving forward with additional safety measures.  He, too, would prefer to choose to pursue expenditures throughout the year rather than allotting funds for projects at the beginning of the year.  Excess funds could be transferred to the Capital Reserve Fund during the fourth quarter.  Councilmember Montgomery also supported a gradual distribution of funds for expenditures.

OLD BUSINESS

There was no Old Business.

NEW BUSINESS    

Ordinance No. 12-2015, An Ordinance to Amend Sections 1135.01 and 1169.02 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Zoning Definitions and Permitted and Conditional Uses in the Institutional District was introduced and a hearing date set for November 4, 2015 by Councilmember Johnson.  Second by Vice Mayor Barsky.

Mayor Hartfield scheduled a public hearing for Ordinance No. 12-2015 for November 4, 2015.

Discussion:

Councilmember Johnson asked if staff had considered dealing with solar energy issues throughout the whole code.  Manager Stilwell indicated that as Denison requested a specific change in the Institutional District regarding defining solar uses, staff made changes to just that portion of the code.  Staff could look at making further code changes in the future.

Vice Mayor Barsky asked if there were any changes from the current code to the amended code regarding a resident’s ability to object to installations of solar.  Manager Stilwell indicated that all the changes made were to more clearly clarify and specify how Village staff currently read the code; listing solar installations specifically.  There were no changes to the community’s ability to participate in the process.  Staff already considered solar installations as an ancillary use.

Councilmember O’Keefe advised that the Planning Commission recommended these amendments to the code.

Councilmember Montgomery indicated that he would be interested in permitting small scale solar installations as a Permitted Use.  Mayor Hartfield and Vice Mayor Barsky indicated a preference for all solar uses to remain a Conditional Use. 

Councilmember Johnson suggested that Council consider allowing the Institutional District the same rights as residential districts, which allow for small solar uses (i.e. a single solar roof panel) as a Permitted Use.  Manager Stilwell advised that staff would review the code and make suggested recommendations during Council’s next meeting.

Ordinance No. 13-2015, An Ordinance to Amend Section 1121.01 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Required Street Widths and Right-of-Way Widths was introduced and a hearing date set for November 4, 2015 by Vice Mayor Barsky.  Second by Councilmember O’Keefe.

Mayor Hartfield scheduled a public hearing for Ordinance No. 13-2015 for November 4, 2015.

Discussion:

Councilmember O’Keefe advised that the Planning Commission recommended Ordinance No. 13-2015, over proposed Ordinance No. 14-2015.

Manager Stilwell explained that these two proposed ordinances were not about the Frolkings, but how to deal with issues that were impacting the proposed development by the Frolkings.  Manager Stilwell explained that Council had a couple of possible options:

  1. To turn down both proposed ordinances and maintain the existing code;
  2. To change the current code allowing for the reduction in street and right-of-way widths.

Council had two ordinances before them with different options to amend the code. Ordinance No. 13-2015 would grant Council the ability to grant a variance following a recommendation by the Granville Planning Commission and limited the reduction to no more than a twenty percent (20%) reduction from Licking County’s recommendation.  Ordinance No. 14-2015 would change the Village Subdivision Regulations for improvements to small volume subdivisions.  These options were provided to Council to be reflective of the potential value to reduce public investment in subdivision development.

Mayor Hartfield indicated that Ordinance No. 14-2015 was her least favorite option.  Manager Stilwell indicated that staff and the Planning Commission were more supportive of giving Council the ability to make decisions on a case by case basis. She questioned how many requests would be submitted.

Councilmember McGowan indicated that he would not be supportive of any changes that were not recommended by the fire chief.  Manager Stilwell indicated that the fire chief was in support of Ordinance No. 13-2015. 

Councilmember Johnson indicated that the fire chief was in support of Ordinance No. 13-2015.  He was also in favor of allowing Council to make decisions on a case by case basis.  Councilmember Johnson asked what the criteria Council would use to make any decision.  Manager Stilwell said that he was uncertain as to an answer.  The Village has worked to move this legislation forward in a timely fashion.  He indicated that staff could develop a set of criteria.  Councilmember Johnson suggested the language specify what the limitations were.  He wanted the code and process to provide for a clear and transparent process. 

Councilmember O’Keefe asked if the criteria would include things like the number of houses.  Manager Stilwell responded in the affirmative.

Councilmember Montgomery indicated that the third Whereas clause of the Ordinance provided some direction for Council.  Manager Stilwell indicated that staff would provide some additional compliance measures. 

Vice Mayor Barsky suggested the addition of development size as part of the criteria and maybe limiting it to a specific number of houses. 

Council questioned if there was a need to introduce Ordinance No. 14-2015.  Manager Stilwell responded that if Council was in support of Ordinance No. 13-2105, Ordinance No. 14-2015 need not be introduced.

Mayor Hartfield interrupted proceedings to recognize the retirement of Chuck Peterson as editor of The Granville Sentinel.  She thanked Chuck for coming to all of the many Council meetings and for providing fair and accurate news stories.  Mr. Peterson thanked Council for their kind words.  He had fun doing his job over the years.

REVIEW OF MINUTES

Regular Council Meeting Minutes of October 7, 2015

Vice Mayor Barsky made a motion to approve the October 7, 2015 Council meeting minutes as amended.  Second by Councilmember O’Keefe.   Motion carried. 

MAYOR'S REPORT – September

The Mayor's report for the month of September was presented for review. 

Councilmember McGowan  moved to accept the September Mayor’s Report. Second by Vice Mayor Barsky.  Motion carried. 

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 – September

The Manager's Report for the month of September was presented for review. 

Councilmember Johnson asked if a new police officer has been hired yet and if staff were looking at existing staff to fill the position.  Chief Caskey indicated that he was looking at both internal and external candidates.  The Village was still in the interview and testing portion of the hiring process.  Councilmember Johnson also expressed appreciation for the great job the service department staff did in removing stumps along Newark-Granville Road and restoring the ground.  Councilmember Johnson also indicated his support for extending the Newark-Granville Road Pathway to the Village corporation limits.

Vice Mayor Barsky asked about the location of a new house being built in the Village.  Manager Stilwell indicated that the home was being built in the Tall Pines subdivision.

Councilmember Montgomery asked about the high number of responses to Granville High School in the last month.  He wondered if there was a specific problem.  Chief Caskey indicated that he would check and report back to Council.

Councilmember McGowan moved to accept the September Manager’s Report.  Second by Vice Mayor Barsky.  Motion carried. 

Mayor Hartfield instructed the report be filed with the Clerk. A copy of the report will be included as part of these minutes.

COMMITTEE REPORTS   

Granville Community Foundation – (Montgomery)

Councilmember Montgomery reported that the Foundation had developed a newsletter to promote name and logo recognition. 

Granville Recreation District – (McGowan)

Councilmember McGowan reported that the winter GRD programs were taking registrations.

Planning Commission – (Johnson & O’Keefe)

Councilmember O’Keefe reported that a sidewalk sign, privacy fence, air conditioner and a chimney cap were approved.  The GPC reviewed and made recommendations about the two code amendments.  The GPC also discussed the name of the new interchange roadway connector.  Thornwood Crossing was the name selected and the name recommended by the City of Newark. 

Granville Arts Commission – (O’Keefe)

Councilmember O’Keefe reported that a $1,000 grant was approved for the Ameche Ensemble.  This group would be performing at the invitation of St. Luke’s Episcopal Church and the First Presbyterian Church.  Vice Mayor Barsky questioned if the funds were going to the group or the Churches.  Councilmember O’Keefe confirmed that the group was receiving the funding.  A grant of $150 was also given to Granville Historical Society for holiday decorations.  The GAC had spent $8,225 to date.

Open Space Committee – (O’Keefe)

No report.

Tree & Landscape Commission – (Lerner)

No report.

Union Cemetery – (Barsky)

Vice Mayor Barsky reported that the Union Cemetery Board met to plan for the Fannins visit for this summer.  An anonymous grant was received that would cover most of the costs of the Fannins.  Keith Boone was trained on how to pin and repair stones, which would provide local sources for continued stone repair and maintenance.  It is anticipated that Granville Township will also contribute $5,000 after the swearing in of the new Trustees in January, 2016.

OTHER COUNCIL MATTERS

Councilmember Montgomery wondered if there was any safety precautions that could be taken regarding the two hundred block of North Prospect Street.  That section of North Prospect Street was one-way north; however, the other day he was advised someone going the wrong way heading south and drove through the East College Street intersection without stopping.  He understood that placing a stop sign at that intersection could confuse people more by making it seem the road was not one-way.  He asked staff to suggest possible solutions to this potential problem.

Councilmember Montgomery asked if the speed bumps on East Elm Street and South Pearl Street had been removed.  Manager Stilwell responded in the affirmative.  The speed bumps would be removed during the winter months. 

OTHER STAFF MATTERS 

Manager Stilwell reminded Council that they were invited to the Volunteer Reception on Thursday, October 22nd beginning at 6:30pm at the Bryn Du Mansion.

ADJOURNMENT (9:20pm)

Councilmember McGowan made a motion to adjourn.  Second by Councilmember Johnson.  Motion carried.                                                                                              

 

Council Minutes October 7, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

October 7, 2015

 

CALL TO ORDER (by Mayor Hartfield at 7:30pm) 

PLEDGE OF ALLEGIANCE

ROLL CALL 

Those responding to the roll call were Councilmembers Johnson, Lerner, McGowan, Montgomery, O’Keefe, Vice Mayor Barsky, Mayor Hartfield, Manager Stilwell and Law Director King.

APPROVAL OF AGENDA 

Councilmember McGowan moved to approve the agenda.  Second by Vice Mayor Barsky.  Motion passed. 

CITIZENS COMMENTS (7:31pm) 

Dan Rogers, 210 East Maple Street, wanted to address Council regarding comments that were made during the last Council meeting by one of his neighbors.  He stated that his business, Taco Dan’s, was not in violation of eating and drinking on his porch.  He was trying to follow the letter of the law regarding Licking County Health Department codes and the Village code.  He was the only business in town that had his trash picked-up daily.  He had signage posted in his business advising people to not take food or drink outside of his establishment.  If customers did, he was dutiful in advising them to return inside.  He did admit that he struggles with keeping the noise down, but attempts are made to control the level of noise.  His business has many customers and he is very successful.  His business was on a commercially zoned block and should be treated as such.  He attempted to be respectful of his neighbors.  Mr. Rogers felt that his business was watched differently than other businesses being singled out and targeted by the Village.  He made every attempt to follow all laws and rules.  His sole goal was to be a successful business owner.  He did not like to be pushed as he had a limit nor signaled out. 

Barbara Franks, 121 ½ South Prospect Street, advised Council that her neighbor called the police department repeatedly about her property.  Her neighbor called the police department four times in one evening.  Following that evening, Ms. Franks approached her neighbor across the street, Mrs. Westbrook, to apologize for the noise.  Ms. Franks said her neighbor commented that she heard people having fun early on, but did not notice it later in the evening.  Ms. Franks explained that she had one crazy neighbor that caused all of these problems.  He continuously called the police on her and her business.   Ms. Franks added that she recently received a letter from the Village attorney threatening to close down her business again.  This letter was just another exhibit of how the Village harassed and threatened her with the court.   She indicated that her court case was finally going to a jury trial.  Council should be aware of how the Law Director was spending Village monies. This treatment was harassment of her, her property and her business.  She paid her property taxes.  Ms. Franks became very upset and asked the Village to leave her alone.  Leave me alone. 

Councilmember Montgomery asked police Chief Caskey if the police were fed up with receiving multiple calls.  Chief Caskey responded that that the police were not upset with receiving phone calls from concerned citizens.  The police responded on several occasions on our own because the noise level was so high as to be heard at Village Hall. 

Law Director King indicated that he sent a letter to Mr. Rogers and Ms. Franks outlining all of the complaints made, which were taken verbatim from the officer narratives, the police reports and witness statements.  The letter was sent to remind Rogers/Franks of the injunction that was in place and explained that these complaints were in violation of the permanent injunction and the noise ordinance.  If complaints continued to be a problem, the letter outlined the various options the Village had to remedy the violations.  Mr. Rogers was advised that the Village would work with him.  Law Director King commented that he appreciated Mr. Rogers’ acknowledging that noise was an issue and to the extent that he was sincere in willing to address the noise issue, my door was always open. 

Councilmember McGowan asked if there was a policy in Licking County on how close you can smoke to a building entrance.  Mayor Hartfield responded that it may be twenty to twenty-five feet from an entrance. 

Councilmember O’Keefe asked how noise complaints from businesses on Broadway were addressed.  Law Director King explained that there was a recent complaint about loud music coming from Moe’s Bar-b-que.  Officers responded to the complaints and requested that Moe’s close their second floor windows, which they did, and the matter was resolved. Complaints were handled the same as any other complaint. 

Lisa Marie Bazley, 5 Pembroke Lane, asked who was responsible for policing smoking violations in the Village.  Law Director advised he would check as to who enforces smoking violations.  Ms. Bazley indicated that she had read the injunction and disagreed with Law Director King’s interpretation.  She believed that the injunction prohibited Mr. Rogers from serving alcohol and drink on the porch.  People could congregate and smoke on the porch or have drinks on the porch.  She could not see how Mr. Rogers was, in any way, in violation of the injunction.  Law Director King advised that two citations were issued for individuals having open container on the sidewalk.  The issue is not whether alcohol or food could be served on the porch, which it could not, the porch could not be used as a smoking lounge or a place to congregate due to the noise ordinance in a residential neighborhood. 

Councilmember McGowan asked if customers of any of the downtown businesses took alcohol out onto the sidewalk, would the business owners be responsible for those individuals.  Law Director King indicated that such an incident could violate Ohio Liquor laws and the business owner could be held responsible.  Chief Caskey indicated that some local business owners stationed an employee at the door to remind patrons not to leave with an alcoholic beverage. 

Dan Bellman, 310 Summit Street, wanted to address pedestrian safety with Village Council.  He indicated that he had four specific concerns that he hoped Council could address. 

1.  Speed control on North Pearl Street and Summit Street – Mr. Bellman indicated that cars routinely exceed the speed limit on both of these streets especially in the three hundred block of North Pearl Street.  Summit Street was used as a cut through street from North Granger Street to North Pearl Street.

2.    Visibility and notice for the crosswalk located at North Pearl Street and Washington Drive – People traveling through the area may not recognize that crosswalk location as such a pedestrian crossing.  From a visibility aspect, flashing lights at the crosswalk may be a solution. 

3.   Pedestrians in a crosswalk – Most drivers do not seem to know that they have to yield to pedestrians in a crosswalk.  Students using the crosswalk at North Pearl Street and Summit Street struggled to cross the street due to heavy traffic.  Mr. Bellman indicated that he did not have a solution for this problem.

4.    Mr. Bellman also asked Council to observe the crosswalk at North Pearl Street and Washing Drive on a Friday night after a football game with students trying to cross the unlighted street.  The existing crosswalk flashers were dark. 

Wendy Hollinger, 444 North Pearl Street, wanted to commend Service Director Hopkins for working with her this past summer to replace the sidewalk in front of her house.  Her sidewalk was to be replaced, but inadvertently was left out of the list for the contractor.  Mr. Hopkins spoke to the contractor and made sure her sidewalk was taken care of as promised.  Additionally, she thanked Village Manager Stilwell and Mr. Hopkins for resolving the issue with the loud, vibrating manhole cover in front of her house.  Following the SR 661 repaving project this summer, the manhole cover vibrated so badly when large semi-trucks drove past that her house shook.  She requested that the Village find a solution and they did.  Thank you so much in resolving these issues. 

Bob Johnson, 218 East Elm Street, indicated that he was part of the group that approached Village Council regarding speed issues on East Elm Street and South Pearl Street.  He wanted to thank Council for the installation of temporary speed bumps.  Traffic has been slowed.  Additionally, the neighborhood also requested that a property maintenance code be put in place.  He was in support of the property maintenance code before Council as it set a high bar for health, safety and welfare issues, which was the group’s original intent.  He was also in favor of licensing landlords in order to better hold them accountable for the upkeep and maintenance on their properties. 

As no one else appeared to speak, Mayor Hartfield closed Citizen Comments at 7:55pm.

PUBLIC HEARING 

Ordinance No. 10-2015, An Ordinance to Establish Chapter 523 Property Maintenance Code of the Codified Ordinances of the Village of Granville, Ohio

William Corban, 44 Waterford Court, commented that the property maintenance code was overkill. The definitions were vague and the rules seemed ambiguous.  Mr. Corban asserted that current state, county and local regulations were sufficient enough to deal with most issues that arise in the Village.  There were very few instances of real blight in the Village. Village problems were not warranting this level of legislation.  This specific legislation did not accurately or precisely address any problems that may exist in the Village.

Steve Mershon, 128 South Main Street, advised Council that a recent state court decision by Judge Lott on September 30, 2015 regarding legislation established by Portsmouth declared it unconstitutional to enter anyone’s premises without a warrant.  The removal of the warrant language from the Village’s legislation may be a fatal omission.  Mr. Mershon indicated that he understood why the language was removed, but Council may want to re-establish that language.

Wendy Hollinger, 444 North Pearl Street, listed many concerns with specific language in the property maintenance ordinance.  She understood the need to ensure that the Village needed to look out for public safety and welfare, but the language in this ordinance was too vague.  It left way too much subjective authority for deciding who and what items were out of compliance to Village staff.  Staff today might be fair and reasonable, but the language would not necessarily protect residents of fair and reasonable treatment by future staff.  Specific items that Ms. Hollinger highlighted were:

  • Questioned the importance of delinquency in property taxes’ relevance in declaring a house as being blighted.  Law Director King advised the definition came from the Ohio Revised Code and was supported by court case history.
  • Using age as one condition of two required to determine that a house was blighted seemed unfair to most downtown Village homes, where most were old.  Law Director King stated that these conditions were set by the Ohio General Assembly.  Council had the ability to delete any of these criteria as they see fit.
  • Remodeling or repairing your home “in a reasonable amount of time” after a disaster seemed too vague. 
  • Questioned what truly constituted a junk vehicle.  A vintage car in a driveway without current tags, should that be a junk vehicle?  Did making repairs to your vehicle make it a junked vehicle?
  • The phrase “offensive to the senses” was very vague and certainly variable from individual to individual.
  • Ms. Hollinger felt that the ability of the maintenance officer to show up at your home with no advance notice of inspection seems invasive.  Persons should be contacted and given a time of the inspection.  Additionally, who would be the person to decide that something was of imminent danger and needed addressed immediately?  Also, one person’s idea of a reasonable amount of time and someone else’s may be vastly different.  All of these requirements were much too vague. Law Director King commented that in practice the resident would receive a letter of violation and given time to make repairs.  Even in emergency situations, the resident would be contacted.  Staff would work with residents and set specific times in consulation with the resident.
  • Exactly what type of penalty would there be for non-compliance of these regulations.  Enforcement penalties should be spelled out.  Law Director King indicated the potential remedies were residents cited into Mayor’s Court or injunctive relief could be sought by the Village.

Ms. Hollinger felt that as a lay person, this document was problematic and did not provide enough specific language explaining the various penalties, processes or requirements. 

Bob Ramsey, 399 North Pearl Street, thanked Council for their work on this issue.  He felt that the property maintenance issue was a question looking for a problem.  There were few concerns in the Village.  He was not sure that residents would maintain their property based on a fear of enforcement.  He thought any issues that existed could be addressed easily based on the current laws.  He commented that he was in support and would rather have something than no guidance. 

Gill Miller, 411 Welsh Hills Road, was in support of the legislation.  As a person who fought to save the Spencer Wright House on Newark-Granville Road, having this legislation might help to save historic homes in the future.  She appreciated Council’s efforts on this important legislation. 

Ordinance No. 11-2015, An Ordinance Authorizing the Village Manager to Grant a General Permit to 133 South Prospect Street, LLC to License the Use of the Village Right-of-Way at 133 South Prospect Street

As no one else appeared to speak, Mayor Hartfield closed the Public Hearing at 8:22pm.

OLD BUSINESS

Ordinance No. 10-2015, An Ordinance to Establish Chapter 523 Property Maintenance Code of the Codified Ordinances of the Village of Granville, Ohio was moved for approval by Councilmember O’Keefe.  Second by Vice Mayor Barsky.

Discussion:

Councilmember Lerner indicated that she had concerns with some specific language in the legislation.  Unlicensed or expired licensed cars in driveways seem to be a harsh consideration as she was told by an officer to move her mistagged vehicles onto her property to prevent her from being cited. Councilmember Lerner stated that it was important to have this type of legislation to help prevent issues that occurred like those with the Spencer Wright House, but this specific legislation may not be what we want.  She recommended starting over with something more narrowly focused that could save historic homes and prevent them from being allowed to go into disrepair.

Councilmember McGowan expressed concerns about passing a specific property maintenance code.  He was in support of developing a neighbor helping neighbor program.  Generally, issues involving homes that needed maintenance were due to issues of finance, illness or elderly owners.  He was very unhappy with the residents who initially came in with pictures of things they did not like about their neighbors’ home and especially with comments that people who cannot keep up their home should move out of town.  That was not the type of community he thought of as Granville.  He was also not ready to vote on this specific ordinance as he was unhappy with much of the language.  He felt the Village might run some risk with litigation with the current language.

Councilmember Montgomery indicated that he was also not supportive of this legislation.  He was concerned that the document gave Village staff authority that required restraint and vague direction, which future staffs might not understand.  Many of the homes that residents expressed concerns about earlier this year were now being renovated.  Most small towns did not have property maintenance codes.  He felt this current legislation put residents in a tenuous position.  He had faith that residents generally wanted to keep their properties attractive.  He questioned what issues current state laws addressed.  The property owners of the Spencer Wright House on Newark-Granville Road wanted to demolish that house and indicated that they were not interested in maintaining it, but the Village stopped that demolition.  He wondered how a property maintenance code would have helped that situation.  Law Director King advised that state law regulated only nuisance and public safety issues.  Vice Mayor Barsky asked if state law could have helped with the Spencer Wright House earlier.  Law Director King responded that state law would be used after the condition of the house was at a very severe level of disrepair.  Regarding demolition requests, Law Director King commented that a Village cannot make someone maintain a home due to private property rights.  These types of situations were attempts by the state to legislate private property issues.  Councilmember Montgomery stated he did not think that it was good policy to pass legislation or cause concern for residents to address an issue that would only address a few homes.

Councilmember Johnson expressed similar concerns.  He stated that even with such a code in place, there was no clear path that would force a property owner to make repairs or rectify problems.  He felt the process of taking public comment about this legislation was good.  Village Council received good, insightful comments from the citizenry.  However, this legislation did not get the Village to where we need to be.  He was in support of the neighbor helping neighbor program proposed by Councilmember McGowan.  He was supportive as a private individual and would like to see the Village put energy into facilitating such as program.  He felt that this legislation would not prevent another Shady Side (Spencer Wright House).  He was not sure that any practical measures could be put into place.  Law Director King indicated that measures could certainly be put into place with high standards set that could address those types of issues.  But that standard may be higher than Council would be able to support.  Council had the ability to set a standard on a wide spectrum of requirements.  The proposed document was put together in a manner to address the concerns that Council had stipulated.  He was not married to any of these requirements.  His task was to make sure that whatever requirements were on Council’s spectrum was included. 

Councilmember O’Keefe commented that the standard for determining blight of age should be removed as one or two criteria.  Almost all downtown Village homes would meet that standard.  She also stated that the description of what constituted blight was vague and unclear.  This code legislation also left a lot of judgement calls to the property maintenance officer, which could cause issues with other staff in the future.  Councilmember O’Keefe also expressed concern about the possibility of this legislation pitting neighbor against neighbor.  She felt that municipalities should have some rights to save historic homes.  So many historic homes had been lost to private property owner’s rights.  Councilmember O’Keefe agreed with Councilmember Johnson that the process of working through this legislation with community input was wonderful.  This decision was a tough one trying to protect the health, safety and welfare of the community. She appreciated the comments and participation by all of the community members.  Councilmember O’Keefe asked if the suggestion of licensing property owners was possible.  Law Director King commented that licensing one specific group was not legal to select one type of property owner only to license. 

Vice Mayor Barsky commented that the community really did not need this particular legislation.  She was very much in support of a neighbor helping neighbor program to help move the community forward and address any issues with a community-based effort.  A program that was effective to show everyone in the community that the people of Granville care about their community.  She would be in support of staff creating a one or two page document to address just the issues of blight and negligence.  Law Director King commented that he could provide a different type of legislation based on direction provided by Council. 

Mayor Hartfield stated that there was a definite need for this type of legislation.  The Village needed to be able to address issues like a six foot hole in a resident’s backyard, the deterioration of historic homes or homes/apartments where the columns supporting a porch were crumbling and unstable.  She supported having some type of legislation over not having any legislation.  Mayor Hartfield supported having some type of meaningful legislation in place to address issues that do currently exist that the Village was unable to address. 

Councilmember McGowan moved to Call the Question.  Second by Vice Mayor Barsky.  Mayor Hartfield called for a roll call to Call the Question for Ordinance No. 10-2015:  Johnson (yes); Lerner (yes); McGowan (yes); Montgomery (yes); O’Keefe (yes); Vice Mayor Barsky (yes); Hartfield (yes).  Motion passed 7-0. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 10-2015:  Lerner (no); McGowan (no); Montgomery (no); O’Keefe (no); Johnson (no); Vice Mayor Barsky (no) and Mayor Hartfield (v).  Ordinance No. 10-2015 failed 0-7. 

Mayor Hartfield commented that it was important legislation that Council had to consider.  Council was tasked with understanding the needs to a resident living next door to a property with a six foot hole in the backyard and the resident who was elderly or facing financial difficulties and could no longer maintain their property.  It is the Village’s job to represent these people and try to do something.

Vice Mayor Barsky added that there was a difference in living in a township and a Village.  When you live in the Village, you have to give up some of your rights because you have neighbors that are closed to you.  Township residents had the option to do pretty much what they want on their land with three to five acre lots.  Village residents need to take responsibility for their neighbors and that could not be legislated.  That is what communities were built on with stated responsibilities.

Councilmember McGowan left the meeting at 9:13pm.

Ordinance No. 11-2015, An Ordinance Authorizing the Village Manager to Grant a General Permit to 133 South Prospect Street, LLC to License the Use of the Village Right-of-Way at 133 South Prospect Street moved for approval by Councilmember Johnson.  Second by Councilmember Lerner.

Discussion:

Councilmember Montgomery asked if the wall would be in the same location.  Mayor Hartfield said the existing brick wall would be replaced with a sandstone retaining wall. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 11-2015:  McGowan (yes); Montgomery (yes); O’Keefe (yes); Johnson (yes); Lerner (yes); Vice Mayor Barsky (yes) and Mayor Hartfield (yes).  Ordinance No. 11-2015 was approved 6-0. 

NEW BUSINESS    

Resolution No. 2015-48, A Resolution to Establish the Time and Place of a Public Hearing for the 2016 Municipal Budget as Proposed by the Village Manager was introduced and moved for approval by Councilmember Johnson..  Second by Vice Mayor Barsky.

No discussion

Mayor Hartfield called for a vote to approve Resolution No. 2015-48.  Motion carried.  Resolution No. 2015-48 was adopted. 

REVIEW OF MINUTES

Regular Council Meeting Minutes of September 16, 2015 

Councilmember O’Keefe made a motion to approve the September 16, 2015 regular Council meeting minutes.  Second by Vice Mayor Barsky.   Motion carried. 

COMMITTEE REPORTS   

Granville Community Foundation – (Montgomery)

No report. 

Granville Recreation District – (McGowan)

No report.

Planning Commission – (Johnson & O’Keefe)

Councilmember O’Keefe reported that an application to replat a property to provide common access to a driveway on South Pearl Street and East Elm Street passed.  Replacement windows were approved for Day y Noche.   Manager Stilwell advised the Commission that an appreciation event would be taking place.  Manager Stilwell advised that a Volunteer Reception would be held on Thursday, October 22nd to recognize and thank all Village volunteers such as the Planning Commission.

Granville Arts Commission – (O’Keefe)

No report. 

Open Space Committee – (O’Keefe)

No report.

Tree & Landscape Commission – (Lerner)

Councilmember Lerner reported that the Commission was working to replace the large pine tree in the West Broadway median.  The Commission planned to make a recommendation and bring it to Council suggesting to replace the tree in 2016.  Many people have offered to bear the cost of that replacement tree.

Union Cemetery – (Barsky)

No report.

OTHER COUNCIL MATTERS

Mayor Hartfield thanked Clerk Prasher for her efforts in replacing the windows in Village Hall.  The windows have a nice architectural element and provide warmth and feature to the building.  Thank you Clerk Prasher. 

Councilmember Montgomery appreciated Mr. Bellman’s comments about the pedestrian crossing on North Pearl Street.  He suggested that a communitywide effort begin to improve that crossing that would include the Village, Denison University and the Granville School District. Manager Stilwell said that the Village was waiting for the final police report in order to determine what effective measures could be taken to make improvements to that crossing.  The Village has secured a cost estimate for a traffic study and hoped to include Denison and the School District in ascertaining any improvements that would need to be made.  Councilmember O’Keefe asked if an additional sign could be placed indicated that vehicles must stop for pedestrian traffic.  Manager Stilwell indicated that the Village would work with the traffic engineer to find an effective and meaningful solution. 

Councilmember Lerner advised that she would not be in attendance at the October 21, 2015 Council meeting.

OTHER STAFF MATTERS

Manager Stilwell advised that the search for a new Planning Director was due to close on Friday, October 9th.  As there were few applications to date, he would be extending the application deadline until October 23rd.

ADJOURNMENT (9:25pm)

Councilmember Johnson made a motion to adjourn.  Second by Councilmember O’Keefe.  Motion carried.  

        

Council Minutes September 16, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

September 16, 2015

 

CALL TO ORDER (by Mayor Hartfield at 7:29pm)

PLEDGE OF ALLEGIANCE

ROLL CALL 

Those responding to the roll call were Councilmembers Johnson, Lerner, Montgomery, O’Keefe, Vice Mayor Barsky, Mayor Hartfield, Manager Stilwell and Law Director King. 

Vice Mayor Barsky made a motion to excuse Councilmember McGowan from the meeting.  Second by Councilmember Lerner.  Motion passed. 

APPROVAL OF AGENDA

Vice Mayor Barsky moved to approve the agenda.  Second by Councilmember Johnson.  Motion passed. 

CITIZENS COMMENTS (7:30pm) 

Eric DeHayes, Local Waste Services, provided Council with letters of reference from other municipalities including Granville Township as to Local’s ability to provide excellent service.  He requested that Council consider and award the single trash hauler contract to Local Waste Service as the lowest and best bidder.  The Village of Granville was supportive of local businesses.   Local Waste Service was a local business located in Grove City, Ohio.   Bob Queen, a former Big O employee, was now on Local’s staff and would be the Village’s contact person.  Local Waste Service has made an investment in the environment by purchasing and using exclusively CNG (compressed natural gas) trucks.  Those trucks would reduce the amount of pollution in the Village.  Additionally, the Village and Township would again have a single trash hauler with trucks on the road only once per week instead of twice per week.  Local’s price of $15.00 per month was lower than the current price of $15.23 per month.  Residents would receive all new 96-gallon trash and recycling toters.  Mr. DeHayes encouraged Council to consider making a choice to support the environment as well as a financial choice by selecting Local Waste Service as the next single trash hauler. 

Sam Sagaria, 117 South Prospect Street, spoke to concerns he had regarding his neighbor Taco Dan’s at 119 ½, 121 and 123 South Prospect Street.  During the recent Bluesfest, downtown activities ceased at 10:00pm, yet the noise level next to his home increased as the evening progressed.  Mr. Sagaria played two audio recordings of the noise from the porch of his neighbor at two separate periods after midnight.  Mr. Sagaria stated that Taco Dan’s was not a snack shop as was described when the initial permit was granted.  It was a bar and a nuisance.  Noise levels made sleeping impossible.  The front porch was a social gathering place and smoking lounge.  The level of trash, noise and property damage had increased.  Taco Dan’s was more like a fraternity house with a frat house atmosphere.  Mr. Sagaria was requesting a higher level of police presence.  If increased police patrols would not improve the situation then the Village should seek to have Taco Dan’s liquor license revoked. 

Councilmember Montgomery advised Mr. Sagaria to call the police repeatedly as violations occur. 

Mayor Hartfield commented that Chief Caskey had increased the amount of foot patrols for the entire downtown area.  Chief Caskey added that he would have the department have an even greater presence in the whole downtown area. 

Councilmember O’Keefe asked about what could be done about the smoking on the porch.  Law Director King stated that an injunction currently existed that prohibited the use of the front porch.  He indicated that he would research the matter further and pursue any action needed. 

Councilmember Johnson asked how this establishment was different from other establishments in the downtown area.  Law Director King advised that this facility had a number and variety of issues previously that required the Village to seek an injunction.  This location was also in a more mixed use area that included residential housing.

Laurel Kennedy, 83 Beechtree Lane, spoke on behalf of Denison University.  She thanked the Village, staff and especially the Granville police department for their partnership in working with Denison through their recent tragedy.  Denison was very appreciative 

Dan Hect, 51 Sunset Drive, spoke on behalf of Denison University security.  As Chief Caskey and he began their new positions on the same day, he has appreciated the collaborative effort put forth by the Chief and Village to work on issues involving Denison and the community. 

Michael Darling, Rumpke Waste & Recycling Services, thanked Council for the opportunity to bid on the Village’s refuse and recycling contract.  Rumpke was the 10th largest family owned company.  Rumpke, too, was local with headquarters in Cincinnati.  Rumpke had one hundred twenty employees in Columbus.  Rumpke held an A+ rating with the Better Business Bureau and had the number one driver of the year.  Rumpke’s bid was developed just for the Granville community.  Each resident would receive a 96-gallon refuse toter and a 96-gallon recycling toter.  Rumpke’s pick-up service would be automated, which accounted for the increased bid rate.  Rumpke also used CNG trucks and encouraged communitywide recycling.  Rumpke currently serviced Columbus, Dublin, New Albany and Orange Township.

Councilmember Lerner also asked the difference in the two rates provided by Rumpke. Mr. Darling explained that the primary bid would pick-up everything and the alternate bid would only pick-up what was in the toter due to use of an automated truck.  Large oversized items could be set out once a month for pick-up.   Councilmember Lerner also asked if Rumpke had a service where residents could be billed based on the amount of refuse set out each week.  Mr. Darling indicated that service was not yet available.  However, Rumpke was able to help modify citizen behavior and encourage recycling as well as keep track of residents that set their trash out late Rumpke would work with the Village to develop a long-term plan for refuse and recycling needs. 

Law Director King disclosed that Rumpke was his client. 

Terry Thompson, Republic Services, advised Council that the bid specifications were concise, clear and covered the needs of the community.  All bidders were good companies and could be responsive to Granville’s needs.  Republic was also a locally based community with a hub of twenty employees located in Mt. Vernon.  Republic would take recycling to either Columbus or their Bellefontaine facility.  Republic had the infrastructure to serve the needs of the community with multiple recycling facilities and refuse dumps.  Republic had low employee turnover allowing for more consistent service and a high safety rating.  Republic would also be able to maintain the current Thursday pick-up day. 

Councilmember Lerner asked if Republic used CNG trucks.  Mr. Thompson responded that Republic did have CNG trucks as part of their overall fleet, but the Mt. Vernon facility, where the Village’s equipment would originate, was not equipped with CNG refueling stations. 

Councilmember O’Keefe asked whether Republic would pick-up only one side of a street or do two-sided pick-up.  Mr. Thompson indicated that one-sided pick-up was safest for their employees and traffic; however, each route would be evaluated.  Larger, high traffic streets would be one-sided, while low traffic, residential streets could be two-sided. 

Vice Mayor Barsky asked if each resident would receive new toters.  Mr. Thompson replied that each resident would receive a 96-gallon refuse and a 96-gallon recycling toter. 

Councilmember Montgomery asked the type of truck Republic would use in the Village (automated or manual pick-up) and if residents could set out their own trash cans.   Councilmember Montgomery also asked about the sample mailer from Sidney Ohio.  Mr. Thompson advised that Republic would evaluate what type of truck would work best on each route.  Residents could use their own trash cans.  Republic would tailor a brochure to Granville needs and send it out to residents. 

Donald Jordan, Waste Management, indicated that he was the current refuse hauler for the Village since February 2015.  He advised Council that Waste Management would continue to provide the same level of service if they were awarded the contract.  Waste Management did not have CNG trucks as they did not have a fueling station locally.  There were CNG trucks used in Columbus and the corporate plan was to move toward extending the use of those vehicles. 

Councilmember Lerner asked what would happen to the Big O toters when they were replaced.  Mr. Jordan indicated that the toters would be recycled.

Councilmember O’Keefe and Councilmember Lerner asked each bidder the same series of questions.  Those questions and answers were compiled into the chart below.

 

 

 

As no one else appeared to speak, Mayor Hartfield closed Citizen Comments at 8:32pm.

PUBLIC HEARING 

Ordinance No. 10-2015, An Ordinance to Establish Chapter 523 Property Maintenance Code of the Codified Ordinances of the Village of Granville, Ohio

Bob Ramsey, 399 North Pearl Street, indicated his support for a property maintenance code.  The proposed code seemed comprehensive and straight forward.  Most residents in the Village already adhere to good property maintenance.  However, there were a few properties and residents who expressed concerns about this legislation during the previous Council meeting.  Mr. Ramsey felt that it was better to have some type of code than no code.  The issue of blight was not a real issue for the Village.

Ashlin Caravana, 209 East Elm Street, expressed her support for the ordinance.  She wished that such an ordinance would have been in place earlier to have possibly helped to preserve the house on Newark-Granville Road owned by the Mormon Church.  This ordinance would provide at least a baseline.  Demolition by neglect should be part of this code with a daily fine for property owners as a last resort.

Sam Sagaria, 117 South Prospect Street, was in favor of this code.  Currently, neighboring residents and the Village did not have recourse to begin to address homes that may need attention.  Mr. Sagaria suggested that the Village adopt the International Property Maintenance Code, which was similar to the proposed code.  This code could be adopted with adjustments that would be specific to the Village.  He also suggested that the proposed code be revised to address issues raised by residents.

Sharon Sellitto, 215 South Cherry Street, was concerned that the code could be construed and enforced differently by other staff in the future.  Ms. Sellitto would like to see more specific and itemized definitions to the code.  She felt things were too vague and subjective. 

Dan Finkelman, 130 South Mulberry Street, encouraged Council to remove and amend all sections of the proposed code involving enforcement of interior areas.

Mayor Hartfield thanked the audience for their participation in tonight’s hearing.  She appreciated their thoughtful comments and how emotional this issue was for many people.  Village Council had the option of closing the hearing or continuing to leave the meeting open until the next Council meeting.  Council could ask staff to make changes to amend the ordinance.  Councilmembers could provide staff with comments or suggestions of changes to the ordinance.   Councilmember O’Keefe suggested a possible Council work session to discuss changes to the code.

Law Director King indicated that staff had looked at the International Property Maintenance Code.  That code went far beyond the needs of the Village.  The administration of that code was cumbersome and difficult.  The Reynoldsburg Abatement Code, mentioned by a resident during the last Council meeting, was included as part of the proposed code, but the Village’s code includes greater definition of code requirements.  Councilmember Johnson commented that the Reynoldsburg Abatement Code seemed more aggressive.  The Village’s proposed code was not meant to be a hammer, but a more open and defined code.  However, the enforcement of the proposed code could still be problematic.  Law Director King stated that the proposed code provided a lot of flexibility and has the ability to apply fines with a variety of approaches.

Councilmember Montgomery questioned the role of the Licking County Health Department or Building Code Department in enforcing property maintenance.  Law Director King responded that in some egregious cases, these organizations would have enforcement abilities, but in most cases the problems would not reach the level for these organizations to come into play.

Councilmember Lerner moved to continue the Public Hearing on Ordinance No. 09-2015 to the next Council meeting on October 7, 2015 and for Councilmembers to submit any changes to the Ordinance to Village staff.  Second by Vice Mayor Barsky.  Motion carried.

OLD BUSINESS

Ordinance No. 10-2015, An Ordinance to Establish Chapter 523 Property Maintenance Code of the Codified Ordinances of the Village of Granville, Ohio was moved to be tabled until the October 7, 2015 Council meeting by Councilmember Johnson.  Second by Councilmember Montgomery.

NEW BUSINESS    

Resolution No. 2015-47, A Resolution to Award the Contract for the Collection, Transportation and Processing of Residential Refuse, Recyclables and Yard Waste was introduced and moved for approval by Councilmember Johnson.  Second by Councilmember Lerner.

Discussion:

Councilmember O’Keefe supported the use of CNG trucks.  The Village of Granville was an environmentally conscious community and doing something to reduce the spewing of diesel fumes in the Village would be a positive.  These were important environmental concerns.  She expressed her support of awarding the refuse contract to Local Waste Service. The difference in the monthly rate would be less than $24 per year. Councilmember Lerner agreed. 

Councilmember Montgomery liked the idea of the Village and Township having the same refuse hauler allowing for fewer trucks on the roadways.  Councilmember Montgomery liked the information provided by the bidders regarding their responsiveness and service to residents.  Councilmember Montgomery asked if the Village could subsidize the difference in rates for the residents.  Manager Stilwell advised that General Fund monies could be used to subsidize a utility, but he could not make such a recommendation as it was bad policy to subsidize an “enterprise fund”.  Additionally, other refuse trucks would still be in the Village picking up commercial refuse.  Law Director King added that if Council decided to award the contract to Local even though they were not the lowest bidder, their use of CNG trucks and a combined hauler with the Township could be an appropriate argument for selecting them as the lowest and best bidder.

Councilmember Johnson pointed that the both Republic and Local were saving residents money as their bid rates were less that the current rate of $15.23.  Waste Management was maintaining the current rate.  Councilmember Johnson expressed concern that if CNG trucks were an important part of the bid, then that information should have been included in the bid specs.  He questioned if the Village was on solid ground in awarding the contract to Local because they used CNG trucks exclusively.  Was that fair to the other bidders?  Law Director King responded that he could defend such a decision by Council.  Council had the option of rebidding the contract and changing the specifications.  He indicated that he had reviewed the bid specs and found them to be solid. There was no information provided by any of the bidders this evening that would oblige the Village to change the existing bid process. 

Vice Mayor Barsky questioned the evidence of environmental benefits from the use of CNG trucks.  Driving through the Village may provide some benefit, but what was the environmental impact on the production and fueling side of using CNG. 

Councilmember Lerner requested that staff include the use of CNG trucks as criteria for bidders in the next bid process.  She also supported pay per use refuse rates and hoped Rumpke would continue pursuing that option. 

Councilmember O’Keefe made a motion to amended Resolution No. 2015-47 to award the contract to Local Waste Service.  Second by Councilmember Lerner.  Mayor Hartfield called for a roll call vote to amend Resolution No. 2015-47 to award the single trash hauler contract to Local Waste Service:  Johnson (no); Lerner (yes); Montgomery (no); O’Keefe (yes); Vice Mayor Barsky (no), Mayor Hartfield (no).  Motion to amend failed 2-4. 

Mayor Hartfield called for a roll call vote to approve Resolution No. 2015-47 to award the single trash hauler contract to Republic Service:  Lerner (no); Montgomery (yes); O’Keefe (no); Johnson (yes); Vice Mayor Barsky (yes), Mayor Hartfield (yes).  Motion passed 4-2. 

Ordinance No. 11-2015, An Ordinance Authorizing the Village Manager to Grant a General Permit to 133 South Prospect Street, LLC to License the Use of the Village Right-of-Way at 133 South Prospect Street was introduced and a hearing date set for October 7, 2015 by Vice Mayor Barsky.  Second by Councilmember Johnson.

Mayor Hartfield scheduled a public hearing for Ordinance No. 11-2015 for October 7, 2015.

REVIEW OF MINUTES

Regular Council Meeting Minutes of September 2, 2015 

Vice Mayor Barsky made a motion to approve the September 2, 2015 regular Council meeting minutes.  Second by Councilmember O’Keefe.   Motion carried. 

MAYOR'S REPORT – September

The Mayor's report for the month of September was presented for review. 

Vice Mayor Barsky moved to accept the September Mayor’s Report. Second by Councilmember Johnson.  Motion carried. 

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 – September

The Manager's Report for the month of September was presented for review. 

Councilmember O’Keefe moved to accept the September Manager’s Report.  Second by Vice Mayor Barsky.  Motion carried. 

Mayor Hartfield instructed the report be filed with the Clerk. A copy of the report will be included as part of these minutes.

COMMITTEE REPORTS   

Granville Community Foundation – (Montgomery)

Councilmember Montgomery reported that the Foundation saw a presentation from the Foundation’s investment manager.

Granville Recreation District – (McGowan)

No report. 

Planning Commission – (Johnson & O’Keefe)

Councilmember Johnson reported that four applications were approved by the Planning Commission including two revising a previous sign application for the Pub, one lot line realignment and improvements on former Commission member Mitchell’s home. 

Granville Arts Commission – (O’Keefe)

No report.

Open Space Committee – (O’Keefe)

No report.

Tree & Landscape Commission – (Lerner)

Councilmember Lerner reported that the Commission had concerns about the impact of the St. Luke’s sewer line renovation in Opera House Park regarding who owned the sewer line and who would bear the costs of the repairs.  Manager Stilwell advised that St. Luke’s would be paying for all of the repairs and improvements except those in the Village’s right-of-way, which the Village would pay.

Union Cemetery – (Barsky)

Vice Mayor Barsky requested that a $5,000 contribution to the Union Cemetery be included as part of the 2016 Budget as discussed earlier in the year.

OTHER COUNCIL MATTERS

Mayor Hartfield advised that the Village Manager and she met with Denison University, the Township Trustees, Chamber members, Granville school district representatives regarding economic development.  Some discussion resulted in a suggestion that an economic development role be added to the Village’s Planner Director position. Adding this function was discussed previously.  The Planner would be tasked with helping develop a long-term plan and keeping abreast of the availability of business space and locations.   The Township could play a collaborative role, possibly financially, when projects involve both entities with Trustee Schott as the point person.  Councilmember O’Keefe questioned how this change would impact the Chamber’s role in economic development.  Manager Stilwell commented that the Chamber was a supportive partner.  The Chamber generally had more global thinking and direction.  Manager Stilwell thought the addition of an economic development component was a good idea for this continued, full-time position.  Councilmember O’Keefe asked if a shared cost position was legal.  Law Director King responded in the affirmative.

Vice Mayor Barsky asked the status of the Frolking application.  Manager Stilwell advised that staff had met with the Frolking’s and their attorney.  They were advised of a couple of options – comply with the code or request that Council amend the zoning code to allow for smaller roadway widths and rights-of-way.  Councilmember O’Keefe asked if the Village could not compromise on the road width size.  Law Director King advised that a variance from the twenty-six foot roadway width could not be granted as Village code was bound by Licking County standards, which required twenty-six foot roadway widths.  The BZBA did not have the authority to address that issue.  Council, however, could amend Village code or establish a whole new code.  An additional road type could be added to Village code.  Vice Mayor Barsky asked when this Village code was passed as she recalled that Erinwood subdivision roads were allowed to be narrowed.  Law Director King responded that roadway width standards were established in 1995.  Councilmember Johnson added that this discussion could be relevant for any future developments.  Mayor Hartfield commented that Councilmembers were approached individually and asked to initiate an amendment to Village code.  Council concurred that, like Denison’s request to amend the code relevant to solar issues; the Frolking’s or their attorney should propose specific language and request that Council consider making an amendment to Village code.  Vice Mayor Barsky advised Council that Todd Frolking had worked with her this summer, so she would need to recuse herself should this issue come before Council.  Manager Stilwell indicated that he would advise the Frolking’s that they need to provide staff with a letter and specific language outlining their suggestions for code amendments. 

Councilmember Lerner expressed concern about the exposed foundation on a residential property that a neighbor advised Council of during a previous Council meeting.  She wondered if the Village had any recourse in determining the safety of that situation.  Manager Stilwell responded that the Licking County Building Code Department had been to the site to locate any nuisance issues.  Village staff will contact Licking County and ask them to check the site again. 

OTHER STAFF MATTERS 

There were no Other Staff Matters 

EXECUTIVE SESSION

Vice Mayor Barsky moved to enter into Executive Session, pursuant to ORC §121.22(G) (4) – “reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment.” Second by Councilmember O’Keefe. 

Mayor Hartfield called for a roll call vote: Montgomery – yes; O’Keefe – yes; Johnson – yes; Lerner – yes; Barsky – yes; Hartfield – yes. Motion carried 6-0. Time in: 10:04pm. 

Councilmember O’Keefe moved to return to regular session.  Second by Councilmember Johnson. 

Mayor Hartfield called for a roll call vote: O’Keefe – yes; Johnson – yes; Lerner – yes; Montgomery – yes; Barsky – yes; Hartfield – yes.  Motion carried 6-0. Time in: 10:16pm. 

Council returned to regular session.

ADJOURNMENT (10:18pm)

Councilmember Johnson made a motion to adjourn.  Second by Vice Mayor Barsky.  Motion carried.                                                                                                  

 

Question

Local

Republic

Rumpke

WM

CNG Trucks

Yes

No

Yes

No

Holiday Pay &

Yes

Yes

Yes

Yes

   Overtime Pay

holiday

holiday

holiday

holiday

 

counts

OT after 40

counts

OT after 40

 

toward OT

hours

toward OT

hours

Pick-up a Sofa

Yes

Yes

Yes

Yes

 

 

 

Automated

 

 

 

 

Service

 

 

 

 

No

 

Council Minutes September 2, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

September 2, 2015

 

CALL TO ORDER (by Mayor Hartfield at 7:30pm)

PLEDGE OF ALLEGIANCE

ROLL CALL

Those responding to the roll call were Councilmembers Johnson, Lerner, McGowan, Montgomery, O’Keefe, Mayor Hartfield, Manager Stilwell and Law Director King.

Councilmember McGowan made a motion to excuse Vice Mayor Barsky from the meeting.  Second by Councilmember Lerner.  Motion passed.

APPROVAL OF AGENDA 

Councilmember McGowan moved to approve the agenda.  Second by Councilmember O’Keefe.  Motion passed. 

CITIZENS COMMENTS (7:31pm)

As no one appeared to speak, Mayor Hartfield closed Citizen Comments at 7:32pm.

PUBLIC HEARING 

Ordinance No. 10-2015, An Ordinance to Establish Chapter 523 Property Maintenance Code of the Codified Ordinances of the Village of Granville, Ohio

Dan Rogers, 210 East Maple Street, commented to Council that this legislation was garbage and a waste of time.  Council should stop hammering people.  The Village did not need all of these rules.  This process was just a waste of time and money.

Laura Frame, 133 South Pearl Street, expressed her support for this legislation.  She and her neighbors had voiced concerns about properties in her neighborhood earlier in the year to Council.  When residents do not maintain their homes, it was the duty of the Village to ensure that these residents with peeling paint and falling down porches be required to keep the beauty and historical nature of the community intact.  Ms. Frame asked that Council pass this legislation to provide the Village with some leverage to address issues.

Wood Struthers, 326 Cedar Street, articulated his support of this legislation.  Mr. Struthers grew up in Granville and decided to invest in a home in the Village for his family.  He stated that his home has not been an investment and cost him money.  He had a neighbor whose property was not able to be addressed by the current Village code.  The neighbor currently had a hazard on his property that could injure his children if they ventured into his yard.  The neighbor had an abandoned building foundation.  The property was not maintained or mowed.   Mr. Struthers indicated that he wanted to sell his property, but the neighboring property had reduced his property values to the point that he cannot sell his house.  He offered to and had cut his neighbor’s grass on many occasions without even a thank you from his neighbor.  It was not fair that other resident’s negligent of their property was costing him money on his property.  This particular property owner served on a Village committee and was responsible for telling residents how to maintain, repair and renovate their property, while his property was permitted to deteriorate.  Mr. Struthers had been voicing his concerns for three and one half years to Councilmembers and Village staff.  He advised Council that he was moving away from Granville due the lack of enforcement regarding his neighbor’s home.  Mr. Struthers hoped that Council would approve this legislation so the Village had the ability to move an issue, like his neighbor, forward to a next level where a remedy could be found.

Bob Johnson, 218 East Elm Street, conveyed his support for the legislation.  He was part of the initial group of residents requesting something be done about property maintenance issues.  That group’s intent was for the code to deal with public safety issues.  He felt this legislation addressed those issues.  He still was concerned about absentee property owners.  Mr. Johnson indicated his support for a volunteer program that would help residents in need.  That would be very useful and he would be willing to volunteer.

Barbara Franks, 122 ½ South Prospect Street, indicated that she had not read the legislation, but thought that the concept of such a good was good as long as it was equally and fairly enforced.  There were a limited number of houses that the code would impact.  She suggested that Council provide tax incentives to residents whose homes could be at issue to help them make improvements instead of bashing residents.

Bill Wilken, 474 Glyn Tawel Drive, commented that this legislation was not appropriate for the Village of Granville.  This legislation could cause legal issues for Granville.  The legislation would not really address or solve problems with identified homeowners.  Sanctions imposed on a homeowner, whose home needs work, likely would not be able to pay, thus the problem would remain unsolved.  The code could be challenged and litigated based on First amendment rights.  In the future, this type of legislation could be used to inappropriately subjugate residents.  Many neighborhoods had homeowners’ associations that set standards for residents.  People do have those concerns, elected to live in areas with HOAs.  Mr. Wilken suggested that there were other ways to approach concerns about property maintenance.  The Village could issue business licenses or have rules that address absentee landlords.

Ben Rader, 130 West Broadway, stated to Council that evaluating this situation was difficult.  People living next door to a home that need maintenance was hard.   Legislated rules would force people to do things that were not appropriate either.  This legislation might not be the best solution, but something needed to be done.  This legislation could also be very subjective.  The whole issue was a sticky wicket.  Good luck! 

Doug Eklof, 907 Newark-Granville Road, advised Council that he was a member of the Planning Commission.  The Planning Commission voted not to support the proposed legislation.  Mr. Eklof indicated that he voted against the legislation as it could be used to force an unpopular neighbor out of their home. The legislation did not address commercial or rental property.  Landlords were not impacted by the effect of run down properties.  The Village should develop a code that enforced a higher standard for landlords.  Landlords should be licensed. 

Sharon Sellitto, 215 South Cherry Street, voiced to Council that the time of the absentee landlord was over.  She was upset that the code would allow (for example) a plumber to report to the Village that her bannister was loose and then the Village would barge into her home and require repairs.  Ms. Sellitto suggested that the Reynoldsburg Nuisance Abatement code would be a better alternative.  Truro Township had a policy to help neighbors make repairs and improvements to their homes.  She was not in support of this legislation. 

Mayor Hartfield thanked the audience for their participation in tonight’s hearing.  She appreciated their thoughtful comments and how emotional this issue was for many people.  Village Council had the option of closing the hearing or continuing the hearing to the next Council meeting.  If Council chose to close the meeting, Council would discuss the ordinance, possibly amend the ordinance and vote on the ordinance.   Village Council’s intent was to address issues that do exist in the community, not to negatively impact residents.  Council and staff have not had an ability to address the few problems that do exist in the community.  This legislation would provide a base.

Councilmember O’Keefe indicated her support for continuing the public hearing and investigating some of the issues brought forth by the residents.

Councilmember McGowan supported continuing the public hearing.  He also was more in support of a neighbor helping neighbor program.  This program would promote a positive community spirit.  Manager Stilwell advised Council that they received information regarding the proposed Paint the Town program.

Councilmember Lerner wanted to hear additional public comment and encouraged residents to come to the next meeting and voice their opinions.

Councilmember Johnson also wanted to solicit additional public opinion.

Councilmember Montgomery hoped that as many residents in the community could come to the next Council meeting and make their comments known.  He was also interested in exploring how the Village could be the conduit to facilitate a community based program to help individuals who may need assistance with maintenance issues.

Councilmember Johnson asked if the Village intended to hire someone to serve as a Zoning Inspector.  He also asked if the code had provisions to address interior maintenance issues.  Manager Stilwell advised that no additional staff would be hired.  Law Director King stated that there were no provisions for interior standards, but if there were a health and safety issued involved, the code did allow the Village to take action.  The code was primarily designed to address exterior issues.  Mayor Hartfield suggested that any reference to interior issues should be removed from the legislation.

Councilmember Johnson asked the current remedies of property maintenance issues.  Law Director King stated that the only authority the code provided the Village currently was to address high weeds.  State code allowed the Village to address immediate safety hazards, but no other issues could be addressed.  The new code would allow the Village to address neglected properties that could be considered blighted.

Councilmember O’Keefe asked if the current code allowed the Village to address a blighted home.  Law Director King commented that in most communities, there were whole areas that were blighted.  Granville does not have those types of areas.  However, there were specific homes in Granville that the code could address as blighted based on the codes definition.  Councilmember O’Keefe asked how the enforcement process would work with the new code.  Law Director King responded that staff would communicate with the property owner informally to determine if the issue could or was in the process of be rectified.  The next step would be to send a notice to the property owner explaining the problem and what needed to be done to correct the issue.  The resident would have opportunities to work with staff or appeal any decisions.  The code was drafted with legal provisions to address emergency issues.

Councilmember Montgomery expressed concerns about the possible subjectivity of code enforcement.  Law Director King responded that the code was set up to address the big issues and to be used as a guide for Village staff.  The implementation of the code was designed to be reasonable and compatible with community standards.

Councilmember Johnson asked if the proposed property maintenance code provided a remedy, a method or a practical way of making a property owner remedy problems.  Law Director King stated the Village would work with property owners to find solutions; however, with a recalcitrant property owner, someone who just refuses to fix a problem, the Village could seek an injunction from the courts, but that still would not rectify the problem.  Councilmember Johnson added that any property maintenance code enacted still might not get the results that the adjoining property owners may want.   The practical implementation of this code could be very difficult.

Law Director King reiterated that the purpose and scope of this property maintenance code was to establish minimum standards necessary to make all structures safe, sanitary, free from fire and health hazard, fit for human habitation, and beneficial to the public welfare; to establish minimum standards governing the maintenance of structures in such condition as will not constitute a blighting, nuisance or deteriorating influence on the surrounding neighborhood; to protect property values; to promote and enhance community sustainability; to fix responsibilities for owners, agents, lessees and occupants of structures with respect to safety, sanitation, repair and maintenance; and to establish procedures for consistent and practical enforcement of these minimum standards.  The draft legislation was intended as a tool and a process for the Village to use to try to fix potential problems.

Councilmember McGowan made a motion to continue the Public Hearing on Ordinance No. 09-2015 to the next Council meeting on September 16, 2015.  Second by Councilmember Johnson.

OLD BUSINESS

Ordinance No. 10-2015, An Ordinance to Establish Chapter 523 Property Maintenance Code of the Codified Ordinances of the Village of Granville, Ohio was moved to be tabled until the September 16, 2015 Council meeting by Councilmember McGowan.  Second by Councilmember O’Keefe.

NEW BUSINESS    

Resolution No. 2015-45, A Resolution Accepting the Amounts and Rates as Determined by the Budget Commission and Authorizing the Necessary Tax Levies and Certifying Them to the County Auditor was introduced and moved for approval by Councilmember O’Keefe.  Second by Councilmember McGowan.

Discussion:

Mayor Hartfield commented that this legislation was an annual housekeeping item. 

Councilmember McGowan asked if the Village would be receiving the same percentage of revenues.  Manager Stilwell responded in the affirmative. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-45.  Motion carried.  Resolution No. 2015-45 was adopted. 

Resolution No. 2015-46, A Resolution to Award the Contract for the Purchase of Water Treatment Chemicals to Mid-Ohio Valley Lime, Inc. / Mississippi Lime was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember Johnson.

No discussion. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-46.  Motion carried.  Resolution No. 2015-46 was adopted. 

REVIEW OF MINUTES 

Regular Council Meeting Minutes of August 19, 2015

Councilmember McGowan made a motion to approve the August 19, 2015 regular Council meeting minutes.  Second by Councilmember Johnson.   Motion carried. 

COMMITTEE REPORTS   

Granville Community Foundation – (Montgomery)

Councilmember Montgomery reported that the Foundation met for their annual retreat on August 22nd to review accomplishments and set goals for the next year. 

Granville Recreation District – (McGowan)

Councilmember McGowan reported that the GRD was registering for their fall programs. 

Planning Commission – (Johnson & O’Keefe)

Councilmember O’Keefe reported that three applications were approved by the Planning Commission including Village Hall window replacement, landscaping for Middleton House and the residing of a home. 

Granville Arts Commission – (O’Keefe)

No report. 

Open Space Committee – (O’Keefe)

Councilmember O’Keefe reported that the Township Trustees moved to negotiate with the Breymaiers for a conservation easement for 185 acres north of the Village on SR 661.

Tree & Landscape Commission – (Lerner)

No report.

Union Cemetery – (Barsky)

No report.

OTHER COUNCIL MATTERS

Mayor Hartfield expressed Council and staff’s sympathy to the Denison community regarding the death of Denison student Wendell Jackson.  Our hearts were saddened by the loss.

Presentation of the SR 161 Corridor Plan

Planner Terry provided Council with an overview of the Licking County Planning Commission’s corridor plan for SR 161, SR16 and SR 37 from Beech Road to Cherry Valley Road.  The Commission was working to define a development pan and a transportation improvement plan. 

Mayor Hartfield announced that Planner Alison Terry had submitted her resignation from the Village effective December 2015.  She thanked Planner Terry for her grant writing skills, zoning modifications, participation in local development groups and her work with property owners.  Planner Terry expressed her appreciation for the opportunity to work in the Village.  She enjoyed her time here as it provided a variety of opportunities.   She was looking forward to spending more time with her family.

OTHER STAFF MATTERS 

Manager Stilwell reported that Clerk Prasher and he met with Republic Services, the low bidder for the refuse hauling bid, and Local Waste Services to determine each company’s ability to service the Village residents.  Councilmember O’Keefe asked if the Township was satisfied with Local Waste Services.  Mayor Hartfield responded that there was a bumpy transition, but service has been good. 

Manager Stilwell advised Council that ODOT would be contracting to haul in 40 to 90K tons of materials for the Cherry Valley interchange project.  Staff was concerned about the impact to Cherry Valley Road and Newark-Granville Road.   Village staff suggested that ODOT use Westgate Drive as the access point for trucks and materials.  ODOT indicated a preference for the Cherry Valley Road and Newark-Granville Road route.  Staff asked Council if they would like staff to continue pursuing this issue by meeting with ODOT’s Deputy Director along with the Mayor. 

Councilmember Lerner recused herself from the meeting. 

Councilmember O’Keefe asked Ms. Lerner, as Director of Welsh Hills School, which route would be safest for her school and students.  Ms. Lerner indicated that using Westgate Drive would be safest.  That roadway was not visible from the school and would not impact arrival and dismissal times of the school. 

Council responded that they were concerned about ODOT’s proposed route citing public safety concerns and requested staff and the Mayor continue to press ODOT to review their decision by meeting with the Deputy Director. 

ADJOURNMENT (9:24pm)

Councilmember McGowan made a motion to adjourn.  Second by Councilmember Johnson.  Motion carried.                                                                                              

 

Council Minutes August 19, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

August 19, 2015

 

CALL TO ORDER (by Mayor Hartfield at 7:32pm)

PLEDGE OF ALLEGIANCE

ROLL CALL

Those responding to the roll call were Councilmembers Johnson, Lerner, McGowan, Montgomery, O’Keefe, Vice Mayor Barsky, Mayor Hartfield, Manager Stilwell and Law Director King. 

APPROVAL OF AGENDA 

Councilmember McGowan moved to approve the agenda.  Second by Vice Mayor Barsky.  Motion passed. 

CITIZENS COMMENTS (7:33pm) 

As no one appeared to speak, Mayor Hartfield closed Citizen Comments at 7:34pm.

PRESENTATION

Mayor Hartfield swore in the following part-time police officers promoted to sergeant:  Brian Costa and Charles Marcum and new reserve officer Douglas Eckhart.  Chief Caskey welcomed former Columbus police officer Douglas Eckhart as a new reserve officer.  Chief Caskey commented that Brian Costa and Charles Marcum were deserving of the rank of sergeant for their hard work and dedication to the community.

Manager Stilwell introduced the new Wastewater Superintendent Matthew Robinette to Village Council.  He was selected unanimously by the selection committee consisting of Water Superintendent Fruth, Wastewater Operator Zimmerman and himself.  Mr. Robinette is currently with the City of Pickerington wastewater plant. He holds licenses as a Class 2 EPA certified water operator and Class 3 wastewater operator.  His employment will begin on Tuesday, September 8, 2015.   Matt will be replacing former Utility Director Joe Taylor, who left earlier this year.  Village Council welcomed Mr. Robinette to the Village.  Mr. Robinette thanked Council for this opportunity and hoped to continue his career here with the Village of Granville.  He was excited to address the interesting challenges posed by the water and wastewater plants.

PUBLIC HEARING 

Ordinance No. 09-2015, An Ordinance Authorizing the Village Manager to Grant a General Permit to Eileen Arant to License the Use of the Village Right-of-Way at 124 & 126 East Broadway.

As no one appeared to speak, Mayor Hartfield closed the Public Hearing at 7:47pm.

OLD BUSINESS

Ordinance No. 09-2015, An Ordinance Authorizing the Village Manager to Grant a General Permit to Eileen Arant to License the Use of the Village Right-of-Way at 124 & 126 East Broadway was moved for approval by Councilmember McGowan.  Second by Vice Mayor Barsky.

Discussion:

Vice Mayor Barsky asked if Council’s questions regarding the proposed square footage affecting the right-of-way were clarified.  Law Director King responded in the affirmative. 

Councilmember O’Keefe asked Ms. Arant when renovations were expected to start.  Ms. Arant indicated that construction was underway inside and anticipated starting the outside renovations in about four weeks. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 09-2015:  Johnson (yes); Lerner (yes); McGowan (yes); Montgomery (yes); O’Keefe (yes); Vice Mayor Barsky (yes) and Mayor Hartfield (yes).  Motion passed 7-0. 

NEW BUSINESS    

Ordinance No. 10-2015, An Ordinance to Establish Chapter 523 Property Maintenance Code of the Codified Ordinances of the Village of Granville, Ohio was introduced and a hearing date set for September 2, 2015 by Councilmember O’Keefe.  Second by Councilmember Johnson.

Mayor Hartfield scheduled a public hearing for Ordinance No. 10-2015 for September 2, 2015.

Councilmember McGowan asked that a discussion of his suggested neighbor helping neighbor program be included on the agenda.  This concept had been discussed previously, but he would like to see something specific developed.   Councilmember McGowan also asked who would be responsible for enforcing the code.  Law Director King advised that the planning department along with Dave Dudgeon as a representative of the police department.

Councilmember Johnson responded that the Village Manager had provided Council with a program called “Paint the Town” that could be put in place.  He asked if a resolution of support for such as program would be required by Council.

Manager Stilwell added that the property maintenance code currently before Council provided for such a program to be utilized prior to the Village taking action.  Section 523.13 spoke to using informal mediation.  Manager Stilwell indicated that he would provide Council with the specifics of the “Paint the Town” program.

Mayor Hartfield expressed concerns regarding the application of a property maintenance code on commercial businesses that might have equipment and machinery stored on property.  Law Director King advised that this policy was constructed to use practical and reasonable application and discretion when enforcing the code.  The expectation of the purpose and scope of the code would be to enforce using a reasonable approach.  The code allowed for discretion and flexibility.  It was not meant to address cosmetic issues, but health and safety concerns.

Councilmember Montgomery asked if the code should be set up to distinguish violations based on zoning districts.  Law Director King advised that the code had to have the same expectation for the entire community.  However, this code allowed for the flexibility to address issues based on what might be acceptable in an agricultural area would not be acceptable in the downtown business area.  Councilmember Johnson asked if the zoning code should also be updated to include this code so as to provide clear and objective parameters for enforcement purposes.  Law Director King responded that it could be more of a detriment to include the code as part of the zoning code.

Resolution No. 2015-42, A Resolution to Award the Contract for the Village Hall Window Replacement Project to Gunton Corporation, as per Specifications, and Authorize the Village Manager to Enter into an Agreement Therefor was introduced and moved for approval by Vice Mayor Barsky.  Second by Councilmember McGowan.

Discussion:

Manager Stilwell commented that the three participating bidders were advised of the final bids and staff’s recommendation of award to Council. 

Councilmember Montgomery asked if it was appropriate to give preference to local vendors.  Manager Stilwell indicated that each community sets that standard or preference as it can work for a community by supporting local businesses.  However, it can work against communities should local vendors expect the award and not provide strong service or products. 

Mayor Hartfield commented that the winning bidder, in this case, provided a product that better met the Village bid specifications. 

Councilmember Johnson asked if the Village were protected in awarding a contract that was not the lowest price.  Law Director King responded that the bids were to be awarded based on the lowest and best bidder.  He looked at the bid specifications, the bids and spoke with Clerk Prasher regarding the final recommendation.  The recommendation was based on objective reasons.  Clerk Prasher explained that both the lowest bidders had excellent references and a quality product.   The Gunton Corporation provided a better, more specified solution to covering and sealing the exterior wood trim.  Additionally, the Pella window offered a color that matched more exactly with the needs of the project than the Jeld Wen window. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-42.  Motion carried.  Resolution No. 2015-42 was adopted. 

Resolution No. 2015-43, A Resolution to Appoint a Member to the Planning Commission was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember Lerner.

Discussion:

Mayor Hartfield thanked Mr. Klingler on behalf of Council for his willingness to serve.  The Commission was lucky to have your service.  Your work and experience in renovating various homes in the community will be an asset to the Commission. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-43.  Motion carried.  Resolution No. 2015-43 was adopted. 

Resolution No. 2015-44, A Resolution in Support of Licking County Reducing the Speed Limit on Welsh Hills Road (County Road 121) to 45 mph was introduced and moved for approval by Vice Mayor Barsky.  Second by Councilmember Lerner.

Discussion:

Councilmember McGowan confirmed that this legislation was requested by the Licking County Commissioners.  Manager Stilwell responded in the affirmative. 

Vice Mayor Barsky confirmed that the change would just impact the Township portion of Welsh Hills Road.  Manager Stilwell responded in the affirmative. 

Mayor Hartfield felt this change in speed limit was a good safety measure. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-44.  Motion carried.  Resolution No. 2015-44 was adopted. 

REVIEW OF MINUTES 

Regular Council Meeting Minutes of August 5, 2015

Councilmember McGowan made a motion to approve the August 5, 2015 regular Council meeting minutes.  Second by Vice Mayor Barsky.   Motion carried. 

MAYOR'S REPORT – July

The Mayor's report for the month of July was presented for review. 

Councilmember McGowan moved to accept the July Mayor’s Report. Second by Vice Mayor Barsky.  Motion carried.

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 – July

The Manager's Report for the month of July was presented for review. 

Councilmember O’Keefe asked about the new non-lethal weapon the police department would be testing.  Manager Stilwell indicated that this weapon was just being used on a trial basis.  Law Director King explained that the weapon fired a heavy steel ball that only incapacitates someone.  It was not a lethal weapon.  The only other location to utilize this weapon was Ferguson, Missouri.

Councilmember O’Keefe asked about the leak identification company that was brought into the Village.  Manager Stilwell indicated that a leak detection company was brought into the Village several times a year to help locate and isolate leaks in the water system.  Currently the Village had a 25% water loss.  Councilmember McGowan asked if that was high.  Manager Stilwell indicated that a 25% loss rate was higher than 70% to 80% of other communities.

Councilmember O’Keefe moved to accept the July Manager’s Report.  Second by Councilmember McGowan.  Motion carried. 

Mayor Hartfield instructed the report be filed with the Clerk. A copy of the report will be included as part of these minutes.

COMMITTEE REPORTS   

Granville Foundation – (Montgomery)

Councilmember Montgomery reported that the Foundation would hold its annual retreat on Saturday, August 22, 2015. 

Granville Recreation District – (McGowan)

Councilmember McGowan reported that the GRD was registering for their fall programs. 

Planning Commission – (Johnson & O’Keefe)

Councilmember Johnson reported that three applications were approved by the Planning Commission including an application for enclosing a porch, a new concrete patio and the Village Hall windows. 

Granville Arts Commission – (O’Keefe)

Councilmember O’Keefe reported that the Commission approved grants for GSVA and the Bluesfest.  The Commission members want to promote the Arts and encourage local entities to file for grants with the Ohio Arts Commission.  They would like to hold a workshop for the Chamber, GSVA, The Works, Denison University and the Newark-Granville Symphony or other groups.  Councilmember Lerner suggested that they discuss the possibility of collaborating with FamFest in Newark. 

Open Space Committee – (O’Keefe)

No report.

Tree & Landscape Commission – (Lerner)

Councilmember Lerner reported that St. Luke’s Church was in the process of repairing a sewer line under Opera House Park and was delaying the Commission’s plans for renovation.  Manager Stilwell indicated that the sewer line for the annex was not functional.  The Village was working with St. Luke’s to resolve the issue and trying to avoid digging into South Main Street.  Councilmember Johnson asked about the status of tree replacement for non-Ash trees.  Councilmember Lerner indicated that the Commission was planning to plant thirty-eight trees this year.

Union Cemetery – (Barsky)

Vice Mayor Barsky reported that a large tree was removed on the south side of the cemetery.

OTHER COUNCIL MATTERS

Vice Mayor Barsky asked if the tree lawn areas had been restored on Spellman Street from the fiber optic installation.  Councilmember McGowan indicated that a wire was still exposed.  Manager Stilwell indicated that the Village was working with the School District to resolve this issue. 

Councilmember Lerner expressed her appreciation for the completion of the bridge on SR 661 prior to the start of school. 

Law Director King advised Council that the state of Ohio was requiring municipalities to reform all tax codes by adopting new state legislation by December, 2015.  He indicated that he would be working with Income Tax Commission Williams to draft a new code based on state requirements and the needs of the Village in the next sixty days.  Manager Stilwell indicated that these new requirements would not be financially impactful on the Village.  The Village would continue to maintain local control of all tax collection. 

OTHER STAFF MATTERS 

Manager Stilwell expressed Village staff’s appreciation for the community’s patience during the many construction projects this summer and last summer.  Pelotonia’s event through the Village this year was a safe event.  Councilmember Johnson asked if the event was going to continue to come through the Village.  Manager Stilwell indicated that the event would come through the Village for three more years.  Councilmember McGowan suggested that the Farmer’s Market might need to be moved to St. Edward Church next year.  It caused a great deal of confusion at the Broadway / Main intersection.  He asked staff to check with the Chamber about sales during this event, whether vendors saw an increase or decrease due to Pelotonia. 

ADJOURNMENT (8:55pm)

Councilmember McGowan made a motion to adjourn.  Second by Councilmember Johnson.  Motion carried.  

Council Minutes August 5, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

August 5, 2015

 

CALL TO ORDER (by Vice Mayor Barsky at 7:30pm) 

PLEDGE OF ALLEGIANCE

ROLL CALL

Those responding to the roll call were Councilmembers Johnson, Lerner, McGowan, Montgomery, O’Keefe, Vice Mayor Barsky, Manager Stilwell and Law Director King. 

Councilmember McGowan moved to excuse Mayor Hartfield from the meeting.  Second by Councilmember O’Keefe.  The minutes reflect that Mayor Hartfield arrived at the meeting at 8:35pm. 

APPROVAL OF AGENDA

Councilmember McGowan moved to approve the agenda.  Second by Councilmember O’Keefe.  Motion passed. 

CITIZENS COMMENTS (7:31pm)

As no one appeared to speak, Vice Mayor Barsky closed Citizen Comments at 7:32pm.

PUBLIC HEARING 

Ordinance No. 08-2015, An Ordinance to Amend Ordinance No. 16-2014 Providing for Adjustments of the Annual Budget for the Fiscal Year 2015 and Revising Sums for Operating

Bob Ramsay, 399 North Pearl Street, asked Council if a budget amendment of $113,000 was a typical request and from where would the funding come.  Did the Village have a rainy day fund?   Manager Stilwell explained that budget amendments were fairly common, happening two or three times a year.  The funding for these expenditures would come from the existing General Fund.  The Village had a rainy day fund.

Mr. Ramsay asked about the expenditure of $22,000 for the replanting of trees due to the removal of so many Ash trees.  He felt the money might be better spent in removing more of the ugly trees in the Village; trees that were disfigured by trimming done by AEP.  He asked if trees always had to be replanted simply because a tree was removed.  Manager Stilwell advised that the Tree & Landscape Commission was provided $10,000 annually for tree replacement.  This year the amount was increased to $15,000.  AEP also offered to remove all of the Ash trees in the public right-of-way at no cost to the Village due to a funding set aside by the PUCO.  The Village decided to take advantage of that program.  The Village planned to replace sixty-four trees this fall.  Councilmember Lerner added that even with the removal of so many trees this year, the Village would only be replacing a portion of those trees.  Additionally, residents were advised that trees could be severely trimmed and had the option of keeping or requesting the removal of those trees.  Residents often elect to keep a tree even though it would be left in an ugly state.  Councilmember McGowan explained that the Village always removed trees that were hazardous or could pose a potential problem.

As no one else appeared to speak, Vice Mayor Barsky closed the Public Hearing at 7:44pm.

OLD BUSINESS

Ordinance No. 08-2015, An Ordinance to Amend Ordinance No. 16-2014 Providing for Adjustments of the Annual Budget for the Fiscal Year 2015 and Revising Sums for Operating Expenses was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember O’Keefe.

Discussion:

Councilmember Lerner asked Police Chief Caskey the reason the department was purchasing refurbished laptops as part of the new reporting system update.  Chief Caskey advised that new laptops would cost twice as much as the refurbished models.

Councilmember Johnson asked if there would be additional tree replacement in addition to just replacing Ash trees.  Councilmember Lerner responded in the affirmative.

Councilmember O’Keefe asked what types of trees would be planted. Councilmember Lerner commented that the Tree & Landscape Commission along with Fritz Rizor had developed a list of appropriate tree lawn trees.  The Commission would work with the resident to select a tree from that list.

Councilmember Johnson suggested that if the Village would continue to spend $76,000 annually on lime sludge removal, Council may want to accelerate finding a location for the lime lagoons.  He was in support of resuming the effort to find a solution. He also asked how the items in the ordinance would be funded.  Manager Stilwell indicated that funding for the lime sludge removal would come from the water fund, while the other items would be funded from the General Fund, not the Capital Reserve Fund.

Councilmember O’Keefe asked if the OEPA was still pressuring the Village to resolve the lime sludge issue.  Manager Stilwell indicated that the Village was not in violation, but the state was still concerned.  The Village’s settling tanks were small, so the Village must maintain a hauling schedule to keep lime from overflowing into Raccoon Creek.  The Village would resume working with Township Trustees to identify a location for the lagoons.

Councilmember Montgomery asked if the $25,000 being requested for repairs to the service department ceiling were sufficient.  He also asked if the Village being down to just one sludge hauling option caused the need for additional funding.  Manager Stilwell advised that $25,000 should repair part of the ceiling.  Bids from local contractors have been slow in coming in due to the busy construction season.  Regarding lime sludge hauling, the cycle of hauling caused an additional pick-up this year and with fewer haulers that could cause overall costs to increase.

Vice Mayor Barsky called for a roll call vote to approve Ordinance No. 08-2015:  Johnson (yes); Lerner (yes); McGowan (yes); Montgomery (yes); O’Keefe (yes); Vice Mayor Barsky (yes).  Motion passed 6-0. 

 

NEW BUSINESS      

Resolution No. 2015-39, A Resolution to Permit the Demolition of a Detached, Two-Story Garage at 410 North Granger Street was introduced and moved for approval by Councilmember Johnson.  Second Councilmember Lerner.

No discussion.

Vice Mayor Barsky called for a vote to approve Resolution No. 2015-39.  Motion carried.  Resolution No. 2015-39 was adopted.

Resolution No. 2015-40, A Resolution to Authorize the Village Manager to Auction or Advertise for Bids the Sale of Surplus Equipment was introduced and moved for approval by Councilmember McGowan.  Second Councilmember O’Keefe.

Discussion:

Councilmember O’Keefe asked if staff would let St. Vincent DePaul’s Shelter know of the sale of any bicycles as many of their residents use bicycles for transportation.

Vice Mayor Barsky called for a vote to approve Resolution No. 2015-40.  Motion carried.  Resolution No. 2015-40 was adopted.

Resolution No. 2015-41, A Resolution Adopting a Memorial Bench Policy for the Village of Granville was introduced and moved for approval by Councilmember O’Keefe.  Second Councilmember McGowan. 

Discussion:

Councilmember Johnson asked if this policy was developed as a proactive measure or in response to a complaint.  Planner Terry indicated that this policy was developed as a proactive measure.  The new policy documented how the bench program worked and provided possible bench locations.  A GIS map was developed showing all of the existing benches and future bench locations.  Manager Stilwell added that the policy and mapping would be placed on the website for residents interested in purchasing a bench and for those who want to locate an already purchased bench.

Councilmember O’Keefe suggested that when benches were no longer usable, the memorial plaques could be placed in the Granville Historical Society.  Planner Terry indicated that the plaques were first offered to the purchaser.

Vice Mayor Barsky called for a vote to approve Resolution No. 2015-41.  Motion carried.  Resolution No. 2015-41 was adopted.

Ordinance No. 09-2015, An Ordinance Authorizing the Village Manager to Grant a General Permit to Eileen Arant to License the Use of the Village Right-of-Way at 124 & 126 East Broadway was introduced and a hearing date set for August 19, 2015 by Councilmember Lerner.  Second by Councilmember Johnson.

Vice Mayor Barsky scheduled a public hearing for Ordinance No. 09-2015 for August 19, 2015.

Councilmember Montgomery questioned the difference in measurements from the application, drawing and agreement.  The dimensions were all different.  Planner Terry responded that the surveyor’s information was different from the information provided by the architect.  Vice Mayor Barsky commented that staff should determine the correct dimensions and language.  Law Director King responded that the ordinance language should match the legal description.  Manager Stilwell indicated that staff would reconcile the permit, ordinance, agreement and drawing prior to the next Council meeting. 

Councilmember Johnson stated that a member of the Planning Commission thought Council needed to create a standard of design for ADA accessible ramps for the downtown area for future requests such as a standardized railing design, etc.  Law Director King stated a standardized design would not be practical.  There was not a one size fits all solution.  Each business owner would need to look at their specific ADA compliance needs and make application to Planning Commission individually. 

REVIEW OF MINUTES

Regular Council Meeting Minutes of July 15, 2015

Councilmember McGowan made a motion to approve the July 15, 2015 regular Council meeting minutes.  Second by Councilmember O’Keefe.   Motion carried. 

COMMITTEE REPORTS   

Granville Foundation – (Montgomery)

No report. 

Granville Recreation District – (McGowan)

Councilmember McGowan reported that the GRD was completing the fall programing brochure.

Planning Commission – (Johnson & O’Keefe)

Councilmember Johnson reported that there were four applications approved, three sign applications and one application to replace windows and a door.  Vice Mayor Barsky questioned the lack of discussion by the Planning Commission regarding the sliding, accordion windows proposed by Broadway Pub for their renovation.  Councilmember Johnson and Law Director King affirmed that at an earlier work session with the applicant, the Planning Commission spent a lot of time questioning, addressing and making suggestions regarding the look of the proposed windows. 

Granville Arts Commission – (O’Keefe)

Councilmember O’Keefe reported that the Arts Commission approved the grants submitted.  A grant given to Kiwanis for a fiddle competition, but there were only two participants.   The Ohio Arts Commission grant recently received by the Bryn Du Arts Show will help benefit many other local organizations like the Newark-Granville Symphony and the Granville Recreation District to possibly receive funding in the future. 

Open Space Committee – (O’Keefe)

No report

Tree & Landscape Commission – (Lerner)

No report.

Union Cemetery – (Barsky)

No report.

OTHER COUNCIL MATTERS

Council reviewed and discussed the proposed draft of the property maintenance code. 

Councilmember McGowan asked if this code was based on another property maintenance code.  He asked if this code addressed the negative impact of neglected properties on property values.  More specifically, Councilmember McGowan asked, if a downspout that directed water onto a public sidewalk that, when frozen, caused a hazard to individuals, would that be citable under this code.  Law Director King indicated that staff reviewed a number of codes, but developed a code that was specifically designed for the Village.  This code was left vague regarding any impact on property values as the code was designed to address health, safety, sanitation and blighting issues.  Regarding the downspout issue, that scenario probably would be covered by this policy. 

Law Director King reiterated that the focus of this policy was to establish minimum standards to ensure public safety, to address minimum blighting, nuisance or deteriorating issues in neighborhoods or business areas. 

Vice Mayor Barsky confirmed that the draft had been shared with concerned residents.  Manager Stilwell responded in the affirmative.  The draft was also shared with the Planning Commission. 

Councilmember O’Keefe asked for further explanation regarding tax or special assessment delinquencies under Definitions (b)(1)(C).  Law Director King explained that a property, where fines and assessments exceeded the fair market value of the property, would be considered as a blighted property per the code. 

Councilmember Johnson stated that he was in favor of hearing public comment regarding this policy.  He indicated that many comments and concerns expressed by residents previously may not be addressed by this policy.  However, he indicated his support for a policy that addressed public health, safety and welfare over a policy that tried to address subjective issues.  There were other means to address more cosmetic or aesthetic issues such as the Village proposed Paint the Town program or neighbors helping neighbors. 

Councilmember McGowan responded that he had suggested such a program, but, to date, no such program had been organized.  Law Director King indicated that this policy did allow for the intervention of outside mediation as mentioned on page 12 (a). 

Manager Stilwell confirmed with Council that this draft policy would be introduced at the next Council meeting on August 19th for Council to set a public hearing. 

Mayor Hartfield arrived at the meeting at 8:35pm.

Councilmember Lerner questioned that the impact of the bridge on SR 661 being one lane when school begins could create serious issues as well as the closure of the pathway alongside the bridge.  She asked the completion date of the bridge.  Manager Stilwell indicated that the original completion date was set for August 15th; however, due to permitting and weather issues the project start date was delayed.  ODOT crews were working diligently to complete the bridge as quickly as possible.  The pathway would be closed as that was the staging area for the contractor’s equipment.  An alternate route could be the pathway through the Denison woods that ends across from the high and middle schools. Councilmember Montgomery suggested that the sequence of the bridge traffic light could be changed to allow a longer time span for the northbound traffic to pass through the one-lane zone during morning rush.  Manager Stilwell indicated that he would check on the possibility of changing the light sequence or providing an officer to assist with traffic flow.

Councilmember McGowan advised staff that a wire was exposed at 330 Spellman Street from the fiber optic work.  The fiber optic contractor had also not returned to level, fill and reseed the areas they disrupted as part of that project. 

OTHER STAFF MATTERS 

Manager Stilwell thanked Mayor Hartfield for recognizing the contributions of Planner Terry during the ODOT groundbreaking ceremony for the Cherry Valley interchange project the previous week. 

Council could anticipate a number of road related projects taking place next week including sidewalk replacement for areas on North Pearl Street, completion of the Village’s street improvement project and the start of the South Cherry Street paving project. 

ADJOURNMENT (8:50pm)

Councilmember McGowan made a motion to adjourn.  Second by Councilmember Johnson.  Motion carried.                                                                                              

Council Minutes July 15, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

July 15, 2015

 

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

PLEDGE OF ALLEGIANCE

ROLL CALL 

Those responding to the roll call were Councilmembers Lerner, McGowan, Montgomery, O’Keefe, Vice Mayor Barsky, Mayor Hartfield, Manager Stilwell and Law Director King. 

Vice Mayor Barsky moved to excuse Councilmember Johnson from the meeting.  Second by Councilmember Lerner. 

APPROVAL OF AGENDA 

Councilmember McGowan moved to approve the agenda.  Second by Vice Mayor Barsky.  Motion passed. 

CITIZENS COMMENTS (7:32pm) 

As no one appeared to speak, Mayor Hartfield closed Citizen Comments at 7:33pm.

PRESENTATION 

Mayor Hartfield read a proclamation to the Granville High School girls cross country team for achieving Division II state champions.  Each team participant was recognized - seniors Alyssa Atkinson, Cassidy Carey and Claire Lamb, juniors Micaela DeGenero and Tori Flowers, freshman Maddie Long, Kylee McFarland, Riley Bruck, and Rosie Lamb. 

OLD BUSINESS

There was no Old Business.

NEW BUSINESS    

Resolution No. 2015-38, A Resolution to Authorize the Village Manager to Auction or Advertise for Bids the Sale of Surplus Equipment was introduced and moved for approval by Councilmember McGowan.  Second Vice Mayor Barsky.

Discussion:

Councilmember O’Keefe asked if surplus equipment sells quickly.  Manager Stilwell indicated the equipment often sells quickly because it is well maintained.

Mayor Hartfield called for a vote to approve Resolution No. 2015-38.  Motion carried.  Resolution No. 2015-38 was adopted. 

Ordinance No. 08-2015, An Ordinance to Amend Ordinance No. 16-2014 Providing for Adjustments of the Annual Budget for the Fiscal Year 2015 and Revising Sums for Operating Expenses was introduced and a hearing date set for August 5, 2015 by Councilmember McGowan.  Second by Vice Mayor Barsky.

Mayor Hartfield scheduled a public hearing for Ordinance No. 08-2015 for August 5, 2015.

Councilmember O’Keefe asked if the figures for the repair to the Service Department ceiling were available.  Manager Stilwell indicated that only one bid had been received and it was too high.  Staff would insert a placeholder figure of $25,000 until more quotes were available. 

 

Councilmember Montgomery asked the location of the ceiling collapse.  Manager Stilwell reported that the ceiling in the main truck storage and repair area collapsed on the south side of the building.  The ceiling was, at least, forty years old and collapsed from age. 

REVIEW OF MINUTES 

Regular Council Meeting Minutes of June 17, 2015

Councilmember O’Keefe made a motion to approve the June 17, 2015 regular Council meeting minutes.  Second by Vice Mayor Barsky.   Motion carried. 

MAYOR'S REPORT – June

The Mayor's report for the month of June was presented for review. 

Vice Mayor Barsky moved to accept the June Mayor’s Report. Second by Councilmember McGowan.  Motion carried. 

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 – June

The Manager's Report for the month of June was presented for review. 

Councilmember O’Keefe asked if the capital expenditures being proposed impact the budget with only a two percent increase in income tax revenue.  Manager Stilwell indicated that there would be little impact if any.  Staff projected a budgetary increase of two percent increase for the year and the budget was on target.  These capital expenditures were necessary expenditures.

Councilmember Montgomery commented that the Capital Reserve Fund was maintaining a healthy level based on the original $1.9 deposit.

Councilmember O’Keefe moved to accept the June Manager’s Report.  Second by Councilmember McGowan.  Motion carried. 

Mayor Hartfield instructed the report be filed with the Clerk. A copy of the report will be included as part of these minutes.

COMMITTEE REPORTS   

Granville Foundation – (Montgomery)

No report. 

Granville Recreation District – (McGowan)

Councilmember McGowan reported that the Township Trustees held a dedication of the Rotary pedestrian bridge.  Two trees were planted in the Raccoon Valley Park at the entrance to the bridge.  The Sentinel published several nice articles. 

Planning Commission – (Johnson & O’Keefe)

Councilmember O’Keefe reported that during the approval of a new garage construction, there was discussion that the inclusion of a full bathroom in a garage remodel or new construction was not permitted to prevent these structures from being used as a separate residence.  A handicap ramp, railing and windows were approved for the renovation of the James Store and Broadway Pub.  One commissioner wanted the Village to complete an analysis as to how handicap ramps would be handled for all of the downtown businesses, rather than address each ramp as requested.  Law Director King added that ADA compliance encouraged business owners to make alterations whenever possible.  It was not practical for Village Council to set a policy of how private business owners handled their renovation projects.

Granville Arts Commission – (O’Keefe)

No report. 

Open Space Committee – (O’Keefe)

No report

Tree & Landscape Commission – (Lerner)

No report.

Union Cemetery – (Barsky)

Vice Mayor Barsky reported that the Fannins had completed their work in the cemetery.  A local Boy Scout, for his Eagle Scout project, installed new markers that identify the historical stones in the cemetery.

OTHER COUNCIL MATTERS

Councilmember McGowan advised that the company that installed the fiber optic lines for the school district did not level and return the treelawn areas back to the original condition.  The contractor needs to come back and remove the ruts, level the ground and reseed.  Manager Stilwell indicated that he would check with the contractor and seek remediation. 

Councilmember Montgomery indicated that the resident at 321 North Pearl Street had complaints about the noise generated from traffic driving over the manholes on North Pearl Street.  Manager Stilwell advised that ODOT intended to re-excavate and refinish several manholes along North Pearl Street.

Councilmember O’Keefe reported that many residents had expressed their excitement regarding the newly completed sidewalk on Burg Street.  Manager Stilwell commented that the base course of pavement for Burg Street would be applied on Thursday, July 16, 2015. 

Vice Mayor Barsky asked about the mosquito spraying program for the Village.  Clerk Prasher advised that the Village and Township were part of a mosquito spraying district.  The Licking County Health Department was in charge of determining the number of mosquitos and completing the actual spraying.  The Village and Township work in conjunction with the Health Department to spray as needed.  The Health Department would be spraying the entire Village this evening.  The Village advised residents of each spray application. 

OTHER STAFF MATTERS 

Manager Stilwell advised Council that staff would be interviewing candidates for the Utilities Director position the week of July 27th.  The Bryn Du Commission received a grant for $3,100 from the Ohio Arts Commission for the Bryn Du Art Show.  The Buxton Inn received funding from the Historic Preservation program.  Complete General Construction was awarded the contract for the Cherry Valley interchange.  A groundbreaking reception was planned for Friday, July 31, 2015. 

ADJOURNMENT (8:02pm)

Councilmember McGowan made a motion to adjourn.  Second by Councilmember O’Keefe.  Motion carried.  

Council Minutes June 17, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

June 17, 2015

 

CALL TO ORDER (by Mayor Hartfield at 7:30pm) 

PLEDGE OF ALLEGIANCE

ROLL CALL 

Those responding to the roll call were Councilmembers Lerner, McGowan, Montgomery, O’Keefe, Mayor Hartfield, Planner Terry and Law Director King. 

Councilmember Lerner moved to excuse Vice Mayor Barsky and Councilmember Johnson from the meeting.  Second by Councilmember McGowan. 

APPROVAL OF AGENDA 

Councilmember McGowan moved to approve the agenda.  Second by Councilmember O’Keefe.  Motion passed. 

CITIZENS COMMENTS (7:321pm) 

As no one appeared to speak, Mayor Hartfield closed Citizen Comments at 7:32pm.

PUBLIC HEARING

Ordinance No. 07-2015, An Ordinance to Rescind Chapter 145 of the Codified Ordinances of the Village of Granville, Ohio and Adopt a New Chapter 145 Pertaining to Sewer Regulations and Charges 

As no one appeared to speak, Mayor Hartfield closed the Public Hearing at 7:33pm.

OLD BUSINESS

Ordinance No. 07-2015, An Ordinance to Rescind Chapter 145 of the Codified Ordinances of the Village of Granville, Ohio and Adopt a New Chapter 145 Pertaining to Sewer Regulations and Charges was introduced and moved for approval by Councilmember O’Keefe.  Second by Councilmember McGowan.    

No discussion:  

Mayor Hartfield called for a roll call vote to approve Ordinance No. 07-2015:  Lerner (yes); McGowan (yes); Montgomery (yes); O’Keefe (yes); Mayor Hartfield (yes).  Motion passed 5-0. 

NEW BUSINESS    

Resolution No. 2015-37, A Resolution to Authorize the Non-Permanent Installation of Sidewalk Seating on the Public Sidewalk at 125 East Broadway in Front of the Business Known as “Granville Area Chamber of Commerce” for Calendar Year 2015, Subject to Restrictions was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember Lerner.

Discussion:

Chamber Director Steve Matheny was available to answer any questions from Council.

Councilmember McGowan asked Planner Terry if the Village periodically checked the alignment of the café seating on the north side of East Broadway.  He suggested that the Village spray paint a dot on the sidewalk or mark the locations of the inside parameters of the café seating as the seating expands outside of the designated areas.  Planner Terry responded that the Village checked the seating arrangements and the merchants were provided a map showing the designated areas, but Village staff generally responded to complaints.

Mayor Hartfield called for a vote to approve Resolution No. 2015-37.  Motion carried.  Resolution No. 2015-37 was adopted. 

REVIEW OF MINUTES 

Regular Council Meeting Minutes of June 3, 2015

Councilmember McGowan made a motion to approve the June 3, 2015 regular Council meeting minutes.  Second by Councilmember Lerner.   Motion carried. 

MAYOR'S REPORT – May

The Mayor's report for the month of May was presented for review. 

Councilmember O’Keefe moved to accept the May Mayor’s Report. Second by Councilmember McGowan.  Motion carried.

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 – May

The Manager's Report for the month of May was presented for review. 

Mayor Hartfield thanked Chief Caskey for his new summarized police department report.  The report was more concise and useful.

Councilmember Montgomery moved to accept the May Manager’s Report.  Second by Councilmember McGowan.  Motion carried. 

Mayor Hartfield instructed the report be filed with the Clerk. A copy of the report will be included as part of these minutes.

COMMITTEE REPORTS   

Granville Foundation – (Montgomery)

No report. 

Granville Recreation District – (McGowan)

No report. 

Planning Commission – (Johnson & O’Keefe)

No report. 

Granville Arts Commission – (O’Keefe)

Councilmember O’Keefe reported that the meeting was cancelled. 

Open Space Committee – (O’Keefe)

No report

Tree & Landscape Commission – (Lerner)

Councilmember Lerner reported that the Tree and Landscape Commission were reviewing Village tree plantings for fall.  They were trying to determine the budget for replacing the Ash trees that were removed this year.  The Commission also reviewed a request from a resident for the removal of two trees from his tree lawn.  The Commission discussed how to better handle maintaining the tree inventory program.

Union Cemetery – (Barsky)

No report.

OTHER COUNCIL MATTERS

There were no Other Council Matters. 

OTHER STAFF MATTERS 

There were no Other Staff Matters.

ADJOURNMENT (7:44pm)

Councilmember McGowan made a motion to adjourn.  Second by Councilmember O’Keefe.  Motion carried.  

Council Minutes June 3, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

June 3, 2015

 

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

PLEDGE OF ALLEGIANCE

ROLL CALL

Those responding to the roll call were Councilmembers Johnson, Lerner, McGowan, Montgomery, O’Keefe, Vice Mayor Barsky, Mayor Hartfield, Manager Stilwell and Law Director King. 

APPROVAL OF AGENDA

Councilmember McGowan moved to approve the agenda.  Second by Vice Mayor Barsky.  Motion passed.

CITIZENS COMMENTS (7:32pm)

Ben Rader, 130 West Broadway, requested that Council delay passage of the resolution to extend the lease to the Township for the fire station until the Township Trustees have finished compiling their information and completed an evaluation process.  The analysis previously completed by the Township three years ago recommended that the fire department move to South Main Street.  The South Main Street site would have easier access and be a more efficient and effective facility.  The department could build from a blank slate.  Mr. Rader respectfully asked that Council delay passage of this resolution.

Councilmember O’Keefe indicated that this legislation was intended to support the Trustees and advise them that the Village had no intention to utilize the fire department property for any other purpose now or in the future.  The Trustees could continue to use the property as the fire department.  This legislation was not making any sort of recommendation or implying support for any specific plan. 

As no one else appeared to speak, Mayor Hartfield closed Citizen Comments at 7:42pm.

OLD BUSINESS

There was no Old Business.

NEW BUSINESS    

Ordinance No. 07-2015, An Ordinance to Rescind Chapter 921 of the Codified Ordinances of the Village of Granville, Ohio and Adopt a New Chapter 921 Pertaining to Sewer Regulations and Charges was introduced and a hearing date set for June 17, 2015 by Councilmember Lerner.  Second by Councilmember Johnson.

Mayor Hartfield scheduled a public hearing for Ordinance No. 07-2015 for June 17, 2015.

Councilmember Johnson questioned if the new language regarding residents being asked to disconnect private lines from storm water and sewer drain lines needed to be clarified as to how it would impact residents.  Manager Stilwell indicated that the language had not been altered or added from the previous ordinance.  The language was moved to a new section only.  This procedure has been part of the Code.

Resolution No. 2015-35, A Resolution Authorizing the Village Manager to Enter into an Agreement with the Ohio Department of Transportation Regarding the Cherry Valley Interchange and Execute Contracts as Required was introduced and moved for approval by Vice Mayor Barsky.  Second by Councilmember McGowan.

Discussion:

Councilmembers Johnson and Lerner advised Council that they were an adjacent property owner and business owner, but had no interest in the project.

Vice Mayor Barsky asked what were the Village’s obligations and responsibilities mentioned in Section VII (2) (b).  Also, would the Village be responsible for the maintenance of the traffic signals?  Planner Terry advised that the area the Village would be responsible for was highlighted on the map provided to Council.  The Village would only be responsible for the right-of-way area.  The Village anticipated contracting with the City of Newark for the maintenance of the traffic signals.  Those particulars had yet to be documented.

Mayor Hartfield asked about the process should Council decide to request a revision in the type of fencing proposed for the project.  She was supportive of a more decorative fencing improvement.  Manager Stilwell responded that Welsh Hills School had requested an upgraded fence.  Jehovah’s Witness Church was contacted and asked their opinion regarding the fence.  They did not have a preference, but were not interested in contributing to an upgraded fence.  ODOT would be accepting bids for the project in July, 2015.  The Village obtained cost estimates for an upgraded fence.  ODOT would pay for the basic fence and the Village would be responsible for the additional costs of any fence improvements.

Councilmember Montgomery was supportive of an upgraded fence as that would be a gateway entrance to the Village.

Councilmember Johnson asked the type of vegetation included with this project.  Planner Terry advised that ODOT would charge the Village for any vegetation requested.  It would be more cost effective if the Village installed vegetation in compliance with ODOT regulations.

Vice Mayor Barsky commented that the pedestrian pathway was not included in the contract.  Planner Terry advised that it was part of the overall project and could not be removed.

Mayor Hartfield called for a vote to approve Resolution No. 2015-35.  Motion carried.  Resolution No. 2015-35 was adopted.

Resolution No. 2015-35, A Resolution in Support of the Granville Township Fire Department’s Continued Use of the Property at 133 North Prospect Street was introduced and moved for approval by Councilmember Johnson.  Second by Vice Mayor Barsky.

Discussion:

Councilmember O’Keefe commented that it should be helpful to the township Trustees to know that the Village was willing to extend the lease agreement.

Councilmember McGowan stated that he was not in support of a long term (99 year) lease or the removal of any buildings.  He did state that this resolution was not agreeing to any decisions, changes or conditions of a proposal. 

Law Director King commented that it was prudent for the Township Trustees to know that the Village had no previous intentions to use that property for any other purpose. 

Councilmember Johnson indicated that many other factors would need to be considered before the Village could make any decision or recommendation. 

Councilmember Montgomery confirmed that Council could vote no regarding this resolution if there was another purpose or use of this property.

Vice Mayor Barsky added that Council had no alternative plans for this property.  This legislation was an affirmation that this property could continue to be used by the fire department. 

Mayor Hartfield commented that she was willing to extend the lease.  She did not anticipate that this legislation would do any harm, but it could be out of sequence in the Township’s process.  This resolution did not encourage or discourage any particular decision on how the fire department should function, now or in the future.

Mayor Hartfield called for a vote to approve Resolution No. 2015-36.  Motion carried.  Resolution No. 2015-36 was adopted.

REVIEW OF MINUTES

Regularly Scheduled Meeting of May 20, 2015

Vice Mayor Barsky asked if the minutes were correct regarding Village salt usage.  The Village was purchasing 200 tons of salt through the state purchasing program and would secure an additional 200 tons through other vendors.  She questioned if the Village used 400 tons of salt during a winter.  Manager Stilwell responded in the affirmative.

Councilmember Johnson made a motion to approve the May 20, 2015 Council meeting minutes.  Second by Councilmember Montgomery.   Motion carried. 

COMMITTEE REPORTS   

 

Granville Foundation – (Montgomery)

No report. 

Granville Recreation District – (McGowan)

Councilmember McGowan reported that the Rec District summer programs were in full swing. 

Planning Commission – (Johnson & O’Keefe)

Councilmember O’Keefe reported that two applications were presented and approved.  One application was for the installation of a wrought iron fence and railing for a porch.  The second application approved the removal of a concrete patio and the installation of a wooden deck.

Granville Arts Commission – (O’Keefe)

Councilmember O’Keefe reported that a grant of $500 was given to the new Art & Wine Affair.  Councilmember Montgomery asked if funding a for-profit business was conducive with the mission statement of the Commission.

Open Space Committee – (O’Keefe)

No report

Tree & Landscape Commission – (Lerner)

Councilmember Lerner reported that a West Elm Street resident wanted the trees in his treelawn removed now that the AEP/Asplundh line clearing process was over.  The resident felt the trees were very ugly now.  Vice Mayor Barsky suggested that Village staff may need to complete a review of Village trees to determine if additional trees may need to be taken down.  Councilmember Johnson advised that Asplundh advised a resident that once they removed the trees, the Village would be back to plant trees by June 15, 2015.

Union Cemetery – (Barsky)

Vice Mayor Barsky reported that the Union Cemetery work day would be Saturday, June 6th beginning at 9:00am. 

OTHER COUNCIL MATTERS

Vice Mayor Barsky asked the status of her question regarding language related to retaliation in the Employee Manual.  Law Director King commented that he thought there was no change needed per Labor Counsel Downes, but he would check. 

Councilmember O’Keefe commended Service Director Hopkins for his efforts in communicating the upcoming Burg Street project to all of the affected neighbors.

OTHER STAFF MATTERS 

There were no Other Staff Matters. 

ADJOURNMENT (8:34pm)

Councilmember McGowan made a motion to adjourn.  Second by Councilmember Johnson.  Motion carried.  

Council Minutes May 20, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

May 20, 2015

 

CALL TO ORDER (by Mayor Hartfield at 7:30pm)

PLEDGE OF ALLEGIANCE

ROLL CALL 

Those responding to the roll call were Councilmembers Johnson, Montgomery, O’Keefe, Vice Mayor Barsky, Mayor Hartfield, Manager Stilwell and Law Director King. 

Vice Mayor Barsky moved to excuse Councilmembers Lerner and McGowan from the meeting.  Second by Councilmember Johnson.  Motion passed. 

APPROVAL OF AGENDA 

Vice Mayor Barsky moved to move Resolution No. 2015-31 to follow the Public Hearing from Ordinance No. 06-2015.  Second by Councilmember Johnson.  Motion passed.

CITIZENS COMMENTS (7:35pm) 

As no one appeared to speak, Mayor Hartfield closed Citizen Comments at 7:36pm.

PUBLIC HEARING

Ordinance No. 06-2015, An Ordinance to Rescind Chapter 145 of the Codified Ordinances of the Village of Granville, Ohio and Adopt a New Chapter 145 Pertaining to Personnel Practices 

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

Resolution No. 2015-31, A Resolution of Appreciation to Seth Patton for His Contributions to the Granville Community was introduced and moved for approval by Vice Mayor Barsky.  Second by Councilmember Johnson. 

Discussion:

Council expressed their heartfelt thanks to Mr. Patton for his years of service to Denison University and the Village of Granville.  Mr. Patton thanked Council for their efforts throughout the years to work with Denison

Mayor Hartfield called for a vote to approve Resolution No. 2015-31.  Motion carried.  Resolution No. 2015-31 was adopted.

OLD BUSINESS

Ordinance No. 06-2015, An Ordinance to Rescind Chapter 145 of the Codified Ordinances of the Village of Granville, Ohio and Adopt a New Chapter 145 Pertaining to Personnel Practices was introduced and moved for approval by Vice Mayor Barsky.  Second by Councilmember O’Keefe.    

Discussion:  

Vice Mayor Barsky indicated that she had advised Clerk Prasher of a couple of editorial changes.  Those editorial changes were provided to Council for their review.

Mayor Hartfield called for a roll call vote to approve Ordinance No. 06-2015:  Johnson (yes); Montgomery (yes); O’Keefe (yes); Vice Mayor Barsky (yes); Mayor Hartfield (yes).  Motion passed 5-0. 

NEW BUSINESS      

Resolution No. 2015-32, A Resolution Adopting a Personnel Manual for the Village of Granville was introduced and moved for approval by Councilmember Johnson.  Second by Vice Mayor Barsky.

Discussion:

Vice Mayor Barsky had several question.  On page 8, Section F Retaliation, Vice Mayor Barsky had a question about the clarity of language in that section.  Labor Counsel Jonathan Downes indicated that he would look into clarifying the language.  On page 36, Section C Leave Entitlement, number 3, Vice Mayor Barsky commented that if the Village were interested in providing FMLA leave to employees that section may need to be changed as the Village did not generally have fifty or more employees.  Finance Director Kraner indicated that the Village had thirty-eight full-time employees with a fluctuating number of part-time employees.  It was recommended that Council move forward with the legislation.  Counsel Downes will look into these issues and provide a possible amendment to this resolution in the next several weeks.

Mayor Hartfield called for a vote to approve Resolution No. 2015-32.  Motion carried.  Resolution No. 2015-32 was adopted.

Resolution No. 2015-33, A Resolution to Authorize the Non-Permanent Installation of a Sidewalk Café on the Public Sidewalk at 138 North Prospect Street in Front of the Business Known as “Mai Chau on Prospect” for Calendar Year 2015, Subject to Restrictions was introduced and moved for approval by Councilmember Montgomery.  Second by Councilmember O’Keefe. 

Discussion:

Councilmember O’Keefe asked when the restaurant would be opening.  Restaurant owner Scott Wilkins indicated that he hoped to open mid or late June. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-33.  Motion carried.  Resolution No. 2015-33 was adopted. 

Resolution No. 2015-34, A Resolution Authorizing the Village of Granville, Ohio, to Participate in the Ohio Department of Transportation Cooperative Purchasing Program was introduced and moved for approval by Councilmember O’Keefe.  Second by Vice Mayor Barsky.

Discussion:

Manager Stilwell stated that staff was using the state purchasing program this year to try and reduce the cost of salt.  Last year, the price of salt drastically increased.  The Village would be responsible for purchasing two hundred tons of salt through the program.  Staff would look to other outside vendors for the remaining two hundred tons that were generally used in a season.

Mayor Hartfield called for a vote to approve Resolution No. 2015-34.  Motion carried.  Resolution No. 2015-34 was adopted. 

REVIEW OF MINUTES

Joint Union Cemetery Meeting of May 6, 2015

Vice Mayor Barsky made a motion to approve the May 6, 2015 Joint Union Cemetery meeting minutes as amended.  Second by Councilmember O’Keefe.   Motion carried.

Regularly Scheduled Meeting of May 6, 2015

Vice Mayor Barsky made a motion to approve the May 6, 2015 Council meeting minutes.  Second by Councilmember O’Keefe.   Motion carried. 

MAYOR'S REPORT – April

The Mayor's report for the month of April was presented for review.

Vice Mayor Barsky asked about the increased number of parking violations.  Chief Caskey advised that the department was no longer handing out warnings.  Officers were now issuing citations. 

Councilmember O’Keefe moved to accept the April Mayor’s Report. Second by Councilmember Johnson.  Motion carried.

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. 

Vice Mayor Barsky moved to accept the April Manager’s Report.  Second by Councilmember Johnson.  Motion carried. 

Mayor Hartfield instructed the report be filed with the Clerk. A copy of the report will be included as part of these minutes.

COMMITTEE REPORTS   

Granville Foundation – (Montgomery)

Councilmember Montgomery reported that the Foundation approved their 2015 budget.  There was a breakfast for the 2014 grant recipients.  Two Foundation scholarships were awarded to two Granville High school students. 

Granville Recreation District – (McGowan)

No report. 

Planning Commission – (Johnson & O’Keefe)

No report. 

Granville Arts Commission – (O’Keefe)

Councilmember O’Keefe reported that a $1,000 grant was awarded to Kiwanis for their upcoming violin competition.  The Arts Commission also discussed the barn at Bryn Du.  The barn may have been a Sears catalog barn.  They encourage the community to take a tour of the barn.

Open Space Committee – (O’Keefe)

No report

Tree & Landscape Commission – (Lerner)

No report.

Union Cemetery – (Barsky)

Vice Mayor Barsky reported that the Union Cemetery work day would be June 6th beginning at 9:00am.  The Boy Scout working on redeveloping the walking tours of the cemetery would be increasing his scope of work.

OTHER COUNCIL MATTERS

Councilmember Johnson asked if Council was interested in providing the Township Trustees with a statement regarding the continued long-term use of the downtown fire department property.  He stated that he hoped Council could provide a statement so the Trustees could move forward with their planning.  Mayor Hartfield agreed, but the Trustees had requested time to complete their research.   Manager Stilwell advised that any statement from Council would not be about how the Trustees should proceed.  The statement would only address whether the Village was interested in letting the Township continue to lease Village owned property or whether the Village had alternate uses for the property.  Council requested that the Manager draft a resolution stating the Village was in complete support of allowing the Township to continue to lease Village owned property. 

Discussion of the Amendments to the Sewer Code

Manager Stilwell advised Council that this ordinance was a continuation of the updating process of the Village Code.  The water code section was updated last year.  This legislation updates the sewer code.  There were fewer changes needed in the sewer code.  Most changes were made to improve and clarify language and to bring the code into compliance with all state and federal regulations.  One of the major changes included the updating of the definitions section. 

Vice Mayor Barsky questioned the last line of the paragraph on page five in section 912.02(3).  That language was completely unclear.  Manager Stilwell indicated that staff would make the necessary changes. 

Councilmember Montgomery asked about the impact of the Middleton facility when opened.  Utilities Director Taylor advised that Middleton was anticipated to increase usage by ten percent, but the plant was not currently running anywhere near capacity. 

Councilmember O’Keefe asked if sewer could be designed to eliminate noxious odors.  Utilities Director Taylor replied that controlling odors was a difficult process due to ventilation issues and removing odors completely was not possible.  The Village does use additives and various other processes to help reduce odors. 

Council thanked Utilities Director Taylor for his service over the past three years.  He made great progress in updating the sewer plant.  Utilities Director Taylor thanked Council and the Manager for being cooperative and collaborative in helping him make these improvements. 

OTHER STAFF MATTERS

There were no Other Staff Matters.

EXECUTIVE SESSION 

Councilmember Johnson moved to enter into Executive Session, pursuant to ORC 121.22(G)(1) – “to conference with the Law Director concerning a dispute involving the public body that is the subject of pending or imminent court action.” Second by Councilmember O’Keefe. 

Mayor Hartfield called for a roll call vote:  Montgomery – yes; O’Keefe – yes; Johnson – yes; Barsky – yes; Hartfield – yes. Motion carried 5-0. Time in: 8:23pm. 

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

Mayor Hartfield called for a roll call vote: O’Keefe – yes; Johnson – yes; Montgomery – yes; Barsky – yes; Hartfield – yes. Motion carried 5-0. Time in: 8:32pm.

Council returned to the regular session. 

ADJOURNMENT (8:33pm)

Councilmember Johnson made a motion to adjourn.  Second by Vice Mayor Barsky.  Motion carried.                                                                                                  

Council Minutes May 6, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

May 6, 2015

 

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

ROLL CALL 

Those responding to the roll call were Councilmembers Johnson, Montgomery, O’Keefe, Vice Mayor Barsky, Mayor Hartfield, Manager Stilwell and Law Director King. 

Vice Mayor Barsky made a motion to excuse Councilmembers Lerner and McGowan from the meeting.  Second by Councilmember O’Keefe.  Motion passed. 

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

APPROVAL OF AGENDA

Vice Mayor Barsky moved to approve the agenda.  Second by Councilmember Johnson.  Motion passed. 

CITIZENS COMMENTS (7:32pm) 

As no one appeared to speak, Mayor Hartfield closed Citizen Comments at 7:33pm.

PRESENTATION

Chief Caskey provided a brief introduction of the two new police officers.  Mayor Hartfield swore in Reserve Officer Cara Butts and Part-time Officer Taylor Gray Dunlap.  Council thanked Chief Caskey for providing the introductions. 

Chief Caskey gave a presentation of the new MARCS radios system.  The function and quality provide improved communication within the department and with other entities.  Through the efforts of Interim Chief Distelzweig and Fire Chief Hussey, the Village was able to receive a grant of $98,000 to cover the cost of twenty-one hand held radios, six car radios and one base unit.  The previous radios provided spotty coverage, but the MARCS system provided long range coverage and the ability to connect with other departments throughout the state.  These radios provide increased efficiency and safety for the officers.  Manager Stilwell added that Sergeant Blackledge handled a lot of the work in following through and securing these radios.  Council thanked Chief Caskey for his presentation and Sergeant Blackledge for all of his diligent work.

OLD BUSINESS

There was no Old Business. 

NEW BUSINESS

Ordinance No. 06-2015, An Ordinance to Rescind Chapter 145 of the Codified Ordinances of the Village of Granville, Ohio and Adopt a New Chapter 145 Pertaining to Personnel Practices was introduced and a hearing date set for May 20, 2015 by Vice Mayor Barsky.  Second by Councilmember O’Keefe.          

Mayor Hartfield scheduled a public hearing for Ordinance No. 06-2015 for May 20, 2015. 

Councilmember McGowan asked what the new items in the code revision were compared to the old language.  Manager Stilwell stated that there were few new items, mostly a clarification in the language.

Councilmember O’Keefe thanked Finance Director Kraner for her assistance in responding to questions and providing clarification.

REVIEW OF MINUTES 

Regularly Scheduled Meeting of April 15, 2015

Councilmember Johnson made a motion to approve the April 15, 2015 minutes.  Second by Councilmember McGowan.   Motion carried. 

COMMITTEE REPORTS   

Granville Foundation – (Montgomery)

Councilmember Montgomery reported that the Foundation received an update on the Granville mobile app.  There were six hundred downloads to date with three thousand sessions. 

Granville Recreation District – (McGowan)

No report.

Planning Commission – (Johnson & O’Keefe)

No report. 

Granville Arts Commission – (O’Keefe)

No report.

Open Space Committee – (O’Keefe)

No report

Tree & Landscape Commission – (Lerner)

Mayor Hartfield reported that Arbor Day was celebrated at the Granville Intermediate School on April 24, 2015 with the planting of a Maple tree.

Union Cemetery – (Barsky)

No report.

OTHER COUNCIL MATTERS

Mayor Hartfield asked if someone could attend the Licking County Aging Task Force breakfast meeting on May 13, 2015 at 9:00am to read a proclamation for a local Granville resident who was being honored.  Councilmember O’Keefe advised that she could attend. 

OTHER STAFF MATTERS 

Manager Stilwell indicated that there were many municipal projects coming up this summer with the ODOT SR 661 project already underway.  ODOT was moving forward with the project quickly and well.  The Village also was working on storm water drainage in the Thresher Street area, working with St. Luke’s regarding their basement entrance repair in Opera House Park, completing repairs to the T J Evans bike path near Wildwood Park and working with the Granville Inn regarding manhole repairs on North Granger Street.  The Township would also be inviting Village Council and staff to the ribbon cutting of the Raccoon Creek pedestrian bridge. 

Council asked about the resignation of Utilities Director Joe Taylor and acknowledged his excellent service to the Village.  Manager Stilwell invited Council to a luncheon for Director Taylor on May 29th to celebrate his successful tenure as Utilities Director.  He was instrumental in turning the wastewater plant around.  Staff would begin the process of searching for a new Utilities Director. 

ADJOURNMENT (8:03pm) 

Councilmember McGowan made a motion to adjourn.  Second by Councilmember Johnson.  Motion carried.                                                                                              

Council Minutes April 15, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

April 15, 2015

 

CALL TO ORDER (by Mayor Hartfield at 7:30pm)

PLEDGE OF ALLEGIANCE

ROLL CALL

Those responding to the roll call were Councilmembers Johnson, Lerner, Montgomery, O’Keefe, Vice Mayor Barsky, Mayor Hartfield, Manager Stilwell and Law Director King.

Vice Mayor Barsky moved to excuse Councilmember McGowan.  Second by Councilmember Johnson.  Motion passed.

APPROVAL OF AGENDA 

Councilmember O’Keefe moved to approve the agenda.  Second by Vice Mayor Barsky.  Motion passed. 

CITIZENS COMMENTS (7:31pm) 

As no one else appeared to speak, Mayor Hartfield closed Citizen Comments at 7:33pm.

PUBLIC HEARING

Ordinance No. 04-2015, An Ordinance to Amend Section 1165.03 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Open Space District Standards

Judy Preston, 54 Tow Path Road, appreciated Council attempting to close a possible loophole, but as a property owner she felt like some of her rights were being taken away.  She owned 35-acres of property with limited road frontage on an S-curve.  She had hoped to divide that property into three lots, but would be unable to subdivide as her road frontage would not be sufficient.  She asked that the 100-foot minimum be reduced or removed. 

Robert Musick, 1767 Hallie Lane, agreed with Ms. Preston.  He, too, hoped to divide his property into an additional three or four lot, but this legislation would prevent that development.  He asked that these lot frontage changes not be changed.

Planner Terry advised that the proposed legislation requested minimal lot frontage for residential and agricultural lots of 100-feet.  Union Township required 300-foot frontage and Granville Township required 250-foot frontage for comparable zoning districts. 

Councilmember O’Keefe asked the rationale for this change to the code.  Planner Terry indicated that this requirement was to prohibit land locked parcels without road frontage.  All other Village zoning districts required minimum frontage. 

Ordinance No. 05-2015, An Ordinance to Amend Section 1171.02 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Planned Unit Development Uses

As no one else appeared to speak, Mayor Hartfield closed Citizen Comments at 7:45pm.

OLD BUSINESS

Ordinance No. 04-2015, An Ordinance to Amend Section 1165.03 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Open Space District Standards was introduced and moved for approval by Vice Mayor Barsky.  Second by Councilmember Johnson.    

Discussion:  

Councilmember Johnson commented that the proposed change represented good planning; however, he did hear the concerns expressed by residents. 

Councilmember O’Keefe stated that any resident could apply for a variance from the 100-foot frontage requirement.  Law Director King advised that one of the BZBA variance questions asked was “Whether the property owner purchased the property with knowledge of the zoning restriction.”   This question would not be applicable to residents.  Manager Stilwell added that if there were topographical issues or irregular shaped lots that too could be considered as part of a variance application. 

Councilmember Montgomery indicated that requiring road frontage for all properties was a good idea.  There was also a remedy in place for residents to use to make alterations because of the requirement. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 04-2015:  Johnson (yes); Lerner (yes); Montgomery (yes); O’Keefe (yes); Vice Mayor Barsky (yes); Mayor Hartfield (yes).  Motion passed 6-0. 

Ordinance No. 05-2015, An Ordinance to Amend Section 1171.02 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Planned Unit Development Uses was introduced and moved for approval by Councilmember Johnson.  Second by Vice Mayor Barsky.          

Discussion:  

Councilmember O’Keefe commented that it was a good idea to mix business and residential property owners.  It provided property owners with options and diversified an area. 

Vice Mayor Barsky indicated that this addition of residential housing as a Conditional Use allowed for more possibility for residents and property owners.

Mayor Hartfield called for a roll call vote to approve Ordinance No. 05-2015:  Lerner (yes); Montgomery (yes); O’Keefe (yes); Johnson (yes); Vice Mayor Barsky (yes); Mayor Hartfield (yes).  Motion passed 6-0. 

NEW BUSINESS

Resolution No. 2015-26, A Resolution To (Re)Appoint Members to the Bryn Du Commission was introduced and moved for approval by Vice Mayor Barsky.  Second by Councilmember O’Keefe. 

Discussion:

Council indicated their appreciation for the work that Candi Moore and Laurence Bicking have done for the Commission and thanked them for their continued service.

Mayor Hartfield called for a vote to approve Resolution No. 2015-26.  Motion carried.  Resolution No. 2015-26 was adopted. 

Resolution No. 2015-27, A Resolution to Permit the Demolition of a Detached Garage at 114 Thresher Street was introduced and moved for approval by Councilmember Johnson.  Second by Vice Mayor Barsky.

Discussion:

Vice Mayor Barsky commented that the permit was fairly straight forward and the garage was not an old structure. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-27.  Motion carried.  Resolution No. 2015-27 was adopted. 

Resolution No. 2015-28, A Resolution Encouraging Residents and Business Owners to Phase Out the Use of Polystyrene, Foam, Disposable, Expanded Containers, Food Service Ware, Single-Use Plastic Bags and Encourage the Use of Reusable Checkout Bags was introduced and moved for approval by Councilmember O’Keefe.  Second by Vice Mayor Barsky.

Discussion:

Councilmember Lerner thought that this initiative was a great idea. 

Vice Mayor Barsky indicated that she had contacted Clerk Prasher to remove the word “paper” from the fourth Whereas and from Section II as this type of paper is not biodegrade once in landfills due to the lack of oxygen.   She had also asked Planner Terry to determine if there were any plastic composting facilities in the state of Ohio. 

Councilmember Johnson confirmed that this legislation was just recommending that polystyrene be limited rather than banning.  Manager Stilwell responded in the affirmative. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-28.  Motion carried.  Resolution No. 2015-28 was adopted. 

REVIEW OF MINUTES 

Regularly Scheduled Meeting of April 1, 2015

Councilmember O’Keefe made a motion to approve the April 1, 2015 minutes.  Second by Councilmember Johnson.   Motion carried. 

MAYOR'S REPORT – March

The Mayor's report for the month of March was presented for review. 

Vice Mayor Barsky moved to accept the March Mayor’s Report. Second by Councilmember O’Keefe.  Motion carried. 

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. 

Councilmember O’Keefe asked if the decrease in revenue was normal.  Manager Stilwell indicated that it was normal for revenues in March to fluctuate. 

Vice Mayor Barsky commented that the concern about the decrease in the income levels of incoming residents could be a problem for future revenue predictions.

Councilmember Johnson moved to accept the March Manager’s Report.  Second by Councilmember Montgomery.  Motion carried. 

Mayor Hartfield instructed the report be filed with the Clerk. A copy of the report will be included as part of these minutes.

COMMITTEE REPORTS 

Granville Foundation – (Montgomery)

No report. 

Granville Recreation District – (McGowan)

No report.

Planning Commission – (Johnson & O’Keefe)

Councilmember Johnson reported that there were five applications that were approved including a fence on West Elm Street, an addition on East Maple Street, a sandstone retaining wall on West Elm Street and a sign and landscaping for The Granville Inn.

Granville Arts Commission – (O’Keefe)

No report.

Open Space Committee – (O’Keefe)

No report

Tree & Landscape Commission – (Lerner)

Councilmember Lerner reported that the Commission was planning the annual Arbor Day celebration for April 24th.  Denison University was hosting a Campus Trees on Campus Thought Provoking Tour for April 23rd at 11:45am beginning at Slater Hall.

Union Cemetery – (Barsky)

Vice Mayor Barsky reported that the Ash tree at the front of the cemetery was scheduled for removal on Friday, April 17th.  Service Director Hopkins and the Board would be there watching the removal.  The Fannins would be returning to Granville June 4th through 24th with the annual work day scheduled for June 6th.  Vice Mayor Barsky asked Manager Stilwell if Service Director Hopkins would again secure an intern for the summer.

OTHER COUNCIL MATTERS

Councilmember Montgomery asked when the Village water fountains would be installed.  Manager Stilwell advised the fountains would be installed when the threat of frost had passed. 

Councilmember Johnson wanted to express his appreciation for the crew working to replace a fire hydrant to not tear up the yard by using wood planks underneath their equipment.

Personnel Policy Discussion

Manager Stilwell advised Council that the current Village employee personnel policy was last updated in 2002.  Staff was recommending updating the Code to reflect new laws and guidelines required by state and federal laws.  Also, staff was recommending the development of an employee handbook that would remove the managerial portions of employee policies from the Granville Codified Ordinances.  Council was provided with an updated version of the new personnel ordinance for the Village code book and a copy of the proposed employee handbook.  With the administrative policies removed from the Village code, updates could be made easily.  Council would still review all changes to either the Village personnel code or the employee handbook.   The Village Labor Counsel Jonathan Downes provided recommended materials to staff from other municipal handbooks.   Proposed changes to the current code include:

  • Clarification of vacation accrual,
  • The new accrual rate of five weeks of vacation for employees with twenty years of service,
  • Swapping of holiday time off (i.e. giving up Columbus Day as a current holiday and taking the day after Thanksgiving off)
  • Clarification of existing language.

These proposed changes were reviewed by the Economic, Finance and Personnel Committee of Council, both the AFSCME and FOP unions and all department heads. 

Vice Mayor Barsky asked if the process would be to submit an ordinance to Council to amend the portion of the personnel code still in the Village code book and a resolution to establish an employee handbook.  She also asked if there would be a periodic review of the standards going forward.  Manager Stilwell responded in the affirmative. The policy and code could be reviewed perhaps every five years. 

Councilmember Johnson asked if changes to the employee handbook would be made by resolution and with Council review and approval moving forward.  Manager Stilwell responded in the affirmative. 

Councilmember O’Keefe asked several questions.

  • Who was the designee for the Village Manager?  Manager  Stilwell advised that anyone he would designate.
  • Why was compensatory time paid to exempt employees at one- and one-half hours?  Finance Director Kraner explained that exempt employees could not be paid overtime, but they could receive compensatory time off at a rate of one- and one-half time, which was not something new, but a standard set by the fair labor laws.
  • Who are exempt employees that would receive compensatory time and why?  Manager Stilwell explained that department head staff were exempt employees.  If they worked overtime or as in the case of Clerk Prasher working on Saturday to cover the P2O event, a day off would be given to allow of that extra time worked.
  • Why was “becoming intoxicated on municipal property” removed from the policy?  Manager Stilwell advised that staff would review that language.

Councilmember Montgomery questioned the safety of riding to the Granville Intermediate School for Bike to School day.  Mayor Hartfield advised that the Bike to School day event would only include a ride from the Bryn Du Mansion to the Granville Elementary School.  Manager Stilwell added that police officers would be in place at street crossings to insure the safety of all riders.  Chief Caskey stated that he had worked on the logistics with Planner Terry to ensure safety. 

Councilmember Lerner suggested that the language in Section 145.10 (8) needed clarification.  The language currently suggested that employees could work at a job consistent with their Village position while on paid sick leave.  Councilmember Lerner also asked if staff had considered offering Paid Time Off instead of sick time so employees could take a day off without being sick.  Manager Stilwell responded that employees should accumulate sick time in order to cover any unforeseen illness, accident or injury.  The current benefit was also very generous and allowed for employees to receive payment for a portion of any unused sick leave upon retirement. 

Mayor Hartfield asked about service credit for vacation for employees who worked for other state or local government entities and/or aggregated vacation for employees who worked for the Village, had a break and then returned to the Village.  Manager Stilwell responded that sick time is carried over from one government position to the next; however, vacation time was not.

OTHER STAFF MATTERS

There were no Other Staff Matters 

ADJOURNMENT (8:59pm)

  Councilmember Johnson made a motion to adjourn.  Second by Vice Mayor Barsky.  Motion carried.  

                                                            

Council Minutes April 1, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

April 1, 2015

 

CALL TO ORDER (by Vice Mayor Barsky at 7:30pm) 

PLEDGE OF ALLEGIANCE

ROLL CALL

Those responding to the roll call were Councilmembers Johnson, Lerner, McGowan, Montgomery, O’Keefe, Vice Mayor Barsky, Manager Stilwell and Law Director King. 

Councilmember McGowan moved to excuse Mayor Hartfield.  Second by Councilmember Lerner.  Motion passed. 

APPROVAL OF AGENDA 

Councilmember McGowan moved to approve the agenda.  Second by Councilmember Johnson.  Motion passed. 

CITIZENS COMMENTS (7:31pm)

Tim Klingler, 120 East Elm Street, asked to address Council regarding a couple local traffic issues.  He expressed concern about the reckless driving in the historic part of the Village and the number of U-turns in the downtown business area.  Mr. Klingler indicated that he had repeatedly observed excessive speed, quick starts and stops at stop signs, no stops at stop signs and individuals driving through crosswalks while pedestrians were present.  He also stated that he had observed many U-turns in the downtown area with several resulting in near accidents.  He asked that Village Council and the Granville police department focus special attention on these issues. 

Bob Johnson, 218 East Elm Street, thanked Council and Village staff for the traffic study.  He commented that the study was complete, comprehensive and well done.  On East Elm Street, he noted that there were as many as 17% of the drivers who were non-compliant with the speed limit.  He felt this was a high number when compared to the total number of cars going through the area.  He also indicated his support for temporary speed bumps.  He also agreed with Chief Caskey’s recommendation for increased enforcement.  Mr. Johnson asked about the status of the property maintenance code.  Law Director King responded that he had met with a couple of neighbors last week.  A final draft of the code should be complete next week.  Manager Stilwell added that he anticipated the installation of the speed bumps on April 15th.

Councilmember McGowan asked if there would be signage identifying the speed bumps.  Manager Stilwell responded in the affirmative.

Councilmember Montgomery expressed his appreciation for the attendance of residents at Council meetings.  He also commented that he had noticed a decline in politeness of drivers.  Granville was a pedestrian community and he hoped that Council could encourage a friendlier attitude toward pedestrians.

Chief Caskey added that the police department would be getting out the word that drivers within the Village would need to reduce their speed.  The department would be increasing enforcement through both warnings and citations.

As no one else appeared to speak, Vice Mayor Barsky closed Citizen Comments at 7:43pm.

PRESENTATION

Mike Darling of Rumpke Waste and Recycling Services spoke to Council regarding Rumpke’s recycling center in Columbus.  Rumpke encourages the diversion of recycling materials from the general trash flow.  They offer a variety of program options to encourage customers to recycle.  Rumpke has the only recycling facility in central Ohio.  They recycle aluminum cans, steel cans, glass, plastic bottles (1-7), newspapers, magazines, paper and cardboard.  He appreciated Council’s invitation and would be happy to work with the Village regarding the upcoming single-trash hauler bid process.  He also encouraged Councilmembers to visit Rumpke’s facility. 

Councilmember O’Keefe asked about other plastic recyclable materials and if they should be included in the co-mingled recycling bins.  Mr. Darling indicated that Rumpke preferred only plastic bottles, but understood that other materials were included.  There was not a strong market for the other materials.  Rumpke preferred to handle only a limited quantity. 

Mr. Rogers asked if commercial recycling was available.  Mr. Darling advised that commercial recycling was available and he would be happy to work with businesses to set up a recycling program.

OLD BUSINESS

There was no Old Business.

NEW BUSINESS

Ordinance No. 04-2015, An Ordinance to Amend Section 1165.03 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Open Space District Standards was introduced and a hearing date set for April 15, 2015 by Councilmember  McGowan.  Second by Councilmember Lerner.          

Vice Mayor Barsky scheduled a public hearing for Ordinance No. 04-2015 for April 15, 2015. 

Ordinance No. 05-2015, An Ordinance to Amend Section 1171.02 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Planned Unit Development Uses was introduced and a hearing date set for April 15, 2015 by Councilmember  McGowan.  Second by Councilmember O’Keefe.          

Vice Mayor Barsky scheduled a public hearing for Ordinance No. 05-2015 for April 15, 2015. 

Resolution No. 2015-24, A Resolution Supporting the Principles of the Next Century Cities Project and Confirming the Village of Granville’s Interest in Participating and Benefitting from Participation in the Project was introduced and moved for approval by Councilmember O’Keefe.  Second by Councilmember McGowan.

Discussion:

Councilmember O’Keefe asked if the fiber optic service would be run just for the Village.  Clerk Prasher responded in the affirmative.  Windstream had advised that fiber optic lines had been run to the Village’s eastern border.  The Village discussed with Windstream if a timeline for extending the service had been determined.  That information was not yet available. 

Councilmember Montgomery asked about any current cable franchise.  Clerk Prasher advised that the state had discontinued that ability to set up cable franchises.  Manager Stilwell responded that the FCC was currently dealing with the issue of whether the internet was a public utility versus a private commodity.  The Village’s participation with the Next Century Cities project would allow staff and Council to keep up-to-date with current technology trends and possible options.

Vice Mayor Barsky called for a vote to approve Resolution No. 2015-24.  Motion carried.  Resolution No. 2015-24 was adopted. 

Resolution No. 2015-25, A Resolution Affirming the Decision of the Council of the Village of Granville to Affirm with Modifications the Board of Zoning and Building Appeals Decision for the Conditional Use Submitted by Denison University, Application #2014-187, for Parcel Numbers 020-051586-00.000, 020-051544-00.000 and 020-051608-00.000, and Adopting Decision Findings and Conclusions of Fact was introduced and moved for approval by Councilmember Montgomery.  Second by Councilmember O’Keefe. 

Discussion:

Law Director King advised that this legislation and vote was separate from the decision making process; therefore, Councilmembers, who may not have been in attendance for the hearing, were eligible to vote on this legislation.

Vice Mayor Barsky asked if the main modification in the BZBA original decision was the decision to add additional screening, buffering and move some of the setbacks back.  Law Director King responded in the affirmative.  Denison provided Council with a screening and buffering design plan and promised to work with residents individually. 

Vice Mayor Barsky asked about the timing of the communications with residents.  Vice President of Finance and Development for Denison Seth Patton advised that Denison would have an annual meeting with residents for the first five years following the completion of the project.  Once the project was built out, Denison would meet with each property owner individually to address any concerns regarding screening and plantings.  Denison advised the neighbors already of the removal of trees in that area due to environmental issues.

Councilmember O’Keefe asked if there was a construction timeline.  Vice President Patton indicated that a timeline had not been set yet awaiting the resolution of zoning issues.

Vice Mayor Barsky called for a vote to approve Resolution No. 2015-25.  Motion carried.  Resolution No. 2015-25 was adopted. 

REVIEW OF MINUTES 

Regularly Scheduled Meeting of March 18, 2015

Councilmember McGowan made a motion to approve the March 18, 2015 minutes as amended.  Second by Councilmember O’Keefe.   Motion carried. 

COMMITTEE REPORTS   

Granville Foundation – (Montgomery)

No report. 

Granville Recreation District – (McGowan)

Councilmember McGowan advised that the Rec District was hosting the annual Easter Egg Hunt this Saturday at the Bryn Du Mansion.  Spring programming was also underway. 

Planning Commission – (Johnson & O’Keefe)

Councilmember O’Keefe reported that a garage and house renovation project on East College Street was approved.

Granville Arts Commission (O’Keefe)

Councilmember O’Keefe advised that the Commission approved grants for the Granville Garden Club, St. Luke’s Episcopal Church, Granville Studio for Visual Arts and the Art Affair.  The website was also updated with the Commission’s grant application. 

Open Space Committee (O’Keefe)

No report

Tree & Landscape Commission – (Lerner)

Councilmember Lerner reported that the Commission was working selecting a plan to replant the eastern side of Opera House Park. 

Union Cemetery – (Barsky)

Vice Mayor Barsky reported that the Board met with Service Director Hopkins to discuss the removal of the large Ash tree at the front of the cemetery.  The Board approved its removal. 

OTHER COUNCIL MATTERS 

Councilmember O’Keefe reported that she had observed a Waste Management trash truck driver place both trash and recycling in the truck.  She hoped that staff would make Waste Management aware of this issue and request that recycling never be placed in the trash truck.

Councilmember Lerner asked about the suggested resolution to discourage the use of polystyrene and single use checkout bags.  Clerk Prasher advised that many communities throughout the United States had banned the use of both of these products.  However, staff was suggesting to Council a recommendation to discourage the use of polystyrene products and single use bags as banning these items could cause a hardship to some local business owners.  Council asked that staff bring legislation to the next Council meeting. 

Councilmember Montgomery asked about the status of electrical aggregation.  Clerk Prasher advised that both Granville Township and the Village of Granville had signed a contract with Integrys/Constellation agreeing to electrical rates of $0.0619 for 24-months for residents and business owners.  These rates would be effective as of June 1, 2015. 

Vice Mayor Barsky provided staff with a flyer of tornado and severe weather tips to stay safe.  Staff would add this information to the Village’s website.

OTHER STAFF MATTERS 

There were no Other Staff Matters

ADJOURNMENT (8:20 pm) 

Councilmember McGowan made a motion to adjourn.  Second by Councilmember Johnson.  Motion carried.

 

                                                                                                                                  

Council Minutes March 18, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

March 18, 2015

 

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

PLEDGE OF ALLEGIANCE

ROLL CALL 

Those responding to the roll call were Councilmembers Johnson, Lerner, McGowan, Montgomery, O’Keefe, Vice Mayor Barsky, Mayor Hartfield, Manager Stilwell and Law Director King.

APPROVAL OF AGENDA 

Councilmember McGowan moved to approve the agenda.  Second by Vice Mayor Barsky.  Motion passed. 

CITIZENS COMMENTS (7:32pm) 

As no one appeared to speak, Mayor Hartfield closed Citizen Comments at 7:33pm.

PUBLIC HEARING

Ordinance No. 03-2015, An Ordinance to Amend Ordinance No. 16-2014 Providing for Adjustments of the Annual Budget for the Fiscal Year 2015 and Revising Sums for Operating Expenses

OLD BUSINESS

Ordinance No. 03-2015, An Ordinance to Amend Ordinance No. 16-2014 Providing for Adjustments of the Annual Budget for the Fiscal Year 2015 and Revising Sums for Operating Expenses was introduced and moved for approval by Councilmember O’Keefe.  Second by Vice Mayor Barsky. 

Discussion:

Councilmember Montgomery asked if the upgrades to the Cherry Valley interchange project were already determined.  Planner Terry indicated that Council had already selected the upgraded bridge railing and lighting in 2012.

Mayor Hartfield called for a roll call vote to approve Ordinance No. 03-2015:  Johnson (yes); Lerner (yes); McGowan (yes); Montgomery (yes); O’Keefe (yes); Vice Mayor Barsky (yes); Mayor Hartfield (yes).  Motion passed 7-0. 

 

NEW BUSINESS

Resolution No. 2015-12, A Resolution to Appoint a Member to the Board of Trustees for the Granville Recreation District appointing Todd Naille was introduced and moved for approval by Councilmember Johnson.  Second by Vice Mayor Barsky. 

Discussion:

Mayor Hartfield asked Mr. Naille if he would like to make a comment.  Mr. Naille responded that he was happy to serve.  Council thanked him for his interest in serving the Rec District. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-12.  Motion carried.  Resolution No. 2015-12 was adopted. 

Resolution No. 2015-21, A Resolution to Award the Contract for the 2015 Street Improvement Project to Columbus Asphalt Paving, Inc., as per Specifications, and Authorize the Village Manager to Enter into an Agreement Therefor was introduced and moved for approval by Councilmember McGowan.  Second by Vice Mayor Barsky.

Discussion:

Council inquired as to why the bid came in so much lower than the engineer’s estimate.  Manager Stilwell advised that the bids were fairly varied.  The engineer also originally figured the estimate using a three-inch thick surface, but the bids specifications were amended to a two and one-half inch thick surface.  There would be no change in wear or durability of the roadway, but it reduced the cost. 

Councilmember O’Keefe asked if the fact that Burg Street was a bus route was considered.  Manager Stilwell responded in the affirmative and added that the Village utilized special asphalt that was highly effective on shaded roadways.

Councilmember McGowan asked if a timeline for the project was set.  Manager Stilwell indicated the anticipated concrete work for the sidewalk along Burg Street could begin May 15th, SR 661 had an anticipated start date of April 15th through May 31st and the Clear Run Bridge work would begin June 1st.

Mayor Hartfield called for a vote to approve Resolution No. 2015-21.  Motion carried.  Resolution No. 2015-21 was adopted. 

Resolution No. 2015-22, A Resolution Authorizing the Village Manager to Enter into a Contract with Integrys for an Electrical Aggregation Plan for the Residents of the Village of Granville was introduced and moved for approval by Councilmember Johnson.  Second by Vice Mayor Barsky. 

Discussion:

Councilmember Johnson asked if the issue regarding the cost to residents, who opt-in to the program after the initial sign-up, had been resolved.  Clerk Prasher indicated that the contract resolution was in process, but anticipated that the contract would be corrected.  She added that rates were currently fluctuating and hoped to have the contract signed by the end of March.

Councilmember Montgomery asked if the Village needed to set a top end limit for the electric rates, when the final rate quote was provided.   Mayor Hartfield responded that she was not in favor of Council announcing an acceptable rate as that rate could be the rate quoted.  Law Director King advised that this resolution authorized the Village Manager to sign a contract.  The Manager was aware of Council’s concerns, and if the rate was too high, the contract would not be signed. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-22.   Motion carried.  Resolution No. 2015-22 was adopted.

Resolution No. 2015-23, A Resolution to Supporting Robert S. Schilling and Linda L. Schilling in Their Efforts to Obtain Ohio State Historic Preservation Tax Credits for the Redevelopment of Property Located at 303, 307, 313, 321 East Broadway, 327 East Elm Street and 118, 124, 128 South Pearl Street in the Village of Granville was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember Lerner.

Discussion:

Julio Valenzuela, representative of Urban Restorations and owner of the Buxton Inn, thanked Council for their willingness to review this legislation at the last moment.  He and his firm were hoping to apply for historic tax credits and needed all of the application information submitted by the end of March. The funds would be used for deferred maintenance to the Inn and adjoining homes to repair the exteriors and gardens.  Mr. Valenzuela advised that the name on the resolution should be changed to Historic Buxton Inn.  Also, the 321 East Broadway home would not be included in the application.  Law Director King advised that it might be better to leave that address in case something would change in the future. 

Councilmember Johnson moved to amend Resolution No. 2015-23 to change the name from Robert S. Schilling and Linda L. Schilling to the Historic Buxton Inn.  Second by Councilmember McGowan. 

Mayor Hartfield called for a vote to amend Resolution No. 2015-23.   Motion carried.  Resolution No. 2015-23 was amended.

Mayor Hartfield called for a vote to approve Resolution No. 2015-23 as amended.   Motion carried.  Resolution No. 2015-23 was adopted as amended.

REVIEW OF MINUTES 

Regularly Scheduled Meeting of March 4, 2015

Councilmember McGowan made a motion to approve the March 4, 2015 minutes.  Second by Councilmember Johnson.   Motion carried. 

Special Meeting of March 11, 2015

Councilmember McGowan made a motion to approve the March 11, 2015 minutes.  Second by Councilmember Johnson.   Motion carried. 

MAYOR'S REPORT – February

The Mayor's report for the month of February was presented for review. 

Councilmember Johnson moved to accept the February Mayor’s Report. Second by Vice Mayor Barsky.  Motion carried. 

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 – February

The Manager's Report for the month of February was presented for review. 

Councilmember Johnson moved to accept the February Manager’s Report.  Second by Councilmember O’Keefe.  Motion carried. 

Mayor Hartfield instructed the report be filed with the Clerk. A copy of the report will be included as part of these minutes.

COMMITTEE REPORTS   

Granville Foundation – (Montgomery)

Councilmember Montgomery reported that the Foundation selected a new logo for the Granville Community Foundation. 

Granville Recreation District – (McGowan)

Councilmember McGowan reported the spring programs for the GRD would begin soon.  The GRD also had a new Board member. 

Planning Commission – (Johnson & O’Keefe)

Councilmember Johnson reported that the Granville Inn submitted updates for their application and 203 East Elm Street was approve for new windows.

Granville Arts Commission (O’Keefe)

Councilmember O’Keefe reported that the Bryn Du Art Show opening was scheduled for tomorrow, March 19th.

Open Space Committee (O’Keefe)

No report

Tree & Landscape Commission – (Lerner)

Councilmember Lerner reported that the Tree & Landscape Commission would likely be requesting additional funding for tree planting following the removal of so many Ash trees this year.

Union Cemetery – (Barsky)

Vice Mayor Barsky reported that the Union Cemetery Board would be meeting to discuss the removal of a large Ash tree in the cemetery.

OTHER COUNCIL MATTERS

Zoning Code Amendments

Open Space District 

Planner Terry advised that there was currently no minimum lot frontage for parcels zoned Open Space District (OSD).  This ordinance would adopt a minimum lot frontage standard to prevent the creation of lots with no public right-of-way frontage, essentially land locked parcels.  All other residential zoning districts in the Village of Granville Zoning Code had a minimum lot frontage requirement to a public right-of-way.  The proposed change would establish a minimum lot frontage to a public right-of-way of one hundred (100’) feet total. 

Councilmember Montgomery asked if there were properties with less than one hundred feet road frontage.  Planner Terry indicated that there were several; however, they would be grandfathered. 

Planned Unit Development 

Planner Terry indicated that there were currently no provisions within the Planned Commercial District for single family residential.  In this area, there were many single family structures that had been converted to commercial uses.  However, there were

still a number of properties being used residentially.  These single family homes were considered to be grandfathered, nonconforming uses, meaning the property owner could not expand the structure or build anything on the property that would be considered residential in nature (i.e. a swimming pool).  With the construction of

the Cherry Valley interchange, southern Cherry Valley Road would have less traffic and essentially isolated.  Many of these structures could convert back to residential properties.  This ordinance would divide the Planned Commercial District into Permitted and Conditionally Permitted Uses, with single family residential added as the only proposed Conditional Use.   Many of the these properties were in the floodway and flood plain and could not be rebuilt or developed.

Annual Report

Clerk Prasher provided Council with the 2014 Annual Report. 

OTHER STAFF MATTERS 

Law Director King advised that Rumpke Waste and Recycling Services would be available to speak to Council at either the April 1st or April 15th meeting about recycling.  Rumpke also offered Council the opportunity to visit their recycling center in Columbus and view the recycling process.  Councilmember Lerner and O’Keefe expressed interest in visiting the center. 

Councilmember Montgomery asked about pothole and roadway repairs.  Manager Stilwell indicated that the service department was working on pothole repairs.  There was some hesitation to invest in major repairs on streets and roadways that were scheduled for repaving this year. 

ADJOURNMENT (8:25pm) 

Councilmember McGowan made a motion to adjourn.  Second by Councilmember Johnson.  Motion carried.

Council Minutes March 11, 2015

VILLAGE OF GRANVILLE

SPECIAL COUNCIL MINUTES

March 11, 2015

 

CALL TO ORDER (by Mayor Hartfield at 6:08pm)

PLEDGE OF ALLEGIANCE

ROLL CALL 

Those responding to the roll call were Councilmembers Johnson, Lerner, McGowan, Montgomery, Mayor Hartfield, Manager Stilwell and Law Director King. 

Councilmember McGowan moved to excuse Councilmember O’Keefe and Vice Mayor Barsky.  Second by Councilmember Johnson.  Motion passed. 

APPROVAL OF AGENDA 

Councilmember McGowan moved to approve the agenda.  Second by Councilmember Lerner.  Motion passed. 

Councilmember McGowan moved to move the meeting to the Denison solar array site in order to view the site at 6:15pm.  Second by Councilmember Lerner.  Motion passed. 

During the site visit, Manager Stilwell provided an orientation of locations to the group showing the fifty-foot, one hundred-foot, one hundred fifty-foot and fence line locations. 

Resident Tim Collins had signs posted in his back yard demonstrating the angle the panels would be throughout the seasons. 

Councilmembers walked into the proposed array area site.  The location of the chain length fence was noted as well as the possible height of the fence.  There was also a description of how the solar panels would move throughout the day. 

Mayor Hartfield resumed the meeting in Council Chambers at 7:15pm. 

CITIZENS COMMENTS (7:16pm)

As no one appeared to speak, Mayor Hartfield closed Citizen Comments at 7:16pm.

Please note an official transcript of the March 11, 2015 deliberations for this appeal hearing for Application #2014-187 for property located at the Denison Bio-Reserve will be attached to the final draft of these minutes.

APPEAL HEARING

Mayor Hartfield called the continued deliberations for the appeal hearing regarding Application #2014-187, a Conditional Use Permit for Denison University to install a solar array on acreage inside the Denison Bio-Reserve, to order. 

Individuals sworn in and who offered testimony:  Thomas Mallory, Appellant Attorney; James Cooper, Denison Attorney; Seth Patton, Vice President for Finance and Development; Jeremy King, Denison Sustainability Coordinator; Eric Ransom, Realtor; Laura Collins, Appellant; Barb Stiltner, Appellant; Kathia Williams, Appellant; Kathy Standley, Appellant; Tim Collins, Appellant; Chris Lucas-Miller, Appellant; Gill Miller Wright, Appellant; and Norma Krueger, Appellant.

Mayor Hartfield closed the Appeal Hearing at 8:50pm.

Councilmember Lerner moved to modify the BZBA decision regarding Application #2014-187 from Denison University for a solar array.  For that portion of the project land identified as parcel numbers 020-051586-00.000 and 020-051608-00.00, the fence, which delineates the exterior boundary of the proposed solar array, can be no closer than 250-feet from any adjacent property line.  Second by Councilmember McGowan.

Councilmember Johnson altered the previous modification to parcel number 020-051586-00.00, the fence, which delineates the solar array, shall be no closer than 250-feet from an adjacent property line with the exception of the northern boundary fence line on the that parcel, which shall remain as approved by the BZBA.  On parcel number 020-051608-00.000, the fence, which delineates the solar array, shall be no closer than 250-feet from any adjacent property line with the exception of the southern boundary fence line on that parcel, which shall be no closer than 150-feet from any adjacent property line.

Mayor Hartfield called for a roll call vote on the appeal of Application #2014-187, an application from Denison University for a Conditional Use permit to install a solar array:  Johnson (yes); Lerner (yes); McGowan (yes); Montgomery (yes); Hartfield (no).  Motion passed 4 -1. 

ADJOURNMENT (10:24pm) 

Councilmember McGowan made a motion to adjourn.  Second by Councilmember Johnson.  Motion carried.

Council Minutes March 4, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

March 4, 2015

 

CALL TO ORDER (by Mayor Hartfield at 7:35pm)

PLEDGE OF ALLEGIANCE

ROLL CALL 

Those responding to the roll call were Councilmembers Johnson, Lerner, McGowan, Montgomery, Vice Mayor Barsky, Mayor Hartfield, Manager Stilwell and Law Director King.

Vice Mayor Barsky moved to excuse Councilmember O’Keefe.  Second by Councilmember McGowan.  Motion passed. 

The minutes reflect that Councilmember O’Keefe arrived at 8:20pm. 

APPROVAL OF AGENDA 

Councilmember McGowan moved to amend the agenda to move the Public Hearing and Old Business ahead of the Appeal Hearing.  Second by Councilmember Montgomery.  Motion passed. 

CITIZENS COMMENTS (7:32pm) 

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

PUBLIC HEARING

Ordinance No. 02-2015, An Ordinance Granting Approval of an Easement to St. Luke’s Episcopal Church to Allow Renovation to a Building Entrance Located at 107 East Broadway That Will Encroach onto Village Owned Property Located at 118 South Main Street

Bill Dargis, 2120 East Broad Street, Columbus, OH, spoke on behalf of St. Luke’s Episcopal Church and the proposed renovations.    The Church will be replacing the windows and the west entrance into the Church and basement.  In order to meet code requirements, there would be an increase of the stairway onto Village property an additional twelve inches.  The Church hoped that Council would approve this easement.

OLD BUSINESS

Ordinance No. 02-2015, An Ordinance Granting Approval of an Easement to St. Luke’s Episcopal Church to Allow Renovation to a Building Entrance Located at 107 East Broadway That Will Encroach onto Village Owned Property Located at 118 South Main Street was introduced and moved for approval by Councilmember McGowan.  Second by Vice Mayor Barsky. 

No discussion. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 02-2015:  Councilmembers Johnson – yes, Lerner – yes, McGowan – yes, Montgomery – yes, Vice Mayor Barsky – yes and Mayor Hartfield – yes.  Motion carried 6-0.  Ordinance No. 02-2015 was approved. 

APPEAL HEARING 

Mayor Hartfield called the deliberations for the appeal hearing regarding Application #2014-187, a Conditional Use Permit for Denison University to install a solar array on acreage inside the Denison Bio-Reserve, to order 

Mayor Hartfield called for the roll call.  Those responding to the roll call for the appeal hearing were Councilmembers Lerner, McGowan, Montgomery, Johnson, Vice Mayor Barsky and Mayor Hartfield. 

Individuals sworn in and who offered testimony:  Thomas Mallory, Appellant Attorney, James Cooper, Denison Attorney, Seth Patton, Vice President for Finance and Development, Jeremy King, Denison Sustainability Coordinator, Jim Bidigare , Realtor and Jerry Deboer, Executive Director Business Development for AEP Energy. 

Councilmember McGowan moved to continue the Appeal Hearing at a Special Council meeting on March 18, 2015 beginning at 6:00pm with a visit to the solar array site and the Appeal Hearing resuming at 7:00pm in Council Chambers.  Second by Councilmember Lerner.   

Council discussed the motion and determined that Council should meet earlier than March 18, 2015. 

Councilmember Lerner moved to amend the motion from March 18, 2015 to March 11, 2015.  Second by Councilmember McGowan.  Motion to amend the original motion passed.  The motion passed as amended. 

Please note an official transcript of the March 4, 2015 deliberations for this appeal hearing for Application #2014-187 for property located at the Denison Bio-Reserve will be attached to the final draft of these minutes. 

NEW BUSINESS

Ordinance No. 03-2015, An Ordinance to Amend Ordinance No. 16-2014 Providing for Adjustments of the Annual Budget for the Fiscal Year 2015 and Revising Sums for Operating Expenses  was introduced and a public hearing set for March 18, 2015 by Councilmember McGowan.  Second by Councilmember Lerner.

Mayor Hartfield scheduled a public hearing for Ordinance No. 03-2015 for March 18, 2015. 

REVIEW OF MINUTES 

Regularly Scheduled Meeting of February 18, 2015

Councilmember McGowan made a motion to approve the February 18, 2015 minutes as amended.  Second by Councilmember Johnson.   Motion carried.

COMMITTEE REPORTS   

Granville Foundation – (Montgomery)

No report. 

Granville Recreation District – (McGowan)

No report. 

Planning Commission – (Johnson)

No report. 

Granville Arts Commission (O’Keefe)

Councilmember O’Keefe advised that the Commission met and approved several grants. 

Open Space Committee (O’Keefe)

No report

Tree & Landscape Commission – (Lerner)

No report.

Union Cemetery – (Barsky)

No report.

OTHER COUNCIL MATTERS 

There were no Other Council Matters.

OTHER STAFF MATTERS 

There were no Other Staff Matters 

ADJOURNMENT (10:43pm) 

Councilmember McGowan made a motion to adjourn.  Second by Councilmember Johnson.  Motion carried.

Council Minutes February 18, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

February 18, 2015

 

CALL TO ORDER (by Mayor Hartfield at 7:30pm) 

PLEDGE OF ALLEGIANCE

ROLL CALL

Those responding to the roll call were Councilmembers Johnson, Lerner, McGowan, Montgomery, O’Keefe, Mayor Hartfield, Manager Stilwell and Law Director King. 

Councilmember Johnson moved to excuse Vice Mayor Barsky.  Second by Councilmember O’Keefe.  Motion passed. 

APPROVAL OF AGENDA 

Councilmember McGowan moved to approve the agenda.  Second by Councilmember Johnson.  Motion passed.

CITIZENS COMMENTS (7:32pm) 

Jurgen Pape, 3 Parnassus Village Drive, asked Council to ensure adequate pedestrian walking space once the sidewalk cafes were in place.  The cafes add a wonderful vitality to the Village, but the sidewalk furniture often ended up in the public walkway space.  He asked if there could be a minimum public open walk space.  Councilmember McGowan advised that the resolutions outlined the specific requirements of each café as well as a map of the layout.  Public walk space was always designated.  Staff also worked with the various café business owners throughout the summer to maintain walk space. 

As no one else appeared to speak, Mayor Hartfield closed Citizen Comments at 7:37pm.

PUBLIC HEARING

Ordinance No. 01-2015, An Ordinance to Authorize the Village Manager to Enter into a Lease Agreement with the Granville Studio of Visual Arts for the Lease of the Terrace House at Bryn Du, 537 Jones Road.

Candi Moore, 405 East College Street, spoke as the Chair of the Bryn Du Commission.  She encouraged Council to approve the renewal of the GSVA lease.  GSVA was a pleasure to work with over the past several years.  GSVA did a great job of bringing art and art education to the community.  They were a wonderful tenant. 

OLD BUSINESS

Ordinance No. 01-2015, An Ordinance to Authorize the Village Manager to Enter into a Lease Agreement with the Granville Studio of Visual Arts for the Lease of the Terrace House at Bryn Du, 537 Jones Road was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember O’Keefe. 

Discussion:

Councilmember O’Keefe asked if there were statistics on the growth of GSVA.  Director Lee Anne Faler advised Council that GSVA was experiencing continued growth.  The studio has 225 to 300 program participants annually.  GSVA also maintained outreach program to local schools and youth programs such as the YES Club.

Mayor Hartfield called for a roll call vote to approve Ordinance No. 01-2015:  Johnson (yes); Lerner (yes); McGowan (yes); Montgomery (yes); O’Keefe (yes); Mayor Hartfield (yes).  Motion passed 6-0. 

NEW BUSINESS

Ordinance No. 02-2015, An Ordinance Granting Approval of an Easement to St. Luke’s Episcopal Church to Allow Renovation to a Building Entrance Located at 107 East Broadway that will encroach onto Village Owned Property Located at 118 South Main Street was introduced and a public hearing set for March 4, 2015 by Councilmember O’Keefe.  Second by Councilmember McGowan.

Mayor Hartfield scheduled a public hearing for Ordinance No. 02-2015 for March 4, 2015. 

Councilmember O’Keefe indicated that the Planning Commission approved this project.

Resolution No. 2015-10, A Resolution Adopting a Special Events Policy for the Village of Granville was introduced and moved for approval by Councilmember Johnson.  Second by Councilmember McGowan. 

Discussion:

Mayor Hartfield asked for confirmation that an email blast and letters to business owners were sent out requesting comments regarding the Special Events Policy.  Clerk Prasher responded in the affirmative.  No comments or concerns were expressed. Chamber Executive Director Steve Matheny advised that he also sent letters to Chamber members requesting comments and no comments were received. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-10.  Motion carried.  Resolution No. 2015-10 was adopted. 

Resolution No. 2015-11, A Resolution to Express Appreciation to Kate Barrett for Service on the Granville Recreation District was introduced and moved for approval by Councilmember Montgomery.  Second by Councilmember McGowan.

Discussion:

Clerk Prasher stated that Mrs. Barrett was unable to attend tonight’s meeting.

Council expressed their appreciation for Mrs. Barrett’s hard work and contributions to the Granville Recreation District.

Mayor Hartfield called for a vote to approve Resolution No. 2015-11.  Motion carried.  Resolution No. 2015-11 was adopted. 

Resolution No. 2015-13, A Resolution to Authorize the Non-Permanent Installation of a Sidewalk Café on the Public Sidewalk at 122 East Broadway in Front of the Business Known as the Aladdin for Calendar Year 2015, Subject to Restrictions was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember Johnson. 

No discussion. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-13.   Motion carried.  Resolution No. 2015-13 was adopted.

Resolution No. 2015-14, 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 the Broadway Pub for Calendar Year 2015, Subject to Restrictions was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember Johnson. 

No discussion. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-14.   Motion carried.  Resolution No. 2015-14 was adopted.

Resolution No. 2015-15, 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 the Moe’s Barbeque for Calendar Year 2015, Subject to Restrictions was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember Johnson.

No discussion.

Mayor Hartfield called for a vote to approve Resolution No. 2015-15.   Motion carried.  Resolution No. 2015-15 was adopted.

Resolution No. 2015-16, 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 the Village Coffee for Calendar Year 2015, Subject to Restrictions was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember Johnson. 

No discussion. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-16.   Motion carried.  Resolution No. 2015-16 was adopted.

Resolution No. 2015-17, 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 the Day y Noche for Calendar Year 2015, Subject to Restrictions was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember Lerner. 

No discussion.

Mayor Hartfield called for a vote to approve Resolution No. 2015-17.   Motion carried.  Resolution No. 2015-17 was adopted. 

Resolution No. 2015-18, 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 the Whit’s Frozen Custard for Calendar Year 2015, Subject to Restrictions was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember Lerner. 

No discussion. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-18.   Motion carried.  Resolution No. 2015-18 was adopted. 

Resolution No. 2015-19, A Resolution to Authorize the Non-Permanent Installation of a Sidewalk Café on the Public Sidewalk at 127 East Broadway in Front of the Business Known as the Dragon Village for Calendar Year 2015, Subject to Restrictions was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember O’Keefe. 

No discussion. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-19.   Motion carried.  Resolution No. 2015-19 was adopted.

Resolution No. 2015-20, A Resolution Authorizing the Assignment of the Single Hauler Residential Refuse Contract with Big “O” Refuse to Waste Management, Inc. was introduced and moved for approval by Councilmember O’Keefe.  Second by Councilmember McGowan. 

Discussion:

Manager Stilwell advised that staff was assured that all aspects of the contract would be the same with Waste Management. 

Councilmember McGowan confirmed that the existing contract was just being transferred.  Manager Stilwell responded in the affirmative. 

Councilmember O’Keefe asked if the same recycling center would be used.  Manager Stilwell indicated that it was closer for Waste Management to use the Rumpke facility in Columbus.  Huge items could still be set out and the spring clean-up / fix-up event would be taken care of by Waste Management. 

Donald Jordan of Waste Management advised Council that Waste Management would continue to provide the same service to the Village as has been supplied. 

Councilmember Montgomery asked if there would be some reduction on the number of vehicles coming into the Village as now Waste Management could coincide commercial pick-ups with residential pick-up days.  Mr. Jordan indicated that it was too early to tell if there could be a reduction of trucks in the future. 

Councilmember Johnson asked if the same toters and vehicles would be used.  Mr. Jordan indicated that Big O trucks and toters would continue to be used.  However, as toters needed to be replaced or trucks repaired, Waste Management equipment would replace Big O. 

Councilmember Lerner asked about how pick-up would work once the new Township provider began servicing Township residents.  Clerk Prasher advised that Local Refuse would service Township residents on Mondays.  There would be trucks in the Village for residential pick-ups on two different days. 

Councilmember O’Keefe asked if Waste Management would maintain the Big O facility.  Mr. Jordan indicated that Big O would be incorporated into the Waste Management facility on Ecology Drive in Newark.  The two facilities were only about one mile apart.

Mayor Hartfield indicated that she would support the legislation, but expressed serious concerns and apprehensiveness in assigning the contract to Waste Management. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-20.   Motion carried.  Resolution No. 2015-20 was adopted. 

REVIEW OF MINUTES 

Regularly Scheduled Meeting of February 4, 2015

Councilmember McGowan made a motion to approve the February 4, 2015 minutes.  Second by Councilmember Johnson.   Motion carried. 

MAYOR'S REPORT – January

The Mayor's report for the month of January was presented for review. 

Councilmember O’Keefe moved to accept the January Mayor’s Report. Second by Councilmember McGowan.  Motion carried. 

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 – January

The Manager's Report for the month of January was presented for review. 

Councilmember Lerner asked for an itemized list of the schools leaving doors open at night.  Chief Caskey asked if he could email Councilmember Lerner when Welsh Hill School has an issue with a door.

Councilmember McGowan moved to accept the January Manager’s Report.  Second by Councilmember Lerner.  Motion carried. 

Mayor Hartfield instructed the report be filed with the Clerk. A copy of the report will be included as part of these minutes.

COMMITTEE REPORTS   

Granville Foundation – (Montgomery)

Councilmember Montgomery reported that the Foundation had their annual meeting.  Patricia Finkelman was elected the new President.  Councilmember Montgomery was elected the chair of the Finance Committee.  There was also a regular meeting that reviewed grant recommendations. 

Granville Recreation District – (McGowan)

Councilmember McGowan reported that the GRD was wrapping up winter programming and organizing spring programming. 

Planning Commission – (Johnson)

Councilmember O’Keefe reported that Denison requested a modification of the Granville Inn application to reduce lighting, change the screening on a cooling unit and change the carriage doors per a recommendation from the Historic Preservation Board.  Two signs were approved for the Mershon building on South Main Street as well as replacement windows for another resident. 

Open Space Committee (O’Keefe)

No report

Tree & Landscape Commission – (Lerner)

Councilmember Lerner reported that the Tree & Landscape Commission requested some adjustments in the AEP brush removal to allow for several Dogwood trees to remain.  Commission members would be attending an ODNR tree academy class.  Denison was working with the Commission to develop a GPS based spreadsheet to identify all Village trees.  The Commission would also be moving forward with the renovations to Opera House Park.  The Commission was working with Fritz Rizor and Hocking Technical College on the design aspects of the renovation.

Union Cemetery – (Barsky)

No report.

OTHER COUNCIL MATTERS

Indigent Burials

Manager Stilwell advised Council that they received a copy of the proposed indigent burial policy.  The Village faced this issue twice in the last two years.  The policy would allow the Village to determine if the decedent died in the Village and was a Village resident.  Every effort would be made to locate family.  Proof of indigence would be required.  All aspects of the policy would follow the Ohio Revised Code Section 915.  Establishing this policy would provide staff with guidance in the event of any future occurrences. 

Mayor Hartfield asked if the policy would cover cremation only.  Manager Stilwell responded in the affirmative.  Staff spoke with the McPeek-Hoekstra Funeral Home to determine a cost.  Staff also spoke with the Township regarding costs for internment. 

Councilmember O’Keefe asked how extensive of an investigation would take place to determine indigence.  Manager Stilwell responded that the family or Village staff would need to complete the application and provide financial information.  Both the deceased and family would need to prove indigence.  This type of policy was commonly used in other municipalities. 

Deer Management Report

Clerk Prasher reported that there were eighty-six deer taken as part of the program in 2014-2015 with sixty-seven approved hunters.  Residents continue to request to be part of the program.  Existing residents anecdotally report a reduction in deer and an ability to sustain plant materials. 

Councilmember Lerner indicated that someone had approached her again with concerns about the lack of portability of a Village food truck license.  Manager Stilwell advised that Planner Terry would be happy to answer any questions about food truck licenses.  There has been one license issued. 

Councilmember O’Keefe asked about the Village’s supply of salt.  Manager Stilwell advised that he authorized the purchase of an additional one hundred tons of salt.  Salt prices were down from the prices available at the beginning of winter, but costs continue to be more than two times costs for last year.  The Village currently had about one hundred and seventy tons of salt.  Staff was working hard to determine an appropriate mix of salt and grit in order to economize on salt usage.  Mayor Hartfield asked that staff work with the Township and school district next year to try to buy salt in bulk. 

Councilmember Montgomery asked about the status of electrical aggregation and if someone was following the market.  Clerk Prasher advised that the Village and Township were seeking updated rates to determine if it was advisable to move forward with electrical aggregation at this time. 

OTHER STAFF MATTERS 

Manager Stilwell reminded Council that the next Council meeting on March 4th would begin at 5:00pm in Council Chambers and then move to Denison’s proposed solar array site.  Councilmember Johnson offered to provide Council with a tour of the Granville Inn prior to returning to Village Hall.  The Village would provide Council with dinner at 6:30pm.  The Council meeting would then resume at 7:30pm. 

Kiwanis Pancake Day was Saturday, February 21st beginning at 7:00am. 

ADJOURNMENT (8:26pm) 

Councilmember McGowan made a motion to adjourn.  Second by Councilmember O’Keefe.  Motion carried.

 

                                                          

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