Granville Community Calendar

Council Minutes September 16, 2015



September 16, 2015


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



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. 


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


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.


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.


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.


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.


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.


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. 


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.


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.


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. 


There were no Other Staff Matters 


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.


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







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