Council Minutes 11/4/98
Monday, January 9, 2012 at 3:16PM
CALL TO ORDER
Mayor Bellman convened the meeting at 7:34pm.
ROLL CALL
Those responding to the roll call were:
Vice Mayor McGowan
Councilmember Wernet
Councilmember Lucier Mayor
Bellman
Councilmember Robertson Law Director Hurst
Councilmember Minklei Manager Hickman
Councilmember Rader
PUBLIC HEARING
Councilmember Rader made a motion to table the public
hearings on Ordinances No. 19-98, 20-98 and 21-98 until the
Council meeting of November 18, 1998. Second by
Councilmember Lucier. Motion Carried.
A public hearing was held on Ordinance No. 23-98, An
Ordinance To Prohibit "Thru-Truck" Traffic Through The
Village Of Granville.
Mayor Bellman stated there would be a 2 minute time
limit on public comments.
It was noted that Council has a "revised draft" which draws
upon Ordinances already in the Granville Codified, which has
the same general effect and goals and this is intended to
return the Village to a peaceful community as it is thought
to be.
Councilmember Rader voiced a concern that some of the
traffic traveling through the Village on S.R. 661 is
originated by the access of South Cherry Valley Road but
also feels an arrangement might be made for shippers to use
an alternate route.
Councilmember Wernet noted that this issue was significant
in the last campaign. He also stated that such issues were
not already addressed as there was hope of reaching a mutual
agreement with neighboring communities on infrastructure
related issues. He mentioned the lack of response from
neighboring communities to resolve infrastructure issues and
feels that developers should also pay their fair share of
infrastructure improvements.
Mayor Bellman noted that the message sent out by Newark City
Council was that they will only do what is good for them and
not necessarily for the entire community. Although not the
preferred way, it appears Granville will need to solve its
own problems in a similar fashion.
Commenting on the disregard for infrastructure,
Councilmember Wernet quoted a constituent as saying that "we
don’t want to use up all our road capacity to basically
benefit development which occurs in a different community."
Bob Howarth, a Columbus attorney representing The Kroger
Company, noted that Tamarack Farms Dairy has supplied milk
throughout the stated of Ohio for 28 years. He stated that
restricting Tamarack Dairy trucks from this ¼ mile section
of South Cherry Valley Road could effectively shut down milk
distribution in the state of Ohio. Adding that Kroger is a
community minded company, he asked that the Council not take
away its distribution system.
Clifton Crais, of 234 N. Pearl Street, stated that the
voters are asking for legislation to control unwanted truck
traffic. He feels this Ordinance would improve public
safety by reducing the volume truck traffic on Village
streets adding that these streets cannot support large
tractor trailer traffic. He feels that the narrowness of
Village streets poses a significant risk to Village
residents. He noted that legislation enhances public health
as diesel emission is responsible for much of the air
pollution and disease in this country, and that the control
of trucks will reduce noise, pollution, and protect historic
homes which are literally being knocked off their
foundations. He feels that this Ordinance would enhance the
commercial vitality of the downtown area.
Bill Englefield, Chairman of the Board of Englefield Oil
Company, residing at 2352 Hankinson Road, agreed that it is
commendable to try to reduce truck traffic thorough the
Village, however, he feels that prohibiting this type of
traffic on that section of Cherry Valley Road will only hurt
local business. He feels there is another agenda behind
this issue.
Allen Frye, a professional truck driver from Danville, Ohio,
noted he has driven over 5 ½ years and has over 500,000
accident and ticket free miles. He voiced a concern with
the closing of South Cherry Valley Road as this section is
used as an access road to S.R. 16 going east and west and
that this closing will not decrease the number of trucks
traveling through Granville. He noted that truck traffic
traveling out of their way causes more road time and
therefore more pollution, adding rerouting would add an
additional 1 ½ hours to his route. He also feels that law
enforcement would be taken away from the Village area to
enforce this ¼ mile section.
Mayor Bellman asked Mr. Frye what route he currently
took and what a alternate route might be.
Mr. Frye said he drives out of Mt. Vernon on S.R.
661 to S.R. 16 and Cherry Valley Road. He stated another
route would take him from S.R. 13 to S.R. 79 to access his
terminal which is located in the area of the Air Force base.
Don Contini, 315 N. Pearl Street, referring to the speakers
before him stated that he pays taxes in Granville and wants
maintain the quality of life in Granville. He doesn’t want
trucks coming within his historical Village. He stated he
doesn’t care if trucks have to go out of their way by
driving extra miles and polluting the countryside. He
doesn’t want trucks going through Granville Village. He
feels that Granville is becoming a truck route.
Deder Herem of Columbus, Principal Officer of Universal
Veneer, voiced the same concern as Tamarack Dairy (Kroger).
He stated it would be a devastating blow to have to divert
truck traffic from Cherry Valley Road. He feels that
Universal Veneer has been a good neighbor and can appreciate
the comments of support for the Ordinance. He stated that
70% of their production is export and taxes are being paid
in Licking County. He feels the economical impact will be
severe.
Councilmember Robertson questioned the economic
benefit to Granville by the use of that portion of Cherry
Valley Road. Mr. Herem stated he would research and provide
Councilmember Robertson with a breakdown of economic
benefits to Granville.
Mr. Englefield noted that the economic value to
Granville is in the numerous employees working for these
companies that live in Granville and pay their share of
income taxes. He stated that having a business in a
community helps the whole community.
Mr. Herem stated that few Universal Veneer trucks travel
S.R. 661 through Granville as the majority use the Cherry
Valley Road access to S.R. 16 east or west and onto other
destinations.
It was also noted that Tamarack’s incoming raw milk comes
south on S.R. 661 (from farms around the county) however, no
trucks exit through the Village of Granville.
Mr. Englefield stated that less than 2% of truck traffic in
the Village belonged to Englefield Oil.
Jeff Wintermute, Sales Manager for Van Wey Sand and Gravel,
and also a resident of Granville stated that he pays an
extra 3 cents per gallon for fuel tax that goes for roads
such as S.R. 661. He stated that the residents of North
Pearl Street knew it was a state route before buying there.
He noted that truckers aren’t using roads through this
Village just because they want to. He also stated that it
is not safe to travel West Main Street in Newark as there
are two school zones and a hospital zone on that street.
Steve Cramer, of 235 E. Broadway, and pastor of the Untied
Methodist Church of Granville, noted that he lives in the
church parsonage and had no choice where his family would
live. Although he loves the Granville community he didn’t
bargain for all the traffic. He feels that by closing
Cherry Valley Road it would help the surrounding community
see the need to address the North/South traffic issue.
Vivian Ashbaugh, of 121 N. Pearl Street, stated that the
maintenance and upkeep of Cherry Valley road is paid by the
Village of Granville adding that the taxes paid by those
Companies represented here this evening are paid to the City
of Newark. She expressed concern with additional traffic
that will be generated by the Keny development.
Patty Myers, of 229 E. College Street, finishing Mr. Crais’
statement, noted that large trucks are responsible for the
wear and tear which destroys our roads. She asked any
member of Council not supporting the substance of this
Ordinance to explain why public safety and public health are
not important. She stated that most of the truck traffic
through the Village has its origin in Newark.
Judy Handle, of River Road, noted that the last time Cherry
Valley Road was closed for construction, all the trucks and
traffic used River Road. She stated that there are also
historical homes on River Road that should be taken into
consideration as part of the same community as the Village.
She asked that Council exclude this ¼ mile of S. Cherry
Valley Road from this Ordinance.
It was noted that the Ordinance allows Council to
earmark truck routes.
Ted Handle, also of River Road, is concerned with the way
the Keny property was annexed into Newark. He stated the
intersection of Cherry Valley Road and S.R. 16 was created
and paid for by the State Of Ohio and the only reason
Granville has it is because it was annexed. And feels this
is going to hurt all the businesses and feels Council is
taking a very hard nose to this issue.
John Castle, of 216 E. College Street, expressed a concern
with traffic that is diverted onto College Street from
Broadway. He stated that the large amount of traffic on
College Street is speeding and not stopping at stop signs.
He stated that his historical home was falling apart because
of traffic.
Ken Blair, of 2545 North Street, stated he had moved here in
1995 because of the school system. He is concerned with the
affects of this ordinance in the access of trucks to his
farm.
Maxine Montgomery, of 2450 Newark Granville Road, asked what
the implementation and enforcement of this plan might be and
if there would be additional costs to enforce this
Ordinance?
It was noted that signs would be posted and the identifiable
trucking companies would be notified along with several days
of warnings issued by the Police Department. It was also
noted that there would be additional costs due to increased
law enforcement.
Judith Thomas, of 4 Sheppard Place, noted that although she
is not affected by trucks she feels this is the right thing
to do. She also feels that this is a temporary "stop gap"
measure. She also feels that the general idea is to find
alternative north/south routes.
Bernie Lukco, of 343 E. College Street, states that he
supports this Ordinance. He then asked the trucking
representatives in attendance where they have been over the
years as this issue has been discussed in the past. He
thinks it is time to step up and take action as these trucks
are causing damage and problems within our Village.
Melanie Shot, of N. Pearl Street, also feels the truck
traffic in Village is excessive and something should be
done.
Carl Wildrop, 224 Fairfield in Newark, and owner of a
trucking company near Cherry Valley Road, stated that the
last thing his company wanted to do was cause problems for
any community. He questioned the legality in closing S.
Cherry Valley to truck traffic referencing an article he
read that deals with trucks being allowed to travel up to
one mile off of State Routes.
Constance Barsky, 221 E. Elm Street, supports the Ordinance.
She feels that as a society we have been dominated by the
automobile and the increase of trucks on roads is due to the
inability of the railroad to respond to new technology. She
noted that until these businesses have been threatened there
has been no willingness to negotiate.
Jeff Wintermute noted that material things are made possible
only by trucks. He feels this is being hard on truck
drivers and is concerned that this might upset truck drivers
which could cause retaliation.
Clifiton Crais noted he found the gentlemen’s threat
disturbing but not surprising. He stated that he had called
Tamarak Farms and was told there were a number of
alternative roads that could be used but Cherry Valley is
the most convenient. He feels the argument that businesses
will be destroyed is bogus.
Kevin ? , General Manager of Tamarack Farms, stated there
were alternative routes however they are inconvenient. He
noted that Mr. Crais may have called Tamarak Farms however
he hadn’t spoke to him. He again noted that Cherry Valley
Road is used by his company for access to east or west S.R.
16, and that only raw milk coming from Licking County
Farmers is routed on S.R. 661, where these trucks will
continue to use this route whether Cherry Valley Road is
closed or not.
Bill Englefield hopes this doesn’t turn into "you against
us". He feels what the Village is trying to accomplish is
good and the trucking industry should help. He also stated
he has been working on S.R. 157 since 1972. He asked that
Council consider passing this legislation with the exemption
of S. Cherry Valley Road. He stated no one is against
Granville, and the truck drivers aren’t mad at anybody.
Bob Howarth asked what Granville had to gain by closing S.
Cherry Valley, and how this will help the problems Village
streets.
Mayor Bellman noted it is not the intention to hurt
businesses whether they are in Newark or not. He questioned
why people weren’t asking the Newark City Council why it did
not consider Granville by the actions Newark has taken.
Newark has said they are going to do what is good for them
and that Granville will have to deal with their own
problems. With this attitude by Newark, he questioned why
we should be overly concerned about the impact of the
current legislation on Newark.
Deder Harram questioned how the members of this Council
would justify to the River Road citizens the increased truck
traffic to eliminating through trucks on S. Cherry Valley.
Councilmember Wernet stated that he does not
anticipate that a trucking firm would be reckless enough to
take that sort of route.
Ordinance No. 23-98
Vice Mayor McGowan asked the Law Director to expand on his
current knowledge of this subject.
Law Director Hurst advised that an individual with the area
of expertise in transportation regulation, corridor access,
etc., has been contacted. He noted that this individual has
agreed to make a comprehensive listing and regulation of the
streets and intersections in the areas of concern. He noted
that this gentlemen should be able to report back to Council
with a list of options and regulations with 2 or 3 weeks.
Vice Mayor McGowan re-iterated that he is more comfortable
with getting more than one opinion before casting a vote on
something that could be taking us to court on issues or
addressing something that could terminate businesses
severely. He is not in favor of an emergency dealing with
this ordinance.
Councilmember Minklei is convinced that the right thing to
do is to pass this Ordinance. She feels this needs to be
the start of more discussion and is afraid that if this
Ordinance is not passed, everyone will go away and not
return as there would be no reason to. She made it make
clear that this is not a matter of revenge for what Newark
has done with Keny but it is only the ultimate frustration.
She also feels there is need for a comprehensive approach
to the north/south issue.
Councilmember Robertson stated she was in agreement with Ms.
Minklei, however should would like this Ordinance to pass
and simultaneously create a committee to review.
There was discussion about enacting the Ordinance and
delaying the enforcement of Cherry Valley Road.
Bob Howarth committed Kroger (Tamarack Dairy) and Universal
Veneer to this issue and will do his best to contact a list
of companies supplied by the Village and invite them to
these meetings. He asked for 30 days to put together a
committee and some discussion about this issue. He said
that this committee will put together a plan. He asked that
anyone in attendance could sign up to be a part of an ad hoc
committee. He will contact these individuals and to
effectuate a plan and return to Council in 2 weeks with a
report.
It was noted that the ordinance will not take affect for 30
days. Within that time if a solution to the truck traffic
problem is going well the grace period could be extended.
It was noted that the need for an emergency clause has been
eliminated.
Councilmember Robertson moved the question.
Councilmember Wernet made a motion to amend Ordinance No.
23-98 as follows: Delete the title and insert "An Ordinance
To Amend Sections 301.38, 301.44 through 301.53, 303.99,
305.02, And 339.02, And To Enact Section 331.44 Of The
Codified Ordinances Of The Village Of Granville, Ohio. To
Provide Uniform Regulation Of Truck Traffic In The Village
Of Granville", make insertion into the Section I to conform
with the title, and remove the emergency clause. Second by
Councilmember Minklei. All ayes. Motion carried.
Roll call vote to adopt Ordinance No. 23-98: Robertson yes,
Minklei yes, Lucier yes, Rader yes, McGowan yes, Wernet yes,
Bellman yes. Seven yes votes. Ordinance No. 23-98 is
adopted.
CITIZENS COMMENTS
Bernie Lukco, of 343 E. College Street, reported to Council
on the "Old Middle School" parking issue. He noted that the
neighbors have no objection to using this lot as a parking
lot but that the area should be defined, graveled so there
is no run-off, and that posts with a chain connection be put
at the entrance with School Administration responsible for
making sure it is locked. He noted that the Board of
Education has given the impression that they are not
interested in working with this group.
Rochelle Steinberg, of 425 E. College Street, read a letter
with concerns. She stated that the site plan approval was
given to the School Board by the Planning Commission and the
BZBA and that the School Board has not complied to date.
She mentioned a "temporary" arrangement which had been
agreed to and expressed concern of such an agreement. She
feels there is no legal basis to vary from the approved plan
which she feels sets a risky precedent for the Village. She
asked that until property drainage and proper screening was
provided that parking on the lot not be permitted. She also
asked that the Police Department be authorized to enforce
the no parking policy and ticket/tow vehicles on the lot.
Robin Bartlett, of 410 E. Broadway, also reading a statement
to Council, stated she is the most directly affected by a
temporary parking lot. She stated that headlights, noise of
engines, car doors, and people conversing will be an undue
burden to her. She asked that the Village Council visit her
property and investigate how important screening is in this
situation.
Clifton Crais stated he feels it is a good idea that the
Village hire an expert to research traffic issues. He asked
that this expert speak with the community for input but be
directed to not participate in the ad hoc committee.
Law Director Hurst Rufus stated that this person was not a
consultant. He noted that this is a lawyer who will define
for only this Council what its regulatory options are,
notwithstanding what the various parties wishes may be. He
will tell this Council what the law says it can do.
John Castle, of 216 E. College Street, feels other
things need to be done in regard to the traffic. He again
stated his concern with the amount of traffic on College
Street. He suggested signs saying all through traffic must
use state routes.
Jim Jump, of 143 Thresher Street, explained that the Manager
had asked for his input on Ordinance No. 23-98. He stated
he does support consulting a true motor vehicle lawyer. He
also reminded that the Licking County Planning Commission
has offered to donate $10,000 for a traffic study with
regard to the Thornwood project.
Don Contini, of 315 N. Pearl Street, feels this Council
should sit down with the School Board to address the Old
Middle School parking lot issues.
Jim Harf, a member of the School Board, stated that he was
unaware of the magnitude of this problem. He stated that
there were things being done, like putting railing up on the
entrance, grading, putting cement barriers to define the
parking, posts and a chain. He mentioned the possibility of
using a snow fence to deter parking. He feels the School
Board has acted in good faith in working with the Village
Manager and Planner. He noted that Village Police do not
have authority to tow vehicles illegally parked in the
parking lot. He noted that the Board had instructed the
Superintendent that all violators are to be towed. He noted
that the lots are to be put up for sale as soon as possible.
Manager Hickman noted that a permit has been issued to allow
for a temporary lot with a chain. He suggested that the
snow fence be added and they need to be responsible for
towing.
David Bussan, of 420 E. Broadway, stated he has 128
ft of property line that is contiguous to where the Middle
School used to be. He noted that since the demolition the
ground has not been graded away from his property and water
drains into the back of his lot. He voiced a concern that
the permit allows 2 years before the parking lot must be
complete and asked who will be responsible for drainage
problems on these lots if they are sold in the mean time.
Jim Harf stated that the School Board would solve the
drainage problem to the satisfaction of the Village. He
stated that future property owners will be responsible for
solving the water drainage on their property. He said the
school board is trying to get this issue resolved as soon as
possible.
Councilmember Robertson remarked that the lights on
the side of the new elementary school were too bright and
suggested they be adjusted. She also asked if the new
railing was temporary and if it had been approved.
Mr. Harf stated that he would look into the bright
light issue. He does not remember whether there was a
railing approved.
Don Contini suggested that volunteers put up concrete posts
with chains around the lot as a temporary measure to block
traffic from parking in the lot. He suggested that the
School Board pay for the supplies.
Jim Havens committed to talking to the School Board
to get a clearer idea of what is to happen on a temporary
basis and work on the problems from that point.
David Bussan, of 420 E. Broadway, noted that the
speed limit is not being enforced along E. Broadway.
It was suggested that the Manager get a report from
the Chief of Police with regard to E. Broadway enforcement.
Maxine Montgomery also reminded Council and Citizens to
remember that there has been a shuffling of responsibilities
in the Village Offices. She hopes that Council evaluates
that situation closely because if people are spread too
thin, money may be saved but productivity is reduced. She
then asked if the Law Director had given an opinion on
Ordinances No. 19 and 20-98.
Councilmember Wernet noted that Council would take
into consideration the Law Directors thoughts on these
Ordinances. He also stated that this Council was very
please with what the staff has been able to accomplish with
reduced cost. He stated that was one of the factors that
led to the 1.52% "bonus" to Village employees. He stated
that the Personnel Committee has been looking very carefully
to make sure things aren’t stretched too thin.
CHERRY VALLEY ROAD
Mayor Bellman questioned why the Village was putting
in five lanes on S. Cherry Valley Road if it is going to be
consumed by another community. He noted that this section
of road was under construction and Council needs to make a
decision. He questioned why Granville would build five
lanes for other community’s to benefit. He feels that if
we’re concerned about overburdening our schools why are we
facilitating the sale of those lots (Keny) by improving the
road that leads to them.
Councilmember Rader noted that this road improvement
was approved by the Planning Commission during the Bob Evans
site plan approval. It was noted that it is too late to
change that plan.
Manager Hickman noted a provision had been made in next
years budget to work with Keith Myers, and others, in the
review of traffic patterns and parking.
COMMITTEE REPORTS
Councilmember Lucier reported that the Union Cemetery Board
met with legal advisers today and are moving ahead on the
Cemetery boundary dispute.
She also thanked Manager Hickman for his efforts in
organizing the Council picnic, and congratulated Jim Jump
for his appointment as chairman of the Joint Economic
Development District Committee.
ADJOURNMENT
Councilmember Lucier moved to adjourn the meeting at
11:30pm. Councilmember Wernet second. Motion carried.