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Monday
Jan232012

Council Minutes 11/7/01

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
November 7, 2001


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

ROLL CALL (7:32pm)
Those responding to the roll call were Councilmembers
Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor
Wernet; Mayor Robertson; Manager Hickman; Law Director
Crites.

Resolution No. 01-67, A Resolution Of Appreciation To
Barbara Lane Lucier And William Wernet For Their Service On
The Village Council To The People Of The Village Of
Granville, was introduced and read in full by Councilmember
Moore. Second by Councilmember Crais. Motion carried. Mayor
Robertson added her thanks as well, both personally and
professionally.

CITIZENS’ COMMENTS (opened by Mayor Robertson at 7:37pm)
All Topics
Jackie O’Keefe, 4 Samson Place. Ms. O’Keefe read a short
expression of appreciation for Ms. Lucier’s service to the
Village.

St. Luke’s – Building Addition Request
[Councilmember Crais recused himself from the discussion
due to his connection with St. Luke’s.] Bill Hayes, 560 W.
Broadway, architect and member of St. Luke’s. Mr. Hayes
expressed the congregation’s hope that Council had reviewed
their submissions and would rule at this evening’s meeting.
Members of Council had no questions at this time. Law
Director Crites noted that a resolution would be presented
for vote at the meeting of December 5th. Mr. Hayes asked if
Council could at least give St. Luke’s an indication of
their intention, then formalize it in a month. Mayor
Robertson said it didn’t appear they could do so.
Councilmember Lucier asked if a simple resolution could be
drafted at the current meeting; Manager Hickman and Law
Director Crites excused themselves to do so. [Resolution
No. 01-66, the result of their efforts, appears later in
these Minutes.]

Mayor Robertson closed Citizens’ Comments at 7:42pm.
[Councilmember Crais returned to the table.]

PUBLIC HEARINGS (7:42pm)
Ordinance No. 34-01, An Ordinance Authorizing The Village
Of Granville To Extend Sewer Services To The Granville
Exempted Village School District’s New School Site And
Authorizing The Village To Sell Its Surplus Utilities, And
Declaring An Emergency.

Comments:
Kathy Lowery, Superintendent of Schools, 130 N. Granger
Street. Ms. Lowery noted that this was an important evening
for the district and the community. She thanked Mayor
Robertson and Councilmembers Lucier, Moore, and McGowan for
their work on this ordinance and thanked the entire Council
for considering it. She stated that the School Board could
fully support the provisions in 34-01.
 
Constance Barsky, 221 East Elm Street. Ms. Barsky
questioned the appearance of Ordinances 34-01 and 37-01 on
the same agenda. She felt 37-01 better reflected the intent
of the Village and clarified some of the issues that have
arisen and recommended that Council consider 37-01 rather
than 34-01.

Wes Sargent, 66 Winsted Circle. Mr. Sargent spoke in
support of the School Board, noting that both bodies want
what’s best for the community. He reminded everyone of the
basic dilemma—that the EPA wants school to tie in to the
Village’s utility and the Village doesn’t want anyone else
to do the same—and urged members of Council to stay focused.

Mayor Robertson closed the public hearing at 7:47pm.

Ordinance No. 36-01, An Ordinance To Amend Section 145.14
Of The Codified Ordinances Of The Village Of Granville. No
one appeared to speak for or against the Ordinance. Mayor
Robertson closed the public hearing at 7:48pm.

OLD BUSINESS (7:48pm)
Ordinance No. 34-01, An Ordinance Authorizing The Village
Of Granville To Extend Sewer Services To The Granville
Exempted Village School District’s New School Site And
Authorizing The Village To Sell Its Surplus Utilities, And
Declaring An Emergency, was re-introduced by Vice Mayor
Wernet. Second by Councilmember McGowan.  

Discussion:  
Councilmember Moore noted that amendments made to 34-01
since it original introduction on October 17 were marked in
the text. She distributed an additional list of “friendly”
amendments, then moved to have the marked changes and the
friendly amendments included as part of 34-01. Second by
Councilmember McGowan. Discussion: Councilmember Moore
reported that she, Mayor Robertson, Councilmember Lucier,
Law Director Crites, and Manager Hickman had met last
Friday, with the goal of taking Mayor Robertson’s original
draft of Ordinance 37-01, incorporating Councilmember
Bellman’s suggested revisions as well as comments from the
school district, and producing a balanced recording of the
historical record. Since that meeting, she has seen further
amendments from Councilmembers Bellman and Crais, which she
discussed with the school district before crafting the list
of friendly amendments. She urged everyone to give a little
bit and come to agreement. Vice Mayor Wernet called the
question on the amendments. Mayor Robertson instructed
members to take the time to read Councilmember Moore’s
friendly amendments, then took a voice vote on the motion-
to-call. Motion-to-call carried. A voice vote on the
amendments yielded three (3) affirmative votes, four (4)
negative votes. Motion-to-amend not carried.
 
Councilmember Moore stated that 34-01 was a better
ordinance when amended. Councilmember McGowan felt it had
been a “valiant effort” at a compromise between all the
proposed iterations. Vice Mayor Wernet called the question
on the 34-01. Motion-to-call carried. A voice vote on
Ordinance 34-01 yielded two affirmative votes
(Councilmembers McGowan and Moore) and five (5) negative
votes (Councilmembers Bellman, Crais, and Lucier; Vice
Mayor Wernet, Mayor Robertson). Ordinance No. 34-01 is not
adopted.

Ordinance No. 36-01, An Ordinance To Amend Section 145.14
Of The Codified Ordinances Of The Village Of Granville, was
reintroduced by Councilmember Wernet.  Second by
Councilmember Crais.

Discussion:
Mayor Robertson moved to amend Section 145.14(B) as
follows: “…and to be paid for the first month as specified
above in (A)(1), and thereafter, during each monthly pay
period….” Second by Vice Mayor Wernet. Vice Mayor Wernet
called the question. Motion-to-call carried. Motion-to-
amend carried.

A Roll Call vote on the ordinance as amended yielded seven
(7) affirmative votes (Councilmembers Bellman, Crais,
Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor
Robertson). Ordinance No. 36-01, as amended, is adopted.
Mayor Robertson asked Manager Hickman to inform Ed McCaul
of this action.

NEW BUSINESS (8:03pm)
    Ordinance No. 37-01, An Ordinance Authorizing The
Village Of Granville To Extend Sewer Services To The
Granville Exempted Village School District’s New School
Site And Authorizing The Village To Sell Its Surplus
Utilities, And Declaring An Emergency, was introduced by
Mayor Robertson. Second by Councilmember Bellman.
    
    Discussion:
    Mayor Robertson stated she felt agreement could
have been reached if more time had been available and
emphasized that 37-01 is not competing with 34-01 or even
with the previous version of 37-01. She noted that Council
has work to do that the School Board doesn’t have and
called their respective responsibilities an “appropriate
division of labor.” She also noted that conflict is normal
and natural; it’s what we do about it that matters. She
stated that the emergency clause in 37-01 would permit
passage of the ordinance at this meeting, at which point it
would go into effect.
    
    Vice Mayor Wernet stated that the historical record
contained in 37-01 is important to document Council’s
serious concerns about extension of sewer service. He felt
Council needed to move beyond earlier points of
disagreement and pass this ordinance since  earlier
concerns about others being able to tap in to a new sewer
line have been allayed by the OEPA and Law Director Crites,
making the risk virtually non-existent as currently
written. Councilmember Bellman agreed with Vice Mayor
Wernet’s comments on the historical perspective. He also
urged the School Board to make every effort to accomplish
eventual annexation to gain Village police protection for
the new school.
    
    Councilmember Bellman, responding to a request from
Councilmember Lucier, highlighted some of the differences
between 34-01, including the proposed amendments, and 37-
01. Councilmember Moore added her comments to the answer,
emphasizing that 34-01, as proposed, had been drafted after
consulting with the school district. In short, 34-01, if
amended as proposed by Councilmember Moore, would have
specified consultation/negotiation on a number of points
(e.g., green space, whether or not a public road is
appropriate, who would fund a bike path). In 37-01, the
school district is responsible for those same items (e.g.,
specific number of acres dedicated to green space,
requirement for a public road, requirement that the school
district fund the bike path).
    
    Mayor Robertson expressed concern about the
parallel processes that produced the two ordinances, 34-01
and 37-01. She noted that in early October she had
appointed Councilmember Lucier and herself to conduct talks
with the school district and OEPA. Those meetings occurred
and progress was made. At the same time, however, other
members of Council were having discussions with school-
board members—meetings Mayor Robertson was not aware of.
Different conclusions were drawn and different ordinances
were drafted. The resulting confusion impedes the progress
of negotiations and blurs the lines of what, exactly, is
Council’s position in the matter. Vice Mayor Wernet
concurred, expressing the hope that as Council goes
forward, such side conversations will no longer occur.
    
    Councilmember Moore assured Mayor Robertson (who
had had to leave the Friday meeting early in order to teach
a class) that there had been no effort to undermine her
work after her departure; Councilmember Lucier concurred.
Councilmember McGowan expressed his appreciation that
Councilmember Moore had contacted the School Board, noting
that neither Councilmember Bellman nor Councilmember Crais,
who drafted 37-01, had done so.
    
    Councilmember McGowan stated his objection to
language in the 13th “Whereas” that described the Village
as “not happy” with the school site—a characterization not
borne out by the recent elections. Mayor Robertson moved to
amend the 13th “Whereas” as follows: “WHEREAS, even though
the Village is not happy with the School Board’s decision
to construct the new school at the Van Winkle Property, the
Village recognizes the substantial public funds….” Second
by Councilmember Lucier. Motion-to-amend carried.
    
    Vice Mayor Wernet moved to amend the 6th bullet
point under Section 3 by changing “160 acres” to “60
acres.” Second by Councilmember Crais. Discussion: Ms.
Lowery stated that the school district had purchased the
land with the intent of using it for schools and declaring
how much acreage could or would be green space is premature
at this point. She also noted that the tract is actually
179 acres, not 184. Melissa Obenauf emphasized that it is
not up to Village Council to tell the School Board how to
use their land. Council simply needs to tell them if they
have extension of sewer or not. She pledged that the Board
will do the best they can, but is not prepared to specify
green-space acreage tonight. Councilmember Lucier asked
Township Trustee Wes Sargent about Township open-space
requirements. Trustee Sargent responded that they only
apply to PUDs. Mayor Robertson suggested deleting the 6th
bullet. Councilmember Lucier suggested substituting
Councilmember Moore’s proposed language on the subject.
Vice Mayor Wernet agreed (as did Councilmember Crais) to
replace his original amendment to the 6th bullet point in
favor of Councilmember Lucier’s suggestion, as
follows: “The School District shall agree to maintain 160
acres of the 184 acres set aside some portion of the Van
Winkle property as permanent green space  – that is, as
permanent agricultural land and/or as passive park
land ,such number to be negotiated with the Village after
the School District obtains expert guidance.” Motion-to-
amend carried.
    
    Councilmember Moore asked Councilmember Bellman to
clarify what he meant, in Section 1, by “under terms
similar to the utility contract the Village just entered
with Kendal Corporation.” Councilmember Crais responded
they were expecting the “same level of detail and
explication” as in the Kendal contract. Other members,
however, had read it in other ways. Councilmember Moore
moved to delete “…under terms similar to the utility
contract the Village just entered with Kendal Corporation.”
Second by Councilmember Lucier. Discussion: Vice Mayor
Wernet asked what guidance Council would be giving Manager
Hickman for negotiation. Councilmember Lucier suggested
adding a clause at the end of Section 2, as follows: “…with
regard to the sewer services, subject to approval by
Council.” Councilmember Moore agreed to the change. Mayor
Robertson ruled that the two points would be voted on as a
single amendment. Motion-to-amend carried.
    
    Vice Mayor Wernet moved to add to Section 2, as
follows: “…with regard to the sewer services, at a rate
between 1.0 and 1.3 of the Granville residential rate,
subject to approval by Council.” Second by Councilmember
Crais. A voice vote on the amendment yielded five (5) ayes
and two (2) nays. Motion-to-amend carried.
    
    Superintendent Lowery responded to 37-01 by noting
that in November 2000 the community had passed a $32MM bond
issue—a direct reflection of the value people in the
community place on education and on the job being done by
the professionals in the school system. Every cent of that
$32MM is budgeted. In short, there is no money available to
do the things Council wants to have done through this
ordinance (e.g., no money to build a public road, even if
the BZA wanted one, and no money to build a bike path).
While each mil of the operating levy brings in $260,000,
88% of the budget is spent on personnel. She further noted
that the historical account and documentation contained in
37-01 is Council’s perspective, not the School Board’s. The
ordinance as presented contains multiple caveats that the
school system cannot afford—so much so that they cannot
accept sewer service under these conditions. They will
continue on with the permit request to install the package
plant if an agreement that won’t unduly burden the
taxpayers can’t be reached. She concluded by stating that
everyone had been trying hard to find an acceptable
compromise, only to be faced with provisions in this
ordinance that have never been discussed. Councilmember
Bellman proposed that the document, in toto, says that
Council really wants that school to be part of the Village.
    
Councilmember Moore moved to amend Section 3 by deleting
the 4th and 5th bullets and inserting three points from her
proposed amendments to 34-01, as follows: “▪ The School
District shall construct an access road between Burg Street
and Loudon Street and will discuss with the BZA and
Granville Township when the road should be open. ▪ The
School District shall discuss with the Township whether the
Township would like to construct a public road between Burg
Street and Loudon Street across the Van Winkle property. ▪
The School District shall work with the Village and the
Township in the construction of a bike path from the
existing high school to the new school and, if necessary,
shall participate in the expense of constructing such bike
path.” Second by Councilmember McGowan. Discussion:
Councilmember Bellman suggested his wording of this issue
was better and that the school might pay for the access
road, which the Village and Township could then upgrade to
a public road. Vice Mayor Wernet and Mayor Robertson
concurred. Councilmember Moore called the question on the
amendment. Motion-to-call carried. A voice vote on the
amendment yielded two (2) affirmative votes, four (4)
negative votes, and one (1) abstention. Motion-to-amend not
carried.
    
    Councilmember McGowan expressed his frustration
that Council was still discussing an ordinance the school
board said they couldn’t support and presuming to speak for
the Township Trustees, who are not present. He called the
question on the ordinance. Second by Councilmember Lucier.
Motion-to-call carried.
    
    A Roll Call vote on the emergency clause yielded
six (6) affirmative votes (Councilmembers Bellman, Crais,
Lucier, and Moore; Vice Mayor Wernet, Mayor Robertson) and
one (1) negative vote (Councilmember McGowan). The
emergency is declared.
    
    A Roll Call vote on Ordinance 37-01 as amended
yielded five (5) affirmative votes (Councilmembers Bellman,
Crais, and Lucier; Vice Mayor Wernet, Mayor Robertson) and
two (2) negative votes (Councilmembers McGowan and Moore).
Ordinance 37-01, as amended, is adopted.
    
    Mayor Robertson called a brief recess.
    
    Resolution No. 01-66, A Resolution Approving A
Request From St. Luke’s Episcopal Church For Permanent
Improvements And Renovations To The Village-Owned Property
Located at 118 South Main Street, was introduced by Vice
Mayor Wernet. Second by Councilmember Lucier. Motion
carried.
    
    Ordinance No. 38-01, An Ordinance To Amend
Ordinance No. 25-00 Providing For Adjustments Of The Annual
Budget For the Fiscal Year 2001 And Revising Sums For
Operating Expenses, was introduced by Vice Mayor Wernet.
Mayor Robertson set the public hearing for December 5, 2001.

Resolution No. 01-62, A Resolution To Establish The Time
And Place Of A Public Hearing For The 2002 Municipal Budget
As Proposed By The Village Manager. Resolution No. 01-63, A
Resolution To Authorize The Village Manager To Advertise
For Bids For The Purchase Of Water And Sewage Treatment
Chemicals, was introduced by Vice Mayor Wernet. Second by
Councilmember Crais. Motion carried.
 
Resolution No. 01-63, A Resolution To Authorize The Village
Manager To Advertise For Bids For The Purchase Of Water And
Sewage Treatment Chemicals, was introduced by Vice Mayor
Wernet. Second by Councilmember McGowan. Motion carried.

Resolution No. 01-64, A Resolution To Allow For The
Donation Of Bicycle Surplus To The Licking County Housing
Coalition, was introduced by Councilmember McGowan. Second
by Vice Mayor Wernet. Motion carried.
    
[Councilmember Moore recused herself from the following due
to her ownership of stock in Park National Bank.]
Resolution No. 01-65, A Resolution To Award The Proposals
For Deposit Of Public Funds, was introduced by
Councilmember McGowan. Second by Vice Mayor Wernet. Motion
carried. [Councilmember Moore returned to the table.]
    
OTHER (9:58pm)
JEDD Appointment
Tym Tyler was appointed to the post, to interact with the
Township’s JEDD representative.
 
Comprehensive Plan Review Committee
Council accepted the letter received from the Committee and
placed the item on the agenda for December 5th.

EXECUTIVE SESSION
Councilmember Moore moved to enter into Executive Session
for the purpose of discussing land acquisition. Second by
Vice Mayor Wernet second. A Roll Call vote yielded seven
(7) affirmative votes: Councilmembers Bellman, Crais,
Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor
Robertson. Time in: 10:05pm.

Councilmember McGowan moved to adjourn the Executive
Session. Second by Vice Mayor Wernet. A Roll Call vote
yielded seven (7) affirmative votes: Councilmembers
Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor
Wernet, Mayor Robertson. Time out: 10:21pm. [Note:
Councilmember Crais was excused from the meeting at
10:15pm.]

MAYOR’S COURT REPORT (10:23PM)
The Mayor’s Court Report for the month of September was
presented for review. Vice Mayor Wernet moved to accept the
report; second by Councilmember McGowan. Motion carried.
Vice Mayor Wernet directed the report be filed with the
Clerk. A copy of said report is attached as part of these
minutes.

REVIEW AND APPROVAL OF MINUTES (10:25pm)
Regularly Scheduled Meeting of October 17, 2001. The
following additions/corrections were requested: 1)
Councilmember Moore, p 8, under Streets/Sidewalks/Utilities
Committee – “Councilmember Crais stated that area of
Granville is an important gateway….” Vice Mayor Wernet
moved to approve the Minutes as amended; second by
Councilmember McGowan. Motion carried.
 
COMMITTEE REPORTS (10:27pm)
Economic Development Committee (Councilmembers Crais,
Moore; Mayor Robertson).
Councilmember Moore reported that Kathryn Wimberger is
working to schedule another meeting with the OSU students.
Finance Committee (Councilmember Moore).
No report.
 
Newark-Granville Joint Committee (Mayor Robertson,
Councilmember Bellman)
Councilmember Bellman reported on discussions with Bruce
Bain and others from Newark during which he expressed
concerns about River Road annexation to Newark and a
proposed change in zoning to single-family. He will try to
attend the next Newark City Council meeting.

Personnel Committee (Councilmember McGowan).  
No report.  

Planning Commission (Councilmember Lucier).   
Councilmember Lucier had no report of the most recent
meeting but noted that the Pyles have submitted a
demolition-permit request. She is concerned, as she
expressed at the last meeting, that this might be premature
since we still don’t know what might or might not happen
with the Library. Mayor Robertson asked if Council could
specify a contingency that the house not be demolished
until the Library’s plans are more fully formed. Manager
Hickman noted that the Pyles and the Library had an
agreement that the house would be gone from the site by
August 31st but that we might be able to delay demolition
until the Library plans had been approved. He will relay
this to the Planning Commission.
 
Rec Commission (Councilmember McGowan).   
Councilmember McGowan reported the Commission is
considering a Baseball Commissioner. They are also very
happy that the levy passed.
 
Street Light Committee (Councilmember McGowan).   
Councilmember McGowan reported that work is done for this
year—the 6th year of a 6-year project.
 
Streets, Sidewalks & Utilities Committee (Vice Mayor
Wernet; Councilmembers Bellman, Crais).
No report.
 
Tree & Landscape Committee (Councilmember Moore).
The Committee will meet November 20th.

Union Cemetery Board (Councilmember Lucier).  
No report.


Strategic Land Acquisition Committee (Councilmembers
Bellman, Crais, Moore).
Councilmember Moore reported Councilmember Crais is working
on the final report.

JEDD
No report.
 
MEETING ANNOUNCEMENTS
November 5, 2001 – Lewis Park Committee (7:00pm)
November 6, 2001 – GRC (7:30pm)
November 6, 2001 – Comp Plan Review (7:00pm)
November 8, 2001 – BZBA (7:00pm)
November 13, 2001 – PC (7:30pm)
November 20, 2001 – T&L (7:00pm)
November 26, 2001 – Planning Commission (7:30pm)

Mayor Robertson announced that Dan Dudley of OEPA would be
present at the December 5th meeting to discuss the 208 Plan.
 
ADJOURNMENT
Vice Mayor Wernet moved to adjourn the meeting at 10:35pm.
Second by Councilmember McGowan. Meeting adjourned.

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