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Monday
Jan232012

Council Minutes 6/6/01

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

ROLL CALL (7:30pm)
Those responding to the Roll Call were Councilmembers
Crais, Lucier, and McGowan; Vice Mayor Wernet; Law Director
Crites. Councilmember Bellman arrived at 7:33pm, Manager
Hickman at 7:44pm, Mayor Robertson at 7:47pm. Councilmember
Moore had previously informed Council of her inability to
attend the meeting.

CITIZENS’ COMMENTS (7:33pm)
All Topics
Constance Barsky, 221 E. Elm Street. Ms. Barsky brought
forward the concerns of Citizens for Sensible Growth (CSG),
expressed at a meeting held two weeks ago for members of
Council and the Township Trustees. CSG feel it is important
to bring together area townships (i.e., Harrison, St.
Albans, and Union) with Granville and Granville Township to
discuss their common interests in preserving the nature of
our communities. She noted that, if asked, CSG would assist
in facilitating such a meeting but wanted a firm commitment
from both Council and the Township Trustees that this would
be worthwhile before moving forward. She noted that the
Granville Land Conservancy is considering changing its name
to reflect the fact that it represents a larger
constituency.

Scott Harmon Surveying – Copyright Infringements
[Councilmember Crais abstained from the discussion due to a
previous professional relationship with Mr. Harmon.

Scott Harmon (55 Margaret Lane; professional surveyor and
lifetime Granville resident). Mr. Harmon emphasized that
surveying points are incorrect in Granville in many, if not
all, instances. He noted his objection to having one of his
drawings accepted by the BZBA as a definitive plot plan
even though such use was specifically prohibited in writing
on the drawing and the homeowner had not obtained Mr.
Harmon’s permission to use the drawing. He urged the
Village to require an accurate survey depicting existing
and proposed buildings prior to any development—a practice
that would insulate the surveyor from liability that may
arise through the use of an unauthorized and/or informal
document. To illustrate, he said that the BZBA and/or
Planning Commission would never grant building permits
based on xerographic copies of plans but would insist on
working from the originals. He then asked that the
surveying profession be treated with equal respect. He
suggested that Council review ordinances from other
municipalities.

Bob Malcuit, 526 W. Broadway (formerly 126 West Elm). Mr.
Malcuit spoke in support of Mr. Harmon, reporting that the
real estate agent involved in the sale of his home on West
Elm Street “laughed” when asked for an accurate survey.
[Many people present at the meeting reported similar
reactions resulting from discussion about, or requests for,
accurate surveys. Attorney Robert Drake, with 30 years’
experience in the title business, concurred that “the whole
village is off.”] Mr. Harmon stated that the common
practice of relying on surveying pins, contractors’ nails
or stakes with orange tape, or even neighbors’ word-of-
mouth has, over the years, led to the current state of
confusion. Since one misplaced or misread corner pin can
throw the survey of a whole block out of kilter, Mr. Harmon
suggested that, as a community, we should do something
about it. Specifically, he asked that a survey committee be
formed to discuss a possible re-platting of the Village. He
has already surveyed a lot of the village and offered to
contribute “years and years of work” to the project. He
suggested that the re-platting could be done one block at a
time, with each individual property owner signing a quit-
claim deed for all lots on the block. The block is then
considered as a single entity and subdivided into the pro-
rated number of lots specified. Mr. Harmon noted that
Buckeye Lake had already done a re-plat. It involved “some
hesitation” from landowners, but the lots are now pro-rated
and corrected and all the owners now have actual lines
established.

Councilmember Bellman urged Council to wait until they had
some feedback from the public on this issue (i.e., “if
there’s no groundswell for fixing this, it might be time
wasted.”). Manager Hickman suggested the committee come up
with some alternatives about what might make sense and
bring their ideas back to Council. There was a consensus
among members of Council to proceed. Mr. Malcuit was asked
to chair the committee, Mr. Drake to be a member. Both
agreed. Mr. Harmon asked that they review Grove City’s
zoning requirements for construction as to site plans and
staking procedures. There was some question as to the
advisability of Mr. Harmon serving on the committee (which
he offered to do) since he might have a conflict of
interest if he ended up doing any work requested. Mr.
Malcuit said he could certainly form a survey committee
without any surveyor on it but would eventually need
detailed information. He and Manager Hickman will work it
out.

Mr. Harmon urged Council to take seriously the danger of
litigation arising from the BZBA ignoring copyright
violations, stating that he might well have pursued it
already if this were not his hometown. He added that,
regardless of whether or not the re-plat goes through, we
should ensure that our regulations reflect as much respect
for the land itself as for historical details on the
buildings. He reiterated his point that architects and
builders are not surveyors and cannot legally represent
accurate depictions of a lot.

Vice Mayor Wernet asked Mr. Harmon to give copies of the
Grove City regulations to Manager Hickman. Councilmember
Lucier asked Law Director Crites to determine whether the
Village has legal liability in this instance.

Vice Mayor Wernet turned the gavel over to Mayor Robertson
at 8:59pm.
TOWNSHIP/VILLAGE JOINT MEETING (7:59pm)
Mayor Robertson expressed her appreciation to the Trustees
for being willing to delay the start-time of the meeting
from 7:35 so she could attend a memorial service. She then
called the joint meeting to order. Members of Council
responding to the Roll Call were Councilmembers Bellman,
Crais, Lucier, and McGowan; Vice Mayor Wernet, Mayor
Robertson; Manager Hickman; Law Director Crites. Members of
the Township Trustees responding to the Roll Call were
Trustees Havens, Jones, and King; Clerk Kennedy.

Both bodies reviewed the agenda. There was some confusion
about who had and had not received it in advance. Mayor
Robertson and Trustee Havens agreed to meet before the next
joint meeting to confer about the agenda before it is
distributed and ensure that everyone receives it in a
timely manner. No changes were made to the agenda for this
meeting.

UPDATE OF COMPREHENSIVE PLAN
Charlie Metzger (81 Maplewood Drive; chair of the Review
Committee) reported that the Committee has begun its work
and has identified three tasks: 1) an analysis of the
implementation of the 1998 plan; 2) an analysis of the plan
in terms of its effectiveness in light of today’s
circumstances; and 3) recommendations to Council and the
Township Trustees. Mr. Metzger asked that both bodies, as a
group and/or individually, convey their primary areas of
concern to him so the Committee can focus its efforts
effectively. He will make the same request of the Land
Conservancy, the Township Zoning Commission, and the
Village Planning Commission. Trustee Havens stated that he
had already prepared a memo from the Trustees outlining
what they feel needs to be looked at. Trustee Jones
commented on the broad scope of the review and asked if Mr.
Metzger felt the Committee could meet the stated 60-day
deadline. Mr. Metzger said that would be difficult but felt
that having a set date created helpful parameters to keep
the Committee on track. He did, however, reserve the right
to extend the deadline if necessary. Trustee Havens thanked
Mr. Metzger for volunteering his time for this project.

UPDATE ON USE OF TOWNSHIP and VILLAGE FUNDS TO OBTAIN
PROPERTY
Trustee Havens stated the Township objectives on this issue
were in place and being acted on. He asked where the
Village sees itself fitting into that process and whether
it is willing to commit funds. He noted that the Township’s
ability to acquire property outside Township limits is
limited and that, when such property is strategic, Village
assistance would be helpful. The Village could also partner
in certain other kinds of sites, especially if its
willingness to do so were known in advance. Manager Hickman
reported that Council had formed a Strategic Lands
Committee. Councilmember Crais, noting that the Committee’s
first meeting is scheduled for early July, said that pre-
meeting discussions have centered on general principles and
objectives in the context of Council’s intent in passing
the resolution to form the committee. Council, recognizing
that there are not vast sums of money available for this
purpose, wrote into their resolution a mechanism to
identify property and price as well as the ability to go to
the voters if necessary. Council also committed to
considering land outside the Village and/or the Township.
Trustee Havens added that bond issues might be a helpful
tool. Vice Mayor Wernet, after confirming with Trustee
Havens that Councilmember Moore had informed him of the two
specific properties being looked at by Council, noted that
both bodies were interested in moving with all deliberate
speed. He added that Council could use “other funds where
that would be permissible.” Councilmember Crais urged
members of both bodies to keep good channels of
communication open with each other and with their varied
constituencies. Vice Mayor Wernet thanked the Trustees for
working so hard to make this joint effort happen. Trustee
Havens, responding to a question from Councilmember Crais
about an impending purchase of the Rader property,
explained how the Trustees try to “recycle” or leverage
their open-space monies (which come with strict rules) by
purchasing development rights. For example, with the
Showman property, they purchased a development easement
allowing one house per 30 acres—an option that can then be
sold to recover some of the purchase price. The Rader land
could yield three parcels of 30-50 acres each. The Van
Winkle land fits that pattern as well—development rights
purchased with open space money. The next 2.5 mil levy will
raise $2.5 million over the next five years—not nearly
enough to fund a comprehensive plan of strategic land
purchases, hence the need to constantly recycle those
funds. Clerk Kennedy added that the whole key to their
decisions is limiting density.

RESOURCE SHARING
Clerk Kennedy reported that he had met with Manager Hickman
and Molly Roberts. They compared vendor lists and
discovered that the budgets are too small to accrue much
benefit from shared purchasing. Roadwork sharing is
possible but not likely. The Village usually bids its work
in January for the coming “season” and combines major
infrastructure work with paving projects. The Township does
a road survey in March, after the spring thaw, to see what
needs attention. However, even though the timing is off, we
will continue to try and join forces whenever possible.
Emergency usage of each other’s specialized equipment,
which has been done informally in the past, will continue
on a more formal basis. As for major equipment, much of the
Village’s equipment is either not needed or not applicable
in the Township, or is fully scheduled by the Village. All
parties felt the meeting and discussions were good just in
terms of open communication.

JEDD PRESENTATION
Attorney Jim Jump was present, at the request of Mayor
Robertson, to “get everyone—Trustees, Council, and the
public—on the same page” as to a common understanding of
the terms and definitions being used.

Mr. Jump explained that a JEDD is a contract between or
among municipalities for economic development. The
participating parties get their zoning and other
regulations in place, develop plans for the kind of
economic development they want, and put it all together in
a contract. They appoint a board to oversee ongoing issues,
create an income tax to fund their goals, and, hopefully,
produce the kind of economic growth they want, where they
want it. A JEDD may be a smaller part of a larger entity.
Councilmember Bellman added that a JEDD’s purpose is
commercial and/or industrial development; it does not
encompass residential areas.

Mr. Jump reported that he is chairing the subcommittee on
economic development of the Comprehensive Plan Review (and
is also concerned about the 60-day deadline). It is his
intention to staff his sub-committee with people who have
business and development experience so as to produce
helpful information about joint and regional cooperation
under the aegis of the Comprehensive Plan.

The subsequent Q&A by Council and the Trustees yielded the
following information:    1) The “district” of a JEDD does
not have to geographically contiguous.
2) Each participating entity has to contribute something,
tangible or intangible.
3) All signatories to a JEDD contract agree to at least a
three-year moratorium on annexations.
4) A JEDD is not a means of protecting borderland but is
rather a positive strategy to help with growth issues. In
short, it should be viewed not as a bar to Newark but as a
means of promoting desired development and thereby
eliminating motivations to annex to another community.
5) A JEDD has to be approved in the Township by a vote of
Township residents. However, if there is unanimous
agreement among the Trustees and the land is zoned
appropriately and a majority of the landowners support the
issue, the need for a vote is obviated.
6) A JEDD, contrary to any regular committee, has the
ability to affect the future. It can levy a tax, impose an
annexation moratorium, and bind its members by contract—
including new Trustees and/or Council members. While it
can’t bargain away sovereignty, it can limit rights.
Southwest Licking’s agreement, for example, limits their
right to enter Granville or Union Townships.
7) The issue of extending utilities doesn’t have to be
included in the JEDD contract but “any sensible JEDD” (Mr.
Jump’s phrase) would do so. In fact, the extension of water
and sewer could well be a natural consideration to be
offered in the contract.
8) Establishing a JEDD is not a quick process. In the
Village, the contract would have to be introduced by
Council, then sit for 30 days while comments are received
via public hearings or other avenues before a vote could be
taken. If a vote were to be required in the Township,
notice must be given 75 days prior to the election.
9) A CEDA (Cooperative Economic Development Agreement),
which seems to work more to provide services with
cooperative agreements, could be considered as well to
provide a legal mechanism for implementing some cooperative
goals. Mr. Jump stated that he envisions an umbrella
organization or regional council—with the Village, the
Township, the School District, and perhaps even Newark—out
of which would emerge a CEDA and/or a JEDD and “whatever
else might rise up” in the way of community-improvement
corporations. All would be designed to address economic
development on a continuing rather than an ad hoc basis.

Discussion:
Mr. Jump noted that a JEDD works best when the signatories
know what they want and are in substantial agreement before
they attempt to work out the financing. Trustee Havens
cautioned that a JEDD would involve “significant challenges
to cooperation” between the Village and the Township (i.e.,
past acrimony needs to be worked out).

Councilmember Lucier wondered whether Kendal might be an
appropriate test circumstance for both bodies. That would,
however, require a definitive determination of whether
Kendal is residential or commercial. Robert Drake, attorney
for Kendal, stated that Kendal would be “averse to anything
that delays what they’re doing.” Vice Mayor Wernet
suggested Kendal could be pursued as a parallel effort
(i.e., each body proceeding independently of the other,
knowing that a decision may be made later).

Trustee Havens noted that the Trustees are already in
discussions with Union Township and are willing to engage
other townships as well if there is an indication of
interest. He also emphasized that any vision for what a
JEDD might accomplish must be “absent special interests.”
For example, if we determine that the southeast portion of
the Township is a problem and we want to promote community-
friendly development there, chaos could ensue when citizens
or entities with their own special interests make
proposals. A JEDD or any other entity, and the parties
thereto, have to set policy and then implement it. Having
recommendations come from a bi-partisan, non-special-
interest group is the only way to keep us from being
paralyzed later.

Mayor Robertson asked if part of the goal was to create
revenue for schools based on commercial development and/or
the real estate base. Trustee Havens responded that we
shouldn’t promote residential development in either the
Village or the Township. In other words, even though the
end goal is to raise revenue for the schools, we should do
so by putting in place the kind of development the
community might want to implement rather than defend. Mayor
Robertson suggested that the OSU graduate program might
help us suggest what a coherent/cohesive plan might be,
adding that it is focused on downtown at this point but
could well deal with the larger picture over time. Vice
Mayor Wernet said he envisioned office buildings, research
facilities and the like. Trustee Havens followed up by
saying we need to get specific about what
constitutes “sensible development,” then implement policies
that permit the specified desired growth to happen. In
short, “Don’t just talk about it!” We must be pre-emptive
and proactive to avoid being put on the defensive. Mayor
Robertson echoed Trustee Havens’ concerns about the issue
of trust between the two bodies. Trustee Havens noted that
the Township has been very transparent in its actions and
said if the Village would articulate the policies it’s
willing to pursue, the two bodies could demonstrate their
ability to cooperate. Vice Mayor Wernet stated that Council
had already done that and wanted to use whatever tools it
reasonably could to fend off hostile annexation

Councilmember Bellman said he was interested in pursuing
the JEDD discussion as it might apply to the southeast
quadrant and S.R. 16. He added that, if something effective
could be worked out, it might provide a model for the rest
of the Licking County community.

Mr. Jump stated he and Jim Murr would meet to determine how
many people they want on this committee. The Trustees and
Council would then constitute the board. The committee will
address types of development, locations, and CEDA
possibilities. Mr. Metzger noted that he was not happy with
having two sub-committees (i.e., having the Comprehensive
Plan Review Committee between the Jump/Murr group and their
report to Council and the Trustees). The consensus was to
take the JEDD sub-committee out of the Comprehensive Plan
Review agenda.

Mr. Havens proposed that he and a member of Council sit
down with Mr. Jump and Mr. Murr to prepare a proposed
resolution establishing the committee and drafting its
charge. Vice Mayor Wernet will join the group as Council’s
representative. Their proposal will be brought to the next
joint meeting.

CITIZENS’ COMMENTS
Scott Harmon (55 Margaret Lane). Mr. Harmon congratulated
everyone on working together to maintain our way of life
and trying to keep adverse annexations from happening.

Constance Barsky (221 E. Elm Street). Ms. Barsky reiterated
her earlier remarks about involving a broader group of
townships in these discussions. Mr. Havens responded that
other township trustees would be invited to the resolution-
drafting meeting. Whether or not they elected to
participate is out of our control.

SCHEDULE NEXT MEETING
The Township Trustees will host the next Village/Township
joint meeting in the course of the next regular meeting of
the Township Trustees—Wednesday, August 8th. Mayor
Robertson and Trustee Havens will determine the meeting
place.

Mayor Robertson adjourned the Joint Meeting at 9:14pm.




Council took a brief recess and reconvened the regular
meeting at 9:21pm, at which time Mayor Robertson welcomed
Brian Miller, the new representative of the press.

NEW BUSINESS (9:21pm)
2001 County Tax Budget
Mayor Robertson acknowledged receipt of the budget and
scheduled the public hearing for June 20, 2001.

Ordinance No. 15-01, An Ordinance To Amend Section 351.17
(a) Of The Granville Codified Ordinances, Making the 100
Block of W. College Street A Residential Permit Parking
Zone And Making The Ordinance Effective All Year Long, was
introduced by Councilmember Crais. Second by Councilmember
Lucier. Mayor Robertson set the public hearing for June 20,
2001. [Councilmember Bellman asked for citizen input at the
next meeting before the vote is taken.]

Ordinance No. 16-01, 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 Councilmember Crais. Second by Vice Mayor
Wernet.

Discussion: Councilmember Crais, referring to the OSU study
mentioned in the ordinance, noted that the students would
like to use Granville as their “community of the quarter”
and asked for a commitment of $4,500 for printing, binding,
etc. of their report. They need to know Council’s intent
tomorrow so they can find another community if Council is
not interested. All agreed that Manager Hickman could
convey Council’s support to OSU. Mayor Robertson asked if
there were any chance the parameters could be extended
beyond the Village. Manager Hickman stated that the
downtown study was the first priority but an extended
survey was possible. Re the summer intern, Manager Hickman
explained that this is the same money originally agreed to;
it is simply being moved from salaries to contractual
services.

Mayor Robertson set the public hearing for June 20, 2001.

Ordinance No. 17-01, An Ordinance To Amend Chapter 1189 Of
The Codified Ordinances Of Granville, Ohio, was introduced
by Councilmember Vice Mayor Wernet. Second by Councilmember
Crais. Mayor Robertson set the public hearing for June 20,
2001.

Ordinance No. 18-01, 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. Second by
Councilmember Crais. Mayor Robertson set the public hearing
for June 20, 2001.

Resolution No. 01-41, A Resolution To Appoint Ex-Officio
Members To The Granville Tree And Landscape Commission, was
introduced by Vice Mayor Wernet. Second by Councilmember
Crais.

Discussion: Manager Hickman reported he has reviewed the
record of this group with Jim Siegel though the matter has
not yet had legal review. The names brought forward come
with the recommendation of the members of the Tree &
Landscape Commission. The commission, described under 1193,
is under the authority of the Planning Commission.
Councilmember Lucier asked for a delay in seating the new
members until Council could decide the parameters of this
commission since so little exists in writing (i.e., “What
does it mean to be ‘ex officio’ to a group that has no
authority?”). Mayor Robertson felt the Commission really
wanted the ex officio members seated quickly, something
that could be done without clearing up the ambiguities.
Both Mayor Robertson and Vice Mayor Wernet publicly
acknowledged how much time the Tree & Landscape members
contribute and recognized their contribution to the life of
the Village. Councilmember McGowan pointed out that a lot
of people—often with a majority of township residents in
the crew—work on the Broadway Beds. The question is how to
recognize them since they can’t all be members of the Tree
& Landscape Commission. Vice Mayor Wernet asked about
the “unique qualifications” of Mr. Flood and Mrs. Yaekle.
Manager Hickman responded that Mrs. Yaekle brings a
connection to many of the Broadway-Bed people who no longer
live in the area. Mr. Flood brings technical expertise. He
also added that he thought the Tree & Landscape Commission
should be an advisory group. Councilmember Lucier
reiterated her concern that this remains an amorphous group
that needs a coherent structure—as does much of the Village
government organization. Manager Hickman suggested there
should be a Councilmember on the group since it’s on the
list of council committee assignments. Mayor Robertson
proposed that 1193 be clarified. Councilmember McGowan
moved to add a Section 3 to the Resolution, specifying that
the terms of the two new people expire January 31, 2003.
Second by Vice Mayor Wernet. Motion-to-amend carried.
Motion-as-amended carried.

OLD BUSINESS (9:58pm)
None.

REVIEW AND APPROVAL OF MINUTES (9:58pm)
Regularly Scheduled Meeting, 16 May 2001. Councilmember
Lucier did not receive a copy of the Minutes in advance so
the review was tabled until the next meeting.

COMMITTEE REPORTS (9:43pm)
Economic Development Committee (Councilmembers Crais,
Moore; Mayor Robertson)
No report.


Finance Liaison (Councilmember Moore)
No report.

Newark-Granville Committee (Councilmember Bellman, Mayor
Robertson)  
No report.

Personnel Committee (Councilmember McGowan)  
No report.

Planning Commission (Councilmember Lucier)
Councilmember Lucier reported that the Planning Commission,
which was scheduled to hear an application from the
schools, did not do so because the application was
incomplete.

Recreation Commission (Councilmember McGowan)
No report.

Streetlight Committee (Councilmember McGowan)
Councilmember McGowan and Manager Hickman reported there
are only six lights left to be installed.

Streets/Sidewalks/Utilities Committee (Councilmembers
Bellman, Crais; Vice Mayor Wernet)
No report.

Tree & Landscape Committee (Councilmember Moore)
No report.    

Union Cemetery Board (Councilmember Lucier).  
Councilmember Lucier reported that the Board is considering
installing a fence around the cemetery. The expense of the
project means it will probably be done in phases.

Strategic Land Acquisition & Smart Development Committee
(Councilmembers Bellman, Crais, Moore)
No report.

Recreation Center Task Force (Robertson)
Mayor Robertson reported on the June 5th meeting, at which
Ruth Owen proposed that  each constituency (the schools,
rec commission, township, village, Granville Fellowship,
Kendal) consult its own constituency and make a list of
what it desires in a community recreational center. The
results of the individual surveys would then pooled to see
if there is a meeting of the minds. Council needs to put
the word out quickly.

OTHER (9:54pm)
Resolution No. 01-39, A Resolution To Amend The Village of
Granville Rules Of The Village Council, was not addressed
at this meeting.
 

EXECUTIVE SESSION  (9:54pm)
Councilmember Crais moved to go into executive session for
the discussion of acquisition of land; second by Vice Mayor
Wernet. A Roll Call vote yielded six (6) affirmative votes:
Councilmembers Bellman, Crais, Lucier, and McGowan; Vice
Mayor Wernet, Mayor Robertson.

At the conclusion of the executive session, Councilmember
Crais moved to adjourn it. Second by Vice Mayor Wernet. A
Roll Call vote yielded six (6) affirmative votes:
Councilmembers Bellman, Crais, Lucier, and McGowan; Vice
Mayor Wernet, Mayor Robertson. The session was adjourned at
10:47pm.

MEETING ANNOUNCEMENTS (10:47pm)
June 11, 2001 – Planning Commission
June 12, 2001 – Charter Review Commission
June 12, 2001 – Tree & Landscape Commission
June 14, 2001 – Board of Zoning and Building Appeals
June 20, 2001 – Village Council
June 25, 2001 – Planning Commission    

ADJOURNMENT
Councilmember McGowan made a motion to adjourn the meeting
at 10:47pm. Second by Vice Mayor Wernet. Meeting adjourned.

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