Council Minutes 6/20/01
Monday, January 23, 2012 at 10:57AM VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
June 20, 2001
CALL TO ORDER (by Mayor Robertson at 7:31pm)
ROLL CALL (7:31pm)
Those responding to the Roll Call were Councilmembers
Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor
Robertson; Manager Hickman, Law Director Crites.
Councilmember McGowan moved to excuse Councilmember Crais,
who was out of town; second by Vice Mayor Wernet. Motion
carried. Councilmember Bellman arrived at 7:34pm.
CITIZENS’ COMMENTS (7:32pm)
All Topics - None
Mayor Robertson closed Citizens’ Comments at 7:32pm.
PUBLIC HEARINGS (7:33pm)
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. No
one appeared to speak for or against the Ordinance. Mayor
Robertson closed the Public Hearing at 7:33pm.
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.
No one appeared to speak for or against the Ordinance.
Mayor Robertson closed the Public Hearing at 7:34pm.
Ordinance 17-01, An Ordinance To Amend Chapter 1189 Of The
Codified Ordinances Of Granville, Ohio. No one appeared to
speak for or against the Ordinance. Mayor Robertson closed
the Public Hearing at 7:34pm.
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.
No one appeared to speak for or against the Ordinance.
Mayor Robertson closed the Public Hearing at 7:34pm.
2001 County Tax Budget. No one appeared to speak for or
against the Budget. Mayor Robertson closed the Public
Hearing at 7:35pm.
OLD BUSINESS (7:35pm)
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
re-introduced by Vice Mayor Wernet. Second by Councilmember
Bellman.
Discussion: Manager Hickman clarified that three of the
four residents on the block in question are interested in
having this Ordinance adopted; the fourth has not offered
an opinion. Mayor Robertson felt that unless the residents
were strongly in favor of this, it would periodically cause
problems in connection with Denison downhill events as well
as with the temporary parking problems due to the uphill
construction. Manager Hickman offered to table the
ordinance and ask the concerned families to come in and
speak to Council. Vice Mayor Wernet moved to table the
ordinance; second by Councilmember Bellman. Motion-to-table
passed.
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 Bellman. Second by
Councilmember McGowan. A Roll-Call vote yielded six (6)
affirmative votes (Councilmembers Bellman, Lucier, McGowan,
and Moore; Vice Mayor Wernet, and Mayor Robertson).
Ordinance No. 16-01 is adopted.
Ordinance 17-01, An Ordinance To Amend Chapter 1189 Of The
Codified Ordinances Of Granville, Ohio, was re-introduced
by Vice Mayor Wernet. Second by Councilmember Bellman.
Discussion: Manager Hickman clarified that this refers to
the sign code. Keith Myers, speaking on behalf of the
Planning Commission, noted that they had decided to review
the sign code in light of the fact that they found
themselves continually granting variances. The rewrite is
intended to make the code more responsive to the types of
applications they generally see (or would like to see). One
concern is signage in the Village Center, where the current
code was molded around signage already in place and
considered appropriate. Outside the Village Center, where
there is more of a highway orientation, they determined
that signs larger than the existing 10-square-feet maximum
were justified. Councilmember Moore asked if there was
anything in writing that identified the differences from
the existing code. Mr. Myers said there was not, then cited
the two changes: an increase in the 10-square-feet maximum
and the three-sign maximum. Responding to questions from
Councilmembers Moore and McGowan, Mr. Myers said: 1)
existing non-conforming signs will be grandfathered.
Repairs and painting of any grandfathered sign are
permitted but any “substantial” changes would have to
conform to the new code; 2) the specified dates for holiday
lights and decorations with no commercial message will be
changed to read “no more than two months” if legal review
determines that such a change is advisable. Vice Mayor
Wernet moved to table the Ordinance until legal review is
completed. Second by Councilmember McGowan. Motion-to-table
carried.
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 re-introduced by Vice Mayor Wernet. Second by
Councilmember Bellman.
Discussion: Councilmember Lucier asked Manager Hickman to
confirm that the changes requested reflect the opinion of
the Streets & Sidewalks Committee. They do. Manager Hickman
added that he is considering a trial installation of
a “traffic-calming device” (speed table) on Cedar Street
since funds are already appropriated for that area and the
stop signs at either end of the block are not effectively
controlling speeds. The speed table would be red-dyed
asphalt imprinted with a brick pattern, raised 3” above the
pavement, with signage. Responding to Councilmember Moore’s
question, Manager Hickman said the speed tables cost
approximately $15,000 each. If the Cedar Street speed table
works, three would be installed on Granger Street as part
of the scheduled construction (though it would require a
separate appropriation request). If it’s not effective, it
can be removed. Councilmember McGowan asked how we would
handle other residents’ requests for speed tables on their
streets. All agreed that they would be dealt with as part
of scheduled construction projects. In the interim,
staggered parking could be used as an alternate speed-
control method. Councilmember Moore asked for clarification
of the area on North Pearl Street. Manager Hickman
responded that it would run from the crosswalk at Broadway
to College Street (straight curb with a slightly rounded
edge, as opposed to curb-and-gutter). A detailed discussion
of curb design at the Pearl/College intersection followed,
with particular emphasis on whether to use a 5-foot or a 15-
foot radius on the sidewalks. Councilmembers Moore and
McGowan asked that public input be sought. Manager Hickman
said there have been meetings and the neighbors have been
informed. Mayor Robertson asked that the Portland document
be distributed to Councilmembers. Law Director Crites
suggested including the following language: “The Granville
Streets & Sidewalks Committee will continue to monitor the
project and make adjustments as necessary.” Vice Mayor
Wernet so moved; second by Councilmember Bellman. Motion-to-
amend carried.
A Roll-Call vote yielded six (6) affirmative votes
(Councilmembers Bellman, Lucier, McGowan, and Moore; Vice
Mayor Wernet, and Mayor Robertson). Ordinance No. 18-01 is
adopted.
Public Use Fees – Discussion
Council discussed a letter received from Catherine Smith,
objecting to the Public-Use fee included on their invoice
from Southgate Development. (The Smiths felt they were
being “penalized” for wanting to move into a more
accessible dwelling.”) Councilmember Lucier felt the public-
use feel was a cost of building a house in this community
and was charged to everyone. Councilmember McGowan agreed,
likening it to a tap fee for a new house. Vice Mayor Wernet
added that the fee is intended to provide money for the
infrastructure in a development. Councilmember McGowan
asked what other communities do; Manager Hickman responded
that, to his knowledge, most other communities don’t have
this fee. Councilmember Lucier thought the fee was “very
consistent” with Granville’s commitment to restricting
development and encouraging open space. She added that we
citizens tax ourselves for these issues, in the public
good; the choice for any buyer is whether or not it is
worth it to live here.
NEW BUSINESS (8:50pm)
Resolution No. 01-42, A Resolution To Adopt The 2002 County
Tax Budget As Proposed And To Direct The Village Manager To
Submit It To The County Auditor, was introduced by Vice
Mayor Wernet. Second by Councilmember McGowan. Motion
carried.
Resolution No. 01-43, A Resolution To Authorize The Village
Manager To Enter Into A Contract With Acordia For Property,
Casualty, And Liability Insurance For The Period Of July 1,
2001 To June 30, 2004, was introduced by Councilmember
Bellman. Second by Vice Mayor Wernet. Discussion: Molly
Roberts reported that Acordia has a very good reputation
and the insurance premium has been reduced by $12,000.
Motion carried.
Resolution 01-44, A Resolution To Award The Bid For Sunrise
Street Improvements, Per Specifications, To Columbus
Asphalt Paving, Inc., And To Authorize The Village Manager
To Enter Into An Agreement Therefore, was introduced by
Councilmember McGowan. Second by Vice Mayor Wernet.
Councilmember Bellman moved to amend to resolution by
adding, “Section III: Be it further noted that the
Granville Streets & Sidewalks Committee will further
monitor the project and make adjustments as necessary.”
Second by Councilmember McGowan. Councilmember Bellman
noted that Council will not need to discuss this again
unless a major change is contemplated. Motion-to-amend
carried. Motion-as-amended carried.
Resolution 01-45, A Resolution To Award The Bid For Street
Improvements Including E. College Street, Granger Street,
N. Pearl Street, And The College/Pearl Intersection, Per
Specifications, To Layton Companies, Inc., And To Authorize
The Village Manager To Enter Into An Agreement Therefore,
was introduced by Councilmember Bellman. Second by
Councilmember Lucier. Councilmember Bellman moved to amend
to resolution by adding, “Section III: Be it further noted
that the Granville Streets & Sidewalks Committee will
further monitor the project and make adjustments as
necessary.” Second by Councilmember McGowan. Motion-to-
amend carried. Motion-as-amended carried.
Resolution No. 01-46, A Resolution To Authorize The Village
Manager To Accept The Ohio Public Works Commission Grant
For The Clear Run Culvert Replacement Project, was
introduced by Vice Mayor Wernet. Second by Councilmember
Moore. Vice Mayor Wernet complimented staff on getting this
grant. Councilmember McGowan expressed concern about
emergency-vehicle access during construction. Manager
Hickman responded that mutual aid would help us cover while
the road is closed. Motion carried.
Resolution No. 01-47, A Resolution To Authorize The Village
Manager To Seek Bids For Clear Run Culvert Replacement, was
introduced by Vice Mayor Wernet. Second by Councilmember
McGowan. Motion carried.
Resolution No. 01-48, A Resolution To Authorize The Village
Manager To Enter Into A Contract With Human Resource
Solutions For An Organization & Compensation Study, was
introduced by Councilmember Lucier. Second by Councilmember
McGowan. Councilmember Lucier reported that she had
reviewed both proposals received on time; the winning bid
was approximately $10,600. She then met with Manager
Hickman and Molly Roberts, determining that there will be
an initial meeting with staff, attended by Councilmembers
Lucier and McGowan, to confer with the consultant about our
goals in this organizational overview. If that meeting
reveals that we want more than Human Resource Solutions
based their bid on, the group will so inform Council.
Councilmember McGowan added that the meeting would be open
to the public and would also include Mayor Robertson and
Vice Mayor Wernet (also members of the Personnel
Committee). Councilmember Lucier reported that the
consultant wants to start by July 1st and finish by August
10th. Motion carried.
MAYOR’S COURT REPORT (9:14pm)
The Mayor’s Court Report for the month of May 2001 was
presented for review. Vice Mayor Wernet moved to accept the
report; second by Councilmember McGowan. Motion carried.
Mayor Robertson directed the report be filed with the
Clerk. A copy of said report is attached as part of these
minutes.
MANAGER’S REPORT (9:14pm)
The Manager’s Report for the month of May was presented for
review. Vice Mayor Wernet moved to accept the report;
second by Councilmember Bellman. Councilmember Lucier
questioned low level of increase in income tax revenues.
Manager Hickman will verify the numbers and, at
Councilmember Lucier’s request, put the item on the agenda
for the next meeting. Councilmember Moore will meet with
Ms. Roberts and report back as well. Motion carried. Mayor
Robertson 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 (9:16pm)
Regularly Scheduled Meeting of May 16, 2001. The following
additions/corrections were requested: 1) Mayor Robertson,
p. 7, 1st paragraph – “Now, the Ohio Supreme Court has
ruled the process is legislative so we need to back out
revise the appeal procedures….”; 2) “…not consistent with
the Ohio Supreme Court, and would risk the Village’s ending
up in litigation for not complying.” Councilmember Moore
moved to accept the Minutes as amended; second by
Councilmember McGowan. Motion carried.
Regularly Scheduled Meeting of June 6, 2001. The following
additions/corrections were requested: 1) Councilmember
Bellman, p. 8, 1st sentence – “Council took a brief recess
and reconvened the regular meeting at 9:21pm….” Vice Mayor
Wernet moved to accept the Minutes as amended; second by
Councilmember Bellman. Motion carried.
COMMITTEE REPORTS (9:20pm)
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 the Commission had had its
fourth work session with Dan Rogers about his garage. While
the Commission gave Mr. Rogers “encouraging words” about
architectural modifications in the plan, they also asked
Councilmember Lucier to see if there might be any legal
recourse (e.g., a fine or other appropriate negative
impact) for his failure to follow the original plan.
Councilmember Lucier noted that the Commission wants
closure on this issue but is also concerned that a
precedent not be established—of applicants failing to
comply then, in the end, getting “pretty much what they
wanted.” The Commission doesn’t want Mr. Rogers to have to
tear down the garage but, as stated, feels there should be
some negative consequence to his (or any applicant’s)
actions. Law Director Crites reported that he has had some
discussions (and will continue to do so) with Seth Dorman.
Councilmember McGowan noted that the pool house now under
construction on College Street may be a similar situation.
Manager Hickman reported that staff is keeping a close eye
on both situations. Both applicants are complying with
process and inspection requirements but neighbors in both
areas still have concerns.
Constance Barsky (221 East Elm Street) confirmed that
the “word on the street” in Granville is that if you hold
out long enough you get your way (i.e., build what you want
because the Village won’t make you do anything about it).
She maintained that the issue of whether or not there
should be a fine should have been dealt with long ago, and
added that she was concerned that this practice—
which “flies in the face” of citizens who are reasonable
about complying with regulations and, in fact, puts them at
a disadvantage—was still taking up Village Council and
Planning Commission time.
Vice Mayor Wernet concurred, adding that other communities
would take violators to court and/or compel them to tear
down the non-conforming structure. He also noted that
developers are watching what the Village does. Mayor
Robertson asked if there were, in fact, any legal
provisions for levying fines. Manager Hickman responded
that, at least in the case of the Rogers garage, Seth
Dorman is the third planner to be involved and something is
lost in the transition each time. He noted that, while the
Village has never been timid about lawsuits, we were trying
to let this issue work itself out through the Planning
Commission in lieu of going into a court where someone else
would decide what could or could not be built in Granville.
Delays have complicated the process, however. Now, Staff
intends to have Mr. Dorman and Law Director Crites work
directly with the Planning Commission and the BZBA so both
bodies can make the best decisions for this circumstance.
He will report back on possible penalties. Councilmember
Lucier reported that one of the Planning Commission’s major
frustrations is that they feel they should not be the
enforcer. She requested that Council schedule a time in
August to take an in-depth look at how this process works.
She would like to ensure ongoing inspections and
investigate the system of fines (i.e., are they so large we
are reluctant to levy them? are they daily? when do they
kick in?). She also asked how a suit would go to municipal
court. Manager Hickman responded that the Village would
cite someone in Mayor’s Court, which would levy a fine, if
appropriate. The defendant could then request a transfer to
municipal court, which would decide if the citation itself
were appropriate. He was unsure if municipal court might or
might not be able to approve continued building.
Councilmember Lucier expressed concern that, as things
stand now, the Planning Commission never gets an
acknowledgement that an error has been made. Rather, they
end up feeling harassed by the community. Councilmember
McGowan suggested researching what other communities do.
Rec Commission (Councilmember McGowan)
Councilmember McGowan noted that Raccoon Park is getting
lots of use. Plans are getting underway for the Raccoon
Park Bridge, to connect the park to the bike trail. Jim
Riddle has found yet another old bridge and the Commission
has hopes of completing the project before the end of the
summer.
Streetlight Committee (Councilmember McGowan)
Councilmember McGowan reported a light installed on Cedar
Street, six replacements still to go this year, and 25
scheduled for next summer.
Streets/Sidewalks & Utilities (Councilmembers Bellman,
Crais; Vice Mayor Wernet)
No report.
Tree & Landscape Committee (Councilmember Moore)
Councilmember Moore reported that plantings had been
approved for Taylor’s and Knucklehead’s. The Village is
looking for a replacement for the existing “holiday” tree.
Manager Hickman asked that the Committee itemize what they
do so Council can discuss it.
Union Cemetery Board (Councilmember Lucier)
Councilmember Lucier noted they are still looking for an
auditor.
Strategic Land Acquisition (Councilmembers Bellman and
Moore)
No report (though they will meet once everyone has returned
from vacation).
JEDD (Vice Mayor Wernet)
Vice Mayor Wernet reported that the combined
Village/Township group had had its first meeting with all
members present. He and Trustee Jim Havens asked Jim Murr
and Jim Jump to construct an outline of the process of
determining what options might make sense and what
additional resources (i.e., committee members) might be
needed.
Charter Review Commission (Manager Hickman)
Manager Hickman reported that the Commission should have a
report to Council by July 1st. “Considerable time” will be
set aside at the regularly scheduled meeting of July 18th.
Mayor Robertson noted that the Council’s review needs to be
wrapped up by approximately August 20th so the issue can go
on the ballot.
OTHER (9:47pm)
Resolution No. 01-27 remained on the table. Manager Hickman
was asked to distribute copies of Sections E and F for the
next meeting.
4th of July Parade. Council will participate, probably
walking (but maybe riding). Either way, there will be sign
(s) so everyone can identify them. Manager Hickman is to
contact Kiwanis with the list of names so they can be read
from the reviewing stand.
Constance Barsky (221 East Elm Street). Ms. Barsky thanked
all members of Council for giving of their time to serve
the community, then encouraged them to seriously consider a
number of negative perceptions about Council. She first
addressed external and internal communications, suggesting
that internal documents to and from members and/or
committees should be conveyed in a timely manner. She then
proposed more control during meetings, citing the frequency
of “side conversations” that distract members and citizens
from the point(s) being made. She compared Council’s
meetings to those of the Township Trustees, remarking that
most citizens simply notice that the Trustees’ meeting run
more quickly and more smoothly, without understanding why.
She urged “smoother communications” with both Village and
Township residents. Finally, she encouraged Council to
engage in some team-building work that would include
producing a written vision/mission statement for each year
(or two-year) period.
EXECUTIVE SESSION (10:00pm)
Vice Mayor Wernet moved to go into Executive Session for
the purpose of discussing possible acquisition(s) of land.
Second by Councilmember Bellman. A Roll Call vote yielded
six (6) affirmative votes: Councilmembers Bellman, Lucier,
McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson.
At 10:49pm, Councilmember McGowan moved to return to the
regular session; second by Vice Mayor Wernet. A Roll Call
vote yielded six (6) affirmative votes: Councilmembers
Bellman, Lucier, McGowan, and Moore; Vice Mayor Wernet,
Mayor Robertson.
MEETING ANNOUNCEMENTS (10:49pm)
1. June 25, 2001 – Planning Commission (7:30pm)
2. June 26, 2001 – Charter Review Commission (7:30pm)
3. June 26, 2001 – Granville Land Conservancy, w/ Lee
and Kathy Larsen (7:30pm)
4. July 04, 2001 – Village Council (meeting cancelled)
5. July 23, 2001 – BZBA (7:00pm)
6. July 18, 2001 – Village Council (7:30pm)
ADJOURNMENT (10:50pm)
Councilmember Lucier moved to adjourn the meeting; second
by Vice Mayor Wernet. Motion carried.
