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Monday
Jan302012

Council Minutes 12/6/06

 VILLAGE OF GRANVILLE

COUNCIL MINUTES

December 6, 2006

 

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

(by Mayor Hartfield at 7:30 pm)

 

PLEDGE OF ALLEGIANCE (Led by Boy Scout – Eric Henry)

(Led by Boy Scout – Eric Henry)

 

ROLL CALL

 

Those responding to the roll call were Councilmembers Barsky, McGowan, Mershon, O’Keefe, Vice Mayor Herman, Mayor Hartfield; Manager Holycross, and Law Director Crites.

Manager Holycross indicated that Councilmember Tegtmeyer phoned in this afternoon to say that she was not feeling well and may not be able to make the meeting. Councilmember Barsky made a motion to excuse Councilmember Tegtmeyer from the Council meeting. Second by Vice Mayor Herman.

 

 

APPROVAL OF AGENDA (7:34 pm)

(7:34 pm)

 

Councilmember McGowan moved accept the agenda as presented. Seconded by Councilmember Barsky Motion carried (6-0).

 

 

CITIZENS COMMENTS (7:34 pm)

(7:34 pm)

 

Dennis Cauchon, 327 East Broadway, stated that he is before Council to encourage them to look at improving traffic conditions around the schools so it is easier to walk and ride bikes. He distributed traffic counts that he downloaded on the internet from ODOT’s website. Mr. Cauchon noted that truck traffic on North Pearl Street seemed to somewhat decrease and he is not sure if this is a result of congestion or enforcement. He stated that he feels the Pearl Street neighborhood has been damaged, but not yet destroyed. Mr. Cauchon stated that with a new school being built on New Burg, the traffic situation in this area will worsen. Mr. Cauchon suggested that Council hold a community LSSU meeting at the Granville Elementary School and invite the public and schools to brainstorm for ideas to help alleviate some of the traffic problems. He also suggested that Council could take the outcome of the LSSU meeting and hold a public hearing during a Council meeting. Mr. Cauchon stated that the Thoroughfare Plan for Granville depicts what roads are able to accommodate the kind of traffic they are seeing. He stated that the Thoroughfare Plan shows what Burg Street can accommodate when its comes to traffic and it is way over capacity. He stated that the school traffic plan is a good plan, but it is not enforced. Mr. Cauchon stated that he would like to see some changes implemented for the next school year. Moreover, he suggested having an official traffic count for the intersection at College Street and Newark-Granville Road and if this were to be done it would allow for a comprehensive view of traffic in the area of the Elementary School. Councilmember McGowan stated that he believes these problems exist and he asked Mr. Cauchon what his intent was for Council to do about it. He stated that no matter where the new school is built – there will be traffic and the school has to be located somewhere. He asked Mr. Cauchon what role he envisions Council taking. Councilmember McGowan stated that the traffic counts have not just increased in the area around the schools, but have tripled everywhere and they are likely to get worse with the 161 road expansion. Mr. Cauchon stated that currently College Street sees 4000 cars per day and it was not designed for this. He stated that the appropriate collector road is Broadway and this should be used. Several members of Council asked how. Mr. Cauchon stated that he is aware that North Pearl Street is a state route, but it is all local traffic causing the congestion. Mayor Hartfield asked how Mr. Cauchon arrived at the numbers for local traffic on the handout he distributed to Council. Mr. Cauchon stated that he took the total number of cars on North Pearl street and subtracted out the number of cars going one mile past New Burg Street – assuming this amount is not going to the schools on New Burg Street. He also suggested that Council do annual traffic counts in these areas. Councilmember Mershon and Mayor Hartfield both stated that they would support a hearing. Councilmember OKeefe said that she didn’t necessarily have a solution, but there is traffic congestion on Pearl and Burg Street. Vice Mayor Herman asked if Mr. Cauchon is suggesting that North Pearl Street is problematic and Mr. Cauchon stated that it is clearly a problem but he realizes that there is not much Council can do about it. Councilmember Barsky stated that it seems Mr. Cauchon wishes to raise the issues now before an additional school is built out on New Burg Street. Mr. Cauchon stated that a 2001 traffic study done by the schools showed that there would be little impact to North Pearl Street, but its definitely been impacted. Council thanked Mr. Cauchon for his comments and they acknowledged that this is something that they would be willing to look into in the LSSU Committee.

Mayor Hartfield closed Citizens’ Comments at 7:51 pm.

 

PUBLIC HEARING

Ordinance No. 16-06, An Ordinance Assuming Maintenance Responsibility For The Full Width Of River Road And James Road Upon Annexation Of Certain Territory In The Townships Of Granville And Union To The Village Of Granville, Agreeing To Cooperate In The Maintenance Of Said Roadways, Indemnifying The Townships Of Granville And Union, And Declaring An Emergency.

Discussion: No one appeared to speak in regards to Ordinance No. 16-06.

Mayor Hartfield closed the public hearing at 7:52 pm.

 

OLD BUSINESS

Ordinance No. 16-06, An Ordinance Assuming Maintenance Responsibility For The Full Width Of River Road And James Road Upon Annexation Of Certain Territory In The Townships Of Granville And Union To The Village Of Granville, Agreeing To Cooperate In The Maintenance Of Said Roadways, Indemnifying The Townships Of Granville And Union, And Declaring An Emergency was reintroduced by Councilmember . Barsky. Second by Councilmember Mershon.

, An Ordinance Assuming Maintenance Responsibility For The Full Width Of River Road And James Road Upon Annexation Of Certain Territory In The Townships Of Granville And Union To The Village Of Granville, Agreeing To Cooperate In The Maintenance Of Said Roadways, Indemnifying The Townships Of Granville And Union, And Declaring An Emergency was reintroduced by Councilmember . Barsky. Second by Councilmember Mershon.

Discussion: Councilmember Barsky asked if the reason there was an emergency clause is due to it not being introduced earlier and needing to be turned in to the Licking County Commissioners by a certain time. Manager Holycross stated that it did need to be turned in to the Commissioners as part of the annexation package.

Councilmember Mershon made a motion to declare Ordinance 16-06 with an Emergency Clause. Second by Councilmember McGowan.

Roll call vote on Emergency Clause: OKeefe, Mershon, McGowan, Barsky, Herman, Hartfield (6-0).

Emergency Clause for Ordinance 16-06 is adopted.

Roll call vote: Hartfield, Herman, Barsky, McGowan, Mershon, O’Keefe (6-0).

Ordinance No. 16-06 is adopted.

 

 

NEW BUSINESS

2007 Municipal Budget – Council acknowledged the receipt of the Budget by December 1, 2006.

– Council acknowledged the receipt of the Budget by December 1, 2006.

 

Resolution No. 06-46, A Resolution To Establish The Time And Place Of A Public Hearing For The 2007 Municipal Budget As Proposed By The Village Manager was introduced by Vice Mayor Herman. Second by Councilmember Barsky.

, A Resolution To Establish The Time And Place Of A Public Hearing For The 2007 Municipal Budget As Proposed By The Village Manager was introduced by Vice Mayor Herman. Second by Councilmember Barsky.

Resolution No. 06-46 was adopted (6-0). A public hearing date is set for December 20, 2006.

 

Resolution No. 06-47, A Resolution To Authorize The Village Manager To Enter Into A Contract With Rich, Crites And Dittmer, LLC For Legal Services was introduced by Councilmember McGowan. Second by Councilmember Mershon.

, A Resolution To Authorize The Village Manager To Enter Into A Contract With Rich, Crites And Dittmer, LLC For Legal Services was introduced by Councilmember McGowan. Second by Councilmember Mershon.

Discussion: Councilmember OKeefe stated that language in the Ordinance in regards to Section 7 - allowing a prosecutor from the City of Newark to conduct prosecutions for municipal court – does not correspond with other sections in the Ordinance. Councilmember Mershon stated that the EFP Committee did discuss this and left the language as is to allow the law director to prosecute certain cases. Manager Holycross reiterated that having the Law Director from the City of Newark will save money for the Village in the long run. Law Director Crites stated that it is his feelings that the Village is financially served well with this set up.

 

Resolution No. 06-47 is adopted. (6-0).

 

Ordinance No.17-06, An Ordinance To Make Appropriations For Current Expenses And Other Expenditures Of The Village Of Granville, State Of Ohio, During The Fiscal Year Ending December 31, 2007 was introduced by Councilmember OKeefe. Second by Councilmember Barsky.

, An Ordinance To Make Appropriations For Current Expenses And Other Expenditures Of The Village Of Granville, State Of Ohio, During The Fiscal Year Ending December 31, 2007 was introduced by Councilmember OKeefe. Second by Councilmember Barsky.

 

Mayor Hartfield set the public hearing on Ordinance No. 17-06 for December 20, 2006.

Ordinance No.18-06, An Ordinance Amending Sections 505.11 And 549.08 Of The Codified Ordinances To Allow Hunting and Trapping On Agriculturally Zoned Land Located South Of State Route 16 And East of State Route 37, And Declaring an Emergency was introduced by Vice Mayor Herman. Second by Councilmember McGowan.

, An Ordinance Amending Sections 505.11 And 549.08 Of The Codified Ordinances To Allow Hunting and Trapping On Agriculturally Zoned Land Located South Of State Route 16 And East of State Route 37, And Declaring an Emergency was introduced by Vice Mayor Herman. Second by Councilmember McGowan.

 

Mayor Hartfield set the public hearing on Ordinance No. 18-06 for December 20, 2006.

 

REVIEW OF MINUTES

Regularly Scheduled Meeting of November 15, 2006.

Councilmember Barsky moved to accept the minutes as amended. Seconded by Councilmember McGowan. Motion carried 6-0.

COMMITTEE REPORTS

Economic, Finance, Personnel Committee (EFP) – (Herman, Mershon, Tegtmeyer)

Vice Mayor Herman stated that the committee had an Executive Session and some of what was discussed is likely to be followed up on later this evening in Council’s Executive Session. He stated that the committee also reviewed the contract regarding the Law Director and the 2007 Budget. Manager Holycross stated that they discussed having the staff presentation of the 2007 Budget before the Council meeting at 5:30pm on December 20th. Council discussed if they would be available to attend the earlier presentation and some members of Council would not be available. Council asked to have the staff presentation early on the Council agenda – perhaps before Citizen’s Comments.

Granville Foundation – (Tegtmeyer)

No Report.

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) – (Hartfield, Herman, McGowan)

Mayor Hartfield stated that the committee needed to schedule a meeting.

Planning Commission – (O’Keefe)

Councilmember McGowan stated that he attended part of the meeting during discussion for the sign for CVS Pharmacy. He stated that it is his opinion that everyone be treated the same and there are currently 4-5 signs that CVS is using. He stated that this matter was tabled. Law Director Crites stated that Council should be aware that if this matter were appealed there could be a hearing. He advised Council to not make any comments/statements before they have heard all of the facts. Councilmember Barsky stated that the Planning Commission has been advised that they are to follow the rules in the Charter and they are very specific and direct. Councilmember Mershon asked if she was referred to this particular application for CVS. Councilmember Barsky stated that she would like the Planning Commission to act like this in general. Law Director Crites stated that Assistant Law Director Gorry has met with the Planning Commission and BZBA to go over these types of concerns. Manager Holycross stated that he has sent memos to the members of Planning Commission in regards to the Arby’s application and he asked for specific reasons when and why the Code is not followed.

Planning & Zoning Committee – (Barsky, Mershon, O’Keefe)

No Report.

Comprehensive Plan – (Barsky)

Councilmember Barsky stated that there will be a chance for questions/feedback in regards to the Comprehensive Plan on January 31st from 6:00 – 9:00pm at the High School Commons. She stated that this will be a walk through gathering where visitors will have a chance to view displays. She stated that they will submit a press release each week for four weeks in the newspaper and information will be available on the Village website.

Recreation Commission – (McGowan)

Councilmember McGowan stated that the committee discussed their 2007 budget and they are planning three winter concerts including one at Granville School – Susan Warner. He stated that there would be a Senior Citizen dinner at St. Edwards Catholic Church on Saturday night 6:00 sponsored by the Recreation Commission.

Senior Committee – (O’Keefe)

No Report.

Tree & Landscape Commission (Barsky)

Councilmember Barsky asked if the memo sent out by Jim Siegel in regards to the plan for the Emerald Ash Borer has been distributed to all of Council. Manager Holycross stated that this item is scheduled to be on the agenda for the next Council meeting.

Union Cemetery (Mershon)

Councilmember Mershon thanked Manager Holycross and the Service Department for their work on installing a hand rail for the cemetery at the southeast entrance.

 

OTHER COUNCIL MATTERS

Mayor Hartfield asked when the CVS hearing in regards to the alcohol permit request would be. Manager Holycross stated that he does not have a date, but guesses sometime in January.

Mayor Hartfield asked if Council had any comments on the request for a C2 Liquor License for Speedway. Councilmember Mershon asked if this was a transfer from Brews Café – doing business as ‘The Village Idiot’. Manager Holycross stated yes. Mr. Strayer indicated that Council can object the same if it is a new issue or transfer. Councilmember McGowan stated that he views this request a bit differently than some because there are already two carryouts in town that have the same license. Councilmember Barsky asked if any money changed hands with the transfer. Mr. Strayer stated that this is handled between the two parties involved and he is unsure.

Councilmember OKeefe stated that the Ohio Legislature is looking at HB 347 – The Concealed Carry Law. She stated that it has been passed by the Ohio House, but not the Senate, and Governor Taft is saying he will veto the bill. She stated that she contacted Manager Holycross because she was concerned over language in the bill stating that municipal ordinances related to concealed carry would be overridden by HB 347. Council discussed the matter and Councilmember Mershon asked if a similar letter was sent for the state wide smoking ban. Mayor Hartfield stated yes, but the letter was individually signed by me. She stated that Council did not take a position on the smoking ban matter as a whole. Council showed no opposition to sending the letter. Councilmember OKeefe made a motion to ask the Village Manager to prepare a letter for the Mayor’s signature stating the Village’s opposition to the passage of HB 347, which would amend the concealed-carry law and virtually pre-empt all municipal ordinances related to concealed carry, including ordinances that ban firearms in municipal parks. Second by Vice Mayor Herman.

Vice Mayor Herman made a friendly amendment to change "stopping passage" to "stopping enactment."

EXECUTIVE SESSION

Councilmember Barsky moved to enter into Executive Session, Pursuant to ORC 121.22(G)(3) – "To confer with the Law Director on disputes involving the public body that are the subject of pending or imminent court action. Second by Vice Mayor Herman.

Councilmember Barsky moved to enter into Executive Session, Pursuant to ORC 121.22(G)(3) – "To confer with the Law Director on disputes involving the public body that are the subject of pending or imminent court action. Second by Vice Mayor Herman.

Councilmember Barsky moved to enter into Executive Session, Pursuant to ORC 121.22(G)(4) – "Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees. (Collective Bargaining). Second by Vice Mayor Herman.

Roll call vote: McGowan, O’Keefe, Mershon, Hartfield, Barsky, Herman

Time in: 8:32 pm

Councilmember Barsky moved to return to regular session. Second by Councilmember McGowan.

Roll call vote: Herman, Mershon, Barsky, Hartfield, McGowan, O’Keefe.

Time out: 9:20pm

 

ADJOURNMENT (9:20pm)

(9:20pm)

Councilmember McGowan moved to adjourn. Second by Councilmember Mershon. Motion carried, 6-0. Meeting adjourned.

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