REGULARLY SCHEDULED COUNCIL MEETING
VILLAGE OF GRANVILLE
JULY 21, 1982
CALL TO ORDER
Mayor Gallant called the meeting to order at 7: 30 p.m..
Responding to roll call were:
Vice Mayor Davison
Councilmember Miller moved to excuse Law Director, Robert N. Drake. Motion
seconded by Councilmember Bartlett. Motion carried.
July 7, 1982 -Regular Council Meeting -Councilmember Miller moved the minutes
be approved as amended. Motion seconded by Councilmember Harriott. Motion
July 14, 1982 -Special Council Meeting -Councilmember Schnaidt moved the
minutes be approved. Motion seconded by Councilmember Miller. Motion carried.
Those who signed the register were:
Jan Packard, Granville Fire Safety Inspector
Rick Bline, Granville Sentinel
Mayor Gallant waived rules of order and deferred Ms. Packard' s comments until
later on in the agenda under Committee Reports.
MAYOR' S REPORT
The Mayor' s Report for the month of June was presented and reviewed. A of that report is hereby attached copy as part of these minutes.
MANAGER' S REPORT
The Manager' s report for the month of June was presented.Additional information
given by the Manager was as follows:
The water booster station pump adjacent to Owens-Corning Fiberglas Technical Ctr.,
was destroyed by lightning on June 15th. He said the Village will have to
p1a3y,0 $02000c,oasntd the rest will be covered by the Insurance Co.a, t approximately to them.
Ralph Blackstone has designed a bucket for the backhoe that has been approved
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July 21, 1982
Page 2 of 7
by the State of Ohio Department of Industrial Relations. He said the material
cost to the Village was about $200, but will save the Village the expense of
purchasing another piece of equipment.
A suggestion was made that the Manager send a note of appreciation to Mr.
Blackstone on behalf of the Village, and Council.
Mr. Gallant asked if the cement and debris has been cleaned out of the catch
basins near Ralph Baker' s house. Manager Plunkett said this was scheduled for
cleanout yesterday and today, not all of them are done however.
Ms. Miller questioned item number three under Special Interest Items listed in
the Water Department Report portion of the Manager' s Report. Manager Plunkett
explained that when a service leak was repaired, a new curb box was installed.
The curb box is placed at the edge of the lot and enables the water department
to shut off the water for repairs etc.,if it would become necessary.
Following a brief review and discussion of the Manager' s Report, a motion to
approve the report for the month of June was made by Councilmember Miller seconded and by Councilmember Schnaidt. Motion carried. A copy of that report is hereby attached as part of these minutes.
Safety &Health -Councilmember Schnaidt stated that it has been brought to his attention that commercial type businesses when changing a use have to go to the State with their proposed plans for the change over. The State must then
approve their plans before they can start any remodeling, renovation, etc.. He saidwhat' s been happening is that when an application goes through the Develop- ment Commission for a changei-n-use and passes, the applicant has been going ahead without State approval. Then Jan suddenly becomes the bad person when she inspects the premises and finds violations according to the State Code. He pointed out that something should be resolved about this. A couple of alterna- tive suggestions he could think of was:
Advise the applicant that they must submit their plans to the State and obtain their approval before opening up for business.
Adopt a Building Code like Newark and have your own building and inspection departments to handle the matter. To this he said he didn' t feel the Village could afford to spend the money to have a full-fledged building department.
Working out something with the people in Newark who handle their build- ing department and prehaps being able to hire them on an off-time basis. He said these people are qualified to do the inspections. If we would go that way, he assumes there would be an increase in permit fees. Mr. Schnaidt said he has had an opportunity to work with these people and talk with them the last few days and they are super to talk with, and willing to work with you so that things can be done before you spend a lot of money with an architect. He felt there would be an advantage to being. able to work as Newark does. He said he didn' t feel the State people would have the time to
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July 21, 1982
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work that closely with us, and we would not gain that good working relationship.
Jan Packard spoke at this time and commented that people expects her to do more
than she' s able to do. Her title is State Fire Code Inspector, and her job is
to enforce the State Fire Code. She said this is mostly checking up on things
and making sure the requirements of the code are adhered to. She said maybe
her job is more in the realm of maintenance, where as a building inspector is
the one who would come in and tell whats originally required of buildings. So,
if a buildings use is changed in Granville, such as residence, or changed to
a meeting hall, or some other use, then she has no authority to say what' s required
before that opens. She said people tend to think that this type of thing
is my position, but she really doesn' t have that authority. Her authority
doesn' t come in until the people open up as the new use and then her job is to
make sure the things required by the building people are carried out. She said
she really couldn' t say what needs to be done before a business opens because
that falls under the building code and her job is to enforce the fire code.
Mayor Gallant commented that by our not having a building code then approval
would fall upon the state. Is there anything that is being done now to advise
applicants requesting a change-in-use that they will need to get some approval
from the state.
Manager Plunkett said that recently Jan has made arrangements for the State to
make the inspection of the change-in-use proposed for a number of little shops
where the School Superintendent' s office used to be. He said so far the State
has not been here and that has been over a week and a half ago. He said he
doubted that this was typical. He said we did make one other conversion before
this matter came to everyone' s attention, and that was Randy Oliverio' s
move to the north side of East Broadway above Fuller' s Market. He said that
will have to be inspected as well.
Mr. Gallant asked, legally are they permitted to open before the State Building
Inspector gives approval. Mr. Plunkett said he wouldn' t think so.
Councilmember Harriott asked if that would include samples of materials, exits, wiring etc..Mr. Schnaidt commented that if your talking about a merchantile
exposure upstairs they might think the stairs present a fire or safety hazard,
or would not meet state fire and safety specifications, and suppose a number of things could come into play.
Manager Plunkett stated that we could be opening a Pandora' s box either The issue is way. reconsideratioonns the floor and has to be dealt with, and could mean some serious in the downtown area.
Mayor Gallant asked if the Village had to have their own Code. He asked if it would be allright to have your own building inspector who operates under the State Code, and therefore have a more expedient inspection.
Ms. Packard said the inspector has to be certified, and a licensed engineer.
Manager Plunkett said that we could come to a contract arrangement with the Building Officials and Code Administrator' s Organization, which does have a office in Columbus. He said in addition you would get a lot of updated material and the services that go with it, for a few thousand.
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July 21, 1982
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Councilmember Avery asked how has it been handled up to now with businesses
goingin? Whenyou authorize a building or remodeling permit in a crucial area
will a copy of the permit be forwarded to the State? Manager Plunkett responded,
automatically no, that has been the responsibility of the people to do so.
Manager Plunkett commented that what really brought this all about, we were
suddenly faced with not one but two requests for change-in-uses for the second
floor on the north side of East Broadway in the business area and in looking
at that building across the street it became obvious that perhaps somebody beyond
the Development Commission should take a look at this from a safety standpoint
since there is only one exit from that particular set of shops proposed
for the second floor and that is the front exit. He said perhaps a second exit
would be in order.
Mr. Schnaidt commented that we have totally ignored the problem but putting
Ms. Packard in a bind as our fire inspector. is another matter, and making her
available because she has to enforce the code.
Ms. Packard commented that she is also obligated to report any other violations
to the code if she sees them, adding, that they are all connected some way or another.
Mr. Schnaidt explained that it' s easier if things are taken care of before Jan does
her inspection than after, it might cost the people $100 to make adjustments or corrections than after they move in, then it causes problems.
Ms. Packard said that it was getting to the point where she couldn' t keep up with
it. The only time she finds out about a change is if she happens to find out
about it earlier. She said for example the Furniture House change to apartments,
and the Bancroft House change to a school, they were referred to the state, they had so to go through the inspection. She explained that it was not really her
responsibility, but if she does inspects, it certainly helps her a lot. She said
sometimes she doesn' t know about the change until a few days before a shop is to open.
Councilmember Miller expressed concern that there was not a second exit out
of the proposed shops and felt it was a very serious problem.
Mayor Gallant at this time referred this to the Safety &Health Committee. He
asked Mr. Schnaidt to talk with Mr. Avery, as representative to the Development
Commission, because it might also involve an amendment to the Zoning Ordinance
to require that certain inspections be carried out prior to submitting an applica- tion for a change-in-use or something of that kind. Perhaps also, he might get with the Manager and look into the possibilities of some kind of intergovernmental
contract that might provide some services without our having to train somebody or getting our own engineer.
Councilmember Bartlett felt that we really didn' t need anyone, if the people
would do this themsel ves, there would be no cost to advising the people that they must get State approval. Mayor Gallant commented that primarilyit' swaiting for the State to make their approval.
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July 21, 1982
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Councilmember Miller said now that we are aware of this we should immediately
inform these people. She suggested that if a delay is needed then the
Zoning/ Building Permit could be delayed until approval is made by the State.
Manager Plunkett stated that the pending applications are well aware of this
and are not going to do anything until they get approval.
At the conclusion of the discussion Mayor Gallant thanked Ms. Packard for attending
the meeting and making them aware of this matter.
Development Commission -Councilmember Avery reported on the regular meeting of July 8th. He said he did not attend the meeting because From the he was out of town. minutes of that meeting he said that two change-in-use requests were approved, one for several shops above the Central Trust Building, and the other is for the former Children' s Corner shop. He said final revisions of the pro- posed sign code were made and a recommendation to submit the proposed Sign Code- Article 33, to Village Council for their consideration.
Utilities Committee -Manager Plunkett stated in reference to the Pearl Street Sewer project, that a meeting took place yesterday with the contractor and his
attorney, our attorney and Clyde E. Williams Associates, Inc..He said essentially the contractor wanted to be paid extra for work with the mediumpressure
gas line, shoring etc,,Our lawyer said no to any extra payments, and that we felt the contractor had an obligation to live up to the contract. Manager Plunkett commented that he was told that three contracting firms- were in touch with Clyde E. Williams Associates, Inc.,for bid specifications of the job at the request of the bonding company.
Noise Ordinance -Vice Mayor Davison stated that he doesn' t believe any of us question the fact that we do have a noise pollution problem in the Village and if anyone has read last nights paper, noisyness in College areas urk neighbors. Mr. Davison then read the newspaper article. He said I think most of you know
we have received a request by thirty-one signatures that we attempt to do some- thing about the noise problem.
Mr. Davison said in looking through the information Manager Plunkett gave him and checking other municipalities who are attempting to do something about the noise pollution, it does seem to be a taylor-made situation for each community. He said one of the major cities in Ohio who have done something about their noise problem as far as legislation is Painesville, Ohio. Continuing, Mr. Davison said that Painesville' s major problem was vehicular traffic. Mr. Davison handed out copies of Painesville' s Noise Ordinance. He said, as you you will see is taylored towards that particular problem. Mr. Davison said abnacseically what this ordinance does, is follow the model community noise ordin- prepared by the EPA and members can see how you have to go through some technical items. On page 5 of the Painesville Ordinance they have designated the municipal sound levels table, one for residential areas, and specific times. For enforcement of the ordinance a portable noise proportionate sound level meter is used, which can be attached to a cruiser and can make the necessary readings for the times specified. Mr. Davison said in other words one just doesn' t sit there and look at the gage, there are some time restrictions as to how long you have to measure the sound levels of a particular location.
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July 21, 1982
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the most popular meter that is used is one made by 3M, and basic cost is $850.00,
and total cost with all the attachments (to mount on cruiser),is $1070. 00. The
problem is calibration with these meters. They apparently have to be calibrated
about every day by someone who knows how to do the calabration to make sure they
are within the tolerences that are acceptable. Mr. Davison said that he then
went back to see what actually is in our Code of Ordinances and Section 509. 99
of our code, under disorderly Conduct and Peace Disturbance, is a very fine
definition of what we could use as is, if it' s enforced. Copies of Section 509.99,
of the Village' s Code of Ordinances was distributed to members for review.
Mr. Davison felt the section was very plain, our basic problem with paragraph (2),
is that some of the older people in the Village might think that midnight is too
late for playing items listed in this paragraph. But, Mr. Davison thought that
we have a workable ordinance right here on our own books, and it is a question of
enforcing it. He said what he would like to be able to suggest is to say to the
people who are concerned with this problem that we do have a workable ordinance
that is going to be enforced, and that we pass the word around as best particularly we can, before the times when we do have problems.
Mayor Gallant spoke at this time and commented that the Painesville Ordinance is
9: 00 p.m.,and maybe 12: 00 p.m.,as listed in our Ordinance might be a bit late
and maybe we should consider that. Also, the letter we received from Mrs. Parsons
mentioned that music is being played all day long, coming from King Hall, plus a number of residents from Stone Hall have signed the petition so that would be during the day time, and she said many times in the spring starting about noon kids turn on their stereos and you can hear it all over the neighborhood, so 11:00-7:00 in the morning wouldn' t cover those situations, so we might have to again amend the ordinance to provide some sort of tranquility in the daylight hours from noise or music which is unreasonable.
Mr. Davison said he thought the present ordinance makes two distinctions, first
is the sound "disturbing the peace, quiet and comfort of the neighboring inhabitants
at any time"a,nd second, t"o, be plainly audible at a distance of fifty (50) feet, from 12: 00-7:00",so it would cover both situations expressed by Mr. Gallant.
He further commented that he can see what problems might arise from getting too technical about this but at the same time would like to say there is a concern voiced about the noise and that the Village intends to enforce what' son the books.
With no further comments or questions dicussion on Committee Reports closed. A
copy of the Painesville' s Noise Ordinance 6nd the Village' s Section 509. 99 is hereby attached as part of these minutes.
OLD BUSINESS -None
Ordinance No. 17-82, A"n Ordinance To Establish A Personnel Appeals Board Of The Village Of Granville, Ohio, And Declaring An Emergency"w,as introduced and title read in its entirety by Councilmember Schnaidt.
Councilmember Schnaidt moved for passage of the emergency clause, Section III. Motion seconded by Vice Mayor Davison. Roll call vote: Schnaidty-es, Davisony-es, Millery-es, Harriotty-es, Averyy-es, Bartletty-es, Gallanty-es. Seven yes votes. Emergency clause passed.
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July 21, 1982
page 7 of 7
Councilmember Schnaidt moved for adoption of Ordinance No. 17-82. Motion seconded by Councilmember Miller. Roll call vote: Schnaidt- Avery- yes, Millery-es, Harriotty-es, No. 17y8-e2s, Bartletty-es, Davisony-es, Gallanty-es. Seven yes votes. Ordinance duly adopted.
Ordinance No. 18-82, A"n Ordinance To Amend Ordinance No. 258-1 And Appropriate Funds For Capital Expenditures In The General Fund"w,as introduced and title read in its entirety by Councilmember Avery. A public hearing was scheduled at this time for August 4, 1982, at 7: 30 p.m.,for this ordinance.
Resolution No. 82-18, A" Resolution To Declare The Destruction By Lightning Of The Water Booster Station Pump Located At Columbus Road, Adjacent To The Owens- Corning Fiberglas Technical Center A Public Disaster And To Authorize The Village Manager To Obtain The Necessary Replacement And Services Attendant Thereto In The OCpoeunncMilmaerkmebt eWr ithout Competition"w,as introduced and read in its entirety by Miller
Councilmember Miller moved for passage of Resolution No. 82-18. Motion seconded by Councilmember Bartlett. Roll call vote: Millery-es, Bartletty-es, Schnaidty-es, Harriotty-es, Averyy-es, Davisony-es, Gallanty-es. Seven yes votes. Resolution No. 82-18 duly passed.
Resolution No. 82-19, T"o Authorize The Licking County Board Of Elections To Submit The' Question S" hall The Charter Of The Village Of Granville Be Amended As Recommended By The Village Council"T,o The Electors Of The Village On The Novem- ber Ballot", was introduced and read in its entirety by Vice Mayor Davison.
Vice Mayor Davison moved for passage of Resolution No. 82-19. Councilmember Miller. Roll call vote: Davisony-es, Bartletty-es, Averyy-es, Schnaidty-es, Gallanty-es. No. 82-19 duly passed.
Motion seconded by
Seven yes votes. Resolution
July 28, 1982 -7: 30 p.m. -Village Meeting (Council Worksession)
With no further business to discuss the meeting adjourned at 8:58 p.m.f,ollowing ca amrroietiodn. made by Councilmember Miller, seconded by Councilmember Avery. Motion
4)994 Clerk of Council
LLF» f Mayor
These minutes are not official until approved by Council and signed by officers.