Granville Community Calendar

Council Minutes SEPTEMBER 15, 1993

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
SEPTEMBER 15, 1993
CALL TO ORDER
Vice Mayor Marshall convened the meeting at 7:35 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Vance
Councilmember Freytag
Vice Mayor Marshall
Law Director Hurst
Manager Plunkett
Councilmember Garrett moved to excuse absentee Mayor Eisenberg and
Councilmember Herman. Seconded by Councilmember Vance. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 239- 3, A"n Ordinance To Require
The Closure Of Vehicle Access To Shannon Lane Upon Completion Of Donegal Drive
Within The Village Green Section Of The Erinwood Planned Unit Development Or
Three Years From The Date Of Passage Of This Ordinance, Whichever Is First."
No one appeared to speak for or against Ordinance No. 23-93. The public
hearing was closed at 7:35 p.m.
A public hearing was held on Ordinance No. 249- 3, A"n Ordinance To Amend
Ordinance No. 109-2 Providing For New Subsection b( )7()To Ordinance No. 109-2 Of Granville, Ohio Establishing Water Regulations And Charges And To Repeal Existing Subsection (b)( 7)Of Ordinance No. 10-92."
No one appeared to speak for or against Ordinance No. 24-93. The hearing closed at 7:36 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the September 1, 1993, Council meeting were presented for review. After discussion, Councilmember Garrett moved to approve the minutes as corrected. Seconded by Councilmember Vance. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of August was presented for review. After brief discussion, Vice Mayor Marshall directed the clerk to file the report. A copy of that report is attached as part of these minutes.
MANAGER'S REPORT
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The Manager's Report for the month of August was presented for review. After a
brief discussion, Councilmember Freytag moved to accept the report. Seconded by
Councilmember Vance. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Omar Whisman
Gary Wright
Scott McFarland
Harold Atteberry
Bill Sharp
J. Thornborough
Lewis Houston
Jim Ormond
Peg Plummer
Fred Abraham
Krista Dixon
Steve Cartnal
Rob Raker
Bob Schafer
Tom Miley
Willis Black
R.H. Mahard
Dudley Wright
Maxine Montogomery
Ron Mock
Don Hill
W. Hoffman
Lyle King
Art Morrow
Stephen Plummer Jonh Noecker
Jim Dumbauld Gary Hamilton
Jan Packard
Paul Treece
Lea Parsley
Rod McPeek
Gerry Billy
Phil Shipley
Lee Larson
Bill Mason
Eric Jones
Hila Williams stated that the stop sign installed at the Cherry /Maple Street
intersection had surprised her. Mrs. Williams stated that she had spoken with a lady
who had been in an accident at that site the day before the sign was installed, and she
too, had been surprised to see the stop sign. Mrs. Williams stated that in her opinion,
the stop sign was a trap.
Manager Plunkett stated that the stop sign had been installed because of the
increased number of school children who must cross the street in that area where there
are no sidewalks. The sign also had been installed because it is difficult to see
oncoming traffic. Another reason is people don't realize that they are making a
transition from a highway to a public street. Mr. Plunkett stated that there are a number
of people who oppose the sign and a number of people who favor the sign.
Jerry Martin of 15 Briarwood stated that it may be a good idea to warn people
farther back on Cherry Street that a stop sign is coming because of the ice in the winter.
COMMITTEE REPORTS
Councilmember Garrett reported on the Safely &Health Committee meeting. Mrs. Garrett stated recycling that the committee met with Carol Phillips to discuss applying for a grant.
Councilmember Freytag reported on the Old Colony Burying Ground Meeting. At that meeting long term landscaping in the cemetery had been discussed. Mr. Freytag stated that the volunteers had expressed continued concern over the tarp covering an old truck by the cemetery. Mr. Freytag stated that the volunteers are under the impression that the truck is in violation of an existing ordinance.
Manager Plunkett stated that the ordinance states that vehicles should be covered and it doesn't say how.
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Mr. Freytag stated that the ordinance says that the cover must be approved by
Council. Mr. Freytag stated that the volunteers would like council to know their
concerns.
Vice Mayor Marshall stated that Council should view the truck before the next
Council meeting.
OLD BUSINESSLickina County Commissioners /Prisoner Medical Bill Sheriff Billy stated that the $18,000 plus medical bill is directed to the Village of Granville for a prisoner who had been transferred to Licking Memorial Hospital. Sheriff Billy stated that the prisoner had been in violation of the Granville code. Mr. Billy stated that it was the obligation of every entity to pay prisoner medical bills and the obligation falls on the entity who put them in jail. Sheriff Billy stated that the amount due rests with Granville. Sheriff Billy stated that this prisoner was charged on April 21 for a DUI and later charged for driving under suspension under Newark's Code. Sheriff Billy stated that the Sheriff's Department just houses the prisoner. The contract between Granville and the Sheriff's Department specifies that the medical payment is the responsibility of the entity who placed the prisoner in jail. Sheriff Billy stated that he received a letter from Mr. Hurst stating that Granville has no obligation to pay the bill. Mr. Billy stated that he objected to Mr. Hurst's letter. Mr. Billy stated that there are three options for Granville: pay the bill like everyone else; contract with their own physician; or find another facility in which to house prisoners. Sheriff Billy stated that the County could not afford to pay medical bills for everyone. Councilmember Freytag asked if the surgery was an emergency?Mr. Freytag asked why a public entity would be given the medical bill if the surgery was elective? Sheriff Billy stated that was not a decision for him to make. Sheriff Billy stated that he would have to talk to the attending physician about preexisting conditions. Mr. Billy stated that if a physician orders surgery, the sheriffs department must follow through. Mr. Billy stated that if the sheriffs department denies surgery or any other medical care, they can be in trouble. Mr. Billy stated that they are obligated by law to give prisoners medical care. Mr. Freytag questioned if the surgery was serious? Sheriff Billy answered that according to the physician it was. Manager Plunkett stated that this prisoner was arrested for DUl on February 26 and sentenced to 180 days in jail with 120 days suspended. The minimum sentence for DUl is 10 days. On the sixteenth day of his sentence, the prisoner became ill. Mr. Plunkett stated that the prisoner had been sentenced in Municipal Court and not Mayor' Court. County Commissioner Don Hill stated that this discussion had gone on many times before. Sheriff Billy stated that they can't ignore doctors orders. Councilmember Freytag asked if Mr. Billy had a copy of the contract the Sheriffs Department has with the Village of Granville stating that the Village is responsible for medical bills? Sheriff Billy stated that yes he did have a copy, and a new one is going to be coming soon. 3 1 Councilmember Vance questioned whether the prisoner had medical insurance? Sheriff Billy replied that no, the prisoner did not have insurance. Sheriff Billy stated that the County and other municipalities have had to pay for a variety of medical costs that they weren't happy with. Councilmember Vance asked of he was in jail for the DUI charge? Sheriff Billy stated that the prisoner also had a citation from Newark for driving under suspension. Councilmember Vance asked if the bill could be split with Newark? Councilmember Freytag asked why the bill had to be paid solely from Granville if the prisoner had a charge from Newark? Sheriff Billy stated that Granville could fight that out with Newark. Sheriff Billy stated that he is not being cold or trying to play hard ball. Sheriff Billy stated that the medical responsibility rests in the entity that put the prisoner in jail. Councilmember Vance stated that Council is not arguing with the County, Council is trying to figure out what happened and if the bill is Granville's responsibility. Councilmember Vance stated that the Sheriffs office should split the bill between Newark and Granville. Sheriff Billy stated that would be an accounting nightmare, he would leave that up to Granville to sort out. Councilmember Vance sated that maybe Council should suggest that they will pay half of the bill if Newark pays the other half. Vice Mayor Marshall stated that Council is not clear that the bills rests in Granville's hands at this point. Law Director Hurst stated that it is the Sheriffs Department's obligation to see to it that prisoners receive immediate medical attention. Mr. Hurst stated that he would review the contract between Granville and the Sheriff's Department. Mr. Hurst stated that he had not been aware that Newark was involved. Vice Mayor Marshall stated that Granville is willing to pay their fair share of the medical bill, the question is, what is that share?. Granville Volunteer Fire Department Rob Raker stated that the fire department had been invited to the Council meeting by Mr. Plunkett. Mr. Raker stated that they would respond to any questions Council had at this time. Councilmember Garrett stated that concern was raised by citizens in regard the purchase to of the Peck Shannon house. Mrs. Garrett stated that questions had been raised and Council wanted to know if the village had a say in this matter?Mrs. Garrett stated as Council understands, the village has no say. Councilmember Vance stated that if one referred back to the comprehensive plan, three option are available: relocate; expand; or a site station. Mr. Vance stated that he had thought when the time came that the fire department needed more space, there would be an opportunity for public input. Mr. Vance stated that it was Council's belief that this purchase of expansion may be proceeding without public input. Councilmember Freytag stated that several citizens had expressed concern if the fire department should remain in the downtown. 4 Vice Mayor Marshall stated that when Mr. Plunkett had asked for a copy of the fire department's bylaws, he was refused. Mr. Marshall stated that he realized that the fire department was a private organization, but they are funded with public monies. Mr. Marshall stated that he had heard a lot of comments from citizens of the Village about the issue. Bill Sharp of North Pearl Street stated that Council should look to the legislative authority. Mr. Sharp stated that if citizens have concerns, they should address them to the Township Trustees and not the Village Council. GVFD Attorney Art Morrow stated that citizens need to look to the proper legal authority. Mr. Morrow stated that the GVFD association had been formed in 1885, not as a corporation, but as an association. The fire department was incorporated in 1947. Mr. Morrow stated that the fire department operates as a private corporation, not for profit. Mr. Morrow stated that the fire department has a contract with Dension University. The village is part of the township. Mr. Morrow stated that when Mr. Plunkett asked for bylaws, he asked in the "typical New England; in-your- face approach". Mr. Morrow stated there are three paid employees at the fire department and approximately 40 volunteers. Mr. Morrow stated that prior to 1937, the fire department occupied part of the old municipal building. Mr. Morrow stated that in 1937, Clara Sinnett White gave the GVFD the North Prospect property to the village. Mr. Morrow stated that it was his understanding that the fire department then needed space for new equipment, and Ms. Sinnett- White gave the property to the village specifically for the fire department. Mr. Morrow stated that when he was growing up, the businesses supported the fire department and the business members were also volunteers. Mr. Morrow stated that there had always been a member of Council on the fire department. Mr. Morrow stated that the location of the fire department is excellent, the fire department has a contract with Denison University, and 80%of the calls are from Denison. Mr. Morrow stated that this is the first time this question had ever been brought up. Mr. Morrow stated that he would encourage the village and the fire department to work together. Mr. Morrow added that the fire department put out an annual report every year. Councilmember Garrett stated that the questions concerning the fire department came to the Village Council rather than the Township Trustees because village residents don't see themselves as part of the township. Mr. Morrow stated that the Council discusses their real estate purchases in private and the public is not entitled to comment. Councilmember Vance stated that the public has input on the Ordinances allow the that Village to purchase real estate. Mr.Vance stated that we have gotten off track, Council is not questioning the legal issue. Mr. Vance stated that Council is asking for some public input on this issue. Rob Raker stated that the fire department currently has a contract on the Peck Shannon property. Mr. Raker stated that Mrs. Shannon came to the fire department and said she would like them to purchase her property if they were interested. Mr. Raker stated that the fire department discussed it in their weekly meeting. Mr. Raker stated that the fire department currently does not have a lot of space. Mr. Raker stated that GVFD has approximately forty volunteers. Mr. Raker stated that the fire department has no intention of changing the existing structure of the Peck Shannon house. Mr. Raker stated that the present location is in the center of the district, if the fire department 5 1 1 moved, it would increase response time. Mr. Raker stated that the initial thought for the Peck Shannon house was for office space and perhaps sleeping space. Councilmember Vance stated that the public was interested in the location of the fire department. Mr. Raker stated that the comprehensive plan gives three options for the fire department, and expanding is one option. Mr. Raker stated that this is the most cost efficient way. Councilmember Vance stated that it isn't that Council is agreeing or disagreeing with the fire department, Council just feels that the public should have some input in the matter. Ron Mack stated that no matter where the fire department is located, sooner or later they will have to pass traffic. Mr. Mack stated that the fire department has not had complications yet, even on the forth of July with the road closed. Jim Dumbauld stated that he was a member of the fire department and the business association. Mr. Dumbauld stated that the location is perfect for the fire department. Mr. Dumbauld stated that if you find the fire department on the map and draw a circle around it, the fire department is in the center of their territory. Mr. Dumbauld stated that first he thought that the fire department did not need a larger station. After the fire department discussed it, Mr. Dumbauld stated that he changed his mind. Mr. Dumbauld stated that the fire department was making a good purchase. Mr. Dumbauld stated that a lot of citizens don't know what goes on at the fire department, if these citizens would come in to the station, they would get answers. Councilmember Freytag asked if the fire department would consider having an open meeting so the public could have some input? Mr. Raker stated that citizens could come by any time to ask questions. Councilmember Freytag stated that he could not understand the reluctance to have a public meeting. Mr. Morrow stated that the Council must want control over the fire department. Council stated that they were not interested in that. Councilmember Garrett stated that Denison and the township have representative a in the on the Fire Department Board. Mrs. Garrett asked if Council had a say matter? Eric Jones stated that the Trustees have a representative that attends the meetings on occasion, and Township Clerk Norm Kennedy is a volunteer. Councilmember Garrett stated that communication has been lacking and, people need to be aware of what is going on. Bill Sharp stated that when the citizens ask questions, Council should refer them to the Township Trustees Councilmember Freytag stated that the school board has open meetings, he doesn't understand the reluctance of the fire department to have open fire department meetings. Councilmember Garrett stated that this issue has mushroomed far beyond what anyone wanted it to. Richard Mahard stated that he had recently heard that the present fire station is not capable of holding a second floor. However, today a lot of things can be done to 6 1 allow the building to have a second floor and this could be an alternative to buying the Peck Shannon House. Lee Larson stated that he has been with the fire department for 22 years and can remember over and over issues the public brought to the fire department for discussion. Bill Mason stated that he is a township resident who has been active with the fire department in Granville. Mr. Mason stated that we need to look at the future. Mr. Mason stated that we need to start talking together. Mr. Mason stated that he is not aware of any person ever being turned away from the fire department when they wanted to ask a question. Ron Mack stated that the fire department is having an open house next week. Mr. Mack stated that he encouraged everyone to come down, look around, and ask questions. Councilmember Vance stated that he is not sure how we go on this subject, Mr. Vance stated that this is not a matter of trust, and Council is not criticizing the fire department. Mr. Vance stated that this was not an attempt for the Council to take over the fire department. Mr. Vance stated that the citizens and Council would like to see public input on the situation. Mr. Raker stated that he believed that the problem started here with Council and not with the fire department. Christa Dixon stated if the public is so concerned, where are these people?Mrs. Dixon stated that there is not one person here speaking in opposition. Mr. Morrow stated that the town worked on the Comprehensive Plan for 15 months, and people had all that time to speak concerning the fire department. At 9:30 p.m.,Vice Mayor Marshall stated that Council would recess for five minutes. Vice Mayor Marshall reconvened the meeting at 9:37 p.m. Ordinance No. 23-93, " An Ordinance To Require The Closure Of Vehicle Access To Shannon Lane Upon Completion Of Donegal Drive Within The Village Green Section Of The Erinwood Planned Unit Development Or Three Years From The Date Of Passage Of This Ordinance, Whichever Is First". Councilmember Shulman moved to table Ordinance No, 23-93. Seconded by Councilmember Vance. Councilmember Shulman stated that in his opinion, Council should closing Shannon Lane while pursue they have the opportunity to do so. Mr. Shulman stated that Council has received a letter from the fire department requesting the Lane to be left open. Vice Mayor Marshall asked if the road could be closed but remain open to the fire department? Manager Plunkett stated that we need to get access to Donegal Drive. This will be difficult to negotiate if Donegal and Galway are not built. Manager Plunkett stated that the concern was getting the emergency equipment in. The Murphy's had not shown the cut off of Shannon Lane on their set of plans. Now people who have bought the condos may not want the closure. 1 7 1 1 Vice Mayor Marshall stated that Council can decide to close the street. If the condo association disagrees, they can come to the public hearing and voice their opinion. Councilmember Shulman stated that there is a lesson to be learned here and that varying street widths is a perfect example. Manager Plunkett stated the fire department comments on each subdivision, and stated that narrow streets are inappropriate for emergency access. Councilmember Shulman questioned if Phase 11 had been approved? Law Director Hurst stated that once the overall PUD is approved, if specific approvals were addressed, it is a done deal. - Manager Plunkett stated that he believed that only Council could grant variances. Councilmember Vance stated that Council needs to find out what has been done. Ordinance No. 249- 3, A"n Ordinance To Amend Ordinance No. 109-2 Providing For New Subsection b( )7()To Ordinance No. 109-2 Of Granville, Ohio Establishing Water Regulations And Charges And To Repeal Existing Subsection (b)( 7)Of Ordinance No. 10-92", was reintroduced, title read and moved for adoption by Councilmember Garrett. Seconded by Councilmember Shulman. Councilmember Vance questioned if a person could pay for a tap without making application? Law Director Hurst stated that the application is for a permit. A number a residents have paid a tap fee and still have to make application for a permit to tap. Councilmember Freytag stated that he did not favor the Ordinance. Mr. Freytag stated that in his opinion, the Village could be sued under this ordinance. Mr. Freytag stated that the ordinance creates more problems than it solves. After a lengthy discussion, a roll call vote was taken: Garrett yes, Shulman no, Vance yes, Freytag no, Vice Mayor Marshall yes, Herman absent, Mayor Eisenberg, absent. Three yes votes, two no votes, Ordinance No. 24-93 was defeated. NEW BUSINESS Ordinance No. 259- 3, A"n Ordinance To Amend Ordinance No. 49-92 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1993 And Revising Sums For Operating Expenses", was introduced and title read by Councilmember Freytag. A public hearing was set for October 6, 1993, at 7:30 p.m. Resolution No. 933- 3, A" Resolution Authorizing The Village Manager To Enter Into A Mutual Aid Compact Agreement With Other Political Subdivisions In Licking County, Ohio To Provide For Mutual Assistance By The Interchange And Use Of Police Department And Equipment"w,as introduced, read in full and moved for adoption by Councilmember Garrett. Seconded by Councilmember Freytag. Motion carried. Resolution No. 93-33 was adopted. Village Council set Beggars Night for Thursday, October 28, 1993, from 5:30 p.m. to 7:30 p.m. 8 1 1 Manager Plunkett stated that the Village has received bids for the 1991 Caprice Classic and the Zoning Inspector's 1988 Ford. The high bid for the 1991 Caprice Classic was $3,000 and the high bid for the ford was $1,655.65 Council rejected all bids for both cars. Manager Plunkett stated that the Lucy Dale Kent property where filling is being placed on both sides of Cherry Street has a permit from Licking County. Mr. Plunkett stated that the Township has not yet issued a permit even though filling has been placed there. Councilmember Freytag stated that Manager Plunkett should send a letter to the Township Trustees relaying the Village Council's opposition to such filling. Manager Plunkett stated that the cable TV contract with Dimension Cable expires in 94. Manager Plunkett suggested that Council form a citizens committee to explore options available. Manager Plunkett stated that Stew Dyke, Tom Skoog and Arie Janssens are interested in serving in that capacity. MEETING ANNOUNCEMENTS Councilmember Garrett announced that she will be absent from the October 6, 1993 meeting. ADJOURNMENT Councilmember Vance moved to adjourn the meeting at 11: 07 p.m. Seconded by Councilmember Garrett. Motion carried.

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