Granville Community Calendar

Council Minutes DECEMBER 21, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
DECEMBER 21, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:35 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Bennett
Councilmember Freytag
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Vice Mayor Marshall moved to excuse absentee Councilmember Montgomery.
Seconded by Councilmember Freytag. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 43-94, "An Ordinance To
Establish The Granville Village Manager's Salary For 1995."
No one appeared to speak for or against Ordinance No. 43-94. The public hearing closed at 7:36 p.m.
A public hearing was held on Ordinance No. 44-94, " An Ordinance To Make
Appropriations For Current Expenses And Other Expenditures Of Granville, The Village Of State Of Ohio, During The Fiscal Year Ending December 31, 1995."
No one appeared to speak for or against Ordinance No. 44-94. Mayor Eisenberg closed the public hearing at 7:35 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled Council meeting of December 7. 1994 were presented for review.Councilmember Garrett moved to approve the minutes as corrected. Seconded by Councilmember Bennett. Motion carried.
MAYOR'S REPORT
The Mayors' report for the month of November was presented for review.Mayor oEfistheensbeermg idniuretectse.d the clerk to file the report.A copy of that report is attached as part
MANAGER'S REPORT
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The Manager's report for the month of November was presented for review. Vice
Mayor Marshall moved to approve the report. Seconded by Councilmember Freytag.
Motion carried. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Larry Huey Kirsten Pape
Nancy Boardman Doug Tailford
Patty Magnuson
Howard Garrett
Linda Schwarz
Sally MacPhall
Larry Huey stated that Council would be introducing Ordinance No. 45-94 this
evening concerning neon signs. He stated that because of the holidays, he would like
to see Council schedule the public hearing for the second meeting in January. He
stated that many people who are interested in the matter will be out of town the first
week of January because of the holidays.
Mayor Eisenberg stated that he had no objections to scheduling the public
hearing later in January. He stated that Council would keep that in mind when the
public hearings were being scheduled.
COMMITIEE REPORTS
Councilmember Garrett reported on the Planning Commission meeting of
December 19. At that meeting. the commission approved application, and approved a lot split, approved one sign a zoning change for the area south of SR 16 south on Cherry Valley Road. A worksession with representatives from St. Luke's Church had also been held. The representatives of the Church expressed their desire to replace a door and install an elevator with the entry in the Opera House Park.
Councilmember Shulman reported on the Tree &Landscape Commission
meeting of December 13, 1994.At that meeting. the commission had reviewed their accomplishments for the year.The Commission had planted over 200 trees and 300 shrubs in 1994. The Commission discussed some plans for 1995, including the Granflora project on South Main Street.
Mr.Shulman stated that this had been the first Tree L&andscape meeting he had attended. He stated that his personal observation was that the last several years had been a Granville we will never see it again in terms of large trees. He stated that extensive efforts had been put forth to replant trees however, because of pollution, electric lines, ect.trees will never grow to the size of the large trees Granville had once had in our lifetimes. Mr.Shulman stated that the period from 1960 to 1990 had been were the high point in terms of Granville tree stock. He stated that the Tree & Landscape Commission should be commended on the work they have done.
OLD BUSINESS
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Ordinance No. 43-94, " An Ordinance To Establish The Granville Village
Manager's Salary For 1995," was reintroduced, title read, and moved for adoption by
Vice Mayor Marshall. Seconded by Councilmember Freytag.
Roll call vote: Garrett yes,Shulman yes, Montgomery absent, Bennett yes,
Freytag yes, Marshall yes, Mayor Eisenberg yes. Six yes votes, one member absent.
Ordinance No. 43-94 was adopted.
Ordinance No. 44-94, " 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. 1995: was reintroduced. title read, and moved
for adoption by Vice Mayor Marshall. Seconded by Councilmember Garrett.
Councilmember Freytag stated that he continued to believe the sidewalk
appropriation for 1995 was inadequate.
Mayor Eisenberg stated that he had asked the question before, i"f Council were
to increase the sidewalk account, where would the money be taken from?"
Councilmember Freytag stated that the person who had drafted the budget
would know best where to take the money from.
Manager Plunkett stated that Council could eliminate street lights or anything
they wanted. He stated that the budget reflected projects that the staff and he
recommended and that Council could cut the budget anywhere they chose.
Assistant Village Manager Joe Hickman stated that the Summit Street storm
sewer and South Pearl Street project were two very important projects budgeted for
1995. He stated that the rest of the budget is normal spending.
Councilmember Freytag stated that last year there had been $ 84,000
appropriated in the sidewalk fund. He stated that if Council did not have $ 70,000 to
75,000 appropriated the sidewalks, that people are demanding are not going to be built.
Manager Plunkett stated that sidewalks were going to be built in the front of Erinwood and the new section of Bryn Du Woods. He stated that the Village is in the midst of an engineering study for Newark Granville Road and that in his opinion, 1996 would be the time to make additional appropriations to the sidewalk fund; that 1995 is the time to plan for sidewalks.
Councilmember Freytag stated that Council had a list of 10 sidewalks including Burg Street that had been prioritized as needing to be built. He stated that if Council waits to build sidewalks on Newark Granville Road, there are many other sidewalks that need to be built. He stated that his main point is the presently budgeted amount is not going to build many sidewalks.
Manager Plunkett stated that he respectfully disagreed and that Burg Street is an issue that cant' be addressed without some planning. He stated that the property owners on Burg Street will probably oppose anything suggested for the area. He BstuartgedStthreaettC. ouncil will probably encounter much controversy with anything done on
Councilmember Freytag stated that if the money is not appropriated in the budget, sidewalks were not going to be built and that he had now served on Council for almost four years amid a constant howl and cry for sidewalks. He stated that in
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four years the only sidewalk project completed is the West Broadway sidewalk. He
stated that a major sidewalk project should be built each year or the sidewalks people
are demanding are not going to be built.
Mayor Eisenberg stated that regardless of the planning schedule, he saw
nothing wrong with budgeting more for sidewalks.
Manager Plunkett stated that normally the Village budgets 7$,000 a year for
the sidewalk replacement program. He stated that this year.2 $7.000 went into
repairing 90%of the existing sidewalks and that he did not think that the budgeted
amount was unreasonable. He stated that as areas develop, developers are obliged to
build new sidewalks.
Councilmember Shulman stated that he did not think that the 1995
appropriation was enough money however, he agreed that timing was important and
that he was still hopeful Council could find alternative means of funding for sidewalks.
Councilmember Garrett stated that the Street &Sidewalk committee had
prioritized sidewalks. She stated that after the pathway plants adopted other means of funding could be found. In her opinion, she stated. the sewer projects were more important projects for 1995.
Mayor Eisenberg stated that if during the course of the year there is a valid
reason. the extra money in the general fund could be used for sidewalks and that
money could be used without causing a problem.
Mter a discussion.Vice Marshall stated that he agreed that more money needed to be in the sidewalk fund but he did not know from where to get the additional funds.
Mayor Eisenberg stated that Council could reduce the estimated General Fund balance. He stated that the estimated balance for the end of the year for 1995 is 217,000 and that Council could take 1$7,000 from the year end balance to add that to the sidewalk Fund.
Vice Mayor Marshall moved to amend Ordinance No. 44-94 by adding 1$7,000 to the sidewalk fund and reducing the estimated 1995 balance by 1$7,000. Seconded by Councilmember Garrett.
Roll call vote: Garrett yes, Shulman yes, Bennett yes, Freytag yes, Marshall yes, Mayor Eisenberg yes. Six yes votes, one member absent.
Roll call vote to adopt Ordinance No. 44-94 as amended: Freytag yes, Bennett yes,Montgomery absent,Shulman yes, Garrett yes, Marshall yes,Mayor Eisenberg yes. Six yes votes, one member absent. Ordinance No. 44-94 was adopted.
NEW BUSINESS
Granflora
Kirsten Pape presented a map of Granflora's proposed design for South Main Street. She stated that a row of trees would be planted along South Main Street to the IGA She stated that Granflora's general interest is plantings,but they would also like to extend sidewalks from the existing sidewalk to the IGA Granflora hopes to plant along the bikepath also. She stated that Granflora has picked plants that survive well
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in areas that are dark and that they would like to place an easel or message board
with information about Granville near the bikeway so that people traveling on the
bikepath could obtain information about Granville. Kirsten noted too, that Granflora
hoped to see one sign installed to include all the businesses at the IGA complex.
Ms. Pape stated that Tree and Landscape Commission is pursuing a grant that
may be able to help fund the project. Granflora would like to raise money privately to
help with the project and she didn't think that the project could be completed in one
year; it would probably be a long, expanded project. She stated that all the
businesses in the area would be asked to donate to the project. Denison University
would also be asked to donate to the proJect because the project would make their
building (the steam plant)look nicer.
Councilmember Garrett stated that John Montgomery was interested in fixing
up the old train station and may wish to help Granflora fund their project.
Manager Plunkett stated that Granflora may want to speak to the Evans
Foundation too, as a possible source of funding.
Ms.Pape stated that Granflora had not spoken to anyone because they wanted
to inform Council first.
Ms. Boardman stated that the overall plan would not happen overnight; it
would be a long expanded project.
Manager Plunkett stated that the SR 661 reconstruction project is scheduled
for 1995, but it could be delayed again.
Vice Mayor Marshall asked if the businesses would still be visible when the
trees were planted?He stated that some business owners may be upset if one could
not find their business as easily.
Ms. Pape stated that she did not see that as being a problem.
Mayor Eisenberg thanked Granflora for coming and commented that their plan was very nice.
Joint Parks &Recreation Commission
Patty Magnuson stated that the Joint Parks and Recreation Commission had
sent Council a report of their findings so far. She stated that the spoken with commission had Rod and Debbie MePeek concerning a joint recreation district. The committees' recommendation is formation of a joint district with a Board of Trustees governing the district. She stated that one of the bodies would be like the current Recreation Commission and the other one would be for maintenance and land acquisition.She stated that the commission did not want to change the present Recreation Commission.The committee wanted to keep the present Recreation Commission the way it is now and create a maintenance function with new commission members. The new board could purchase land and the land would belong to the board and not the Village or the Township. She stated that the commission wscahnoteodls.to know if Council wanted the board to be connected with the Granville pubic
Howard Garrett stated that the current Recreation Commission can't acquire property.Only the Village or the Township could buy property and the combined board would be unable to finance those acquisitions. He stated that the Committee
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needed to know if the Council would go along with a type of commission (district)that
could acquire property. He stated that if the Council doesn't want that type of a
District, the committee did not need to study the issue any further. He stated that the
present Recreation Commission is in place and carries out all responsibilities except
for acquiring land.
Mayor Eisenberg stated that he did not think that Council wanted to create
another taxing authority.
Mr.Garrett stated that if a joint board is established, the only thing it would do
different than the present board is levy taxes for land acquisition. He stated that the
current board can do everything a Joint board can do except acquire land.
Manager Plunkett stated that Council had discussed the issue at the last
Council meeting. He stated that Council did not think that a taxing authority should
be formed. He stated that the committee was formed to look into the issue to see if a
Board should be established or not. He stated that the original thought was to come
up with a joint body to decide on the management of existing lands and advise on land acquisition.
Mr.Garrett stated that he was interested in the committee because a number
of people were saying " why doesn't the village buy the polo fteld."He stated that the
Village does not have the funds to make land acquisitions and that only a taxing
authority could acquire the land. He stated that if Council was not interested in committee to acquire a land, he personally did not see any reason for the committee to continue.
Manager Plunkett stated that Rod and Debbie McPeek are probably on the
downside of their services to the Recreation Commission. He stated that the Village and the Township are going to have to make some important decisions as to where the programs are going to go. He stated that someone is going to have to be in charge of managing those programs
Mr.Garrett stated that the current Recreation Commission can do all of those things except acquire land.
Vice Mayor Marshall stated that he is not in favor of Village Council promoting another taxing authority.
Patty Magnuson stated that expansion of the Recreation Commission could occur under the organization the Village has today.
Mr.Garrett stated that if Council was not interested in creating a taxing authority, there was no need for the committee to go any further. He stated that everything is now in place under the existing Recreation Commission. He stated that the committee had approached the Township Trustees and they stated that the taxing concept did not bother them at all.
Councilmember Freytag ask if the committee could decide if a taxing authority was in the best interest for the community and give reasons why or why not? Mr.Garrett asked if Council was opposed to having a Joint recreation district? Councilmember Freytag stated that Council did not know the beneftts of the 1 Joint Recreation Board. He stated that the committee should educate him.
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Mayor Eisenberg stated that Council needed to see the final report and
recommendation from that committee and then let the public decide what they would
like.
Mr. Garrett stated that the committee would need alot of legal advice. He asked
to whom they should go to get legal opinions?
Mayor Eisenberg stated that Mr. Becker represented the Township Trustees. He
stated that the responsibility of the Law Director should be divided.
Vice Mayor Marshall stated that in his opinion, it would be inappropriate for
the Law Director to rule on the issue.
Law Director Hurst stated that he had initially been asked to render an opinion
concerning joint boards. He stated that the same general comments can be made
about the Joint district. He stated that he is not prepared to render an opinion
concerning how and why a joint board may be formed. He stated that the questions
dealing with the taxing authority are outside the scope of law director. He stated that
it is a major undertaking and he did not have any problem working with the
prosecutor on the matter. Mr. Hurst stated that if Council tells him to get an answer
for the committee, he would. He stated that the questions the committee is asking not are questions that can be answered without a significant amount of time being put into them.
Pathway Presentation
Village Planner Doug Tailford presented his pathway plan for Granville in
which the pathway plan identifies the designs and types of pathways throughout the
entire Village. He pointed out existing sidewalks and where sidewalks in the newly
developing Bryn Du IV would be installed. He stated that his plan was designed to
maximize use of the Evans Foundation's existing bikepath and that pedestrian bicycle lanes are not currently in the plan.Mr. Tailford noted that wide curb lanes are proposed to widen the roadway and make it safer for bikes in certain Village Streets and that the plan does not encourage the use of wide curb lanes.
Manager Plunkett stated that for years he had heard complaints that children could not get their bikes to Spring Valley Pool and he asked how that would be addressed in the pathway plan?
Mr.Tailford stated that he is proposing to ODOT a pedestrian type underpass which would be included in the SR 16 widening project to go over Raccoon Creek and through the Quisenberry property.He stated that several pedestrian overpasses have been done by ODOT, statewide. He stated that that was long range plan and not something likely to be seen in the near future.
Mr.Tailford stated that a cedar mulch trial is proposed for the Raccoon Creek area to encourage walking along the Creek through Wildwood Park. He stated that critical crosswalks would be marked to encourage people to cross at the road marking and that crossings on Newark Granville Road are designed with brick to help designate the crossing:some will have a plastic marking.
Law Director Hurst questioned street lighting at the crossings. Mr.Tailford stated that as areas develop, more street lights will be needed. He observed that the pathway plan mainly is a guide for the staff to use when planning
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capital improvement projects.When developers come in and want to develop, they will
be told that sidewalks according to the pathway plan need to be included as part of
the plan.M¢Donalds will be asked to build a pathway from their establishment to the
Evan's Foundation bike path. Mr.Tailford stated that the Murphy's would be asked to
pay their part of the sidewalk on Newark Granville Road. He stated that he has the
sidewalks prioritized however, if there is an opportunity to get a lower priority
sidewalk built, it will be; he would like to get as many sidewalks built as he can.
Law Director Hurst asked why Erinwood had been waiting to build their
sidewalks?
Mr.Tallford stated that Eirnwood has a committed to building the sidewalks
and there is really no sense in building the sidewalks until the Village finishes the
Newark Granville Road study and builds sidewalks out to the Murphy's.
Councilmember Garrett stated that it may be a long time before there are
sidewalks in front of the polo field. She stated that the Murphy's and Mr. Kent should
build their sidewalks now.
Mr. Tallford stated that the Village could request that the Murphy's build the
sidewalks at any time and that he had told the Murphy's that they could hold off building their sidewalk until the Village on was ready the build.
Councilmember Bennett asked if there were any tracts of land that the Village
should acquire in order to build the pathways?
Mr.Tailford answered no.
Resolution No. 94-49, A" Resolution To Adopt The Granville Pathway Plan As A Planning Guide When Reviewing And Approving Development And/ Or Capital
Improvement Projects,w"as introduced, read in full. and moved for adoption by
Councilmember Garrett. Seconded by Councilmember Shulman. Resolution No. 94-49 was adopted.
Resolution No. 94-50, A" Resolution To Authorize Payment Of A One Time Bonus To All Village Employees In January Of 1995,w"as introduced, read in full, and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Garrett.
Councilmember Shulman stated his opposition to the introduction of any of the sign code amendments. He stated that Council had passed the original sign code on August 3 after the Sign Code Committee, the Planning Commission, and Law Director Hurst had reviewed it;he did not recall neon signs or noble gases being a pressing issue during those discussions. Mr. Shulman stated that the vote to pass the sign code had been 6 to 1 in favor, with Mr. Vance objecting because of sign sizes; on August 4th,Mr.Vance resigned from Council and Councilmember Bennett took his place.Mr.Shulman noted that on October 19, Mrs. Huey had come to Council seeking that the code be enforced and neon be prohibited. In Mr. Shulman's opinion, the ordinance has not been in effect Iong enough to have been tried. He stated that Council had not previously heard any concerns from the public, and should wait awhile to see how the code works out. He stated that the neon signs are mostly b"eer sold here"signs, and that is not the kind of image Granville wants to portray and that
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he would like to have those signs prohibited. He stated that if neon signs were present
to help in getting a 6-pack to go, in his opinion, that is not something Granville wants
to encourage. He stated that he strongly suggested that Council not introduce any of
the ordinances regarding amendments to the sign code.
Vice Mayor Marshall stated that he agreed with Councilmember Shulman
100%He.stated that he thought Council was trying to fix something that wasn't
broken. He stated that in his opinion, Council should leave the ordinance alone and
see what happens.
Mayor Eisenberg asked how currently installed neon signs would be dealt with
if no amendments were made?
Vice Mayor Marshall suggested that very old neon signs be grandfathered and
others be treated as temporary signs.
Councilmember Bennett stated that he understood that people are reluctant to
change things, especially when Council had worked so hard to get the code they have.
He stated that it is hard for him to believe that the sign code is nine pages long. He
stated that he has not seen any evidence that neon signs are as big a problem as they seem to be; he did not think the average citizen is alarmed with neon signs. He
stated that he thought Village Council was getting too far into little details and that people are always saying - preserve Granville". Mr. Bennett noted that he can
remember looking at the pool hall in Granville and seeing all the signs and people, and that is something that he will always remember. He stated that he did not see
neon signs as being much of a problem. He stated that he realized that he was probably howling against the wind, however. that is the way he feels and he is not
going to lose any sleep if the ordinance is defeated but the issue is entitled to a public hearing. He stated that he was sure Mr. Huey would like to express his feelings
towards neon signs and that most business owners have no idea that their signs are in violation.He stated that he thinks that Council has bigger ftsh to fry.
Councilmember Freytag disagreed with Councilmember Bennett. He stated that he believes that aesthetics are very important to people and neon signs are an issue. He stated that he believes it is an important issue and that people choose to live in Granville because they don't want to be in other areas where there is no control. He stated that there are places close to Granville with terrible control over signs. He stated in his opinion, the sign code is not micro management, it is the way you get a place desirable to live in.He stated that there are residents that don't want neon signs wanadnthse. did not think that Granville should allow them and that is what the public
Mayor Eisenberg stated that Council was still going to have to address the issue of neon signs.
Mter a discussion,Councilmember Bennett introduced Ordinance No. 45-94, An Ordinance To Amend Chapter 1189 Of The Codified Ordinances Of Granville, Ohio, Establishing Sign Regulations."
Mayor Eisenberg set the public hearing for January 18. 1995. 1
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Ordinance No. 46-94, " An Ordinance To Amend Chapter 1305 Of The Codifted
Ordinances Of The Village ofGranville,w"as introduced and its title read by Vice
Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 46-94 for January
18, 1995, at 7:30 p.m.
Ordinance No. 47-94, A"n Ordinance To Rezone Properties South Of State
Route 16 Along Cherry Valley Road To The Zoning Classification Of Planned
Commercial District (PCD)w,a"s introduced and it title read by Councilmember
Garrett.
Councilmember Garrett stated that she would be absent from Council on
January 18. She ask if the public hearing on Ordinance No. 47-94 could be post
poned until February 1, 1995?
Mayor Eisenberg set the public hearing on Ordinance No. 47-94 for February 1,
1995, at 7:30 p.m.
ADJOURNMENT
Councilmember Garrett moved to adjourn the meeting at 10:05 p.m. Seconded by Councilmember Bennett. Motion carried.

Council Minutes DECEMBER 7, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
DECEMBER 7, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:34 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
PUBLIC HEARINGS
Vice Mayor Marshall
Mayor Marshall
Law Director Hurst
Manager Plunkett
A public hearing was held on Ordinance No. 34-94, " An Ordinance To
Amend Section 1177.04(d)( 1)OfThe Codified Ordinance Of The Village Of Granville."
No one appeared to speak for or against Ordinance No. 34-94. The public hearing closed at 7:34 p.m.
A public hearing was held on Ordinance No. 36-94, " An Ordinance To Amend Section 1137.02 OfThe Codified Ordinances OfThe No Village OfGranville." one appeared to speak for or against Ordinance No. 36-94. The public hearing closed at 7:35 p.m.
A public hearing was held on Ordinance No. 37-94. A"n Ordinance To Amend Section 1147.01 OfThe Codified Ordinances OfThe Village OfGranville." No one appeared to speak for or against Ordinance No. 37-94. The public hearing closed at 7:36 p.m.
A public hearing was held on Ordinance No. 38-94, A"n Ordinance To Amend Chapter 1189 OfThe Codified Ordinances OfGranville, Ohio Establishing Sign Code Regulations."
Bob Allen. proprietor ofBrew's Cafe D&eli, stated that he had received a letter from Village Planner Doug Tailford notifying him that his neon window sign was in violation of the code and must be removed. He stated that earlier in the year he had been told by Mr.Tailford that neon signs were permitted as long the sign changed yearly.Mr.Allen stated that he realized there was much publicity concerning signs however,Council must realize that businesses need to advertise. He stated that Mrs.Huey had complained that his neon sign had been installed for over a year. He stated that she was incorrect in her accusation and that he had
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sent her a letter stating so. He stated that he runs a nice respectable business and
needs to use signs as a means for advertising.
Councilmember Bennett stated that he had submitted an amendment to the
sign code which addressed neon signs. He stated that because of a communication
problem, the changes had not yet been put into ordinance form. He stated that it
was and still is his intent to have those changes put in ordinance form and
brought before the Council.
Mayor Eisenberg stated that he agreed that the sign code needed further
discussion. He stated that Council could debate the issue under old business.
Mayor Eisenberg closed the public hearing on Ordinance No. 38-94. at 7:40
P.m.
A public hearing was held on Ordinance No. 40-94,An Ordinance To Amend
Section 921.07 OfThe Codified Ordinances Of Granville. Ohio, Establishing Sewer Regulations And Charges.
No one appeared to speak for or against Ordinance No. 40-94. The public hearing closed at 7:45 p.m.
A public hearing was held on Ordinance No. 41-94, " An Ordinance Granting
An Exclusive Franchise To Waste Management To Operate And Provide Curb Refuse Side Collection In Granville And Setting Forth The Terms And Conditions
Accompanying The Grant OfThe Franchise And Providing For Regulation Of Refuse Hauling."
Libby Smith of 467 West Broadway stated that the franchise was for curb service. She stated that she currently uses Big 0" "for her trash service and that Big 0" "comes up her long driveway to pick up her trash. She stated that she is elderly and there is no way she would be able to take her trash to the bottom of her driveway and that she resented being told who would provide her trash service, and resented having to do away with service from Big "0".
Mayor Eisenberg stated that back door pick up for senior citizens and disabled persons was an issue posed to Waste Management.Waste Management will provide back door service for any senior citizen or handicapped person. He stated that seniors will also receive a 10%discount.
Rick Campbell ofWaste Management stated that senior citizens will receive a 1$.00 discount per month. He stated that the handicap would receive back door bseercvihcearagtenod3 c$.h0a0r.ge. He stated that anyone else wanting back door service would
Vice Mayor Marshall stated that he had misunderstood Mr. King at the last Council meeting.He stated that he was under the impression that seniors could receive the back door pick up at no charge.
Libby asked what the monthly rate was for pick up? Manager Plunkett stated that without recycling the cost would be $ 7.05 per month. 1
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Sally Hannahs of 423 East College Street asked where Council drew the line
for something like service. She stated that if the Council would pay for her garbage
service. then perhaps they could choose which company she should use. She
stated that when she pays her monthly garbage bill it is like a service. She asked if
the Council was going to choose her cleaning service or her lawn service?She ask
where the authority for the Council to do such a thing came from?
Manager Plunkett stated that the authority to issue franchises comes from
the Charter. He stated that the Council can issue a franchise for any service that
Council feels is in the best interest of the community.
Sally Hannahs stated that there are many voices that say they do not want
this franchise. She asked if Council would say only one cement company could do
business in Granville or one lawn service company?She stated that she does not
understand the reason for this. She asked why this was again an issue?
Manager Plunkett stated that Council banned together as a municipal
government to provide the services that a large number of citizens asked for.
He stated that when the solid waste was a big issue there was much publicity. He stated that more Council looked at the issue and saw an opportunity to
save money and wear and tear on Village streets and that Council then put
together specifications and put the project out to bid. The Council had voted down the issue. He stated that now two years later, the bids have come in again and the rates are cheaper.Mr.Plunkett stated that he personally uses Johnson Transfer for garbage and Waste Management for recycling.He stated that he can now get the same level of services for a cheaper rate. He stated that the Village would save 8,000 to 9$,000 on the spring clean up/fix up week and save on wear and tear of streets. He stated that Council saw an opportunity to save money and that is why it is again an issue.
Sally Hannahs stated that income tax is for services like spring clean up. She stated that she did not know how the whole thing worked.
Councilmember Garrett stated that Council represents the public and that when one votes for a member of Council they are saying t"his is who I want to representme.S"he stated that several years ago John Ashbrooke and Mc Donald both made a similar statement. y "ou elect us because you trustus"....... Interrupting Councilmember Garrett,Ms. Hannahs stated that she understood how government worked.
franchiMseasy.or Eisenberg stated that the Charter gives Council the authOIity to issue
read Ms.Hannahs stated that she had never seen that and would like to have it to her.
Mayor Eisenberg stated that 70%ofGranville residents use Waste cMoasnt.agement.He stated the others would realize a 20 to 30 percent reduction in
less. Ms.Hannahs stated that she would be paying more so that others could pay
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Clara Buckles stated that she has used Big "0"and she is very satisfied with
their service.
Guy Martin stated that Big "0"gives him back yard pick up. He stated that
if you live near sugar loaf park varmints terrorize your garbage. He stated that if
one puts their garbage out by the street. the cans get knocked over and garbage
blows all over the neighborhood. He stated that he did not want his garbage
blowing all over the neighborhood and that he wanted to have a choice of who
hauls his trash. He stated that that was his decision, not Council's. He stated that
it was a matter of choice and a personal issue.
Jhonnie Valdes of 15 Sunset Hill stated that in her opinion, a single trash
hauler is a win-win situation. She stated that it would give people a chance to
recycle. She stated that she sees it as reducing rates and saving thousands of dollars for the Village:
Trump Bradley stated that he had arrived in Granville thirty years ago when Linn Hauling was the only such business in Granville. He stated that the reason
was Village Council issued a single trash hauler license then. He stated that Linn
Hauling had not performed to his satisfaction and that he then contacted Ideal
Sanitation and received excellent service. Ideal Sanitation was later bought out by
Waste Management. Waste Management informed customers that they would longer provide back door no service. He stated that from that day on, he had used Big U.
Mr.Bradley stated that his property doesn't lend itself to carrying garbage to the street. He stated that he has been using Big 0" "for years and that Big 0" " doesn't charge for additional recycling. He stated that it was his understanding that a year or two ago,Big 0" "was awarded a contract. however it never happened.Mr.Bradley stated that this time certain conditions prohibited Big "0" from even bidding.He stated that he has been using Big 0" "for years and they have done a hell of a nice job, and would hate to loose them. He stated that if Waste Management screwed up, he would have no one to bitch to except Council. Arie Janssens of 764 Newark Road thanked the Granville Business and Professional Association for their support of not having a single trash hauler.Mr. Janssens asked if the letter received by Council from the GBPA could be read? Manger Plunkett read the letter from the GBPA. A copy of that letter is hereby attached as part of these minutes.
Arie Janssens stated that he had spoken to Mrs.Malcuit who, according to Mr.Plunkett,was in favor of a single trash hauler. He stated that Mrs. Malcuit currently uses Big 0" "and is concerned because she may be losing them. Mr. Janssens stated that the public has been telling the government to g"et off our bbuascinkess"fsor some time.Mr.Janssens stated that Council would be forcing him to do with someone he did not like
Larry Huey stated that he did not have a position on the single trash hauler. He stated that Council should make sure that residents will have the opportunity to pick and choose which services they want. He stated that for an example if
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someone doesn't want to recycle, they shouldn't have to pay for it. He stated that
he did not see anything that specifically said the residents will have the right to
pick and choose services.
Manager Plunkett stated that the only required service is the weekly pick-
UP.
Mr. Huey stated that the franchise is for three years. He asked if there was
anything in the contract that would take care of the township should a merger
take place?
Mayor Eisenberg stated that if a merger would occur, that issue would be
negotiated along with thousands of other issues.
Byron Fillinger of the Granville Apartments stated that he pays $ 275 month for a trash pick-up.
Mayor Eisenberg stated that commercial businesses would not be affected.
Byron Fillinger stated that if Big "0"could not come into town he would be
affected. He stated that he has worked with Waste Management before and they
are totally out of line.
Susan Karian of 234 Welsh Hill Road stated that she was on the committee
a few years back who researched the single trash hauler. She stated that she did
not consider the committee to be experts in the area, however the committee never recommended any certain hauler. She stated that committee had recommended a one year contract and recommended that the selected hauler comply with detailed specifications.A cancellation clause for poor performance was also recommended.
She stated that earlier today when she had contacted Big 0" "they mentioned something about picking up refrigerators.
Councilmember Garrett stated that if the trash haulers pick up refrigerators, the freon must be removed before the dump will accept them. She stated that Dick Sherman will remove the freon.
Susan Karian asked if the project could be rebidded?She stated that Big 0"may be able to bid on the project if it was rebid.
Edith Schories of 128 West Maple stated that the Village is worried about tearing up the streets. She stated that Waste Management has the biggest and the heaviest trucks. She stated that the senior citizens feel penalized because under Waste Management,they will have to pay 2$.00 more for back door service. She mstaotsetdrethsiadtesnetsn.ior citizens should pay less because they have less garbage than
Mayor Eisenberg stated that Big 0" "was not disqualified from bidding. He stated that they were not qualified to bid.
Sally Hannahs stated that she was confused. She stated that Village was going to have the franchise to save the streets. Commercial business can still choose whoever they want to haul the trash. She stated that the trucks will still use Village streets. She stated that the situation confuses her. She stated if Council has a right to protect the residents, they should protect the businesses too. She stated that Big "0"did not bid on the issue because a security check was
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needed and they couldn't put up the money. She stated that independent
businesses can't put up large amounts of cash. She stated that they shouldn't be
penalized because they do not have large amounts of cash. She asked what the
amount of the security bond was that the Village required with the trash bid?
Manager Plunkett stated that he did not remember. He stated that a surety
bond was needed.
Ms. Hannahs stated she wanted to know the amount of the security check.
Councilmember Bennett stated that the bid required a guarantee bond
which was a small percent of the bid.
Ms. Hannahs again asked what the amount of the security check was?
Manager Plunkett stated that he honestly didn't remember the amount.
Ms. Hannahs stated that she couldn't believe that no one knew the amount.
She stated that Big "0"could not bid because they did not have the Gilbert Reese stated money. that he thought in general. government should refrain
from taking action to force people to do things. He stated that this kind of action
leads down the road and will end up embarrassing the Council. He stated that
what they do or appear to do is not good for the Village. He stated that the Village
should not take governmental action to force people to do things they don't want to. He stated that he strongly urged Council to eliminate the idea of a single trash hauler.
Councilmember Bennett asked if another public hearing would be held if the contract was required to be rebid?He stated that a significant change in the specifications for yard waste affected the bid. He stated that he understood that municipal government is different however. at the federal level, if this type of situation came about, rebidding would be necessary.
Vice Mayor Marshall stated that ifyard waste was eliminated, the selected company would be the low bidder.
old Mayor Eisenberg stated that Council could discuss the issue further under business.
Marge Hendey of 740 West Broadway stated that she had been a member of the recycling study committee several years ago. She stated that even though recycling is not a popular thing right now,people should really think about it. Ed Vance ofThornwood Drive stated that he would like to second Mr. Reeses' comments. He stated that in addition to that, even though the business aren t' effected by the single trash hauler, the prices will most likely rise for them if the trash companies have fewer customers in the Village.
Billie Weaver of 343 West Maple Street stated that she had been in Granville longer than most residents. She stated that there has always been a problem with trash. She stated in the past she had fought to keep Linn Hauling. She stated that when Big 0" "came into the Village, there were alot of senior citizens who used Waste Management who could not bring their trash to the curb. She stated that Mr.Adkins ofBig 0" "said that he would take care of them.She stated that Big 0" " has been providing excellent service for years and now the Village wants to take it
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away. She stated that she once again was here ftghting to keep her trash hauler
and that the public trusts Council, now Council should trust the public to keep
the trash hauler open.
Jim Pyle stated that the way things are currently, if one doesn't like the
trash company they are using, one can go elsewhere. He stated that the problem
gets taken care of without Council. He stated that sometimes people write bid
specifications so that certain companies can not bid on certain projects. He stated
that that was a way of making sure the bidder you like best gets the bid. He stated
that the Village had specifications that did not allow Big "0"to bid.
Ray Titley asked how Council was going to collect the money for the project.
He ask what would happen if someone wanted to share services with their
neighbor?
Cindy Wilkins of 341 North Granger stated that the gentleman had offered good compromise. She asked if there a could be a separate contract for residents
who wanted to use Waste Management?
Manager Plunkett stated that the Granville Service Department did the curb
side pick up for the spring clean up and Johnson or Waste Management whichever is the low bidder), takes the waste. He stated that if the waste hauler
did the curb side pick up, the cost would be less to the village and it would fee up man hours in the Service Department.
John Cassell of 216 East College stated that in terms of the spring clean up, the increased income tax was suppose to be for the clean up. He stated that one of the major things the tax increase was for had been the spring clean up. He stated that in his opinion. the Council would be indirectly taxing citizens. He stated that ifmore money was needed keep the spring cleanup, Council should be increasing the income tax. He stated that someone had mentioned the all the trucks wearing out the Village streets. He stated that the trucks are still going to run up an down College Street.He stated that many residents have stood up and spoke against the single trash hauler.He stated that if the issue passes, the citizens are going to have a petition to appeal it. He stated that a lot of people are opposed and Council should be thinking along those lines.
Mayor Eisenberg stated that Council had been through this three years ago. He stated that it seems to boil down to one issue. Should Council do this in order to provide savings to a larger portion of the residents?
Jim Pyle stated that Council should allow citizens who don't want to be involved to opt out.
Mayor Eisenberg thanked everyone for their input. He stated that the ordinance would be acted on under old business. He stated that he appreciated everyone coming.
The public hearing on Ordinance No. 41-94 closed at 8:45 p.m. 1
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A public hearing was held on Ordinance No. 42-94. A"n Ordinance
Establishing A Law Enforcement Trust Fund For Collection And Disbursement Of
D.A.R.E. Monies."
No one appeared to speak for or against Ordinance No. 42-94. The public
hearing closed at 9:45 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of November 16, 1994, were
presented for review. Councilmember Bennett moved to approve the minutes as corrected. Seconded by Councilmember Freytag. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
R.Titley
Frank Braumn
Arie Janssens
Edith Schories
John Noecker
Sally Hannahs
Cindy Wilkins
Johnnie Valdes
Susan KaI-ein
Doug Wagner
Esther Coffey
Sara Kirby
Rick Campbell, Waste Management
Larry &Carolyn Huey
Billie Weaver
Robert Allen
Doug Tailford
Clara Buckles
Libbie Smith
Sally MacPhail, Sentinel
JoAnn Morey
Phil Wince
Mary Ann Reeb
John Cassell
Byron Fillinger
Florence Longwell
Guy Martin
James Coffee
Joan Turner
Ed Vance
Laruen Hoffman, Rumpk
Evelyn Frolking
Gail Wince
J. Leslie Hicks Jr.
Ed Vance asked if there was money set aside in the 1995 budget for the street lighting in downtown Granville to match the funds with the Granville Business and Professional Association.
Manager Plunkett stated that the money is not set aside. He stated that the Amsosnoecyiawtioilnl be appropriated when the Granville Business and Professional collects their half of the funds.
Ed Vance stated that the Granville Business and Professional Association had been working hard on the project and he encouraged Council to increase the matching amount to 7$,500 or 1$0,000. He stated that the project would be completed faster if the Village helps out.
selectPehdi?l Wince asked how the residents on the merger petition study were
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Manager Plunkett stated that the merger study commission was brought
about by citizens in Granville. He stated that he was one of the citizens that
helped. Mr. Plunkett stated that a number of citizens were approached and asked
if they would be willing to serve on the committee if the study was voted for.
Mr.Wince asked if there were any procedures for the selection?
Councilmember Garrett stated that citizens were asked if they'd be
interested in serving on the commission.
Mayor Eisenberg stated that people who are opposed to the merger signed
the study petition and agreed to be on the committee in the interest of protecting Granville and its boarders.
Mr. Wince stated that he would simply like to know how one would be able
to serve on that committee if one wanted to.
Mayor Eisenberg stated that the issue came about quickly because of
Newark's petition to annex the land.
Councilmember Garrett stated that the petition had to be filed quickly
because if it was filed after election day, there could be an increased number of
signatures needed in order to file the petition.
Manager Plunkett stated that he did not know but perhaps additional candidates could be "write in's"on the ballot. He stated that the Board of Elections
would have to answer those questions.
Mr.Wince stated that he was wondering for example, if"Mrs. Smith"wanted
ftoorbme eond?the committee, how would she haveknown the committee was being
Manager Plunkett stated that she might not have known.
COMMITTEE REPORTS
Councilmember Freytag reported on the Recreation Commission meeting of December 6, 1994.At that meeting, the commission's 1995 budget had passed. He stated that a discussion took place concerning the possible effects of the Keny property being annexed to Newark. He stated that the 1 2/mil wouldn't be collected and the Granville Recreation Commission would most likely be called
huopwonevteors, ervice that area. He stated that nothing was done concerning the matter, it was an interesting discussion.
Councilmember Garrett reported on the November 21 Planning Commission meeting.At that meeting. ilive architectural review applications were approved, and two sign applications were approved.The Commission table a request for a rezoning application.A majority of the commission voted that the sign ordinance should be enforced as written with new neon signs not being permitted. She stated that some members of the commission felt that the existing neon signs could stay in place until they die. She stated that some members felt that the neon sign at Taylor's Drug was old enough to be grandfathered.
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Councilmember Garrett stated that the Planning Commission had a
worksession with the residents on Cherry Valley Road south of SR 16 to discuss
rezoning the entire area.She stated that a recommendation would be coming from
the Planning Commission soon.
OLD BUSINESS
Ordinance No. 41-94, " An Ordinance Granting An Exclusive Franchise To
Waste Management To Operate And Provide Curb Side Refuse Collection In
Granville And Setting Forth The Terms And Conditions Accompanying The Grant
OfThe Franchise And Providing For Regulation Of Refuse Hauling," was reintroduced, title read, and moved for adoption by Councilmember Montgomery. Motion seconded by Councilmember Bennett.
Councilmember Bennett stated that in his opinion, there was a problem
with the bids because one of the requirements had been removed by EPA. He
stated that he wasn't present at the last meeting but the minutes reflect that
Councilmember Freytag suggested a rebid because of confusion. He stated that
Waste Management modified their bid for senior citizens after the fact. He stated that he did not feel this was a situation where there stated that from was a good. clean project. He a legal standpoint, he felt there was a problem and that in his
roepbinidio. n, if Council was going to have a single trash hauler, the project should be
Councilmember Garrett stated that Council had received a letter from Mr.
King ofWaste Management with the senior citizens discount as an addendum to the bid.She stated that the project should be rebid to include those items in the specifications. She stated that Rumpke and Waste Management have submitted adjustments to their bids after the fact.
Mayor Eisenberg asked Councilmember Freytag if he was still of the opinion that Council was on shaky ground?
Councilmember Freytag stated that in his opinion. all the bidders should be treated equally and fairly. He stated that what Councilmember Bennett has indicated adds to the problem of the questionable biding process. He stated that in his opinion, he does not think Granville should have a single trash hauler. He stated that two or three years ago, the issue was voted down. If people are dissatisfied with Waste Management they can choose Big 0" "H.e stated that that was the beauty of the free market system. He stated that if someone wanted to sshwoituclhdhbaeulers because they were unhappy with the price being charged. they allowed to do so.
Councilmember Garrett stated that the Village would be saving 8$,000 to so9m,0e0t0h.inSghe stated that that is money that could be spent on sidewalks or else.
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Mayor Eisenberg stated that he thought the residents would be interested in
the cost savings.He stated that the residents have been speaking passionately
against the single trash hauler.
Vice Mayor·Marshall stated that usually when an issue comes up, the
negative side of the issue is usually what shows up in full force, especially when a
company:writes a letter to its customers asking them to appear at the meeting. He
stated that alot of opinions had been expressed. He stated that at the last meeting
when Mr. King of Waste Management spoke, he had been under the impression
that handicapped and senior citizens would be able to receive back door pick up at
no charge.
Councilmember Freytag stated that if one wanted to take advantage of
savings from another company, one did not need to rely on the Village of Granville
to do so.
Mayor Eisenberg asked Law Director Hurst if he had an opinion on the bids?
Law Director Hurst stated that the original question had been if Council
were comparing apples to apples. He stated that Council had come to solid ground
on that issue. He stated that the addendum suggested to Council had no bearing
on the decision of Council. He stated that nothing is relative and enforceable
unless the contract has the provision stated. He stated that the addendum was not part of the original bidding specification. He stated that the yard last issue concerning waste was an option item and not a required item.
Mayor Eisenberg stated that Council needed to first determine if the
ordinance was going to pass. He stated that Council could not pass the ordinance and then say they wanted to rebid the process.
Mayor Eisenberg asked for a show of hand vote. Is Council in favor of a single trash hauler if the other issues were resolved?
Councilmembers Bennett, Freytag,Marshall and Shulman stated that they would not be in favor of the single trash hauler.
Roll call vote to adopt Ordinance No. 41-94: Freytag no, Bennett no, Montgomery no, Shulman no, Garrett no, Marshall no, Mayor Eisenberg no. Seven no votes, Ordinance No. 41-94 was not adopted.
Welsh Hills School
Evelyn Frolking stated that the Welsh Hills School was present to followu-p on a request made to the school eight weeks ago. She stated that the request was to consider working a partnership with the Village to access a bike path from Newark Granville Road where the new school is currently being constructed. She stated that the school had previously asked for time to think the offer over. She stated that the school had discussed the issue at their board meeting.The school's proposal has been sent to the Council.Ms. Frolking read the proposal, a copy which is attached as part if these minutes.
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Ms.Frolking presented a drawing showing the proposed easement. She
stated that the land on the east borders property owned by the State of Ohio and
will be empty for a long period of time.
Mayor Eisenberg asked how important the land was in terms of the village
pathway plan.
Village Planner Doug Tailford stated that that part of the pathway was very
low in priority. He stated that it will serve a very important connection to the
overall plan.
Mr.Tailford stated that the pathway plan has the bikepath running along
the driveway of the Welsh Hills School. He stated that there is no reason to take
the path further than the school. He stated that the pathway was planned to run
along the driveway of the school in order to give walkers access to the school.
Mayor Eisenberg ask if the school planned on prohibiting the public from
walking along the driveway?
Ms. Frolking stated that the school didn't want people walking there. She
stated that there was alot of traffic and the school felt that the back portion appropriate place. was an
Doug Tailford stated that part of the pathway plan was to provide loops so that a recreation type of path was created.
Vice Mayor Marshall asked what kind of public use opportunity would there
be in waiver of the public use fee?For example, he asked if the soccer fields would be available to the public?
Ms. Frolking stated that when appropriate they would be made available.
She stated that the sports program has many details that need to be worked out. Councilmember Freytag asked if Council had the legal authority to authorize waiving of fees?
Vice Mayor Marshall stated that the bike path is associated with the public use fee.
Ms. Frolking stated that the school was asking for waiver of the public use fee and the water tap fee. She stated that the school had paid the zoning fee. Councilmember Freytag asked Law Director Hurst if Council had the authority to waive the public use fee?
Law Director Hurst stated that Council had the authority to waive the public use fee but he wasn't sure of the water tap fee.
Councilmember Freytag stated that the pathway does not relate to water. Vice Mayor Marshall stated that the tap fee is the actual cost to the Village for each tap access to the system. He stated that in his opinion, that is not something that should be waived.
Mayor Eisenberg stated that the tap fees were imposed to decrease the burden on all the water users. He stated that if the water tap fee was to be waived, public hearings should be held on the matter. He stated that residents should be daellocrweeadseto speak for or against any possible waiver since water capacity fees the burden of all water users.
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Councilmember Freytag stated that if"Mr.X developer"came to Council and
said I have a deal. Council may not want to deal with the developer as much as
they would Welsh Hills School. He stated that Council is picking and choosing who
they want to deal with. He stated that he was not against waiving the fees for the
school. He stated that he would like to see a change in the ordinance allowing for
the waiving of fees. Without the ordinance, council could be accused of picking
favorites.
Vice Mayor Marshall stated that he was against waiving the water tap fee
because that is the actual cost to the Village.
Councilmember Freytag stated that if Council waives the fee for one. without
an ordinance change, the waiver would have to be made available for everyone.
Ms. Frolking stated that the school was not asking for a waiver, they asking for were a fair exchange.
Councilmember Freytag stated that the point he was trying to make was if
Council was going to allow waivers or exchanges, it should be written down as law.
He stated that he didn't mean to suggest that the school is in the same category as a developer.
Councilmember Shulman stated that he was not in favor of taking an exchange for the water tap fee.
Les Hicks stated that the school was trying to give the Village something
they needed. He stated that putting the dollar amount on the easement was an attempt to be creative.
Councilmember Garrett stated that the pathway in that area was prioritized
tahsaltow.She stated that Council is not prepared to pay that amount of money for piece of land.
Councilmember Bennett stated that the schools have always been a special part of Granville. He stated that the school is a private entity however, he felt that there was a special obligation to the schools in Granville.
Law Director Hurst stated that the schools were zoned institutional. He stated that if Council was concerned with the precedence to they were setting, if a developer wanted to rezone to institutional and develop under the strict rules of institutional, let them.
Councilmember Freytag stated that he had a problem with the public use fee. He stated that the authority to waive fees should be in the ordinance. He stated that he was not speaking against any waiver for the school. Mayor Eisenberg stated that he would rather waive the public use fee as public support rather than a trade. He stated that he felt that there should be a public hearing also.
After discussion, it was decided that the length of time required to give the School a decision concerning the waiving of the fees be extended. Law Director Hurst stated that Council did not have an agreement yet, but they were working towards an agreement.He stated that the agreement Council had submitted to Welsh Hills School stated that if written notice was not received
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by the schools they could consider the fees waived. He asked the school if they
were willing to extend the matter for 60 days?
Mrs. Frolking stated that if it was Council's wish the matter could be
extended.
Vice Mayor Marshall moved that Council approve the 60 day extension for
the time required to answer Welsh Hills School's request. Seconded by
Councilmeniber Bennett. Motion carried.
Law Director Hurst recommended that Manager Plunkett write a letter to the
school stating the new deadline for a decision.
Ordinance No. 34-94, "An Ordinance To Amend Section 1177.04(d)( 1) Of
The Codified Ordinance Of The Village Of Granville," was introduced, its title read,
and moved for adoption by Councilmember Garrett. Seconded by Councilmember
Marshall.
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Bennett Freytag yes, yes, Marshall yes, Eisenberg yes. Seven yes votes, Ordinance No. 34-94
was adopted.
Ordinance No. 36-94, " An Ordinance To Amend Section 1137.02 Of The
Codified Ordinances OfThe Village OfGranville.w"as reintroduced, title read and
moved for adoption by Councilmember Shulman. Seconded by Councilmember Freytag.
Roll call vote: Freytag yes, Shulman yes, Garrett yes,Montgomery yes, Marshall yes Bennett yes, Eisenberg yes. Seven yes votes, Ordinance No. 36-94
was adopted.
Ordinance No. 37-94, - An Ordinance To Amend Section 1147.01 Of The
Codified Ordinances OfThe Village OfGranvillew,"as reintroduced, title read, and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Freytag
Roll call vote: Freytag yes. Bennett yes.Montgomery yes, Shulman yes, Garrett yes. Marshall yes. Eisenberg yes. Seven yes votes, Ordinance No. 37-94 was adopted.
Ordinance No. 38-94, A"n Ordinance To Amend Chapter 1189 Of The Codified Ordinances OfGranville, Ohio Establishing Sign Code Regulations,." reintroduced, title read, and moved for adoption by Councilmember was Seconded by Councilmember Marshall. Freytag.
Doug Tailford stated that the ordinance makes some changes proposed by Law Director Hurst and cleans up some typing errors. He stated that the biggest 1 tchheanBgZeBiAs .that sign variances will be heard by the Planning Commission and not
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Councilmember Bennett stated that he had written an amendment to the
code regarding neon signs. He stated that he still wanted to see that put into
ordinance form.
Mr.Tailford stated that another amendment states that sandwich boards
will not be included in calculating total square footage areas.
Councilmember Freytag asked if the BZBA had jurisdiction on all variances
under the charter?
Law Director Hurst stated that Council could not change the Charter.
Mr.Freytag stated that the Charter stated that all variances go to the BZBA.
Law Director Hurst stated that the Charter does not give the BZBA exclusive
authority. He stated that the Planning Commission has all of the power by state
law.He stated that he did not read the Charter to say that the BZBA has exclusive authority.
Mr.Tailford stated that it is not cheap to go to the BZBA. He stated businesses would some be required to get a variance if they wanted to put up a two foot
sign. He stated that their cost would be way over $100.
Councilmember Bennett stated that the Council spends an incredible
amount of time on signs. He stated in his opinion, Council has bigger fish to fry.
He stated that Council should be spending time on real battles like merger, annexation, and zoning. He stated that the sign code is page after page long. He stated that people don't want that kind of regulation. He stated that in his opinion, the sign code was draconian and that perhaps the entire code needed to be overhauled.
Councilmember Montgomery stated that she had felt the same way at first. She stated that after she had spoken to some people, she found out that some things that initially seem unimportant are important to some citizens. Councilmember Bennett stated that he had wanted his concerns with the
neon signs to be put in ordinance form.
Councilmember Garrett asked if the ordinance in its present form should be adopted. She stated that it could be amended later.
After a discussion,Councilmember Bennett suggested that the ordinance be acted on as presented and amended for the next meeting.
Mayor Eisenberg stated that the Planner could delay enforcement on neon signs until the situation had been resolved.
Roll call vote: Shulman yes, Freytag yes,Garrett yes, Bennett yes,Marshall yes, Montgomery yes,Mayor Eisenberg yes. Seven yes votes. Ordinance No. 38-94 was adopted.
Ordinance No. 40-94,An Ordinance To Amend Section 921.07 OfThe Codified Ordinances OfGranville,Ohio, Establishing Sewer Regulations And Chargesw,"as reintroduced, title read and moved for adoption by Councilmember Marshall. Seconded by Councilmember Freytag.
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Roll call Vote: Garrett yes, Shulman yes. Montgomery yes, Bennett yes,
Freytag yes, Marshall yes, Eisenberg yes. Seven yes votes, Ordinance No. 40-94
was adopted.
Ordinance No. 42-94, A"n Ordinance Establishing A Law Enforcement Trust
Fund For Collection And Disbursement Of D.A.R.E. Monies," was reintroduced,
title read and moved for adoption by Councilmember Montgomery. Seconded by
Councilmember Bennett.
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Bennett yes,
Freytag yes, Marshall yes, Mayor Eisenberg yes. Seven yes votes. Ordinance No.
42-94 was duly adopted.
Joint Parks and Recreation Committee
Manager Plunkett stated that he had received a number of legal question
from the Joint Parks and Recreation Committee. He stated that when he attempted
to answer the questions, Councilmember Garrett took exception to this response. He stated that he was looking for some guidance from Council as to what the
original intent had been.Mr.Plunkett stated that the committee had asked a series of questions concerning becoming a taxing authority. He stated that his
response was that council wanted to create a joint study committee to see if the
VillageT/ownship functions could be combined. He stated that he assumed that
any land acquisition would be done as separate entities.
Councilmember Garrett stated that the whole idea of the exercise was because people had been asking questions like why doesn't the Village buy the polo field. She stated that there should be a body that is a park district which would have the power to put issues on the ballot and levy taxes to acquire land. Councilmember Garrett stated that the commission members are ready to
gaoutfhoorwriatyrd. and that the trustees understood that there would be a taxing
Councilmember Shulman stated that he thought Council had given them a more general charge.
Law Director Hurst stated that the committee first came up with a set of legal questions on which council had said to give them a response based on an advisory board.He stated that the questions were answered in that context. He stated that the committee came back with a second set of questions. He stated that he had not wanted to get involved in dealing with those kinds of questions. He stated that the difference between the two is opposite sides of the planet. He stated that that is why he did not want to get involved. He stated that if they were interested in comparing the two types, they need to get their input from the County's legal authority.He stated that he is willing to give them information of how they can become a joint board. He stated that he is not prepared to give them any other information.
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December 7, 1994
Page 17
Councilmember Garrett stated that the intent when she and Councilmember
Montgomery went to the Township Trustees was for creation of a joint park
district.
Manager Plunkett stated that he felt responsible for the misunderstanding;
the original intent was to have a joint board and not a taxing authority.
After a discussion. Council decided that they did not want to have a taxing
authority; they were more interested in having a joint board.
NEW BUSINESS
Pathwav Presentation
Because of the late hour, Council rescheduled the pathway presentation for
the next regular meeting on December 21. 1994.
Resolution No. 94-49, " A Resolution To Adopt The Pathway Plan As A
Planning Guide When Reviewing And Approving Development And/Or Capital Improvement Projects."
Because of time restraints, Council will introduce and take action on
Resolution No. 94-49 at the next regular scheduled meeting on December 21, 1994.
Ordinance No. 439- 4A,n'Ordinance To Establish The Granville Village
Manager's Salary For 1994." was introduced and its title read by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 43-94 for December 21, 1994, at 7:30 p.m.-
Ordinance No. 44-94, A"n Ordinance To Make Appropriations For Current Expenses And Other Expenditures OfThe Village Of Granville, State Of Ohio, During The Fiscal Year Ending December 31, 1995,w"as introduced and its title read by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 44-94 for December 21, 1994, at 7:30 p.m.
MEETING ANNOUNCEMENTS
Councilmember Montgomery stated that in her opinion, Council should set up a joint meeting with the Board ofEducation. She stated that there is a misunderstanding between the Council and the School Board concerning the proposed annexation. She stated that she would like to see an attempt to have some dialog because it appears that the School Board feels they have been left out. She stated that she did not feel comfortable with the opinions expressed. Mayor Eisenberg agreed that such a meeting should take place.
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December 7, 1994
Page 18
Because of the holiday season, Council decided to schedule the meeting
with the school board after the first of the year.
A special Council meeting was scheduled for Saturday morning, December
10, 1994, to discuss personnel issues.
EXECUTIVE SESSION
Councilmember Garrett moved to enter into executive session at 11: 10 p.m.
to discuss pending legal matters. Seconded by Councilmember Freytag. Motion
carried.
Councilmember Garrett moved to return to regular session. Seconded by
Councilmember Bennett. Motion carried.
ADJOURNMENT
Councilmember Garrett moved to adjourn the meeting at 11:30 p.m. Motion
seconded by Councilmember Freytag. Motion carried.

Council Minutes NOVEMBER 16, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
NOVEMBER 16, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:34 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Freytag
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Vice Mayor Marshall moved to excuse absentee Councilmember Bennett.
Seconded by Councilmember Garrett. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 33-94, " An Ordinance To Amend
Ordinance No. 43-93 Providing For Adjustments Of The Annual Budget For The Fiscal
Year 1994 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 33-94. The public
hearing closed at 7:35 p.m.
A public hearing was held on Ordinance No. 35-94, " An Ordinance To Repeal
Existing Chapters 1313 And 1315 Of The Codified Ordinances Of The Village Of Granville."
No one appeared to speak for or against Ordinance No. 35-94. The public hearing closed at 7:36 p.m.
A public hearing was held on the Proposed 1995 Municipal Budget.
No one appeared to speak for or against the 1995 proposed budget. The public hearing closed at 7:36 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the Special Council Meeting of November 1, 1994, presented for review. Councilmember were Garrett moved to approve the minutes as written. Seconded by Councilmember Montgomery. Motion carried.
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Council Meeting Minutes
November 16, 1994
Page 2
The minutes of the Regularly Scheduled Council meeting of November 2, 1994,
were presented for review. Councilmember Garrett moved to approve the minutes as
corrected. Seconded by Councilmember Shulman. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Joe Magdich, Seasongood &Mayer
Marge Hendey
Susan Karian
Mary Ann Malcuit
Jack King, Waste Management
Lauren Hoffman, Rumpke
Tim Engle, Johnson Transfer
Marilyn Casacele, Rumpke
Councilmember Garrett read a letter from Johnnie Valdes in support of a single
trash hauler for Granville residents. A copy of that letter is attached as part of these minutes.
Mary Ann Malcuit of 126 West Elm Street stated that she had served on the
committee to research a single trash hauler a few years ago and she would like to
serve as a resource person for people with questions. She stated that she has lots of
information she would like to share with anyone interested.
Mayor Eisenberg stated that he hoped that Ms. Malcuit would be at the next
Council meeting to speak to residents who may oppose a single trash hauler.
MAYOR'S REPORT
The Mayor's Report for the month of October was presented for review. Mayor Eisenberg directed these minutes. the clerk to file the report. A copy of that report is attached as part of
MANAGER'S REPORT
The Manager' Report for the month of October was presented for review. Councilmember Shulman questioned sewer revenues and expenses. He asked if the proposed 0$.50 sewer debt service increase would make up for the short comings? Manager Plunkett stated that the there is not a debt service charge in December w1,h0i0c0h will even out the cost. He stated the proposed debt service increase is 0$.50 per gallons.
Manager Plunkett stated that the water loss ratio is continually dropping. He stated that many repairs were made during the summer helping to lower the loss ratio. He stated that the Village is moving in the right direction to reduce water loss.
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November 16, 1994
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Manager Plunkett stated that expenses are down by7%this year. He stated that
meter consumption is down and revenues are up. He stated that the Village is in a
positive situation.
Mayor Eisenberg asked what the estimated balance was in the General Fund at
year end?
Manager Plunkett stated that the estimated balance is $600,000. He stated that
the Village had received a large influx of inheritance tax receipts in 1994. He stated that
the income tax receipts are ahead of last year and ahead of projections.
Vice Mayor Marshall moved to approve the report. Seconded by Councilmember
Freytag. Motion carried. A copy of that report is attached as part of these minutes.
COMMIITEE REPORTS
Councilmember Garrett reported on the Planning Commission meeting of
November 7, 1994. At that meeting, three sign applications were approved, one
architectural review application was approved, and the commission tabled a rezoning
application. The commission scheduled a special meeting with the property owners on
Cherry Valley Road south of SR 16 to consider rezoning the entire area. The
Commission recommended that the back portion of 118 South Main Street be
remodeled with wood siding. A decision was not rendered concerning neon signs.
Councilmember Shulman stated that he would like to see Sensibilities Inc.,get
an estimate for wood siding.
Mayor Eisenberg stated that Mr. Vance had not received estimates on the wood
siding because Council had instructed him to go with vinyl. Mayor Eisenberg directed
Manager Plunkett to ask Mr. Vance for estimates on wood siding.
Councilmember Freytag reported on the Old Colony Burial Ground Board
Meeting of November 15, 1994. He stated that one of the major items of discussion
was the new shed that had been constructed. He stated that the Newark Department Zoning disapproved the shed for occupancy reasons that are not clear. He stated that Mr. Plunkett is going to check into that situation.
Manager Plunkett stated that he thought the zoning board denied the permit over minor matters. He stated that the building was not built for human occupancy. He stated that he would contact the Newark Building Department in the morning to see if the problem could be worked out.
Mr. Freytag stated that another item of discussion had been looking into the endowment of a fund for long term maintenance of the cemetery. He stated that the board thought a fund should be acquired so that persons wanting to donate money would be able to. He stated that the board would welcome any assistance Council had. Councilmember Shulman stated that the Granville Foundation could help. He stated that they give to several charities.
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Councilmember Freytag stated that the board was looking for a means by which
the fund could exist in order for people with excess funds to contribute.
Mayor Eisenberg asked how Maple Grove Cemetery handled their fund?He
stated that perhaps Old Colony could duplicate Maple Grove's fund.
Mr. Freytag stated that the board may apply to the Granville Foundation to
receive a grant. He stated that the applications are reviewed on a yearly basis. The
cemetery's request is for landscaping of the cemetery. He stated that the board has an
existing plan which was designed by Kirsten Pape.
Mayor Eisenberg stated that Vice Mayor Marshall had informed him that he is no
longer able to fulfill is assignment on the Tree &Landscape Commission. He asked if
anyone was interested in serving on that Commission?
Councilmember Shulman stated that he would serve on the Tree &Landscape
Commission.
OLD BUSINESS
Ordinance No. 33-94, A"n Ordinance To Amend Ordinance No. 43-93 Providing
For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums
For Operating Expenses," was reintroduced, title read, and moved for adoption by
Councilmember Shulman. Seconded by Vice Mayor Marshall.
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Bennett absent,
Freytag yes, Marshall yes, Mayor Eisenberg yes. Six yes votes, one member absent.
Ordinance No. 33-94 was adopted.
Ordinance No. 35-94, A"n Ordinance To Repeal Existing Chapters 1313 And
1315 Of The Codified Ordinances Of The Village Of Granville," was reintroduced, title
read, and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Freytag.
Roll call vote: Freytag yes, Bennett absent, Montgomery yes, Shulman yes, Garrett yes, Marshall yes, Mayor Eisenberg yes. Six yes votes, one member absent. Ordinance No. 35-94 was adopted.
Proposed 1995 Municipal Budget
Assistant Village Manger Joe Hickman stated that he would like to go over some highlights of the proposed 1995 budget. He stated that in a nut shell, the budget was 3.5 million dollars, up 8.4%from 1994. He stated that an additional police sergeant had been added in the 4th quarter of 1995. He stated that the Police Chief had been asking for a second sergeant for approximately 7 years. Mr. Hickman stated that with the anticipated development in east Granville,the 4th quarter would be an appropriate time 1
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to take on the additional sergeant. He stated that if development in the east did not
come through, the second sergeant would not be hired.
Mr. Hickman stated that the street and storm sewer on North Prospect and
Summit Street is scheduled to be replaced in 1995. He stated that the road would be
widened slightly and new curb and gutter would be installed. The street will be concrete
and not asphalt. A new storm system in addition to the $50,000 of water capital
improvements for a new water line is anticipated.
Mr. Hickman stated that $115,700 is budgeted for the design of a storm sewer to
control run off from East Maple and Pearl Street. He stated that the entire area
currently drains into the property owned by Mr. Atteberry. He stated that the storm
sewer would channel the run off to Raccoon Creek cleaning up that area.
Mayor Eisenberg questioned the Police Account. He stated that if the only
change is the addition of a second sergeant in the 4th quarter, why is there such a
large increase in the police budget?
Mr. Hickman stated that there is an additional police vehicle at $14,000. He
stated that wages are up 13%and capital outlay is up 11%.
Manager Plunkett stated that there are not many long term employees in the
police department. He stated that wage scale increases more in the first few years of
employment.
Mr. Hickman stated that one of the challenges along with water loss in the
Utilities Department is the homes that sit back a long way from the road. He stated that
it takes quite a bit more time to go back and read the meters, and the lines are
susceptible to leaks. He stated that he would like to install meter pits and stream line to
try to tighten up the water system. He stated that $15,000 had been budgeted into the
Water Capital Improvement Fund to eliminate a 4 inch main on East Broadway. He
stated that that project would be tied into the sewer improvements so that East
Broadway would be torn up only one time.
Mr. Hickman stated that $ 25,000 had been budgeted for booster automation. He stated that the Utilities Department has a gentleman who will be retiring that he would like to soon. He stated see automation to keep personnel to a minimum. He stated that tighter monitoring of the system could be obtained with the automation. He stated that the utilities personnel would be able to call the system from the water plant to get the
necessary information. He stated that currently Granville has 7 lift stations and may have 8 or 9 in 1995. The Village currently has 3 water booster stations. He stated that currently, it takes two hours for the Saturday and Sunday worker to check all the lift and water booster stations. Mr.Hickman stated that with the automation, the operation whoouurlsd.be streamlined making the utilities department more aware using less man
Councilmember Freytag stated that the budget memo mentioned that Granville has more distribution than the City of Newark and Heath. He asked why?
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November 16, 1994
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Mr. Hickmah stated that it was because of the terrain. He stated that there were
higher elevations in Granville such as Denison.
Mr. Hickman stated that the estimated year end balance in the budget for 1994
is $600,000. He stated that the projected year end balance for 1995 is $230,000.
Councilmember Shulman asked if the balance at the end of 1993 had been
250,000?
Manager Plunkett answered yes. He stated that a few things had happened in
1994 such as high inheritance tax receipts. He stated that there were a few projects
that weren't able to be completed in 1994 further increasing the year end balance.
Manager Plunkett stated that the Village has grant applications out for New Burg
Street and is about to borrow money for sewer improvements.
Councilmember Montgomery asked if the budget included the request from the
Granville Business and Profession Association for street lighting?
Manager Plunkett stated that no the money was not included. He stated that the
money was not included last year either. He stated that that money is a matching fund
and the money would be appropriated when the GBPA receives their half of the funds.
Manager Plunkett stated that the street construction fund had doubled for 1995.
Manager Plunkett stated that a tremendous amount of streets have been paved
within the last few years.
Mr. Hickman stated that $ 25,000 is budgeted in the Road Reserve Fund for 1995.
Councilmember Shulman asked if SR 661 would be paved next year?
Manager Plunkett stated that ODOT assures Granville that it will be paved in the next two years.
Mr. Hickman stated that those items mentioned were the highlights of the 1995 budget. He asked if there were any questions.
Councilmember Freytag asked if the three reserve funds are being funded?
Manager Plunkett stated that the money for the park lands reserve fund comes
from the public use fees. He stated that the road reserve fund comes from A-1-68
account.
Councilmember been cut? Freytag asked why the appropriation to the sidewalk fund had
Manager Plunkett stated that the West Broadway Sidewalk project had been complete in 1994. He stated that Granville had a grant application for storm sewer and sidewalks at New Burg Street. He stated that the Newark Granville Road design plan is now underway and without the design complete, a specific amount is not known and acaltenr'tebde appropriated. He stated that the amount appropriated to sidewalks could be after the spring of 1995.
Councilmember Freytag stated that in his opinion, the $27,000 is not a sufficient amount. He stated that the community wants and expects sidewalks. He stated that sidewalks were a constant demand from the public.
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November 16, 1994
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Manager Plunkett stated that $ 7,000 of sidewalks had been replaced in 1994
under the Village's sidewalk replacement program. He stated that another $ 20,000 is
appropriated for sidewalks in 1995.
Councilmember Freytag stated that in his opinion, the amount appropriated for
1995 is inadequate. He stated that the appropriation would only pay for a fraction of
what is proposed for Newark Granville Road.
Mayor Eisenberg stated that he understood Mr. Freytag's concerns. He stated
that the budget had been allowanced out. He asked if one wanted to add to the
sidewalk fund, where would one get the money?
Councilmember Freytag stated that for instance, the hiring of a police second
sergeant. He stated that he did not think that an officer was needed for development
that didn't exist.
Manager Plunkett stated that the Village has had a lot of development in the last
few years. He stated that the Murphy's have planned 9 buildings and there is likely to
be further commercial development. Manager Plunkett stated that Indian Mound Mall
had a robbery last week. He stated that he recommended that Council seriously
consider the second sergeant. He stated that the additional development will help fund
the schools.
Councilmember Freytag stated that Bob Evans, SuperAmerica, and McDonalds
are the only developments know to Granville at this point. He stated that one does not
hire a sergeant for three new businesses. He stated that Granville is a walking
community and people want sidewalks.
Mr. Freytag stated that the pace to build sidewalks should be faster and to faster, move more money is needed. He stated that last year the fund had $ 85,000 appropriated.
Councilmember Montgomery asked if there was a possibility for grant money for the sidewalk projects?
Councilmember Freytag stated that 400 feet of sidewalk for the West Broadway project cost the Village 6$7,000. He stated that appropriating2 $7,000 was not going to build the village many sidewalks. He stated that at 2$7,000 a year, it will be quite awhile before Granville builds sidewalks to the Newark border line.
Manager Plunkett stated that he did not disagree. He stated that beyond Fern Hill, residents aren't demanding sidewalks. He stated that sidewalks for east Granville
are in the design stage now. He stated that the staff believes that Granville will end up building more pathways in 1996 because the pathway plan is in its final stages. He stated that the Planning Commission has approved the plan and the plan will be presented to Council on December 7.
Councilmember Freytag sated that if the money wasn't allocated, it may not be there to spend.
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Councilmember Garrett stated that the Street and Sidewalks Committee could
look into securing funds from other sources. She stated that until the plan is approved,
the committee is unable to search for the funds.
Mayor Eisenberg stated that he understands the concerns but doesn't know
where the additional funds could come from.
Jack King of Waste Management stated that the solid waste authority offers
grants for recycled concrete. He stated that solid waste authority has over 3 million
dollars to give through grants.
Mayor Eisenberg stated that the Village would look into it.
Manager Plunkett stated that if Council directed him, the budget ordinance would
be on the agenda December 7 to be introduced and scheduled for a public hearing on
December 21. He stated that the budget could be amended up until that time.
Mayor Eisenberg stated that the manager's performance evaluation needed to
be completed and the Manager's salary needed to be set for 1995. Mayor Eisenberg
stated that an executive session would be held at the end of the December 7 meeting
to decide those issues.
NEW BUSINESS
Resolution No. 944- 8, A" Resolution To Award The Bids For The Purchase of
Water And Sewage Treatment Chemicals," was introduced, read in full, and moved for
adoption by Vice Mayor Marshall. Seconded by Councilmember Garrett. Motion carried.
Resolution No. 94-48 was adopted.
Ordinance No. 34-94, A "n Ordinance To Amend Section 1177.04(d)1()Of The
Codified Ordinance Of The Village Of Granville," was introduced, and its title read by
Councilmember Garrett.
Mayor Eisenberg set the public hearing on Ordinance No. 34-94 for December 7,
1994, at 7:30 p.m.
Ordinance No. 36-94, " An Ordinance To Amend Section 1137.02 Of The
Codified Ordinances Of The Village Of Granville," was introduced, and its title read by Councilmember Shulman.
Mayor Eisenberg set the public hearing on Ordinance No. 36-94 for December 7, 1994, at 7:30 p.m.
Ordinance No. 37-94, A"n Ordinance To Amend Section 1147.01 Of The
Codified Ordinances Of The Village Of Granville,w"as introduced and its title read by Councilmember Montgomery.
Mayor Eisenberg set the public hearing on Ordinance No. 379-4 for December 7, 1994, at 7:30 p.m.
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Ordinance No.389- 4, A"n Ordinance To Amend Chapter 1189 Of The Codified
Ordinances Of Granville, Ohio Establishing Sign Code Regulations," was introduced,
and its title read by Councilmember Freytag.
Mayor Eisenberg set the public hearing on Ordinance No. 38-94 for December 7,
1994, at 7:30 p.m.
Ordinance No. 39-94, A"n Ordinance Providing For The Issuance Of 1$, 100,000
Of Notes By The Village Of Granville, Ohio, In Anticipation Of Issuance Of Bonds For
The Purpose Of Paying Part Of The Cost Of Constructing Improvements To The
Municipal Sanitary Sewer System, And Declaring An Emergency," was introduced title
read and moved for adoption by Vice Mayor Marshall.
Vice Mayor Marshall then moved for to adopt Section 12, the emergency clause
and read that section in its entirety. Seconded by Councilmember Freytag.
Roll call vote: Freytag yes, Bennett absent, Montgomery yes, Shulman yes,
Garrett yes, Marshall yes, Mayor Eisenberg yes. Six yes votes, the emergency clause
was adopted.
Vice Mayor Marshall moved to adopt Ordinance No. 39-94. Seconded by
Councilmember Garrett
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Bennett absent,
Freytag yes, Marshall yes, Mayor Eisenberg yes. Six yes votes, one member absent.
Ordinance No. 39-94 was adopted.
Ordinance No. 40-94, A"n Ordinance To Amend Section 921. 07 Of The Codified
Ordinances Of Granville, Ohio, Establishing Sewer Regulations And Charges,w"as introduced and its title read by Councilmember Shulman.
Mayor Eisenberg set the public hearing on Ordinance No. 40-94 for December 7, 1994, at 7:30 p.m.
Refuse Haulers
Manager Plunkett stated that bids for a single trash hauler had been received from Rumpke, Johnson Transfer, and Waste Management. He stated that a clarification from Rumpke had been made on their container. He stated that the Rumpke's original bid proposed a 90 gallon waste wheeler. Rumpke submitted a clarification with a 60 gallon waste wheeler. He stated that the original bids were 1$2.90 per month from Waste Management,1 $2.03 per month from Johnson Transfer, and 1$3.23 from Rumpke.
Manager Plunkett stated that Rumpke had submitted a clarification for a 60 gallon waste wheeler changed their bid to $11.25 per month.
Vice Mayor Marshall asked if the clarification was acceptable? 1
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November 16, 1994
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Mayor Eisenberg stated that it bothered him that Rumpke revised their bid
according to their bottom line number. He stated that the clarification came in after the
bids were opened allowing Rumpke to see the other bids received.
Law Director Hurst stated that it is always appropriate to compare apples to
apples when reviewing bids. He stated that rebidding the entire process was an option
if Council felt that the bids were not clear.
Lauren Hoffman of Rumpke Waste stated that the bids did not specify the size of
the container.
Manager Plunkett stated that he had received a call from a few of the bidders
who asked what size waste wheelers they should use to bid. He stated that he had told
them the size of the container was the bidders option.
Councilmember Montgomery asked what size was used in the Waste
Management bid?
Jack King of Waste Management stated that he quoted a price for a 96 gallon
waste wheeler.
Tim Engle of Johnson Transfer stated that the yard waste bids are subject to
change because of the EPA requirements. He stated that the Solid Waste District voted
on that a week ago.
Councilmember Shulman asked if the Village was required to pick the lowest
bidder?
Law Director Hurst stated that the lowest and best bidder should be determined.
He stated that "best"is the judgment of the Council. He stated that the low bidder is not
always the best bidder.
Councilmember Shulman stated that he did not know how accu rate the list was
providing the number of customers the refuse haulers currently had in Granville. He
stated that according to the list,70%of Granville residents use Waste Management. He
stated that he assumes that the residents are happy with their hauler or they would
have changed. He stated that if the bid was awarded to Waste Management, less
disruption would occur since a majority of the residents already use Waste Management.
Lauren Hoffman of Rumpke Waste stated that when Council considers the basis
of the specifications and nothing else, Rumpke is the low bidder. Ms. Hoffman stated that the bids did not state what size container to use. She stated that the bids could have been more clear.
Manager Plunkett stated that he had thought that all bids received gallon container. He apologized were for a 60 to Rumpke stating that he had thought that Waste Management and Johnson had submitted a bid for a 60 gallon container.
Mayor Eisenberg stated that Council needed to move along. He stated that he agreed with Councilmember Shulman. He stated that a large majority of the residents currently use Waste Management. He sated that he would be in favor of awarding the franchise to Waste Management. He stated that he personally did not know much
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November 16, 1994
Page 11
about the quality of service from Johnson and Rumpke. He stated that from what he
had seen of the equipment from Johnson he was not impressed. He stated that in his
opinion, Johnson did not come off very well. He stated that in his opinion, the franchise
should be awarded to Waste Management.
Marilyn Casacele of Rumpke Waste stated that Rumpke is growing into the area.
She stated that they are privately owned and have the largest landfill in Ohio. She
stated that Rumpke is the new guy on the block but is a viable company.
Mayor Eisenberg thanked Rumpke for their comments.
Councilmember Freytag stated that he would like to see all the bids rejected
because of the confusion. Mr. Freytag stated that he did not see a rush on the project.
He stated that perhaps better bids would be received and maybe Big "0"would also
submit a bid.
Manager Plunkett stated that he had not talked to Big "0"to see why they had
not bid. He stated that the annual clean up fix up week probably scared them away.
Mayor Eisenberg stated that the Village had gone through the entire exercise to
develop the information. He stated that if all bids were thrown out, there was a chance
the Village could end up with higher bids.
Councilmember Garrett, Vice Mayor Marshall, and Councilmember Montgomery
agreed that Waste Management should be awarded the bid.
Mayor Eisenberg stated that there was not a consensus of Council however,
there was a one to five vote for Waste Management. He stated that Waste
Management would be named in the franchise ordinance which would be voted on at
the December 7th meeting.
Ordinance No. 41-94, A"n Ordinance Granting An Exclusive Franchise To Waste
Management To Operate And Provide Curb Side Refuse Collection In Granville And
Setting Forth The Terms And Conditions Accompanying The Grant Of The Franchise
And Providing For Regulation Of Refuse Hauling,w"as introduced and its title read by Councilmember Garrett.
Mayor Eisenberg set the public hearing on Ordinance No. 41-94 for December 7, 1994, at 7:30 p.m.
Ordinance No. 429- 4, A«n Ordinance Establishing A Law Enforcement Trust Fund For Collection And Disbursement Of D.A.R.E.Monies,w"as introduced and its title read by Councilmember Montgomery.
Mayor Eisenberg set the public hearing on Ordinance No. 42-94 for December 7, 1994; at 7:30 p.m.
Vice Mayor Marshall asked if a decision was needed on the request form Ohio State Cellular?
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Manager Plunkett stated that the lease agreement with Denison is very specific
and he did not think it allowed for such. He stated that he had spoken to Ronni Hintz
concerning the matter. Denison's law director is now looking into the situation.
Vice Mayor Marshall stated that the Village couldn't give one company exclusive
use.
After a discussion, Council decided that Ohio State Cellular should not be
allowed to place antennas on the water storage tanks.
MEETING ANNOUNCEMENTS
The next Village Council meeting will be December 7, 1994.
Councilmember Montgomery stated that she would not be present for the
December 21 Council meeting.
ADJOURNMENT
Vice Mayor Marshall moved to adjourn the meeting at 9:54 p.m. Seconded by
Councilmember Freytag. Motion carried.

Council Minutes NOVEMBER 2, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
NOVEMBER 2, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:40 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Freytag
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Vice Mayor Marshall moved to excuse absentee Councilmember Bennett.
Seconded by Councilmember Freytag. Motion carried.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of October 19, 1994, were
presented for review. Councilmember Garrett moved to approve the minutes as
corrected. Seconded by Vice Mayor Marshall. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Sally MacPhail, Sentinel
No questions, comments, or concerns were voiced at this time.
OLD BUSINESS
Councilmember Garrett questioned whether the Village should be responsible
for paying for the insulation to the "shed portion"at 118 South Main Street. She stated
that Mr. Vance had said that it was necessary under the building code, however the
original brick is now exposed in the building which does not require insulation. Mrs.
Garrett stated that she had wondered why the brick is satisfactory to the building code
in some areas and not in others.
Law Director Hurst stated that he would check into the matter.
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Councilmember Shulman stated that Sensibilities Inc.,should be commended on
the work they've done to the building. He stated that the Village did not pay for the
majority of the improvements and now have a nice building.
NEW BUSINESS
1995 Municipal Budget Acknowledgment
The proposed 1995 Municipal Budget was received by the Council.
Ordinance No. 33-94, "An Ordinance To Amend Ordinance No. 43-93 Providing
For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums
For Operating Expenses,"was introduced and its title read by Councilmember
Shulman.
Mayor Eisenberg set the pubic hearing on Ordinance No. 33-94 for November
16, 1994, at 7:30 p.m.
Ordinance No. 34-94, "An Ordinance To Amend Section 1177.04(d)( 1) Of The
Codified Ordinance Of The Village Of Granville And To Repeal Existing Section
1177.041()*O(f Said Codified Ordinances."
Ordinance No. 34-94 was not introduced because of several errors within. The
amended ordinance will appear on the agenda November 16, 1994 and will be
introduced at that time.
Ordinance No. 35-94, "An Ordinance To Repeal Existing Chapters 1313 And
1315 Of The Codified Ordinances Of The Village Of Granville,"was introduced and its title read by Councilmember Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 35-94 for November 16, 1994.
Ordinance No. 36-94, "An Ordinance To Amend Section 1137.02 Of The
Codified Ordinances Of The Village Of Granville And To Repeal Existing Section 1137.02."
Ordinance No. 36-94 was not introduced because of several errors within. The
corrected ordinance will appear on the November 16, 1994 agenda and will be introduced at that time.
Manager Plunkett stated that single trash hauler bids had been received on November 1, 1994. He stated that the bids can be acted upon on November 16. He stated that perhaps the Health and Safety Committee should meet to discuss the bids. Mayor Eisenberg stated that from looking at the bid tab, if the Village decided to accept the bid of Waste Management, his bill would be reduced by 20%He.stated that 1
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he is not suggesting that Waste Management be selected, however it is a substantial
reduction.
Jack King of Waste Management stated that he would be glad to answer any
questions that Council had.
Councilmember Garrett asked if the yard waste specifications were for weekly
pickup or only for the annual spring pick-up?
Manager Plunkett stated that yard waste was included in the specifications.
Manager Plunkett stated that Rumpke's bid was a little different than the other
bids. However, it all boiled down to the same thing.
Mr. King stated that Rumpke's bid for trash may be lower than Waste
Management's bid however the containers are a little different in size.
Councilmember Shulman asked if Council need to make a decision concerning
Doug Tailford's sign ordinance memo on banners and temporary signs?
Councilmember Garrett stated that she had talked to Doug Tailford about the
banner at the 118 South Main Street. She stated that Mr. Tailford seemed to think that
it is permitted. She stated that the banner had not gone through the Planning
Commission. Mrs. Garrett stated that the way the sign code is written now, banner
signs can be installed for up to a year. She stated that an exemption on banner signs
was not included in the code. She stated that Mr. Tailford had suggested that a
sentence be added to the code making it clearer. She stated that the sign committee
had wanted to allow banner signs for the school's special events.
Councilmember Shulman stated that perhaps a recommendation from the
Planning Commission should be made, then put into ordinance form.
Councilmember Freytag suggested that neon signs be put into their own category.
Vice Mayor Marshall stated that temporary signs are a joke. He stated that
people put up a temporary sign, take it down in a few months, only to replace it with
something similar.
Councilmember Freytag questioned why temporary signs were permitted for year. He stated that a year a seems like a long time.
Councilmember Garrett stated that the Village has ordinances to regulate signs but other than asking people to take down signs that are in violation, there is no punishment for violators. She stated that the real estate signs are always installed in the right of way. She stated that when they are asked to remove the signs they comply, however they continue to install signs in the right of way. Mayor Eisenberg stated that those issues were not worth fussing over unless someone like Carolyn Huey came in to complain about then.
Councilmember Garrett stated that she gets calls all the time from residents complaining that signs are cluttering up the streets. She asked w" hy have the ordinances if they are not going to be enforced?"
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Mayor Eisenberg stated that the Village would need police to enforce all the
rules:He stated that the village would need pooper scooper police, sign code police
etc.
Vice Mayor Marshall stated that the reason to have the ordinances is because if
a real bad situation comes about, it can be lawfully taken care of.
Manager Plunkett stated that this was a difficult issue. He stated that
enforcement is great if the Village is aware of the violation. He stated that by
convention, most people probably turn their heads to violations on the weekends. He
stated that by Monday morning, most violations are gone.
Councilmember Shulman stated that Council had a specific case on which to
decide. He stated that Mr. Tailford had had a citizen come to him a year ago, and now
he is on the ·spot and needs some direction from Council as to what he should do.
Councilmember Montgomery stated that Mr. Tailford told her that the sign in
question had been changed three times during the year.
Councilmember Freytag suggested reconstituting the sign code committee to
discuss the issue.
Councilmember Montgomery stated that in her opinion, banner signs should not
be installed for a year. She stated that she would be more inclined to go with two to
three weeks.
Mayor Eisenberg stated that the matter would be referred to the Planning
Commission for their opinion.
MEETING ANNOUNCEMENTS
The next Planning Commission will be November 7, 1994.
The next Village Council meeting will be November 16, 1994.
ADJOURNMENT
Vice Mayor Marshall moved Councilmember to adjourn the meeting at 8:13 p.m. Seconded by Garrett. Motion carried.

Council Minutes NOVEMBER 1, 1994

VILLAGE OF GRANVILLE
SPECIAL MEETING OF COUNCIL
NOVEMBER 1, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 8:01 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Freytag
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Councilmember Garrett moved to excuse absentee Councilmember Bennett and
Vice Mayor Marshall. Seconded by Councilmember Freytag. Motion carried.
NEW BUSINESS
Manager Plunkett stated that recently, 281 acres of property on River Road in
Granville Township had been the subject of a petition filed by the property owner to
annex the land to Newark City. The County Commissioners initially rejected the petition
because apparently, they believed the petition to be flawed. As a result of that, some discussion had taken place concerning the Village of Granville annexing that 281
acres. Manager Plunkett stated that if Council wished to take action and annex the
property, the emergency ordinance on the agenda needed to be adopted tonight and
the necessary paper work be taken to the County Commissioners so the petition could appear on the May 1995 ballot.
Councilmember Garrett questioned whether the petition could be filed without consent of the property owners?
Law Director Hurst stated that there are essentially three methods change of governing the which governmental agency oversees property. He stated that the first method is petition by landowners, subject to its own set of procedures.
Mr. Hurst stated that a second method, where a municipality states that they need to have the property within their jurisdiction, is available. He stated that this method more or less sidesteps the process of the County Commissioners and the issue is placed on the ballot in the township, then requiring a majority vote of the entire unincorporated area.
Mr. Hurst stated that the third method is by merger of the unincorporated areas. Mr. Hurst stated that each of those three methods has its own procedures, and each is 1
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full of pitfalls. He stated that to directly answer Councilmember Garrett's question, no,
the petition does not require the landowner's consent.
Law Director Hurst stated that basically, annexation petitions stand on equal
footing in the courts. He stated that if more than one annexation petition is filed for the
same area, the two petitions are not compared. The petitions either pass or fail on their
own merit. He stated that the rule is first in time, first in right. If someone else files an
annexation petition, that petition must wait until the first one is resolved. Mr. Hurst
stated that a petition for merger is not the same as an annexation petition. He stated
that once a merger petition is filed, then no annexation petitions can be filed until the
merger issue is resolved.
Councilmember Montgomery asked if any signatures were needed in order for
the Village to file an annexation petition?
Law Director Hurst stated that the Ordinance No. 32-94 requires five Council
members to vote in favor in order to adopt it as an emergency. He stated that the
ordinance directs the Law Director to pursue the petition on behalf of the municipality.
He stated that the only signature needed then is that of the Law Director. He stated that
the ordinance could have very well named someone else to pursue the petition. He
stated that whoever the designee on the ordinance happened to be, is the only
signature needed to file the annexation petition.
Mayor Eisenberg asked if the Village could merge with the township if an annexation petition was filed?
Law Director Hurst answered yes. He stated that in his opinion, the pursuit of the
merger petition at this point in time is critical.
Councilmember Shulman asked if the merger could be done without the annexation?
Law Director Hurst stated that yes it could, however it shouldn't be handled that way.
Councilmember Montgomery asked Manager Plunkett to specify the eight
parcels included in the Village's petition, and give the rationale for including them.
Manager Plunkett stated that the properties included were the Keny, Freeman, Butt, VanAtta, Harris, and Showman properties.
Mayor Eisenberg stated that Granville does not truly have that much desire to
annex the property into the Village. He stated that developers of proposing the 281 acres are to take that large tract to the City of Newark, develop 600 homes, and leave the area in Granville School District. He stated that the school board perceived that as a disaster-to them. He stated that the development could overwhelm the school district. Councilmember Montgomery asked if Newark's School District could petition to take the subdivision to their district?
Councilmember Garrett stated that Westwood is located in Newark City but Granville School District.
studenLatsw?Director Hurst asked if it was realistic for the school to be taking on more
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Councilmember Garrett stated that developers use Granville School District as a
selling point.
Councilmember Shulman stated that he would support the merger effort. He
stated that he is not interested in the annexation but would vote in favor if the Village
was going to proceed with the merger effort.
Law Director Hurst stated that a great deal of effort and work went into the
construction to choose the commission. He stated that there is very little if anything that
the Village Council of Granville, Ohio can do as a Council. He stated that there is
simply nothing for the Council to do. He stated that the Councilmembers could use their
influence and contacts to get signatures for the merger study petition. He stated that
there is nothing for a legislative body to do.
Mr. Hurst stated that after election day on November 8, (1994),the number of
signatures required for the petition could go up. He stated that it would depend on the
number of voters in the November 8 election.
Mayor Eisenberg stated that he wished that the Council wasn't involved with the
issue but like it or not, they are.
Councilmember Garrett stated that the Council was protecting the school system
by being involved.
Councilmember Montgomery stated that she felt that Council was also protecting
the community. She stated that one section of land going to Newark is the beginning of
more land going to Newark.
Councilmember Montgomery asked if the annexation petition is filed and
accepted tomorrow, would it be on the ballot in May of 1995?She also asked if the
merger Commission vote would appear on the ballot in November of 1995?
Law Director Hurst answered yes, however if a merger petition is filled, the vote in May for the annexation would not occur.
Councilmember Montgomery asked how the Village planned to inform the
property owners about the annexation.
Manager Plunkett stated that we would write a letter to the property explaining the situation. owners
Mayor Eisenberg stated that the reasons for the annexation and the Village's concerns should also be included in the letter to the property owners. Mayor Eisenberg asked if the Township Trustees supported the effort?
Manager Plunkett stated that he had spoken to Eric Jones last night, who stated that the Trustees would neither oppose or support the merger. Jones stated that they would support the annexation.
Councilmember Montgomery asked if there had been a positive response from the school board?
Mayor Eisenberg stated that he had spoken to Jim King on Sunday who had been in favor of both the merger and the annexation petition.
Ordinance No. 329- 4, A"n Ordinance Authorizing The Annexation Of Contiguous Territory, Directing The Director Of Law To Submit A Petition Relative Thereto And
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Declaring An Emergency," was introduced, title read, and moved for adoption by
Councilmember Shulman. Seconded by Councilmember Garrett.
Councilmember Shulman then moved for passage of Section 111, the emergency
clause and read that section in its entirely. Seconded by Councilmember Freytag. Roll
call vote: Garrett yes, Shulman yes, Montgomery yes, Freytag yes, Mayor Eisenberg
yes. Five yes vote, the emergency clause was adopted.
Roll call vote to adopt Ordinance No. 32-94: Garrett yes, Shulman yes,
Montgomery yes, Freytag yes, Mayor Eisenberg yes. Five yes vote. Ordinance No. 32-
94 was adopted.
ADJOURNMENT
Councilmember Garrett moved to adjourn the meeting at 9:03 p. m. Seconded by
Councilmember Shulman. Motion carried.

Council Minutes OCTOBER 19, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
OCTOBER 19, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:32 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Assistant Village Manager Joe Hickman sit in for Manager Plunkett.
PUBLIC HEARING
A public hearing was held on Ordinance No. 30-94, "An Ordinance To Amend
Ordinance No. 43-93 Providing For Adjustments Of The Annual Year Budget For The Fiscal 1994 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 30-94. The public hearing closed at 7:35 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of October 5, 1994, were presented for review. Councilmember Freytag moved to approve the minutes as corrected. Seconded by Vice Mayor Marshall. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of September was presented for review. Mayor Eisenberg 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 September was presented for review.
Vice Mayor Marshall moved to approve the report. Seconded by Councilmember
Bennett. Motion carried. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Ed Vance Carolyn Huey Larry Huey
Carolyn Huey stated that she was very concerned with the neon sign at Brew' Cafe which had been installed s in late September of last year. She stated that she had
asked Doug Tailford if the sign was appropriate and legal. She stated that Mr. Tailford's first reaction was that the sign was not legal. Mr. Tailford later stated that the sign was legal and only temporary. Mrs. Huey stated that when Mr. Tailford was questioned as to how long temporary is he had stated that he did not know, he guessed one year. Mrs.
Huey stated that Mr. Tailford is very busy and is not interested in the neon sign. She stated that one year has expired and in her opinion, the sign is illegal. She stated that she would very much like to see the sign leave.
Mayor Eisenberg directed Assistant Manager Joe Hickman to direct Mr. Tailford to look into the situation.
Ed Vance of Sensibilities Inc.,stated that he had been told by Village Manager Doug Plunkett that Council would have the dollar amounts for the repairs at 118 South Main Street. He stated that he did not see it on the agenda and asked if this was an appropriate time to discuss the situation?
Mayor Eisenberg stated that the issue would be discussed under old business.
COMMITTEE REPORTS
Vice Mayor Marshall reported on the Utilities Committee meeting of October 18. He stated that Joe Hickman and Manager Plunkett had attended the meeting to discuss Mr. Plunkett's recent memo regarding sewers. He stated that the committee agreed with the substance of the memo and had agreed to recommend that Council proceed to get a bond issue in place to fund the sewers. Mr. Marshall stated that the costs in the memo are a "best estimate"which may later have to be altered. Mr. Marshall stated that Mr. Hickman and Manager Plunkett are scheduled to meet with Village Engineer Jerry Turner on Thursday to further discuss the costs. He stated that he thought the costs were pretty close to the actual cost and the committee's recommendation had been to ogothearheitaedmswith the project. He stated that some of the work is EPA mandated and the are needed.
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Mayor Eisenberg asked what the estimated increase to the sewer debt service
charge for rate payers would be?
Joe Hickman stated that the additional cost would be approximately 0$.50 per
thousand gallons.
Vice Mayor Marshall stated that the cost would "wash out"as more customers tie
into the system.
Councilmember Freytag asked if the tap (capacity)fees were included in the
costs and how many likely customers would the sewers service?
Mr. Hickman stated that tap fees were not included. He stated that as far as
customers tying in, he didn't have an exact figure.
Vice Mayor Marshall estimated that 50 to 60 additional customers would be tying
into the sewer system. He stated that the sewers need to be done and the committee
suggests that an ordinance be prepared to go for the bond money.
Councilmember Shulman stated that it was his understanding that another
Utilities Committee meeting would be held to discuss the outcome of the meeting with the Village Engineer.
Mayor Eisenberg stated that it was the consensus of Council to proceed with the
necessary steps to begin the project if the costs do not change substantially.
Councilmember Garrett stated that the Planning Commission meeting did not meet on Monday because there was no business. She stated that the Joint Parks
District Committee had met, however she did not have a report on the meeting. She stated that she understood that Steve Brown had been appointed as the seventh member of the committee.
Law Director Hurst stated that he had been given a list of questions for legal research for the committee. He stated that he is the counsel to the Village but, unless he had missed something, advising the Parks District is way outside the scope of Council business.
Councilmember Garrett stated that committee had raised the question f"rom whom do they receive legal advice.S"he stated that Manager Plunkett had told the committee that Mr. Hurst would be available for legal advice however, the committee wMor.uHlduhrsatv.e to direct their questions to Mr. Plunkett and he would relay the concerns to
Law Director Hurst stated that the questions submitted to him by the committee needed to be researched. He stated that it was not something that would take a few minutes to answer. He stated that someone needed to determine who is going to pay for the committee's legal advice.
Councilmember Freytag ask what the nature of the questions had been? Law Director Hurst submitted the questions to Councilmember Freytag. He stated that if Council directs him to respond to the questions he would be so. Mayor Eisenberg stated that he would have Manager Plunkett contact the trustees about perhaps splitting the cost of the legal services. He stated that if the work
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is such that Law Director Hurst and the County Prosecutor can't handle the project, the
Village and Township both should provide money for a law director for the committee.
Councilmember Freytag stated that firstly, Council needed to determine how
difficult of a project it was going to be. He stated that he believed that the statute may
answer many of the questions.
Councilmember Montgomery asked if the Joint Parks District would replace the
Recreation Commission?She stated that she thought the Recreation Commission
would become an arm of the Parks District. She stated she would like to nurture the
feeling that no one is trying to eliminate the Recreation Commission.
Councilmember Freytag stated that it was his understanding that the Recreation
Commission would be renamed in order to obtain legal status. He stated that wanted to eliminate the Recreation Commission. no one
Mayor Eisenberg stated that he and Manager Plunkett are on a task force to make recommendations to the school board as of what to do with the old middle school.
He stated that use alternatives include selling the building or demolishing the building.
Mayor Eisenberg stated that he had volunteered to ask Council how they feel about
commercial in that area. He stated that several things have been proposed for the area. He stated that someone is interested in using the building for a senior citizens home.
He stated that he was trying to get a sense of Council as to what type of business, if
any, Council would prefer in that area.
Vice Mayor Marshall stated that it depends entirely on the kind of business. He stated that he would think one would want to strictly rezone the property. He stated that it would have to be a business that did not have much traffic.
Councilmember Garrett stated that the area was a residential district. She stated that she had understood that the neighbors wouldn't object to a senior citizens home but, they may object to commercial.
Mayor Eisenberg stated that it is very difficult to come up with a good use for the building. He asked if Council could think of a potential use for the building ?
Councilmember Montgomery asked if the school kept the building for a central administrative office, would that require rezoning?
Mayor Eisenberg stated that he did not think so. He stated that the committee has broken up into several task forces. He stated that his particular group is looking into the sale or demolition of the building.
Mayor Eisenberg stated that the cost to remove all asbestos from the building is approximately1 $00,000. He stated that if you bulldoze the building, the demolition would cost about 1$00,000 plus 5$0,000 for the asbestos removal plus an additional amount to fill in the hole after the demolition. He stated that the school district could probably squeeze 6 lots on that land. He stated that he would relay to the committee that their would be no guarantee that a rezoning would be approved. purpoLsaews?Director Hurst asked how much it would cost to reuse the building for other
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Mayor Eisenberg stated that another task force is looking into that possibility
which will all be spelled out in the final report. Mayor Eisenberg stated that it was
interesting to know that Council's reaction to multi- family is generally favorable.
Councilmember Freytag stated that his initial reaction to multi-family is not
favorable. He stated that he wouldn't say absolutely no to multi-family, however his
initial reaction is no.
OLD BUSINESS
Ordinance No. 30-94, " An Ordinance To Amend Ordinance No. 43-93 Providing
For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums
For Operating Expenses," was introduced, title read, and moved for adoption by
Councilmember Freytag. Seconded by Vice Mayor Marshall.
Roll call vote: Freytag yes, Bennett yes, Montgomery yes. Shulman yes, Garrett
yes, Marshall yes, Mayor Eisenberg yes. Seven yes votes, Ordinance No. 30-94 was adopted.
118 South Main Street
Ed Vance, President of Sensibilities Inc.,was present to discuss payment of
repair bills for 118 South Main Street. He stated that he had not seen the memo Doug Plunkett had presented to Council regarding the issue. Mr. Vance had prepared a list of
the current bills which had been paid and the bills which still required payment. Mr.
Vance stated that he was unsure how his list compared to Mr. Mr. Plunkett's list a( copy of Vance's list is attached as part of these minutes).
Mr. Vance stated that the $5,000 which Council authorized in August for the
repair of the back section of the building had been over spent and the work is still not completed. He stated that the list he presented shows the bills to date. He stated that in addition to the list, he has an invoice for the installations and drywall which have not been compete. He stated that the siding and the gutter work will have to be done also to finish up the job. Mr. Vance stated that he had tried to show additional costs encountered separately as "extra work.T"hese extra work costs had not been included in any of the estimates that Council had received but still needed repair. Mr. Vance stated that, for example, the flashing was an extra item which needed to be completed. Mr. Vance stated that the counter flashing seemed to correct the leaking problem. He stated that it had rained several times since the repair and there wasn't any water in the building. He stated that the Hanna's bill for 3$65 was for the repair of the pavement in front of the doors which over the years had deteriorated. The bill from Jone's Painting was for the painting that was required after the other job was complete. Mr.Vance stated that the list is a breakdown of the repair bills. He stated that firstly, Sensibilities Inc.,started paying the bills directly to the contractor then asked for reimbursement from the Village. He stated that Mr. Plunkett was unhappy with that method and requested the Sensibilities Inc.,submit the bills directly to the Village for
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payment. Mr. Vance stated that Manager Plunkett's list of bills may include some other
items in addition to his list, for example, a bill from Richardson Glass and a plumbing
bill.
Mayor Eisenberg stated that without going into the line for line items, according
to the total which is $5,684, Sensibilities Inc.,exceeded the $5,000 by a couple
hundred dollars.
Mr. Vance stated that compared to the actual tasks Sensibilities Inc.,had spent
5,083.42. The other column on his list is for the extra work which was not envisioned
in the $ 5,000 which Council authorized.
Mayor Eisenberg stated that Council had had this discussion before and had
said that $5,000 is all that the Village was going to pay for the project. He stated that
his recollection was that the $5,000 would be enough to make the building sound and
safe. He stated that whatever else Sensibilities Inc.,chose to do with the building, the
Village would not provide any additional money.
Mr. Vance stated that it was his recollection that if Sensibilities Inc.,were unable
to accomplish the project for $5,000, they could come back to Council and request additional funds.
Mayor Eisenberg stated that if a safety issue came up, Council would have to
restructure the amount. He stated that none of the additional repairs are for safety reasons.
Mr. Vance stated he had tried to discuss the other items such as the flashing
with Council in August when the $ 5,000 was authorized. He stated that he permitted to discuss those items. wasn't He stated that the authorized5 $,000 was not based
on any estimate. He stated that if Council remembered, they had received an estimate for over 5$,000 for the work. He stated that there had also been an estimate for 1$, 200. He stated that he was not sure how Council came up with the 5$,000 but unfortunately, that wasn't enough to complete the project. He stated that he is not in a position to commit Sensibilities Inc.t,o paying for what they feel is the Village's responsibility. He stated that the contractor needs to paid for the work that has been done to date. He stated that he started paying the contractors and asking the Village for reimbursement but Mr. Plunkett stated that Sensibilities Inc.,couldn't do it that way. He stated that from that point on, Sensibilities Inc.,sent the bills directly to the Village for payment. He stated that in any case, the contractors need to be paid.
Mayor Eisenberg stated that he saw no reason why the contractors couldn't be paid up to the 5$,000. He stated that Council doesn't need to discuss who paid what bill tahnadnwthheen .$He stated that the only issue before Council is "should the Village pay more 5,000?"
Councilmember Shulman stated that he wouldn't be opposed to saying that the Village's estimate had been a few hundred dollars off. He stated that the people who performed the work were not the contractors who prepared the estimates. He stated that in his opinion, the Village could pay the extra $ 89.00. 1
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Councilmember Garrett stated that the impression she had had been that
Council authorized only $ 5,000 and Sensibilities Inc.,were to have the work done for
that amount of money.
Mr. Vance stated that the cost on his list doesn't include a $875 bill received for
drywalling and installation. He stated that he had asked the contractors to keep that
separate. He stated that there will be an additional bill for the siding and gutter work.
Mr. Vance estimated that bill to be under $ 2,000. He stated that he had not included
any of the costs for the rear door or the electrical work Sensibilities Inc.,had paid for.
Councilmember Montgomery asked if the $5,000 Council authorized included
the siding of the rear section.
Mr. Vance stated that Council had received an estimate for $5,400; an estimate
for $1, 200; and, one for $3,000. He stated that Council just came up with $ 3,000 for the
back section repair plus an allowance for drywall and installation.
Mayor Eisenberg stated that Council had told Sensibilities Inc.,that if the Village
was going to do the work, they would complete it for $5,000.
Mr. Vance stated that Sensibilities Inc.,had taken the budgeted amount and
tried to fit that budget. He stated that unfortunately, the work couldn't be done for that amount.
Mayor Eisenberg stated that the way Sensibilities Inc.,wanted to perform the work it couldn't be done for $5,000.
Mr. Vance stated that that was not true. He stated that he had told Council that
one could not get past Newark's building code without installing the door in He stated the back. that he had told Council that there was no way to get all the work done for 5,000. He stated that Sensibilities Inc.,is asking that Council provide the additional amount of money that had to be spent in order to complete the repairs. He stated that Sensibilities Inc.,had also requested that the Village pay for the other things that had to be done. He stated that Sensibilities Inc.,had not received prices on siding because they had overspent the budget and needed to know what Council wanted to do concerning the issue.
Councilmember Shulman asked if Sensibilities Inc.,was asking for 5$,684. 12 plus the cost of the drywall and siding?
Mr. Vance stated that the additional items are things that needed to be done. He stated that Sensibilities Inc.,is coming in after the fact but, the work that had been done was something that needed to be done. He stated that he didn't think Sensibilities Inc., did any work fancy or out of the ordinary. He stated that they were able to put a new roof on the back section with a steeper pitch so that a more expensing roofing didn't have to be installed. He stated that the roof should last longer and it looks fine. Councilmember Freytag asked what the language of lease said? Mr. Vance stated that exterior walls is mentioned in the lease and anything outside is the Village's responsibility. He stated that some of the brick on the building had fallen out and the problem was taken care of. He stated that a sewer line had required replacement and all the water lines broke which required replacement. He
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Village of Granville
Council Meeting Minutes
October 19, 1994
Page 8
stated that those items were discussed during the lease negotiations. He stated that
Sensibilities Inc.,had performed some of the work themselves which should have been
the village's responsibility.
Councilmember Bennett stated that he had not been a part of the initial
discussion of the lease. He stated that he appreciated what Mr. Vance was doing with
the building however, if Council allocated $ 5,000 for the repairs they should stick with
that. He stated that he didn't feel that the Village should subside Sensibilities Inc.
Mr. Vance stated that the Village is not subsidize Sensibilities Inc.,He stated
that the Village should take care of the cost as specified in the lease agreement.
Councilmember Freytag stated that from a layman's standpoint, everything Mr. Vance' on s list relates to the part of the lease which says the Village is responsible for.
He stated that he did not know how the $5,000 was decided, but unless Sensibilities
Inc.,had mismanaged their money, under the language of the lease, that money is owed to Sensibilities Inc.
Councilmember Shulman stated that if the back doors would have been
repaired, some of the expense may have been eliminated.
Councilmember Garrett stated that she had not been present at the meeting
when the $ 5,000 was allocated to Sensibilities Inc. She stated that she was not second
guessing anyone but the Village had estimates that allowed the Village to do the work
for under $ 5,000. She stated that in lieu of that, Mr. Vance preferred to do the work with his contractor.
Mr. Vance stated that Sensibilities Inc.,did not do what they wanted to the back section of the building. He stated that Sensibilities Inc.,did put in a door but, the door
was required by the building code. He stated that Sensibilities Inc. was told what to do by Council and they followed the orders.
Vice Mayor Marshall stated that there had been a terrible range in the estimates obtained by the Village. He stated that any contractor that had been hired would have found the additional problems encountered by Sensibilities Inc.,contractor.
Councilmember Shulman stated that he disagreed with Mr. Vance's statement that Council had told Sensibilities Inc.,how to perform the work. He stated that the back existing doors could have been replaced.
Councilmember Bennett stated that if the legal document indicates that the repairs on Mr. Vance's list are to be covered by the Village then, the Village has no choice but to pay the additional costs.
Mr. Vance stated that Sensibilities Inc.,would not be asking for the additional monies if they felt that they were responsible for the bills.
Councilmember Bennett stated that the legal document is what one must go by. He stated that any conversations outside of the legal document didn't matter. He stated that the legal document is "set in stone".
Councilmember Montgomery asked what the second bill from Hannah's Builders was for.
e
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Village of Granville
Council Meeting Minutes
October 19, 1994
Page 9
Mr. Vance stated that there is not a bill for it, but high up on the east wall which
probably was used over the years as a place to hang the fire hoses had been replaced
with a piece of peg board. The peg board had rotten and fell down onto the ceiling,
ruining the ceiling. He stated that that should be replaced. He stated that he had had
Hannah's prepare an estimate for that. He stated that he had gotten permission to
replace the peg board from Mr. Plunkett. He stated that the plumbing bill had been
authorize by Mr. Plunkett for repair of the frozen water pipes.
Councilmember Garrett stated that the plumbing bill and the Richardson Glass
bill were not a part of the $ 5,000 and should not be discussed together.
Councilmember Bennett stated that in his opinion, no matter what had been said
in the meeting, the contract states what the Village must do.
Mayor Eisenberg stated that the question in front of Council is how much will be spent money on the repairs. He stated that Council had previously said if they were to perform the work, they would spend up to $5,000.
Councilmember Bennett stated that no matter what was said outside of the legal document, it doesn't make a difference.
Councilmember Shulman stated that the existing structure was not an outside
wall. He stated that Sensibilities Inc.,chose to have the wall installed. He stated that if
the Village was doing the work, they would have chosen the cheapest way. Mr. Vance stated that Council had made a decision and agreed with Sensibilities
Inc.t,hat the back walls were irreparable. He stated that the exterior walls and the roofing remain the Village's responsibility. He stated that the Village did authorize
5,000 for the repairs but, he had told them there were more items that would have to be included. He stated that on behalf of Sensibilities Inc.,he was requesting Council's consideration under the terms of the lease, to pay the bills and to consider the additional money to finish the outside. He stated that he assures that the drywall will get done as inexpensively as possible.
Councilmember Montgomery asked if the siding was included in the authorized 5,000?
Mayor Eisenberg stated that Council had stated that they could have the work completed for that amount. Mayor Eisenberg stated that Sensibilities Inc.,had gone over the authorized5 $,000 by approximately2 $,500 to 3$,000.
Councilmember Garrett stated that some things needed to be cleared up. She csltaarteifidcathtiaotns.he did not feel comfortable making a decision until there had been more
Councilmember Bennett stated that he believed a legal opinion was necessary to find out if the Village legally had to pay the bills.
Councilmember Freytag stated that in his opinion, unless someone could show that the items on Mr.Vance's list don't relate to what the Village is subject to pay according to the lease, the next question would be "is the cost reasonableH?e" stated that no one is suggesting that the costs are excessive. He stated that the final question
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Village of Granville
Council Meeting Minutes
October 19, 1994
Page 10
would be "was the cost necessaryH?e" stated that from a layman's standpoint, he did
not see anything that had been done over and above the necessities.
Councilmember Garrett stated that she had understood that it would have been
a bargain deal for the Village. She stated that the village was supposed to pay for what
was necessary to fix the initial problem and Sensibilities Inc.,would pay for the
additional items above and beyond the cost the village appropriated.
Councilmember Freytag stated that the Village had received the best estimate it
could and it did not include all the items that were necessary to complete the project.
He stated that now the hard figures are present. He stated that in his opinion, the
prices seem to be reasonable and necessary, and the additional amount of money is
owed to Sensibilities Inc. He stated that perhaps that was not a popular decision with
the public but had to be done according to the lease.
Councilmember Garrett asked Law Director Hurst what his opinion of the matter had been?
Mr. Hurst stated that Councilmember Freytag's analysis was dead on the
numbers. He stated that there was no question as to the Village's responsibility to pay for the items. He stated that there has been some confusion in a certain part of the
lease. He stated that there is a question of what is remodeling and what are improvements. He stated that if Sensibilities Inc.,wanted to install a patio and the
Village said no we won't participate in that improvement but you can do it with your money, the improvement wouldn't get figured into the lease to be amortized and
wouldn't be paid back if anything should happen. He stated that once the Village
became a landlord, they had an obligation to make the building fit. He stated that to haggle over the Village paying $ 2,000 is ridiculous. He stated that in his opinion, the it was the Village's responsibility to pay the additional bills.
After a discussion, Mayor Eisenberg directed Mr. Vance to get a price on the siding of the building. He stated that Sensibilities Inc.,should inform the Planing Commission that they want to install vinyl siding.
NEW BUSINESS
Ordinance No. 31-94, A"n Ordinance To Approve And Adopt Current Replacement Pages To The Codified Ordinances And Declaring An Emergency,w"as introduced and title read and moved for adoption by Councilmember Bennett. Second by Councilmember Freytag.
Councilmember Bennett then moved to adopt Section 111, the emergency clause, and read that section in its entirety. Seconded by Councilmember Garrett. Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Bennett yes, Freytag yes, Marshall yes, Mayor Eisenberg yes. Seven yes votes, the emergency clause was adopted. Roll call vote to adopted Ordinance No. 31-94: Freytag yes, Bennett yes, Montgomery yes, Shulman yes, Garrett yes,Marshall yes, Mayor Eisenberg yes. Seven yes votes, Ordinance No. 31-94 was adopted.
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Village of Granville
Council Meeting Minutes
October 19, 1994
Page 11
Councilmember Bennett asked if Council needed to respond to the letter from
Wallace F. Ackley Company concerning the Wildwood Playground?
Mayor Eisenberg stated that this is not the first time the issue had come up. He
stated that the main complaint was that people from Wildwood Park were using the
Granville Apartments recreation facilities. Mayor Eisenberg stated that he had not seen
any signs in the complex that stated that the facilities were for the Apartments only.
Councilmember Montgomery asked if she owned a pool and tennis courts and
people were coming over and using her facilities, would the Village build her a fence to
keep people out?
Mayor Eisenberg stated that it was up to the offended party to take care of the
problem.
Councilmember Garrett stated that there are no signs posted at the Granville
Apartments stating that the facilities are private property.
Councilmember Freytag stated that in his opinion, the apartments should first
install a few signs letting people know that the facilities were not open to the public.
Councilmember Bennett stated that in his opinion, the people going to Wildwood
Park are not the same people who are playing basketball at the apartments. He stated
that people going to play ball or swim are headed to the apartments for that Councilmember reason. Montgomery asked if their was any existing fencing?
Councilmember Bennett stated that he didn't think that Wildwood Park was the
problem.
Mayor Eisenberg stated that he would direct Manager Plunkett to write a letter to the apartments requesting that they install a signs indicating that the facilities are private property.
Councilmember Freytag added that the signs needed to be installed according to the sign code.
ADJOURNMENT
Councilmember Freytag moved to adjourn the meeting at 9:53 p.m. Seconded by Councilmember Garrett. Motion carried.

Council Minutes OCTOBER 5, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
OCTOBER 5, 1994
CALL TO ORDER
Vice Mayor Marshall convened the meeting at 7:33 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
Vice Mayor Marshall
Law Director Hurst
Manager Plunkett
Councilmember Garrett moved to excuse Mayor Eisenberg. Seconded by
Councilmember Freytag. Motion carried.
PUBLIC HEARING
A public hearing was held on Ordinance No. 29-94, "An Ordinance To Amend
Ordinance No. 49-93 Providing For Adjustments For The Fiscal Year 1994 And
Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 29-94. The public hearing closed at 7:34 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of September 21, 1994, presented for review. Councilmember Freytag were moved to approve the minutes as corrected. Seconded by Councilmember Garrett. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Doug Tailford
Brian Lindamood
Evelyn Frolking
Mel Wineberg
Gary Stansbury
J. Leslie Hicks, Jr.
Mark Zarbaugh
Joe Hickman
Jim VanOstran
No questions, comments or concerns were voiced at this time.
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Village of Granville
Council Meeting Minutes
October 5, 1994
Page 2
COMMITTEE REPORTS
Councilmember Freytag reported on the Recreation Commission's meeting of
October 4, 1994. At that meeting, the commission had considerable discussion
concerning the Evans Foundation, which donated the land at Wildwood Park. Mr.
Freytag stated that the commission felt that the Evans Foundation should be
recognized for their donation by putting their name on the sign entering the park. The
commission also felt that Ed Roberts, who had had a substantial role in with the park's
development, should also be recognized. The commission had no conclusion on the
matter. However, one idea, naming the road into the park after Mr. Roberts was
suggested. A final decision had not been made.
Councilmember Garrett reported on the Planning Commission's meeting of
October 3, 1994. At that meeting, the commission approved four sign applications ( being one the sign at Wildwood),approved three architectural review applications, and
denied Mary Bline's application for the second time. The development plan for Welsh
Hills School was approved subject to engineering approval, and the final plat for Bryn Du Woods Phase IV was approved.
Mrs. Garrett stated that the sign at Wildwood Park had received considerable
discussion because the commission felt that the sign may be misleading in stating that
the land had been donated by the Evans Foundation. She stated that some of the land
the Village currently owns, and the rest the Evans Foundation land leases to the Village for a dollar a year.
OLD BUSINESS
Ordinance No. 29-94, "An Ordinance To Amend Ordinance No. 49-93 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For Operating Expenses,w"as reintroduced, title read, and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Freytag.
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Bennett yes, Freytag yes, Vice Mayor Marshall yes, Mayor Eisenberg absent. Six yes votes, one member absent, Ordinance No. 29-94 was duly adopted.
NEW BUSINESS
Welsh Hills School
Evelyn Frolking stated that Welsh Hills School representatives were present to request a zoning application to continue the construction of their new school house on Newark-Granville Road. She stated that the Village Engineer had given approval of
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Village of Granville
Council Meeting Minutes
October 5, 1994
Page 3
their plans with exception of the sewer issue. Ms. Frolking stated that the Welsh Hills
School had designed an on site septic system which had not met EPA approval. She
stated that she had been talking with the Village as to its sewer plan for the area. She
stated that the Welsh Hills School had received a gift of the entire construction work
and needed to move forward immediately. She stated that they hoped to receive
permission to continue with their construction.
Vice Mayor Marshall stated that currently the school couldn't move forward
because of the sewer issue.
John Bridge, President of Welsh Hills School, stated that the Welsh Hills School
engineers would be present at 8:00 p.m. tonight to discuss the issues and to answer
any questions. He stated that Welsh Hills School is prepared to move ahead with the
issue. He stated that he understood that the Council will be deciding the future of the
area and Welsh Hill School didn't want to move forward with their sewage if the Village
will be providing sewer for the area in six months or so.
Manager Plunkett stated that there are two outstanding issues concerning the
Welsh Hills School: zoning fees and the sewers. He stated that the zoning issue had
been complied with and the Planning Commission had reviewed and accepted the
Welsh Hills School's plans. Mr. Plunkett stated that the school was now requesting to
be relieved of the zoning fee and the public use fee. In regard to sewers, Mr. Plunkett
stated that Welsh Hills School's engineers had also examined the possibility of package treatment plant which a EPA had denied. They had also proposed as an
alternative, a septic system, which was also denied by EPA because of site soil
conditions. He stated that the only alternative is municipal sewer. He stated as the
Village system now stands, Granville is not equipped to accommodate the area. He
stated that if a lift station was constructed in the Wendys vicinity to handle the entire
area, the Welsh Hills School could be accommodated.
Mr. Plunkett stated that the Council should have received a memo tonight
summarizing currently what the Village has in regards to sewers and what needs to be
done. He stated that the approximate cost of the sewers would be 1. 1 million dollars.
He stated that the funds could be borrowed on a 20 year revenue bond at6%interest. He stated in his opinion, the next decade would bring growth pressure to Granville. Manager Plunkett noted that Erinwood and Bryn Du Woods Phase IV had already been approved and there are likely to be more businesses in that area. He stated that much of the area could be charged by special assessment. He stated that a 0$.50 per thousand gallon increase on the debt service charge for sewer could handle the costs. He stated that his recommendation had been to pursue the engineering and build the sewers. He stated that his recommendation was not just to accommodate Welsh Hills School, but that sewering the area is something that needs to be done. Councilmember Shulman stated that he disagreed with Manager Plunkett. He stated that the issue had not been before the Utilities Committee. He stated that perhaps other alternatives could be explored. 1
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Village of Granville
Council Meeting Minutes
October 5, 1994
Page 4
Manager Plunkett stated that the issue had come up a number of times. He
stated that the Welsh Hills School is in a position were they need an answer.
Vice Mayor Marshall stated that timing is the problem. He asked if it was known
how long it would take to complete the sewer project?
Manager Plunkett stated that if construction could start tomorrow, the project
wouldn't be complete for 9 months to a year. He stated that he and the staff needed
some direction from Council as to what should be done.
Vice Mayor Marshall stated that Council had been talking year after year after
year about the sewer issue. He stated that Council has known they will someday have
to build the sewer to service areas like Fern Hill. He stated that in his opinion, it's time
to get on with the project.
Councilmember Shulman stated that he had an opposite opinion. He stated that
the most current issue is that an institution needs the sewer. He stated that potential
customers including SuperAmerica could be a source of the funds.
Manager Plunkett stated that everyone including the Welsh Hills School would
have to pay for the sewers.
Councilmember Shulman stated instead of the Council making a quick action
decision, the issue should be researched with the people in the area who will benefit
from the sewers. He stated that there are many new players in the field. He stated that
he wanted to take care of the issue without fueling development in that area.
Manager Plunkett stated that previously, the staff had told SuperAmerica that
they must pay for the sewer getting across State Route 16. He stated that at one time
the Village had requested the Murphy's pay for the entire lift station. Manager Plunkett
stated that the cost of the project would instead now have to be born by the entire Councilmember Shulman area. stated that he didn't think the issue needed a quick
decision. He stated that he did not want to make a decision tonight. He stated that the
issue should go before the Utilities Committee and then before the whole Council.
Councilmember Bennett asked what the proposed opening date was for the school?
Evelyn Frolking answered that the Welsh Hills School had received a gift from the Longaberger Company for the construction. She stated that if all goes well, the e1s9t9im5.ated date of completion would be August of 1995, with opening date of September
Vice Mayor Marshall stated that without knowing the outcome of the sewer issue, the school couldn't move ahead.
Councilmember Garrett stated that she had not had the chance to carefully read the memo regarding the sewers because it had just been recieved tonight. She stated that perhaps at the next Council meeting an ordinance could be introduced to go forward with the sewers.
Village Planner Doug Tailford stated that if Council did not decide the sewer issue tonight, Welsh Hills School needed Council's permission to start construction
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Village of Granville
Council Meeting Minutes
October 5, 1994
Page 5
contingent on the sewer plans. He stated that they can not obtain a zoning permit
without Council's permission.
Manager Plunkett stated that Welsh Hills School were also asking Council to
consider waving fees.
John Bridge stated. that if the Council felt the sewer issue was a dead end, the
school would have other·options for the sewer.
Jim VanOstran of Jobes &Henderson stated that the first option was to install a
small pump station on site and run the sewer in to the Murphy's lift station. He stated
that that was an option that was acceptable to EPA. He stated that holding tanks have
also been discussed with EPA. He stated that as long as the school could show EPA
the Village would have the sewer soon, they would allow the holding tanks.
Manager Plunkett stated that he was unsure he or the Village staff would
endorse either of those possibilities. He stated that those were worst case scenarios.
Councilmember Freytag stated that when the issue had been discussed a year
ago, the Village Engineer didn't think it was viable to have a lift station at that location.
Manager Plunkett stated that the Village Engineer had changed the depth of the
pipe, therefore the lift station would be okay.
Councilmember Montgomery-asked if the "million dollar price tag"would serve
more than east Granville.
Manager Plunkett answered yes. He stated that there is $600,000 in work that
must be done. He stated that the sewer issue had been around a long time. He stated
that he is not suggesting Council make a decision tonight.
Councilmember Shulman stated that originally the Village Engineer's solution
was to take the sewer along the bike path. He stated that he had always been against
that solution. He stated that now there were fewer property owners and the Village fueling the was area for development.
Manager Plunkett stated that the sewers would bring development but, the fact is
that development is already here.
Vice Mayor Marshall stated that the immediate issue is "is it okay for Welsh Hills School to go ahead with construction without sewer approval?M"r. Marshall questioned if there would be a legal issue in doing that?
Law Director Hurst stated that he did not believe there would be a legal issue.
He suggested that an agreement be prepared and signed by both parties. He stated that he would be very concerned with the language and the understanding of the parties to the conditions and restrictions that are put upon the Village's willingness to allow construction. He stated that he would like to make sure there is no room for arguing later. He stated that all parties must know exactly what they were getting into. Law Director Hurst stated that he did not care who drafted the document, however, it should be subject to more than one legal review.
John Bridge stated that for the past two and a half years, the school had received numerous gifts in kind and materials for the project including the pledge from Longaberger for the construction of the project. He stated that the school is not a
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Village of Granville
Council Meeting Minutes
October 5, 1994
Page 6
revenue producing operation. He stated that tuition is $4,000 per student per year with
most of the children coming from middle class families in Licking County. He stated that
in order to increase revenue and begin to pay for any kind of construction necessary for
the facility, the school would have to take on more students. He stated that currently,
the school had two windows of time they must use to their advantage. He stated that
one is revenue and the other is the time frame with the Longaberger Company. He
stated that they had hoped to have the school under roof by the first snowfall so that
the interior work could begin in the winter. He stated that Welsh Hills School would wait
to see what the Village chooses to do however, he hoped Council could see the
urgency in the school's need to move ahead.
Law Director Hurst stated that his only concern was that the school and the
Village stand on equal ground and both must understand that the best wishes and
efforts of everyone concerned if the issue breaks bad and doesn't become doable in a
desired manner, or in a timely manner, may be for naught. He stated that the parties
must understand the pitfalls before they start the project. Mr. Hurst said that he was not
stating that the issue couldn't be taken care of, but that there is serious concern. He
stated that he didn't want to see the issue running downhill and out of control.
John Bridge stated that Rob Drake is the school's lawyer. He stated that the
school would do whatever makes Council feel confident in proceeding with the project.
Village Planner Doug Tailford stated that without the zoning permit, Welsh Hills
couldn't begin construction. He stated that they are stuck and are losing time right Councilmember now. Montgomery stated that in her opinion, Council should move ahead concerning the entire sewer issue. She stated that there were lots of options available.
Manager Plunkett stated that as soon as the Mayor appoints another member to the Utilities Committee, he will schedule a committee meeting to discuss the sewer. Mr. Bridge asked if construction could begin as soon as the legal document was prepared?
Law Director Hurst stated that he would draft a tentative understanding which
would be attached to the permit. He stated that the document would be circulated to Council and with their approval construction could begin.
Vice Mayor Marshall asked if the fee issue had to be resolved tonight?
Manager Plunkett stated that the public use fee was set up to provide funds for public parks. He stated that that money was deposited directly into the Parklands Reserve Fund. Manager Plunkett stated that the suggestion had been made that if wWoeulsldhbHeills School grants the Village an easement for the pathway, the pubic use fee waived.
instituCtioounnsc?ilmember Shulman asked if Council had waived fees to any other
fees. Manager Plunkett stated that Dension University used to pay only 50%of the
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Village of Granville
Council Meeting Minutes
October 5, 1994
Page 7
Vice Mayor Marshall stated that the relatively new zoning fee was designed to
cover the cost the Village's fees.
Councilmember Shulman asked if Denison had paid the full fee for the new
buildings or if the (Spring Hills)Baptist Church had had any fees waived.
Vice Mayor Marshall stated that the fee structure had changed last year.
Councilmember Montgomery asked if Manager Plunkett was suggesting
eliminating the $9,000 fee if the Welsh Hills School would build the pathway?
Manager Plunkett stated that he and the staff were "grasping at rationales"to
provide an equitable method for waving the fee but only if an equitable means of
providing in-kind benefit to the Village were found.
Councilmember Shulman asked if the current development plan included the
pathway?
Village Planner Doug Tailford stated that the Village is proposing the bike path
to the site. He stated that Welsh Hills School does not include the pathway in their
plan.
Evelyn Frolking of Welsh Hills School stated that the school was a non profit
organization. She stated that the school is not a commercial business out for profit. She
stated that the fees were structured based on commercial businesses.
Carlos Brezina, architect for Welsh Hills School, stated that the facility
represented the whole community. He stated that the school would be leaving much
open space with the soccer fields which is exactly what the public use fee is for. He
stated that having that is a real asset.
Manager Plunkett asked if the Recreation Commission would be able to use the
soccer fields?
Doug Tailford stated that the bike path is a way to provide access to that He stated that area. access through the Welsh Hills School area would be vital.
John Bridge stated that in reviewing the superficial cost of developing the bike
path, he believed it would be considerably higher than the $9,000 in fees the School is
required to pay. He stated that the school would rather consider that on its own. He
stated that they would be willing to give the Village use of the property in the future. He stated that the school is willing to pay the zoning fee to cover the cost of the process. He stated that he would like Council to consider that the school is a non-profit
organization with no revenue. He stated that the little money they do have goes for salaries and the upkeep of the facilities.
Vice Mayor Marshall stated that in his opinion, it made a great deal of difference whether or not the school's facilities will be available to the public.
Councilmember Shulman stated that if the land was available to the public Council would know the value of the land in public use. He stated that the public would benefit by either the pathway going through the land, or making the fields available to the Recreation Commission for use. He stated that he would be in favor of waiving the fees with that commitment from the school. 1
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Village of Granville
Council Meeting Minutes
October 5, 1994
Page 8
Councilmember Freytag asked if the new ordinance provided for the waiving of
fees?He stated that he wanted to see the school succeed however, it may be viewed
as receiving special favors. He stated that he was not saying he was opposed to
waiving the fees but, he stated that he thought it should be done fairly, across the
board.
Councilmember Montgomery asked if there were any other organizations that
had received fees waived?
Manager Plunkett sated that Denison University had, under the old ordinance,
received a break, but that discount had been eliminated under the new fee ordinance.
Carlos Brezina stated that if the zoning inspector could issue the zoning permit
contingent on the sewers and the fees, after the school board has been able to address
the other issues concerning the public using the land, the school can come back to
council. He stated that if the school is unable to begin construction soon they may lose
their construction help.
Vice Mayor Marshall declared that the Law Director would draft the agreement
and Welsh Hills School would receive it as soon as possible.
Law Director Hurst stated that he would have the agreement ready on Monday,
October 10, 1994.
Resolution No. 94-44, "A Resolution To Authorize The Village Manger To Submit
A Grant Application For 1995 Capital Improvement Projects To District 17, Ohio Public
Works Improvements Commission, For Funding On Granville's Behalf',was introduced,
read in full, and moved for adoption by Councilmember Garrett. Seconded by
Councilmember Bennett. Motion carried. Resolution No. 94-44 was adopted.
Resolution No. 94-45, "A Resolution To Authorize The Village Manager TO
Submit An Application For The NatureWorks Program To The Ohio Department Of
Natural Resources For Funding On Granville's Behalf," was introduced, read in full,
and moved for adoption by Councilmember Freytag. Seconded by Councilmember
Montgomery. Motion carried. Resolution No. 94-45 was adopted.
Resolution No. 94-46, "A Resolution To Authorize The Village Manger To Enter Into An Agreement With Curry Willis And Grove For Preparation Of Specifications Detail Plans And For Construction Of NewarkG- ranville Road Improvements,w"as introduced, read in full, and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Freytag. Motion carried. Resolution No. 944-6 was adopted.
Resolution No. 944-7, A" Resolution To Authorize The Village Manager To Advertise For Bids For The Purchase Of Water And Sewage Treatment Chemicals," was introduced, read in full, and moved for adoption by Councilmember Shulman. 1
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Village of Granville
Council Meeting Minutes
October 5, 1994
Page 9
Seconded by Councilmember Freytag. Motion carried. Resolution No. 94-47 was
adopted.
Ordinance No. 30-94, " An Ordinance To Amend Ordinance No. 43-93 Providing
For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums
For Operating Expenses," was introduced by Councilmember Freytag.
Vice Mayor Marshall set the public hearing on Ordinance No. 30-94 for October
19, 1994, at 7:30 p.m.
Councilmember Freytag stated that he had thought the BZBA wanted to attend
this meeting to discuss their rules of procedure.
Manager Plunkett stated that members of the board wanted to be at this meeting
however, he and Law Director Hurst had not written the proposed administrative rules
yet.
Councilmember Freytag stated that he was unaware that that was going to take
place.
Councilmember Montgomery stated that she remembered Mr. Hurst had wanted
to study the code and make recommendations.
Law Director Hurst stated that his point was that Council is the one with authority
to write rules of procedure, the BZBA can't do it themselves.
Councilmember Bennett stated that Council should at least hear what the BZBA
has to say.
Vice Mayor Marshall stated that he would like to hear their rationale for needing to write rules.
Councilmember Freytag stated that he would like to see an alternative version of
the rules from the law director and the manager first.
Law Director Hurst stated that Council would not get the draft by the next
Council session. He stated that probably in a month from now he would be able to have the draft ready.
Councilmember Freytag stated that he would rather wait to hear from the BZBA until the Law Director drafts the proposed rules.
Councilmember Shulman agreed.
Councilmember Shulman rescheduled? asked if the State Route 661 improvement had been
Manager Plunkett stated that he had spoken to Joe Charles of ODOT, who stated that the work would begin in February. He stated that he had later spoken with someone in the same office who stated that the project would not begin in February. Mr. Plunkett stated that he is unsure where ODOT stands on that issue.
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Council Meeting Minutes
October 5, 1994
Page 10
Councilmember Shulman stated that he had noticed a weigh reduction sign had
been placed at the Cherry Street bridge. He asked what that sign meant to a truck
driver?
Manager Plunkett stated that when he questioned ODOT they stated that the
wrong sign must have been installed.
Councilmember Shulman suggested perhaps three signs would be appropriate
saying stay on State Route 16 or 37.
Manager Plunkett stated that he and Service Director Mark Zarbaugh are
scheduled to meet with Tim Lollo concerning the bridge on Thursday.
Councilmember Montgomery questioned what would happen if a police officer
stopped a truck that was overweight?
Manager Plunkett stated that Granville Officers are not going to stop trucks for
weight. Manager Plunkett stated that he would talk to Tim Lollo and ODOT concerning
the signage.
ADJOURNMENT
Councilmember Garrett moved to adjourn the meeting at 9:15 p.m. Seconded by
Councilmember Freytag. Motion carried.

Council Minutes SEPTEMBER 21, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
SEPTEMBER 21, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:34 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Freytag
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Councilmember Garrett moved to excuse absentee Vice Mayor Marshall.
Seconded by Councilmember Freytag. Motion carried.
PUBLIC HEARING
A public hearing was held on Ordinance No. 27-94, "An Ordinance To Add
Section 925.07 (k)To The Codified Ordinances Of The Village Of Granville To
Establish Back Flow Prevention For Granville Residential Water Customers In
Accordance With OEPA Regulations And State Plumbing Codes."
No one appeared to speak for or against Ordinance No. 27-94. The public
hearing closed at 7:35 p.m.
A public hearing was held on Ordinance No. 28-94, "An Ordinance To Allow The
Placement Of A Wrought Iron Fence At The Premises Known As 221 East Broadway,
Within The Public Right-Of Way, As Recommended By The Granville Planning Commission."
No one appeared to speak for or against Ordinance No. 28-94. Mayor Eisenberg closed the public hearing at 7:35 p.m.
COUNCILMEMBER APPOINTMENT
Mayor Eisenberg stated that he would like to change the order appoint of business and a member to the vacant Council seat. He stated that all the candidates were present and asked if any of them would like to address Council.
Matt McGowan stated that he believed Council had received his letter of interest in the vacant council seat. He stated that he had ran for Council in the last election and still had an interest. He stated that he hoped Council would take into consideration that he was the fifth high vote getter in the last election receiving 400+votes. He stated that
Village of Granville
Council Meeting Minutes
September 21, 1994
Page 2
he had not lived in Granville his entire life, but he considered that to be one of his
assets. He stated that he had lived in areas similar to where Granville may be headed.
He stated that his outside interests allowed him to travel to other cities which would be
helpful in obtaining ideas for Granville.
Ben Barton stated that he had submitted a letter to Council expressing his desire
to serve on Council. He stated that he wanted to help the communiteyn,*tioue being an
enjoyable place. He stated that he had grown up in Granville and he looked forward to
helping out. He stated that he couldn't sit back and complain when things go wrong in
the Village without "taking his turn to bat."
Kevin Bennett stated that most of the Council knew him. He stated he has been
in Granville for the better part of 30 years. He stated that he has a feel for people who
live in Granville and he feels that living in Granville for a long time is an asset.
Councilmember Shulman stated that in his opinion, Matt McGowan should be
appointed to the vacant Council seat. He stated that Mr. McGowan M&81@daived a
number of votes at the last election and he is continuing to express an interest in
helping the community. Mr. Shulman stated that there are only 14 months to complete
the term and in his opinion, Matt McGowan should be the person given appointment.
Councilmember Garrett stated that she supported the appointment of Kevin
Bennett. She stated that Mr. Bennett has taken quite an interest in the affairs of the
community. She stated that she thought perhaps he would represent the Granville
business district because his father is a businessman in the downtownS.,he stated that
she felt that Mr. Bennett was a solid, sound candidate.
Councilmember Montgomery stated that she was concerned that Mr. McGowan
wouldn't have time to serve on Council with all his outside interests. She questioned
Mr. McGowan as to his feelings.
Mr. McGowan stated that he could appreciate her concerns, however time
management is an asset. He stated that in his opinion, one puts priorities first and one
chooses things they will do in that order. He stated that he personally doesn't think that
his outside interests would be a problem.
Councilmember Freytag stated that he found all three candidates to be well
qualified. He stated that in his opinion, Council would not be hurt by appointing any of
the candidates. He stated that he wished that all the candidates could be appointed
and that this was personally a difficult decision for him to make.
Mayor Eisenberg stated that a ballot vote would be taken to select the member.
He stated that if there wasn't a majority, the low vote getter would be dropped and a
second ballot vote would be taken to make the determination.
Ballot results: four votes for Kevin Bennett, one vote for Matt McGowan.
Councilmember Garrett then introduced, read in full, and moved for adoption
Resolution No. 94-43, "A Resolution To Fill A Council Vacancy."Seconded by
Councilmember Freytag. Motion carried. Resolution No. 94-43 was duly adopted.
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Council Meeting Minutes
September 21, 1994
Page 3
Mayor Eisenberg stated that he would like to thank the other two candidates for
their interest. He stated that he hoped that the disappointment of not being appointed
didn't discourage them from showing an interest in the community again.
Mayor Eisenberg administered the oath of office to Mr. Bennett; then Mr. Bennett
took his Council seat.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of August 17, 1994, were
presented for review. Councilmember Freytag moved to approve the minutes as
corrected. Seconded by Councilmember Garrett. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of August was presented for review. Mayor
Eisenberg directed the clerk to file the report. A copy of that report is attached as part
of these minutes.
MANAGER'S REPORT
The Manager's Report for the month of August was presented for review.
Councilmember Freytag moved to approve the report. Seconded by Councilmember
Montgomery. Motion carried. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Tim Klinger
Lisa Sandman
Sally MacPhail
Gary Stansbury
Kay &Ed Vance
Ben Barton Richard VanWinkle
Whitney B. Tusser Matt McGowan
Joe Hickman Todd Willis
Lori Green Jennifer Eerdmans
Jurgen Pape Rodger Asmus
Mary Bline
Eloise DeZwarte
Gil Krone
Dan Bellman
Roger Asmus of 210 Bryn Du Drive stated that St. Lukes Church, which was built
in the early 1800's, is now short of space. He stated that the church is experiencing
much growth and are looking for a way to alleviate the space shortage. He stated that
the church occupies the same lot as the old Village Hall and Opera House Park. He
stated that the church sees the way the old Village Hall is expanding and they are
looking to see what the options are to obtain more space. He stated that they do not
want to give up their church, they would just like to expand it. He stated that when the
Village of Granville
Council Meeting Minutes
September 21, 1994
Page 4 111, 1,':1, 11,
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church is ready to give proposals, they will approach the Planning Commission and
Council. He stated that he wanted to remind Council that the church is here.
Matt McGowan stated that he would like to congratulate Mr. Bennett in his
appointment. He stated that he has attended Council meetings before during
appointments to various boards and often heard members making referende to
candidates as "one of us"because they liv911Nhe Village along time. He stated that
he hoped the Council would realize that new residents would like to be involved too,
and the new residents should not be referred to as outsiders.
COMMITTEE REPORTS
Councilmember Shulman reported on the North Pearl Street Study Committee
meeting. Mr. Shulman stated that he had been unable to atten-d the meeting however,
the Service Director was present and went over some of the State regulations and
procedures to obtain signage.
Manager Plunkett stated that a traffic counter was installed on New Burg Street
in three locations to measure traffic at the intersection in terms of numbers and speed.
Dan Bellman stated that he lives in the area and asked if anything was known
concerning eliminating the hazardous material?
Mayor Eisenberg stated that the committee was looking into those issues.
Councilmember Garrett reported on the Planning Commission meeting of
September 19, 1994. At that meeting, a 40 foot banner for fire prevention week at the
fire department was approved. A lot split had been approved as well as 3 architectural
reviews. The board also discussed sandwich board signs and where they fall under the
new sign code. Mrs. Garrett stated that the Planning Commission requested Councils
direction on the sandwich board signs. Mrs. Garrett stated that under the new code,
most of the downtown businesses would have to obtain a variance which would require
a fee to use their sandwich board signs. Mrs. Garrett stated that the Planning
Commission would like to rule on the contents of the sign, however, they did not know if
Council wanted the sandwich boards to count towards the total signage for the entire
building.
Mayor Eisenberg stated that in his opinion, a variance should not be needed for
this type of sign.
After a brief discussion, Law Director Hurst stated that he would like to review
the new sign code and discuss the situation with a representative of the Planning
Commission. He stated that perhaps a few other flaws have appeared since the
passage of the code that needed slight modification.
Councilmember Garrett stated that the Planning Commission was also
concerned because an area in the Village had filled in their tree lawn with bricks
Village of Granville
Council Meeting Minutes
September 21, 1994
Page 5
without obtaining permission from anyone. She stated that perhaps approval should be
obtained form someone in the administration.
Manager Plunkett stated that he assumed that the Planning Commission was
referring to the placement of bricks in the right-of-way at Dension's theater building. He
stated that he personally had no problem with Denison filling in that section of the rightof-
way.
Councilmember Garrett stated that the Planning Commission did not have a
problem with that filling, but they wouldn't like to see all tree lawns filled in.
Law Director Hurst stated that the Granville Codified Ordinances requires a
permit before the tree lawn is filled in.
OLD BUSINESS
Ordinance No. 27-94, "An Ordinance To Add Section 925.07 (k)To The Codified
Ordinances Of The Village Of Granville To Establish Back Flow Prevention For
Granville Residential Water Customers In Accordance With OEPA Regulations And
State Plumbing Codes,"was reintroduced, title read, and moved for adoption by
Councilmember Montgomery. Seconded by Councilmember Garrett.
Councilmember Freytag questioned if the ordinance was mandated or optional?
Joe Hickman presented to council a backflow preventor. He stated that the
ordinance was basically to protect the public water system. He stated that the backflow
preventor would be installed in each new home and in new water service replacements.
Mr. Hickman stated that the cost would be $77.
Roll call vote: Freytag yes, Montgomery yes, Shulman yes, Garrett yes Bennett
yes, Mayor Eisenberg yes, Marshall absent. Six yes votes, one member absent.
Ordinance No. 27-94 was adopted.
Ordinance No. 289- 4, A'n Ordinance To Allow The Placement Of A Wrought
Iron Fence At The Premises Known As 221 East Broadway, Within The Public Right-Of
Way, As Recommended By The Granville Planning Commission,"was reintroduced,
title read, and moved for adoption by Councilmember Shulman. Seconded by
Councilmember Freytag.
Roll call vote: Marshall absent, Garrett yes, Shulman yes, Montgomery yes,
Bennett abstain, Freytag yes, Eisenberg yes. Five yes votes, one member absent.
Ordinance No. 28-94 was adopted.
NEW BUSINESS
Marv Bline Appeal
Law Director Hurst stated that the Council would be proceeding with two
separate appeals. He stated that he wasn't sure if Mrs. Bline's intent had been to
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Village of Granville
Council Meeting Minutes
September 21, 1994
Page 6
combine the two appeals into one or not. He stated that the appeal will be heard under
Chapter 1137.01 of the Codified Ordinances. He stated that the appeal procedures
have been completed and the findings of facts have been forwarded to Council by the
Village Clerk. Mr. Hurst stated that Council could uphold, reverse, or amend the
decision of the boards. If Council determines that the facts are different, the appeal
may be returned to the board. He stated that as Law Director for the Village, he had
reviewed the documents and found the matter to be properly in order. ( Manager
Plunkett agreed.)
Richard VanWinkle, attorney for.MrsB..l,ine„s,tated that today, he received a
copy of a memo submitted to Council from Village Planner Doug Tailford. The memo
states that there had been a change in the facts of finding. Apparently, Mr. Tailford
miscalculated the coverage area. Because of the miscalculation, the entire coverage is
wrong. He stated that the number changes from 74%to 59.5%He.stated that his
concern was that perhaps the matter should be sent back to the Planning Commission
because they made their decision based on that criteria.
Mr. VanWinkle stated that it was the intent of Mrs. Bline to combine the two
appeals together. He stated that combining the two appeals makes practical sense. He
stated that based on the fact that the area was miscalculated, he believed the matter
should go back to the Planning Commission.
Law Director Hurst stated that the Granville Codified Ordinances states that the
appeal may be returne416 the appropriate body. Mr. Hurst stated that if the appeal was going to be returned to th6-Planning Commission, and the two appeals were going to be heard together, the BZBA appeal hearing should be tabled until the Planning
Commission had the opp6rtunity to hear such an appeal. He stated that Council is not obligated to return the matter to the Planning Commission. He stated that if Council
wished to return the matter to the Planning Commission, the issue should not be discussed at this time by Council.
Mr. VanWinkle stated that he thought Law Director Hurst and he were on the
same page. He stated that in reading the facts of findings, the miscalculation had been
an important part of the decision of the Planning Commission. He stated that he wanted to preserve his right to bring both appeals back together before the Council. He stated that he thought it was appropriate to send the matter back to the Planning Commission. Councilmember Garrett stated on behalf of the Planning Commission, that the board felt that the issue should have gone to the BZBA first.
Law Director Hurst stated that he did not want to discuss the issue unless the matter was going to be heard tonight. He stated that if Council is amenable with Mrs. mBlaintetetro. table the issue, Council should not get into public comment concerning the
Mayor Eisenberg asked if the Council was agreeable to tabling the matter until the outcome of the Planning Commission?
the CouCnocuiln.cilmember Freytag stated that there were two separate issues in front of
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Council Meeting Minutes
September 21, 1994
Page 7
Mayor Eisenberg stated that the second issue would go away if the first was
taken care of.
Mr. Freytag stated that one of the appeals was ready to be acted on so Council
could rule on that issue now.
Law Director Hurst stated that he wasn't saying Council could not hear the
matter, he was saying the right to table the issue was present.
Councilmember Freytag stated that two separate issue were before Council. He
stated that there is nothing in the BZBA's findings concerning lot coverage.
Board of Zoning and Building Appeallmember Gil Krone stated that he and Mr.
Bellman were present to answer questions concerning the appeal.
Councilmember Montgomery stated that it was her preference to send the
application back to the Planning Commission and table the BZBA appeal.
Mayor Eisenberd·t§aie' d that in his opinion, Council shouttl hear the appeals together.
Councilmember Bennett stated that he would personally like to see the issue
deferred because he was the 'new kid on the block"and needed time to review to
issue.
Councilmember Freytag stated that he would withdraw his objection.
Mayor Eisenberg stated that the Bline application would be sent back to the
Planning Commission and the BZBA appeal would be placed on hold until that decision has been rendered.
Law Director Hurst asked if that was acceptable to Mr. VanWinkle and his client.
Mr. VanWinkle stated that he was in agreement however he would like to receive something in writing.
Resolution No. 94-38, "A Resolution To Amend The Solid Waste Management Plan Of The Coshocton, Fairfield, Licking, Perry Solid Waste Committee,w"as introduced, read in full, and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Freytag.
Councilmember Garrett stated that the Village would be authorizing the Solid Waste Commission to spend money on petty projects that Council had no control over. Manager Plunkett stated that this was an annual housekeeping resolution that had been adopted every year.
Vote: all yeas, motion carried. Resolution No. 94-38 was duly adopted.
Resolution No. 943-9, A" Resolution To Fill A Vacancy On The Board Of Zoning And Building Appeals"W, as introduced, read in full, and moved for adoption by Councilmember Shulman. Seconded by Councilmember Garrett. Motion carried. Resolution No. 94-39 was adopted.
Resolution No. 944-0, A" Resolution Accepting The Amounts And Rates As Determined By The Budget Commission And Authorizing The Necessary Tax Levies
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Village of Granville
Council Meeting Minutes
September 21, 1994
Page 8
And Certifying Them To The County Auditor," was introduced, read in full, and moved
for adoption by Councilmember Garrett. Seconded by Councilmember Freytag.
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Bennett yes, Freytag
yes, Mayor Eisenberg yes. Resolution No. 94-40 was adopted.
Resolution No. 94-41, "A Resolution Of Appreciation To Chuck Meteer", was
read in full, and moved for adoption by Councilmember Freytag. Seconded by
Councilmember Shulman. Motion carried. Resolution No. 94-41 was adopted.
Resolution No. 94-42, "A Resolution Of Appreciation To Ed Vance,"was
introduced, read in full, and moved for adoption by Councilmember Shulman.
Seconded by Councilmember Montgomery. Motion carried. Resolution No. 94-42 was
adopted.
Ordinance No. 29-94, "An Ordinance To Amend Ordinance No. 49-93 Providing
For Adjustments For The Fiscal Year 1994 And Revising Sums For Operating
Expenses," was introduced and title read by Councilmember Montgomery.
Mayor Eisenberg set the public hearing for October 5, 1994, at 7:30 p.m.
Councilmember Shulman stated that he had attended the public meeting held by
USEPA concerning Granville Solvents. During that meeting, he had questioned if there
was a plan for removing the structure itself. USEPA had answered no. Mr. Shulman
stated that he would like the Village to take a stand and write a letter to the PRPs
requesting that they destroy the structure.
Manager Plunkett stated that if directed to do so he would write a letter to the
PRP's. Mr. Plunkett stated that the Village doesn't want to end up owning the building
by default before the site is cleaned.
Councilmember MOMgomery asked if the taxes on the Manager property were being paid? Plunkett stated that he had contacted the County to find out but had heard no response.
Councilmember Shulman stated that perhaps the entire Council should sign the letter as elected officials.
Councilmember Garrett stated that Lon Herman is listed as a Councilmember on the audit report that Council had been asked to sign. She stated that she did not want to sign the audit until that error was corrected.
Councilmember Freytag stated that Council had never been asked to sign off on the audit in the past.
Manger Plunkett stated that usually a post audit meeting is held to discuss the audit. He stated that because of the heavy work load of the State Auditor, they would rather not hold the meeting this year unless Council requests. 1
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Council Meeting Minutes
September 21, 1994
Page 9
Councilmember Freytag stated that he was reluctant to sign for fear of litigation
later. He stated that he did not want to sign unless there was a legal obligation to do
SO.
Mayor Eisenberg stated that the Village had received additional medical bills for
prisoner Baumgartner that were beyond the Licking Memorial Hospital bill that Council
had agreed to split with the County. He stated that the Commissioners are requesting
that the Village pay half of a $5,000 medical bill. Mayor Eisenberg stated that it was his
recollection that Council agreed to spliUb1e1fm-*m,Licking Memorial Hospital and not
other medical bills related to Baumgartner. He stated that it was his personal opinion
that Council should pay half of the $5,000 bill and put efforts into a long term
agreement. He stated that Manger Plunkett suggested that a Licking County Mayor's
meeting be held to come up with a daily rate jail fee that would include the cost of
medical bills.
Law Director Hurst stated that three proposals were currently being negotiated
with the new County Assistant Prosecutor. Mr. Hurst agreed that the County could have
two weeks to review the proposals. He stated that he would like to make sure the
Assistant County prosecutor had his agreed upon two weeks time before such a
meeting was scheduled with the area Mayors.
Manager Plunkett stated that the County Commissioners were aware that this
meeting may take place.
Law Director Hurst stated that he was suggesting that the meeting did not take
place until the Assistant County Prosecutor had ample time to get back to him.
Law Director Hurst stated that the other hospital bills submitted for prisoner
Baumgartner were not part of the resolved litigation. He stated that the County had
asked what his position had been on the matter. He had replied that the additional bills
were not a part of the lawsuit. He stated that the payment of the additional bills is Council's decision to make as to what they feel is right. He stated that he had made it clear to the County that he did not have a say in matter.
Councilmember Freytag stated that in his opinion, the Village should pay half of the bill.
Councilmember Montgomery asked if this would be the end of the bills?
Manager Plunkett stated that he would send a letter to the County stating that they would pay half of this bill but, would not be willing to pay any more.
Law Director Hurst stated that he wanted to share his perspective on the Board of Zoning and Building Appeals proposed rules. He stated that he had read the rules and looked at Mr. Freytag's suggested guidance. He stated that he would like to share a fundamental problem he has without commenting on the proposed rules themselves. Mr. Hurst stated that the BZBA does not have authority to promulgate those types of Cruhleasr.teHr.e stated that that power is reserved to Council under Chapter 1. 04 of the
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Village of Granville
Council Meeting Minutes
September 21, 1994
Page 10
Mr. Hurst stated that Chapter 2.08 of the Charter states that Council shall adopt
an administrative code. He stated that Council may delegate power to the manager to
make rules and regulations to govern the process. He stated that the Charter states
that it is Council who will adopt the administrative code. He stated that the Charter
directing the existence of the BZBA says the BZBA will conduct their affairs subject to
reasonable standards as shall be subscribed by ordinance. He stated that the BZBA
doesn't have the authority to write their own procedures, it is Council who sets their
rules. He stated that if their are no rules written, the Ohio General Law applies. He
stated that in his opinion, the BZBA doesn'th@ve tbe authority to write their rules and
procedures.
Councilmember Montgomery asked what Council needed to do.
Mayor Eisenberg stated that Council should provide the BZBA with guidelines.
Manager Plunkett suggested that a representative from Council be present at
the next BZBA meeting. Manager Plunkett also suggested that the BZBA receive a
memo expressing the will of Council that the rules they proposed are inappropriate and
shouldn't be acted on until further guidance from Council.
Councilmember Freytag stated that in regards to the guidelines he put together
for the BZBA, those guidelines were in response to the resignation of Chuck Meteer.
He stated that there seemed to be an absence of knowledge on the procedures
because the board was fairly new. He stated that he had told Mr. Plunkett that someone should draft guidelines for the board to follow. He stated that he had no idea that Mr. Krone had submitted a set of rules and they were in no way a competing version.
Councilmember Montgomery questioned if the Chairman of the BZBA had to the Manager come or the Law Director concerning the issue?
Law Director Hurst stated that he had caught wind of the issue and advised the
board that if they had suggestions for rules, they should send them to the Village
Manager. He stated that he had not heard anything further until this memo arrived.
Councilmember Montgomery asked what Council could do more than say don't adopt these rules?
After a discussion, Council suggested that Manager Plunkett write a memo to the Board of Zoning and Building Appeals stating they should not adopt any rules and perhaps call the Chairman or Mr. Krone.
Councilmember Freytag asked if there were any plans for the repairs of the Cherry Street bridge?
Manager Plunkett stated that the plans would be worked out with the County. Councilmember Shulman asked if signs should be installed near the bridge stating that the weight limit has been reduced?
Manager Plunkett stated that ODOT would be responsible for that.
Mayor Eisenberg stated that Limited Home Rule would appear on the ballot in November for Granville Township Residents to vote on. He stated that the Village has
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Village of Granville
Council Meeting Minutes
September 21, 1994
Page 11
been asked if they are willing to provide police service should the issue pass. He stated
that Manager Plunkett needed to know Council's stance on the issue.
Councilmember Shulman stated that he would not be in favor of providing the
township police services.
Councilmember Montgomery stated that she would have to examine all of the
issues. She stated that perhaps it is an appropriate time to discuss merger of the
Village and Township with the citizens.
Mayor Eisenberg stated that he is not in favor of providing police services to the
township. He stated that the Township would be benefiting from services paid for by the
Village.
ADJOURNMENT
Councilmember Garrett moved to adjourn the meeting at 9:45 p.m. Seconded by
Councilmember Freytag. Motion carried.

Council Minutes AUGUST 17, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
AUGUST 17, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:35 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Vice Mayor Marshall moved to excuse absentee Councilmember Freytag.
Seconded by Councilmember Shulman. Motion carried.
Councilmember Garrett arrived a few moments later.
PUBLIC HEARING
A public hearing was held on Ordinance No. 22-94, "An Ordinance To Amend
Chapter 909 Of The Codified Ordinances Of Granville, Ohio, Establishing Tree And
Landscape Regulations And To Repeal Existing Chapter 909 Of Said Codified Ordinances."
No one appeared to speak for or against Ordinance No. 22-94. The public hearing closed at 7:36 p.m.
A public hearing was held on Ordinance No. 23-94, UAn Ordinance Chapter 1193 To Adopt Of The Codified Ordinances Of Granville Establishing Tree And Landscape Requirements."
No one appeared to speak for or against Ordinance No. 239-4. The public hearing closed at 7:36 p.m.
A public hearing was held on Ordinance No. 249- 4, A"n Ordinance Of The Village Of Granville, Ohio Approving The Transfer Of Control Of Times Mirror Cable CTeolxevision Of Licking County, Inc.,F r(a'nchiseeF")r,om The Times Mirror Company To Cable Communications Inc."
No one appeared to speak for or against Ordinance No. 249-4. The public hearing closed at 7:37 p.m. 1
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August 17, 1994
Page 2
A public hearing was held on Ordinance No. 25-94, "An Ordinance To Amend
Ordinance No. 43-93 Providing For Adjustments Of The Annual Budget For The Fiscal
Year 1994 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 25-94. The public
hearing closed at 7:38 p.m.
A public hearing was held on Ordinance No. 26-94, " An Ordinance To Amend
Sections IV and V Of Ordinance No. 2-89, Establishing Zoning Classifications Of
Certain Properties Set Forth In Those Sections Of Ordinance No 2-89."
No one appeared to speak for or against Ordinance No. 26-94. The public
hearing closed at 7:38 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of August 3, 1994, were
presented for review. Councilmember Garrett moved to approve the minutes presented. Seconded as by Vice Mayor Marshall. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of July was presented for review. Mayor
Eisenberg directed the clerk to file the report. A copy of that report is attached as part of these minutes.
MANAGER'S REPORT
The Manager's Report for the month of July was presented for review. Vice
Mayor Marshall moved to approve the report. Seconded by Councilmember Garrett. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
The Hueys
Flo Hoffman
Kirsten Pape
M. Zarbaugh
William Clamurro
Sally MacPhail
William Hoffman
Ed and Kay Vance
Sharon Hart
Mel Weinberg
Sara Goldblatt
Gil Krone
Mary Bline
Lisa McKivergin
David Goldblatt
Kevin Davis
J. Siegel
Anne Russell
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August 17, 1994
Page 3
Bill Hoffman of 508 West College commented on Burg Street. He stated that his
concern was the proposal that Burg Street be one way up and Thresher Street one way
down. He stated that before one approves such a proposal, perhaps the members of
Council should drive down Thresher Street.
Marilyn Jung stated that when Burg Street had last been improved, problems
became apparent. She stated that the side curbing and the height of bricks are uneven.
She stated that she agrees with the Hoffmans',she would not like to have the traffic
coming down Thresher Street. She stated that with the added traffic, the road would
become more dangerous. She stated that she was against the proposal that Burg and
Thresher be one way.
Manager Plunkett stated that the reasons these questions are coming about is
because the Village is about to begin the 1994 paving program. One of the streets to
be paved is Burg. He stated that the Streets and Sidewalks committee had looked at
Burg Street and believed that paving the street was the only way to solve the problem.
He stated that there was some question as to whether the asphalt would stick to the
brick. Manager Plunkett stated that the Street Department and the staff needs to make
a decision concerning what needs to be done with Burg Street, if anything. Mr. Plunkett
stated that there had been one accident last fall, and several tires had been damaged
where drivers had hit the curb. He stated that some of the bricks on Burg Street have
sunk. He stated that taking out those bricks and relaying them would be a labor
intensive project that would take away from the Service Department's other assigned tasks for the year.
Sara Jean Wilhelm stated that she had seen the problems on Burg Street the like snow plow not being able to get down the street. She stated that Burg Street will not take heavy traffic. She stated that she parks on Thresher Street because there is not enough parking on College Street. She stated that Burg Street needed some long term improvements. She stated in her opinion, Council needs to look into long term improvements for Burg Street.
Dave Goldblatt of 419 Burg Street stated that he objected to the paving of the brick portion of Burg Street. He stated that perhaps instead of replacing the bricks, the two foot unleveled lip could be replaced to be level with the brick. He stated that the accident that happened took place on the asphalt and not on the brick section of Burg Street. He stated that he knew that Burg Street had problems, but the issue needs more discussion.
Lori Green of Burg Street statedt-hat she was opposed to paving of the bricks on Burg Street. She stated that 20 years ago, huge chunks of pavement piled up at the bottom of Burg Street because the asphalt wouldn't stick to the brick. She stated that the brick section of the road required far less maintenance. She stated that if the tVeirlmlagiemwpraosvegmoienngtsto. spend money for improvements, they should think about the long
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Mayor Eisenberg stated that it was an interesting suggestion to replace the curb
and gutter unstead of the brick portion of Burg Street. He stated that if that were to be
done, it might be possible to pick up a small amount of width.
Service Director Mark Zarbaugh stated that a small amount of width may be
obtained, however, the hillside would have to be dug into, which might make it difficult
to determine what one would be getting into.
Manager Plunkett stated that Council may want an engineer to look at that.
Bill Clamurro of 529 Burg Street stated that the problem on Burg Street is that
it's very narrow and very difficult to widen because of the hill. He stated that Burg Street
should remain two way. He stated that Council should look into the possibility of
widening Burg Street . He stated that the bricks seem to hold up better than the asphalt
and in his opinion, the most important thing is the widening of Burg Street.
Lori Green stated that she did not want to see Burg Street widened. She stated
that two cars can pass safely on Burg Street. She stated that she would not like to see
the street widened because the vehicles would travel faster and there are children in
the area.
Clarke Wilhelm stated that when the weather wet, the road is a slippery
nightmare. He stated that there is no curb going up Thresher Street. He stated that a
car could very well bounce off the railing wall and go under a house. He stated that he
feared the safety on that street if it's heavily used.
Ed Vance of 248 Thornwood Drive stated that he would like to support what is
being said here tonight. He stated that he felt that the little brick road should be saved. Councilmember Garrett stated that she would like to speak on behalf of three
citizens who contacted her concerning Burg Street. One resident stated that she had
lived on Burg Street for three years and the amount of traffic has increased
tremendously. The increase in traffic adds to the problem. She stated that the citizens
thought that widening the road 8 to 12 inches would help.
Councilmember Garrett stated that her son had had an accident on the brick
section of Burg Street. The accident had been caused by the Someone coming down narrowness of the road. vehicle. the hill put their brakes on and lost control and hit her son's
Lori Green stated that that accident is really the only accident she can remember in history. She stated that when you have an issue where you have a narrow road, only the people who are unfamiliar with that road abuse it. She stated that in her opinion, there are alot of solutions before paving and widening.
Bill Hoffman stated that it was natural coming around the curve to accelerate easily without thinking. He stated that it would be helpful to have rumble strips to give drivers a warning that they should slow down.
COMMITTEE REPORTS
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Page 5
Councilmember Shulman reported on the Street &Sidewalks committee meeting
of August 8. The committee had met on Burg Street to consider possible repair
alternatives. He stated that the committee had walked the length of the brick section of
the street. One of the alternatives was grinding off the brick to meet the gutter plate. He
stated that the committee's view had been that the road would become narrower
because of this border. Mr. Shulman stated that last week's Granville Sentinel stated
that he personally was the "protector of the bricks". He stated that residents have
informed him that the brick section had been paved and the pavement washed away.
He stated that he had mentioned to Manager Plunkett that Burg Street could be made
one way up to take away dangerous situations. He stated that the committee also had
discussed digging up the bricks and putting them back, but that would be a labor
intensive project. He stated that the southwest side had been redone last year and it
was starting to sink again. He stated that the project would take away from the Service
Department's tasks.
Service Director Mark Zarbaugh stated that according to his Senior Equipment
Operators, Burg Street had been paved in 1978. In 1978, Burg had been paved to the
top and bottom. He stated in his opinion, the reason the asphalt didn't stick then was
because there was a crack at the top of the hill which allowed rain to get in and help
wash it off. He stated that he personally feels that the asphalt will stick this time
because this would be a continuous, seamless, paving all the way up the top of the hill.
The continuous paving would prohibit the weather from getting under the asphalt.
Ed Vance stated that it would be wise to look at other alternatives. He stated that
Burg Street has a steep part and when one brakes on asphalt, the asphalt tends to
slide and roll downhill, pushing the asphalt up. He stated that he didn't think the asphalt would come off, but it would roll and ripple.
Councilmember Montgomery asked if perhaps it would help to make Burg Street
one way down unstead of one way up?
Councilmember Shulman stated that on the lower part of Thresher Street, parked people on the east side of the street. He stated that if one made Burg one way down,
you would have people going up and making a left turn across traffic.
Mayor Eisenberg stated that Council needed to work on a solution for Burg Street. He stated that the Streets and Sidewalk Committee should explore some of the new ideas presented tonight.
Manager Plunkett stated that perhaps Council should appoint an exo-fficio member who lives in that area to enliven the conversations.
Councilmember Garrett reported on the Planning Commission meeting of August 15. At that meeting, a sign application had been tabled, Mary Bline's architectural review application was denied, and two architectural review applications were approved. Four sign applications had been submitted for Erinwood with three getting approval. A work session had been held to discuss placement of a sign on South Main Street by the Sentinel building. The board also recommended a location for the
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August 17, 1994
Page 6
placement of HVAC units at 118 South Main Street. Mrs. Garrett stated that the board
had recommended the east side of the building beginning at the north east corner of
the building.
Councilmember Shulman reported on the North Pearl Street Study Committee
meeting of August 4. At that meeting, the committee mainly went over ideas. The
committee did question the status on the rumble strips that had been discussed to be
placed on North Pearl Street. He stated that one of the ideas that had been discussed
had been more regular police/ speed enforcement in the area near the elementary
school. He stated that the committee had discussed sending letters to Dension asking
that perhaps they mention to their students the traffic concerns on Pearl Street. He
stated that also, since the fifth graders are moving to the high school, perhaps the bus
patterns could change.
Mayor Eisenberg asked if anything that Council expects the committee to bring
back in their final report was written?He stated that he thought the committee should
have a charter so that the committee understands what Council wants from them.
Councilmember Shulman stated that one of the committee members is studying
the hazardous materials regulations to see about the possibilities of eliminating them
on North Pearl Street . He stated that some of the residents are monitoring truck
patterns to see which companies travel that road consistently. He stated that the
committee would them write to the companies encouraging them to use an alternative route.
Manager Plunkett stated that he received a telephone response from ODOT
saying that the Village can't put rumble strips on North Pearl Street. He stated that he is
going to write to ODOT to get their reasoning for the denial in writing.
OLD BUSINESS
Ordinance No. 229- 4, A'n Ordinance To Amend Chapter 909 Of The Codified
Ordinances Of Granville, Ohio, Establishing Tree And Landscape Regulations And To Repeal Existing Chapter 909 Of Said Codified Ordinances,w"as reintroduced, title read and moved for adoption by Councilmember Garrett. Seconded by Vice Mayor Marshall. Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Freytag absent, Marshall yes, Mayor Eisenberg yes. Five yes votes, one member absent. Ordinance No. 22-94 was adopted.
Councilmember Garrett left the meeting.
Ordinance No. 239-4, A"n Ordinance To Adopt Chapter 1193 Of The Codified Ordinances Of Granville Establishing Tree And Landscape Requirements,w"as Creoinutnrocdilmuceemdb, etirtle read, and moved for adoption by Vice Mayor Marshall. Seconded by Shulman.
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Roll call vote: Marshall yes, Freytag absent, Montgomery yes, Shulman yes,
Garrett absent, Mayor Eisenberg yes. Four yes votes, two members absent. Ordinance
No. 23-94 was adopted.
Ordinance No. 24-94, "An Ordinance Of The Village Of Granville, Ohio
Approving The Transfer Of Control Of Times Mirror Cable Television Of Licking
County, Inc.,F (ra"nchisee"F)r,om The Times Mirror Company To Cox Cable
Communications Inc.w,"as reintroduced, title read, and moved for adoption by
Councilmember Shulman. Seconded by Vice Mayor Marshall.
Mayor Eisenberg asked Kevin Davis of Dimension Cable how the Village stands
with the recabling project?
Kevin Davis stated that 95%of the lines had been replaced. He stated that
Dimension is wrapping up the project now.
Mayor Eisenberg asked what the status was on the movement of the stand by
power supply box on West Broadway?
Manager Plunkett stated that he had been supposed to meet with Ohio Power
and Dimension Cable but forgot the meeting. He stated that he had talked to Mr. Davis
this morning and apparently, the power box had flooded several times. He stated that
once the power box is removed, there won't be a need for the power pole.
Mr. Davis stated that the power supply box had been flooded several times and
Dimension would like to move that power supply box as soon as they could.
Roll call vote on Ordinance No. 24-94: Freytag absent, Garrett absent, Shulman
yes, Marshall yes, Montgomery yes, Mayor Eisenberg yes. Four yes votes, two
members absent. Ordinance No. 24-94 was adopted.
Ordinance No. 25-94, "An Ordinance To Amend Ordinance No. 43-93 Providing
For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums
For Operating Expenses,"was reintroduced, title read, and moved for adoption by Vice Mayor Marshall.
Vice Mayor Marshall stated that he saw no dollar amount in the ordinance for the repairs at 118 South Main Street.
Manager Plunkett stated that he had not received all the estimates yet so a dollar amount was not known.
Mayor Eisenberg stated that action would be deferred on Ordinance No. 259-4 until the last item of business under old business.
Ordinance No. 269- 4, A"n Ordinance To Amend Sections IV and V Of Ordinance No. 2-89, Establishing Zoning Classifications Of Certain Properties Set Forth In Those Sections Of Ordinance No 2-89,w"as reintroduced, title read, and moved for adoption by Councilmember Montgomery. Seconded by Vice Mayor Marshall.
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Page 8
Roll call vote: Freytag absent, Garrett absent, Shulman yes, Marshall yes,
Montgomery yes, Mayor Eisenberg yes. Four yes votes, two members absent.
Ordinance No. 26-94 was adopted.
118 South Main Street -Sensibilities
Mayor Eisenberg stated that he regretted that it had been necessary for Mr.
Vance to resign from Council because of the concerns at 118 South Main Street. Mayor
Eisenberg stated that he personally believed that Mr. Vance had always acted in the
most honorable way. He stated that his own personal take was Mr. Vance had bent
over backwards and if anything, perhaps did not act on the best interest of his business
during Council's discussions concerning 118 South Main Street.
Mr. Vance stated that he appreciated the comments.
Mayor Eisenberg stated that Council needed to discuss the placement of the air
conditioner units and the trash location.
Planning Commission member Larry Huey stated that the Planning Commission
had looked over the sketches that Mr. Vance drew with the proposed locations for the
HVAC units. Mr. Huey stated that he did have the sketches with him. He stated that the
Planning Commission recommended a placement which was not on any of the
sketches. He stated that the Planning Commission did not know what the back section
of the building was going to look like with the suggested improvements. He stated that
the Planning Commission had recommended that the units be placed in the east end of
the building. He stated that there were still 10 to 12 feet for location of the trash
containers. He stated that that location would not be in the front yard of the
McKivergins.
Mayor Eisenberg stated that he thought Council's position had been that
Sensibilities Inc.,could proceed with whatever plan they choose, however, Council
would contribute only to the limit that was necessary to keep the building in a safe and sound condition.
Mr. Huey stated that the Planning Commission's discussions concluded that the
main entrance of the building should be maintained and not have clutter. He stated that another concern was that the units not interfere with the park. He stated that it Planning Commission' was s policy that air conditioning units be located at the back of side of buildings. He stated that as long as the neighboring property didn't mind the unit on the side, the Planning Commission would approve it.
Mayor Eisenberg asked if the Planning Commission followed the same rules for commercial properties as residential?
Mr. Huey stated that the Planning Commission tries to follow the same rules for everyone.
Mr. Vance asked if the HVAC units had been discussed at the past Monday's Planning Commission meeting?
Mr. Huey answered yes.
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Council Meeting Minutes
August 17, 1994
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M. Vance stated that he understands what the Planning Commission is
recommending. He stated that that location interferes with plans that Sensibilities Inc.,
presented to Council during the negotiations of the lease for outside displays and
tables at which customers could sit down. Mr. Vance stated that those air conditioners
would obviously take up at least one parking space. He stated that Sensibilities Inc.,
had not said the air conditioners would be screened. They had said that if Council
wished, appropriate screening would be applied. He stated that for the HVAC units to
have proper efficiency, they needed 3 feet of clear space. He stated that if the units
were too close, the coils would burn out. He stated that he could show the
manufacturer's directions recommending the area restrictions. He stated that if the
manufacturer's directions are not followed, the Village would pay more for maintenance
and Sensibilities Inc.,would pay more for utility bills.
Mayor Eisenberg asked how large the trash containers were?
Mr. Vance stated that they are the size one would have at a residence. He
stated that he thought they were 36"by 30".He stated that a comment had been made
about their garbage. He stated that Sensibilities would not have smelly garbage. He
stated that it was a retail establishment with mostly paper waste. He stated that 99.9%
of their trash would be cardboard and paper products. He stated that their business
does not include food preparation and smelly garbage is not the type of waste they
would be generating. He stated that Sensibilities Inc.,will run a clean operation. He
stated that they hoped to keep the grounds cleaner than they have been for years. Mr. Vance stated that Sensibilities Inc.,will be working with the Tree &
Landscape commission on a landscape plan for the building. He stated that if the
HVAC units are placed at the northeast corner, he believes they will be noticeable from
the park. He stated Sensibilities Inc.,had been trying to pick the location with east impact on the Village as a whole. Mr. Vance stated that Sensibilities Inc.,would like to place a door and a window in the back section of the building. He stated that they had
thought it would be nice to have some natural light in the back section of the building. Mr. Vance stated that if Council doesn't require screening around the HVAC
units, they will take up 9 feet on the south end and would be visible from the park. He stated that Sensibilities Inc.,leased the building through a successful and wanted proposal process to use the property on that side of the building for customer use. He stated that placing the HVAC units on the southeast side would take away from the area they wanted to use and takes away a parking space.
Vice Mayor asked if the HVAC units were not screened, would they take up a 6'X9' rectangle?
Mr. Vance stated yes.
Vice Mayor Marshall drew a picture on the chalk board of where the units were to be placed.
Lisa McKivergin stated that she had spoken with Mr. Vance concerning Sensibilities placing their garbage behind her garage. She stated that Sensibilities Inc., could place one of their HVAC units at the north side of the building in the east corner
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Council Meeting Minutes
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Page 10
and the other at the east side of the building at the north corner. She stated that she
wanted Sensibilities Inc.,to be successful as a business. She stated that she just
wanted to protect her property.
Mr. Vance stated that he had had a conversation with Ms. McKivergin discussing
the possible shared garbage facilities. He stated that he showed her where Sensibilities
Inc.,wanted to place the air conditioner units and asked her to consider the location.
He stated that she had offered to lease the trash receptacle on her property for a dollar
a year. Mr. Vance stated that Sensibilities Inc. considered Ms. McKivergin's offer and
decided that it was not a good business investment because the property could be sold
or other problems could arise. He stated that Ms. McKivergin stated that she would get
back to him on the placement of the air conditioner units but never did.
Mayor Eisenberg asked if Sensibilities was willing to accept Ms. McKivergin's
offer. Mr. Vance stated that since he had not heard from Ms. McKivergin concerning
the placement of the HVAC units, he went to the Planning Commission and presented
the plan to them. He stated that Sensibilities Inc.,did not want to be dependent neighbor. on a He stated that Ms. McKivergin could move or a number of things could
happen. Mr. Vance stated that he did not do this to be derogatory in any manner. He
stated that Sensibilities Inc.,had no intention of blocking off the McKivergin's access. Mayor Eisenberg stated that Council must make a decision and move on. He
stated that Council should make a decision on the placement of the air conditioners and leave the trash area separate.
After a discussion, Council agreed that the air conditioner units would be
installed flush with the end of the building, side by side along the east wall at the northeast corner of the building.
Manager Plunkett stated that he had not received an estimate for the tuck
pointing at 118 South Main Street. He stated that he had received three estimates on the roof and shed repair.
Mr. Vance stated that he could have Sensibilities Inc.,contractor perform the work to finish the shed portion for under $ 1, 000.
rebuilt.Vice Mayor Marshall stated that one of the estimates said that the roof should be
Mayor Eisenberg stated that Council has a series of estimates with numbers close enough to settle and proceed with the ordinance. He stated that he recommended that the Village contribute3 $,000 to the restoration of the shed portion of the building, 1$,000 for the interior alterations to the back section of the building, and es1t,i0m0a0tefosr the repairs of the roof. He stated that the tuck pointing would be left until are received.
Mr. Vance stated that he felt obligated to mention the flaws in the proposals that Council had received. He stated that the roof had been leaking for a long time and is going to give the Council trouble because it is not pitched. He stated that in his opinion, the roof needed to have a pitch.
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August 17, 1994
Page 11
Law Director Hurst asked if Mr. Vance was suggesting that all the estimates be
rejected and start over?
Mr. Vance stated that he doesn't want that to happen, he just wanted to let the
Council know that they may run into extra expenses. Mr. Vance stated that he is trying
to be helpful, not argumentative. He stated that if Council appropriates the money and
problems arise, the work won't be performed until more money is appropriated.
Mayor Eisenberg stated that $5,000 is Council's best guess at this point. He
stated that if a situation arises where there will be extra expenses, Council will deal
with that when it is discovered.
Mr. Vance stated that he wanted to go on record telling Council that that type of
roofing proposed is not correct. He stated that one needed to make sure there was
proper flashing so that there is no leaking.
Councilmember Montgomery stated that the only proposal which talks about the
roofing is the Hutchinson proposal.
After a long discussion, Vice Mayor Marshall moved to adopt Ordinance No. 25-
94 adding $ 5,000 to Account Number Al -7E-250. Seconded by Councilmember
Montgomery. Roll call vote: Shulman yes, Montgomery yes, Vice Mayor Marshall Mayor Eisenberg yes, adopted. yes. Four yes votes, two members absent. Ordinance No. 259-4 was
NEW BUSINESS
Newark Granville Road -Pathwav, Street, Storm Sewer Design
Service Director Mark Zarbaugh stated that Council had received a memo regarding the plans for Newark Granville Road. He stated that the prices for an engineer to design the project ranged widely. He stated that he and Village Planner
Doug Tailford had wrestled with the issue and suggested Bird &Bull to perform the design work. He stated that Bird &Bull had been the Village's engineer for many years. He stated that the staff had a good working relationship with Bird &Bull. He stated that CurryWillis &Grove is a young company which had done some similar work for Licking County. He stated that he spoke with the County and they stated that they had no problems with Curry Willis'work. Mr. Zarbaugh stated it was his opinion that Bird &Bull would be the better bet.
Mayor Eisenberg asked if any information was found to say that Curry Willis was not competent to perform the work?
Mr. Zarbaugh answered no.
Mayor Eisenberg stated that it may be time to take on a different engineer and not automatically give everything to Bird &Bull. He stated that it may do Bird &Bull some good to have some competition.
Councilmember Montgomery asked if there was anything Mr. Zarbaugh found negative about Curry Willis? 1
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Mr. Zarbaugh stated that Curry Willis hasn't been in the business more than five
years and the only similar project they had performed was with Licking County. Mr.
Zarbaugh stated that the county felt Curry Willis did an acceptable job.
Councilmember Montgomery asked if the County had said anymore than that
Curry Wills performed an acceptable job?
Mr. Zarbaugh stated that the county indicated that Curry Willis did what was
asked and expected. Mr. Zarbaugh stated that it was not an easy decision to make. He
stated that he had a good working relationship with Bird &Bull, however, he saw no
reason Curry Willis couldn't perform the work.
Mr. Zarbaugh stated that the project would eventually be submitted as an ISTEA
project. He stated that both engineers are fully aware of that.
Mayor Eisenberg stated that he didn't like to step on the judgment of Mr.
Zarbaugh, however he felt this time it was appropriate to go with the low bidder.
Manager Plunkett stated that the staff is saying that Curry Willis is competent to
perform the job. He stated that the staff has an established working relationship with
Bird &Bull and a comfort level. He stated that the staff is not going to be hurt by
Council recommending another engineer.
Vice Mayor Marshall stated that he felt the Village should go with the low bidder.
Mayor Eisenberg agreed.
Resolution No. 94-37, "A Resolution To Award The Bid For Construction Of The
West Broadway Sidewalk Extension To Clayton Excavating And To Authorize The
Village Manager To Enter Into An Agreement Therefore,"was introduced, title read,
and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Montgomery.
Councilmember Shulman asked how much money was in the sidewalk how fund and many residents were responding to the reimbursement plan?
Manager Plunkett stated that many residents were responding to the program, however, the money was there to complete the West Broadway project.
Resolution No. 94-37 was adopted.
Ordinance No. 279-4, A" n Ordinance To Add Section 925.07 k( )To The Codified Ordinances Of The Village Of Granville To Establish Back Flow Prevention For Granville Residential Water Customers In Accordance With EPA Regulations And State Plumbing Codes"w, as introduced and title read by Councilmember Montgomery. Mayor Eisenberg set the public hearing on Ordinance No. 279-4 for September 21, 1994, at 7:30 p.m.
Ordinance No. 289- 4, A"n Ordinance To Allow The Placement Of A Wrought Iron Fence At The Premises Known As 221 East Broadway,Within The Public RightO- f Way, As Recommended By The Granville Planning Commission,w"as introduced and title read by Councilmember Shulman.
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Mayor Eisenberg set the public hearing on Ordinance No. 28-94 for September
21, 1994, at 7:30 p.m.
Councilmember Shulman asked what was the status on water to the Ridge?
Manager Plunkett stated that he had sent Dr. Lewis a letter stating his
recommendation that the village give them three taps that would be activated upon
annexation to the village in exchange for the construction easement for placement of
the water main. He stated that there had not been a response yet.
Vice Mayor Marshall stated that Council needed to do something about the
vacancy on Council.
Manager Plunkett stated that the ad in the Sentinel stated that Council would
accept statements of interest until August 26. He stated that with Councilmember
Freytag absent, he thought Council would not want to make a decision until the
September 7 meeting.
Vice Mayor Marshall stated that he will be absent from Council the entire month
of September and Councilmember Garrett would be absent the first of September.
It was decided to cancel the first meeting in September because there would not be a qworum.
ADJOURNMENT
Vice Mayor Marshall moved to adjourn the meeting at 11: Councilmember 10 p.m. Seconded by Montgomery. Motion carried.

Council Minutes AUGUST 3, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
AUGUST 3, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:36 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Vance
Councilmember Freytag
PUBLIC HEARING
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
I -
A public hearing was held on Ordinance No. 19-94, "An Ordinance To Amend
Chapter 1189 Of The Granville Codified Ordinances Of Granville, Ohio Establishing Sign Regulations And To Repeal Existing Chapter 1189 Of Said Codified Ordinances."
Gary Stansbury was present, stating that the proposed sign ordinance is " stiff code for the entire one village.M" r. Stansbury stated that he visited downtown Granville last week. During his visit, he had seen the sidewalks full and people eating at the sidewalk cafes. As Mr. Stansbury drove down NewarkG- ranville Road to Westgate Drive, he saw several semis unloading at the various businesses. He stated that he doesn't think the Village can have one sign code for that diverse of an area. He stated that Westgate Drive area and the area by the Granville Milling Company should be exempt from the sign code or have an entirely different code. He stated that in his opinion, the proposed code is not appropriate for an industrial area. Mayor Eisenberg stated that Mr. Stansbury had made a valid point, however the trend of Council has been to retain more restrictive control than what is necessary. He vsatartiaedncteh.at if larger signs are appropriate in that area, the applicant can apply for a
Mr. Stansbury stated that he thought that the industrial area needed some kind of code to prevent granting so many variances.
Mayor Eisenberg stated that it was his personal view to let the Planning Commission take care of the matter.
Larry Huey of 129 West College Street stated that he had been chairman of the committee to review the sign code. He stated that he wrote the proposed sign code to
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Council Meeting Minutes
August 3, 1994
Page 2
reflect the views of the entire committee, but that he personally had serious concerns
about the code. He stated that the committee had had a difference of opinion on the
Planning Commission having the right to reduce sign sizes. He stated that in his
opinion, there was very good reason for the Planning Commission to have discretion.
He stated that currently, there are two governing bodies that look at sign sizes. If one
wants a larger sign, they must get a variance. The Planning Commission approval is
required as is the Board of Zoning and Building Appeals (BZBA).If the BZBA chooses
to, they can allow 100 square foot signs in the downtown. He stated that he had
attended BZBA meetings to hear variance requests. He stated that during one of those
meetings the BZBA suggested that the applicant apply for more footage than what had
been applied for. He stated that in his opinion, the BZBA should be scrutinizing and
members of the board should not be suggesting larger signs. He stated that he was
somewhat concerned about ground signs in the entire Village being 16 square feet. He
stated that the downtown could have a16 square foot sign. He asked that Council allow
Planning Commission discretion to regulate signs in the Architectural Review District.
Councilmember Vance stated that the Planning Commission still has control. He
stated that the intention was to inform a business of what size of sign they will be
allowed to have. The intention of the committee was to leave control to the Planning Commission.
Mr. Huey stated that the way the code is interpreted now, if the Planning
Commission disagrees with BZBA, the applicant still doesn't get what he is applying for.
Mr. Huey stated that he thought it appropriate to set the size in the code at a low
value and have the Planning Commission restrict the size of signs.
Councilmember Vance stated that the BZBA can issue a variance without
Planning Commission approval. Mr. Vance stated that if the Planning Commission
makes a ruling the applicant does not like, the applicant can appeal to Council.
Mayor Eisenberg stated that there is nothing to prohibit someone from the going to BZBA for a variance prior to Planning Commission review. Mayor Eisenberg stated that he understood the concern, but Council can debate the issue later.
Law Director Hurst stated that if someone proposed a sign that required a variance currently, the applicant must first go to the BZBA to see if it's possible to get a variance, then armed with that variance, the sign shall be reviewed by the Planning Commission. All signs, not just signs in the Architectural Review District shall be approved by the Planning Commission. The applicant then tells the Planning Commission that they received a variance and the Planning Commission will go on to consider the design. He stated that because the BZBA says that 12 or 15 square foot is okay, that does not mean the sign is approved by the Planning Commission. The Planning Commission will then render its decision and give their reasoning. If the applicant is not happy, he can go to Council with an appeal. Mr. Hurst stated that the language in the ordinance may need some revision, but its clear that anytime a variance is needed, one must first see if a variance will be granted. One does not get Planning Commission approval contingent upon a variance.
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Mr. Huey stated that Planning Commission has been reviewing signs before the
variance is given .
Mr. Stansbury asked what happens when a variance is requested and then
rejected by the BZBA?
Mr. Hurst stated that if Council determines that the variance sought by the
applicant is okay, Council can overrule the BZBA decision and then send the applicant
back to the Planning Commission.
The public hearing on Ordinance No. 19-94 closed at 8:10 p.m.
A public hearing was held on Ordinance No. 20-94, "An Ordinance To Approve
The Covenant Agreement For Phase IV Of Bryn Du Woods /The Colony At Bryn Du."
No one appeared to speak for or against Ordinance No. 20-94. The public
hearing closed at 8:11 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of July 20, 1994, were
presented for review. Councilmember Freytag moved to approve the minutes submitted. Seconded as by Councilmember Garrett. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Kevin Davis, Times Mirror
Richard VanWinkle
Sally MacPhail, Sentinel
Joe Hickman
Gary Stansbury
Lisa McKivergin
Larry Huey
Richard VanWinkle, attorney representing Ms. McKivergin, stated that he was present regarding the HVAC system which was planned to be placed near the vicinity of the McKivergin's front door. He stated that Mr. and Ms. McKivergin are opposed to the placement of the system. He stated that the McKivergins had not been present at the last Council meeting because they were told there was not a need to attend because the issue would be decided by the Planning Commission. He stated that according to the minutes, apparently there had been a consensus of Council that the HVAC units should be placed on the southeast side of the building. He stated that he wonasthneoitsssuuree. what a consensus of Council was and apparently there had been no vote
Mayor Eisenberg stated that Council did not approve the locations of the HVAC units. He stated that the Council directed the manager to send a letter to the Planning Commission as to where council felt the units should be placed.
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Mr. VanWinkle stated that his client had received a letter from Mr. Plunkett
stating that "Sensibilities Inc.,may install air conditioning units at the southeastern
corner of the building. "
Manager Plunkett stated that the minutes of the July meeting read that the letter
was to be sent to Mrs. McKivergin.
Councilmember Montgomery stated that sending a letter to the Planning
Commission and to Ms. McKivergin were both discussed.
Mayor Eisenberg stated that it was his recollection that the letter had been to go to the Planning Commission and not Ms. McKivergin.
Councilmember Garrett stated it was her understanding that the letter had been
to go to the McKivergin residence.
Mr. VanWinkle stated that it was his understanding that Council had not voted
on the issue. He stated that he opposes the location. He stated that his client doesn't
want to have an HVAC unit located only 8 feet from her front door. He stated that the
opposition is for the obvious reason, the peaceful, quiet enjoyment of the property. He
stated that the structure proposed may end up being more than an air conditioner; that
it may include trash and other items. He stated that they are now dealing with the
location of the HVAC system. He stated that he is opposed to it because of the
disruption of the peace and quite the structure will cause.
Mr. VanWinkle passed photos around of the location with wood boards marking
where the HVAC would be placed. He stated that not only will there be additional there will be noise, a structure interfering with a 10 foot setback line. He stated that there will
be interference with the walk- way and when the door is open to Sensibilities' back section, it will also interfere with the walkw- ay. He stated that this will have a negative impact on his client's property, and may reduce the value of that property. Mr. VanWinkle stated that in Mr. Plunkett's letter, Council had declared that the south side of the building was the only logical location for the units and that other locations were not appropriate. He stated that Council has not followed its own procedure by not requiring Mr. Vance to make application to place the HVAC units on the property.
Mr. VanWinkle stated that the photos he distributed show a dump truck parked on the east side of the building. He stated that the east side of the building will not interfere with parking and will not interfere with use of the driveway. He stated that he had looked at the property and in his opinion, the northeast corner of the building was an obvious location for placement of the HVAC units. He stated that Mr. Plunkett's letter had stated that placing the units on the north side would interfere with Opera House and Bolen Park. He stated that he did not feel that was so. Mr. VanWiknle also stated that Mr. Plunkett's letter also stated too that the units would be screened with appropriate vegetation,f"urther limiting the use of his client's property. Mr. VanWinkle stated that he recommends and would ask Council to consider the east side of the building as the appropriate location for the HVAC units.
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Mr. VanWinkle stated that in addition to those arguments, he questions the
appropriateness of the issue. He stated that he believes Council may allow certain
exemptions such as waving fees, but Council surely does not have the right to exempt
a private enterprise, mandated by laws that every other citizen must follow, especially
when those exemptions interfere with his client's rights. He stated that Mr. Vance is
required to obtain permits in the lease agreementH..e stated that if Mr. Vance is of the
opinion that rules don't apply to him, he is wrong. He stated that the Planning
Commission hasn't reviewed the plan at this stage. He stated that his client's rights
have been ignored, and if Council continues to proceed with this, appropriate action will
be taken. He stated that if Council has made a decision regarding the placement of the
HVAC units, he would ask that they reconsider or rescind that decision. He stated that
he further suggests that Mr. Vance excuse himself from sitting on Council and not
participate in any discussion the body makes. He stated that in short, Vance should do
what is right and not participate in action taken on this.
Mayor Eisenberg stated that perhaps he hadn't been paying attention, but no
one, including the minutes, knows exactly what went on at the last meeting. He stated
that he doesn't recall how the question came before Council for the placement of the
HVAC units, perhaps when Mr. Vance gave his presentation on the buildings shed
portion. He stated that it was his recollection that it had been the consensus, opinion of
Council that the south side of the building was the appropriate location for the HVAC
units. He stated that what had been supposed to follow was a letter to notify the
Planning Commission of Council's opinion. He stated that he doesn't think that Council
bypassed the Planning Commission. Mayor Eisenberg stated that he had suggested
that a letter be sent to the Planning Commission letting them know that there was a decision to make.
Councilmember Freytag stated that because of the threat of litigation, he would
like for Council to enter executive session to discuss possible litigation. Mr. Freytag moved to enter into executive session. Seconded by Councilmember Montgomery.
Councilmember Montgomery asked if Law Director Hurst felt it appropriate to go into executive session at this time.
Law Director Hurst stated that the appropriate time to enter into executive session is a judgment of Council. He stated that Council can certainly continue with the rest of their business and have an executive session at the end of the meeting. He stated that he did not feel anymore discussion on the issue was necessary. He stated that he did not feel that the matter would be resolved within the next thirty minutes. Mr. Hurst stated that perhaps he misconstrued, but it certainly sounded as if Mr. VanWinkle said that if he did not get his way, he would file a law suit. Mr. Hurst stated that the issue is not going to be resolved this evening. He stated that he does not have oathperorbalepmproepnrtieartieng into executive session now, at the end of the meeting, or at some time.
Mr. Freytag stated that he had made a motion and it was seconded. 1
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Mayor Eisenberg stated that he did not feel it necessary to go onto executive
session now. He stated that he felt several steps were necessary before the issue
reached that point. Mayor Eisenberg stated that it was his intent and belief that proper
procedures should be followed. He stated that if that was the belief of Council, it should
be clarified and the application sent through normal procedure.
Councilmember Freytag stated that there was much to be discussed and he
called for the question.
Show of hands vote to enter into executive session: Montgomery yes, Freytag
yes, Vance abstain, Shulman no, Garrett no, Marshall no, Mayor Eisenberg no.
Two yes votes, four no votes, the motion was defeated.
Mayor Eisenberg stated that he would like to make clear that appropriate action
must be taken by the Planning Commission.
Law Director Hurst stated that he was not ready to resolve this issue tonight. He
stated that the issue had been a citizens comment and should be left at that until he
can look at the lease and what procedures are to be followed. He stated that he is not
willing to acknowledge that correct procedures had not been followed simply because
the HVAC units are not Sensibilities' property; they are the Village's property, and Mr.
Vance had simply been asking where the Village would like its property to be placed. Mr. VanWinkle stated that he and his client have to know where the issue
stands. He stated that he can understand the concern, however, time is important.
Law Director Hurst restated that the issue isn't going to be resolved tonight. He
stated that he wanted to reexamine the lease agreement. He stated that it well be that Granville may very needed to make the application. He stated that tonight, he is uncomfortable saying that Sensibilities Inc.,had to have permission. He stated that the air conditioner units are a requirement of the lease which Sensibilities Inc.,will not keep if the property is vacated.
Mr. VanWinkle stated that his initial reference was the interference with his
client's property, and the second was the procedure that had been followed. He stated that he would like to know when he could expect a statement from the Law Director. Law Director Hurst stated that the issue will get attention as fast as it can. He stated that he will prepare his statement and forward it to Council. M. Hurst stated that he wasn't sure if Council would find it appropriate to hold that analysis to the next session or not, however his work will be done well in advance of the next Council session.
Mr. VanWinkle stated that the date of Mr. Plunkett's letter is July 29. He stated that he can't let time go by if he is going to take appropriate actions. Mr. Vance stated that as the representative of Sensibilities Inc.,he would like sufficient time to consult with his attorney.
Councilmember Freytag stated that one of the reasons he wanted to have an perxeesceuntitv.e session was because the two potential people who may sue the Village are 1
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Mr. Vance stated that his corporation is willing to talk to the neighbors at
anytime.
Councilmember Montgomery stated that she feels very uncomfortable with Mr.
Vance representing Sensibilities inc.,and being able to speak on their behalf. She
stated that in her opinion, Mr. Vance should speak from the audience.and not from
behind the Council table when he speaks as the tenant.
Mr. Vance stated that he is willing to step out from his Council chair at any point
in time.
COMMITTEE REPORTS
Councilmember Garrett reported on the Planning Commission's meeting of
August 1, 1994. At that meeting, two architectural review applications were approved,
and a informal session with Mr. Thornborough regarding the Shepardson property held. The was alley from Broadway and Shepardson, which is part of the Shepardson
property deed, was discussed. Mr. Thornborough is willing to give that alley to the
Village or piece meal it to the property owners in that area. Mr. Thornborough would
like to install a meandering sidewalk from his property to Broadway. The meandering
walk would preserve trees. He plans to restore the existing structure and change the
subdivision from seven lots to three lots. He plans to construct two similar houses that
will share a common driveway. Mr. Thornborough plans to come to Council regarding
the alley property. Mrs. Garrett stated that the commission also discussed the sidewalk
cafes coming before the commission prior to the renewal of their cafe permit. She
stated that the Planning Commission would like to review the cafe plans if they
drastically change in appearance. Sensibilities Inc.,gave a presentation which will be given to Council this evening.
Councilmember Freytag reported on the Old Colony Burial Ground Board Meeting. At that meeting, two items of business were discussed. He stated that the storage building is now underway and probably is complete as of now. He stated that the preservationists from Massachusetts are back for the second time this year restoring the cemetery.
Councilmember Freytag reported on the Recreation Commission meeting of August 2, 1994. At that meeting, it was learned that the Ohio Arts Council granted 2,006 to the "Concert on the Green"series. Mr. Freytag stated that Paul Treece was active with the Arts Council and that has been beneficial to Granville. He stated that the commission is working on signage for Wildwood Playground. He stated that the problem is resolved concerning the issue brought up by the Auditor of State.
OLD BUSINESS
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Ordinance No. 19-94, "An Ordinance To Amend Chapter 1189 Of The Codified
Ordinances Of Granville, Ohio Establishing Sign Regulations And To Repeal Existing
Chapter 1189 Of Said Codified Ordinances,"was reintroduced, title read, and moved
for adoption by Vice Mayor Marshall. Seconded by Councilmember Vance.
Councilmember Garrett stated that she had submitted a memo to the entire
Council concerning Ordinance No. 19-94. She stated that she appreciated all the time
and effort the committee had put into the proposed code, however, she had a few
questions concerning it. Mrs. Garrett stated that her first question was in Section
1189.04 (d).Does that Section include real estate signs?
Vice Mayor Marshall stated that all existing signs are okay. He stated that their
was no point in having everyone run in for approval unless they change their signs.
Councilmember Garrett stated that her second concern was with Section
1189.04 (h).What is the definition of political sign?She stated that the code is "fuzzy" in this area.
Vice Mayor Marshall stated that the committee tried to define political signs
however it kept getting "fuzzier."He stated that the committee felt they were covered in. that section.
Councilmember Garrett asked if Council wanted wall signs and projecting signs
to increase from 8 to 10 square feet?She was also concerned about 16 square feet
ground signs being appropriate on Broadway, Prospect, and Main Streets?She stated
that she could understand the sign size -raising to accommodate the Westgate Drive
area, however she did not think large signs should be permitted in the downtown. Mrs.
Garrett stated that she did not see a section in the proposed code that dealt with shopping center signs.
Vice Mayor Marshall stated that much time had been spent on sign sizes. He stated that the proposed code would give more control outside the Village stated District. He that the committee felt variances could be applied for in the Westgate Drive section of the Village.
Councilmember Vance stated that one of the committee's big concerns with the proposed code was giving the Village more control.
Councilmember Garrett stated that the recently installed ReMax sign is 10
square feet. She stated that in her opinion, 16 square foot would be too large for the downtown area. She stated that if the Council is going to maintain one unified sign code, 10 square foot should be the maximum ground sign size. She stated that 8 square foot wall and projecting signs should be kept also. She stated that ground signs should be reduced to a maximum of 10 square feet. She stated the businesses at Westgate Drive and Cherry Valley Road could apply for variances. Councilmember Vance stated that the committee felt that the 8 square foot projecting sign was too restrictive. He stated that the committee felt that a 10 square foot sign was a good size. He stated that it was very hard to get all your sign information on an 8 square foot sign.
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Councilmember Montgomery asked what would be the disadvantages of having
two sign codes, one for the Westgate Drive area and one for the rest of the Village?
Vice Mayor Marshall stated that the committee was trying to avoid setting a
double standard.
Councilmember Vance stated that the committee is trying to prevent future
conditions. Mr. Vance stated that he would hate to see the Cherry Valley Road area
develop like Newark's 21 st Street. He stated that the proposed code would give the
Village more control to stop undesirable development. He stated that if there is a
legitimate reason to have a larger sign, the applicant can come before the BZBA and
request a variance.
After more discussion, Councilmember Garrett moved to amend Ordinance No.
19-94, Section 1189.06 (e),to limit ground signs to a maximum of ten (10)square feet
in sign area. Seconded by Councilmember Montgomery. Motion carried.
Councilmember Vance questioned whether the process·one must go through to receive a variance should be defined in the code.
Law Director Hurst stated that it seem to be defined in 1189.03. He stated that
the language was not real clear, but it was present. He stated that he had no detailed
thought as to what the language should look like. He stated that the code could be passed and amended later.
Councilmember Montgomery questioned if Council was interested in changing
the wall sign size and the projecting sign size to 8 square foot rather than the 10
square foot? -
Councilmember Freytag stated that he personally favored the 8 square foot.
Councilmember Montgomery moved to amend Section 1189.06 (a)and ( reduce b) to the sign size from ten square foot to eight square foot for wall signs and projecting signs. Seconded by Councilmember Garrett. Show of hands vote: Garrett
yes, Shulman yes, Montgomery yes, Freytag yes, Vance no, Marshall no, Eisenberg
no. Four yes votes, three no votes. The motion was carried.
Roll call vote to adopt Ordinance No. 19-94 as amended: Marshall yes, Freytag
yes, Vance no, Montgomery yes, Shulman yes, Garrett yes Mayor Eisenberg yes. Six yes votes, one no vote. The Ordinance was adopted.
Ordinance No. 209- 4, A" n Ordinance To Approve The Covenant Agreement For Phase IV Of Bryn Du Woods T/ he Colony At Bryn Du,w"as reintroduced, title read, Ganadrrmeto. ved for adoption by Councilmember Freytag. Seconded by Councilmember
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Vance yes, Freytag yes, Marshall yes, Mayor Eisenberg yes.
NEW BUSINESS
Sensibilities Inc.,
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Councilmember Vance excused himself from the Council table.
Mr. Vance showed Council the color that Sensibilities Inc.,would like to paint the
exterior trim, doors, and windows. He stated that Sensibilities Inc.,would like the
downspouts to match the brick. He stated that he had gone to the Planning
Commission last Monday and they agreed with the color scheme. Mr. Vance stated that
he would like to know if he could continue with the exterior trim painting.
Mayor Eisenberg stated that the color was nice and permission was granted to
paint.
Mr. Vance showed Council the exterior lights that would be installed at the Main
Street doors. He stated that the Planning Commission did not have a problem with the
exterior lighting.
Council agreed that the fixture was nice.
Mr. Vance stated that Sensibilities Inc.,had determined it necessary to replace
the three existing doors. He stated that the existing doors aren't in real good shape and
he would like permission to replace them. Mr. Vance distributed a sketch of the
proposed doors. Mr. Vance stated that the doors would be handicap accessible. He
stated that he anticipates approximately six glass panels in the doors.
Manager Plunkett stated that a survey of the property at 118 South Main Street
had been requested by a previous Village manager which had determined that the
property line was just inside the McKivergin front porch. He stated that he had not the seen survey, however he had heard that it showed the property line inside the front porch
of that building. He stated that in his opinion, another survey is now necessary. Mr. Vance stated that he had drawn up a tentative sketch for the placement of
the HVAC units. He stated that screening has not been addressed yet because
Sensibilities Inc.,is unsure of what the Village wants. He stated that Sensibilities is still looking for some direction from Council on the location of trash and the HVAC units.
Manager Plunkett stated that he had prepared an Ordinance to appropriate
monies to repair 118 South Main Street. He stated that Mr. Vance had notified him concerning the leaking roof and the tuck pointing that needs to be replaced. He stated that as the landlord, it was the Village's responsibility to repair those defects. He stated that he had requested a third estimate on the "shed"portion of the building which he did not have back yet. He stated that he had spoken with Walt Chaney of the Newark Building Code Department who stated that if the rear section of the building was used for human occupancy, the interior walls would need insulation and to be finished. If that section was to remain for storage or that sort of thing, it would not have to be finished. Mr. Plunkett stated that hewas not sure if the lease addressed what that portion of the building would be used for.
Vice Mayor Marshall stated that he remembered clearly from the discussions of the proposal that the back section was to be used as business space. Manager Plunkett stated that Council had received two estimates to consider as well as the leaking roof and tuck pointing. He stated that Council may want to add the cost of the survey in the ordinance too.
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Mr. Vance stated that if the Village can't get the rear portion finished for $1, 000,
he was sure that his contractor would perform the work for that amount. Mr. Vance
stated that he would like to know what the time frame for getting the work done would
be?
Manager Plunkett stated that he suggests that Council put $30,000 in the
Ordinance to cover the expenses.
Vice Mayor Marshall introduced Ordinance 25-94 appropriating 2$8,000 to
Account No. Al -7-E250 for structural repairs to 118 South Main Street and
appropriating 2$,000 to Account No. Al 2- -E230 for the survey to be completed at 118
South Main Street.
Mayor Eisenberg set the public hearing on Ordinance No. 25-94 for August 17,
1994, at 7:30 p.m.
Mr. Vance questioned if there was a way that Sensibilities Inc.,could get these
projects underway?Mr. Vance stated that Sensibilities Inc.,was willing to pay for the
repairs and get reimbursed by the Village. Mr. Vance stated that he was not asking for
special favors, but these repairing issues are holding up the opening date of the store.
LaW Director Hurst stated that his gut reaction is that reimbursement by the
Village will not fly. He stated that he believed that the lease agreement clearly states
that no improvements can by made without the consent of the required authority. Law
Director Hurst stated that the lease said that no improvement can be made without
approval of Council. He stated that improvements gets added to the amortization of the building. He stated that once the Council agrees to the improvement, a financial
commitment has been made. Mr. Hurst stated that the question then becomes how much of an improvement is the Village going to allow to that building.
Mr. Vance stated that at the last meeting, he had informed Council that the cost to repair the "shed"portion of the building would be $10,000. He stated that a little
more was included in the $10,000, in case footers were needed. He stated that
Sensibilities Inc.,had more money in the building than anyone anticipated. He stated that the door in the back will need to be brought to code because it will be seen as an exit. Mr. Vance stated that he did not like to come to the landlord concerning the roof repairs, however the leaking roof needs to be replaced because its structurally damaging the building.
Councilmember Vance stated that Sensibilities Inc.,has not done anything without showing Planning Commission and Council what they were going to do. Councilmember Garrett stated that everything had been presented to the Planning Commission however, no formal application had been submitted. Mr. Vance stated that he had sat down with the Village and had been informed that formal application was not needed for things that Sensibilities Inc.,was doing to benefit the Village property. He stated that the improvements underway now are nothing that Sensibilities Inc.,can take with them when the lease terminates. Mr. Vance stated that the lease states that approval should be obtained from the Planning
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Commission, BZBA or Village Council. He stated that he had received approvals from
both the Planning Commission and Council. He stated that he is trying to be extremely
sensitive in the matter. He stated that he had not been told to make formal application
however, if that is now going to be required, he will comply.
Councilmember Garrett stated that the Planning Commission stated that the
improvements were "nice". She stated that the Planning Commission had not given
their approval on anything.
Mr. Vance stated that he would beg to differ on that.
Mrs. Garrett stated that a vote was not taken by the Planning Commission
regarding the improvements. She stated that the Planning Commission's statement that
the improvements are "nice", was not their approval.
Mayor Eisenberg stated that these are issues that Law Director Hurst will
address in his analysis.
Mr. Vance stated that he wanted to clarify that when he mentioned earlier
seeking advice from his attorney, he did not have any thought of suing the Village. He
stated that he felt he should have time to seek legal advice, and that was not meant in
any way, shape or form that Sensibilities Inc.,is planning on suing the Village.
Ordinance No. 22-94, "An Ordinance To Amend Chapter 909 Of The Codified
Ordinances Of Granville, Ohio, Establishing Tree And Landscape Regulations And To
Repeal Existing Chapter 909 Of Said Codified Ordinances," was introduced and title
read by Councilmember Garrett.
Mayor Eisenberg set the public hearing on Ordinance No. 22-94 for August 17, 1994, at 7:30 p.m.
Ordinance No. 23-94, "An Ordinance To Adopt Chapter 1193 Of The Codified
Ordinances Of Granville Establishing Tree And Landscape Requirements," introduced and title read by Vice was mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 22-94 for August 17, 1994, at 7:30 p.m.
Ordinance No. 24-94, "An Ordinance Of The Village Of Granville, Ohio Approving The Transfer Of Control OF Times Mirror Cable Television Of Licking County, Inc.,F (ra"nchisee"F)r,om The Times Mirror Company To Cox Cable Communications Inc.w",as introduced and title read by Councilmember Freytag. Kevin Davis of Dimension Cable stated that he would like to ask that Council
pass the Ordinance as quickly as possible. He stated that he was present to answer any questions the Council may have concerning the ordinance.
The public hearing was set for August 17, 1994, at 7:30 p.m.
Ordinance No. 26-94, A"n Ordinance To Amend Sections IV and V Of Ordinance No. 2-89, Establishing Zoning Classifications Of Certain Properties Set Forth In Those
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Sections Of Ordinance No 2-89,"was introduced and title read by Councilmember
Montgomery.
Mayor Eisenberg set the public hearing for August 17, 1994, at 7:30 p.m.
Resolution No. 94-36"A Resolution To Authorize The Village Manager To Seek
Bids For Curbside Refuse, Yard Waste, And Recycling Materials Removal,"was
introduced, read in full, and moved for adoption by Councilmember Garrett..Seconded
by Councilmember Freytag. Resolution No. 94-36 was adopted.
Councilmember Freytag questioned whether Robert Sauer's complaint with the
power pole had been taken care of?
Manager Plunkett stated that he had spoken with Ohio Power and Dimension
Cable. Ohio Power stated that if Dimension would move their power box, they could
move the pole. He stated that he is waiting to hear back from Dimension Cable.
Manager Plunkett stated that originally, that power pole had been installed to
supply temporary-power for the construction of Wildwood Playground. He stated that
Mr. Sauer noted his complaint about the pole at that time. In the meantime, Dimension
Cable came along and placed their booster box and no one thought twice about it. Mr.
Plunkett stated that he is trying to accommodate Mr. Sauer.
Councilmember Vance, speaking on behalf of Sensibilities Inc.,asked about the
placement of the HVAC units at 118 South Main Street.
Law Director Hurst stated that he would like to see the results of the survey. He
stated that this issue could get complicated real quick.
Councilmember Montgomery asked if Mr. Vance was proceeding on the installation of the air conditioner units?
Mr. Vance stated that he had left the last Council meeting thinking that he had
permission to install the units. He stated that he had spoken with his electrician
Thursday but had asked him to hold off because he knew there was going to be problem. He stated that Sensibilities a Inc.,is waiting and trying to find out an appropriate screening. He stated that a point has been reached where there are alot of problems.
He stated that Sensibilities Inc.,has ordered much merchandise to be shipped soon. He stated that it would appear to him that there is a relationship between the landlord and tenant. He stated that obviously the landlord and tenant have obligations to each other. He stated that he is not asking for special consideration, but he has merchandise scheduled to be shipped and the building isn't going to be ready.
Law Director Hurst stated that Mr. Vance will find out something in the next few days.
Mr. Vance stated that he had other alternative locations for the placement of the HVAC units if Council was interested in seeing them. He stated that Sensibilities was willing to do whatever it takes to help eliminate the problem even if it means taking away some of the uses of the building.
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Council Meeting Minutes
August 3, 1994
Page 14
Councilmember Freytag asked Mr. Vance to leave his sketches with Council.
ADJOURNMENT
Councilmember Garrett moved to adjourn the meeting at 11: 00 p.m. Seconded
by Councilmember Montgomery. Motion carried.

Council Minutes JULY 20, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
JULY 20, 1994
CALL TO ORDER
Vice Mayor Marshall convened the meeting at 7:36 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Vance
Councilmember Freytag
Vice Mayor Marshall
Law Director Hurst
Manager Plunkett
Mayor Eisenberg arrived a few minutes later.
PUBLIC HEARING
A public hearing was held on Ordinance No. 17-94, " An Ordinance To Amend
Ordinance No. 43-93 Providing For Adjustment Of The Annual Budget For The Fiscal
Year 1994 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 17-94. The public
hearing closed at 7:37 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the July 6, 1994, regularly scheduled Council Meeting presented for review. Councilmember were Vance moved to approve the minutes as corrected. Seconded by Councilmember Garrett. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of June was presented for review. Mayor oEfistheensbeermg idniuretecste. d the clerk to file the report. A copy of that report is attached as part
MANAGER'S REPORT
The Manager's Report for the month of June was presented for review.
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July 20, 1994
Page 2
Councilmember Vance moved to approve the report. Seconded by
Councilmember Garrett. Motion carried. A copy of the Manager's Report is attached as
part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Mark Zarbaugh Sally MacPhail, Sentinel
Clifton Crais of North Pearl stated that he had met with Thalia Oster and Millie
Entrekin to discuss the committee which will be formed to study traffic conditions on
North Pearl Street. Mr. Crais stated that it would be wonderful if the committee could
make recommendations to the Council by October. He stated they had discussed the
issue of Granville becoming a "no through truck town."Mr. Crais asked if Council could install a few stop signs before the committee makes their recommendations?
COMMITTEE REPORTS
Councilmember Garrett stated that she had attended the Granville Board of
Township Trustee's meeting. At that meeting, the Township had moved to form VillageT/ownship a study group to investigate a Joint Parks and Recreation District. Mrs.
Garrett stated that the Township Trustees approved the motion and similar legislation will appear on the agenda tonight for Council's approval.
Councilmember Garrett reported on the July 18, 1994, Planning Commission
meeting. At that meeting, a number of architectural review applications had been
approved, the screening of the dumpster at Wildwood Park had been approved. The dumpster will be opened to the southwest, which is opposite the road and the shelter house. Gravel will be placed in front of the dumpster. The final plat for the Village Green at Erinwood had been approved as had Bryn Du Woods Phase IV's final plat. The McKivergin sign application had been approved as a new sign which is to have subdued colors. After the sign is made, it will need the approval of two Planning Commission members. The old sign will be allowed to remain in place until the new sign is finished. Mary Bline had been present at the Planning Commission meeting seeking permission to build another building off the side of her home for commercial use. A sign for the Cherry Valley Animal Clinic had been tabled because the applicant wasn't present.
Councilmember Shulman asked if there had been any clarification on the lighting of the ReMax sign?
Councilmember Garrett stated that lighting of the sign had not been discussed at the Planning Commission meeting.
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Council Meeting Minutes
July 20, 1994
Page 3
OLD BUSINESS
Ordinance No. 17-94, "An Ordinance To Amend Ordinance No. 43-93 Providing
For Adjustment Of The Annual Budget For The Fiscal Year 1994 And Revising Sums
For Operating Expenses,"was reintroduced, title read, and moved for adoption by Vice
Mayor Marshall. Seconded by Councilmember Vance.
Roll call vote: Freytag yes, Vance yes, Montgomery yes, Shulman yes, Garrett
yes, Marshall yes, Mayor Eisenberg yes. Seven yes votes. Ordinance No. 17-94 was
adopted.
NEW BUSINESS
Sensibilities Inc.,118 South Main Street
Councilmember Vance stated that the back portion of the building, which is
referred to as "the shed portion",located on the east end of the building, is decaying.
The big garage doors are rotten, and the walls and roofing are deteriorated to bad
condition. Mr. Vance stated that he had had an architect look at how one might replace
the structure with something appealing and in conformance with the building. He stated
that the solution would be to basically take all the wooded part off of the east wall and
remove the existing roof, replacing it with a similar roof structure identical to what is
present. He stated Sensibilities Inc.,would like to install sliding patio doors where the wooden garage doors are, to keep in conformance.
Mr. Vance stated that in accordance with the lease agreement, the outside
structural roofing and the walls are the responsibility of the Village. He problem stated that one is that it's unknown if a footer is in the back section. He stated that today's building code would require a footer. He stated that a backhoe could dig a small hole to find out if a footer exists. Mr. Vance stated that the estimated cost of fixing the back section according to his plans is about $15,000.
Councilmember Montgomery asked if the estimate included the cost of the footers?
Mr. Vance stated that there was some money in the estimate for footers. Mayor Eisenberg stated that it's the Village's obligation to maintain the building in a safe and sound condition. He stated that in his opinion, Council should take bids to see what it would take to restore the "shed portion"in a safe and sound condition. He stated that beyond the necessities, the Village should not contribute to the improvement.
Councilmember Vance stated that if there was any way to save the back portion of the building, Sensibilities would do it.
Mayor Eisenberg stated that any component builder could look at the building and give an estimate on how much it would take to fix the "shed portion".
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July 20, 1994
Page 4
Councilmember Vance asked that someone look at the building as soon as
possible because Sensibilities has an opening date and this is holding things up.
Manager Plunkett stated that he would call several contractors and have them
give an estimate. He stated that he can't assure how quickly it will be done because
this is a busy time for contractors.
Mayor Eisenberg stated that the Village will contribute no more than the
minimum requirements to fix the building. He stated that legislation would have to be
passed to appropriate the money.
Councilmember Vance stated that the second item he wanted to discuss on
behalf of Sensibilities was the location of the HVAC units. He stated that he had had a
discussion with Ms. McKivergin (the building's neighbor to the south),concerning a
joint trash holding area. He also spoke with her concerning the location of the HVAC
units. He stated in his opinion, the best place to install the units would be the south
side of the building, towards the back, beside the McKivergin property. Mr. Vance
stated that if the units were located on the north side of the building facing the park,
one of the larger trees in the area would have to be removed and it would block one of the doors.
Mr. Vance stated that a Planning Commission member suggested that the units
be placed on the roof. Mr. Vance stated in his opinion, the roof was not an appropriate
place because the units are heavy and would most likely cause the roof to leak. Mr.
Vance stated that Ms. McKivergin does not want the units placed on the south side of
the building beside her property because it's where she enters her residence.
Manager Plunkett the stated that he agrees that the units should not be placed on roof.
Councilmember Garrett stated that the units should not be placed on the north side of the building beside the park.
Mayor Eisenberg stated that he thought there was a consensus of Council that the units should be placed on the south side of the building. Mayor Eisenberg directed Manager Plunkett to write Ms. McKivergin a letter informing her that the units will be placed on the south side of the building and screened by landscaping.
Councilmember Garrett stated that the Zoning Code requires that X" "number of parking places will be available for "X"amount of square footage.
Ms. Garrett stated that she did not think that the building at 118 South Main Street would have enough parking places. Mrs. Garrett stated that Mary Bline is facing this issue and will be appearing before the BZBA at their next meeting. She stated that there may be a problem if the board does not grant Mrs. Bline permission. Councilmember Vance stated that the Village has given Sensibilities Inc., permission to run their business at that location. He stated that the Village was aware of the type of business going in their when they leased the building to Sensibilities Inc.
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Village of Granville
Council Meeting Minutes
July 20, 1994
Page 5
Ordinance No. 189- 4, A'n Ordinance To Amend Ordinance No. 439-3 Providing
For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums
For Operating Expenses And Declaring An Emergency,"was introduced and title read
by Councilmember Garrett. Councilmember Garrett moved for adoption of Section 111,
the emergency clause, and read that section in its entirety. Seconded by Vice Mayor
Marshall.
Roll call vote. Garrett yes, Shulman yes, Montgomery yes, Vance no, Freytag
no, Marshall yes, Mayor Eisenberg yes. Five yes votes. The emergency clause was
adopted.
Councilmember Garrett then moved for passage of Ordinance No. 18-94.
Seconded by Vice Mayor Marshall.
Councilmember Vance stated that he was against the street painting in its
present form. He stated that in his opinion, some items could be eliminated from
painting.
Roll call vote: Freytag yes, Vance no, Montgomery yes, Shulman yes, Garrett
yes, Marshall yes, Mayor Eisenberg yes. Six yes votes one no vote. Ordinance No. 18-
94 was duly adopted.
Ordinance No. 19-94, "An Ordinance To Amend Chapter 1189 Of The Granville
Codified Ordinances Of Granville, Ohio Establishing Sign Regulations And To Repeal
Existing Chapter 1189 Of Said Codified Ordinances,"was introduced and its title read by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 19-94 for August 3, 1994, at 7:30 p.m.
Ordinance No. 20-94, "An Ordinance To Approve The Covenant Agreement For Phase IV Of Bryn Du Woods /The Colony At Bryn Du,w"as introduced and its title read by Councilmember Freytag.
Mayor Eisenberg set the public hearing on Ordinance No. 20-94 for August 31, 1994, at 7:30 p.m.
Ordinance No. 21-94, A" n Emergency Ordinance Enacted By The Village of Granville, Licking County, Ohio, In The Matter Of The Herein After Described Improvement, And To Request Cooperation By The Director Of Transportation,w"as introduced and its title read by Councilmember Montgomery.
Councilmember Montgomery then moved for adoption the emergency section and read it in its entirety. Seconded by Councilmember Vance.
Roll call vote: Montgomery yes, Vance yes, Freytag no, Shulman yes, Garrett syeecst,ioMnarshall yes, Mayor Eisenberg yes. Six yes votes, one no vote. The emergency was adopted.
Councilmember Montgomery moved to adopt Ordinance No. 21-94. Seconded by Councilmember Vance.
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Council Meeting Minutes
July 20, 1994
Page 6
Roll call vote: Marshall yes, Garrett yes, Shulman yes, Montgomery yes, Vance
yes, Freytag yes, Mayor Eisenberg yes. Seven yes votes. Ordinance No. 21-94 was
adopted.
Resolution No. 94-30, "A Resolution To Establish A North Pearl Street Study
Commission To Review Traffic Conditions On North Pearl Street And To Make
Recommendations To The Village Council Thereon,"was introduced, read in full, and
moved for adoption by Councilmember Freytag. Seconded by Vice Mayor Marshall.
Motion carried. Resolution No. 94-30 was duly adopted.
Resolution No. 94-31, "A Resolution To Award The Bid For The Repaving Of
Village Streets To The Shelly Company And To Authorize The Village Manager To
Enter Into An Agreement Therefore,"was introduced, read in full, and moved for
adoption by Councilmember Shulman. Seconded by Councilmember Freytag.
Service Director Mark Zarbaugh stated that the bid price for the paving of streets
came in approximately 2$4,000 lower than what had been appropriated. He suggested
that Council expand the 1994 paving project by adding more Village streets.
Vice Mayor Marshall asked if the project would have to go to bid again with the addition of the streets?
Manager Plunkett stated that because of the low unit price per ton, Council could
expand the project without going to bid if they choose. He stated that this was an opportunity, not an obligation.
Councilmember Vance stated that the brick portion of Burg Street is in need of
some repair. He stated that the Village should take some of the money to repair that bad section on Burg Street.
Service Director Mark Zarbaugh stated that repairing Burg Street would be a very labor-intensive project which would take many man hours. He stated that
presently, the Service Department has seven full-time and three seasonal laborers. He stated that the department has many projects that need to be finished before the
weather gets cold. ( Mr. Zarbaugh distributed his project schedule for the Service
Department to Council.H) e stated that contracting out the street painting would free up dsoomnee. man hours to use on other projects, however, there was still alot of work to be
Manager Plunkett stated that the Council and the staff are constantly laying additional work on the Service Department who already have a full schedule. After a discussion, Council directed the Manager to review additional streets to ibnetepraevset.d with the Service Director and make a decision of what is in the Village's best
Council then voted on Resolution No. 94-31, (all ayes)and it was duly adopted.
Resolution No. 943- 2, A" Resolution To Award The Bid For Street Painting and Striping To Trafftech Inc.,And To Authorize The Village Manager To Enter Into An
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July 20, 1994
Page 7
Agreement Therefor", was introduced, read in full, and moved for adoption by Vice
Mayor Marshall. Seconded by Councilmember Freytag. Motion carried. Resolution No.
94-32 was duly adopted. (Councilmember Vance was opposed.)
Resolution No. 94-33, "A Resolution To Authorize The Village Manager To
Advertise For Bids For The Construction Of Sidewalks On West Broadway", was
introduced, read in full, and moved for adoption by Councilmember Montgomery.
Seconded by Councilmember Garrett. Motion carried. Resolution No. 94-33 was duly
adopted.
Resolution No. 94-34, "A Resolution To Establish Fees By The Village For
Documents Sold To The Public," was introduced, read in full, and moved for adoption
by Councilmember Vance. Seconded by Vice Mayor Marshall. Motion carried.
Resolution No. 94-34 was duly adopted.
Resolution No. 94-35, "A Resolution To Create a Joint Parks And Recreation
Study Committee In Concert With The Board Of Trustees Of Granville Township And
To Authorize The Mayor To Appoint A Councilmember Representative And Two
Citizens Of The Village," was introduced, read in full, and moved for adoption by Councilmember Garrett. Seconded by Vice Mayor Marshall.
Councilmember Garrett stated at the Granville Township Trustee meeting, it had
been decided to form a seven member committee to review the opportunities possible in a joint Parks and Recreation Commission. Mrs. Garrett stated that Paul Treece and
she had decided that three members should be from the Township, three should be
from the Village, and the seventh member be appointed by the entire committee.
Councilmember Shulman stated that in his opinion, one member of the committee should be a member of the Recreation Commission.
The motion was carried, Resolution No. 94-35 was adopted.
ADJOURNMENT
Councilmember Councilmember Vance moved to adjourn the meeting at 9:53 p.m. Seconded by Freytag. Motion carried.

Council Minutes JULY 6,1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
JULY 6,1994
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 Montgomery
Councilmember Freytag
Councilmember Vance
Vice Mayor Marshall
Manager Plunkett
Councilmember Garrett moved to excuse absentee Law Director Hurst. Seconded by
Councilmember Vance. Motion carried. Mayor Eisenberg arrived a few moments later.
PUBLIC HEARING
A public hearing was held on Ordinance No. 16-94, " An Ordinance To Amend
Ordinance No. 43-93 Providing For Adjustments Of The Annual Budget For The Fiscal Year
1994 And Revising Sums For Operating Expenses."
No one was present to speak for or against Ordinance No. 16-94. The public hearing
closed at 7:36 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of June 15, 1994, were presented for
review. Councilmember Garrett moved to approve the minutes as corrected. Seconded by
Councilmember Vance. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Kimberly Salvage
Lisa, Jim, and Katie McKivergin
Richard Salvage C. Crais
Clifton Crais of North Pearl Street traffic control on North Pearl Street. was present to inquire on the progress regarding
Manager Plunkett stated that he had received the federal routing regulations for hazardous materials from ODOT. Mr. Plunkett stated that he had suggested that Council appoint a committee consisting of two citizens in the North Pearl Street area and a Councilmember from the Streets and Sidewalks Committee to discuss those issues and bring a recommendation to the entire Council.
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Council Meeting Minutes
July 6, 1994
Page 2
Kimberly Salvage of Berline Court stated that when she was 14 years old she had
brought a petition to the Council from citizens in the Fern Hill area who would like sidewalks
installed along Newark-Granville Road. Ms. Salvage stated that she had registered to vote
today and there were still no sidewalks in that area. Ms. Salvage stated that out of desperation
she would now ask the Council to add a 2 foot shoulder to the side of the road so that
pedestrians could at least get off the road, away from traffic.
Councilmember Garrett stated that the areas in the Village in need of sidewalks had
been prioritized, and Newark-Granville Road was then ranked third on the list. Mrs. Garrett
stated that the Village had twice applied to the state for funds for the installation of sidewalks.
She stated that it is not a lack of interest, but that life moves slowly in the democratic process.
Manager Plunkett stated that there are three things underway that will help Newark-
Granville Road obtain sidewalks. He stated that Bob Kent's new addition of Bryn Du Woods
Phase IV will require a pathway outside the right of way. The Erinwood PUD will also include a
pathway which will be wider than a sidewalk on the north side of Newark-Granville Road.
Manager Plunkett stated that the Village Planner has completed a bikeway plan for pathways
to be installed throughout the village. Manager Plunkett stated that two applications to ODOT
for sidewalks near the high school and along West Broadway to Wildwood Park, have been submitted (ISTEA projects).
COMMITTEE REPORTS
Councilmember Montgomery stated that she and Councilmember Garrett had attended the June 3 Granville Township Trustee's meeting. At that meeting, they with the had engaged in dialog trustees concerning the possibility of a joint Parks and Recreation Commission. Mrs.
Montgomery stated that the trustees indicated they would let Council know by July 13 if they were interested in talking about the issue.
Councilmember Garrett stated that she had suggested that a committee be formed to discuss the issue. Mrs. Garrett stated that she and Mrs. Montgomery made it perfectly clear that Council did not want to take over the Recreation Commission.
Councilmember Montgomery reported on the Planning Commission's June 20 meeting. At that meeting, the commission had approved a lot split application on West Broadway, a fence was approved on East Broadway, and there was discussion concerning a dumpster placed at Wildwood Park. The commission granted permission to place the dumpster at Wildwood, however they requested a site plan for the screening of the dumpster. Councilmember Montgomery stated that the concern was that if the dumpster wasn't placed on a solid foundation, the ground could become very messy around the dumpster. There was a lengthy discussion concerning the umbrella signs at Victoria's and Brews sidewalk cafes. Some of the Planning Commission members expressed their belief that the umbrellas were an advertisement which needed approval according to the sign code. Village Planner Doug Tailford was instructed to write to the cafe owners instructing them to come before the Planning Commission next year.
OLD BUSINESS
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Council Meeting Minutes
July 6, 1994
Page 3
Ordinance No. 16-94, " An Ordinance To Amend Ordinance No. 43-93 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For
Operating Expenses," was reintroduced, title read, and moved for adoption by Councilmember
Garrett. Seconded by Councilmember Vance.
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Vance yes, Freytag yes,
Marshall yes, Mayor Eisenberg yes. Seven yes votes. Ordinance No. 16-94 was adopted.
NEW BUSINESS
McKiverain Sign Appeal
Councilmember Vance stated that he would abstain from discussion on the issue.
Lisa McKivergin of 124 South Main Street stated that she feels that without a shadow of
doubt, the red, white, and blue colors had been discussed and approved at the Planning
Commission meeting. She stated that she had had color photographs of the sign and
distributed them to the Planning Commission members. Mrs. McKivergin stated that the actual
sign did take her by suprise. She stated that the sign ordinance is pretty liberal, and that the
sign ordinance needs to be addressed if people do not like the sign which had been approved.
She stated that when you look at the graphics of the sign installed, they are different than what
was approved. She stated that she was just appealing the red, white, and blue colors which she feels was approved.
Councilmember Garrett stated that she had not been on the Planning Commission the time at that Mrs. McKivergin's sign was approved. She stated that she had seen the sign that
was installed and has a drawing of the sign that had been approved. The sign installed is not the same sign approved by the Planning Commission. Mrs. Garrett stated that the Planning Commission had denied a sign last month because of color. Mrs. Garrett stated that as a wperirtsinogn.who had not been at the Planning Commission meeting, she had to go with what is in
colors. Mrs. McKivergin stated that there was not a place on the application to put the sign
Councilmember Garrett stated that the sign code stated that the colors must be subdued.
Mayor Eisenberg stated that this was a simple case where the sign installed is not what wwhaastaispproved. Mayor Eisenberg stated that as far as he can see, the sign installed was not approved.
Councilmember Garrett stated that Mrs. Mckivergin erected a sign not approved by the CPolamnnminisgsiConommission .She stated that Mrs. McKivergin would have to go back to the Planning and reapply.
Mrs. McKivergin stated that she agrees that the actual sign installed is not what had been approved, however she feels that the colors were approved. She stated that if you ask the Village Planner what color he expected the sign to be, he'd say red, white and blue. Councilmember Garrett moved that the appeal be denied.
Mrs. McKivergin stated that the only thing she is appealing is the red, white, and blue colors. She stated that in her opinion, the colors had been approved.
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July 6, 1994
Page 4
Mayor Eisenberg stated that the decision on graphics and color is up to the Planning
Commission. He stated that Council was just hearing the appeal.
Councilmember Montgomery seconded the motion to deny the appeal.
Roll call vote: Montgomery yes, Vance abstain, Shulman yes, Garrett yes, Freytag yes,
Marshall yes, Mayor Eisenberg yes. Six yes votes, the appeal was denied.
Councilmember Montgomery stated that she had asked at the Planning Commission
meeting why there was not a place on the application for color. She stated that the application
should at least state what the code says. She stated that the response from the Planning
Commission was that it is the applicant's responsibility to get the information. Mrs. Montgomery
stated that there was no place on the application that mentioned colors, and perhaps the
application should be changed.
Manager Plunkett stated that the application was a basic zoning application. He stated
that perhaps it was time to consider a new application for signs alone.
Vice Mayor Marshall stated that the Village Planner could probably draw up a new sign
application form.
Manager Plunkett stated that he would direct Mr. Tailford to make a new sign
application.
Ordinance No. 17-94, " An Ordinance To Amend Ordinance No. 43-93 Providing For
Adjustment Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For
Operating Expenses," was introduced and title read by Mayor Eisenberg.
Vice Mayor Marshall set the public hearing on Ordinance No. 17-94 for July 20, 1994, at 7:30 p.m.
Resolution No. 94-27, " A Resolution To Appoint A Member To The Granville Tree And Landscape Commission," was introduced, read in full, and moved for adoption by
Councilmember Garrett. Seconded 942-7 by Councilmember Freytag. Motion carried. Resolution No. was duly adopted.
Resolution No. 942- 8, A" Resolution Of Appreciation To Marc Brockman For Five Years Of Devoted Service To The Village Of Granville Through His Participation On The Tree And Landscape Commission"w, as introduced, read in full, and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Vance. Motion carried. Resolution No. 94-28 was duly adopted.
Resolution No. 942-9, A" Resolution To Adopt The 1995 County Tax Budget As Proposed And To Direct The Village Manager To Submit It To The County Auditor,was introduced, read in full, and moved for adoption by Councilmember Freytag. Seconded by Councilmember Vance. Motion carried. Resolution No. 94-29 was duly adopted.
Manager Plunkett stated that he had received the federal hazardous materials routing regulations from ODOT and had suggested that Council appoint a committee to review those regulations to see what the next appropriate steps, if any, and to suggest alternate routes. Manager Plunkett stated that he figured Mr. Crais would like to serve on the committee.
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July 6, 1994
Page 5
Mr. Crais stated that he would be out of town alot over the next year however, he would
be glad to assist the committee when he is home. He stated that from the conversations he
has had with the residents and from his survey results, the issue extends beyond just the
hazardous material traveling on North Pearl Street. He stated that the speed of traffic is also a
problem. He stated that everyone he talked to is concerned with the speed of traffic, especially
with the amount of children who walk in the area.
Vice Mayor Marshall asked Mr. Crais if he felt the posted speed limit was appropriate?
Mr. Crais stated that he thought the speed limit was appropriate but motorists did not
obey the speed limit. He stated that if you only coast down the hill, you will be speeding
through town. He stated that perhaps new signage would control the speed and flow of traffic.
Councilmember Garrett stated that if one travels on North Pearl Street from Cedar
Street, as you come to the incline and proceed around the corner, by the time you get to the
Chamber's residence, you are traveling 30 mph.
Manager Plunkett stated that the issue had been argued with ODOT before. He stated
that had the 25 mph speed limit not been journalized along time ago, ODOT would have raised
the speed on that road in 1987.
Mr. Crais asked if the Council had sought legal advice on what power Council had
regarding traffic control on North Pearl Street.
Manager Plunkett stated that the Village could not install stop signs without adding
some liability to the Village which will govern what can be put up. He stated that if the Village
installed a sign to control speed that wouldn't be justified. Without justification, the Village
could be liable for anything that happens as a result.
Councilmember Vance stated that the citizens in the area could petition ODOT.
Mr. Crais stated that he was impressed by the police presence in the area. He stated
that the police seem to be picking up someone every 10 -12 minutes.
Councilmember Vance stated that he liked the idea of a committee being formed with
residents in the area to look at all the issues. He stated that the committee Council could get back to with suggestions. „
Mr. Crais stated that there were plenty of citizens in the area that would be willing to serve on the committee.
Mayor Eisenberg stated that the Village has always tried to avoid having a reputation of speed traps in the Village. He stated that the Village is careful to avoid heavyh-anded enforcement.
Councilmember Freytag stated that in his opinion, it is impossible to have a suit against the Village for installing a stop sign. Mr. Freytag stated that he had never heard of that. He stated that he did not think liability was an issue.
Mayor Eisenberg suggest that rumble strips could be installed for speed control. Mr. Crais stated that this was a very serious issue. He stated that more results have come in regarding his survey. He stated that people are leaving the area because of the situation which is pretty bad in a community that is highly desirable.
Manager Plunkett stated that the rumble strips could be installed quickly and easily. He stated that he would contact ODOT for approval.
Councilmember Montgomery asked if a traffic study was to be done in the area, would the Village have to pay for it?
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July 6, 1994
Page 6
Manager Plunkett stated that yes the Village would be responsible for paying for a
traffic study. Mr. Plunkett stated that Clyde E. Williams had been hired as the Village traffic
engineer. He stated that if Council is interested, they could hire a professional to study the
area and make recommendations.
Councilmember Vance stated that in his opinion, the residents in the area are looking
for something different than what is customary. He stated that what is customary is not working
for them. Councilmember Vance stated that in his opinion, if a traffic study is performed, there
will not be enough traffic to justify any change.
Vice Mayor Marshall asked for volunteers to serve on the committee.
Mr. Crais stated that he would have the names of two area residents in that area to
serve on the committee by the next Council meeting.
Councilmember Montgomery stated that she would like to see the statistics on the
survey in terms of how many surveys were sent out and how many were received back.
MEETING ANNOUNCEMENTS
The next Planning Commission meeting will be Monday, July 18, 1994.
The next Council meeting will be July 20, 1994.
ADJOURNMENT
Councilmember Vance moved to adjourn the meeting at 8:53. Seconded by Councilmember Garrett. Motion carried.

Council Minutes JUNE 15,1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
JUNE 15,1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:33 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Vance
Councilmember Freytag
PUBLIC HEARING
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
A public hearing was held on Ordinance No. 15-94, "An Ordinance To Amend
Ordinance No. 43-93 Providing For Adjustments Of The Annual Budget For The Fiscal
Year 1994 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 15-94. The public
hearing closed at 7:34 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the June 1, 1994, Council meeting were presented for review.
Councilmember Garrett moved to approved Vice Mayor the minutes as submitted. Seconded by Marshall. Motion carried.
MAYOR'S REPORT
The Mayor's report for the month of May was presented for review. Mayor Eisenberg directed the clerk to file the report. A copy of that report is attached as part of these minutes.
MANAGER'S REPORT
The Manager's report for the month of May was presented for review. Vice Mayor Marshall moved to approve the report. Seconded by Councilmember Vance. Motion carried. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Mary Jane Williams Barbara Roidl Keith Ward A. Janssen
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Village of Granville
Council Meeting Minutes
June 15, 1994
Page 2
Susan Karian
C. Kenah
Mark Zarbaugh Ralph &Linda Schwarz
Keith Ward of 121 Shepardson Court was present to voice comments and
concerns he had as a resident in his neighborhood and as a Granville citizen who is
excited about preserving green space in the Village. He stated that he had recently
heard that the wooded property on the west side of Shepardson is going to be for
sale. He stated that he is concerned as a neighbor because of the potential impending
major development. He is very concerned about the over crowding and character of
his neighborhood. He would like to see those wooded lots preserved. The names of
the people supporting him are Ann Shaver, Ralph and Linda Schwarz, Bob and Jill
Leonard, Michael and Vanessa Fuson, Libby Smith, and Jerry and Allen Williams,
Kate and Chris Kenah, and Mrs. Skivington. He stated that he would like to encourage
Council to consider conserving the land by purchasing it and making the property a
part of Sugar Loaf Park. They asked the Council to think about purchasing that to
protect Sugar Loaf Park and to encourage the building of trails so that the entire
community could more readily enjoy it. Mr. Ward stated that the space will disappear if
it is developed. He stated that he has come to the Council with a sense of because the land will urgency not last until the next fiscal year.
Councilmember Vance stated that Council had discussed the issue at the June
22 meeting, but the actual property that is for sale was not then (or yet)known.
Mr. Ward stated that he thought a total of seven lots were available. He stated
that their suspicions had been aroused because there were surveyors at the site talking about 75 foot frontages.
Councilmember Vance asked if they knew an asking price for the property?
Mary Jane of 475 W Broadway stated that the property is not yet listed and a price is not available. She stated that she had spoken to the surveyors and it was her suspicion that the entire lots were to be sold.
Mayor Eisenberg stated that in his opinion, the land conservancy group is who Mr. Ward should be talking to not the Village Council. Mayor Eisenberg stated that Granville already has a substantial amount of park and recreational areas for its size. Mayor Eisenberg stated that he is not sure that on a list of priorities, purchasing the property would rank high on things needed for the Village. Mr. Eisenberg stated that if the citizens think it's important enough, it should be taken to the land conservatory group.
Mr.Ward stated that he wanted to work in whatever way would best service the community. His concern is they may not be moving fast enough. He stated that when the land is gone, its gone. He stated that this very large beautiful wooded lot which is adjacent to Sugar Loaf Park will disappear and affect the character of Sugar Loaf wPiallrkd.isMaapnpyeatrre.es will have to be removed and green space now used by wild animals
After a long discussion, Mayor Eisenberg suggested that Mr. Ward and his supporters contact the foundations in town. He stated that perhaps the Granville
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Council Meeting Minutes
June 15, 1994
Page 3
Foundation or the Evans Foundation would be interested in helping to purchase that
property.
Arie Janssens of 764 Newark Road stated that although he was gone three
weeks in May, he twice had to seek refuge in the middle of the downtown crosswalk
because the motorists would not stop for him. He stated that when you stand at the
intersection and look at the walk, you can not see the light, all the motorist sees is the
sign that says "no U-turn". Mr. Janssens stated that in his opinion, if the there was
only one sign that said "yield to pedestrians,"that would help the situation. Mr.
Jansses stated that the crosswalk needs to be repainted. He stated that the paint
would help identify the crosswalk.
Mayor Eisenberg stated that the light at the crosswalk is not a traffic light. The
red flashing light was installed to warn the pedestrians that it was a dangerous
crossing.
Mr. Janssens stated that it may help to remove the No U-turn sign sign and install a reading "Stop for Pedestrians in Crosswalk."
Councilmember Freytag stated that the crosswalk was dangerous. He stated
that it needed to be repainted and the signage needs proper allocation. Mr. Freytag
stated that perhaps the Village should consider putting bumps in the road and try to find a better sign configuration.
Service Director Mark Zarbaugh stated that he had met with ODOT concerning
the crosswalk. A stop sign can't be placed at the crosswalk because of the traffic
control on Broadway and Prospect Street. Mr. Zarbaugh stated that it may be possible to obtain ISTEA funds to perform a study on the crosswalk.
Mr. Janssens stated that he would like to request that Mr. Plunkett explain the U-turn policy to the population in his column in the Sentinel.
COMMITTEE REPORTS
Councilmember Freytag reported on the Recreation Commission's meeting of June 7, 1994. The main topic of interest at that meeting was the legal status of the Recreation Commission. The Township Trustees have been cited by the State Auditor's Office for contributing funds to the Recreation Commission.
Manager Plunkett stated that he and Township Clerk Norm Kennedy have been discussing the possibility of establishing a Park District much like the Union Cemetery Board. Manager Plunkett stated that the issue should be a community wide issue. Councilmember Garrett stated that perhaps she and Councilmember Montgomery should attend the next Township meeting to discuss the issue. Mrs. Garrett and Mrs. Montgomery were directed to attend the Township meeting to discuss the issue on behalf of the Council.
Councilmember Garrett reported on the Planning Commission meeting. At that meeting, the commission ruled that the ReMax sign that was recently installed is not
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Village of Granville
Council Meeting Minutes
June 15, 1994
Page 4
the sign that was approved in May, 1993. The colors of the sign had not been
approved. Mrs. McKivergin has been notified that her sign is not in compliance.
A sign at the Avery's business and two signs for Mr. Kent's property were
approved. Councilmember Vance attended the meeting to inform the Planning
Commission of the improvements being undertaken by Sensibilities Inc. at 118 South
Main Street.
Vice Mayor Marshall reported on the Tree &Landscape Commission meeting
of June 7, 1994. At that meeting, Chairman Marc Brockman presented his resignation
because of work and family responsibilities. Mr. Brockman suggested Mike Flood be
his replacement.
Manager Plunkett stated that he would need to talk to Mike Flood, informing
Mike that if he takes the position, he will not be able to bid on Granville projects.
OLD BUSINESS
Resolution No. 94-25, "A Resolution To Authorize The Village Manager To
Advertise For Bids For The Painting And Striping Of Streets.
Councilmember Garrett moved to removed Resolution No. 94-25 from the
table. Seconded by Vice Mayor Marshall.
Service Director Mark Zarbaugh stated that bidding the street painting would
free up man hours allowing the Service Department to accomplish many other
projects. Mr. Zarbaugh stated the issue had been discussed at the Street &Sidewalk
committee meeting, and there was concern expressed as to there being too much street painting. Mr. Zarbaugh stated that he had prepared a memo outlining the
guidelines for street painting. Mr. Zarbaugh stated that the memo also has questions that need some answers so that he has some direction as what to do.
After a discussion, Councilmember Vance stated that he had brought the issue
up because he felt that there is excessive street painting in the Village. He stated that in certain places street paint, signs, and cross hatching exists, and he thinks that is
unnecessary. He stated that he is not asking the Village to remove anything that is going to be unsafe or against the law.
Councilmember Garrett moved Resolution No. 94-25 for adoption.
Resolution No. 94-25 was adopted. ( Councilmember Vance opposed).
Ordinance No. 15-94, "An Ordinance To Amend Ordinance No. 43-93 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For Operating Expenses,w"as reintroduced, title read and moved for adoption by Councilmember Freytag. Seconded by Councilmember Garrett. Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Vance yes, Freytag ayedso,pMteadr.shall yes, Mayor Eisenberg yes. Seven yes votes. Ordinance No. 159-4 was
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Council Meeting Minutes
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Councilmember Montgomery asked if the property owners who were recently
added to the Architectural Review District should receive notice that they are now in a
different district?
Manager Plunkett stated that it was advertised in the Sentinel and posted at the
three locations.
Mayor Eisenberg stated that he thought it would be a good idea to send the
residents a letter notifying them of the change. That will be done by the municipal
staff.
NEW BUSINESS
Resolution No. 94-26, "A Resolution To Authorize The Village Manager To
Advertise For Bids For Repaving Of Streets," was introduced, read in full and moved
for adoption by Vice Mayor Marshall. Seconded by Councilmember Freytag. Motion carried.
Councilmember Vance asked if the short area from College Street to the brick
could be added in with this paving project?
Manager Plunkett stated that if its the consent of Council to add that section it could be done.
Council agreed to add that section.
Resolution No. 94-26 was adopted.
Ordinance No. 16-94, "An Ordinance To Amend Ordinance No. 43-93
Providing For Adjustments Of The Annual Budget For The Fiscal Year 1994 And
Revising Sums For Operating Expenses," was introduced, and title read by Councilmember Garrett.
Mayor Eisenberg set the public hearing for July 6, 1994, at 7:30 p.m.
ADJOURNMENT
Councilmember Vance moved to adjourn the by Councilmember meeting at 9:30 p.m. Seconded Garrett. Motion carried.

Council Minutes JUNE 1, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
JUNE 1, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:35 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Freytag
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Councilmember Garrett moved to excuse Councilmember Montgomery. Seconded by
Councilmember Freytag. Motion earned.
PRESENTATION OF RESOLUTION
Mayor Eisenberg asked June Bennett, formerly of the Tree &Landscape Commission, to
come forward for the presentation of Resolution No. 94-3. Mayor Eisenberg read the Resolution in its entirely, and presented Mrs. Bennett with a framed copy of Resolution No. 94-3, on behalf of the Council and the residents of Granville.
Mrs. Bennett thanked the her Council, stating that she had appreciated and enjoyed every year of service.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 11-94,A 'n Ordinance To Add Section 125.11
g)3()To The Codified Ordinances Of The Village Of Granville To Provide A Means For Sale Or Disposition Of Low Value Surplus Or Forfeited Property."
No one appeared to speak for or against Ordinance No. 11-94. The public hearing closed at 7:39 p.m.
A public hearing was held on Ordinance No. 129- 4,A 'n Ordinance Amending The Granville Zoning Ordinance And The Official Zoning Map Attached Thereto, By Amending The Boundaries Of The Architectural Review Overlay District As Shown On The Accompanying Map." closed No one appeared to speak for or against Ordinance No. 129-4. The public hearing was at 7:39 p.m.
A public hearing was held on Ordinance No. 139-4, A«n Ordinance To Amend Section 1161.01 Of The Codified Ordinances Of The Village Of Granville."
7:40 No one appeared to speak for or against Ordinance No. 139-4. The public hearing closed at p.m.
A public hearing was held on Ordinance No. 149- 4, A'n Ordinance To Amend Ordinance No. S4u3m9-3s Providing For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising For Operating Expenses."
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Council Meeting Minutes
June 1, 1994
Page 2
No one appeared to speak for or against Ordinance No. 14-94. The public hearing closed at
7:41 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of May 18, 1994, were presented for review.
Councilmember Garrett moved to approve the minutes as submitted. Seconded by Vice Mayor
Marshall. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Sally MacPhail, Sentinel
June Bennett
Joe Hickman
Donald Bennett
Councilmember Vance arrived.
No comments, questions, or concerns were voiced at this time.
OLD BUSINESS
J. Siegel
Ordinance No. 11-94, «An Ordinance To Add Section 125.11 g( )3()To The Codified Ordinances Of The Village Of Granville To Provide A Means For Sale Or Disposition Of Low Value Surplus Or Forfeited Property,w"as reintroduced, title read and moved for adoption by Councilmember Garrett. Seconded by Vice Mayor Marshall.
Roll call vote: Garrett yes, Shulman yes, Montgomery absent, Vance yes, Freytag yes, Vice Mayor Marshall yes, Mayor Eisenberg yes. Six yes votes, one member absent. Ordinance No. 11-94 was duly adopted.
Ordinance No. 129- 4, A'n Ordinance Amending The Granville Zoning Ordinance And The Official Zoning Map Attached Thereto, By Amending The Boundaries Of The Architectural Review Overlay District As Shown On The Accompanying Map,w"as reintroduced, title read, and moved for adoption by Councilmember Freytag. Seconded by Councilmember Vance.
Councilmember Garrett stated that when the issue of expanding the Architectural Review District was first discussed, the purpose was to bring the boundary line across the street in the areas where the line ended in the middle of the street. Mrs. Garrett stated that the Ordinance Council is considering now adds some additional areas. Mrs.Garrett stated that she was speaking for herself and for Councilmember Montgomery saying the other areas are an unnecessary addition. Mrs. Garrett stated that it would be adequate to extend the boundary line to the other side of the street. Mayor Eisenberg stated that the issue had been discussed at a work session and at the last Council meeting. He stated that Council should either accept or reject the Ordinance. Mayor Eisenberg stated that a yes vote would slightly expand the district, a no vote would keep the boundaries as they currently exist.
Roll call vote: Freytag yes, Vance yes, Montgomery absent,Shulman yes,Garrett no,Vice aMdaoypotredM.arshall yes, Mayor Eisenberg yes. Five yes votes, one no vote. Ordinance No. 129-4 was 1
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Council Meeting Minutes
June 1, 1994
Page 3
Ordinance No. 139- 4, A'n Ordinance To Amend Section 1161.01 Of The Codified Ordinances
Of The Village Of Granville," was introduced, title read, and moved for adoption by Vice Mayor
Marshall. Seconded by Councilmember Freytag.
Roll call vote: Marshall yes, Garrett yes, Shulman yes, Montgomery absent, Vance yes,
Freytag yes, Mayor Eisenberg yes. Six yes votes, one member absent. Ordinance No. 13-94 was
adopted.
Ordinance No. 149- 4, A'n Ordinance To Amend Ordinance No. 439-3 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For Operating
Expenses,"was introduced, title read, and moved for adoption by Councilmember Shulman.
Seconded by Councilmember Garrett.
Roll call vote: Montgomery absent, Vance yes, Freytag yes, Marshall yes, Garrett yes, Shulman yes, Eisenberg yes. Six yes votes, one member absent. Ordinance No. 14-94 was adopted.
NEW BUSINESS
Manager Plunkett informed Council that Lon Herman and Eric Stewart were the candidates
willing to fill the vacancy on the Board of Zoning and Building Appeals.
Resolution No. 942- 3, A' Resolution To Fill A Vacancy on The Board of Zoning And Building
Appeals,w" as introduced, read in full and moved for adoption by Vice Mayor Marshall. Mr. Marshall read the Resolution adding Lon Herman as the new member. Seconded by Councilmember Vance.
Motion carried. Resolution 942-3 was adopted. Lon Herman was appointed to the Board of Zoning And Building Appeals, said term to expire on January 31, 1996.
Resolution No. 942- 4, A' Resolution To Authorize The Village Manager To Enter Into An Agreement With C.F. Bird And R.J. Bull Inc.,For Preparation Of Detailed Plans And Specification And Bid Documents For Construction Of Sludge Holding Facilities At The Granville Sewage Treatment Plant To Bring The Village Into USEPA 503 Compliance,w" as introduced, read in full, and moved for adoption by Councilmember Vance. Seconded by Vice Mayor Marshall.
Councilmember Freytag questioned if the Law Director had reviewed the agreement?Mr. rFerseoyltuatgiosnt.ated that if the Law Director reviews the contract, he had no problem passing the
Law Director Hurst stated that he would review the contract before it is signed. The motion was carried. Resolution No. 94-24 was duly adopted.
Resolution No. 942- 5, A' Resolution To Authorize The Village Manager To Advertise For Bids For The Painting And Striping Of Streets,w"as introduced, read in full and moved for adoption by Councilmember Garrett. Seconded by Vice Mayor Marshall.
Manager Plunkett stated that it is more productive for the Service Department to contract out street painting because the department spends a substantial amount of time in the summer months ppaaiinnttiinngg. He stated that the Service Department would have more time for other projects if the was contracted out.
Councilmember Vance stated that street painting was an issue discussed at the Streets & Sidewalks Committee meeting.At that meeting, the Committee asked the Service Director to look into the possibility of eliminating some of the unnecessary street painting. Mr.Vance stated that it owpaisniounn,necessary to have street paint, signs and pavement markings. Mr.Vance stated that in his less street painting would help to beautify the Village. 1
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Council Meeting Minutes
June 1, 1994
Page 4
Manager Plunkett stated that some of the painting is required from ODOT's uniform traffic
code.
Councilmember Vance stated that he was not saying that the Village should not follow the
safely rules. He stated that there are some places where painting is redundant. Mr. Vance would like
the Service Director to look at areas where some of the street painting can be eliminated.
Councilmember Shulman stated that he thought there was going to be another step before a
resolution came before Council. Mr. Shulman stated that it was his understating that the cost savings
were going to be evaluated.
Councilmember Vance moved to table Resolution No. 94-25. Seconded by Councilmember
Shulman. Motion carried. Resolution No. 94-25 was tabled.
Ordinance No. 159- 4, A'n Ordinance To Amend Ordinance No. 439-3 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For Operating
Expenses,"was introduced, and title read by Councilmember Freytag.
Councilmember Vance stated that the Village should consider paving Plum Street from
Broadway to College Street.
Mayor Eisenberg set the public hearing for June 15, 1994, at 7:30 p.m.
Councilmember Vance reported on the progress Sensibilities Inc.,is making on remodeling
the old village hall at 118 South Main Street. Mr.Vance invited Council to explore the building to see the changes as they occur. Mr. Vance stated that the building is completely gutted and the original
brick is now exposed. Mr. Vance pointed out where the handicap restroom would be located on the
first floor along with where the HVAC units would be located. He stated Sensibilities Inc.,may have
to get a variance from the Planning Commission to install the air conditioning. Mr. Vance stated that
Sensibilities Inc.,plans to install new carpet and Mexican tile. Mr.Vance stated that the plans for the
outside of the building are not yet settled, although fixing up the windows and repairing the double
doors on the east side are planned. Mr. Vance stated that the roof too, would need to be repaired.
Mr.Vance stated that the false d( rop)ceiling in the upstairs has been removed and a dome ceiling was discovered. He stated that the restrooms would be redone and Mexican tile and carpeting would be installed upstairs too.
Councilmember Vance stated that the s'hed'part of the building should be fixed by opening day. Mr. Vance stated that he will be going before the Planning Commission Monday to inform them of the progress in the building.
Councilmember Shulman stated that he had received a call from the Schwartz family of Shepardson Court, expressing concern about the Shepardson -Ashbrooke property.Mr.Shulman stated that he had heard that the property owners were seeking to sell four or five lots which adjoin Sugar Loaf Park. Mr. Shulman stated that perhaps the Village may want to purchase the land to conserve it. He stated that he had been unaware of the configuration of the lots. Mr. Shulman stated that he had thought they fronted Shepardson Court.
Manager Plunkett stated that the lots in Shepardson may be a part of their discussion. He stated that the Village had not been notified of anything concerning the matter. Councilmember Shulman stated that the concern is that the land is currently undeveloped and it is contiguous to the park. He stated that the Village may want to consider seeking that land to save trees form being cut down and the impact on the park. Vice Mayor Marshall stated that he would look into the topic and see what is going on. 1
Village of Granville
Council Meeting Minutes
June 1, 1994
Page 5
Councilmember Garrett questioned whether the Village had any requirements as to how
street lights are placed?
Manager Plunkett stated that the Village did not have any standards; the power company had
determined spacing. Manager Plunkett stated that Bryn Du Woods Homeowners Association had
installed street lights which are now the homeowners responsibilities. Manager Plunkett stated that
as he understands the matter,the homeowner's association assessed the property owners $ 250
each for the purchase of street lights, which are gas operated.
Manager Plunkett stated that placement of street lights is dependent on where poles are
located. He stated that Ohio Power is putting together three proposals for street lights in Granville.
The Council should be receiving the proposals soon.
Councilmember Vance stated that the gas company has street lights that automatically turn
off during the day.
Manager Plunkett stated that he would see if he could get a street light proposal from the gas
company.
Councilmember Shulman asked if the Granville Business and Professional Association was
pursuing the matching funds for downtown street lighting?
Councilmember Vance stated that the GBPA is working on that project. He stated that the
garden tour fund raiser this weekend will help contribute to the beautification of Granville, including
lighting funds.
ADJOURNMENT
Councilmember Vance moved to adjourn the meeting at 8:50 p.m. Seconded by
Councilmember Garrett. Motion carried.

Council Minutes MAY 18,1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
MAY 18,1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:34 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Vance
Councilmember Freytag
REVIEW AND APPROVAL OF MINUTES
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
The Minutes of the regular Council meeting held May 4, 1994, were presented
for review. Councilmember Vance moved to approve the minutes as written. Seconded by
Councilmember Garrett. Motion carried.
MAYOR'S REPORT
The Mayor's report for the month of April was presented for review.
Mayor Eisenberg directed the clerk to file the report. A copy of that report is attached as part of these minutes.
MANAGER'S REPORT
The Manager's Report for the month of April was presented for review.
Councilmember Vance moved to approve the report. Seconded by Vice A Mayor Marshall. Motion carried. copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Sally MacPhail, Sentinel
No questions, comments, or concerns were voiced at this time.
COMMITTEE REPORTS
Councilmember Garrett reported on the Planning Commission's meeting of May 16, 1994. At that meeting, three sale signs for Erinwood businesses were approved, five architectural review applications were approved, and one architectural review application was tabled. The next Planning Commission meeting is scheduled for June 6, 1994.
Vice Mayor Marshall reported on the Utilities Committee meeting of May 10, 1994. That meeting was the second Committee meeting regarding 503 Sludge Regulations. The committee recommended the Bird &Bull approach. Mr. Marshall stated that both proposals had been similar in cost, however an operational risk had been noted in the Burgess &Niple proposal. section oMfaEnraingweoroPdlu. nkett stated that the utilities committee should meet to discuss water to the R' idge'
A Utilities Committee meeting was set for Monday, May 23, 1994, at 7:30 p.m.
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Village of Granville
Council Meeting Minutes
May 18, 1994
Page 2
Councilmember Garrett reported on the Streets and Sidewalks Committee meeting held May 9.
The committee had discussed the possibilities of using less paint on the streets to prevent paint
contracting, the repair of Burg and West Maple Streets, and improvements to Burg and Newark-Granville
Road. The committee also discuss the possibility of having one trash hauler for the entire Village. One
trash hauler could be easier on Village streets and may provide a lower cost than residents are currently
paying. Doug Tailford gave a pathway report, and sidewalk replacement was discussed. The committee
decided to send stronger letters to those residents who are receiving a second notice this year to repair
sidewalks.
OLD BUSINESS
Address Chanae -118 South Main Street
Manager Plunkett stated that Sensibilities Inc.,had requested to change the current address at
118 South Main Street to 1 East Broadway.
Law Director Hurst stated there were concerns as to the propriety in doing that. He stated that he
had checked the Ohio Revised Code and the sections he found were enabling in nature as opposed to prohibiting. He stated that he did not see anything that said an address must be X" "Y, '"o,rT. The
municipality is empowered to decide a uniform system for street numbering. Mr. Hurst stated that
changing the address doesn't run afoul of anything he'd found, however an amendment to the Code must be made to accomplish a renumbering because the method is clearly set forth in the Village's Codified Ordinances.
Councilmember Vance stated that Main Street doesn't look like the main entrance to the
building. Mr. Vance stated that the Broadway side of the building is limited to what Council and the Planning Commission will allow. Mr.Vance stated that the Broadway entrance allows for a handicap entrance.Mr. Vance stated that the address of 1 East Broadway should help the sales of the business. Mayor Eisenberg called for a voice vote, Should the building be allowed to have a Broadway address?
Garrett no, Shulman yes, Marshall no, Eisenberg yes, Freytag no, Montgomery no. Four no votes, two yes votes. The address will remain 118 South Main Street.
Councilmember Shulman asked for an update on Granville Solvents.
Manager Plunkett stated that the PRP's are continuing the testing however, no results are fauvrathileabr.le yet. Mr. Plunkett stated that he will be meeting with USEPA on Monday to discuss the matter
Regarding the filling on Paul Kent's property, Councilmember Montgomery asked if it was appropriate for Mr. Kent to hire an engineer to say that the filling on his property is okay? Manager Plunkett stated that the engineers are at some risk for any fabrication on their report. Mr. Plunkett stated that the Village has used the engineer before and the engineer is fairly responsible. Mr. Plunkett stated that the engineer is saying that the filling that took place is in the flood plain and not the flood way;the engineer's licenser is dependent upon his objectivity, not on who pays his bill. and After a discussion, Manager Plunkett stated he would contact Mr. Brems regarding the matter see if anything else could be done.
NEW BUSINESS
Ordinance No. 11-94,A 'n Ordinance To Add Section 125.11 g( )3()To The Codified Ordinances Of The Village Of Granville To Provide A Means For Sale Or Disposition Of Low Value Surplus Or Forfeited Property,w"as introduced and title read by Councilmember Garrett. Mayor Eisenberg set the public hearing on Ordinance No. 11-94 for June 1, 1994, at 7:30 p.m.
Ordinance No. 129- 4,A 'n Ordinance Amending The Granville Zoning Ordinance And The Official Zoning Map Attached Thereto, By Amending The Boundaries Of The Architectural Review
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Village of Granville
Council Meeting Minutes
May 18, 1994
Page 3
Overlay District As Shown On The Accompanying Map,"was introduced and title read by
Councilmember Freytag.
The public hearing was set for June 1, 1994, at 7:30 p.m.
Ordinance No. 13-94, " An Ordinance To Amend Section 1161.01 Of The Codified Ordinances Of
The Village Of Granville," was introduced and title read by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing for June 1, 1994, at 7:30 p.m.
Ordinance No. 14-94, A'n Ordinance To Amend Ordinance No. 439-3 Providing For Adjustments
Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For Operating Expenses," was
introduced and title read by Councilmember Montgomery.
Mayor Eisenberg set the public hearing for June 1, 1994, at 7:30 p.m.
Councilmember Garrett stated that she would like to see a resolution on the next agenda to
authorize the Village Manger to advertise for bids for a single trash hauler by municipal contract in the
Village.
Councilmember Shulman stated that he would like to see some information on the current trash
haulers as to the amount of customers each hauler has and so on.
Manager Plunkett stated that Council may want to wait until September to bid the job because
the trash haulers have a license to operate in the Village until the end of the year.
Vice Mayor Marshall stated that Council should prepare a resolution to commend the Granville
Police Officers on the Police Olympics.
Mayor Eisenberg stated that he thought that was an excellent idea.
Councilmember Vance stated that in his opinion, the village could afford to pay the $100 entrance fee for the Olympics.
Mayor Eisenberg agreed stating that next year the Village would pay the entry fee.
MEETING ANNOUNCEMENTS
A Utilities Committee meeting will be held on May 23, 1994.
The regular Planning Commission meeting will be held June 6, 1994.
Village Council will meet June 1, 1994.
ADJOURNMENT
Councilmember Vance moved to adjourn the meeting at 9:00 p.m. Seconded by Vice Mayor Marshall. Motion carried.

Council Minutes MAY 4,1994

VILLAGE OF GRANVILLE
COUNCIL /PLANNING COMMISSION
MEETING MINUTES
MAY 4,1994
CALL TO ORDER
Vice Mayor Marshall convened the meeting at 7:07 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Freytag
Vice Mayor Marshall
Manager Plunkett
Also present were Planning Commission members Gary Stansbury and Larry Huey.
Councilmember Garrett moved to excuse the absent Mayor Eisenberg, Vance, Councilmember and Law Director Hurst. Seconded by Councilmember Freytag. Motion carried.
ARCHITECTURAL REVIEW DISTRICT EXPANSION DISCUSSION
Planning Commission member Larry Huey stated that the main purpose for extending the Architectural Review District was to extend the boundary line to the other side of the street in places where the district line ends in the middle of the street. Mr. Huey stated that this would allow the people on the entire street to abide by the same set of rules and regulations. He stated that there are a significant number of older homes in the area proposed. Mr.Huey stated that he wanted in his comments to represent the thinking of the entire Planning Commission. Some of the members believe that the expansion should go beyond the other side of the street, since there are a significant number of older homes in that area. Some other small sections were added because some of the other members wanted to add them. Planning Commission member Gary Stansbury stated that Sunrise Street was included tinhethe expansion because more and more places j"umped out"as the Commission reviewed area.
Councilmember Montgomery stated that the boundary currently ends at the middle of Spellman Street. She asked if the boundary would be extended beyond North Cedar Street? Councilmember Garrett stated that in her opinion, the Planning Commission had gotten bcaerroievedrkaiwll.ay with the expansion. She stated that some of the boundaries proposed seemed to
Councilmember Montgomery stated that she would like to hear from the citizens who live in the area proposed for inclusion. She stated that there are a few fairly new homes on Granger Street that would be included.
Councilmember Shulman stated that if the area had been included in the Architectural Review District earlier, it would have helped to control the homes being built in the area. He stated that the core of the Village needs to be protected. Planning Commission member Huey stated that one reason to include the areas proposed was so that demolition regulations could be applied. He stated that there is a fair amount of pressure to expand in the Village. If the areas were in the Architectural Review District there would be more tools available to protect the older homes.
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proposeCdoeuxnpcailmnseiomnber Shulman asked if anyone had looked into the ages of the homes in the areas?
Mr. Huey stated that two years ago he had walked the boundaries. He stated that he didn't think that north of Spellman Street there was a large population of c"lassic"homes. of expaCndoiunngcilmember Freytag asked how many Planning Commission members were in favor the district?
Mr. Huey stated that the commission did not vote on it. Manager Plunkett stated that the Architectural Review District is located within the original boundaries of the Village. When asked, Manager Plunkett stated that he is opposed to the expansion. He stated that the current boundaries represent the original boundaries of the Village. He stated that there is not a sound reason for the expansion.
Councilmember Vance arrived.
Councilmember Garrett suggested that Council go to the site and examine the houses proposed for inclusion in the District. She stated that some of the houses may be protected because they are on the historical register.
Vice Mayor Marshall asked if two ordinances to expand the district with two different boundaries could be prepared for the next meeting. In the ensuing discussion, three ordinance drafts for three different levels of areas to be included in Architectural Review were decided to be necessary from the staff for the next council meeting.
ADJOURN JOINT MEETING
Councilmember Montgomery moved to adjourn the joint session at 7:45 p.m. Seconded by Councilmember Garrett. Motion carried.
CALL TO ORDER REGULAR SESSION
Vice Mayor Marshall called the regular meeting of Council to order at 7:45 p.m.
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Vance
Councilmember Freytag
Vice Mayor Marshall
Law Director Hurst
Manager Plunkett
Councilmember Garrett moved to excuse the absent Mayor Eisenberg. Seconded by Councilmember Montgomery. Motion carried.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of April 20, 1994, were presented for
review. Councilmember Garrett moved to approve the minutes as submitted. Seconded by Councilmember Vance. Motion carried.
CITIZENS COMMENTS
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Those signing the register were:
Sally MacPhail, Granville Sentinel J. Siegel
No questions, comments, or concerns were voiced at this time.
COMMITTEE REPORTS
Councilmember Freytag reported on the May 2, 1994, Old Colony Burial Ground Board
Meeting. Mr. Freytag stated that the preservationists are present working in the cemetery with
volunteers. Mr. Freytag stated that a walking tour of the cemetery has been scheduled for May
19. Mr. Freytag stated that there is continued interest in the removal of several dead trees in
the cemetery and repair of the wall caving in on the north east corner of the cemetery.
Manager Plunkett asked Tree &Landscape Commission Chair Marc Brockman if he could go through the cemetery with Flo Hoffman and look at the trees?
Mr. Brockman stated that he would set up a time to walk through the cemetery, inspecting trees.
Councilmember Garrett reported on the Planning Commission meeting of At that May 2, 1994. meeting, several deck additions were approved. One application was tabled because the owner was unable to attend the meeting and several questions were asked. A sale sign for the Ridge was approved. Another sign for one of the businesses in the Ridge was approved however, one of the Planning Commission members had thought the commission was discussing a different application and wanted to rescind the vote. The commission drew a 22/ vote and the original vote was not rescinded. The sign applications following were all denied because two members abstained from voting.
Councilmember Freytag reported on the Recreation Commission's meeting of May 3, 1994. At that meeting there was another resignation. Mr. Freytag stated that all the vacancies had been filled. Those appointed to the Commission were: Matt McGowan, Mary Raymond, John Fiore, and Krista Dixon. Mr. Freytag stated that the Commission had sent out fliers to all citizens concerning the C" oncerts on the Green"M. r. Freytag stated that the shelter house use haot uWsield.wood Park is increasing. He stated that perhaps there is a demand for another shelter
Councilmember Vance reported on the Utility Commission Meeting. The purpose of the meeting had been to hear from two proposers concerning 503 Sludge Regulations. Mr. Vance stated that both engineering firms had been present. He stated that not much difference was aetvitdheant tmoenetthinegt.wo proposals. Mr. Vance stated that the committee had not made any decision
OLD BUSINESS
Tree &Landscape Commission Tree Grant Update
Marc Brockman, Tree &Landscape Commission chair stated that the Commission has several things going on right now. He stated that the Commission has surveyed 850 trees. He
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further stated that by the within end of this year, 600 new trees will have been planted. He stated that the next 20 years, Granville should be reforested.
Councilmember Freytag asked what other projects the Commission had planned? Mr. Brockman stated that several trees along SR 16 are scheduled to be planted along the area across from and adjacent to Wendys. He stated that the commission is addressing the area along West Broadway to Wildwood Park. He stated that the Commission had received a grant which will pay someone to survey and record all the trees in the village to record the condition of the trees.
Jim Siegel stated that many trees have been planted in the newly incorporated areas of the Village. He stated that 100 trees had been planted along NewarkG- ranville Road last year. Mr. Brockman stated that the high school /middle school project is complete and is pretty impressive.
Councilmember Vance stated that at the last Council meeting it had been decided to write a letter to EPA stating that the Village would not meet their deadline for 503 sludge regulations. Mr.Vance stated that in his opinion, it is not necessary to send that letter at this point and time.
Councilmember Freytag stated that the Village will not meet the deadline, so should advise EPA of that.
Mr. Vance stated that if the Village asks for an extension of time, EPA will want an exact date by which the project will be complele.
Councilmember Freytag stated that if the Village does nothing, there is a possibility of penalties being imposed.
Manger Plunkett stated that he agreed with Councilmember Vance.
Mr. Vance stated that perhaps Council should wait to write the letter until a decision of
what route to follow is arrived at and construction begins.
Vice Mayor Marshall stated that it makes sense to wait until Council has a plan. Mr.
Marshall stated that he had hoped the Utilities Committee could meet again to bring a recommendation to the entire Council.
A Utilities Committee meeting was scheduled for Tuesday, May 10, 1994, at 6:30 p.m. Councilmember Shulman asked if a written staff recommendation would be prepared
before the Utilities Committee meeting; to which Manager Plunkett stated that he would direct the staff to write a recommendation.
Councilmember Shulman asked for a report on the well drilling at the Granville Solvents
site.
Manager Plunkett stated that USEPA has directed the PRP's (potentially responsible
parties)to remediate the Granville Solvent site. The engineering firm of Metcalf &Eddy is
representing the PRP group. Metcalf &Eddy personnel have been on the site surveying and
drilling additional monitor wells, and taking soil samples to get a better grasp on what the
plume is, and where it is. He stated that they will recommend appropriate steps for removal of
the plume. USEPA will monitor the entire site. He stated that considerable sampling had been
done with no results back yet.
Councilmember Montgomery asked if this was a good time to initiate a local meeting?
Manager Plunkett stated that he had been in contact with many of the residents in the
area and devoted most of his column in the Sentinel this week to the Solvents Site.
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Councilmember Shulman questioned the status of the water line to the Ridge section of
Erinwood.
Manager Plunkett stated that at this point there is nothing for the Village to do. He
stated that the developers are looking into the possibilities. He stated that the Village will
probably end up with a water booster station. He stated that it seems to be less costly for the
developers with a booster station.
Manager Plunkett stated that the Murphy's would have to go across the Lewis property
which is in the township and he does not know what Mrs. Lewis' position is on the matter.
Manager Plunkett stated that the booster station would cost the Village nothing to
install but the maintenance and operations will cost the Village money.
Vice Mayor Marshall asked if perhaps the Village could share the cost of running the water lines?
Manager Plunkett stated that he suggested that perhaps the council would consider
waiving some of the tap fees to the developers. However, the developers would have to discuss that with Council.
Mr. Marshall stated that he thought the matter was worth pursuing.
Councilmember Vance stated that those incentives really don't help the developer.
Mr. Freytag asked if it the Village had to accept the cost booster station knowing that it will money to maintain?
Manager Plunkett stated that the matter should be referred to Law Director Hurst.
After a discussion, Manger Plunkett suggested that the Utilities Committee look again at the study performed by Burgess &Niple in 1975. He stated that he would get a copy of that study to the Council.
Councilmember Garrett asked if the sign code would be coming before the Council anytime soon?
Law Director Hurst stated that he and Mr. Huey had reviewed the entire code on Tuesday. He stated that he made a series of suggestions and comments. He stated that he wasn't sure what Mr. Huey was going to do next.
NEW BUSINESS
Resolution No. 94-22, A" Resolution To Award The Bid For The Purchase And Planting of Trees To John Klauder Associates Landscape D&esign And To Authorize The Village Manager To Enter Into An Agreement Therefore"w, as introduced, read in full and moved for adoption by Councilmember Vance. Seconded by Councilmember Garrett. Motion carried. Resolution No. 94-22 was adopted.
Councilmember Vance stated that Council had received a letter from Sensibilities concerning a requested address change at 118 South Main Street. Councilmember Garrett stated that the building is not located on Broadway because SOopuetrhaMHaoiunsSetrPeaertk. is in front of the building. She stated that she thought the building was on
Manager Plunkett stated that Ordinance 1309.03 of the Granville Codified Ordinances states that blocks should be numbered by hundreds.
Law Director Hurst stated that he thought the numbering system was to be set uniform wreiqthuiOreDmOeTntrse.quirements. He stated that the ordinances are a reflection of those ODOT
Village of Granville
Council Meeting Minutes
May 4, 1994
Page 6
Councilmember Vance been stated that the entrance to the building had at one time side. on Main Street. He stated that it is easier to have a handicap entrance on the Broadway the buHiledinstgated that with the entrance on Broadway, an opportunity to spruce up that side of is available.
the Law Director and it will be brought up again at the next meeting.
After a brief discussion, Vice Mayor Marshall stated that the matter would be referred to
Vice Mayor Marshall asked if Mr. Plunkett was going to advertise the vacant position on the Board of Zoning and Building Appeals?
Manager Plunkett stated that he would do so.
Councilmember Shulman stated that perhaps Karen Frasca should be notified that a position is open.
MEETING ANNOUNCEMENTS
A Streets and Sidewalk Committee meeting will be held Monday, May 9, 1994. A Utilities Committee meeting will be held Tuesday, May 10 ,1994.
EXECUTIVE SESSION
Councilmember Vance moved to enter into executive session at 8:47 p.m. to discuss pending legal matters. Seconded by Councilmember Garrett. Motion carried.
Councilmember Vance moved to return to regular session at 9:50 p.m. Seconded by Councilmember Freytag. Motion carried.
ADJOURNMENT
Councilmember Garrett moved to adjourn the meeting at 9:51 p.m. Seconded by Councilmember Montgomery. Motion carried.

Council Minutes APRIL 20, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
APRIL 20, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:32 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Freytag
Vice Mayor Marshall
Mayor Eisenberg
Manager Plunkett
Councilmember Garrett moved to excuse absentee Councilmember Montgomery,
Councilmember Vance, and Law Director Hurst. Seconded by Vice Mayor Marshall. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 9-94, " An Ordinance To Amend Ordinance
No. 43-93 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance closed No. 9-94. The public hearing was at 7:33 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of April 6, 1994, were presented for review. Councilmember Freytag moved to approve the minutes as presented. Seconded by Vice Mayor Marshall. Motion carried.
MAYOR'S REPORT
The Mayofs Report for the month of March was presented for review. Mayor Eisenberg directed the clerk to file the report. A copy of that report is attached as part of these minutes.
MANAGER'S REPORT
The Manager's Report for the month of March was presented for review. Councilmember Garrett moved to accept the report. Seconded by Councilmember Freytag. Motion carried. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Sally MacPhail Joe Hickman Joe Williams
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No questions, comments, or concerns were voiced at this time.
COMMITTEE REPORTS
Councilmember Garrett stated that the Planning Commission' canceled because there s April 18 meeting was was no business.
Mayor Eisenberg asked the status of the sign ordinance.
Manager Plunkett stated that Law Director Hurst had spoken with Planning Commission
member Larry Huey but they had not gotten together yet. Manager Plunkett stated that the two
are trying to set up a time to get together and discuss the ordinance.
OLD BUSINESS
Ordinance No. 9-94, A"n Ordinance To Amend Ordinance No. 439-3 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For Operating Expenses,w"as reintroduced, title read, and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Freytag.
Manager Plunkett stated that the Ordinance would appropriate money for the paving of South Main Street. He stated that a one inch coat of asphalt would be applied. Mayor Eisenberg stated that the road is pretty rough. He asked if one inch of asphalt would do the job?
Manager Plunkett stated that the surface will be evened out and it will be smoother. He stated that the one inch of asphalt would be a two year treatment at best. Councilmember Shulman asked if SR 661 would be paved within two years with federal money?
Manger Plunkett stated that the Village had no assurance that federal money will be available next year. Manager Plunkett stated that the project price is 1$0,000 because Tolliver Curl will be paving West College Street in conjunction with that project at the same time, eliminating some stray costs.
Councilmember Freytag asked what the cost of the project would be in September? Manager Plunkett stated that the cost would probably be between 1$2,000 to 1$5,000. Councilmember Freytag asked what the likelihood is of the Federal money coming? Manger Plunkett answered one in ten.
Street Councilmember Freytag stated that in his opinion, the Village should pave South Main now. Council agreed.
Roll call vote: Garrett yes, Shulman yes, Vance absent,Freytag yes, Marshall yes, NMoa.y9or-9E4isenberg yes, Montgomery absent. Five yes votes, two members absent. Ordinance was adopted.
Sludge Holdina
Manger Plunkett stated that Assistant Manager Joe Hickman, Sewage Superintendent Eric Holmquist and he had evaluated the two proposals for sludge holding facilities and recommended that the Utilities Committee interview the engineer proponents and form an oUptiilnitiieosn. He stated that the terms vary and the cost is not that far apart. He stated that the Committee needs to schedule a meeting soon.
Village of Granville
Council Meeting Minutes
April 20, 1994
Page 3
Councilmember Freytag asked if the sludge regulators (USEPA)had been written to
protest their deadline?
Manager Plunkett responded no. He stated that he would rather structure the letter
saying Granville is wrestling with the issue.
Councilmember Freytag stated that he would like to have something on record stating
that the Village is working on meeting the deadlines.
Granville Solvents
Mayor Eisenberg asked what the status was with Granville Solvents?
Manager Plunkett stated that the engineers from Metcalf &Eddy had been on the site
today. He stated that they have proposed a work plan which has been submitted to USEPA for
approval. The plan is for air sparging, which is injecting air into the wells and sending the
chemicals to a higher structure in the soil, which will intern cause the earth to "belch"and expel
that air.
Councilmember Freytag asked if there were any risks involved in the process?
Manger Plunkett stated that there were not any of which the Village or EPA is aware.
He stated that the method has been proven to work, however it is still a new technology.
Councilmember Freytag asked if chemicals would be let loose into the air?
Manger Plunkett stated that there is air pollution control. He stated that he had not read
through the entire action plan yet. He stated that the plan was available if anyone was
interested in reading it.
Manager Plunkett stated that according to USEPA Region 5, the potentially responsible
parties will be forced to live up to their end of the work plan.
Councilmember Freytag asked, "if the process doesn't work, would the engineers do
something else or will the village release its claims?"
Manger Plunkett stated that he didn't think USEPA will allow the potentially responsible
parties to get out of it.
Councilmember Freytag stated that he would like to make sure that USEPA sees to it
that the job is completed. He stated that a letter should be sent stating that the Village wants
them to complete the job. Council agreed.
NEW BUSINESS
Resolution No. 94-20, "A Resolution To Award The Bid For The Repaving Of Summit
Street To Tolliver &Curl And To Authorize The Village Manger To Enter Into An Agreement
Therefore," was introduced, title read, and moved for adoption by Councilmember Garrett.
Seconded by Councilmember Freytag. Motion carried. Resolution No. 20-94 was adopted.
Resolution No. 21-94, "A Resolution To Award The Bid For The Purchase And Planting
Of Trees To Joseph H. Goss Inc.,And To Authorize The Village Manager To Enter Into An
Agreement Therefore," was introduced, title read, and moved for adoption by Councilmember
Shulman. Seconded by Councilmember Freytag. Motion carried. Resolution No. 21-94 was
adopted.
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Councilmember Shulman asked if there was any other news concerning Quest
International?Manger Plunkett answered no.
Vice Mayor Marshall stated that perhaps Quest could be discussed at the April 28
meeting with the school board and the township trustees.
Manager Plunkett stated that a draft agenda for the meeting with the trustees and the
school board on April 28, at 7:30 p.m. as been prepared. He stated that if other anyone had
other issues they would like to be discussed, let him know.
Councilmember Shulman asked when the Street &Sidewalk Committee meeting would be scheduled?
Manager Plunkett stated that he would have Service Director Mark Zarbaugh call each
of the members to set a date and time. Mr. Plunkett stated that he would propose a date for the Utilities Committee too.
MEETING ANNOUNCEMENTS
A joint meeting with the School Board, Granville Township Trustees Council and the Village will be April 28, 1994, at 7:30 p.m.,at the high school.
ADJOURNMENT
Councilmember Garrett moved to adjourn the meeting at 8:09 p.m. Seconded by Councilmember Freytag. Motion carried.

Council Minutes APRIL 6, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
APRIL 6, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:34 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Shulman
Councilmember Montgomery
Councilmember Vance
Councilmember Freytag
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Councilmember Vance moved to excuse absentee Councilmember Garrett. Seconded
by Councilmember Freytag. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 8-94, " An Ordinance To No. Amend Ordinance 439-3 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For Operating Expenses."
No one was present to speak for or against Ordinance No. 8-94. The public hearing closed at 7:35 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the March 16, 1994, Council meeting were presented for review. Vice Mayor Marshall moved to approve the minutes as corrected. Seconded by Councilmember Freytag. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Noni and Bob Nutter Robert Allen H. Jackson
Noni Nutter of Willowood Gifts was present to comment on the width of Brew's sidewalk cafe. Mrs. Nutter stated that she did not think enough consideration had been given to the businesses above Brew's cafe. She stated that the entrance to her business is on the west side of the building, approximately one foot from the alley. Mrs. Nutter stated that last year,the cafe's tables were so close to her doorway, that customers could not enter without asking hsoamzaerodne sitting at a table to move out of the way. She stated that in her opinion, it is a safety clearanctoe hinavfreonthteofdhoeorrwdaoyorb.locked. She stated that she would like to have three feet of
Mrs. Nutter stated that smoke coming from customers at the outdoor tables travels right up the stairway into her building. She stated that sometimes she can't see the top of her door 1
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because the smoke gathers at the top of the stairs. She stated that she can't walk through the
smoke because she has breathing difficulties.
Robert Allen of Brew's Cafe stated that he was sure that he could accommodate Mrs.
Nutter's space problem, however he could not control the outdoor smoke.
Mayor Eisenberg stated that Mrs. Nutter has the right to the sidewalk just as the cafe
does, however Council cannot control the smoking problem.
Councilmember Vance stated that a business has the right to sufficient space for a safe
and clear entry. He stated that if Council is going to allow the use of the sidewalk for cafes, it
should not hurt other peoples' businesses.
Mayor Eisenberg stated that the width of Brew's cafe will be changed to accommodate
Mrs. Nutter's three feet of clearance in front of her doorway. He stated that the width of the
cafe will be 18 feet, 6 inches.
Hal Jackson of Victoria's Parlour asked if the smoking issue in the cafes was resolved?
Mayor Eisenberg stated that his recollection from the last meeting was that cafe have the right to refuse service owners to customers smoking at their tables, however, they can't prohibit anyone smoking from walking through the cafe area.
Manger Plunkett stated that the County Health Department said exactly what Mayor Eisenberg stated.
Hal Jackson stated that "if one wants to smoke at the tables all one must do is stand
up,"
COMMITTEE REPORTS
Vice Mayor Marshall stated that he attended the Planning Commission's April 4, 1994, meeting in place of Councilmember Garrett. He stated that three routine requests for home improvements passed easily. He stated that a worksession was held with the Erinwood Planner to decide how to mark the "Ridge"section, which is north of NewarkG- ranville Road. He stated that three schemes for the entrance were presented by the Planner;a gate house with stone walls, a similar stone wall with an iron gate, and a sign that is in compliance with Granville's sign code. He stated that the sign in compliance with the sign code was approved.
Councilmember Freytag reported on the Recreation Commission's meeting. At that meeting two new subcommittees were created. A subcommittee for the friends of Wildwood Playground was created and the Recreation Commission quorum was reduced from 13/ to 12/ of the Commission's filled seats. He stated that five candidates are interested in filling the three current vacant commission seats. The Commission decided to put off filling the vacancies until the next meeting.
OLD BUSINESS
Ordinance No. 8-94, A"n Ordinance To Amend Ordinance No. 439-3 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For SOhpuelrmatainng. Expenses,w"as reintroduced, title read, and moved for adoptioh by Councilmember Seconded by Councilmember Vance.
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Roll call vote: Garrett absent, Shulman yes, Vance yes, Freytag yes, Marshall yes,
Mayor Eisenberg yes, Montgomery yes. Six yes votes, one member absent. Ordinance No. 8-
94 was adopted.
Councilmember Vance questioned what had become of the new proposed sign code.
Councilmember Shulman stated that he thought Law Director Hurst and Larry Huey had
been going to review the language of the code.
Law Director Hurst stated that he will speak to Mr. Huey.
NEW BUSINESS
Resolution No. 94-17, " A Resolution To Authorize The Non-Permanent Installation Of A
Sidewalk Cafe On The Public Sidewalk At 128 East Broadway In Front Of The Business
Known As "Brew's Cafe"S, ubject To Restrictions,w"as introduced, read in full, and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Freytag.
Councilmember Vance stated that he thought it had become a standard of the Village to have insurance coverage of one milliont/wo million.
Manger Plunkett stated that was correct, the insurance is one million per person, two million per occurrence.
Councilmember Vance moved to amend Resolution No. 94-17, Section 1, B"changing
the width of the cafe to 18 feet and 6 inches, to amend Section 1, G" "to include one milliontw/ o million insurance coverage, to amend Section I "1"to read O" utdoor furnishing, planters, stanchions, and all other outdoor fixtures are subject to architectural review and approval by the Granville Planning Commission,a"nd to amend Section 11 to read B" rew's cafe and its current owners are hereby granted nonexclusive commercial use of the property described herein until October 31, 1994." Seconded by Councilmember Freytag.
Mayor Eisenberg stated that Ruth Owen of the Granville Business and Professional Association has requested use of the sidewalk for several events throughout the year. Councilmember Vance stated that Council should discuss the issue with Mrs. Owen however, he thought some areas of the sidewalk would not have stands.
Law Director Hurst stated that if the cafe owners are granted a non exclusive use of the sidewalk and permission is given to the GBPA to use the sidewalk, the two are in conflict. Councilmember Vance suggested that when Council grants the Granville Business and Professional Association permission to use the sidewalk, the cafe areas should be excluded. Council agreed.
Resolution 94-17 was adopted as amended.
Resolution No. 94-18, A" Resolution To Authorize The Non-Permanent Installation Of A Sidewalk Cafe On The Public Sidewalk At 134 East Broadway In Front Of The Business Known As V" ictoria's Parlour"S, ubject To Restrictions,w"as introduced, read in full, and moved for adoption by Councilmember Freytag. Seconded by Councilmember Vance. Mayor Eisenberg stated that the same amendment would apply to Resolution 94-18 as were Resolution 94-17, except for the width of the cafe. The motion was carried. Resolution 94-18 was adopted.
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Resolution No. 94-19, A' Resolution To Advertise for The Purchase And Planting of
Trees," was introduced, read in full, and moved for adoption by Councilmember Shulman.
Seconded by Councilmember Vance. Motion carried. Resolution No. 94-19 was adopted.
Ordinance No. 9-94, " An Ordinance To Amend Ordinance No. 43-93 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For
Operating Expenses", was introduced and title read by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing for April 20, 1994, at 7:30 p.m.
Ordinance No. 10-94, " An Emergency Ordinance Enacted By The Village Of Granville,
Licking County Ohio, In The matter Of The Hereinafter Described Improvement, And To
Request Cooperation By The Director Of Transportation", was introduced, and title read by Councilmember Freytag.
Councilmember Freytag moved to adopt Section VI, the emergency clause and read
that section in its entirety. Seconded by Councilmember Vance.
Roll call vote: Freytag yes, Vance yes, Montgomery yes, Garrett absent, Shulman yes, Vice Mayor Marshall yes, Mayor Eisenberg yes. Six yes votes, one member absent. The
emergency clause was adopted.
Councilmember Freytag then moved for adoption of Ordinance No. 10-94. Seconded by Councilmember Vance.
Roll call vote: Garrett absent, Shulman yes, Montgomery yes, Vance yes, Freytag yes, Vice Mayor Marshall yes, Mayor Eisenberg yes. Six yes votes, one member absent. Ordinance No. 10-94 was adopted.
Joint Meeting With The Township Trustees and The School Board
Manager Plunkett stated that Council has discussed in the past a joint meeting with school board and the township trustees. Manager Plunkett stated that if April 28 is a good date for the Council he will ask the school board and the trustee if they can attend and participate. He stated that some of the topics would be a joint parks and recreation commission and shared facilities. Council agreed that April 28 would be a good date to hold the meeting.
Vice Mayor Marshall asked what the status is with Driscoll Lane?
Manager Plunkett stated that the county prosecutor had produced an agreement for the village and the township. He stated that the Village will give the Township Driscoll Lane in exchange for filling and a connection to the bike path.
DirectorMaapyporrovEeisdenberg stated that he has no problem with the agreement as long as the Law it.
Law Director Hurst stated that he has not studied the agreement yet but will do so.
ArchitecVtuicrealMRaeyvoierwMarshall stated that the Planning Commission had proposed to expand the District.
Mayor Eisenberg stated that in previous attempts to expand the district,the Planning Commission's rationale was that the line went down the middle of the street. He stated that past Councils have always agreed that it should be rectified. He stated that each time that had
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Council Meeting Minutes
April 6, 1994
Page 5
grown into an expansion of the entire Architectural District, and therefore had been rejected by
previous councils.
Councilmember Montgomery stated that she has heard citizens complaining that they
are seeing more and more regulations.
Mayor Eisenberg stated that the majority of councils' attitude was not to expand the
Architectural Review District.
After a brief discussion, Councilmember Vance stated that the Planning Commission
may be able to explain their reasoning to Council.
Vice Mayor Marshall stated that the Planning Commission should attend the next
meeting to argue their position. Council agreed.
Councilmember Montgomery asked if the joint meeting could be delayed until May 4
because she will be absent from the next meeting?
Manger Plunkett stated that perhaps Council should hear from the people who
developed the architectural Review District because much time and work had been put into that. Council agreed.
A joint meeting with the Planning Commission was set for May 4, 1994.
Councilmember Vance stated that he would like to comment on the article that he
presented to council concerning a school tax switch. He stated that he thought it interesting how Michigan was had received additional funding. He stated that he was not saying that he was in favor of eliminating property taxes.
Councilmember Vance suggested that an Ordinance be drawn up and placed on the next agenda to have the Village lay claim to the area west of James Road before someone else (Newark)grabs it up.
Councilmember Montgomery stated that at the last Council meeting, Council had agreed that it would be a good idea for someone from the Kiwanis to share the plans for the fourth of July celebration. She ask if anyone had been contacted.
Manager Plunkett stated that he had not been to a meeting yet; however, he will make sure that someone comes to speak to the Council.
ADJOURNMENT
Councilmember Vance moved to adjoum the meeting at 8:50 p.m. Seconded by Vice Mayor Marshall. Motion camed.

Council Minutes MARCH 16, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
MARCH 16, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:32 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Freytag
PUBLIC HEARINGS
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
A public hearing was held on Ordinance No. 7-94,A 'n Ordinance To Amend Sections 11, 111, and
IV Of Ordinance No. 2-89, Establishing The Zoning Classification Of Properties Set Forth In Those
Sections Of Ordinance No. 2-89."
No one was present to speak for or against Ordinance No. 7-94. The public hearing closed at
7:33 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled Council Meeting of March 2, 1994, were presented for
review. Councilmember Garrett moved to approve the minutes as written. Seconded by Councilmember
Freytag. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of February was presented for review. Mayor Eisenberg
directed the clerk to file the report. A copy of that report is attached as part of these minutes.
MANAGER'S REPORT
The Manager's Report for the month of February was presented for review.
Councilmember Garrett asked how the water pressure check on South Main Street went? Manager Plunkett stated that the contractor found a gasket that had been flattened which cause pressure to drop. Mr. Plunkett stated that the problem had been resolved and they are currently doing bacterial samples. He stated that with weather permitting, Main Street south of Broadway should be open by Monday.
Vice Mayor Marshall moved to approve the Manager's report. Seconded by Councilmember Garrett. Motion carried. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Robert Essman
Robert Allen
Melissa Hartfield
Dorothy Essman
A. Janssens
Joe Williams
Judi Pyle
H. Jackson
D. Wagner
Jack Pyle
Paul &Chris Piper
S. MacPhail
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Council Agenda
March 16, 1994
Page 2
Arie Janssens of 764 Newark Road stated that he had searched for information regarding the
village becoming a cable TV franchise authority. Mr. Janssens stated that he had discovered franchise
authorities deal mostly with Cable TV rates. He stated that he was not concerned with the rates and
suggested that the Village not become a franchise authority at the present time and see how things
develop.
Mr.Janssens stated that he is not dissatisfied with the cable service, he just thought it would be
worthwhile to investigate other possibilities.
Mayor Eisenberg thanked Mr. Janssens for his interest and time put into investigating the issue.
Doug Wagner stated that he wanted to comment again on Bernie Williams' sign appeal
reconsideration. Mr.Wagner stated that he does not know how the law is written, but Mr. Williams' sign is
not a sign of advertising. Mr.Wagner stated that he did not feel that Council would allow this kind of sign
on anywhere else in the Village and shouldn't allow it on Mr. Williams property either. He stated that his in opinion, the sign has no merit and is totally offensive. He stated that the sign would not prohibit
people from backing into the fence. He stated that he was willing to plant shrubs to help keep the fence from being damaged.
COMMITTEE REPORTS
Councilmember Freytag reported on the Cemetery Board meeting of March 7. Mr.Freytag stated that Kristen Pape had completed the landscaping plan for the cemetery. Mr. Freytag stated that the plan included a row of maple trees in the area where the old road use to be.
Mr. Freytag stated that the Township and Village must hold their annual meeting to elect members to the Board.
Councilmember Vance arrived.
Mayor Eisenberg suggested determining the Cemetery Board appointments at the meeting with the School Board, the Township Trustees, and the Village.
Councilmember Freytag stated that the volunteers are all in agreement the Village should trheamtohvaed abneeonldremsatoprleedtr.ee in the cemetery which has dropped a large limb wrecking some of the stones
Manager Plunkett stated that he would talk to Marc Brockman of the Tree and Landscape Commission concerning the tree.
Councilmember Garrett reported on the Planning Commission meeting of March 7, 1994. At that Jmeerreyting, two architectural review applications were approved and the Commission tabled a request from Martin of the Village Coffee Shop, seeking approval to place plantings in front of his business. Mrs. Garrett stated that the Planning Commission discussed expansion of the Architectural Review District and suggested that the district should be expanded several streets. Councilmember Garrett stated that Jurgen Pape from the Planning Commission and Marc Brockman of the Tree L&andscape Commission were suppose to review with Dimension Cable the placement of the standby power cable boxes. Mrs. Garrett stated that Mr. Brockman was unable to attend the meeting therefor, Mr. Pape was the only person involved in making the recommendations. Mayor Eisenberg stated that Mr.Brockman could review Mr. Pape's recommendations. If any discrepancies are found, they can forward the problems to Council.
OLD BUSINESS
Ordinance No. 7-94, A"n Ordinance To Amend Sections ll, Ill, and IV Of Ordinance No.2-89, Establishing The Zoning Classification Of Properties Set Forth In Those Sections Of Ordinance No. 2-
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Council Agenda
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Page 3
89,"was reintroduced, title read, and moved for adoption by Councilmember Vance. Seconded by
Councilmember Marshall.
Manager Plunkett explained that in 1989, when the east Granville property was annexed into the
Village, several properties were inadvertently zoned two zoning classifications, and one lot had not been
zoned at all. Manager Plunkett stated that Ordinance No. 7-94 would correct the mistake.
Roll call vote: Vance yes, Freytag yes, Montgomery yes, Shulman yes, Garrett yes, Marshall
yes, Mayor Eisenberg yes. Seven yes votes, Ordinance No. 7-94 was adopted.
Bernie Williams Sign
Councilmember Montgomery moved to not reconsider the sign appeal. Seconded by
Councilmember Garrett.
Councilmember Vance asked Councilmember Montgomery to share with Council the reasons behind her motion.
Councilmember Montgomery stated that she did not think that Council can deny the installation
of a sign that they approved. She stated that the two people involved have a track record of disputing
among themselves. Mrs. Montgomery stated that Council needs to get out of their that in her arguments. She stated opinion, Mr. Williams should be allowed to put up the sign
Mayor Eisenberg agreed.
Councilmember Freytag stated that the sign code allows only two wall signs per structure. Mr. Freytag stated that there was already four signs on Mr.Williams'fence.
Councilmember Freytag stated that the minutes of the last Council meeting stated that Council will reconsider the appeal.
Councilmember Montgomery restated her motion to affirm the previous decision on the appeal hearing concerning the installation of the sign. Seconded by Councilmember Garrett.
To clarify the motion, Mayor Eisenberg stated that a yes votes would mean that the sign goes up, a no vote would mean that the sign will not be installed.
Roll call vote: Montgomery yes, Vance no, Freytag no, Shulman no, Garrett yes, Vice Mayor iMnsatraslhleadll. no, Mayor Eisenberg, yes. Four no votes, three yes votes. The sign is not permitted to be
Law Director Hurst stated that the prior decision of Planning Commission is reinstated and the sign will no be permitted to be installed. Mr.Hurst stated that Mr.Williams needs to be formally notified of the decision and he would suggest by certified mail.
Vice Mayor Marshall asked if it was Council's consent to do nothing concerning the Village becoming a franchise authority.
Mayor Eisenberg stated that was correct.
Councilmember Shulman stated that Council should talk with other communities that have agreements with Dimension Cable to see what they are doing.
Kevin Davis of Dimension Cable stated that no other communities in the Newark area are frreagnuclhaitsioensauthorities. He stated that there had been two filings by a Township but they never passed any in the time frame that was allowed.
NEW BUSINESS
Sidewalk Cafes
for the Mayor Eisenberg stated that both Victoria's Parlor and Brew's Cafe have requested permission use of the public sidewalk for outdoor cafes.
Councilmember Vance suggested if Council allows renewal of the outdoor cafes, a one year permit be issued from April to November.Mr. Vance stated that several citizens were concerned that the cafes would be allowed to issue other restrictions. Mr. Vance stated that smoking was on of the concerns mentioned. Mr.Vance stated that the cafe owners should not be allowed to restrict smoking on the public
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Council Agenda
March 16, 1994
Page 4
sidewalk. Mr. Vance also stated that he would like to see the outdoor cafes maintain the exact amount of
footage that they are given.
Councilmember Garrett questioned if a fee should be charged to the cafe owners for use of the
right of way?
Manager Plunkett stated that he had contacted the Ohio Municipal League and they did not know
of any municipality who charged for the use of the right-of-way.
Manager Plunkett stated that he would contact the Licking County Health Department to ask if
restricting smoking on the right of way would be appropriate.
Councilmember Vance stated that he would suggest not charging a fee for use of the public
sidewalk. He stated that in his opinion, the cafes should be allowed to operate for a one year period.
Mayor Eisenberg stated that he agreed that the cafe owners should not be charged a fee for the
use of the sidewalk. He stated that the owners should run the outdoor cafes the same as their business
inside. If they choose to run their business no smoking then they should be allowed to.
Resolution No. 94-14, A' Resolution To Reject All Bids For The Repair And Replacement Of The
East Broadway Sanitary Sewer," was introduced, read in full, and moved for adoption by Councilmember
Vance. Seconded by Councilmember Freytag. Motion carried. Resolution No. 94-14 was adopted.
Resolution No. 941- 5, A' Resolution To Authorize The Village Manager To Advertise For Bids
For The Repaving Of Summit Street,"was introduced, read in full, and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Vance. Motion carried. Resolution No. 94-15 was adopted.
Resolution No. 94-16, A' Resolution To Authorize The Village Manager To Advertise For Bids For The Purchase And Planting Of Street Trees,w"as introduced, read in full, and moved for adoption by Councilmember Garrett Seconded by Councilmember Vance. Motion carried. Resolution No. 94-16 was adopted.
Ordinance No. 8-94, A"n Ordinance To Amend Ordinance No. 439-3 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For Operating Expenses,w"as introduced and title read by Councilmember Shulman.
Mayor Eisenberg set the public hearing on Ordinance No. 8-94 for April 6, 1994, at 7:30 p.m.
Vice Mayor Marshall stated that Council had received a request from the Granville Kiwanis to approve the dates for the annual 4th of July celebration.
rides Councilmember Garrett asked if Council has restrictions concerning how far on Broadway the can go?
CounciCl?ouncilmember Vance asked if the Kiwanis had a plan that they were going to discuss with
Manager Plunkett stated that the Kiwanis are usually given permission to put on the celebration however,Council usually doesn't make any other decisions.
the celeCboraunticoinlm?ember Montgomery asked if the Kiwanis came to the Council and shared their plans for
Manager Plunkett stated that he always receives a copy of the plans from the Kiwanis.He stated that the Kiwanis always get permission from the police chief and from the fire department. Manager Plunkett stated that Council has never taken a role in the process. Vice Mayor Marshall stated that as long as there was coordination with the fire department and the police department he saw no reason to get Council's permission. planningCuonulenscsilmember Montgomery stated that in her opinion, Council should not be a part of the there are problems.
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March 16, 1994
Page 5
Mayor Eisenberg stated it may be a good idea for someone to come to Council and share the
plans with the Council.
MEETING ANNOUNCEMENTS
The next Planning Commission meeting is Monday, March 21, 1994.
The next Council meeting is Wednesday, April 6, 1994
ADJOURNMENT
Councilmember Vance moved to adjoum the meeting at 9:00 p.m. Seconded by Councilmember
Garrett. Motion carried.

Council Minutes March 2, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
MARCH 2,1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:33 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Vance
Councilmember Freytag
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Councilmember Vance moved to excuse absentee Councilmember Montgomery. Seconded
by Councilmember Garrett. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 37-93, "An Ordinance To Amend Chapter 1305
Of The Codified Ordinances Of The Village Of Granville And To Repeal Existing Chapter 1305 Of
Said Codified Ordinances."
No one appeared to speak for or against Ordinance No. 37-93. Mayor Eisenberg closed the
public hearing at 7:34 p.m.
A public hearing was held on Ordinance No. 5-94, A'n Ordinance To Amend Ordinance No.
43-93 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising
Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 5-94. The public hearing closed at 7:34 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the February 16, 1994, regularly scheduled Council meeting were presented
for review. Councilmember Vance moved to approve the minutes as corrected. Seconded by Councilmember Garrett. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Bernie &Hilah Williams
Sally MacPhail
Sue Hartfield
Stephen Plummer
Melissa Hartfield
Joe Hickman
Mrs. Krause who lives on the corner of Cherry Street and Broadway, was present to recommend that the Village build up the curb around Broadway. Mrs. Krause stated that a lot of bdraivcekr.s cut the corner too sharp. Mrs. Krause stated that another alternative would be to cut the curb
Manger Plunkett stated that the village has tried installing cement filled poles and that doesn't work. Manager Plunkett stated that he didn't think raising the curb would have any effect either. Mayor Eisenberg stated that Council could not control driving behaviors.
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Council Meeting Minutes
March 2, 1994
Page 2
Mrs. Krause stated that when people see a higher curb they are more aware and tend to stay
away from the curb.
Mayor Eisenberg stated that the Village would try raising the curb and see if that helps.
Manger Plunkett stated that the Village could cut back the curb if raising doesn't work.
Melissa Hartfield was present to speak concerning Bernie Williams' sign. Mrs. Hartfield
stated that she had painted the sign for Mr. Williams. She stated that the changes in the sign were
made by her and that she wasn't aware that the sign had to be made exactly as Council said. Ms.
Hartfield stated that the sign was not meant to be vindictive, she had raised the size of the letters so
that they would appear better. Ms. Hartfield stated that she wasn't aware that it would cause such
problems.
Mayor Eisenberg stated that the sign now meets the requirements. Mayor Eisenberg stated
that he would like to see the matter settled. Mayor Eisenberg stated in his opinion, Mr. Williams has the right to install the sign.
Law Director Hurst stated that he was asked by Council to check into various issues
concerning the sign. Mr. Hurst stated that he has conferred with Councilmember Freytag on the
matter to share information. Mr. Hurst stated that this issue would be lengthy and suggested discussing it under old business.
Arie Janssens stated that he was present in connection with the Cable TV Franchise
Renewal Commission. Mr. Janssens stated that one of the recommendations made by the
committee had been for the village to become a franchise regulator. Mr.Janssens not Council would asked whether or be willing to consider allowing the village to be a regulator?
Councilmember Vance stated that he thought Council agreed that it would look into consider becoming a regulator.
Manager Plunkett stated that Mr.Janssens would have to investigate how much the cost would be and what is involved. Mr.Plunkett stated that the deadline on the matter is the end of March.
Mayor Eisenberg stated that Council should make it an agenda item for the next meeting.
COMMITTEE REPORTS
Councilmember Freytag reported on the Recreation Commission meeting of March 1, 1994. At that meeting, there was considerable discussion on splitting shares with school board for the new dugouts that were built. The commission decided that they would pay half of the expense. There was also discussion on Wildwood Playground maintenance which is still unresolved. Mr. Freytag stated that Paul Treece had lined up six of the seven concerts for this year's C' oncert on the Green." board?Councilmember Garrett asked if the Recreation Commission had filled the vacancies on the
Councilmember Freytag stated the Commission had not, and there was another resignation. Mr. Freytag stated that three people have applied for a position on the board. Manager Plunkett stated that he had been speaking with Township Clerk Norm Kennedy. Both Mr. Plunkett and Mr.Kennedy can't find any legislation creating the Recreation Commission. Mr.Plunkett stated that they'd discussed having a joint Parks and Recreation Commission District. mMer.ePtinlugnkinetMt satracthed that the issue may be something to discuss with the Township Trustees at the or April.
OLD BUSINESS
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Ordinance No. 379- 3, A'n Ordinance To Amend Chapter 1305 Of The Codified Ordinances
Of The Village Of Granville And To Repeal Existing Chapter 1305 Of Said Codified Ordinances," was
reintroduced, title read, and moved for adoption by Councilmember Freytag. Seconded by Vice
Mayor Marshall.
Roll call vote: Freytag yes, Vance yes, Montgomery absent, Shulman yes, Garrett yes, Marshall yes, Mayor Eisenberg yes. Six yes votes, one member absent. Ordinance No. 37-93 was
adopted.
Ordinance No. 5-94, A'n Ordinance To Amend Ordinance No. 439-3 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For Operating
Expenses,"was reintroduced, title read, and moved for adoption by Councilmember Garrett.
Seconded by Councilmember Vance,
Roll call vote: Garrett yes, Shulman yes, Marshall yes, Montgomery absent, Vance yes, Freytag yes, Mayor Eisenberg yes. Six yes votes, one member absent. Ordinance No. 5-94 was adopted.
Bernie Williams' Sign Appeal
Law Director Hurst stated that Council had asked that he determine whether or not there is
authority for reconsideration of an appeal once it is determined. Mr. Hurst stated that the answer to the question is not one that he is comfortable with. He stated that he had sought an additional
opinion. Mr. Hurst stated that a council or any legislative body has the authority to reconsider a legislative act at any time.A legislative body does not have the authority to reconsider a quasi judicial act. The legislative body does have the authority to reconsider an administrative act as does
an administrative agency.A judicial act is an act which estimates rights and duties of parties based
upon the law as it existed at the time. A legislative act is an act that addresses the future. An administrative act is an act which interprets the consistency of an application or a request based
upon established criteria. Mr. Hurst stated that in his opinion, the answer to which act Council took,
or the classification of the act, answers the question. The act that Council took is not legislative. Is the action of the Planning Commission an administrative appeal or a quasi judicial act?Mr. Hurst stated that if Council looks at the arguments, there are arguments that the matter is a review of the administrative action. An administrative act may be reviewed or a decision by may be reviewed at any time up until the appeal period has run out. If one wants to reconsider an action as an administrative appeal, it can be reconsidered provided that rights have not been prejudiced within that time period.Mr.Hurst stated that he believes that the action of Council was a quasi judicial act and is not subject for reconsideration.
Mr. Hurst stated that he would welcome Mr. Freytag's comments on the matter. Law Director Hurst stated that the action of the administrative case in Akron was a preliminary approval. The next question would be did your reconsideration take place within the time to prefect an appeal which is a same time, 30 days from the rendering of a discussion. Councilmember Vance stated that Council granted the right to put up a sign, that sign was in violation. He asked if there is anything that starts a new time clock?Mr.Vance stated that the sign erected was in violation, does that give Mr.Williams the right to put up another sign? Law Director Hurst stated that Council said you may put up sign X' "and Y' "went up. Mr. Hurst stated that Council can say put up sign ' X"or nothing at all. Law Director Hurst stated that Council's reaction to the incorrect sign was an indication that Council was going to visit the issue again. Mr.Hurst stated that if Council maintains the position that this was an administrative appeal,the next question becomes was it within the 30 day period
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allowing Council to consider it in that time frame?If council makes the decision that it was quasi
judicial act, you enforce it.
Mayor Eisenberg stated that the reason the issue is before Council is that Council thought it
made a mistake in granting the sign appeal. Mayor Eisenberg stated that when you make a mistake
you have to live with the consequences of the mistake. If Council wants to turn it around, Council
could have muddy legal waters. Mayor Eisenberg stated that Mr. Williams should be allowed to put
up the sign that is in compliance, if the neighborhood dispute is to go any further Council will not be a part of if.
Councilmember Freytag stated that the closest case found was from the Ohio Supreme
Court. Mr. Freytag stated that he thinks it is clearly an administrative act. He stated that he didn't
think Council should have to live with the mistake when it can be corrected.
Councilmember Vance stated that the sign seems to be in conformance, however, he
thought there was another alternative. Mr. Vance stated that Council, being the representative body,
has expressed to Mr. Williams that an error was made in grating that sign. Mr. Vance stated that
Council should ask Mr.Williams to take the sign down for the interest of community good. Mr.Vance stated that he would like to see the two parties involved work out their differences.
Councilmember Freytag stated that in his opinion, Mr. Vance made an excellent suggestion.
Mr. Freytag stated that he would like to see the parties mediate their dispute and get it behind them.
Councilmember Vance asked Mr. Williams if he would consider not putting up the sign?
Mr.Williams stated that he came to Council in good faith asking Mr.Williams permission to put up a sign. stated that the sign is on his property asking neighbors not to back into his fence. Mr. Williams stated that there was currently 1$,000 worth of damage to his fence from Dr.Wagner's customers. He stated that he had been in the hospital and the Council has 'run him down in all
papers.M" r.Williams stated that Councilmember Freytag had called him names. Mr.Williams stated that he has got to have a right as a property owner. He stated that Council has let Dr.Wagner run him down and it has only caused him trouble. Mr.Williams stated that he would leave the sign down if Dr. Wagner would pay for the damage to the fence.
Councilmember Freytag stated that he did not call anyone any names. MarshalCl.ouncilmember Freytag moved to deny the sign from being put up. Seconded by Vice Mayor
Councilmember Freytag withdrew his motion.
Councilmember Vance moved to reconsider the granting of Mr.Williams permission to install the sign. Seconded by Councilmember Freytag.
Roll call vote: Vance yes, Freytag yes, Shulman yes,Garret yes, Marshall yes, Montgomery absent,Mayor Eisenberg no. Five yes votes, one no vote, one member absent. Motion carried. Law Director Hurst stated that if it's clearly determined to reconsider the issue, Council has an obligation to formally notify Mr.Williams that Council intends to reconsider the issue and formally put the issue on the agenda. Mr.Hurst stated that if Mr.Williams wishes to waive the formal notice, Council can consider this issue now. Mr.Hurst stated that if Mr.Williams waives the formal notice, the matter can be decided tonight, otherwise, the hearing will be set for the next meeting of Council. receivedMfor.rmHuarlst stated that no motion is needed, Council should ask Mr.Williams if he would like to notice.
Mr.Williams stated that he intends to put up his sign if he has to hire 19 attorneys. Melissa Hartfield stated that in her opinion, the entire issue is silly. Ms. Hartfield stated that it was her responsibility to make the sign. She stated that it wasn't meant to be vindictive. She stated that she was the one to blame if Council seen the sign as offensive. Councilmember Vance moved to formally notify Mr.Williams and hear the issue in two weeks at the next Council meeting. Seconded by Vice Mayor Marshall. Motion carried.
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Mayor Eisenberg stated that in his opinion, Council should have let the sign be installed and
allowed the problem to go away.
Councilmember Freytag stated that he took exception to that .Councilmember Vance
agreed.
NEW BUSINESS
Resolution No. 94-12,A ' Resolution Of Appreciation To Members Of The Cable Television
Franchise Review Commission,«was introduced, read in full, and moved for adoption by Vice Mayor
Marshall. Seconded by Councilmember Vance. Motion carried. Resolution No. 94-12 was adopted.
Resolution No.94-13,A ' Resolution Of Appreciation To June Bennett For 25 Years Of
Devoted Service To The Village of Granville Through Her Participation On The Granville
Improvement Board and its Successor,The Granville Tree &Landscape Commission,"was introduced, read in full, and moved for adoption by Councilmember Garrett. Seconded by
Councilmember Shulman. Motion carried. Resolution No. 94-13 was adopted.
Ordinance No. 6-94, A'n Ordinance To Amend Ordinance No. 43-93 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For Operating Expenses And Declaring An Emergency," was introduced, and its title read by Councilmember Freytag.
Councilmember Freytag then moved for the adoption of Section 111, the emergency Clause and read that section in its entirety. Seconded by Councilmember Vance.
Roll call vote: Garrett yes, Shulman yes, Montgomery absent, Vance yes, Freytag yes, Marshall yes, Mayor Eisenberg yes. Six yes votes, one member absent. The emergency clause was adopted.
Councilmember Freytag then moved for the adoption of Ordinance No. 6-94. Seconded by Councilmember Vance.
Roll call vote: Shulman yes, Garrett yes, Marshall yes, Montgomery absent, Vance yes, Freytag yes, Mayor Eisenberg yes. Six yes votes. Ordinance No. 6-94 was adopted.
Ordinance No. 7-94, A'n Ordinance To Amend Section 11, Section 111, and Section IV Of Ordinance No. 2-89, Establishing The Zoning Classification Of Properties In Those Sections And To Repeal Existing Section 11, Section 111, and Section IV Of Ordinance No.2-89,w"as introduced and its title read by Councilmember Vance.
Councilmember Vance stated that there was no indication as to what the zoning of those wprilolpbeer.ties is going to be. Mr.Vance asked Manger Plunkett for a short note stating how the zoning
Mayor Eisenberg set the public hearing on Ordinance No. 7-94 for March 16, 1994, at 7:30 P.M.
Councilmember Garrett stated that it is time for the tourist buses to again begin coming into the downtown. Mrs. Garrett stated that Council needs to determine if the Village will allow the buses to park on the streets, occupying two or three parking spaces. Councilmember Garrett stated that the buses often leave their motors running, letting carbon oxides to pollute the air which is often offensive to people walking.
Village of Granville
Council Meeting Minutes
March 2, 1994
Page 6
Mrs. Garrett stated that Council needs to come to a conclusion as to where the buses should
be allowed to park. Councilmember Garrett stated that the inns and the museums need to be
informed where the buses should park so they can direct the drivers to those areas.
Councilmember Vance stated that in his opinion, the matter could be taken care of in a
resolution form, prohibiting buses to be left with their engines running in the downtown area and
taking up multiple parking. Mr.Vance stated that the resolution should state that the Village will allow
the buses to park at the service building.
Mayor Eisenberg stated that he sees no problem prohibiting the buses to park in the
downtown. Mayor Eisenberg stated that perhaps Mr. Bennett will allow rental parking on his
property. Mayor Eisenberg stated that he thought it was an administration matter and did not have to
be addressed by a resolution.
Manager Plunkett stated that he will notify the inns and the museums that the buses should
be parked at the service building.
Councilmember Vance stated that he had received a copy of the letter from Bob Evans
concerning water and sewer services. Mr.Vance asked if Bob Evans was aware that the restaurant
would be a conditional use?Mr. Vance stated that he did they not want Bob Evans to be in a position that were unaware of.
Councilmember Garrett stated that she had talked to Planner Doug Tailford and Joe Hickman. Both had informed Bob Evans of the matter.
Councilmember Vance stated that he would like to commend The Sentinel for the editorial in the paper.Mr.Vance stated that it recognized the work that the Cable TV Committee done and Mr. Freytag's input.
Councilmember Freytag asked what the status was concerning the illegal dumping on Paul Kent's properly.
Manager Plunkett stated that he had spoken with Jerry Brems yesterday. Mr. Brems had expressed some surprise that dump was again being placed there. Mr. Brems has stated that he would go look at the property and get back to Mr. Plunkett.
Mr. Plunkett stated that if dump material was being placed on that property, perhaps there would be some action by the county prosecutor.
Vice Mayor Marshall stated that a company offering satellite TV in lieu of a cable system had been mentioned at the last Council meeting. Mr. Marshall stated that he had read Section 1191 of the ZsaotneilnligteCode. He stated that Council might want to tighten up that section concerning where and how dishes are placed.
the SR 6C6o1uncilmember Shulman asked if the brick crosswalks would be delayed with the delay of project.
Manager Plunkett stated that would be Council's choice.
Councilmember Shulman stated that perhaps ISTEA funds could help with the project.
Mayor Eisenberg stated that he would like to comment on the earlier cable TV franchise comments that Councilmember Vance had made about the related editorial in the Granville Sentinel. Mayor Eisenberg stated that a long time ago, the Council committed to Mr. Davis that Council would have an answer on the franchise by January. He stated that Council had had ample time for all
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Village of Granville
Council Meeting Minutes
March 2, 1994
Page 7
questions to be investigated and negotiated. Mayor Eisenberg stated that the committee did not do
their work in ample time. Mayor Eisenberg stated that is why he supported the franchise as adopted.
EXECUTIVE SESSION
Councilmember Vance moved to enter into executive session at 8:50 p.m. to discuss
pending legal matters. Seconded by Councilmember Garrett. Motion carried.
Councilmember Vance moved to enter into regular session at 9:29 p.m. Seconded by
Councilmember Garrett. Motion carried.
ADJOURNMENT
Vice Mayor Marshall moved to adjourn the meeting at 9:30 p.m. Seconded Councilmember Shulman. Motion carried.

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