Granville Community Calendar

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
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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
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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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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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