Granville Community Calendar

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
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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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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
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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
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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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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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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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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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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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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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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.

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