Granville Community Calendar

Council Minutes September 4, 1996

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
SEPTEMBER 4,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:00 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Montgomery
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Plunkett
Vice Mayor Freytag moved to excuse absentee Councilmember Bellman. Seconded by Councilmember McGowan. Motion earned.
APPOINT NEW MEMBER
Mayor Marshall stated that Council would vote by paper ballot vacated by Kevin Bennett. to fill the Council seat
Manager Plunkett stated that Ben Rader had withdrawn his application to fill the vacant council seat.
Mayor Marshall stated that a majority of the councilmembers must vote in favor of the replacement. Ballot results: Two votes for Marc Shulman,three votes for Rob Drake. Councilmember Bellman arrived.
Second vote: Three votes for Marc Shulman,three votes for Rob Drake.
Third through Sixth vote: three votes for Shulman,three votes for Drake.
Seventh vote: Three Shulman,two Drake,one Chas Pavalko.
Eight through thirteenth vote: three Shulman,three Drake.
After the thirteenth vote,a five minute recess was taken. Council decided to continue with other business on the agenda and to continue the new Councilmember selection after all business was taken care of.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 279- 6.A "n Ordinance To Amend Ordinance No. 37195 Providing For Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Providing Sums For Operating Expenses."
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Village of Granville
Council Meeting Minutes
September 4, 1996
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No one appeared to speak for or against Ordinance No. 27-96. The public hearing
closed at 7:38 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting of August 21, 1996,were presented
for review. Vice Mayor Freytag moved to approve the minutes as corrected. Seconded by
Councilmember Eisenberg. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See attached list.
Dorothy Garrett spoke in opposition to Mr. Longaberger's proposed gated/riveway on Newark Granville Road. She stated that in her opinion,the gate and fence were not keeping
with the neighborhood and another cut was not needed on Newark Granville Road.
Jerry Griffin of 4 Shepard Place,stated that Council places responsibility for approving applications on the Planning Commission,and the Commission works hard. He stated that
when the commission turns down an application,they must justify their decision. He stated
that most commissioners take their position seriously,and voted the Longaberger application
down 4 to 1. He stated that if any Councilmember voted to overturn the Planning
Commission,he would like to hear point by point the reasons for doing so. Constance Barsky stated that she agreed with both citizens'comments,and stated that
the Village is nipping away at the master plan and should be very careful about making changes.
Clifton Crais stated that many people were alarmed by the way in which the work of the North Pearl Street Committee's recommendations were discussed at the last Council
meeting. He stated that at one point in the meeting a citizen had askedw "hat is the procedure hereH?e" stated that some recommendations were discussed and others were turned down
and struck many as being undemocratic.
COMMITTEE REPORTS
Councilmember MeGowan reported on the Recreation Commission meeting. The commission is now registering for their fallieagues. The commission discussed long range planning items such as restrooms at Wildwood Park and discussed the renewal of a levy for the November ballot.
OLD BUSINESS
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Village of Granville
Council Meeting Minutes
September 4, 1996
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Brenda Boyle of Wicklow Drive presented a petition to Council with 24 village
residents' signatures,expressing their wishes to see Marc Shulman appointed as the
Councilmember to replace Kevin Bennett. A copy ofthat petition is attached as part ofthese
minutes.
Ordinance No. 27-96A,n"Ordinance To Amend Ordinance No. 379-5 Providing For
Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Providing Sums For
Operating Expensesw,"as reintroduced,its title read,and moved for adoption by Vice Mayor
Freytag. Seconded by Councilmember McGowan.
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Freytag
yes,Mayor Marshall yes. Six yes votes. Ordinance No. 27-96 was adopted.
Longaberger PUD Hearing Decision
Councilmember Montgomery stated that she would like to see the Longaberger
decision held off until the last item of business because some interested citizens were
attending a memorial service and would be late. Council agreed.
NEW BUSINESS
Set Date for Wilkenfeld Appeal
Mayor Marshall scheduled a hearing to consider Carl Wilkenfeld's appeal of the
Board ofZoning and Building Appeals'June 27, 1996,decision to grant a conditional use permit for Country Hearth Inn for October 2, 1996,at 7:00 p.m..
Ordinance No. 309- 6.A "n Ordinance To Amend Ordinance No. 379-5 Providing For Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Revising Sums For Operating Expensesw,a"s introduced and its title read by Vice Mayor Freytag.
Mayor Marshall set the public hearing on Ordinance No. 309-6 for September 18, 1996,at 7:00 p.m.
Beggar's Night
Council set Beggar's night in the Village for Wednesday,October 30,1996,from 5:30 p.m. to 7:00 p.m.
Longaberger PUD Hearing Decision
Mayor Marshall stated that Council had heard the presentation from Longaberger representatives at the August 21 meeting. He stated that now Council must vote on the decision however,Mr. Longaberger had revised the design.
Law Director Hurst stated that Council must proceed with the vote,or ifCouncil felt that the plan is different than what the Planning Commission had before them,Council may rdeirveiscitotnhsa.t the proposal be remanded back to the Planning Commission to consider the
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Village of Granville
Council Meeting Minutes
September 4, 1996
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Longaberger representative Tony Tanner stated that the gate had been changed and felt
that it was an improved plan. He stated that after looking at the plan,Mr. Longaberger had
agreed with the community that the gate may be too large. Mr. Tanner presented Council with
plans for the revised gate. He stated that with the new gate,the length of the wall is reduced
by 20 feet,and the piers have been removed from the top of the posts. He stated that the piers
have been changed to match the caps of the guard house. He stated that the driveway remains
24 foot wide and the stone will still match the existing stone. He stated that the brightness of
the lights is in the process of being dimmed and should be complete next week. He reminded
Council that the gate houses had been moved back and were no longer in the Transportation
Corridor Overlay District.
Councilmember Bellman excused himself from the Longaberger discussion.
After a brief discussion,Vice Mayor Freytag moved that the Longaberger PUD
hearing be remanded back to the Planning Commission on the grounds that the plan has been
substantially changed. Seconded by Councilmember Montgomery.
Roll call vote: Eisenberg yes,McGowan yes. Montgomery yes,Vice Mayor Freytag
yes,Mayor Marshall yes. Councilmember Bellman excused himself from voting. Five yes votes. Motion carried.
Mayor Marshall directed the Planning Commission vote on the Longaberger PUD
hearing on Monday,September 9,1996.
APPOINT NEW COUNCILMEMBER
Council voted on the appointment of a new member for the fourteenth and fifteenth time resulting in three Shulman,three Drake..
Law Director Hurst stated that the Village Charter mandates that a council vacancy be filled within 30 days and this was the 30th day. He stated that Council has the Charter until 12:00 p.m. or is violated. He stated that the Charter goes on to say that the vote must be a majority ofthe remaining members ofCouncil. After reviewing the Ohio Revised Code,Law Director Hurst stated that Council should be aware that Section 731.43 may come into affect which states that if the appointment isn't made within 30 days,the mayor shall fill the vacancy by appointment. He stated that at this point he is not sure that will happen,but it is a possibility. He stated that he needed to review case laws before he could render his decision. Council continued to vote resulting in deadlock,Shulman three,Drake three. sixteenth through nineteenth)
Councilmember Montgomery moved to have one more ballot vote and if a decision couldn't be reached,to adjoum. Seconded by Councilmember Eisenberg. Roll call vote: MEiosetinobnedrgenyieesd,.McGowan no,Bellman no,Montgomery yes,Freytag no,Mayor Marshall yes.
Council continued to vote resulting deadlock,three Shulman,three Drake.t w(enty through twenty two)
Vice Mayor Freytag suggested a compromise candidate.
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Village of Granville
Council Meeting Minutes
September 4, 1996
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Councilmember Montgomery,Councilmember Eisenberg and Mayor Marshall
disagreed with the idea of selecting a compromise candidate who did not express interest in
the position.
Councilmember Eisenberg moved to continue voting until 9: 15 p.m. and if a decision
could not be reached,to adjourn. Seconded by Councilmember Montgomery. Roll call vote:
Eisenberg yes,McGowan no,Bellman no,Montgomery yes,Freytag no,Mayor Marshall yes.
Three yes votes,three no votes. The motion was denied.
Councilmember McGowan stated that Marc Shulman should be appointed to fill the
vacant seat because he was the next highest vote getter in the last election.
Council continued to vote resulting in three Shulman,three Drake. tw( enty three
through thirty.)
Councilmember Montgomery asked if anyone had spoken to any of the other
candidates. She stated that she had talked to Mr. Rader and Mr. Pavalko,and relayed to
Council the information she obtained concerning Mr. Pavalko.
Vote thirty one through thirty two: three Shulman,one Pavalko,two Drake.
Vice Mayor Freytag again suggested nominating someone who had not expressed an interest in the vacant seat. Councilmember Eisenberg,Councilmember Montgomery and
Mayor Marshall did not agree with the suggestion.
Vote thirty four: three Shulman,two Drake,one Pavalko.
Councilmember Eisenberg moved to stop voting. Seconded by Mayor Marshall. Roll
call vote: Eisenberg yes,McGowan no,Bellman no,Montgomery yes,Freytag no,Mayor yes. The motion was denied.
Vote thirty five: three Shulman,three Drake.
Vote thirty six through thirty eight: three Shulman,three Drake.
Councilmember Bellman suggested appointing Lyn Robertson.
Councilmembers Eisenberg and Montgomery expressed their unwillingness to appoint
someone who did not express an interest in the position.
Vote thirty nine: three Drake,two Shulman,one Lyn Robertson.
Vote forty: Three Shulman,three Drake.
Vice Mayor Freytag moved to adjourn the meeting at 10:27 p.m. Seconded by Councilmember Eisenberg. Roll call vote: Eisenberg yes,McGowan yes,Bellman yes, Montgomery yes,Vice Mayor Freytag yes,Mayor Marshall yes. Six yes votes. The meeting adjourned at 10:28 p.m.

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