Granville Community Calendar

Council Minutes December 17, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
December 17,1997
CALL TO ORDER
Mayor Bellman convened the meeting at 7:32p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Lucier
Councilmember Robertson
Councilmember Wernet
Councilmember Rader
PUBLIC HEARING
Councilmember Freytag
Mayor Bellman
Law Director Hurst
Manager Hickman
A public hearing was held on Ordinance No. 229- 7,A "n 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, 1998.
No one appeared to speak for or against Ordinance No. 22-97. Mayor Bellman closed the public hearing at 7:34p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of December 3, 1997 were presented for review. Councilmember Wernet moved to approve the minutes. Second by Councilmembor Lucier. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month ofNovember was presented for review.
of theseMmaiynourteBse. llman directed the clerk to file the report. A copy ofthat report is attached as pdrt
Councilmember McGowan arrived.
MANAGER'S REPORT
The Manager's Report for the month ofNovember was presented for review.
Councilmember Rader moved to accept the Managers' Report. Councilmember Lucier second. Motion carried. A copy ofsaid report is attached as part ofthese minutes.
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CITIZENS COMMENTS
Those signing the register were:
See attached list.
At this time the agenda was taken out of order for consideration of Resolutions No. 97-46
thru 97-48.
Resolution No. 974- 6,A "Resolution Of Appreciation To Maxine Montgomeryw",as introduced, and read in full by Councilmember Wernet. Motion second by Councilmember McGowan.
Councilmember Wernet commended Ms. Montgomery for her dedication to the
Comprehensive Plan issues. Councilmember Robertson expressed the same for her dedication to the Planning Commission stating that she was a fine member.
Motion carried. Resolution No. 97-46 was adopted.
Resolution No. 974- 8,A " Resolution Of Appreciation To Arnold Eisenberg"w,as introduced, and read in full by Councilmember Freytag. Motion second by Councilmember MeGowan. Motion carried. Resolution No. 97-48 was adopted.
Mayor Bellman noted that any individual,especially one having spent as much time as Mr. Eisenberg has serving as CouncilmembeMr/ayor, should be recognized considering how much time is required of this position.
Resolution No. 974- 7,A "Resolution Of Appreciation To Pete Marshallw",as introduced, and read in full by Councilmember Rader. Motion second by Councilmember McGowan.
Police Chief Cartnal presented Mr. Marshall with a plague of appreciation for his dedicated service to Mayors Court and his support of the Village Clerk of Courts and Police Department.
Motion carried. Resolution No. 97-47 was adopted.
At this time Mayor Bellman opened the floor for Citizens Comments.
Mary Fellabaum of 310 E. Elm St.,expressed her wish that the Granville Police Department become more familiar with its citizens. She noted after seeing officers on roller blades and bicycles in other communities,she would like to see a more community oriented Police Department in Granville and would like Council to review such ideas. Councilmember Freytag noted that Chief Cartnal brought up the issue of bicycle patrol during budget review. Mr. Freytag re-iterated Mr. Cartnal's point that in most cases only two
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Council Meeting Minutes
December 17, 1997
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officers are on patrol. He added that an officer on bike patrol would unlikely be able to effectively
come to the aid of another officer on car patrol.
Ms. Fellabaum then noted that she had spoken to the Chief of Police in Grove City who
requires officers to spend two hours doing p"eople stuff"which is scheduled on their own time during an eight hour shift.
COMMITTEE REPORTS
Councilmember Rader reported that the S.R. 157 project is approaching sooner than originally thought. State Route 157 is the Rt. 79 corridor through Heath from 70 to S.R. 16. He noted that the Licking County Planning Commission would like to give a presentation to Council in late January or early February.
Councilmember Robertson noted that an advantage to S.R. 157 would be the accessibility
t1o6.Licking Memorial hospital, and modifications to the Cherry Valley Road intersection of S.R.
AWork Session was scheduled for January 14,1998 at 7:00pm in Council Chambers with the Licking County Planning Commission for presentation and discussion of the S.R. 157 projE:. 1.
OLD BUSINESS
First Presbyterian Church
Bill Acklin,Development Committee Chairman, noted that he had submitted a letter to Council summarizing work that had been done to date on this project. He stated that church representatives have met with the Planning Commission and with the BZBA on the issues of variances. Mr. Acklin showed drawings of the proposed project. He noted that one of the key positions of the church was to maintain the integrity of the church structure. He feels they have designed an attractive addition. He noted one issue which. needs Council's approval is the location of this addition which rests in the public square. He noted that the Presbyterian Church was the first church built in the 1800's. He pointed out that in the early 60's the Methodist Church did something similar. At that time this was considered to be an exchange of use of land. He noted that the church wishes are to do whatever needs to be done to assure that Mr. Seith and Ms. Prentice will continue to have access to their homes. He stated that the First Presbyterian needs;1)the approval to build;2)the rer-outing and designation of Locust Street as a true street west ofthe Church and north ofthe Christian Education Building;and 3)a request for building in the right ofway. Mr. Acklin stated the church had originally hoped to complete this project by the end of this year. He has since realized there is a lot to do to prepare for such an approval. He requested a response from Council by the middle of January as he would like to report on this project during the annual meeting ofthe congregation on the 25th.
It was noted that this topic would be on the agenda January 7th ,1998 for discussion by Council.
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Country Health
Sara Goss Norman, an attorney representing Carl Wilkenfeld, noted that in September,
1996,Mr. Wilkenfeld intended to have the Village Council consider additional information related
to motel developments which he wished to be considered before a conditional use permit whould
be granted the Concepts In Lodging, Country Hearth motel. She noted that Mr. Wilkenfeld's
standing in this request became the issue. She then noted that after Council voted not to consider
the appeal of Mr. Wilkenfeld, he then filed an appeal with the Licking County Common Pleas
Court. She noted that the Common Pleas Court determined that this Council had the right to decide if someone was able to bring such conditions before it. She stated that Mr. Wilkenfeld
then filed an appeal with the Court ofAppeals whose decision was the same as the Common Pleas
Court. She stated that Concepts in Lodging has been essentially a non-player. She stated that
Concepts in Lodging has not paid fees to the Village,or returned phone calls to either herself the media. She stated that Concepts in or Lodging made no claim to the bond Mr. Wilkenfeld filed
in the appellant court. She then examined the role that the Village Law Director played in this
issue. She stated that the Law Director was the person that initiated the question of standing of
Mr. Wilkenfeld. She stated that the difficulty she and Mr. Wilkenfeld had in accepting this was that he was the only person to contest on a continual basis. She stated that her position is to let
Council know that they have the ability to decide the outcome of this case and that no court has
jurisdiction over this case. She then stated that if Council did not take action on this issue tonight,
an appeal will be filed at the Supreme Court level tomorrow.
Mark Weaver of 217 Wicklow Drive in the Village Green stated he disagrees with the conclusion that Council is unable to reconsider this decision. He stated that under the rules of ?
and the Political Question Doctrine,Council has the ability to reconsider or rescind the action of the previous Council which would allow Mr. Wilkenfeld his right to be heard. He noted that as most citizens don't have the time to attend Council meetings,their message is sent on election day
as they are counting on Council to make decisions for the Village. He asked Council to remember that the people sent a message during the last election and he hoped Council would reconsider this case.
Carl Wilkenfeld handed out two versions of resolutions for Council's consideration. He stated that the citizens have never had the chance to talk about what this type of development amsepaonssstioblteh.em. He stated that they have been shut out. He feels something needs done as quickly
means Council can bring a decision back to the table at any time and is a legal basis for reopening
Ms. Norman stated the <C'ouncil Rules"are governed by Roberts Rule of Order which
this case. She stated that Concepts in Lodging does not have any vested rights or interest in this apgroapinesrtty. They have engaged in no contracts or purchases that would entitle them to come back the Village if it rescinded in this decision.
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Councilmember Freytag asked Ms. Norman for case citations showing Council's legal
authority to reconsider a decision of this nature.
Mayor Bellman stated that if Council were to withdraw its earlier decision,at this point it
would appear to be a clear case of being arbitrary and capricious.
Ms. Norman said she felt that would depend on the manner in which this action would be
phrased.
Councilmember Freytag would like to determine whether we have the right to reconsider.
He stated he was unwilling to take any action tonight and although he agreed with the goal, he
questioned the means.
Following a brief discussion,Council decided they would like to make a decision tonight
and chose to revisit this issue later in the meeting.
At this time Council chose to consider Resolution No. 97-45:
New Business)
Resolution No. 974- 5,A "Resolution Of The Council Of The Village Of Granville,Ohio
Consenting To The Sale And Assignment Of Assets,including The Cable Television Franchise,
From CoxCom,Inc. To FrontierVision Operating Partners, L.P."w,as introduced and read by Councilmember Rader. Motion second by Councilmember McGowan.
Councilmember Rader again noted that FrontierVision, although a highly leveraged
purchasen (ot unusual in this type of industryc)a,me highly recommended,and are experts in their field.
A discussion continued as to the idea of adding a section to this resolution referencing a letter from William J. Mahon, Jr,VP of Operations for FrontierVision partners committing to providing the highest level of customer service, satisfaction and variety to the Village of Granville. A motion was made by Councilmember Wernet. Seconded by Councilmember McGowan.
Councilmember Freytag stated he will not vote for this resolution. Following his review of the operating documents,and services,he noted the operating loss and short term perspective. He feels this is not in the Village's best interest. He feels a majority of the credit used to buy these interests appear to be short term. He stated this is a bad deal.
resolutiCono.uncilmember Robertson inquired as to the consequences of turning down this
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Law Director Hurst stated that a Councilmember's concern as to the finances of the
acquiring entity,or a view as to the prudence of the business arrangements, is a legitimate basis
for turning down the resolution. He then notified Council that his understanding of this issue is
that the consent cannot be unreasonably withheld noting there is an obligation for FrontierVision
to report the results of communities decisions to the FCC. The FCC then reviews whether such a
result would have any consequence at all. He noted that the FCC has no obligation to investigate
the reason.
Ms. Judy Pierce,VP-CoxCom,noted that the financials reflect 1996 figures and expects
1997 financials to improve. She noted that all other consents have been obtained with the
exception of Granville. She added that should this Council vote against this resolution and the
FCC continues to uphold it,CoxCom will most likely retain ownership of whatever cannot be
transferred.
Roll call vote: McGowan no,Lucier no,Robertson no,Wernet no,Rader yes,Freytag Bellman no, yes. Five no votes,two yes votes. Resolution No. 97-45 was defeated.
Council took a three minute break.
Old Business)
Ordinance No. 22-97.A "n 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, 1998,was reintroduced,its title read by Councilmember Freytag. Motion second by Vice Mayor McGowan.
Vice Mayor MeGowan made a motion to amend Ordinance No. 22-97 to include the cost of electricity for Christmas Tree Lighting in the Village 3(1 trees and 1 big tree in the Broadway median area)M. otion second by Councilmember Wernet. Six ayes,1 nay F(reytag)M. otion carried.
Councilmember Robertson brought up the issue of car cameras for the Police Department. PMoalnicaeger Hickman noted one camera is appropriated in the Law Education Fund and one in the Fund.
Mayor Bellman stated he was still in favor of only one camera which would come from the Education Fund. Vice Mayor MeGowan and Councilmember Lucier agreed with Mayor Bellman.
Councilmember Robertson,Wernet,Rader,and Freytag were in favor of leaving the Ordinance as is with two cameras appropriated.
Manager Hickman noted that 5$00 would be added to the 230 Utilities account for the funding of Christmas Tree lights.
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Roll Call Vote: McGowan yes,Lucier yes,Robertson yes,Wernet yes,Rader yes,Freytag
yes,Bellman yes. Seven yes votes. Ordinance No. 22-97 is adopted.
Resolution No. 974- 9,A "Resolution To Amend Pay Classifications And Salary Rates For
The Several Departments Of The Village Of Granville"w,as introduced and read in full by
Councilmember Wernet. Motion seconded by Councilmember Freytag. Motion carried.
Resolution No. 97-49 was adopted.
Resolution No. 975- 0,A "Resolution To Adopt The Findings Of Fact In The Appeal Of
Granville IGA", was introduced and read in full by Mayor Bellman. Motion seconded by
Councilmember Rader. Six ayes, 1 nay F( reytag).Motion carried. Resolution No. 97-50 was adopted.
Ordinance No. 23-97.A "n Ordinance To Establish The Granville Village Acting Manager's Salary For 1998, and Declaring An Emergency"w,as introduced, its title and
emergency section read by Councilmember McGowan. Motion seconded by Councilmember Freytag.
Roll call vote on the emergency clause: McGo¥Gan yes,Lucier yes,Robertson yes,Wernet
yes,Rader yes,Freytag yes,Bellman yes. Seven yes votes. Emergency Clause is adopted.
Roll call vote on Ordinance No. 23-97: McGowan yes,Lucier yes,Robertson yes,Wernet
yes,Rader yes,Freytag yes,Bellman yes. Seven yes votes. Ordinance No. 23-97 is adopted
Country Hearth c(ontinued)
Donna Childers of 451 N. Granger St. stated she was please with the new Council assembly. She asked Council to take a look at the Country Hearth situation. She feels the last election reflected Council being responsive to the citizens of Granville. She gave emphasis that the citizens should be allowed to speak.
Constance Barsky of 221 E. Elm St. stated her concern that issues related to standing were not correctly conveyed to the courts. She also asked Council to review the minutes from the meeting ofthe actual hearing before issuing any building permits. She noted that Council has the responsibility of the health and welfare to the community and feels Council has the ability to revoke or resend the Country Hearth decision. She also stated her long term concern about the impact of S.R. 157 and the liability of this building to the community. She recommend Council take a position to some citizens concerns by revoking the present situation and write a letter to Country Hearth requesting a response by the next council meeting. She stated there is precedence for this Council to reverse the Country Hearth decision.
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Mark Weaver stated his fear that this Council may have problems with this corporate
citizen in the future as their responsiveness has not been apparent thus far. He stated that the
citizens on the eastern edge of this village have a very strong feeling that Council does not care
about that area.
Carl Wilkenfeld asked Council what one has to do to be treated fairly and not manipulated,
and to have the right thing done for the community. He asked what he could do to help each
Councilmember get across this c"hasm".
Councilmember Robertson feels we have had a massive silencing of citizens,and should
figure out a way the appeal can be heard on the conditional use decision of Country Hearth. She
stated she feels Mr. Wilkenfeld did have standing and that standing should not have been an issue
in the courts decision.
Councilmember Freytag explained that we were a party to that lawsuit. He noted that the
Common Pleas and Court of Appeals have said that Mr. Wilkenfeld does not have standing. He
stated that if we turn it around and say he does have standing, the court could issue an order
against us. We would be disobeying the court.
Following a discussion on the idea of hearing this appeal,Council discussed the possibility
of reconsidering this appeal on their own notion as a justifiable reliance. It was noted this would need to be researched.
After a lengthy discussion,the decision was made to direct the Law Director to review the
justifiable reliance issues as it would apply to this case.
Vice Mayor McGowan introduced Resolution No. 97-51 and read language to this
resolution with regard to the issue of Council directing the Law Director to prepare a written list of legal options that would help Council determine a course of action consistent with the sense of Council resolution. Motion second by Councilmember Lucier.
Councilmember Wernet proposed an amendment to Resolution No. 975- 1's title to readA " Resolution To Direct The Law Director To Investigate And Develop Options"M. otion second by Councilmember Robertson.
Roll call vote: McGowan yes,Lucier yes,Robertson yes,Wernet yes,Rader no,Freytag no,Bellman no. Four yes votes,three no. Resolution No. 97-51 is adopted.
Committee Assignments
PlanninMg ayor Bellman appointed Councilmember Wernet as Council Representation to the Commission.
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Mayor Bellman noted that for the time being,he and Councilmember Wernet will remain
on the Green Space Committee. Phasing out will take place in the near future and Lisa Minklei
and Barbara Martin will replace them.
Fanchion Lewis
Mayor Bellman suggested Maxine Montgomery be asked to get involved in the sign
committee for Fanchion Lewis Park.
Bob Kent
Law Director Hurst noted he had gone as far as he can go with this issue and it is now up
to Council to make a decision. Mayor Bellman asked anyone interested in this issue to review for
a possible discussion at the next meeting.
Ms. Innis
Councilmember Robertson noted that Ms. Innis of North Pearl Street is having trouble
backing from her driveway since the intersection changes at the corner of Granger and College
Streets. Manager Hickman and Mayor Bellman will walk over to investigate this issue.
Constance Barsky -Bob Evans
Councilmember Robertson commented on the letter from Constance Barsky with regard proposing to a work session with Bob Evans. Ms. Robertson recommended that a representative
from the Planning Commission be involved in this meeting. She stated a concern that the site plan
passed by the Planning Commission and the site plan presented during the hearing are not the
same. Ms. Robertson volunteered to be involved in these meetings.
ADJOURNMENT
Councilmember Rader made a motion to adjourn the meeting at 11:03p.m. Motion second by Vice Mayor McGowan. Motion carried.

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