Granville Community Calendar

Council Minutes January 8, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
January 8,1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:30
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Councilmember Drake
Mayor Marshall
Manager Plunkett
Councilmember Montgomery
Vice Mayor Freytag
Law Director Hurst
Councilmember Drake moved to excuse absentee Councilmember's Eisenberg and
Bellman. Councilmember Freytag seconded.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting ofDecember 18, 1996,were presented for
review. Councilmember Freytag moved to approve the minutes as amended. Seconded by Councilmember McGowan. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See attached list.
James Jump of 143 Thresher St. is representing himself and fellow regarding committee members the referendum petitions the Village Clerk refused to certify to the Board ofElections. He cited that as in the case ofHirshler v. Frazier 1(980)the o"bject clearly sought to be attained by such provisions should be promoted rather than prevented or obstructed"H. e stated the committee members felt the law should be strictly complied with. He said the law states the filing must occur within 30 days ofthe passing of such ordinance. A certified copy ofthe ordinance is to be filed before circulating the referendum petitions.Mr. Jump stated that it is unclear who's certification is required,the petitioners'or the clerk's. He stated that the original prec-ertification filing was superfluous and should be thrown out. The requirement ofthe law is to file the referendum within 30 days. The Committee filed the pref-iled petition within 30 days. The initiai target was to collect 225 signatures per petition. Each contained well over 300. He stated that there is no law that says the prec-ertified copy of a referendum petition is a master to which all others conform. Mr. Jump stated that the objections as stated by the Clerk are wholly without law. Mr. Jump asked that Council not let roadblocks be thrown in the way offiling these referendum petitions. He then presented the Clerk with a formal petition for Council to consider a Resolution to direct the Clerk of Council to certify said referendum petitions and refer
OrdinanceNos.'23-96 and 34-96 to the Licking County Board ofElections.
Carl Wilkenfeld of 317 West Elm Street thanked Mr. Jump for his hard work. He stated Mr. Jump was an excellent citizen ofGranville,the State ofOhio and our country. He directed comments to Council that in their letter to the Clerk,neither the Board ofElections or the office ofthe Prosecutor said anything about filing ofpetitions being incorrect. Their letters only stated that the Clerk ofCouncil ofthe Village ofGranville would not certify the petitions as valid.
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Council Minutes
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Mr.Wilkenfeld asked the Council,W "hat possible actions can the citizens ofGranville take to get
Council to do the right thing and direct the Village Clerk to certify the referendum petition
signatures to the Board ofElections and let the Board ofElections decide their validity?
Bill Wernet of 134 S Mulberry Street changed the direction of discussion to the
moratorium. He stated that before the election,Jerry Griffin and himself had talked to Law
Director Hurst,Mayor Marshall and Village Manager Plunkett about their concern for the
constitutionality of the moratorium. Given suits that have been filed in the aftermath of the
moratorium,he suggested that Council modify the moratorium instead ofwaiting on the outcome of such lawsuits.
Mayor Marshall stated that with lawsuits pending,it is impossible to discuss.
Mr. Wernet extended an offer to talk to Law Director Hurst about the moratorium and his
concerns of unconstitutionality stated by the Law Director. Mr. Wernet added that the Law
Director has yet to respond to Sarah Norman,who wrote the original moratorium ordinance,with regard to his concerns on the moratorium issue.
Vice Mayor Freytag asked Mr. Wernet what he specifically wanted done.
Mr. Wernet stated that the environment in the Village should be to work together on these things. He stated that problems ought to be worked out and resolved.
Vice Mayor Freytag asked Mr. Wernet if he was suggesting an amendment to the ordinance?
Mr. Wernet stated that Sarah Norman believes the moratorium to be constitutional and he is going under that presumption. He stated he has yet to be presented with anything to the contrary. He also stated a concern over unresolved issues in the Longaberger application. Mr. Wernet felt it very clear that the Longaberger application should not be halted on the basis ofthe moratorium. He questioned the lack of communication from Council.
COMMITTEE REPORTS
Councilmember McGowan said the Recreation Commission is looking for additional ball fields. He stated the Commission hopes to hire a new director within the next month to replace the McPeek's,who will be retiring in fall 1997.
OLD BUSINESS
Manager Plunkett asked Council for direction on replacing three burned out street lights in the Village;15 Sampson Pl.,corner of Plum and Maple,and 121 N. Plum St. He reminded Council that the Esplanade fixtures would not be shipped for 4-6 weeks. Vice Mayor Freytag expressed concern about the issues being raised in a memo from Assistant Manager Hickman. He stated that these issues are after the fact and should have been Craoismedmaitntedeaddressed before entering into a deal with AEP. It was noted that the Street Light would resolve these issues.
Councilmember McGowan suggested that the first priority should be to replace lights at intersections. He stated it was the Street Lighting Committee recommendation not to replace the tlihgehtcsolinorferdont ofhouses with p"ink highwayl"ights and he had heard numerous complaints about replacement lights.
Mayor Marshall recommended replacing burned out lights since only a few months remained until the new streetlight would be in place.
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Councilmember Montgomery stated that the Committee specifically recommended to not
replace the mid block lights that were burned out.
Village Manager confirmed that per Council instructions the only replacements he would
approve were at intersection locations. He suggested that the Street Light Committee meet with
AEP to discuss additional concerns.
NEW BUSINESS
Resolution No. 97-01.A Resolution To Authorize The Village Manager To Enter Into
Contract With Randall Arendt OfNatural Lands Trust For The Purpose Of Conservation Planning
Work In The Village Of Granville,was introduced,its title read,and moved for adoption by Councilmember McGowan. Seconded by Councilmember Freytag.
Councilmember McGowan stated for the record that he donated $ 25 as a contribution
toward the airfare ofRick Cole. He thinks it is a great idea to have Randall Arendt come here.
Mayor Marshall stated the Village Manager had suggested tabling after this Resolution until the Comprehensive Review Committee meeting on Sunday.
Vice Mayor Freytag was not in favor oftabling the Resolution. He felt Council should get on with the business of Council responsibilities.
Councilmember Drake shared Councilmember Freytag's concerns,however,he stated he is in favor of tabling this Resolution until after the Comprehensive Committee Meeting. He felt Council shouldnt' do anything to undercut the Comprehensive Committee. He suggested Council conduct interim steps and defer any action until the Committee has a chance to meet. He suggested segmenting areas ofRandall Arendt's proposed comprehensive plan to include 2#and 3. He stated he is not sure there will be time for # 4.
Councilmember Montgomery stated the urgency to move forward. She also stated the Rneeesdoltuotiwono.rk with the Comprehensive Plan Review Committee,however,she will vote to pass the
Mayor Marshall asked ifthe money had been appropriated in the '97 budget? Manager Plunkett said the money was available for consultant and professional services. Vice Mayor Freytag expressed concern with postponing1 #. Councilmember Montgomery suggested discussing concerns with Randall Arendt,making sure the plan is feasible without including 1#and 4#.
Councilmember Drake moved to amend Resolution 97-01 to include only Subdivision Ordinances and Zoning Ordinances review. Seconded by Mayor Marshall.
Three Roll call vote: Marshall yes,McGowan yes,Montgomery no,Drake yes,Freytag no. yes votes. Motion to amend Resolution No. 970-1 is granted. CouncilmemCbeoruDncrailmkee.mber McGowan moved to approve Resolution No. 97-01. Seconded by
Roll call vote: Marshall yes,McGowan yes,Montgomery yes,Drake yes,Freytag yes. Five yes votes. Resolution No. 97-01 was adopted as amended.
to Randall AMreanndatgaebroPultunkett stated that since the contract is mutually agreed upon,he will talk concerns.
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Councilmember Drake commented that having heard Randall Arendt speak,he
believes Mr. Arendt will understand and be able to adapt to the Council requirements.
Resolution No. 97-02,A Resolution To Award The Bid For The Purchase OfWater And
Sewage Treatment Chemicals,was introduced,its title read,and moved for adoption by
Councilmember Drake. Seconded by Councilmember Freytag. Resolution No. adopted. 970-2 was
Resolution No. 97-03,A Resolution To Authorize The Village Manager To Advertise For
Bids For The East Maple Street, South Prospect Street And West Maple Street Water Main
Replacement Projects,was introduced,its title read,and moved for adoption by Councilmember
McGowan. Seconded by Councilmember Montgomery. Resolution No. 97-03 was adopted.
There was a briefdiscussion by Council on how to handle tonight's c"itizens comments" pertaining to the moratorium. Council agreed that pending litigation does not permit Council to discuss most comments.
Law Director Hurst stated that he felt most of the comments were directed at him. He felt the feeling was that he had offended some citizens by the refusal to debate the issues.
Vice Mayor Freytag suggested there might be some merit to the notion that this legislation could be amended if amendments were suggested by Counsel.
Councilmember Montgomery pointed out that this was the citizens moratorium ordinance aonrddinnaontcCe.ouncil's. She felt it was not the obligation ofthe Council attorney to correct the
Councilmember Freytag stated he felt it was a Council issue since Council agreed to put the moratorium on the ballot. Councilmember Drake agreed.
Law Director Hurst felt it would be extremely foolish for Village Council to take action on this issue after Counsel had been taken to defend the Village with that legislation in place. Councilmember Freytag stated concern that some comments being made are tied to pending litigation.
EXECUTIVE SESSION
Councilmember Drake made a motion to move to an Executive Session to discuss issues pertaining to pending litigation. Councilmember Freytag seconded.
Time in 9:20pm.
Roll call: Eisenberg absent,McGowan present,Bellman absent,Montgomery present, Drake present,Freytag present,Marshall present.
FreytagCsoeuconncdilmede.mber McGowan made a motion to return to regular session. Councilmember
Time Out 9:40pm.
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January 8, 1997
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ADJOURNMENT
Councilmember McGowan moved to adjourn the meeting at 9:40pm. Seconded by
Councilmember Montgomery. Motion carried.

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