Granville Community Calendar

Council Minutes November 19, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
November 19,1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:3Op.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember MeGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Rader
PUBLIC HEARING
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
A public hearing was held on Ordinance No. 20-97.A "n Ordinance To Revise The Codified Ordinances By Adopting Current Replacement Pages"
No one appeared to speak for or against Ordinance No. 209-7. Mayor Marshall clos, :d the public hearing at 7:3 lp.m.
A public hearing was held on the 1998 Municipal Budget. Mayor Marshall deferrel the public comment on the budget until this issue is addressed by Council during neN, business.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of November 5, 1997 were presented for review. Councilmember Eisenberg moved to approve the minutes as amended. Secordd: by Councilmember Rader. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of October was presented for review.
Mayor Marshall directed the clerk to file the report. A copy of that report is atta'Ae 1 as part of these minutes.
MANAGER'S REPORT
The Manager's Report for the month of October was presented for revierv.
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Village of Granville
Council Meeting Minutes
November 19, 1997
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Councilmember Rader moved to accept the Manager's Report. Councilmember
McGowan seconded. Motion carried. A copy of said report is attached as part of these
minutes.
CITIZENS COMMENTS
Those signing the register were:
See attached list.
COMMITTEE REPORTS
Councilmember Montgomery reported that at the Planning Commission meeting of November 10, 1997,the following was decided: Mr. Fackler's zoning certificate application
was tabled;applications were approved for 213 N. Granger St.,326 N. Granger St.,325 VT. Broadway; application for the Village Brewing conditions, Company was tabled; approved, with a zoning certificate application for three dormitories at Denison University;and scheduled a work session with Mr. Fackler concerning Fackler Country Gardens. The next regularly scheduled meeting is November 248,1997
Vice Mayor Freytag reported that the Tree &Landscape Commission met November 11, 1997. He noted items of interest as related to the accomplishments of the year included the planting of 64 new trees throughout the Village. He also noted that the Tree L&andscape Commission desire an additional 2$,000 in 1998 for improvements to Opera House Park.
Vice Mayor Freytag also reported that the Cemetery Board met on November 1'-.' He noted that from the 9$1,000 made available to the board by the trustees,6 $0,278 has been spent in restoration efforts. He also noted that this is the second year the Granville Foundation has made a grant of 3$,000 for landscaping to the cemetery. He stated the b02rd discussed the availability of a future entrance to the cemetery if landscape work is done along the south side where the main entrance is now located. Mr. Freytag noted that there are 206 more stones which need extensive repair adding that over 500 stones have already been repaired. He feels there should be a point of diminishing returns and that some of these funds should be retained for future cemetery repair.
OLD BUSINESS
IGA Appeal Decision
required Mayor Marshall noted in accordance with prevailing ordinances, Council is to reach a decision on the Granville IGA Appeal tonight.
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Council Meeting Minutes
November 19, 1997
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Councilmember Rader stated that he had met with Mr. Ross to discuss a compromise
with the idea that if the approval was given to repair the sign,IGA would agree to bring the
sign into compliance at the time of future road repair to South Main Street. Mr. Rader said he
received a call from Attorney Art Morrow noting that a compromise situation was not
acceptable by the IGA.
Law Director Hurst stated that this sign is non-conforming and noted that the
ordinance allows the sign to exist as long as it is not voluntarily changed or revised. He
stated that the IGA can keep that which they have in"definitelyu"nder the current scheme of
things. If the IGA wishes to change that which is non-conforming, he noted that the
ordinances say that in absence of a variance, one must come into conformity.
Councilmember Bellman feels if this is g"randfatheredt"h,ere is no need to get intc tne
variance issue. However,if it is not g"randfatheredt"h,e decision is whether or not to grant a variance of this degree.
Law Director Hurst feels that the term g"randfathering"is not necessarily the correct terminology. He noted that this sign is non-conforming and does not derive meaning from the
term g"randfathered"H.e stated that if this variance is granted,it stays forever unless there, is a request to change it again.
Councilmember Eisenberg stated that no matter what you call it, this is no.1- conforming by the standards of the codified ordinance sign codes. He stated that the idea with regard to the entrances of the village)is to keep things as attractive as possible. He considers this sign not attractive and would like to see all the signs at the entrances of ti.e village brought into compliance with the codified ordinance sign code. He will vote o' uphold the decision of the Planning Commission.
Councilmember McGowan stated he did not have a strong opinion one way or the other, but appreciated Mr. Eisenberg's comments. He would like to see future legislation reflect mandatory compliance.
Councilmember Montgomery feels that because it is a multiple business sign,it could end up with a big hole in it ifthe sign variance is not granted. She feels Council should allow IGA to make the sign changes.
Vice Mayor Freytag stated that he agreed with the statement of Councilmemb#: 1 Eisenberg. He also stated that although he feels the sign is not attractive,according r 1189.04 k( ),an exception is made for the repair and repainting of to Section existing design is reproduced. He feels the designs provided the names ofbusinesses but to regulate the visuaplurpose of a sign ordinance is not to regulate the the language ofthe sign could impact of a sign. He questioned how changii,g materials. He feels IGA affect the visual impact,when using the same colors,and same has met the meaning of Section 1149 k( ).
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Council Meeting Minutes
November 19, 1997
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Mayor Marshall stated that IGA had the choice to do nothing, and the sign will only
get worse. He feels the sign will be more attractive if approval is given to replace the sign.
He stated that the Village has thrashed this " small"matter around in an embarrassing way, and he feels Mr.Ross'request is reasonable.
Councilmember Bellman feels that this is not the same design and does not see the
similarity at all. He noted 1189.02 ( d)which says the sign design includes all elements,
including,but not limited to, size,material, graphics, color and lighting. He stated he could
meet on middle ground with the understanding that this sign would be put in compliance
when the South Main Street project is complete. He is willing to look at accommodations
which would be good for the Village and IGA.
Vice Mayor Freytag made a motion to reverse the decision of the Planning
Commission's rejection of a sign variance approval for IGA,under the condition that all blue
coloring be removed from the replacement proposal,and that the second sign,which is owned solely by the IGA,be removed completely. Councilmember Montgomery seconded.
Roll call vote: Eisenberg no,McGowan no,Bellman no,Montgomery yes,Rader no, Freytag yes,Marshall yes. Four no votes,three yes votes. Motion failed.
Ordinance No. 209- 7,A "n Ordinance To Revise The Codified Ordinances By Adopting Current Replacement Pagesw",as reintroduced,its title read and moved for adoption by Councilmember Rader. Seconded by Vice Mayor Freytag.
Roll Call Vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Rader yes,Freytag yes,Marshall yes. Seven yes votes. Ordinance No. 20-97 is adopted.
NEW BUSINESS
Cox Communications
Cox Communications Vice President and General Manager Judith Pierce spoke to Council requesting the approval of a resolution which would give consent from the village to the sale and assignment of assets from CoxCom Inc.t,o FrontierVision and Frontier Operating Partners,L.P. She noted that FrontierVision is a new company which was formed in 1995 by seasoned veterans with the concept of acquiring cable systems. She feels it will be oa fbenefit to the community,customers,and employees they serve. She noted the target date the sale to be December 19, 1997.
Councilmember Rader asked what the incentive might be to the Village of Granville.
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Council Meeting Minutes
November 19, 1997
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Ms. Pierce stated that service would continue as it had in the past,adding there is no !
incentive to continue or not to continue.
Vice Mayor Freytag stated he would like to see a list of locations that FrontierVision
is currently operating in.
Councilmember Bellman asked if FrontierVision was committed to sign an agreement
in terms of the existing programming and asked if the local fees and service will stay the
same.
Ms. Pierce noted this is not something Council will need to decide as programming is
a business decision which follows the FCC formula for price setting.
Law Director Hurst noted a concern with a section in the proposed resolution which
states the Village has done an investigation into FrontierVision's background and found them
to be a suitable assignee. He suggested Council remove this s"ectionb"efore passing this resolution.
Ms. Pierce stated that legal counsel for FrontierVision and Cox Cable drafted this
document,and added that this section can be removed or revised to suggest that the village has no objection to the assignment of assets.
Council decided more information was needed before the introduction of this
resolution. Representatives from FrontierVision will be in attendance for the December 3 council meeting.
Ordinance No. 21-97.A "n Ordinance To Amend Ordinance No. 429-6 Providing t'Adjustments Of The Annual Budget For The Fiscal Year 1997 And or Operating Expenses", Revising Sums FOI Mayor Marshall was introduced and its title read by Councilmember Montgomeiy. 7:30pm. set the Public Hearing for Ordinance No. 21-97 for December 3, 1997, at
Resolution No. 974- 3, T"o Award The Contract For Towing And Storage Of Impounded Motor Vehicles"w,as introduced, and read in full by Councilmember Bellman. Seconded by Councilmember McGowan.
It was noted that this resolution was not put out to bid. Councilmember Rader voiced aascsuornectehren foeefsciftoizretnoswibngeingh "ooked".He stated that Council should make every effort ·to are reasonable.
Law Director Hurst explained that upon putting this award to bid the last two years, the result has been thatM&P Towing has offered the best services. He noted that at any point ofdissatisfaction,a provision in the contract allows cancellation within 30 days.
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Council Meeting Minutes
November 19, 1997
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It was requested that that the contract be attached as " Exhibit A"to this resolution.
Motion Carried. Resolution No. 97-43 was adopted.
Councilmembers Eisenberg MontgomeryM &ayor Marshall
Noting that this would be the last meeting for Councilmembers Eisenberg,
Montgomery and Mayor Marshall,Vice Mayor Freytag stated that his experience with these
three councilmembers has been very favorable. He also stated that he considered all of them
his friends. He noted that by being diligent and faithful to their trust,they have contributed
greatly to what Granville is today, and gave his admiration to their efforts. He stated, on behalf of the community, that he wished to thank each one for what seems like a thankless
job. He added that they are good members of this Council.
Mayor Marshall requested a 5 minute break before continuing the 1998 Municipal Budget discussion.
1998 Municipal Budget
Vice Mayor Freytag suggested reviewing the Manager's budget memo. Manager Hickman noted this memo reflected the highlights of the 1998 budget operation,maintenance, and capital improvements agenda.
South Main Street -Manager Hickman noted that Issue 2 (1998)applications 131e' been submitted with the Village's contribution being approximately 1$50,000. Mayor Marshall noted that the money had to be budgeted as a condition before any grant approval. Councilmember Bellman requested Service Director Mark Zarbaugh give a presentation to Council prior to beginning these improvements. Councilmember Rader suggested an assessment to the property owners for the Villages contribution to the improvements in that
Iasrseuae. 2LparwojDecirte.ctor Hurst will look into the feasibility of assessments in combination with an
Cherry Valley Road Construction -It was agreed by Council that the money budgeted for this project should be added to the Road Reserve Fund.
Following a lengthy discussion, it was noted that the review of funding for projects should be done in summer months instead of during time of budget approval.
A budget ordinance will be presented to Council for introduction at the December rd meeting. j
Village of Granville
Council Meeting Minutes
November 19, 1997
Page 7
Council discussed the cost of living increase for village staff members. More research
will be done to calculate an agreeable cost of living rate. Council will discuss this issue at the
December 3rd meeting.
ADJOURNMENT
Councilmember Rader made a motion to adjourn the meeting at 10:32p.m. Mayor Marshall seconded. Motion carried.

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