Granville Community Calendar

Council Minutes October 15, 1997

October 15,1997
Mayor Marshall convened the meeting at 7:33p.m.
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember MeGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Rader
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
A public hearing was held on Ordinance No. 199- 7,A "n Ordinance To Amend Ordinance
No. 429-6 Providing For Adjustments OfThe Annual Budget For The Fiscal Year 1997 And Revising Sums For Operating Expenses".
No one appeared to speak for or against Ordinance No. 199-7. Mayor Marshall closed the public hearing at 7:34p.m.
The minutes of the regularly scheduled meeting of October 1, 1997 were presented for review. Councilmember Rader moved to approve the minutes as amended. Seconded by Vice Mayor Freytag. Motion carried.
The Mayor's Report for the month of September was presented for review.
Councilmember Rader questioned the reason for a large number ofopen container citations during the month of September.
Mayor Marshall noted the citations were the result of two very large Denison related parties,adding that the offenses occurred on public property.
part of tMheasyeomr Minautressh.all directed the clerk to file the report. A copy of that report is attached as
Village of Granville
Council Meeting Minutes
October 15, 1997
Page 2
The Manager's Report for the month of September was presented for review.
Councilmember Rader inquired as to the number of new housing permits compared to last
year and if the income tax increase was around the same as it was last year.
Village Manager Hickman noted the income tax increase was slightly higher than last but will need year to verify with the Planner,the number of housing permits compared to last year.
Councilmember Eisenberg moved to accept the Manager's Report. Councilmember Rader
seconded. Motion carried. A copy of said report is attached as part ofthese minutes.
Those signing the register were:
See attached list.
Jim Jump of 143 Thresher Street, stated tonight he is here representing the referendum petitioners and has just filed a motion to intervene in Common Pleas Court,with reference to both of the referendum cases. As he expects to win this case in conjunction with the Licking County Board of Elections,he believes it will not hurt his case if Council should decide to appeal. He feels that for the integrity of this process,Council should appeal the Fifth District Court decision that this process was an administrative act and not of a legislative nature.
Donna Childers of 451 N. Granger Street, a Political Scientist whose specialty is in survey techniques,commented to Council about the recent results from the Bob Evans survey. She felt obligated to emphasize that the survey results were not valid by any scientific methods. She feels this survey was a public relations ploy in an attempt to influence the citizens of Granville in favor of Bob Evans. Unlike good research methods,the techniques used for these results were not described and the survey report does not give details of the questions asked. She reiterated some of the questions from the survey and then noted the questionable influence of a positive response to Bob Evans. In her opinion this survey does not reflect what the people of Granville want. She feels this survey is highly questionable and its intent was to influence voters.
Lyn Robertson of 342 N. Granger Street also spoke of the Bob Evans survey. She noted that the survey results failed to report the response rate and how many people may have declined to respond. She added that she is aware of at least ten people who did not respond to the survey, The report also doesnt' say whether any analysis was done to determine whether the demographics ofthe sample were the same as the demographics of the population. She feels it is impossible to determine a generalized statistic without this information. She also doubted whether all respondents were asked the same questions. She feels the questions were worded to set up answers. She feels the survey report from Bob Evans was bogus.
Village of Granville
Council Meeting Minutes
October 15, 1997
Page 3
Tim Klinger of 218 E. Elm Street noted a light has been removed from the alley between
the Library and Robbins Hunter Museum. He requested that the light be replaced in the alley as
this is a more of a walkway than just an alley.
Councilmember Rader asked Ms. Childers if,in her opinion,the Comprehensive Review
Plan survey was scientific or non-scientific.
Ms. Childers stated the Comprehensive Plan survey did not make her feel offended and
noted no bias,therefore she did not question the scientific value of that survey.
Councilmember Montgomery reported the Planning Commission's next meeting will be
Monday,October 20th - planned 7:30pm. She noted that the opening of the Fanchion Lewis Park was still for Saturday,October 25th at 9:00am.
Councilmember Bellman inquired about the tree removarle/ planting process noting a tree in his neighborhood had not been replaced. He was advised to talk to Tree and Landscape Chairman,Jim Siegel.
Councilmember MeGowan reported that the Recreation Committee has funded the digging of trenches and tile drainage at the baseball field. He also noted that construction has begun on the Wildwood Park restroom project.
Councilmember Bellman noted that the Streets &Sidewalks Committee had met this evening before the Council meeting. He noted there may be a need for the assistance of a traffic engineer to further evaluate this project.
WildwoCooduPnacirlkm. ember Rader inquired as to the responsibility ofmaintenance for the restrooms at
Councilmember McGowan noted this had not been decided as such details are still in the development process.
AdjuostmOerndiisnaOnfcTehNeo. 199- 7,A "n Ordinance To Amend Ordinance No. 429-6 Providing For Expenses", Annual Budget For The Fiscal Year 1997 And Revising Sums For Operating Seconded bywCasourenicnitlmroedmucbeedr,its title read and moved for adoption by Councilmember Rader, Montgomery.
Village of Granville
Council Meeting Minutes
October 15, 1997
Page 4
Manager Hickman noted approximately 4$500 was for the Village share of sidewalk
replacement and repair. He then noted approximately $ 9500 was the staff's recommendation for
improving the sidewalk on East College Street from Sunrise to the Golf Course in accordance
with the pathway plan.
Service Director Zarbaugh noted that the old sidewalk would be removed and new curbs
and sidewalks would be installed to allow green space between the curb and sidewalk. He noted
that excess water should run off toward either the storm sewer drainage at Clear Run or the drain
at Sunrise and College Streets.
It was noted that funding for this project was coming from the General Fund as we have
saved money in some areas and not used funds in others.
Roll Call Vote: Eisenberg yes,MeGowan yes,Bellman yes,Montgomery yes,Rader yes, Freytag yes,Marshall yes. Seven yes votes. Ordinance No. 19-97 is adopted.
Resolution No. 973- 6,A "Resolution Directing Police And Sanitary Protection For The Service Department Complex Located At 1833 Lancaster Road And Raymond And Fanchion
Lewis Park Located On Jones Road"w,as introduced, and read in full by Councilmember Montgomery. Seconded by Councilmember Bellman.
Manager Hickman noted the appropriateness of this resolution which would give the Granville Police Department authority in these two areas.
Following a discussion with regard to Councilmember Bellman's concern that this motion should be in ordinance form,it was decided to pass this legislation as a resolution.
Vice Mayor Freytag asked if these properties could be annexed.
As to the Fanchion Lewis property,Law Director Hurst noted there is a prohibition on the annexation ofterritory into a municipality during the pendency of a merger question.
Vice Mayor Freytag feels strongly about annexing these properties.
It was decided to wait until a decision on the merger was made before pursuing the annexation ofFanchion Lewis Park and the Service Department into the Village.
Vice Mayor Freytag moved to amend wording in the Resolution to readM "ayor'instead of M"unicipal Court". s Court"
The question was again moved. Motion carried. Resolution No. 97-36 was adopted.
Village of Granville
Council Meeting Minutes
October 15, 1997
Page 5
Resolution No. 973- 7,A "Resolution To Express Appreciation To Shirley Robertsonw",as
introduced,and read in full by Mayor Marshall. Seconded by Councilmember Rader. Motion
Manager Hickman noted that Shirley Robertson has been an important part of the Village
staff'for many years and she will be missed.
Resolution No. 97-37 was adopted.
Speed Enforcement
Mayor Marshall asked if there were any comments on the letter from Frederick Freytag of Lincliff Drive NE,with regard to strict speed enforcement on N. Pearl. There were no commjnts.
The Mayor asked that this letter be filed.
Street Lighting
Mayor Marshall asked Manager Hickman for comments on the street light situation.
Manager Hickman asked for direction from Council as there have been numero,ts complaints related to the elimination of some mid block lights.
Councilmember Montgomery noted she would like to see a G"ranvillef"ixture in the alley between the Library and the Robbins Hunter Museum.
Vice Mayor Freytag noted the recommendation during AEP's proposal that once new lights had been installed at the intersections,more light would be cast,therefore reducing the ne,od for mid block lights.
It was suggested that the Street Light Committee re-examine this issue.
GrangerE &. College Street Intersection
Councilmember Bellman made a note with regard to the decision to eliminate the traffic light at E. College and Granger Streets and replace with a 4-way stop. He noted that Ms. Ennis of N. Pearl Street complained that a problem has been created as the continuous traffic flow makes it cdrioffsicsiunlgt twhhaten exiting her driveway. She also mentioned a concern for children safety when intersection.
Village of Granville
Council Meeting Minutes
October 15, 1997
Page 6
Brick Sidewalk
Councilmember Bellman asked that no additional brickwork be done to Village sidewalk's
without Council approval.
Following a discussion by Council, it was decided that there has been a concern of the
work looking"piece meal"and either all should be done or none.
Mayor Marshall suggested the Manager appropriate funds in the 1998 budget to reflect the
completion,possibly in phases,of replacement brickwork in the downtown area.
Ohio Municipal League
Councilmember Bellman asked if anyone had called the Ohio Municipal League dissatisfaction to express in their position with the annexation hearing and an amicus brief filed against us. He feels Council should possibly threaten to withdrawal Village membership in the Municipal League as a result ofthis filing.
Councilmember Rader agreed that a letter should be sent the Municipal League noting odr displeasure in the direction they have taken in regard to the annexation.
It was decided that this would be looked at by Council at a later date following their rerl.J':t of the brief filed by the Municipal League.
Fifth District Court -Appeal
Mayor Marshall began the discussion with asking Council's decision on the appropriateness of an Executive Session to discuss Law Director Hurst's memo to Council regarding his opinion on an appeal of the Fifth District Courts decision.
Law Director Hurst noted that the decision of whether or not to waive the attorney client privilege is in the sole compliance of the client. As all of Council has had opportunity to review his memo,he noted it was the choice ofCouncil to waive this privilege,if Council so desired. He feels Executive Sessions should be used as a last resort.
Council's decision was to continue this discussion in Open Session.
Law Director Hurst advised that unless Council has a strong view that the Fifth District was wrong in its legislativea/dministrative analysis,then in his opinion there isn't much to gain from an appeal. He noted an appellant authority which says that in a charter municipality, administrative acts are subject to referendum. He does not believe this Council should file an appeal of the Fifth District opinion solely to protect the community's right to vote on the referendum. He believes that the right ofthe citizens to vote on this issue has not been infringed. He added that the Village charter does not distinguish between legislative and administrate acts.
Village of Granville
Council Meeting Minutes
October 15, 1997
Page 7
He advised that if Council's motivation is about legislativea/dministrative dichotomy,then there is
no choice but to appeal. He added that if the motivation is to protect the integrity of this voting
process then an appeal is probably not necessary. He noted that someone is already fighting that
fight at the Common Pleas Court level. He then noted a pending case in the Supreme Court
states, if the charter says aU ordinances, it means aU ordinances, whether administrative or
Vice Mayor Freytag feels it would be wise to keep the Village case alive by appealing to
the Supreme Court, pending the above mentioned case, then the Village could file a motion
forming its decision.
Law Director Hurst stated that whether or not the Village files an appeal,there will be case law specifying whether administrative acts are subject to referendum or not. He noted that
although the Fifth District Court of Appeals decision states this was an administrative act, they didn't say it wasn't subject to referendum.
Following discussion of the options given to Council with regard to an appeal of the Fifth
District Court of Appeals decision, it was decided the Law Director should continue with an appeal.
Vice Mayor Freytag made a motion that the Village of Granville file a notice of appeal .lr.d
pursue an appeal in the case of King vs. Village of Granville,Case No. 97CA29 and 97CA34 in the Fifth District Court of Appeals. Seconded by Councilmember McGowan.
Roll Call Vote: Eisenberg yes,McGowan yes,Bellman abstain,Montgomery yes,Rader
yes,Freytag yes,Marshall yes. Six yes votes. Motion carried.
Councilmember Montgomery made a motion to adjourn to Executive Session for the Cpuorupnocsielmeomfbedriscussing acquisition of property and personnel matters. Seconded by Rader.
Roll Call Vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Rader yes, Freytag yes,Marshall yes. Seven yes votes. Motion carried.
regularMseasysoiornM. arshall noted that there would be no further business discussed upon returning to
A five minute recess was observed prior to commencing the Executive Session.
Time in: 9:47p.m.
Village of Granville
Council Meeting Minutes
October 15, 1997
Page 8
Present: Eisenberg,McGowan,Bellman,Montgomery,Rader,Freytag,Marshall
Time out: 10:40pm
Councilmember ?made a motion to adjourn the meeting at 10:43p.m. Vice Mayel ?
seconded. Motion carried.

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