Granville Community Calendar

Council Minutes 12/16/98

 CALL TO ORDER Vice Mayor McGowan convened the meeting at 7:31pm. 

 ROLL CALL Those responding to the roll call were: Vice Mayor McGowan Councilmember Rader Councilmember Lucier Law Director Hurst Councilmember Wernet Manager Hickman Councilmember Wernet made a motion to excuse Councilmember Minklei. Councilmembers Lucier and Rader second. Motion carried. 

 PUBLIC HEARING A public hearing was held on Ordinance No. 24-98, An Ordinance To Amend Sections 313.11 Of The Codified Ordinances Of The Village Of Granville. No one appeared to speak for or against Ordinance No. 24-98.

 Hearing no comment, Vice Mayor McGowan closed the public hearing on Ordinance No. 24-98 at 7:32pm.

A public hearing was held on Ordinance No. 25-98, An 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, 1999. No one appeared to speak for or against Ordinance No. 25-98. 

 Hearing no comment, Vice Mayor McGowan closed the public hearing on Ordinance No. 25-98 at 7:33pm.

 A public hearing was held on Ordinance No. 28-98, An Ordinance To Establish The Granville Village Manager’s Salary For 1999. No one appeared to speak for or against Ordinance No. 28-98. Hearing no comment, Vice Mayor McGowan closed the public hearing on Ordinance No. 28-98 at 7:34pm. 

REVIEW AND APPROVAL OF MINUTES The minutes of the regularly scheduled meeting of December 2, 1998, were presented for review. Councilmember Wernet moved to approve the minutes. Councilmember Rader second. Motion carried. 

CITIZENS COMMENTS Those signing the register were: See attached list. Kirsten Pape, of 403 E. Broadway, stated she would like to see the South Main Street project complete by the year 2000. She also stated her support for a rezoning request on North Main and College Streets. 

Councilmember Robertson and Mayor Bellman arrived at 7:35pm.

Citizens Comments closed at 7:36pm. 

MAYOR’S REPORT The Mayor’s Court Report for the month of November was presented for review. Councilmember Rader noted a jump in the number of drug abuse arrests in the last year. Vice Mayor McGowan directed the clerk to file the report. A copy of that report is attached as part of these minutes.

 MANAGER’S REPORT The Manager’s Report for the month of November was presented for review. Councilmember Rader noted an income tax revenue from this time last year.

Councilmember Wernet moved to accept the Manager’s Report. Councilmember Rader seconded. Motion carried. A copy of said report is attached as part of these minutes. 

COMMITTEE REPORTS Councilmember Wernet noted that the Planning Commission made recent decisions on two applications which have been forwarded to Council. Council will introduce those Ordinance during this meeting.

 JEDD Jim Jump, JEDD Committee Member, reported on the last meeting of the JEDD Committee. There was a discussion of the need for a Planner and it was suggested that the Licking County Planner be used. It was also suggested to create a County Sewer District. This would mean the plan would now include a Transportation District, an Economic Development District and a County Sewer District. Mr. Jump feels there is a need for Regional Planning to complete this project and is concerned with a need for preservation during this project. 

It was noted the selling point of the JEDD was for industrial and commercial needs. It has since been mentioned that there is a need for residential areas as well. It was noted that this might drain service costs, increase costs of schools, and traffic. 

Mr. Jump stated that it would be hard to recommend that the Village of Granville invest serious funds into this project based on what the Village is likely to get out of it at this point. Mr. Jump will continue to report to Council.

Truck Traffic Issues Mayor Bellman noted disappointment that he hasn’t heard from Bob Howarth for two weeks with regard to thru truck traffic. 

OLD BUSINESS

 Ordinance No. 24-98, An Ordinance To Amend Sections 313.11 Of The Codified Ordinances Of The Village Of Granville was re-introduced by Councilmember Rader. Second by Councilmember McGowan.

There was a question as to whether there had been any studies done on the number of pedestrian traffic at the corner of Main Street and Broadway. It was noted that there was a safety concern for children walking to school from the west side of Granville and the posted signs are for their safety.

Roll Call Vote: McGowan yes, Lucier yes, Robertson yes, Minklei absent, Wernet yes, Rader yes, Bellman yes. Six yes votes. Ordinance No. 24-98 is adopted.

 Ordinance No, 28-98, An Ordinance To Establish The Granville Village Manager’s Salary For 1999 was re-introduced by Mayor Bellman. Second by Councilmember Rader.

Roll Call Vote: McGowan yes, Lucier yes, Robertson yes, Minklei absent, Wernet yes, Rader yes, Bellman yes. Six yes votes. Ordinance No. 28-98 is adopted. 

 Proposed Ordinance No.’s 19-98 & 20-98 In favor of these Ordinances, Councilmember Robertson stated these Ordinances are to create legal recourse for citizens views. She mentioned incidences in the past wherein citizens had no recourse. She feels it is possible for this body to make an illegal decision and would like to see the "ordinary" citizen have more voice over what goes on in the Village.

Jim Jump, of 143 Thresher Street, noting he has met with several members of Council and the Law Director stated this proposal offers authority to Village citizens to attack administrative decisions. He noted that by appointing an Administrative Authority to make quasi-judicial decision one is "stuck" with those decisions unless an appeal is made by a citizen who has standing or is directly effected. This proposal gives authority to the Manager to review all administrative decisions and request the Law Director take legal action should there be a need. If the Law Director has a conflict, the Manager must appoint a Special Counsel with which the Council would be responsible for funding. He feels that if the Village refuses to act on a taxpayer’s written request, the taxpayer could take the challenge based on their public right and not standing. Mr. Jump discussed several additional ideas in which he proposes in this ordinance.

Law Director Hurst hopes Council would not adopt this legislation as drafted. He feels a portion of it is ill advised and will not withstand the type of judicial review or attack that is inevitable. He stated that Mr. Jump and himself had common philosophies, concerns, and similar solutions in all sections except the section on standing. He submitted a revision to Section 1109.12 which will accomplish all components to attack or avoid which is one goal of this proposed legislation. He noted that Section 1137 has an inherent weakness in making it clear that those with standing, or directly effected, have the right to participate in administrative hearings. Mr. Hurst does not believe that the goal of expanded taxpayer actions will withstand judicial review as the law of the State of Ohio states that by simply being a citizen does not give one standing. 

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