June 16, 1999
CALL TO ORDER Vice Mayor McGowan convened the meeting at 7:33pm. ROLL CALL Those responding to the roll call were: Councilmember Rader Vice Mayor McGowan Councilmember Wernet Manager Hickman Councilmember Robertson Law Director Hurst Councilmember Minklei
Councilmember Rader made a motion to excuse Mayor Bellman and Councilmember Lucier. Second by Councilmember Wernet.
CITIZENS COMMENTS Those signing the register were: See attached list.
Dave Richards, of 55 Donald Ross Drive, representing the Board of The Kendal Corporation, introduced Nancy Weber Sutter and Tim Reed, also of The Kendal Corporation. Ms. Weber Sutter told Council of a request from several Granville citizens for Kendal Corporation to consider a Kendal retirement community in Granville. The Kendal Corporation has talked to respective residents, looked at sites, and talked to the community at large to try and get a sense as to whether this would be a useful, helpful, and welcome addition to the community. The sense is that a Kendal Community would be a nice addition to the Granville community. As The Kendal Corporation has an option to purchase property for this project, they are asking Council for its consideration.
Mr. Reed noted that the proposed land is not within the Village limits, and does not have sewer or water hook-up capabilities. The Kendal Corporation is asking Council to consider supplying sewer and water to this site which is located at the intersections of Burg and New Burg Streets. This project is in the early stages and no site planning or master planning has been completed. The Kendal Corporation is requesting a meeting with Council to discuss this project.
Councilmember Wernet stated that according to the Comprehensive Plan’s review process one of the ideas that came up again and again was the need for housing of this nature. He feels the community will be receptive to this concept.
Ms. Weber Sutter noted that Kendal of Granville is an incorporated organization and a local Board of Directors has been appointed. PUBLIC HEARING A public hearing was held on Ordinance No. 22-99, An Ordinance To Amend Ordinance No. 25-98 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1999 And Revising Sums For Operating Expenses.
Hearing no comment Vice Mayor McGowan closed the public hearing on Ordinance No. 22-99 at 7:41pm.
A public hearing was held on Ordinance No. 23-99, An Ordinance To Amend Sections 1135.01, 1137.01, 1137.02, 1137.05, 1137.07, 1139.04, 1139.05, 1139.06, 1141.04, 1141.05, 1145.04, 1147.04, 1149.04, 1159.04, 1159.05, 1159.07, 1161.02, 1161.03, 1161.07, 1171.04, 1175.04, 1175.05, 1181.04, And 1193.03, And to Enact Section 1141.06 Of The Codified Ordinances Of The Village Of Granville, Ohio To Revise The Administrative Appeal Process In The Zoning Ordinance, Revise The Administrative Procedure For Applications For Approval Of Development Plans In Planned Development Districts, And Make Related Changes In The Administration Of The Zoning Ordinance.
Jim Jump, of 143 Thresher Street, noted that this Ordinance speaks to standard administrative procedures for the BZBA and Planning Commission. In addition, part of these amendments relate to a change of the term "zoning permit" to Zoning and Architectural Review Permit. Another topic amended within this Ordinance is the issue of standing.
Vice Mayor McGowan closed the public hearing on Ordinance No. 23-99 at 7:47pm. A public hearing was held on Ordinance No. 24-99, An Ordinance To Amend Chapter 311.02 Of The Codified Ordinances Of The Village Of Granville, Ohio And Declaring An Emergency.
Charles Spingola, of 836 Village Parkway - Newark, provided a copy of the First Amendment of the Constitution to Councilmembers. (Following is a paraphrase of Mr. Spingola’s remarks). Mr. Spingola represented that he was arrested during the 4th of July festivities last year for holding a sign of an aborted baby. He was later acquitted because there was no law violated. At that time he represented there was an attempt made to make a deal that he would not sue the city. He did not accept a deal and the charges were dropped anyway. He accused Council of going a step further this year in their attempts to repeal the liberties and rights of citizens of the United States. He feels that when designating specific areas, all other areas are excluded. Excluding all other areas of public highways and bi-ways is unconstitutional. He feels this Ordinance is unconstitutional and asked Council to examine this Ordinance based on the first amendment of the Constitution. He is sure this Council would not want to do something that may be misconstrued as un-american nor to impede the ministry of the gospel. Mr. Spingola stated that they are a gospel ministry and preach the gospel of Jesus Christ and that people should be pardoned if they repent by the blood of Christ which he believes is the standard gospel of Jesus Christ. To impede this message would be a further violation of the Constitution because the first amendment expressly designates freedom of religion. If this Council restricts the ability for God to speak to the people, with purpose and intent, then it will be in trouble with God in addition to violating the Constitution of the United States.
George Jed Smock, of 922 W. Village Drive - Newark, questioned the 2 day prior to event requirement of this Ordinance.
Law Director Hurst stated that the general operating procedure, under the proposed Ordinance, is that if you wish to receive a permit, you must request it not less than 2 business days prior to the designated use or event. The next sentence, being equally important, states that "where there is good cause shown, and in the discretion of the Manager, a request may be submitted in a period of less than 2 days."
Mr. Smock stated that he realizes there are legitimate restrictions on freedom of speech if a person is going to use public amplification. However, lifting up of the natural voice should be allowed anytime and anywhere. He feels it is most regrettable that in America someone can’t just stand up and preach the word of God and preach against sin. He believes there is a vital message for the young people of today calling into repentance and faith in Christ Jesus. He noted that they have nothing personal against Granville and his family has enjoyed the July 4th event in the past, independently of their mission for Jesus Christ. His hope is that this Council will not pass this Ordinance.
Councilmember Wernet stated that this Council had wrestled with how to structure this Ordinance to provide both the opportunity for a speaker to be heard as well as providing safety for the speaker and those that might feel abused by the message. There has also been careful consideration for a designated space that is close enough to the center of an event allowing participation in the event and yet keeping a safe atmosphere for everyone. He stated that the goal is to have a designated area that is constitutionally appropriate.
Tom Stought, of 5539 Fallsburg Road - Newark, realizes the issue before Council is how to manage this city and how to make sure everyone’s safety is ensured. Relating recent events he has witnessed, he pointed out that the right of freedom of speech is very broad and gets broader in judiciary every year. He feels the freedom of speech is closing in on gospel preaching. He feels his type of gospel is being stifled while perversion is being elevated as a national religious freedom. As a point man for Jesus Christ, he stated that he does not have a message of hate but a message of love, salvation, and eternal life.
Mark Weaver, of 217 Wicklow - Granville, noted that having been asked by several members of Council and the Law Director he has looked at this Ordinance relative to Constitutional issues. Corrections made to the Ordinance after its first reading have cleared any concerns he had as to the constitutionality of the Ordinance. The US Supreme Court has ruled on this precise issue in respect to the first amendment. A local government is entitled to set reasonable time, place and manner restrictions, as long as the Ordinance is content neutral. He also cited a case in which there is a right of local government to actually put a license in place for those people who want to have some sort of parade, or procession along a public roadway if there is a public safety concern. The issue of public safety is typical when there is a gathering of a large number of people and free flow of passersby is a concern. He advised that it is up to Council to decide whether this Ordinance is appropriate from a policy point of view. However, from a constitutional point of view he agrees with the Law Director in that there are no constitutional violations in this Ordinance. The court has said that there are three elements to legalities of the law: content neutral, and reasonable time, and place restrictions.
Constance Barsky, of 221 E. Elm Street - Granville, complimented Council for its attempt to find middle ground wherein the freedom of speech is protected and also the rights of citizens who may choose to hear or not to hear the message. She feels this Ordinance should also have applications for people who want to come in at various times for such forums would have a designated area for speaking. She feels the businesses along Broadway would also be more comfortable with this idea. This would leave an area for people to have their say but also an opportunity not to hear if one so chose.
Ken Jones, of 287 S. Williams Street - Newark, reading from the Ordinance questioned the meaning of "no person shall initiate or sponsor any assemblage other than a funeral procession………" He relayed a personal example wherein he came into the Village of Granville and approached several students on a park bench. A discussion ensued on creation and evolution. During that discussion, and after a few more students had gathered, an officer approached him. The officer stated that there was an assemblage going on and Mr. Jones was instructed to either leave or he would be arrested. Mr. Jones stated that he would not leave and would have to be arrested. The officer then left the area. Another officer later approached and Mr. Jones asked whether there was a problem with him being there. The other officer said there was no assembly and this was not a problem. Mr. Jones is concerned that future judgments will be made, and punishment inflicted or withheld, when the Ordinance is not clear. He noted that although he has approached people on the sidewalk and several people have gathered, all of his conversations on the public way and sidewalk have been peaceful conversations. He understands there are legitimate restrictions on free speech, and has no problem abiding by same. However, he is concerned that addressing an audience, which may not be particularly fond of the message, could bring complaints and accusations. He asked who would be judging the peaceablility of this gathering, as in his case, one officer thought there was an assembly, the other officer didn’t.
Vice Mayor McGowan stated that the bold faced type areas of the Ordinance are the only areas being amended. What Mr. Jones is referencing is current policy.
Councilmember Wernet noted that it is the intent of this Council that all the Ordinances be as clear as possible.
Law Director Hurst stated that a criminal statute or Ordinance that does not put a reasonable person on notice of that which is prohibited is not enforceable. If there is a legitimate question in Council’s mind as to that which would meet the definition of parade assemblage, procession, initiate or sponsor, clarity could be quickly provided for definition of the terms applicable for the purposes of section 311.02. It can be defined so that both speaker and law enforcement can understand there is a fundamental difference between coming into the community, sitting on a park bench and freely debating an issue with someone, which is not the same conduct as organizing, initiating, and formally attempting to draw a crowd in order for them to hear that which one wishes to say, as opposed to the normal everyday exchange of ideas. One is the exchange of ideas, the other is initiating an assemblage. Those are fundamentally different forms of conduct, even if the message is the same.
Mr. Jones feels the policy is at best ill-defined and at worst unconstitutional. He asked Council to strongly consider that before voting.
Patricia Norgabere, of 612 Madison Street, Beaver Dam - Wisconsin, expressed concern that "safety" is being identified as a problem. She is 70 years old and has been preaching on college campuses for over 20 years and except for the problem of other people objecting to her message and being removed for her own safety, has never had a safety problem. She feels this is a strawman and the safety issue is nebulous.
Theresa Spingola, 836 Village Parkway - Newark, questioned Mr. Weaver as to whether either of the Supreme Court cases he cited say that there was a permit needed to exercise free speech in a designated area.
Mr. Weaver stated that in the cases he studied the issue of requiring a permit was not addressed. The court speaks to the right of certain restrictions on speech that require: content neutral, and valid use of a time, place, and time restraints. Mr. Weaver made it clear that his client was not this Council and he was just an interested citizen, and deferred to Law Director Hurst for advice to Council.
Vice Mayor McGowan stated that this Ordinance is not to try to keep anyone from coming to The Village of Granville and speaking on any issue.
Mrs. Spingola asked if a permit would be given for the designated area which would allow amplification.
The Ordinance is clear and does not allow amplification. Hearing no further comment, Vice Mayor McGowan closed the public hearing on Ordinance No. 24-99 at 8:22pm.
A public hearing was held on the 2000 County Tax Budget.
Hearing no comment, Vice Mayor McGowan closed the public hearing on the 2000 County Tax Budget at 8:23pm.
CITIZENS COMMENTS Those signing the register were: See attached list.
Constance Barsky, of 221 E. Elm St., is one of the citizens that feels the fire siren should be reinstated. She gave the following reasons; the siren - warns citizens of high speed vehicles going into and from the firehouse, provides reassurance to callers that help is on the way, provides citizens a chance to measure response time, advises scanner listeners to turn on their scanners, possibly provides collateral assistance to neighbors, is a continual reminder that emergency response teams exists, checks beepers for working order, and when thinking of past tradition, provides a sense of community.
Vice Mayor McGowan closed the citizens comments at 8:27pm.
OLD BUSINESS Ordinance No. 22-99, An Ordinance To Amend Ordinance No. 25-98 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1999 And Revising Sums For Operating Expenses was reintroduced by Councilmember Rader. Second by Councilmember Wernet.
Roll call vote: Wernet yes, Rader yes, Minklei yes, Robertson yes, McGowan yes. Five yes votes. Ordinance No. 22-99 was adopted.
Ordinance No. 23-99, An Ordinance To Amend Sections 1135.01, 1137.01, 1137.02, 1137.05, 1137.07, 1139.04, 1139.05, 1139.06, 1141.04, 1141.05, 1145.04, 1147.04, 1149.04, 1159.04, 1159.05, 1159.07, 1161.02, 1161.03, 1161.07, 1171.04, 1175.04, 1175.05, 1181.04, And 1193.03, And to Enact Section 1141.06 Of The Codified Ordinances Of The Village Of Granville, Ohio To Revise The Administrative Appeal Process In The Zoning Ordinance, Revise The Administrative Procedure For Applications For Approval Of Development Plans In Planned Development Districts, And Make Related Changes In The Administration Of The Zoning Ordinance was reintroduced by Councilmember Robertson. Second by Councilmember Wernet.
Councilmember Robertson submitted and moved to adopt amendments to correct typographical errors within this Ordinance. Second by Councilmember Wernet.
Roll call vote on amendment: Wernet yes, Rader yes, Minklei yes, Robertson yes, McGowan yes. Five yes votes. Amendments to Ordinance No. 23-99 was adopted.
Council thanked Jim Jump for his efforts, dedication, and time spent on the drafting of this Ordinance.
Roll call vote: Wernet yes, Rader yes, Minklei yes, Robertson yes, McGowan yes. Five yes votes. Ordinance No. 23-99 was adopted.
Ordinance No. 24-99, An Ordinance To Amend Chapter 311.02 Of The Codified Ordinances Of The Village Of Granville, Ohio and Declaring An Emergency was reintroduced and the emergency clause read by Councilmember Wernet. Second by Councilmember Minklei.
Councilmember Wernet feels there are a couple of facets to this issue. One is the protection of citizens who do not want to hear the message being conveyed, the other is to protect the safety of the speaker. Both facets point to the same solution which is to set a time, place, and manner of the speech. There should not be any limitation on the right of free speech unless harm can happen. He feels that Council is trying to be protective of everyone’s rights.
Councilmember Minklei noted that things that have happened in this Country have not happened by people making pretty, little, quiet speeches. Whether it be the Women’s Movement, Civil Rights Movement, Gay Rights, etc., these subjects unvoluntarily make some people uncomfortable. She does not think we’re here to try to make it real comfortable for everybody or to make sure that nobody has their feathers ruffled. What she feels Council is trying to do is to provide a safe forum to ensure that all people have the chance to bring forth issues, that may make some uncomfortable, in a way that does not interfere with anyone’s rights and safety. Public speaking and assemblies are how people have gotten together and this Council respects that. Having considered how this Ordinance would apply to groups in which she was committed, Ms. Minklei stated that she did not feel differently about the need for this Ordinance.
Councilmember Robertson thinks it is significant that we are spending a lot of time on free speech considerations as it is important not to abrogate anyone’s free speech. Having struggled with this issue, and after talking to local citizens, she has come to the conclusion that this Ordinance does not restrict speech or the content of anyone’s speech in an unreasonable way. Council takes seriously its duty to protect the safety of those in this community, both visitors as well as citizens. As with Councilmember Minklei, she considered how she would feel should this Ordinance apply to a speech she wished to hear. She would be comfortable being in a group that was requesting a permit. She again stated the importance that the Police Department have a clear understanding of this Ordinance and how to enforce it. The basis of our rights is that we need a forum for all kinds of views.
Councilmember Rader’s views are in agreement with other Councilmembers. He also does not see where this Ordinance puts the muzzle on anyone standing up and saying what they believe in. He feels this Ordinances does not infringe unfairly on the right to free speech.
Vice Mayor McGowan agreed and added that this Ordinance is not directed only to the July 4th festivities but at other Granville community events as well. He advised that Kiwanis is required to purchase insurance and are in charge of the area during the permitted time. Charging rent for booth space is a way of controlling this area.
Councilmember Rader second the motion for adoption of Ordinance No. 23-99.
Roll call on emergency clause: Wernet yes, Rader yes, Minklei yes, Robertson yes, McGowan yes. Five yes votes. Emergency clause on Ordinance No. 23-99 was adopted.
Roll call vote: Wernet yes, Rader yes, Minklei yes, Robertson yes, McGowan yes. Five yes votes. Ordinance No. 23-99 was adopted.
There was a brief discussion about the location of the designated area. It was noted that Manager Hickman will determine this location. It was also noted that Mr. Smock’s input on the location was welcome and he should contact the Village Manager.
NEW BUSINESS Resolution No. 99-26, A Resolution To Adopt The 2000 County Tax Budget As Proposed And To Direct The Village Manager To Submit It To The County Auditor was introduced and read in full by Councilmember Rader. Second by Vice Mayor McGowan. Motion carried. Resolution No. 99-26 is adopted. Resolution No. 99-27, A Resolution To Appoint A Member To Fill An Unexpired Term On The Granville Tree And Landscape Commission was introduced and read in full by Councilmember Wernet. Second by Councilmember Rader. Motion carried. Resolution No. 99-27 is adopted.
Ordinance No. 25-99, An Ordinance To Rescind Ordinance No. 16-98 Authorizing The Approval Of An Offer To Purchase Real Property Commonly Known As 200 East Broadway By The Village Of Granville was introduced by Councilmember Rader. Vice Mayor McGowan set the Public Hearing on Ordinance No. 25-99 for July 7, 1999. MAYOR’S REPORT The Mayor’s Court Report for the month of May was presented for review. 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 May was presented for review.
Councilmember Rader made a motion to accept the Manager’s report as presented. Second by Councilmember Robertson. Vice Mayor McGowan directed the clerk to file the report. A copy of said report is attached as part of these minutes.
REVIEW AND APPROVAL OF MINUTES The minutes of the regularly scheduled meeting of June 2, 1999, were presented for review. Councilmember Rader moved to approve the minutes as amended. Councilmember Minklei second. Motion carried.
COMMITTEE REPORTS Vice Mayor McGowan announced that the Recreation Commission will be using the Bennett property for bingo during the 4th of July festivities.
Manager Hickman requested a Utilities Committee meeting to discuss the issues of FrontierVision (Cox), Mt. Parnassus Condominiums lift station, and the Kendal Corporation’s water and sewer request. He will coordinate a date with members of the Committee. There was a brief discussion of the need for someone to represent Council on the Tree & Landscape Committee. As Councilmember Lucier has shown an interest in the T&L activities in the past, Council appointed Ms. Lucier as its representative, assuming Councilmember Lucier agrees to this appointment upon her return.
OTHER July 3rd parade - Councilmembers will meet for a continental breakfast at 8:00am and the parade will begin at 10:45am. Manager Hickman stated that Roger Asmus always takes the Mayor in his El Dorado. Manager Hickman will locate available drivers to escort Councilmember in the parade.
There was discussion about the 4th of July Declaration of Independence reading at Opera House Park. The Sentinel will advertise this event. The Boy Scouts and Girl Scouts will be contacted for their participation. The reading will take place at 1:00pm.
ADJOURNMENT Councilmember Rader moved to adjourn the meeting at 9:13pm. Councilmember Minklei second. Motion carried.