VILLAGE OF GRANVILLE COUNCIL MEETING MINUTES November 7, 2001
CALL TO ORDER (by Mayor Robertson at 7:32pm)
ROLL CALL (7:32pm) Those responding to the roll call were Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet; Mayor Robertson; Manager Hickman; Law Director Crites.
Resolution No. 01-67, A Resolution Of Appreciation To Barbara Lane Lucier And William Wernet For Their Service On The Village Council To The People Of The Village Of Granville, was introduced and read in full by Councilmember Moore. Second by Councilmember Crais. Motion carried. Mayor Robertson added her thanks as well, both personally and professionally.
CITIZENS’ COMMENTS (opened by Mayor Robertson at 7:37pm) All Topics Jackie O’Keefe, 4 Samson Place. Ms. O’Keefe read a short expression of appreciation for Ms. Lucier’s service to the Village.
St. Luke’s – Building Addition Request [Councilmember Crais recused himself from the discussion due to his connection with St. Luke’s.] Bill Hayes, 560 W. Broadway, architect and member of St. Luke’s. Mr. Hayes expressed the congregation’s hope that Council had reviewed their submissions and would rule at this evening’s meeting. Members of Council had no questions at this time. Law Director Crites noted that a resolution would be presented for vote at the meeting of December 5th. Mr. Hayes asked if Council could at least give St. Luke’s an indication of their intention, then formalize it in a month. Mayor Robertson said it didn’t appear they could do so. Councilmember Lucier asked if a simple resolution could be drafted at the current meeting; Manager Hickman and Law Director Crites excused themselves to do so. [Resolution No. 01-66, the result of their efforts, appears later in these Minutes.]
Mayor Robertson closed Citizens’ Comments at 7:42pm. [Councilmember Crais returned to the table.]
PUBLIC HEARINGS (7:42pm) Ordinance No. 34-01, An Ordinance Authorizing The Village Of Granville To Extend Sewer Services To The Granville Exempted Village School District’s New School Site And Authorizing The Village To Sell Its Surplus Utilities, And Declaring An Emergency.
Comments: Kathy Lowery, Superintendent of Schools, 130 N. Granger Street. Ms. Lowery noted that this was an important evening for the district and the community. She thanked Mayor Robertson and Councilmembers Lucier, Moore, and McGowan for their work on this ordinance and thanked the entire Council for considering it. She stated that the School Board could fully support the provisions in 34-01. Constance Barsky, 221 East Elm Street. Ms. Barsky questioned the appearance of Ordinances 34-01 and 37-01 on the same agenda. She felt 37-01 better reflected the intent of the Village and clarified some of the issues that have arisen and recommended that Council consider 37-01 rather than 34-01.
Wes Sargent, 66 Winsted Circle. Mr. Sargent spoke in support of the School Board, noting that both bodies want what’s best for the community. He reminded everyone of the basic dilemma—that the EPA wants school to tie in to the Village’s utility and the Village doesn’t want anyone else to do the same—and urged members of Council to stay focused.
Mayor Robertson closed the public hearing at 7:47pm.
Ordinance No. 36-01, An Ordinance To Amend Section 145.14 Of The Codified Ordinances Of The Village Of Granville. No one appeared to speak for or against the Ordinance. Mayor Robertson closed the public hearing at 7:48pm.
OLD BUSINESS (7:48pm) Ordinance No. 34-01, An Ordinance Authorizing The Village Of Granville To Extend Sewer Services To The Granville Exempted Village School District’s New School Site And Authorizing The Village To Sell Its Surplus Utilities, And Declaring An Emergency, was re-introduced by Vice Mayor Wernet. Second by Councilmember McGowan.
Discussion: Councilmember Moore noted that amendments made to 34-01 since it original introduction on October 17 were marked in the text. She distributed an additional list of “friendly” amendments, then moved to have the marked changes and the friendly amendments included as part of 34-01. Second by Councilmember McGowan. Discussion: Councilmember Moore reported that she, Mayor Robertson, Councilmember Lucier, Law Director Crites, and Manager Hickman had met last Friday, with the goal of taking Mayor Robertson’s original draft of Ordinance 37-01, incorporating Councilmember Bellman’s suggested revisions as well as comments from the school district, and producing a balanced recording of the historical record. Since that meeting, she has seen further amendments from Councilmembers Bellman and Crais, which she discussed with the school district before crafting the list of friendly amendments. She urged everyone to give a little bit and come to agreement. Vice Mayor Wernet called the question on the amendments. Mayor Robertson instructed members to take the time to read Councilmember Moore’s friendly amendments, then took a voice vote on the motion- to-call. Motion-to-call carried. A voice vote on the amendments yielded three (3) affirmative votes, four (4) negative votes. Motion-to-amend not carried. Councilmember Moore stated that 34-01 was a better ordinance when amended. Councilmember McGowan felt it had been a “valiant effort” at a compromise between all the proposed iterations. Vice Mayor Wernet called the question on the 34-01. Motion-to-call carried. A voice vote on Ordinance 34-01 yielded two affirmative votes (Councilmembers McGowan and Moore) and five (5) negative votes (Councilmembers Bellman, Crais, and Lucier; Vice Mayor Wernet, Mayor Robertson). Ordinance No. 34-01 is not adopted.
Ordinance No. 36-01, An Ordinance To Amend Section 145.14 Of The Codified Ordinances Of The Village Of Granville, was reintroduced by Councilmember Wernet. Second by Councilmember Crais.
Discussion: Mayor Robertson moved to amend Section 145.14(B) as follows: “…and to be paid for the first month as specified above in (A)(1), and thereafter, during each monthly pay period….” Second by Vice Mayor Wernet. Vice Mayor Wernet called the question. Motion-to-call carried. Motion-to- amend carried.
A Roll Call vote on the ordinance as amended yielded seven (7) affirmative votes (Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson). Ordinance No. 36-01, as amended, is adopted. Mayor Robertson asked Manager Hickman to inform Ed McCaul of this action.
NEW BUSINESS (8:03pm) Ordinance No. 37-01, An Ordinance Authorizing The Village Of Granville To Extend Sewer Services To The Granville Exempted Village School District’s New School Site And Authorizing The Village To Sell Its Surplus Utilities, And Declaring An Emergency, was introduced by Mayor Robertson. Second by Councilmember Bellman. Discussion: Mayor Robertson stated she felt agreement could have been reached if more time had been available and emphasized that 37-01 is not competing with 34-01 or even with the previous version of 37-01. She noted that Council has work to do that the School Board doesn’t have and called their respective responsibilities an “appropriate division of labor.” She also noted that conflict is normal and natural; it’s what we do about it that matters. She stated that the emergency clause in 37-01 would permit passage of the ordinance at this meeting, at which point it would go into effect. Vice Mayor Wernet stated that the historical record contained in 37-01 is important to document Council’s serious concerns about extension of sewer service. He felt Council needed to move beyond earlier points of disagreement and pass this ordinance since earlier concerns about others being able to tap in to a new sewer line have been allayed by the OEPA and Law Director Crites, making the risk virtually non-existent as currently written. Councilmember Bellman agreed with Vice Mayor Wernet’s comments on the historical perspective. He also urged the School Board to make every effort to accomplish eventual annexation to gain Village police protection for the new school. Councilmember Bellman, responding to a request from Councilmember Lucier, highlighted some of the differences between 34-01, including the proposed amendments, and 37- 01. Councilmember Moore added her comments to the answer, emphasizing that 34-01, as proposed, had been drafted after consulting with the school district. In short, 34-01, if amended as proposed by Councilmember Moore, would have specified consultation/negotiation on a number of points (e.g., green space, whether or not a public road is appropriate, who would fund a bike path). In 37-01, the school district is responsible for those same items (e.g., specific number of acres dedicated to green space, requirement for a public road, requirement that the school district fund the bike path). Mayor Robertson expressed concern about the parallel processes that produced the two ordinances, 34-01 and 37-01. She noted that in early October she had appointed Councilmember Lucier and herself to conduct talks with the school district and OEPA. Those meetings occurred and progress was made. At the same time, however, other members of Council were having discussions with school- board members—meetings Mayor Robertson was not aware of. Different conclusions were drawn and different ordinances were drafted. The resulting confusion impedes the progress of negotiations and blurs the lines of what, exactly, is Council’s position in the matter. Vice Mayor Wernet concurred, expressing the hope that as Council goes forward, such side conversations will no longer occur. Councilmember Moore assured Mayor Robertson (who had had to leave the Friday meeting early in order to teach a class) that there had been no effort to undermine her work after her departure; Councilmember Lucier concurred. Councilmember McGowan expressed his appreciation that Councilmember Moore had contacted the School Board, noting that neither Councilmember Bellman nor Councilmember Crais, who drafted 37-01, had done so. Councilmember McGowan stated his objection to language in the 13th “Whereas” that described the Village as “not happy” with the school site—a characterization not borne out by the recent elections. Mayor Robertson moved to amend the 13th “Whereas” as follows: “WHEREAS, even though the Village is not happy with the School Board’s decision to construct the new school at the Van Winkle Property, the Village recognizes the substantial public funds….” Second by Councilmember Lucier. Motion-to-amend carried. Vice Mayor Wernet moved to amend the 6th bullet point under Section 3 by changing “160 acres” to “60 acres.” Second by Councilmember Crais. Discussion: Ms. Lowery stated that the school district had purchased the land with the intent of using it for schools and declaring how much acreage could or would be green space is premature at this point. She also noted that the tract is actually 179 acres, not 184. Melissa Obenauf emphasized that it is not up to Village Council to tell the School Board how to use their land. Council simply needs to tell them if they have extension of sewer or not. She pledged that the Board will do the best they can, but is not prepared to specify green-space acreage tonight. Councilmember Lucier asked Township Trustee Wes Sargent about Township open-space requirements. Trustee Sargent responded that they only apply to PUDs. Mayor Robertson suggested deleting the 6th bullet. Councilmember Lucier suggested substituting Councilmember Moore’s proposed language on the subject. Vice Mayor Wernet agreed (as did Councilmember Crais) to replace his original amendment to the 6th bullet point in favor of Councilmember Lucier’s suggestion, as follows: “The School District shall agree to maintain 160 acres of the 184 acres set aside some portion of the Van Winkle property as permanent green space – that is, as permanent agricultural land and/or as passive park land ,such number to be negotiated with the Village after the School District obtains expert guidance.” Motion-to- amend carried. Councilmember Moore asked Councilmember Bellman to clarify what he meant, in Section 1, by “under terms similar to the utility contract the Village just entered with Kendal Corporation.” Councilmember Crais responded they were expecting the “same level of detail and explication” as in the Kendal contract. Other members, however, had read it in other ways. Councilmember Moore moved to delete “…under terms similar to the utility contract the Village just entered with Kendal Corporation.” Second by Councilmember Lucier. Discussion: Vice Mayor Wernet asked what guidance Council would be giving Manager Hickman for negotiation. Councilmember Lucier suggested adding a clause at the end of Section 2, as follows: “…with regard to the sewer services, subject to approval by Council.” Councilmember Moore agreed to the change. Mayor Robertson ruled that the two points would be voted on as a single amendment. Motion-to-amend carried. Vice Mayor Wernet moved to add to Section 2, as follows: “…with regard to the sewer services, at a rate between 1.0 and 1.3 of the Granville residential rate, subject to approval by Council.” Second by Councilmember Crais. A voice vote on the amendment yielded five (5) ayes and two (2) nays. Motion-to-amend carried. Superintendent Lowery responded to 37-01 by noting that in November 2000 the community had passed a $32MM bond issue—a direct reflection of the value people in the community place on education and on the job being done by the professionals in the school system. Every cent of that $32MM is budgeted. In short, there is no money available to do the things Council wants to have done through this ordinance (e.g., no money to build a public road, even if the BZA wanted one, and no money to build a bike path). While each mil of the operating levy brings in $260,000, 88% of the budget is spent on personnel. She further noted that the historical account and documentation contained in 37-01 is Council’s perspective, not the School Board’s. The ordinance as presented contains multiple caveats that the school system cannot afford—so much so that they cannot accept sewer service under these conditions. They will continue on with the permit request to install the package plant if an agreement that won’t unduly burden the taxpayers can’t be reached. She concluded by stating that everyone had been trying hard to find an acceptable compromise, only to be faced with provisions in this ordinance that have never been discussed. Councilmember Bellman proposed that the document, in toto, says that Council really wants that school to be part of the Village. Councilmember Moore moved to amend Section 3 by deleting the 4th and 5th bullets and inserting three points from her proposed amendments to 34-01, as follows: “▪ The School District shall construct an access road between Burg Street and Loudon Street and will discuss with the BZA and Granville Township when the road should be open. ▪ The School District shall discuss with the Township whether the Township would like to construct a public road between Burg Street and Loudon Street across the Van Winkle property. ▪ The School District shall work with the Village and the Township in the construction of a bike path from the existing high school to the new school and, if necessary, shall participate in the expense of constructing such bike path.” Second by Councilmember McGowan. Discussion: Councilmember Bellman suggested his wording of this issue was better and that the school might pay for the access road, which the Village and Township could then upgrade to a public road. Vice Mayor Wernet and Mayor Robertson concurred. Councilmember Moore called the question on the amendment. Motion-to-call carried. A voice vote on the amendment yielded two (2) affirmative votes, four (4) negative votes, and one (1) abstention. Motion-to-amend not carried. Councilmember McGowan expressed his frustration that Council was still discussing an ordinance the school board said they couldn’t support and presuming to speak for the Township Trustees, who are not present. He called the question on the ordinance. Second by Councilmember Lucier. Motion-to-call carried. A Roll Call vote on the emergency clause yielded six (6) affirmative votes (Councilmembers Bellman, Crais, Lucier, and Moore; Vice Mayor Wernet, Mayor Robertson) and one (1) negative vote (Councilmember McGowan). The emergency is declared. A Roll Call vote on Ordinance 37-01 as amended yielded five (5) affirmative votes (Councilmembers Bellman, Crais, and Lucier; Vice Mayor Wernet, Mayor Robertson) and two (2) negative votes (Councilmembers McGowan and Moore). Ordinance 37-01, as amended, is adopted. Mayor Robertson called a brief recess. Resolution No. 01-66, A Resolution Approving A Request From St. Luke’s Episcopal Church For Permanent Improvements And Renovations To The Village-Owned Property Located at 118 South Main Street, was introduced by Vice Mayor Wernet. Second by Councilmember Lucier. Motion carried. Ordinance No. 38-01, An Ordinance To Amend Ordinance No. 25-00 Providing For Adjustments Of The Annual Budget For the Fiscal Year 2001 And Revising Sums For Operating Expenses, was introduced by Vice Mayor Wernet. Mayor Robertson set the public hearing for December 5, 2001.
Resolution No. 01-62, A Resolution To Establish The Time And Place Of A Public Hearing For The 2002 Municipal Budget As Proposed By The Village Manager. Resolution No. 01-63, A Resolution To Authorize The Village Manager To Advertise For Bids For The Purchase Of Water And Sewage Treatment Chemicals, was introduced by Vice Mayor Wernet. Second by Councilmember Crais. Motion carried. Resolution No. 01-63, A Resolution To Authorize The Village Manager To Advertise For Bids For The Purchase Of Water And Sewage Treatment Chemicals, was introduced by Vice Mayor Wernet. Second by Councilmember McGowan. Motion carried.
Resolution No. 01-64, A Resolution To Allow For The Donation Of Bicycle Surplus To The Licking County Housing Coalition, was introduced by Councilmember McGowan. Second by Vice Mayor Wernet. Motion carried. [Councilmember Moore recused herself from the following due to her ownership of stock in Park National Bank.] Resolution No. 01-65, A Resolution To Award The Proposals For Deposit Of Public Funds, was introduced by Councilmember McGowan. Second by Vice Mayor Wernet. Motion carried. [Councilmember Moore returned to the table.] OTHER (9:58pm) JEDD Appointment Tym Tyler was appointed to the post, to interact with the Township’s JEDD representative. Comprehensive Plan Review Committee Council accepted the letter received from the Committee and placed the item on the agenda for December 5th.
EXECUTIVE SESSION Councilmember Moore moved to enter into Executive Session for the purpose of discussing land acquisition. Second by Vice Mayor Wernet second. A Roll Call vote yielded seven (7) affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson. Time in: 10:05pm.
Councilmember McGowan moved to adjourn the Executive Session. Second by Vice Mayor Wernet. A Roll Call vote yielded seven (7) affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson. Time out: 10:21pm. [Note: Councilmember Crais was excused from the meeting at 10:15pm.]
MAYOR’S COURT REPORT (10:23PM) The Mayor’s Court Report for the month of September was presented for review. Vice Mayor Wernet moved to accept the report; second by Councilmember McGowan. Motion carried. Vice Mayor Wernet directed the report be filed with the Clerk. A copy of said report is attached as part of these minutes.
REVIEW AND APPROVAL OF MINUTES (10:25pm) Regularly Scheduled Meeting of October 17, 2001. The following additions/corrections were requested: 1) Councilmember Moore, p 8, under Streets/Sidewalks/Utilities Committee – “Councilmember Crais stated that area of Granville is an important gateway….” Vice Mayor Wernet moved to approve the Minutes as amended; second by Councilmember McGowan. Motion carried. COMMITTEE REPORTS (10:27pm) Economic Development Committee (Councilmembers Crais, Moore; Mayor Robertson). Councilmember Moore reported that Kathryn Wimberger is working to schedule another meeting with the OSU students. Finance Committee (Councilmember Moore). No report. Newark-Granville Joint Committee (Mayor Robertson, Councilmember Bellman) Councilmember Bellman reported on discussions with Bruce Bain and others from Newark during which he expressed concerns about River Road annexation to Newark and a proposed change in zoning to single-family. He will try to attend the next Newark City Council meeting.
Personnel Committee (Councilmember McGowan). No report.
Planning Commission (Councilmember Lucier). Councilmember Lucier had no report of the most recent meeting but noted that the Pyles have submitted a demolition-permit request. She is concerned, as she expressed at the last meeting, that this might be premature since we still don’t know what might or might not happen with the Library. Mayor Robertson asked if Council could specify a contingency that the house not be demolished until the Library’s plans are more fully formed. Manager Hickman noted that the Pyles and the Library had an agreement that the house would be gone from the site by August 31st but that we might be able to delay demolition until the Library plans had been approved. He will relay this to the Planning Commission. Rec Commission (Councilmember McGowan). Councilmember McGowan reported the Commission is considering a Baseball Commissioner. They are also very happy that the levy passed. Street Light Committee (Councilmember McGowan). Councilmember McGowan reported that work is done for this year—the 6th year of a 6-year project. Streets, Sidewalks & Utilities Committee (Vice Mayor Wernet; Councilmembers Bellman, Crais). No report. Tree & Landscape Committee (Councilmember Moore). The Committee will meet November 20th.
Union Cemetery Board (Councilmember Lucier). No report.
Strategic Land Acquisition Committee (Councilmembers Bellman, Crais, Moore). Councilmember Moore reported Councilmember Crais is working on the final report.
JEDD No report. MEETING ANNOUNCEMENTS November 5, 2001 – Lewis Park Committee (7:00pm) November 6, 2001 – GRC (7:30pm) November 6, 2001 – Comp Plan Review (7:00pm) November 8, 2001 – BZBA (7:00pm) November 13, 2001 – PC (7:30pm) November 20, 2001 – T&L (7:00pm) November 26, 2001 – Planning Commission (7:30pm)
Mayor Robertson announced that Dan Dudley of OEPA would be present at the December 5th meeting to discuss the 208 Plan. ADJOURNMENT Vice Mayor Wernet moved to adjourn the meeting at 10:35pm. Second by Councilmember McGowan. Meeting adjourned.