VILLAGE OF GRANVILLE COUNCIL MINUTES December 19, 2001
CALL TO ORDER (by Mayor McGowan at 7:30pm)
ROLL CALL Those responding to the Roll Call were Councilmembers Bellman, Crais, Hartfield, Main, and Robertson; Vice Mayor Moore, Mayor McGowan; Manager Hickman, Law Director Crites.
CITIZENS’ COMMENTS All Topics John Klauder, 30 Old Farm Road. Mr. Klauder challenged Council to give the community the gift of a more harmonious relationship between itself, the Township Trustees, and the School Board. He urged a final vote, up or down, on the extension of sewer service to the new school so the community could move on. Patty Brown, 55 Old Farm Road. Ms. Brown echoed Mr. Klauder’s call for unity, urging Council to move forward to a new era of cooperation, professionalism, and efficiency, with all our governmental entities working together.
Larry Sargent, 907 Newark Road. Mr. Sargent added his voice to those of the two previous speakers, noting that our tax dollars support all three entities and the school should have the most economic utilities possible.
Lynn Straker, 81 Joy Lane. Ms. Straker noted that the voters had spoken loud and clear in November. On behalf of the School Board, she expressed her thanks to all members of Council, especially Vice Mayor Moore for her tireless efforts on the ordinance. She stated her hope that Council’s decision would favor extension and would be made tonight so everyone could move forward in a positive way. Helen Hartkopf, 208 Beechwood Drive. Ms. Hartkopf expressed her agreement with the previous speakers and said she felt that the current draft of the ordinance would not invite more development.
Constance Barsky, 221 East Elm Street. Ms. Barsky expressed her agreement with the previous speakers re all three entities working together. She challenged the Trustees and the School Board to spend as much time as Council working on this issue. She asked why no School Board members had been at the previous meeting and why the ordinance under consideration at this meeting has a revenue provision attached to it. She stated that the voters had expressed their support for the school, not necessarily the School Board. She cautioned that citizens must always be able to take action and stated Council should be careful not to set a precedent for the future that might not allow that to happen. Ron Sheldon, 278 Llanberis Drive. Mr. Sheldon reiterated his request for Council to include a line-item in the 2002 budget approving funding for the bike-trail bridge. He noted that no monies would be expended until 2003 and that he expected the final amount to be “considerably less” than the $50,000 contribution requested. He then added his voice to those of the previous speakers to ask that Council pass the extension ordinance at this meeting.
Mayor McGowan closed Citizens’ Comments at 7:43pm.
PUBLIC HEARINGS (7:43pm) Ordinance No. 41-01, An Ordinance To Authorize The Sale Of Surplus Village Utilities For Use At The Granville Exempted Village School District’s New School Site, was introduced by Mayor McGowan. No one appeared to speak for or against the Ordinance. Mayor McGowan closed the Public Hearing at 7:43pm.
Ordinance No. 39-01, 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, 2002, was introduced by Mayor McGowan. No one appeared to speak for or against the Ordinance. Mayor McGowan closed the Public Hearing at 7:44pm.
OLD BUSINESS (7:44pm) Ordinance No. 41-01, An Ordinance To Authorize The Sale Of Surplus Village Utilities For Use At The Granville Exempted Village School District’s New School Site, was introduced by Vice Mayor Moore. Second by Councilmember Main.
Discussion: Councilmember Robertson stated she saw the process on this issue as having been a very important educational opportunity for members of Council—an appropriate and democratic course of action that allowed all voices to be heard. She emphasized that her end-goal is the same as everyone else’s: a school that functions well, serves children, and betters the community. She wants harmony, even in the face of disagreement as to how to fulfill the needs without causing undesirable outcomes. She disagrees with the provision in 41-01 that has the Village making a profit off extension that might, in turn, lead to some of those undesirable consequences. She noted that the previous Council had passed two ordinances, either of which would allow extension of sewer service while minimizing risk, and asked this Council to proceed in a conservative way. Councilmember Robertson moved to amend Ordinance 41-01 and distributed the text of her proposed amendments, designed to “accomplish the same things in another way.” Her text would provide sewer service to the School Board at cost and has the OEPA position on the service at its center so policy would not change vis à vis others who might want the Village’s utility services. Second by Councilmember Crais.
Discussion on the motion-to-amend: Vice Mayor Moore asked if Councilmember Robertson were proposing an entirely new ordinance. Councilmember Robertson said some of what she was proposing was “quite similar” to the original. Vice Mayor Moore questioned if an amendment was the proper form for such sweeping changes and said while she was prepared to consider a separate ordinance she was not prepared to consider Councilmember Robertson’s proposal as an amendment to 41-01. Councilmembers Bellman and Crais spoke in support of the Robertson amendment, stating that it addresses issues of the public road and the bike path and specifies that the school will pay less for sewer service than does 41-01. Councilmember Robertson reiterated her concern about preventing the Village/Township entity from being overrun by development. Mayor McGowan noted that the ordinances already approved, as well as 41-01, all bar the threat of unwanted tap-ins. Councilmember Bellman restated his concerns about the revenue-generating language in 41-01. Vice Mayor Moore responded that such language is necessary to bring finality to this issue. She noted that Ordinances 37-01 and 40-01, previously passed, both have language that the School Board found unacceptable—language that is included in Councilmember Robertson’s amendment. Vice Mayor Moore then proposed Council reconsider her earlier 34-01 and its friendly amendments (voted down at a previous meeting), since it would take the revenue emphasis out of the discussion. She offered to table 41-01 if someone would introduce 34-01. If 34-01 were to pass, with an emergency declared, she would withdraw 41-01. A discussion followed, contrasting the “tone” of the original 41-01 and the proposed amendment. Councilmember Crais cautioned that, whatever the tone of the final document, Council should be careful not to create a new policy in the process of providing sewer service to the school. Councilmember Main stated that while he is in favor of extension he does not think the school rate should be any different from other people in the Village. Councilmember Hartfield noted that 41-01 (original) makes it clear that this is a one-time situation, for a public entity. Mayor McGowan added that the schools are “special and unique.” Law Director Crites stated that the Constitution of the State of Ohio, Article 18, Section 6, provides that a municipality can sell surplus utilities. That Article also states that a municipality, at its discretion, may extend service outside its boundaries. The case law at this point is that Granville has the right to extend at its discretion. Councils have attempted to go one step further to set forth, both in the recitals and the body text, the reasons that justify a specific extension— making each case even more defensible should it ever be challenged. This Council should do the same with this ordinance. Councilmember Robertson reminded everyone of a string of lawsuits when the Village was being challenged for development (e.g., SuperAmerica, Marathon, the motel, Bob Evans). She noted that the Village had paid those legal bills and that is one reason she wants to be so conservative in both the decision and the laying out of a careful and well-documented paper trail. Future councils will benefit from having a good record on which to proceed when faced with the same kinds of decision. Councilmember Crais stated that we need to heed Law Director Crites’ caution to produce an ordinance that is defensible, to the maximum degree possible. Councilmember Crais felt that 41- 01 was somewhat at cross purposes (i.e., highly specific on the one hand, but also establishing a general principle that we have excess capacity we’re interested in selling). In short, “unique” is not enough of a requirement for extension. A Roll Call vote on the Robertson amendment to Ordinance No. 41-01 yielded three (3) affirmative votes (Councilmembers Bellman, Crais, and Robertson) and four (4) negative votes (Councilmembers Hartfield and Main; Vice Mayor Moore, and Mayor McGowan). The motion-to-amend is defeated by a vote of 3-4.
[At 8:30pm, Council took a brief recess to produce copies of Ordinance 34-01. The meeting was reconvened by Mayor McGowan at 8:44pm.]
Councilmember Moore moved to Table Ordinance No. 41-01; second by Councilmember Crais. A Roll Call vote on the motion-to-table produced four (4) affirmative votes (Councilmembers Crais and Robertson; Vice Mayor Moore, Mayor McGowan) and two negative votes (Councilmembers Hartfield and Main). [Councilmember Bellman was out of chambers when the vote was taken.] The motion-to-table is carried by a vote of 4-2.
Councilmember Crais introduced Ordinance No. 42-01, with an emergency clause (formerly Ordinance No. 34-01, “originally presented as a compromise measure that recognized all concerns and set a framework to address them). Second by Vice Mayor Moore.
Discussion on Ordinance 42-01: Changes to Page 1: Councilmember Crais moved to amend the title of the Ordinance, as follows: “AN ORDINANCE….DISTRICT’S NEW SCHOOL SITE AND AUTHORIZING…” The change was accepted as a friendly amendment. Councilmember Robertson moved to amend the 4th Whereas, as follows: “WHEREAS, the Van Winkle property must be serviced with sewer, and the Ohio EPA has indicated a preference for considers centralized sewage treatment in this instance systems to be the most environmentally sound alternative as compared to the construction of package plants; and”. Second by Councilmember Bellman. A Roll Call vote on the motion-to-amend yielded two (2) affirmative votes (Councilmembers Bellman and Robertson) and five (5) negative votes (Councilmembers Crais, Hartfield, and Main; Vice Mayor Moore, Mayor McGowan). The motion-to-amend is defeated by a vote of 2-5.
Changes to Page 2: Vice Mayor Moore moved that Section 11 be renumbered to Section 12 and that a new Section 11 be added, as follows: “Ordinances No. 37-01 and 40-01 are hereby repealed.” Second by Councilmember Main. Vice Mayor Moore explained that this needs to be done for purposes of clarity. Councilmembers Bellman and Robertson spoke in favor of leaving in a reference to Ordinances 37-01 and 40-01 for historical purposes. Councilmember Bellman proposed a new 6th Whereas, as follows: “WHEREAS, by Ordinance No. 37-01 and Ordinance No. 40-01, the Village did provide sewer utilities to the new school for the reasons stated therein; and” Second by Councilmember Crais. A Roll Call vote on the motion-to-amend yielded three (3) affirmative votes (Councilmembers Bellman, Crais, and Robertson) and four (4) negative votes (Councilmembers Hartfield and Main, Vice Mayor Moore, Mayor McGowan). The motion-to-amend is defeated by a vote of 3-4. Vice Mayor Moore proposed a new 6th Whereas on page 2 of Ordinance 42-01, using language from the 7th Whereas of Ordinance 41-01, modified as follows: “WHEREAS, at the request of the OEPA, the District has again requested that the Village provide sewer utility services to the Van Winkle property and the new school; and in response to such request the Village Council has adopted Ordinance No. 37-01 and Ordinance No. 40-01, which Ordinances generally provide for the extension of the Village’s sanitary sewer utility service to the Van Winkle property and the new school, subject to the conditions, among others, that the District cause the construction of a bike path and public roadway, all at a cost substantially beyond that budgeted by the District; and” Councilmember Main agreed to this change. A Roll Call vote on the motion-to-amend yielded six (6) affirmative votes (Councilmembers Bellman, Crais, Main, and Robertson; Vice Mayor Moore, Mayor McGowan) and one (1) negative vote (Councilmember Hartfield). The motion-to- amend, including the new Section 11 proposed by Vice Mayor Moore at the beginning of this discussion, is carried by a vote of 6-1.
Vice Mayor Moore called the question; second by Councilmember Main. A Roll Call vote yielded four (4) affirmative votes (Councilmembers Hartfield and Main; Vice Mayor Moore, Mayor McGowan) and three (3) negative votes (Councilmembers Bellman, Crais, and Robertson). The motion- to-call is defeated, a 2/3 majority not having been obtained.
Councilmember Bellman moved to amend the original 7th Whereas on page 2, as follows: “WHEREAS, in order to ensure that the Village has adequate resources to provide sewer services to its current residents and to preserve the unique rural atmosphere in the Village, the Village hereby finds and determines that it is in the best interest of the Village to provide the surplus sewer services to the District on an exclusive basis; and”. Second by Councilmember Crais. A Roll Call vote on the motion-to- amend yielded seven (7) affirmative votes (Councilmembers Bellman, Crais, Hartfield, Main, and Robertson; Vice Mayor Moore, Mayor McGowan). The motion-to-amend is carried by a vote of 7-0.
Changes to Page 3: Councilmember Crais moved to amend the third line of Section 3, as follows: “…is hereby authorized to and shall provide surplus sewer to the new school property, so long as….” The change was accepted as a friendly amendment. Councilmember Bellman moved to amend Section 3, (iii), as follows: “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 is desirable and needed;” The change was accepted as a friendly amendment. Councilmember Bellman moved to amend Section 9, as follows: “Section 9. The District shall be responsible for the expense of the tap-in fees and all other expenses not specifically delineated herein but associated with the extension of sewer services to the District. If the property is annexed as anticipated in Section 5, said tap- in fee shall be waived.” Second by Councilmember Crais. A Roll Call vote on the motion-to-amend yielded two (2) affirmative votes (Councilmembers Bellman and Crais) and five (5) negative votes (Councilmembers Hartfield, Main, and Robertson; Vice Mayor Moore, Mayor McGowan). The motion- to-amend is defeated by a vote of 2-5.
Councilmember Main moved Section 12, the Emergency Clause of Ordinance 42-01. Second by Councilmember Bellman. A Roll Call vote yielded seven (7) affirmative votes (Councilmembers Bellman, Crais, Hartfield, Main, and Robertson; Vice Mayor Moore, Mayor McGowan). The emergency is declared by a vote of 7-0.
A Roll Call vote on Ordinance No. 42-01, as amended, yielded seven (7) affirmative votes (Councilmembers Bellman, Crais, Hartfield, Main, and Robertson; Vice Mayor Moore, Mayor McGowan). Ordinance No. 42-01, as amended, is hereby adopted by a vote of 7.0.
[At 10:10pm, Council took a brief recess. The meeting was reconvened by Mayor McGowan 10:16pm.]
Vice Mayor Moore moved to remove Ordinance No. 41-01 from the table; second by Councilmember Hartfield. Motion carried, 7-0.
Vice Mayor Moore moved to withdraw Ordinance No. 41-01 from consideration; second by Councilmember Hartfield. Motion carried, 7-0..
Ordinance No. 39-01, 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, 2002, was re-introduced by Councilmember Crais and re-seconded by Councilmember Robertson.
Discussion: Finance Director Molly Roberts and Manager Hickman answered Council questions on specific line items. Manager Hickman clarified that the GIS expense is for more than just the computer itself. Councilmember Crais expressed concern that the Personnel Committee had not yet completed its work. Re personnel salary recommendations, Manager Hickman’s plan is to implement his current recommendations until Council can meet in February or March. Councilmember Robertson proposed that, based on Human Resource Solutions’ report, decisions made at that time re salaries, staff configuration, morale issues, healthcare contribution by the Village, etc., will be retroactive to January 1, 2002. Re police purchasing their own firearms, Law Director Crites noted that this is common practice. Manager Hickman asked to add $15,000 for the installation of survey monuments as the first phase of this project only. Mayor McGowan expressed concern about the lack of a safe pedestrian walkway on the South Main Street bridge. The bridge itself belongs to ODOT. Manager Hickman has expressed our concerns but doesn’t have much hope that anything will be done. He added that he was unsure where the line between Village and Township property was at that point but he has gone ahead and researched some information on a pedestrian bridge (costing perhaps $180,000 to build) and suggested appropriating approximately $20,000 for design work and engineering. He also noted that the bike- path bridge is not yet in the budget. Vice Mayor Moore suggested setting aside that money now. Law Director Crites asked that the appropriation and the expenditure be made contingent upon the Village entering into a joint park district or other lawful means of doing this project. Meanwhile, Law Director Crites will also review Rec Commission expenditures to make sure everything is being done properly. Manager Hickman noted that approving the $50,000 for the bike-path bridge does not guarantee that the resolution to actually make the expenditure will be approved at the time. Councilmember Bellman suggested a possible partnership with the Township on both the Raccoon Park bridge and a pedestrian bridge on South Main Street. Mayor McGowan suggested adding a bike trail to River Road. Manager Hickman also discussed tree-planting at the entrance to Hilengreen. Residents of the area are willing to contribute $2,500 to the General Fund. Vice Mayor Moore asked that future budget comparisons match appropriations for the upcoming year with actual expenditures from the previous year rather than a restatement of last year’s appropriations. She is hoping to avoid unnecessary increases in accounts that were underspent. Manager Hickman reported on the need to add $1,200 for a magistrate in Mayor’s Court when neither mayor nor the vice- mayor is available. A Roll Call vote on Ordinance No. 39-01 yielded seven (7) affirmative votes (Councilmembers Bellman, Crais, Hartfield, Main, and Robertson; Vice Mayor Moore, Mayor McGowan). Ordinance No. 39-01 is adopted by a vote of 7-0.
NEW BUSINESS (10:55pm) Resolution No. 01-70, A Resolution To Amend Pay Classifications And Salary Rates For The Several Departments Of The Village Of Granville, was introduced by Councilmember Bellman. Second by Councilmember Robertson. Motion carried, 7-0.
Resolution No. 01-71, A Resolution To Amend Insurance Coverage As Provided In Section 145.22 Of The Codified Ordinance Of The Village Of Granville, was introduced by Councilmember Robertson. Second by Councilmember Crais. Motion carried, 7-0.
OTHER Councilmember Robertson asked Law Director Crites to prepare an amendment to be attached to the current ordinance re disturbing the peace, specifying maximum decibels and minimum distances. Law Director Crites responded that the process is already under way and he has contacted Westerville and Columbus. REVIEW AND APPROVAL OF MINUTES Regularly Scheduled Meeting of December 5, 2001. Councilmember Main moved to accept the minutes as submitted; second by Councilmember Crais. Motion carried, 7- 0.
MAYOR’S COURT REPORT The Mayor’s Court Report for the month of November was presented for review. Councilmember Crais moved to accept the report; second by Vice Mayor Moore. Motion carried, 7- 0. Mayor McGowan directed the report be filed with the Clerk. A copy of said 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 Crais moved to accept the report; second by Vice Mayor Moore. Motion carried, 7- 0. Mayor McGowan directed the report be filed with the Clerk. A copy of said report is attached as part of these minutes.
COMMITTEE REPORTS Mayor McGowan noted that there are still some openings for committee members. Once all the slots are filled, the previous chair of each committee will call a meeting at which the members will agree on a chair for the upcoming year to be recommended to the mayor for appointment.
Economic Development Committee (Crais, Moore, Robertson) Councilmember Crais reported the committee had met for breakfast at Cherry Valley Lodge to hear a presentation from the OSU professor. Copies of his official report will be distributed to members of Council for discussion at one of the meetings in January.
Finance Liaison (Moore) No report.
Granville Foundation Liaison (Main) No report.
JEDD Liaison (Bellman) No report.
Newark/Granville Relations (Bellman, Main) No report.
Personnel (Committee (Hartfield, McGowan) No report.
Recreation Commission Liaison (McGowan) No report.
Senior Citizen Committee (Moore, Robertson) Councilmember Robertson reported the committee had met December 13th. Tom Mitchell of Kendal talked about potential houses in town that might replace Sinnett House and allow the programs to expand their offerings (e.g., senior daycare). They began a discussion on how to make it economically possible and personally inviting for seniors to stay in the village. The next meeting is in February.
Strategic Land Acquisition Committee (Bellman, Crais, Moore) No report
Street Light Committee (McGowan) No report
Streets/Sidewalks/Utilities Committee (Bellman, Hartfield, McGowan) No report.
Tree & Landscape Committee (Moore) Councilmember Moore reported the committee had discussed the Pinehurst Drive project and what they wanted to do. Re the holiday tree, it isn’t going anywhere any time soon. Union Cemetery Board Liaison (Main) No report.
MEETING ANNOUNCEMENTS January 2, 2002 7:30pm Village Council January 30, 2002 7:30pm Joint Township Trustees/Council Meeting
ADJOURNMENT Vice Mayor Moore moved to adjourn the meeting at 11:19pm. Second by Councilmember Crais. Motion carried, 7-0. Meeting adjourned.
Submitted by Sandy Ellinger