Granville Community Calendar

Council Minutes 5/2/01

 1. CALL TO ORDER (by Mayor Robertson at 7:35pm)

2. ROLL CALL (7:35pm) Those responding to the Roll Call were Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Mayor Robertson; Manager Hickman, and Law Director Crites. For the Township Trustees: Trustee Havens, Trustee Jones; Clerk Kennedy. Councilmember Bellman moved to excuse Vice Mayor Wernet; second by Councilmember Crais. Motion carried. Township Trustee King arrived at 7:40pm.

3. UNION CEMETERY BOARD ANNUAL MEETING (called to order by Mayor Robertson at 7:37pm)

Resolution No. 01-34, A Resolution To Declare With The Granville Township Trustees That The Operation And Maintenance Of The Union Cemetery Under The Provisions Of Section 759.34 Of The Ohio Revised Code Continue And That The 2001 Annual Meeting Required By Section 759.34 Has Been Conducted And To Fill A Pending Vacancy On The Union Cemetery Board Of Trustees, was introduced by Councilmember Moore. Second by Councilmember McGowan.

Discussion: Councilmember Lucier noted that the resolution as presented does not reflect the changes approved during its consideration at last year’s joint meeting. She moved to amend the resolution as follows: 1) delete the current Section 2 (eliminating the $91,000 ceiling), and 2) re- number the subsequent sections. Second by Councilmember McGowan. Motion-to-amend carried. Motion-as-amended carried. Flo Hoffman thanked both bodies for their constant support. Both bodies thanked Flo Hoffman as well. Mayor Robertson adjourned the Union Cemetery Board Annual Meeting at 7:42pm.

4. CITIZENS’ COMMENTS (pm) All Topics Abram Kaplan, 842 Burg Street. Mr. Kaplan reported that the students in his Environmental Resolution Course, in the course of addressing process issues for future development, had come up with some interesting ideas about an informal mediation process—to be inserted after a developer has expressed interest and before Council is asked to address water issues and the like. Mayor Robertson asked if Council could have access to any of the papers produced in the course. Mr. Kaplan agreed to provide non-confidential documents.

Joint Economic Development Study (7:45pm) Kathryn Wimberger, 58 West Third Avenue, Columbus. Ms. Wimberger, a grad student at OSU in City and Regional Planning Program as well as the former Granville Village Planner, hopes to do a practicum study of downtown Granville, including an economic analysis/assessment that would help with our concerns about the future of downtown. She has already met with the members of the Economic Development Committee. For the remainder of the current quarter, she proposes to continue her review and analysis of existing information. During the summer, she and other students would do a more in-depth analysis. Then, perhaps in the fall, yet another class might do a master plan of the downtown area.

Discussion: Responding to Councilmember Moore’s questions about why her study was limited to downtown, Ms. Wimberger said it was simply more realistic to confine the study to only that area. She realizes, though, that the peripheral business areas affect the downtown and said the option of expanding the study was open to discussion. Mayor Robertson suggested that the addition of other students as the year goes on might allow the scope to broadened. She also asked if Ms. Wimberger could/would survey Denison students to determine their needs. Councilmember Crais asked if Ms. Wimberger’s interim report would be primarily descriptive or be prescriptive as well (in that its contents might well impact Council’s planned staffing discussions). Ms. Wimberger said her focus would be largely action-oriented. Councilmember Bellman supported Mayor Robertson’s point about including Denison students (and their parents), and asked if Ms. Wimberger would look at the pros and cons of having commuter-bus service from the east-side areas to downtown. He also urged her to look at the peripheral commercial areas to determine how best to protect downtown from the effects of surrounding developments. Ms. Wimberger responded she would make every effort to do so. She also expressed support for Mr. Kaplan and his students. Manager Hickman will present a resolution at the next regularly scheduled meeting to formalize the arrangements made with Ms. Wimberger (e.g., funding of her travel expenses, etc.).

5. PUBLIC HEARING (7:55pm) Ordinance No. 09-01, 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. No one appeared to speak for or against the Ordinance.

6. NEW BUSINESS (7:56pm) Resolution No. 01-35, A Resolution To Authorize The Village Manager To Seek Proposals For Property And Casualty Insurance Coverage For The Period Of 2001 Through 2004, was introduced by Councilmember McGowan. Second by Councilmember Lucier. Motion carried.

Resolution No. 01-36, A Resolution Authorizing The Village Manager To Prepare And Submit An Application To Participate In The Ohio Public Works Commission State Capital Improvement And/Or Local Transportation Improvement Program (s) And To Execute The Contracts Required, was introduced by Councilmember McGowan. Second by Councilmember Moore. Motion carried.

Resolution No. 01-37, A Resolution To Award The Bid For Cedar Street Sidewalk Extension Specifications To Robertson Construction And To Authorize The Village Manager To Enter Into An Agreement Therefore, was introduced by Councilmember Lucier. Second by Councilmember Crais. [Mayor Robertson stated for the record that she has no connection with Robertson Construction.] Motion carried.

Ordinance No. 11-01, An Ordinance To Authorize The Annexation Of Contiguous Land Belonging To The Village of Granville, was introduced by Councilmember Lucier. Second by Councilmember Crais. Discussion: Mayor Robertson asked for clarification of the land’s location. Law Director Crites and Manager Hickman said one parcel is Fanchion Lewis Park, the second is by the wastewater plant, and the third is the “14 acres.” Mayor Robertson set the public hearing for May 16, 2001.

Ordinance No. 12-01, An Ordinance To Amend Sections 1137.01, 1143.01, 1143.02, 1171.02, 1171.03, and 1171.04 Of The Codified Ordinances Of The Village Of Granville, Ohio To Revise The Administrative Procedure For Applications For Approval Of Development Plans In Planned Development Districts To Conform To The Decision Of The Supreme Court Of Ohio In State Ex Rel. Crossman Communities Of Ohio Inc. v. Greene Cty. Bd. Of Elections That Approval Of Such Plans is A Legislative Act, And To Declare An Emergency, was introduced by Councilmember Lucier. Second by Councilmember Bellman. Mayor Robertson set the public hearing for May 16, 2001.

 Ordinance No. 13-01, An Ordinance To Amend Chapters 309 Of The Granville Codified Ordinances, Establishing Penalties For Violations Committed By Drivers Of Overweight And Oversize Commercial Trucks, was introduced by Councilmember Crais. Second by Councilmember Bellman. Mayor Robertson set the public hearing for May 16, 2001.

 Strategic Land Acquisition And Smart Development Committee Mayor Robertson invited those candidates for membership present in the hall to speak if they so wished. Lori Green (445 Burg Street, Granville) stated she was interested in working for the benefit of the community to improve, enhance, and protect what we have in green space. Sara Goldblatt (419 Burg Street, Granville) said she was shocked when she moved back home to Granville to see what had happened in her absence and therefore felt this was an important committee for the future of the village. [There are two other candidates for the three citizen positions on the committee—Elaine Kent, a resident of the Township, and Bill Heim—neither of whom was present. Members of Council, voting by written ballot, elected Lori Green, Sarah Goldblatt, and Bill Heim.

 In discussion of who the Council representatives to the committee would be, everyone either nominated someone else or expressed interest in serving. Mayor Robertson requested a written ballot. Councilmember Moore was elected on the first ballot, Councilmembers Crais and Bellman on the third. The members of the committee will elect a chair at their organizational meeting.

7. OLD BUSINESS (8:18pm) Ordinance No. 09-01, 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 re-introduced by Councilmember Crais. Second by Councilmember Bellman. Discussion: Manager Hickman clarified that Council had previously approved only the first $5,000 for the traffic study and therefore needed to formalize their approval for the entire amount—a total of $15,500, including the original $5,000. The Parsons invoice has already been paid (from engineering funds for boards and commissions). A Roll Call vote yielded four (4) affirmative votes (Councilmembers Bellman, Crais, and Lucier; Mayor Robertson) and two (2) negative votes (Councilmembers McGowan and Moore). Ordinance No. 09-01 is adopted.

Resolution No. 01-27, A Resolution To Amend The Village Of Granville Rules Of The Village. Councilmember Crais moved to remove the Resolution from the table. Second by Councilmember Lucier. Motion carried.

Discussion on Sections A and B: Section A: no comments. Section B: Discussion on #4 only (Attendance at Council Meetings). Councilmember Lucier stated she was at times uncomfortable with approving an excused absence for a member of Council when no one knew the reason for that absence. Councilmember Bellman stated he presumed all Coucilmembers to be responsible elected officials who would have good reason for being absent from a meeting. Mayor Robertson added that Council operates in a “climate of trust.” Councilmember Moore felt that councilmembers owe the voters an explanation if they don’t show up, and asked why Council would go through the motions of excusing an absence if trust is the basis. Councilmember McGowan clarified that the Charter requires simply that a member of Council attend “a majority of the meetings.” The following amendment to B.4. was suggested (to appear in a redline copy at the next meeting):

“Members of Council are expected to attend all meetings of the Council unless there is good and sufficient reason for their absence. Members who will be unable to attend a scheduled meeting shall should, if possible, inform the Mayor and/or the Clerk of Council of their anticipated absence. The presiding officer will announce all absences and, ordinarily, will state their reasons following the roll call of a meeting. The Council may, by official action, excuse the absent member(s) and such action will be entered in the Council meeting minutes. The Clerk shall keep a calendar of anticipated Council member absences to assist in scheduling meetings.” Councilmember Crais moved to re-table Resolution 01-27. Second by Councilmember McGowan. Motion carried.

[NOTE: The following resolution was moved forward from “Other” by Mayor Robertson.]

Resolution 01-38, A Resolution Requesting The Granville Village Exempted School Board To Prohibit The Use Of Pesticides And Herbicides On Land On Which The Board Plans To Construct An Intermediate Elementary School, (moved forward from “Other” by Mayor Robertson), was introduced by Councilmember Crais. Second by Councilmember Bellman.

Discussion: Councilmember Crais reported that the results of research by him on the chemicals to be used for farming on the school site show them to present health risks. He offered this resolution since 1) it is incumbent on Council to ensure a healthy environment and 2) the use of that land for organic farming could serve as a healthful experience for the school children and, done properly, enrich the wider community. He offered to provide the article cited to the School Board if they wished to see it.

Carol Goland, 843 Burg Street, stated that her senior capstone class in Environmental Studies at Denison has spent five months looking at issue of pesticide use in the schools with particular attention to the vulnerabilities of children. In spite of the fact that she encourages Integrated Pest Management (IPM)—preventing the pests in the first place but, if that won’t work, choosing least toxic methods of eradicating them—she expressed deep concerns about this resolution. Her opposition has to do with the issue of preserving farmland. She maintained that making farmers’ jobs more difficult was a much quicker way to lose farmland than development would be. She also expressed doubt that this resolution would be considered legal in light of both the Ohio Constitution and the Right to Farm laws.

Councilmember Lucier expressed concern about how the school board would perceive this resolution. Councilmember McGowan echoed that concern, then asked why the school was being singled out without addressing all other farmland that abuts parkland belonging to the Village. Councilmember Moore agreed about broadening the scope of the resolution, and asked about the Village’s use of pesticides/herbicides (i.e., do we have an ordinance about their use in the Village? are we prepared to ask all residents to stop using them?). Councilmember Bellman felt that regulating pesticides/herbicides was out of Council’s purview. Mayor Robertson, commenting that “there is more to this than the resolution is able to express,” thanked Councilmember Crais for raising the issue and said the Village needs to review its own practices in this area. She also asked Manager Hickman to share the data collected by both Councilmember Crais and Ms. Goland with the schools. Councilmember Crais stated that there was a “huge difference” between using a herbicide on the Broadway beds and using it in large quantities where children are present all day. He worries about discussions that go nowhere but felt it would have been irresponsible of him not to enter this resolution formally into the record. He added that he hoped the resolution would force the school board to look at these issues.

Councilmember Lucier suggested that a resolution is better at making a point than influencing thinking. She also suggested the Village might use the radon approach for this issue (i.e., increase citizens’ level of awareness about it by determining what the Village is doing and then disseminating the information to be a model of trying to do it better). Councilmember Moore suggested checking with the EPA about lawn and golf-courses herbicides. Mayor Robertson agreed that it was a good idea to move toward a policy, at the same time hoping that consideration of the issue will spill over to the schools. She also asked for information about how a community could ban any given pesticide/herbicide.

Councilmember Crais withdrew the resolution, then offered to serve on a committee with Mayor Robertson to explore this issue. She agreed.

[NOTE: At 9:06pm, Councilmember Crais was excused due to illness. Council took a break and reconvened at 9:13pm. Manager Hickman then asked that Council take advantage of Chief Cartnal’s presence to ask him any questions they might have.]

Chief Cartnal, speaking in response to stated concerns about the behaviors of Denison students “living” in the Pearl/Summit/Granger area, noted that the investigation re the car vandalized with a beer keg is continuing. Patrols had been beefed up in that area several weeks ago in response to increasing complaints, including adding officers on foot patrol. However, the noise and/or behavior prompting complaints has usually abated by the time officers arrive on the scene. The Chief emphasized that an officer cannot issue a citation if he/she doesn’t witness a violation. However, the person disturbed—and the neighbors, if they are willing—can file a complaint and serve as witnesses in court. Mayor Robertson asked that the officers “patrol extra carefully and quietly, and enforce the law when it needs to be enforced.” Councilmember McGowan cited an OSU code of conduct tied in with the University; Chief Cartnal reported that Granville does the same. Mayor Robertson reported that Denison applies penalties to students pleading guilty or being found guilty in Mayor’s Court. One of the penalties she imposes in Mayor’s Court, in an attempt to inform students of the rules in general, is for an offender to write a letter to the Denisonian laying out the penalties for certain offenses.

Chief Cartnal agreed to provide school-related calls and all race-related data to Council. Councilmember Moore asked the Chief if anything had jumped out at him from his own annual report. He responded that complaints had been at an all-time high (3,573), while incidents and arrests were down—the latter due to new officers being trained and the fact the, contrary to popular opinion, Denison students were behaving “far better than they used to.” Parking tickets were “significantly higher,” due to permit parking. He and Manager Hickman favor leaving the permit ordinance in effect year-round and will likely request Council to approve amending the language to do so. Chief Cartnal reported that the bike patrol is back in operation and the truck scale is now on the Department of Agriculture’s yearly rounds for inspection. Once the penalty section on tonight’s agenda is enacted, operations will begin in earnest. He will be bringing the first few cases into Mayor’s court to make sure everything is being done correctly. Finally, he reported that the officers have had middle-school “shadows” over the last two weeks.

[NOTE: Councilmember Bellman was excused at 9:26pm due to illness.]

Resolution No. 01-32, A Resolution To Appoint Members To The Granville Tree And Landscape Commission. [NOTE: This appears on this agenda in error. At the meeting of April 18, 2001, it was tabled until May 16, 2001.]

8. REVIEW AND APPROVAL OF MINUTES (9:38pm) Regularly Scheduled Meeting, 18 April 2001. Councilmember Moore requested three corrections: 1) page 2, discussion of Resolution 01-32 – the first two sentences should refer to Councilmember Lucier, not Councilmember Moore. 2) p. 3 – first word on the page should be Vice, not “voice.” 3) p. 4, last sentence of “Discussion:” – change Mayor “Moore” to Mayor Robertson. Councilmember McGowan moved to accept the Minutes, as amended. Second by Councilmember Lucier. Motion carried.

9. COMMITTEE REPORTS (9:43pm) Economic Development Committee (Councilmembers Crais, Moore; Mayor Robertson) Councilmember Moore reported that the committee had had a good meeting with some of the property-owners on Cherry Valley Road. The Committee also met with a representative of Downtown Ohio, Inc. Details will be provided to Council at its next regularly scheduled meeting.

Finance Liaison (Councilmember Moore) No report. Newark-Granville Committee (Councilmember Bellman, Mayor Robertson) No report.

Personnel Committee (Councilmember McGowan) No report.

Planning Commission (Councilmember Lucier) Councilmember Lucier reported the commission is working on the Heritage Overlay District, including recommended changes in the Code as a follow-up to design work done a while ago. They are finding, however, that commission rules are inhibiting the discussion (i.e., the conduct of “everyday business ” takes up so much time that special discussions are hard to schedule and complete).

Recreation Commission (Councilmember McGowan) Councilmember McGowan reported that the dedication for Raccoon Park is set for Monday, May 7th. The National Anthem will be sung at 6:30pm—the first use of the new flagpole.

Streetlight Committee (Councilmember McGowan) Councilmember McGowan reported that most of the new lights have been installed.

Streets/Sidewalks/Utilities Committee (Councilmembers Bellman and Crais, Vice Mayor Wernet) No report.

Tree & Landscape Committee (Councilmember Moore) Councilmember Moore reported, tongue in cheek, that the Committee needs new members (see Resolution 01-32).

Union Cemetery Board (Councilmember Lucier). No report.

10. OTHER (9:47pm) Resolution No. 01-39, A Resolution To Authorize The Village Manager To Enter Into Negotiations For The Sale Of Water To Kendal Corporation, was not formally introduced. Mayor Robertson stated that she and Vice Mayor Wernet simply wanted everyone to think about it over the next two weeks before it is formally introduced on May 16th. Councilmember McGowan stated that track-coaching commitments may keep him from attending that meeting but he is in favor of this proposal (as he was in favor of selling water to the school). He anticipates that community questions about private versus public water-access issues will be raised. Mayor Robertson responded that she believes the two situations are different and will lay out her reasons in two weeks. Responding to Councilmember Moore’s request for clarification as to whether or not this was being done at Kendal’s request, Mayor Robertson said that some conversations have taken place and Kendal is aware of this resolution but has not formally requested water service to date. Part of her intent in introducing it is to say “welcome to the community” to Kendal. Mayor Robertson asked Manager Hickman for a report on the county bus service. He responded that they are pleased and have anywhere from 3-6 people on a regular basis. They have also proposed a shuttle-bus service for July 4th. Manager Hickman will pass the information along to Kiwanis so they can decide what to do.

 11. MEETING ANNOUNCEMENTS (9:50pm) May 6, 2001 – Comprehensive Plan Review Committee (7:30pm) May 16, 2001 – Village Council Meeting (7:30pm)

12. ADJOURNMENT Councilmember McGowan moved to adjourn the meeting at 9:52pm. Second by Councilmember Lucier. Meeting adjourned.

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