Granville Community Calendar

Council Minutes 6/20/01

 VILLAGE OF GRANVILLE COUNCIL MEETING MINUTES June 20, 2001 

 CALL TO ORDER (by Mayor Robertson at 7:31pm)

ROLL CALL (7:31pm) Those responding to the Roll Call were Councilmembers Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson; Manager Hickman, Law Director Crites. Councilmember McGowan moved to excuse Councilmember Crais, who was out of town; second by Vice Mayor Wernet. Motion carried. Councilmember Bellman arrived at 7:34pm.

CITIZENS’ COMMENTS (7:32pm) All Topics - None Mayor Robertson closed Citizens’ Comments at 7:32pm.

PUBLIC HEARINGS (7:33pm) Ordinance No. 15-01, An Ordinance To Amend Section 351.17 (a) Of The Granville Codified Ordinances, Making The 100 Block of W. College Street A Residential Permit Parking Zone And Making The Ordinance Effective All Year Long. No one appeared to speak for or against the Ordinance. Mayor Robertson closed the Public Hearing at 7:33pm.

Ordinance No. 16-01, 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. Mayor Robertson closed the Public Hearing at 7:34pm.

Ordinance 17-01, An Ordinance To Amend Chapter 1189 Of The Codified Ordinances Of Granville, Ohio. No one appeared to speak for or against the Ordinance. Mayor Robertson closed the Public Hearing at 7:34pm.

Ordinance No. 18-01, 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. Mayor Robertson closed the Public Hearing at 7:34pm.

2001 County Tax Budget. No one appeared to speak for or against the Budget. Mayor Robertson closed the Public Hearing at 7:35pm.

OLD BUSINESS (7:35pm) Ordinance No. 15-01, An Ordinance To Amend Section 351.17 (a) Of The Granville Codified Ordinances, Making The 100 Block of W. College Street A Residential Permit Parking Zone And Making The Ordinance Effective All Year Long, was re-introduced by Vice Mayor Wernet. Second by Councilmember Bellman. Discussion: Manager Hickman clarified that three of the four residents on the block in question are interested in having this Ordinance adopted; the fourth has not offered an opinion. Mayor Robertson felt that unless the residents were strongly in favor of this, it would periodically cause problems in connection with Denison downhill events as well as with the temporary parking problems due to the uphill construction. Manager Hickman offered to table the ordinance and ask the concerned families to come in and speak to Council. Vice Mayor Wernet moved to table the ordinance; second by Councilmember Bellman. Motion-to-table passed.

Ordinance No. 16-01, 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 Councilmember Bellman. Second by Councilmember McGowan. A Roll-Call vote yielded six (6) affirmative votes (Councilmembers Bellman, Lucier, McGowan, and Moore; Vice Mayor Wernet, and Mayor Robertson). Ordinance No. 16-01 is adopted.

Ordinance 17-01, An Ordinance To Amend Chapter 1189 Of The Codified Ordinances Of Granville, Ohio, was re-introduced by Vice Mayor Wernet. Second by Councilmember Bellman.

Discussion: Manager Hickman clarified that this refers to the sign code. Keith Myers, speaking on behalf of the Planning Commission, noted that they had decided to review the sign code in light of the fact that they found themselves continually granting variances. The rewrite is intended to make the code more responsive to the types of applications they generally see (or would like to see). One concern is signage in the Village Center, where the current code was molded around signage already in place and considered appropriate. Outside the Village Center, where there is more of a highway orientation, they determined that signs larger than the existing 10-square-feet maximum were justified. Councilmember Moore asked if there was anything in writing that identified the differences from the existing code. Mr. Myers said there was not, then cited the two changes: an increase in the 10-square-feet maximum and the three-sign maximum. Responding to questions from Councilmembers Moore and McGowan, Mr. Myers said: 1) existing non-conforming signs will be grandfathered. Repairs and painting of any grandfathered sign are permitted but any “substantial” changes would have to conform to the new code; 2) the specified dates for holiday lights and decorations with no commercial message will be changed to read “no more than two months” if legal review determines that such a change is advisable. Vice Mayor Wernet moved to table the Ordinance until legal review is completed. Second by Councilmember McGowan. Motion-to-table carried.

Ordinance No. 18-01, 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 Vice Mayor Wernet. Second by Councilmember Bellman.

Discussion: Councilmember Lucier asked Manager Hickman to confirm that the changes requested reflect the opinion of the Streets & Sidewalks Committee. They do. Manager Hickman added that he is considering a trial installation of a “traffic-calming device” (speed table) on Cedar Street since funds are already appropriated for that area and the stop signs at either end of the block are not effectively controlling speeds. The speed table would be red-dyed asphalt imprinted with a brick pattern, raised 3” above the pavement, with signage. Responding to Councilmember Moore’s question, Manager Hickman said the speed tables cost approximately $15,000 each. If the Cedar Street speed table works, three would be installed on Granger Street as part of the scheduled construction (though it would require a separate appropriation request). If it’s not effective, it can be removed. Councilmember McGowan asked how we would handle other residents’ requests for speed tables on their streets. All agreed that they would be dealt with as part of scheduled construction projects. In the interim, staggered parking could be used as an alternate speed- control method. Councilmember Moore asked for clarification of the area on North Pearl Street. Manager Hickman responded that it would run from the crosswalk at Broadway to College Street (straight curb with a slightly rounded edge, as opposed to curb-and-gutter). A detailed discussion of curb design at the Pearl/College intersection followed, with particular emphasis on whether to use a 5-foot or a 15- foot radius on the sidewalks. Councilmembers Moore and McGowan asked that public input be sought. Manager Hickman said there have been meetings and the neighbors have been informed. Mayor Robertson asked that the Portland document be distributed to Councilmembers. Law Director Crites suggested including the following language: “The Granville Streets & Sidewalks Committee will continue to monitor the project and make adjustments as necessary.” Vice Mayor Wernet so moved; second by Councilmember Bellman. Motion-to- amend carried.

A Roll-Call vote yielded six (6) affirmative votes (Councilmembers Bellman, Lucier, McGowan, and Moore; Vice Mayor Wernet, and Mayor Robertson). Ordinance No. 18-01 is adopted.

Public Use Fees – Discussion Council discussed a letter received from Catherine Smith, objecting to the Public-Use fee included on their invoice from Southgate Development. (The Smiths felt they were being “penalized” for wanting to move into a more accessible dwelling.”) Councilmember Lucier felt the public- use feel was a cost of building a house in this community and was charged to everyone. Councilmember McGowan agreed, likening it to a tap fee for a new house. Vice Mayor Wernet added that the fee is intended to provide money for the infrastructure in a development. Councilmember McGowan asked what other communities do; Manager Hickman responded that, to his knowledge, most other communities don’t have this fee. Councilmember Lucier thought the fee was “very consistent” with Granville’s commitment to restricting development and encouraging open space. She added that we citizens tax ourselves for these issues, in the public good; the choice for any buyer is whether or not it is worth it to live here.

NEW BUSINESS (8:50pm) Resolution No. 01-42, A Resolution To Adopt The 2002 County Tax Budget As Proposed And To Direct The Village Manager To Submit It To The County Auditor, was introduced by Vice Mayor Wernet. Second by Councilmember McGowan. Motion carried.

Resolution No. 01-43, A Resolution To Authorize The Village Manager To Enter Into A Contract With Acordia For Property, Casualty, And Liability Insurance For The Period Of July 1, 2001 To June 30, 2004, was introduced by Councilmember Bellman. Second by Vice Mayor Wernet. Discussion: Molly Roberts reported that Acordia has a very good reputation and the insurance premium has been reduced by $12,000. Motion carried.

Resolution 01-44, A Resolution To Award The Bid For Sunrise Street Improvements, Per Specifications, To Columbus Asphalt Paving, Inc., And To Authorize The Village Manager To Enter Into An Agreement Therefore, was introduced by Councilmember McGowan. Second by Vice Mayor Wernet. Councilmember Bellman moved to amend to resolution by adding, “Section III: Be it further noted that the Granville Streets & Sidewalks Committee will further monitor the project and make adjustments as necessary.” Second by Councilmember McGowan. Councilmember Bellman noted that Council will not need to discuss this again unless a major change is contemplated. Motion-to-amend carried. Motion-as-amended carried.

Resolution 01-45, A Resolution To Award The Bid For Street Improvements Including E. College Street, Granger Street, N. Pearl Street, And The College/Pearl Intersection, Per Specifications, To Layton Companies, Inc., And To Authorize The Village Manager To Enter Into An Agreement Therefore, was introduced by Councilmember Bellman. Second by Councilmember Lucier. Councilmember Bellman moved to amend to resolution by adding, “Section III: Be it further noted that the Granville Streets & Sidewalks Committee will further monitor the project and make adjustments as necessary.” Second by Councilmember McGowan. Motion-to- amend carried. Motion-as-amended carried.

Resolution No. 01-46, A Resolution To Authorize The Village Manager To Accept The Ohio Public Works Commission Grant For The Clear Run Culvert Replacement Project, was introduced by Vice Mayor Wernet. Second by Councilmember Moore. Vice Mayor Wernet complimented staff on getting this grant. Councilmember McGowan expressed concern about emergency-vehicle access during construction. Manager Hickman responded that mutual aid would help us cover while the road is closed. Motion carried.

Resolution No. 01-47, A Resolution To Authorize The Village Manager To Seek Bids For Clear Run Culvert Replacement, was introduced by Vice Mayor Wernet. Second by Councilmember McGowan. Motion carried.

Resolution No. 01-48, A Resolution To Authorize The Village Manager To Enter Into A Contract With Human Resource Solutions For An Organization & Compensation Study, was introduced by Councilmember Lucier. Second by Councilmember McGowan. Councilmember Lucier reported that she had reviewed both proposals received on time; the winning bid was approximately $10,600. She then met with Manager Hickman and Molly Roberts, determining that there will be an initial meeting with staff, attended by Councilmembers Lucier and McGowan, to confer with the consultant about our goals in this organizational overview. If that meeting reveals that we want more than Human Resource Solutions based their bid on, the group will so inform Council. Councilmember McGowan added that the meeting would be open to the public and would also include Mayor Robertson and Vice Mayor Wernet (also members of the Personnel Committee). Councilmember Lucier reported that the consultant wants to start by July 1st and finish by August 10th. Motion carried.

MAYOR’S COURT REPORT (9:14pm) The Mayor’s Court Report for the month of May 2001 was presented for review. Vice Mayor Wernet moved to accept the report; second by Councilmember McGowan. Motion carried. Mayor Robertson directed the report be filed with the Clerk. A copy of said report is attached as part of these minutes.

MANAGER’S REPORT (9:14pm) The Manager’s Report for the month of May was presented for review. Vice Mayor Wernet moved to accept the report; second by Councilmember Bellman. Councilmember Lucier questioned low level of increase in income tax revenues. Manager Hickman will verify the numbers and, at Councilmember Lucier’s request, put the item on the agenda for the next meeting. Councilmember Moore will meet with Ms. Roberts and report back as well. Motion carried. Mayor Robertson 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 (9:16pm) Regularly Scheduled Meeting of May 16, 2001. The following additions/corrections were requested: 1) Mayor Robertson, p. 7, 1st paragraph – “Now, the Ohio Supreme Court has ruled the process is legislative so we need to back out revise the appeal procedures….”; 2) “…not consistent with the Ohio Supreme Court, and would risk the Village’s ending up in litigation for not complying.” Councilmember Moore moved to accept the Minutes as amended; second by Councilmember McGowan. Motion carried. 

Regularly Scheduled Meeting of June 6, 2001. The following additions/corrections were requested: 1) Councilmember Bellman, p. 8, 1st sentence – “Council took a brief recess and reconvened the regular meeting at 9:21pm….” Vice Mayor Wernet moved to accept the Minutes as amended; second by Councilmember Bellman. Motion carried.

COMMITTEE REPORTS (9:20pm) Economic Development Committee (Councilmembers Crais, Moore; Mayor Robertson) No report.

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 had had its fourth work session with Dan Rogers about his garage. While the Commission gave Mr. Rogers “encouraging words” about architectural modifications in the plan, they also asked Councilmember Lucier to see if there might be any legal recourse (e.g., a fine or other appropriate negative impact) for his failure to follow the original plan. Councilmember Lucier noted that the Commission wants closure on this issue but is also concerned that a precedent not be established—of applicants failing to comply then, in the end, getting “pretty much what they wanted.” The Commission doesn’t want Mr. Rogers to have to tear down the garage but, as stated, feels there should be some negative consequence to his (or any applicant’s) actions. Law Director Crites reported that he has had some discussions (and will continue to do so) with Seth Dorman. Councilmember McGowan noted that the pool house now under construction on College Street may be a similar situation. Manager Hickman reported that staff is keeping a close eye on both situations. Both applicants are complying with process and inspection requirements but neighbors in both areas still have concerns.

Constance Barsky (221 East Elm Street) confirmed that the “word on the street” in Granville is that if you hold out long enough you get your way (i.e., build what you want because the Village won’t make you do anything about it). She maintained that the issue of whether or not there should be a fine should have been dealt with long ago, and added that she was concerned that this practice— which “flies in the face” of citizens who are reasonable about complying with regulations and, in fact, puts them at a disadvantage—was still taking up Village Council and Planning Commission time.

Vice Mayor Wernet concurred, adding that other communities would take violators to court and/or compel them to tear down the non-conforming structure. He also noted that developers are watching what the Village does. Mayor Robertson asked if there were, in fact, any legal provisions for levying fines. Manager Hickman responded that, at least in the case of the Rogers garage, Seth Dorman is the third planner to be involved and something is lost in the transition each time. He noted that, while the Village has never been timid about lawsuits, we were trying to let this issue work itself out through the Planning Commission in lieu of going into a court where someone else would decide what could or could not be built in Granville. Delays have complicated the process, however. Now, Staff intends to have Mr. Dorman and Law Director Crites work directly with the Planning Commission and the BZBA so both bodies can make the best decisions for this circumstance. He will report back on possible penalties. Councilmember Lucier reported that one of the Planning Commission’s major frustrations is that they feel they should not be the enforcer. She requested that Council schedule a time in August to take an in-depth look at how this process works. She would like to ensure ongoing inspections and investigate the system of fines (i.e., are they so large we are reluctant to levy them? are they daily? when do they kick in?). She also asked how a suit would go to municipal court. Manager Hickman responded that the Village would cite someone in Mayor’s Court, which would levy a fine, if appropriate. The defendant could then request a transfer to municipal court, which would decide if the citation itself were appropriate. He was unsure if municipal court might or might not be able to approve continued building. Councilmember Lucier expressed concern that, as things stand now, the Planning Commission never gets an acknowledgement that an error has been made. Rather, they end up feeling harassed by the community. Councilmember McGowan suggested researching what other communities do.

Rec Commission (Councilmember McGowan) Councilmember McGowan noted that Raccoon Park is getting lots of use. Plans are getting underway for the Raccoon Park Bridge, to connect the park to the bike trail. Jim Riddle has found yet another old bridge and the Commission has hopes of completing the project before the end of the summer.

Streetlight Committee (Councilmember McGowan) Councilmember McGowan reported a light installed on Cedar Street, six replacements still to go this year, and 25 scheduled for next summer.

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

Tree & Landscape Committee (Councilmember Moore) Councilmember Moore reported that plantings had been approved for Taylor’s and Knucklehead’s. The Village is looking for a replacement for the existing “holiday” tree. Manager Hickman asked that the Committee itemize what they do so Council can discuss it.

Union Cemetery Board (Councilmember Lucier) Councilmember Lucier noted they are still looking for an auditor. Strategic Land Acquisition (Councilmembers Bellman and Moore) No report (though they will meet once everyone has returned from vacation).

JEDD (Vice Mayor Wernet) Vice Mayor Wernet reported that the combined Village/Township group had had its first meeting with all members present. He and Trustee Jim Havens asked Jim Murr and Jim Jump to construct an outline of the process of determining what options might make sense and what additional resources (i.e., committee members) might be needed.

Charter Review Commission (Manager Hickman) Manager Hickman reported that the Commission should have a report to Council by July 1st. “Considerable time” will be set aside at the regularly scheduled meeting of July 18th. Mayor Robertson noted that the Council’s review needs to be wrapped up by approximately August 20th so the issue can go on the ballot.

OTHER (9:47pm) Resolution No. 01-27 remained on the table. Manager Hickman was asked to distribute copies of Sections E and F for the next meeting.

4th of July Parade. Council will participate, probably walking (but maybe riding). Either way, there will be sign (s) so everyone can identify them. Manager Hickman is to contact Kiwanis with the list of names so they can be read from the reviewing stand.

Constance Barsky (221 East Elm Street). Ms. Barsky thanked all members of Council for giving of their time to serve the community, then encouraged them to seriously consider a number of negative perceptions about Council. She first addressed external and internal communications, suggesting that internal documents to and from members and/or committees should be conveyed in a timely manner. She then proposed more control during meetings, citing the frequency of “side conversations” that distract members and citizens from the point(s) being made. She compared Council’s meetings to those of the Township Trustees, remarking that most citizens simply notice that the Trustees’ meeting run more quickly and more smoothly, without understanding why. She urged “smoother communications” with both Village and Township residents. Finally, she encouraged Council to engage in some team-building work that would include producing a written vision/mission statement for each year (or two-year) period.

EXECUTIVE SESSION (10:00pm) Vice Mayor Wernet moved to go into Executive Session for the purpose of discussing possible acquisition(s) of land. Second by Councilmember Bellman. A Roll Call vote yielded six (6) affirmative votes: Councilmembers Bellman, Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson.

At 10:49pm, Councilmember McGowan moved to return to the regular session; second by Vice Mayor Wernet. A Roll Call vote yielded six (6) affirmative votes: Councilmembers Bellman, Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson.

MEETING ANNOUNCEMENTS (10:49pm) 1. June 25, 2001 – Planning Commission (7:30pm) 2. June 26, 2001 – Charter Review Commission (7:30pm) 3. June 26, 2001 – Granville Land Conservancy, w/ Lee and Kathy Larsen (7:30pm) 4. July 04, 2001 – Village Council (meeting cancelled) 5. July 23, 2001 – BZBA (7:00pm) 6. July 18, 2001 – Village Council (7:30pm)

ADJOURNMENT (10:50pm) Councilmember Lucier moved to adjourn the meeting; second by Vice Mayor Wernet. Motion carried.

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