Granville Community Calendar

Council Minutes 8/1/01

VILLAGE OF GRANVILLE COUNCIL MEETING MINUTES August 1, 2001 

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

ROLL CALL (7:31pm) Those responding to the Roll Call were Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet and Mayor Robertson; Manager Hickman, Law Director Crites.

Mayor Robertson amended the Agenda to add “c. Kendal” under Citizens’ Comments, having learned that Kendal had received word they would be on tonight’s agenda.

CITIZENS’ COMMENTS (Mayor Robertson opened Citizens’ Comments at 7:32pm) All Topics - Joanne Morey, 326 E. College Street. Mrs. Morey expressed concern about issues surrounding the construction of a fence on one’s property line. She suggested that Council review the code since these questions do not constitute a “neighbor issue” and she shouldn’t have to be the “bad guy.” She also objected to the lack of secure fencing around the swimming pool on her neighbor’s yard. Mayor Robertson asked Manager Hickman to look into the matter.

Rochelle Steinberg, 425 E. College Street. Mrs. Steinberg notified Council she had given a petition to Manager Hickman on behalf of the residents on East College Street, between Prospect Street and Newark Granville Road. They are requesting a speed table on East College to help manage speeding in that area. They are also concerned about children exit the elementary school via Sunrise Street and don’t pay attention to College Street traffic. Mayor Robertson suggested that Mrs. Steinberg convey her concerns to the School Board. Vice Mayor Wernet assured her that East College is already being discussed as a possible speed- table site.

Jo Carey-Carlisle, 424 E. College Street. Ms. Carlisle agreed that a speed table would greatly help in slowing cars from the 35mph limit on Granville Road to the 25mph limit on College Street. Councilmember Crais referred Ms. Carlisle to the copies of documents on this topic previously provided by Vice Mayor Wernet, available at the front desk. Steve Contini, 210 Sunrise Street. Mr. Contini asked about feedback on the Cedar Street speed table. Manager Hickman, noting that it was more of a bump than a table, said it does slow people down and will be reworked into a table as quickly as possible. A determination of its effectiveness will be made in time to meet the Granger/ College improvement schedule.

Survey Committee Update – Bob Malcuit [Note: Councilmember Crais recused himself from the discussion due to a professional relationship with Mr. Harmon.]

Mr. Malcuit read the first three paragraphs of the committee’s report, describing Phase I. He noted that Phase II has not yet been reviewed by all the members of the committee, is not yet ready for public consumption, and will be revisited at a later date. The “golden spike” to start Phase I will be positioned at Broadway and Main. They expect to have placed approximately 35 “monuments” (pins) by the end of the project. The estimated cost is approximately $250/monument for surveying, plus the purchase of the monuments and the labor to dig the holes ($8,750 for surveying, $100 for each monument, and $12,000- 15,000 in labor). Positioning will be determined by GPS/GIS data, to be as accurate as possible. Mr. Malcuit noted that the committee has elected to start from a “created center” at Broadway and Main since there is no way to determine where any original pins were located. Attorney Rob Drake confirmed that there are no original markers and said that Phase I would, at the least, tell us how big the original village was. At this point, we don’t even know if all the blocks are the same size.

Looking forward to Phase II (a re-plat of individual lots), Councilmember McGowan asked how we would deal with uncooperative landowners. Mr. Malcuit responded that they will try for 100% participation on each block and Mr. Drake added that a new plat would be filed if all parties agree. If they don’t, it won’t. In any case, we would have established correct parameters, even though the Village can’t change them unilaterally. Mr. Malcuit noted that the project is confined to the historical center of the Village, platted in 1805, since lot lines and lot sizes are not a problem anywhere else. He concluded his report by asking Council to consider funding Phase I.

Ben Spencer, 317 East College. Mr. Spencer asked Mr. Drake what the benefit of this would be. Mr. Drake responded that property owners would have fewer problems selling property if everyone know the size of the blocks.

Mayor Robertson asked this to be put on a “near-future” agenda for consideration and suggested that questions be directed to Manager Hickman.

Kendal Attorney Rob Drake explained that August 1 is a critical financing deadline for Kendal. To obtain financing as a non- profit, they must demonstrate 70% pre-sold units and they can’t write contracts or set prices without being able to set costs. Mayor Robertson noted that this item will be on the agenda of next week’s joint meeting of Council and the Township Trustees. Councilmember McGowan asked Mr. Drake if Kendal could provide their own water cheaper than getting it from the Village. Mr. Drake said they could but the Kendal Board preferred to get Village water.

[A detailed discussion followed on timing constraints, the desirability of a resolution vs. an ordinance, and the scope of the precise issue(s) to be voted on. Mr. Drake clarified that Kendal needs a yes or no vote on both water service and the cost of such service. It was determined by Law Director Crites that regular business could be conducted after the special meeting on August 8th as long as it was so noted in the meeting notices. That being the case, an ordinance could be introduced on August 8th and voted on August 22nd. Councilmember Lucier moved to amend the agenda to include “Kendal” under New Business so it could be discussed at this meeting. Second by Vice Mayor Wernet. Motion carried. Councilmember Lucier apologized to those present for the delay in Citizens’ Comments while Council discussed process. Mayor Robertson resumed the Comments portion of the agenda.]

Richard Mahard, 115 West Elm Street. Mr. Mahard urged Council to approve Kendal’s request for water & sewer without annexation, citing the precedents of Owens Corning and Alexandria. He also noted that Kendal as a development is quite different from housing development, with none of the negatives of the latter.

Jim Gordon, 732 Mt. Parnassus (Kendal Board of Trustees). Mr. Gordon emphasized that Kendal’s presence would enable area residents who have previously contributed greatly to the welfare of the community (by service on numerous boards, foundations, and clubs) to continue to do so in a significant way. He stated that an affirmative vote by Council would have economic and symbolic significance to such residents (i.e., “We want you. We value what you have done and will do.”).

Jeanette Drake, 222 N. Pearl Street. Mrs. Drake, speaking for “just folks,” said she would appreciate Council’s support to show that the Village is behind Kendal.

Eloise DeZwarte, 338 E. College Street. Ms. DeZwarte stated she wants “to keep all these people here in Granville and have them continue working for the community.”

William Hoffman, 508 W. College Street. Mr. Hoffman echoed support expressed for a positive vote on granting water & sewer.

Phil Stukus, 109 Chapin Place. Mr. Stukus, noting that he had been in Granville for 30 years and wants to retire here, urged extension. Trudy Knox, 168 Wildwood Drive. Ms. Knox emphasized that Kendal is really about people and that Council was costing her money with their delays.

Paul Treece, 15 Louise Drive (Kendal Board of Trustees). Mr. Treece emphasized that moving ahead rapidly is critical to the success of the Kendal project.

Bill Brodie, 518 Burg Street. Mr. Brodie stated, that just like Kendal at Ithaca, we might well have some high-profile residents who would then enhance the community. He also reiterated that time is of the essence.

Teddy Westlake, 532 West Broadway. Mrs. Westlake asked how the Village could be willing to help other communities in need and not “local enterprises?”

Jack Heller, 542 Mt. Parnassus (Kendal Board of Trustees). Mr. Heller noted that the Kendal plan follows the atmosphere of downtown Granville and reminded Council that they “urgently need a decision.” The “false start” cost time, money, and people and the project must now move ahead— meaning they need a water decision. Kitty Consolo, 18 Samson Place. Ms. Consolo expressed support Kendal and the Village selling water to Kendal. Mayor Robertson thanked all speakers for their time and interest and noted that Council is trying to determine the best and fastest way to conclude this.

Mayor Robertson closed Citizen’s Comments at 8:52 pm. 

NEW BUSINESS (8:52pm) Kendal Councilmember Bellman reviewed previous discussions of sewer pricing, JEDD taxing, greenspace preservation, and estate tax issues. It was noted that a JEDD might preclude extending sewer while a CEDA would not. Manager Hickman clarified that Kendal would build, then own, the 8" line that comes off the existing 12” line; they would also install the meter, which the Village would own. The issue of a tap fee was raised. Based on the existing Village schedule, a fee for an 8” line would be approximately $150,000. There was some discussion of a water rate (e.g., no higher than the maximum we charged non-Village residents and no lower than the Alexandria rate). Mr. Drake indicated that he had only discussed what the multiplier would be, not the specific rate. Kendal has proposed the rate be set at the same level as Village residents pay. Councilmember Bellman suggested other multipliers might apply if a JEDD- like concept were implemented. Councilmember Crais said it would be helpful if Council could hear a bit more from Kendal at the next meeting re their position on the JEDD concept and its ramifications. Mayor Robertson clarified that there are really two issues at hand—water and the JEDD/CEDA discussions. While the latter is to be discussed at next week’s special meeting, the former could be discussed tonight. She noted that a multiplier between 1.0 and 2.0 was on the table and asked members of Council for their positions. Councilmember Bellman emphasized his concern that the Village needs income tax from Kendal residents for its general fund, noting that Village residents are “double-taxed” by paying Village and Township taxes. He urged Council to define a “bright line”—a clear situation where we would or would not extend water service— which would then allow Council to say “yes” to some requests for water and “no” to others. He maintained than an increased premium (i.e., multiplier) is not enough of a requirement to supply water. An applicant should therefore be required to participate in a JEDD/CEDA to receive water service. He urged that we have some understanding with the Township about whether they plan to use estate tax money for green space. His position is that he would agree to a lower multiplier, or no multiplier, if there is income-tax money coming in. Vice Mayor Wernet agreed that it made sense to have a lower rate for a JEDD/CEDA area. He added that he would not extend sewer without a JEDD but would do so with water, depending on the situation (e.g., the nature of the organization, the nature of land, whether it is zoned for intense use or surrounded by properties which are permanently open-space, currently industrial, or projected to be industrial). He urged Council to “aggressively pursue” a JEDD/CEDA. Councilmember Crais stated he was comfortable with a 1.33 multiplier. If, however, there were an agreement like a CEDA/JEDD, he would—in principle—be willing to reduce the rate to 1.0 multiplier. He added that the sewer issue raises a different set of issues. Mayor Robertson agreed philosophically that a JEDD/CEDA is a good idea and that the 1.33 multiplier was a good level if no JEDD/CEDA were formed. She pointed out that 1.33 is the Alexandria rate, though, and thought the Kendal rate should be lower—something between 1.0 and 1.33. Councilmember Crais stated that he needed to know Kendal’s stance on a CEDA/JEDD before he could make any decisions (i.e., if they were “vehemently opposed,” it would give him pause). Councilmember McGowan concurred, stating that since there were so many variables, he wanted to see it all in writing before setting a final figure. Manager Hickman, responding to Councilmember McGowan’s question about sewer rates, stated that there are no non-Village agreements for sewer service. Mr. Drake added that Kendal has not requested sewer. Councilmember Bellman estimated it would cost $500,000-600,000 to extend sewer lines to Kendal. Their residents would pay 1% income tax and the entire tax base could be extended by partnering with the Township without annexation. If no agreements exist with the Township, the Village would provide all governmental services (e.g., roads, police, fire, water & sewer) while the Township collected all the taxes. He reiterated his stand that the Village should have a fair share of the tax revenues. Councilmember Moore reminded everyone that since we would be making an exception to our stated policy of not extending water and sewer without annexation, we would need to get something more than the normal rate. She would therefore support a multiplier of less than 2 but more than 1. She added, however, that the existence of a JEDD/CEDA as an additional source of funding would affect her stance (i.e., the more the funding, the lower the multiplier). Mayor Robertson instructed Manager Hickman to make any necessary corrections and forward the draft to Kendal, deleting any reference to a set multiplier. Councilmember McGowan suggested that language be included to specify whether or not Kendal could transfer their water and sewer rights to another entity. Councilmember Bellman asked that we also add something about zoning requirements as to densities and setbacks. Mayor Robertson concluded the discussion, noting it will continue at next week’s meeting.

Council took a five-minute recess at 9:26pm.

Charter Review Discussion (9:31pm) Jim Jump, 143 Thresher Street. Mr. Jump commended Council on their appointments and the commission members themselves on their faithful, diligent, and serious work. He referred Council to the written report, noting that while the Review Commission had not discerned any urgent problems, they did want to raise some philosophical issues that, because of ballot considerations, had critical deadlines. He emphasized that the theme running through many of the suggested changes reflect favoring the rights of ordinary citizens against those of powerful vested interests. The consensus of Council was to introduce the Charter Review suggestions as ordinances at this meeting so they could be voted on at the August 15th meeting. Mr. Jump strongly suggested that the recommendations be considered individually. He also noted that, even if the deadline for appearing on the November 2001 ballot were missed, the recommendations wouldn’t necessarily be moot.

Ordinance No. 20-01, An Ordinance To Amend Section 2.08 Of The Village Charter To Enhance Council’s Ability To Regulate Real Estate And Promote Moderately Priced Housing Within The Municipality, was introduced by Councilmember Crais. Second by Councilmember McGowan. Mayor Robertson set the Public Hearing for August 15, 2001.

Ordinance No. 21-01, An Ordinance To Amend Section 4.04 Of The Village Charter To Require That The Finance Director, Law Director, Safety Director, and Service Director Be Appointed By The Village Manager With The Advice And Consent Of Council, was introduced by Councilmember Crais. Second by Vice Mayor Wernet. Mayor Robertson set the Public Hearing for August 15, 2001.

Ordinance No. 22-01, An Ordinance To Amend Sections 2.09 And 2.11 Of The Village Charter To Require Council To Periodically Update Its Rules And Make Them Available To New Members And The Public, To Require Uniform Referral, Voting, and Reporting Of Legislation By Committees Of Council, To Require Such Committees To Keep Minutes Which Are Public Records, And To Provide That Municipal Residents And Property Owners May Serve On Committees, But That Only Membes Of Council May Vote, was introduced by Councilmember Crais. Second by Councilmember Bellman. Mayor Robertson set the Public Hearing for August 15, 2001.

Ordinance No. 23-01, An Ordinance To Amend Sections 3.07 And 3.08 Of The Village Charter To Revise Initiative And Referendum Procedures, was introduced by Councilmember Crais. Second by Councilmember Bellman. Mayor Robertson set the Public Hearing for August 15, 2001.

Ordinance No. 24-01, An Ordinance To Amend Section 5.05 Of The Village Charter To Increase The Threshold At Which Competitive Bidding Is Required For Supplies Materials, And Equipment From Ten To Fifteen Thousand Dollars, was introduced by Councilmember Crais. Second by Councilmember Bellman. Mayor Robertson set the Public Hearing for August 15, 2001.

Ordinance No. 25-01, An Ordinance To Amend Section 8.01 Of The Village Charter To Make The Board Of Education’s Representative On The Planning Commission An Ex-Officio, Non-Voting Member, was introduced by Councilmember Crais. Second by Councilmember Lucier. Mayor Robertson set the Public Hearing for August 15, 2001.

Ordinance No. 26-01, An Ordinance To Amend Section 10.04 Of The Village Charter To Update The Fair-Employment-Practices Provision, was introduced by Councilmember Crais. Second by Councilmember Moore. Mayor Robertson set the Public Hearing for August 15, 2001.

Ordinance No. 27-01, An Ordinance To Amend Section 10.11 Of The Village Charter To Require Council to Submit Charter Amendments Proposed By The Charter Review Commission To The Electors On A Two-Thirds Vote Of Approval, was introduced by Councilmember Crais. Second by Vice Mayor Wernet. Mayor Robertson set the Public Hearing for August 15, 2001.

Ordinance No. 28-01, An Ordinance To Amend Sections 1.03, 1.04, 2.01, 2.02, 2.03, 2.05, 2.08, 2.09, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15, 3.11, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 5.02, 6.01, 6.02, 6.10, 6.11, 9.05, And 10.01 Of The Village Charter To Make References To Persons Throughout The Charter Gender-Neutral And To Make Other, Non- Substantive Language Changes For Clarity And Uniformity Of Expression, was introduced by Councilmember Crais. Second by Vice Mayor Wernet. Mayor Robertson set the Public Hearing for August 15, 2001.

EXECUTIVE SESSION At 10:04pm, Councilmember Crais moved to modify the agenda to enter into Executive Session for the purpose of discussing land acquisition. Second by Councilmember Lucier. A Roll Call vote yielded seven (7) affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson.

At 11:00pm, Councilmember Crais moved to conclude the Executive Session. Second by Councilmember Lucier. A Roll Call vote yielded seven (7) affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson.

[Councilmember Bellman left the meeting at 11:00pm.)

NEW BUSINESS (continued at 11:01pm) Strategic Land Acquisition/Smart Development Committee. A vote by secret ballot resulted in Councilmember Crais being appointed as chair of the Committee.

PUBLIC HEARINGS (11:06pm) Ordinance No. 19-01, 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 10:06pm

OLD BUSINESS (11:06pm) Ordinance No. 19-01, 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 Lucier. Second by Vice Mayor Wernet. [Mayor Robertson recused herself from the vote since her residence is included in the affected area.] A Roll Call vote yielded five (5) affirmative votes: Councilmembers Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet. Ordinance No. 19-01 is adopted. 

OTHER (11:07pm) Ordinance No. 17-01, An Ordinance To Amend Chapter 1189 Of The Codified Ordinances Of Granville, Ohio, was not removed from the table. Resolution No. 01-27, A Resolution To Amend The Village Of Granville Rules Of The Village Council, (Sections E & F), was not removed from the table. REVIEW AND APPROVAL OF MINUTES (11:08pm) Regularly Scheduled Meeting of July 18, 2001. The following corrections/additions were requested: Councilmember McGowan, p. 1, last paragraph – insert language, “…give all citizens, not just the neighbors who were notified, a change to see what was proposed as well as to make sure the extension did not cause more problems than it was supposed to alleviate.” Councilmember Moore, p. 5, under Income Tax Revenues – “Councilmember Moore, having met with Carie Miller and Molly Roberts, ….” Councilmember McGowan moved to accept the Minutes as corrected; second by Councilmember Lucier. Motion carried. 

COMMITTEE REPORTS (11:11pm) 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) Councilmember McGowan reported he had met today with Human Resource Consultants. They are compiling community statistics, job descriptions, salary data, etc. Their interim report is attached. The next meeting is scheduled for September 5th.

Planning Commission (Councilmember Lucier) Councilmember Lucier noted the Commission is looking forward to the passing of the sign code.

Rec Commission (Councilmember McGowan) No report.

Streetlight Committee (Councilmember McGowan) No report.

Streets/Sidewalks & Utilities (Councilmembers Bellman, Crais; Vice Mayor Wernet) Vice Mayor Wernet reported the committee will be meeting August 3rd. Tree & Landscape Committee (Councilmember Moore) No report.

Union Cemetery Board (Councilmember Lucier) No report.

Strategic Land Acquisition (Councilmembers Bellman, Crais, and Moore) Councilmember Crais reported the committee had met the previous Monday. Their report was already submitted to Manager Hickman, who was asked to make it available for discussion at the regular council meeting on August 15th.

JEDD (Vice Mayor Wernet) No report. OTHER Mayor Robertson announced that the new Taylor’s store will open next Monday. She suggested a proclamation and Council agreed to meet at the store that morning. MEETING ANNOUNCEMENTS – 2001 (11:17pm) 1. August 8 7:30pm Joint Twp./Village Council -JEDD & Kendal w&s 2. August 8 8:30pm Special Meeting – Kendal water request 3. August 9 7:00pm BZBA 4. August 14 7:00pm Comprehensive Plan Review Committee 5. August 15 7:30pm Village Council 6. August 23 7:30pm Planning Commission

ADJOURNMENT (11:18pm) Councilmember Crais moved to adjourn the meeting; second by Vice Mayor Wernet. Motion carried. 

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