Granville Community Calendar

Council Minutes 12/15/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES December 15, 2004

CALL TO ORDER (by Mayor Robertson at 7:32 pm) 

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were, Councilmembers Barsky, Hartfield, OKeefe, Herman, Main, Vice Mayor Lucier, and Mayor Robertson; Manager Hickman and Law Director Crites. Motion carried. APPROVAL OF AGENDA (7:32 pm)

 Mayor Robertson moved to amend the agenda and report on a meeting in regards to Kendal after Citizens Comments. Councilmember OKeefe moved to discuss happenings at the Granville Recreation Commissions meeting under Committee Reports. Councilmember Main moved to discuss items in regards to the Granville Foundation under Committee Reports. Vice Mayor Lucier moved to accept the agenda as amended, seconded by Councilmember Herman. Motion carried.

 CITIZENS COMMENTS (7:35 pm) Catherine Buxton, 371 Glyn Tawel, stated that she would like to get more information in regards to the possible smoking Ordinance. Mayor Robertson stated that the law directors of Newark and Heath have met, and she hopes Granvilles Law Director can meet with them sometime soon. Law Director Crites stated that he has prepared a draft Ordinance. Councilmember Main stated that Council will likely talk about this issue soon, but not until the Law Director has finished his part. Ms. Buxton asked if Council would be revising Mr. Reeses Ordinance. (It should be noted that Gib Reese attended an earlier intra- community meeting including Granville, Heath, and Newark.) Mayor Robertson indicated that there are some parts of the Ordinance that they disagree with, and that Mr. Reeses Ordinance currently states that entities other than police could enforce. She stated that their Ordinance would differ from his Ordinance and allow no other entities to enforce, and that the enforcement date would be the same for all three communities. Mayor Robertson stated that the first possible public hearing for such an Ordinance wouldnt be before the January 19th Council meeting. Council discussed the Ordinance going to a committee. An ad hoc committee was formed to discuss the smoking Ordinance, members included Councilmember Main, Councilmember OKeefe, and Mayor Robertson. Councilmember Main added that a public hearing could be held off until February, depending on the introduction date of the Ordinance and when the ad hoc committee can meet to discuss it. 

Dan Bellman, 320 North Pearl Street, spoke to Council in regards to Kendals sewer line construction costs. He stated that it is his concern to factually set out the framework on this issue, regardless of what Council decides to do. Mr. Bellman distributed a handout to Council.

Mr. Bellman stated that his greatest concern is the idea of having any money coming from the schools to fund these kinds of projects, and the precedent that would set. He stated that a second concern would be how Council would appear. He stated that by framing this accurately and correctly this will put you (Council) in the best light. Mr. Bellman also stated that if the information is framed correctly Council may find that there isnt a problem for any government body to figure out. Mr. Bellman stated that the contract states the Law Director and Manager need to see the costs incurred by Kendal. 

The following is a copy of Mr. Bellmans handout and items he went over with Council:

When the sewer line construction costs were discussed in the Village Council meeting of July 10, 2003, four options for sewer line construction costs were discussed. The estimated prices for the sewer line ranged from $618.405 to $898,095. 

Today, Kendal states that its actual sewer line construction costs are about $1 million. 

Kendal Sewer Line Construction Costs

1. $400,000 of Sewer Line Construction Costs: Kendal agrees that it should pay at least $400,000 of the sewer line costs based on original construction estimates. 2. $225,000 of Sewer Line Construction Costs: Under Kendals sewer contract, the Village agreed to reimburse Kendal $225,000 of Kendals costs via a sewer line surcharge fee. 3. $375,000 of Sewer Line Construction Costs: Regarding the remaining $375,000 in sewer construction costs: " Kendal bears the risk of any construction costs over $625,000 under its sewer contract with the Village. " Nevertheless, if the Township and Kendal so request, the Village will look at these $375,000 in costs and provide a position regarding who should bear these costs. In doing so, the Village will take another look at the $225,000 in sewer line surcharge fees, as well as what Kendals share of this additional amount should be. " Before the Village Council can review this issue, Kendal first must provide an accounting of its construction costs to the Village Manager, as required by its sewer contract.

Mayor Robertson closed public comments at 7:45 pm.

Report of Kendal Agreement Discussion Sewer Line Construction Costs

Mayor Robertson stated that she and Manager Hickman met with Trustee Jim Havens. She stated that the original question posed to Council was framed to ask if there was a willingness to renegotiate the over-sizing agreement. Mayor Robertson stated that she asked Mr. Havens to rename the agreement  a Reimbursement Agreement, and that Mr. Havens agreed to do this. Mayor Robertson stated that they didnt talk much about the content, and they didnt discuss matters brought up by Mr. Bellman during Citizens Comments. She stated that Mr. Havens indicated that the Township is in the midst of doing diligence and asking questions like - Is someone negligent? She stated that the Township has collected contracts and requested bid estimates. Mayor Robertson stated that the ultimate decision made at the meeting was to go back to their respective groups - make a report - and request authority from the group to initiate in discussions. 

Councilmember OKeefe asked where is the impetus coming from for us (Council) to be part of this decision. Mayor Robertson stated that Kendal has asked the school district and Township to do something, and the request to have Council listen is coming from the school district and Township. 

Councilmember Herman asked if the school is requesting that this issue be discussed, and are they taking a position? Mayor Robertson stated that the school districts position is that they do not want a TIF. Councilmember Herman asked what is it that they wish to contribute to the process or to the discussion beyond the fact that they do not want a TIF? Mayor Robertson stated that a lot of the content was not discussed, but rather should the three mentioned entities enter into some type of discussion that addresses Kendals request for a TIF. Councilmember Herman stated that this is a result of their cost overrun. 

Mayor Robertson presented the following timeline to Council: January 11  Collection of Data January 19  Meeting to Review Data with Trustee Havens, Manager Hickman and Mayor Robertson January 25  Meeting with Trustee Havens, Lyn Straker, Mayor Robertson, Manager Hickman 

Mayor Robertson stated that at one time it was stated that there was some urgency to have this issue looked at by the end of December, and that this is no longer the case. 

Mayor Robertson stated that the question she would like answered by Council is if they want to enter into discussions. She stated that her personal position is that they should try to understand what happened and listen to the data. She stated that there is no reason to rush into a decision, and that there is a good two months to generate a position by Council. She stated that she doesnt have a position about what Council ought to do, just some general ideas about things at this point. She stated that she is willing to say there is more to learn and we ought to be learning it. She stated that she also thinks this is an excellent opportunity to work with the Township and school district. Mayor Robertson stated that we (Council) are at times cast as being opposed to working with the Township and school district, even though she believes they have never been opposed to this. 

Councilmember Herman stated that Council signed an agreement with Kendal and that the Village signs agreements like this a lot. He asked what role the Village would have if there are cost overruns incurred in other projects, and who picks up the tab? Manager Hickman stated that mostly the contractor would pick up these costs, unless there is something extraordinary, and there could be some consideration with certain types of situations.

Councilmember Herman asked what would happen if the Village bought a $24,000 car and the dealership would say that their costs are now higher, what would happen? Manager Hickman stated that they wouldnt be buying that car if more money had to be spent. Mayor Robertson stated that she understood the point Councilmember Herman was trying to make. 

Councilmember Hartfield stated that she had heard the word negligent brought up a couple of times, and she asked if there is any negligence tied to the Village in any way. Manager Hickman stated no. 

Councilmember Main asked Mr. Bellman what he was referring to when stating Council should have their Law Director look into the contract about potential negligence. Mr. Bellman stated that the contract requires Kendal to disclose all of their costs to the Village Manager and he then has thirty days to assess. Mr. Bellman stated that he believed the Village Manager would then ask the Law Director if he sees any reason for the cost overrun and is anyone liable, rather than Kendal. 

Vice Mayor Lucier stated that what strikes her about this whole situation is that Kendal has not asked the Village to look into this matter, and until they do  Council shouldnt be involved. Vice Mayor Lucier stated that as far as a public relations view  its nice to talk with the school district and Trustees, but in this case we arent being asked, but still getting involved. She stated that the specific request came to the Township Trustees, and that she could see it as being appropriate to have the Law Director and Manager get involved. Vice Mayor Lucier stated that she cant see what Councils role would be, other than appearing to be cooperative. Manager Hickman acknowledged that he has not been contacted by Kendal. Councilmember Barsky stated that given the history of the community and the role that the Council plays and the fact that we are trying to look at economic development in addition to residential development here - If we were in a different position and we wanted to go to the Township Trustees and there are times perhaps in the past when we have wanted to have discussions with them and weve been rebuffed - She stated that she doesnt feel at this time it would be appropriate to take the position mentioned by Vice Mayor Lucier. She stated that there are logical reasons that Council should not get involved, but this is not a logical decision. 

Vice Mayor Lucier stated that something else that could be done is to pass a Resolution to support the school board, stating that we agree with them that it is not appropriate to have tax reduction that is detrimental to the schools, and that we hope that Township Trustees will take this into account. She stated that we are more than willing to provide any kind of information that will help them. 

Councilmember OKeefe asked if Council is being asked to help pay for the cost overrun. Mayor Robertson stated that Council has not been asked to do this, and that she is not prepared to change that agreement. She stated that it would of coarse take this body (Council) to offer to pay for the cost overrun or not pay for it. Mayor Robertson stated that she is only prepared to go and listen and learn  understand and support essentially, and she feels this is what Council has been asked to do at this time. 

Councilmember OKeefe asked how Council could help. Mayor Robertson stated that abiding by the agreement is a help in some way. 

Councilmember Herman stated that he feels that if as Mayor, Mayor Robertson wanted to talk with them about this, he thinks that would be wonderful. He stated that it is always nice to be cooperative and listen to people. He stated that he doesnt feel there is any specific action Council should take at this point as far as endorsing or not endorsing. 

Mayor Robertson stated that she would like to have Councils support in regards to entering into a discussion, and she is not asking for support to argue a certain way. She stated that her role would be to simply bring back to Council what is going on. 

Councilmember Main stated that he would support this. 

Councilmember OKeefe asked if Council would take a position, and Mayor Robertson stated no. Mayor Robertson stated that the possibility does exist that there is relevant data that Council is not aware of. She stated that she is not saying there is relative data, but the possibility does exist. 

Councilmember Hartfield stated she would be curious to see what data the Township has. 

Councilmember Herman stated that it is his opinion that listening is fine, but he would be against investing any Village resources to do anything on this. He went on to say that he is not convinced this is an issue for Council. 

Councilmember Barsky stated that they arent asking for that right now. 

Vice Mayor Lucier stated that Kendal has a problem before them and they have decided to go to the Township Trustees and ask for a TIF. 

Mayor Robertson stated that the Township is in a difficult position and that she would like to see Council support them. She stated that being supportive can take all kinds of character. 

Mr. Bellman suggested that Council may want to go through each bulleted item on the handout he provided and see if they agree or disagree. He stated that this could gravitate Council into the position they want to take on this matter.

Mayor Robertson stated that her willingness is to attend and learn and report back to Council. 

PUBLIC HEARING (8:07 pm) Ordinance No. 30-04, 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, 2005. 

 No one appeared to speak for or against Ordinance No. 30-04. Mayor Robertson closed the public hearing.

EXECUTIVE SESSION Pursuant to ORC 121.22(G)(2)  To consider the purchase, or sale of property&&... (118 South Main Street). Councilmember Barsky moved to enter into Executive Session, Seconded by Councilmember Herman.

Roll call: Hartfield, Herman, Lucier, Barsky, Main, Robertson, OKeefe, Hartfield (7, 0)

Time in: 8:10 pm.

Councilmember Herman moved exit out of Executive Session and return to Regular Session. Seconded by Councilmember Barsky.

Time out: 8:34 pm.

Roll call: OKeefe, Robertson, Main, Barsky, Lucier, Herman, Hartfield (7, 0)

 NEW BUSINESS (8:35 pm) Ordinance No. 32-04, An Ordinance Authorizing the Village of Granville to Enter into a Settlement Agreement and Mutual Release with Sensibilities, Inc., and St.Lukes Episcopal Church was introduced by Councilmember Main. Second by Councilmember Hartfield. 

Mayor Robertson announced that the public hearing for Ordinance No. 32-004 will be held on January 5, 2005. 

 OLD BUSINESS Ordinance No. 30-04, 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, 2005 was re-introduced by Councilmember Herman. Second by Councilmember OKeefe.

Discussion: Councilmember Herman stated that a few amendments were sent to Council after discussions in EFP Committee. 

Councilmember Herman stated that the committee is recommending a new line item called Business Development Fund to be funded at a level of $12,000, and that a primary amount of the money would come from the hotel/motel tax. He stated that this would be monies that could be used with the Chamber of Commerce relative to projects promoting business development. Councilmember Herman stated that Manager Hickman has indicated that this idea is doable. 

Councilmember OKeefe asked if the funds could be used for directional signs. Councilmember Herman stated yes. Manager Hickman stated that he believed the budget specifically depicted the money being spent for directional signs and a kiosk. Vice Mayor Lucier stated that she didnt think their committee had fully signed on to this idea. Councilmember Hartfield indicated that there were still some questions in regards to directional signs. Manager Hickman asked if additional monies needed to be put into the fund to pay for the signage and kiosk if the committee agrees on the expenditure. Councilmember Herman stated that this issue would need to be further discussed in committee and that there is no reason to create an account that has already been spent. 

Councilmember Herman stated that there is also a line item for Law Enforcement Education Fund. He stated that previously there have been discussions about alcohol usage in the schools, and Council may want to consider using monies from this fund on projects to address alcohol related issues. He went on to say that the money in this fund has not been used in the past, and that the money comes partly from DUI fines.

Councilmember OKeefe inquired on the line item for street lighting; She asked if any part of this money could be used for new lighting, or just replacement lighting. Manager Hickman indicated that he would pull money from this fund for new lights if need be. 

Councilmember OKeefe asked what the Strategic Land Reserve Fund is used for and she stated that there is no money in this fund. Manager Hickman stated that this fund is not used to purchase green space properties, and that the money comes from the General Revenue Fund. He stated that an example of land purchased with money from this fund would be a piece of land by the water plant costing around $5,000. Councilmember OKeefe asked if land in the Township could be purchased with money from this fund. Manager Hickman stated yes if it is considered to be a strategic land purchase.

Councilmember OKeefe stated that the Granville Fellowship has received $6,000 each year for a number of years, and that this year they are looking at a deficit. Council asked the amount of their rent, and it was stated that this amount is $1,200 per year. Councilmember OKeefe stated that she wished to plant a seed now to provide additional funding in this area for the future. Mayor Robertson stated that perhaps the board of Granville Fellowship could meet with some committees. 

Roll call vote: Barsky, Hartfield, Herman, Lucier, Main, OKeefe, Robertson (7-0)

Ordinance No. 28-04 is adopted. 

REVIEW OF MINUTES Regularly Scheduled Meeting of December 1, 2004 Councilmember OKeefe moved to accept the minutes as amended; seconded by Councilmember Herman. Motion carried, 7-0. 

MAYORS COURT REPORT  November The Mayors Court Report for the month of November was presented for review.

Discussion: Councilmember Hartfield stated that several neighbors on Prospect and Elm streets have commented to her about the parking tickets being issued for parking inches away from a curb. It was stated that the legal distance is fifteen inches. Manager Hickman stated that he would further discuss this with Councilmember Hartfield. 

Vice Mayor Lucier discussed street sweeping, and if there has ever been discussions to have a schedule to have the edge of the street open for street sweeping. Manager Hickman stated that most of the time street sweeping is done in early morning hours and that it is necessary to make sure that this is publicized so people are aware. 

Councilmember Barsky moved to accept the November reports; seconded by Councilmember OKeefe. Motion carried 7-0.

Mayor Robertson instructed the report be filed with the Clerk. A copy of the said report is included as part of these Minutes. 

MANAGERS REPORT  November The Managers Report for the month of November was presented for review. 

Discussion: None.

Councilmember Barsky moved to accept the November report; seconded by Councilmember OKeefe. Motion carried 7-0.

 Mayor Robertson instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes. 

COMMITTEE REPORTS 

Economic, Finance, Personnel Committee (EFP)  Hartfield, Herman, Lucier Councilmember Herman stated that the committee discussed the budget. Mayor Robertson thanked the committee for the good job and she stated that the report was good as well. 

Councilmember Barsky stated that she had a question that would entail the budget and LSSU committee in regards to roundabouts. She stated that there were discussions at one time about having a workshop/seminar done in regards to roundabouts and that this workshop/seminar could possibly help pay for some of the engineering costs related to them. Manager Hickman stated that this could be looked at again. It was stated that Trudy Knox volunteered to help organize the workshop/seminar. Councilmember Barsky stated that whether or not there is a workshop or consultant used, she suggests a relatively short timeframe. It was stated that there is a $30,000 allocation in the budget. Councilmember Herman and Councilmember OKeefe stated that they would support the comments of Councilmember Barsky. 

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU)  Lucier, Hartfield, Main Councilmember Hartfield stated that the committee will meet on Friday, December 17th AM. 

Planning Commission  OKeefe Councilmember OKeefe stated that a property on West Broadway was approved for remodeling, but denied an occupancy permit due to a mis-communication. She stated that the Planning Commission met with owner of the property and decided to grant approval. Council asked what happened with this situation. Manager Hickman stated that the work done is a quality improvement to what was there. He stated that the improvements that were done by the home owner were not exactly the same as what he told the Village Planner. Manager Hickman stated that the first floor windows were shorter than what were approved. Councilmember Herman acknowledged that he had seen the windows that were installed, and thought that they werent what should have been approved according to the Village code. Manager Hickman stated that the permit and what actually happened in the remodeling were different. He stated that later the Planning Commission looked at the total improvements that were done and decided to approve the permit. Manager Hickman stated that there was a communication break down with the Planner thinking one thing and the home owner doing another. He stated that the staff has not had the time to keep up on what is actually happening, and if it matches the approval on the permit. Manager Hickman stated that a part-time person is needed to help in this area. Council discussed what district the home on West Broadway was in; It was stated that it is in the Transportation Corridor District. Councilmember Barsky stated that the Village constantly gets into positions where someone does something that wasnt approved, and the Planning Commission goes ahead and approves it. She stated that with the situation on West Broadway, she is sorry the home owner spent the money for the improvements that were not approved, and she is sorry that the Planning Commission gave the ok. Council stated that they had asked for an Ordinance to move towards having everything in the Village considered under the Architectural Review Area guidelines. Manager Hickman indicated that he would work with Law Director Crites on this matter. Councilmember Main stated that there should be two public hearings on a large scale change like this. 

Councilmember OKeefe stated that a sidewalk (sandwich board) sign for Green Velvet was tabled. She stated that the Law Director is going to look at legality issues because the sign advertises two businesses on it, and there is nothing in the code to address this. Councilmember OKeefe also stated that she thought that there were going to be limits put on these types of signs. Manager Hickman stated that directional signs could address this issue if they are approved. Law Director Crites agreed to look at this issue. 

Planning & Zoning Committee (P&Z)  Barsky, OKeefe, Robertson Councilmember Barsky stated that the committee discussed expanding the historic area boundaries so that architectural review guidelines extend throughout the original Village. She stated that it would be beneficial to do something soon  January 5 or 19. She stated that the committee also discussed permitted and prohibited businesses for a proposed JEDD, and that Granville Township zoning prohibits certain uses throughout the Township. She stated that the committee requested that Law Director Crites review the zoning pages and determine whether they apply to the Village as part of the Township and whether the provisions are suitable. Councilmember Barsky stated that the committee discussed and passed on the Thoroughfare Plan, Traffic Impact Study, and Access Management Plan. She stated that these matters were passed on to the County Engineer for feedback. Councilmember Barsky stated that the committee will meet again on December 21 to review the JEDD document. She stated that Township zoning regulations are available on the website if anyone is interested in seeing them. 

Senior Committee  Robertson Mayor Robertson stated that the committee met with National Church Residences and Keith Myers was also at the meeting. She stated that National Church Residences looked at several potential sites, and they focused on the Bryn Du property. She stated that they have since dissuaded them from looking at this property, one reason being that Keith Myers felt that it was not an appropriate location. Mayor Robertson stated that Mr. Myers felt the proposed buildings would overpower the existing setting, and that she too was a bit surprised of the scale and size presented. Mayor Robertson stated that National Church Residences will continue to look for an alternate location. 

Union Cemetery Main No Report.

Granville Recreation Commission OKeefe Councilmember OKeefe stated that the commission has received approval from the Township to have a 1 mil levy on the May ballot. She stated that the .5 mil levy will be discontinued if the 1 mil if approved. Councilmember OKeefe stated that the members of the Granville Recreation Commission are a dynamic group of people. She stated that they held a dinner for 120 senior citizens at St. Edwards Catholic Church, and that it was a very nice event. 

Councilmember OKeefe stated that the commission is working on planning events for the Bicentennial.

Councilmember OKeefe stated that Granville Rec Commission is also looking into possibly acquiring space at the Bryn Du Mansion. 

Granville Foundation - Main Councilmember Main wanted to remind everyone to keep the Granville Foundation in mind for end of the year charitable giving. 

OTHER COUNCIL MATTERS Councilmember Barsky stated that Council needs to look at the direction of Strategic Planning  Steve Millett. 

Councilmember Barsky stated that she met with Marcia Phelps, Rob Klinger, and Manager Hickman to discuss potential uses for the Owens Corning property. She stated that they are working on a master plan for multi use kinds of things. She stated that there was no immediate desire to disband the property. Councilmember Barsky stated that the next step would be to meet with ODOT because no one is clear what route 161 will actually take. She stated that it was decided that Owens Corning would initially go to ODOT, with the others on board. Councilmember Barsky stated that there was also talk of sharing the JEDD document. Councilmember Barsky stated that some people were pushing to make the property residential, and that these people were surprised to see everyone else not supporting it to be residential. When asked who the people pushing residential were, Councilmember Barsky stated mostly consultants from Owens Corning. Councilmember Barsky stated that Jim Eckerd, from Owens Corning, is interested in thinking outside the box and he wants to see something located at the property that is appreciated by the community. 

Vice Mayor Lucier stated that this issue raises the proposal she and Mayor Robertson had previously mentioned in regards to having a study done by Randy Gross. Councilmember Barsky stated that she was glad Vice Mayor Lucier brought this up, and that she wanted to suggest that Council bite the bullet and pay to have this study done. Council had previously asked the school board, Township, and the Chamber of Commerce if they would be willing to participate in contributing for such a study. 

Councilmember Hartfield stated that an email was sent out by Pat Moller in regards to this matter.

Councilmember Barsky stated that she understood there to be limited funds by the Chamber, the Township didnt think they could spend money in this way, and that there were initial reservations by the school board. 

Council agreed to pay for the expenditure to hire Randy Gross to compile data and do a study. Mayor Robertson asked if an Ordinance was needed. Manager Hickman stated that he can prepare a requisition from the quote provided by Mr. Gross, and he could have this ready by January 2. Mayor Robertson asked if there was unanimous agreement amongst Council. There was no disagreement. Councilmember Barsky asked to have a copy of the proposal when complete. Councilmember Hartfield stated that Ms. Moller, from the Chamber of Commerce, should be contacted on what Council has decided to do in regards to this matter. Mayor Robertson agreed to contact Ms. Moller. 

Vice Mayor Lucier stated that she will be attending magistrate training. ADJOURNMENT (9:36 pm) Councilmember Herman moved to adjourn. Second by Councilmember Main. Motion carried, 7-0. Meeting adjourned.

 Submitted by Melanie Schott 

Council Minutes 12/1/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES December 1, 2004 

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

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were Councilmembers Hartfield, Herman, Main, OKeefe, Vice Mayor Lucier and Mayor Robertson. Assistant Law Director Gorry and Manager Hickman. 

 Councilmember Hartfield moved to excuse Councilmember Barsky. Second by Vice Mayor Lucier. 

APPROVAL OF AGENDA (7:32 pm) Councilmember Herman moved to accept the agenda. Second by Councilmember OKeefe. 

CITIZENS COMMENTS (7:33 pm) Dan Bellman, 321 North Pearl Street, stated that he wished to make sure that the facts and record are set straight in regards to Kendal and the cost overrun for a sewer connection. Mr. Bellman stated that regardless of what part Council intends to take on this matter, he wishes for them to have all of the information in front of them. Mr. Bellman distributed minutes from a July 10, 2003 Council meeting which discuss four options for the sewer construction costs between Kendal and the Village of Granville. Mr. Bellman read aloud the following handout, which was also distributed to Council:

When the sewer line construction costs were discussed in the Village Council meeting of July 10, 2003, four options for sewer line construction costs were discussed. The estimated prices for the sewer line ranged from $618,405 to $898,095.

Today, Kendal states that its actual sewer construction costs are about $1 million. 

1. $400,000 of Sewer Line Construction Costs: Kendal agrees that it should pay at least $400,000 of the sewer line costs based on original construction estimates. 2. $225,000 of Sewer Line Construction Costs: Under Kendals sewer contract, the Village agreed to reimburse Kendal up to $225,000 of Kendals costs via a sewer line surcharge fee. 3. $375,000 of Sewer Line Construction Costs: Regarding the remaining $375,000 in sewer construction costs: " Kendal bears the risk of any construction costs over $625,000 under its sewer contract with the Village. " Before the Village Council can review this issue, Kendal first must provide an accounting of its construction costs to the Village Manager, as required by its sewer contract.

Mr. Bellman asked if Manager Hickman has received any information in regards to costs. Manager Hickman stated no. Mr. Bellman stated that it is up to Council if they choose to look at this issue, and that the contract requires Kendal to provide costs to Manager Hickman. 

Mayor Robertson stated that she has emailed Council that she will be meeting with the Township Trustees and School District representatives on Monday in regards to this issue. 

Doug Wagner, 300 Pinehurst Drive, stated that he is a member of Centenary United Methodist Church, but he is not there this evening representing them. He stated that he is speaking as a citizen of Granville. Mr. Wagner stated that it appears to him that the whole issue with Brews Café and the liquor licenses has seemed to have lost perspective. Mr. Wagner stated that the church has asked Council to take a position at the upcoming liquor hearing. He stated that the Village really needs to look at whether or not they want bars one, two, and three in the downtown area. He stated that he would like to see Council take a position at this meeting, and not remain neutral. Mr. Wagner stated that it has not been announced as to what will go in the old Brews location when they move to 116 East Broadway. He asked Council What do we as a Village want to do? Mr. Wagner stated that it is his belief that there would be a lack in judgment by Council if they chose not to take a position at the liquor hearing. He later stated that it seems this is a one shot deal. 

Mayor Robertson stated that Councils original decision to ask for a hearing was made before Council discussed anything in regards to what they might speak about at the hearing. She stated that the request to ask for a hearing had to be made to give Council standing to say something, if anything. Mayor Robertson stated that Council will discuss and decide tonight what position they will take at the liquor hearing. It was stated that two hearings would be on December 10th. 

Mayor Robertson closed citizens comments at 7:46 pm. 

PUBLIC HEARING 2005 Proposed Granville Village Budget

Dan Bellman stated that he hopes to see resolution to the bike path being connected to Fern Hill. Manager Hickman stated that this is close to happening. 

NEW BUSINESS (7:47 pm) Resolution No. 04-66, To Award The Bid For The Purchase Of Water Treatment Chemicals was introduced by Councilmember OKeefe. Second by Councilmember Main.

Discussion: None. 

 Motion Carried. Resolution No. 04-66 is adopted.

 Resolution No. 04-67, A Resolution Authorizing The Village Manager To Enter Into Lease Negotiations With Brews & Blues Holdings, LLC And Village Brewing Company, LTD For The Property Located At 116 East Broadway Street, Granville, Ohio was introduced by Councilmember Herman. Second by Councilmember Main.

Discussion: None.

Motion Carried. Resolution No. 04-67 is adopted.

 Resolution No. 04-68, A Resolution Of Support To Honor The Two Existing Points Of Access Off Of Newark- Granville Road To The Park National Bank Trust Parcel was introduced by Vice Mayor Lucier. Second by Councilmember OKeefe.

Discussion: Council stated that this Resolution relates to Dan Bellmans comments during the public hearing for the budget, and it is in regards to connecting the bike path to Fern Hill. Councilmember Herman asked if the Resolution speaks to the access point configurations, such as making them larger or smaller. Manager Hickman indicated that the access points are part of a PUD. Vice Mayor Lucier stated that this Resolution honors the fact that there are two existing access points already on the property. 

Motion Carried. Resolution No. 04-68 is adopted.

 Ordinance No. 30-04, 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, 2005 was introduced by Councilmember Herman. Second by Vice Mayor Lucier.

 Mayor Robertson set the public hearing on Ordinance No. 30-04 for December 15, 2004.

 Ordinance No. 31-04, An Ordinance Providing For The Issuance Of $1,354,250 Of Notes By The Village Of Granville, Ohio, In Anticipation Of The Issuance Of Bonds For The Purpose Of Paying Part Of The Cost Of Acquiring The Mansion Building Property Located At 537 Jones Road For Village Purposes, And Declaring An Emergency was introduced by Councilmember OKeefe. Second by Councilmember Hartfield.

Discussion: Molly Roberts was present to answer any questions posed by Council. Ms. Roberts stated that this is a third renewal. She stated that $145,000 in principle has been paid. Ms. Roberts stated that this is a one year issuance until the Village can have a permanent debt structure in place, which she hopes to be next year. Ms. Roberts stated that the one year 2.34% interest rate was through Fifth Third Bank. 

Councilmember Main moved to declare Ordinance No. 31-04 as an Emergency. Second by Councilmember OKeefe. 

 Roll call vote on Emergency: Herman, Main, OKeefe, Lucier, Robertson, Hartfield. (6-0)

 Roll call vote on Ordinance: Main, OKeefe, Lucier, Robertson, Hartfield, Herman. (6-0) Ordinance No. 31-04 is adopted. 

OLD BUSINESS Appeal Hearing Decision  (447 W. College Street)

Councilmember Main stated that he wished to recluse himself from the hearing and decision.

Manager Hickman stated that he previously spoke with Law Director Crites who indicated that he would like to see a decision made by Council, and not a Remand. Manager Hickman stated that Law Director Crites stated that he would deal with the issue at the level of Common Pleas Court if Council overturns the BZBA recommendation.

Councilmember Herman asked for Assistant Law Director Gorry to give an overview. Mr. Gorry stated that Council (in this matter) is acting as a legislative body. He stated that the BZBA was bound by Ordinances when making their decision. Mr. Gorry stated that Council could Affirm the BZBA decision or Reverse, Revoke, or Remand the decision for further consideration by the BZBA.

Councilmember OKeefe asked if the variance is asking for 50% of the setback? Mr. Gorry stated that the variance would not be for all of the setback, just a specific part. Councilmember OKeefe asked if the existing deck lies on the setback, and is there any bearing on this? Mr. Gorry stated that there is no bearing on the issue before Council in regards to this matter. 

Councilmember Herman stated that he had some difficulty with the logic by the BZBA for determining that Criterion (a) was not applicable. Criterion (a) stated That special circumstances or conditions exist which are peculiar to the land or structure(s) involved and which are not applicable to other lands or structures in the same zoning districts. 

Councilmember Herman stated that Council received testimony during the hearing that seemed to be at odds with Criterion (d). The testimony Councilmember Herman is referring to is from Pat Davis. Criterion (d) states That the grant of the variance will not confer on the applicant any undue privilege that is denied by this Ordinance to other lands or structures in the same zoning district. 

Councilmember Hartfield stated that if Council is going to hang a hat on this (pertaining to testimony by the Daviss for not receiving a variance) they should be sure what is on file with the Village offices. She asked if this application request has ever been researched. Village Planner, Chris Strayer, stated that he would pull the file. 

Mr. Gorry stated that it has been acknowledged that there is some confusion on the finding of fact for Criterion (a). Mr. Gorry stated that legally speaking, there are peculiar circumstances that exist in regards to the land. Mr. Gorry stated that Mr. Strayer has indicated that the BZBA may not have addressed this, and it is a problem and an issue. Mr. Gorry stated that as far as Criterion (d) and the Daviss testimony; legally speaking he sees a difference. 

Council inquired about the Village regulations for the setback. Mr. Gorry stated that the zoning code follows 40 foot setbacks, even on a diagonal. 

Vice Mayor Lucier stated that if someone were to build a rectangular house on a slanted lot, it wouldnt work without a setback. Mr. Gorry agreed. 

Mr. Strayer returned with the Daviss file. The Daviss had submitted an application in 1999 to build a garage in the exact same footprint as an existing garage at the same location. Mr. Strayer stated that the application was approved. Council asked if the Daviss were denied the chance to make their garage larger. Mr. Strayer stated that there was no application on file to make the garage larger. 

Mayor Robertson stated that she wondered about item (3) on the non-exclusive seven point test used to determine whether a property owner seeking an area variance has encountered practical difficulties in the use of his property. Item (3) states: Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance. 

Vice Mayor Lucier stated that it is only the variance that Council can consider. 

Mayor Robertson stated that if the variance isnt granted, then the structure cannot be as big. 

It was stated that the applicant has stated on record that he plans to build the addition with or without the variance. 

Vice Mayor Lucier made a motion to reverse the BZBAs approval for the variance. Second by Councilmember OKeefe. 

Mayor Robertson stated that the motion is open for discussion. 

Councilmember Hartfield stated that she is concerned with some of the holes in the process and she hopes that were not looking for a long way around. She stated that this would be similar to the Milner Road situation. 

Vice Mayor Lucier stated that her motion is not due to concern for the size of the structure. 

It was stated that a majority of the vote was needed to overturn the BZBA decision. 

A roll call vote was taken on Vice Mayor Luciers motion to overturn the BZBAs approval for a variance:

Roll call: OKeefe (yes), Robertson (yes), Herman (yes), Hartfield (no), Lucier (yes). (4, 1) 

The BZBA decision to approve the variance is Reversed. 

Budget Presentation  Manager Hickman, Molly Roberts, Chris Strayer, and Terry Hopkins were all present to answer any questions in regards to the budget. 

The following items were reviewed and discussed: 

Manager Hickman discussed street lighting. 

It was stated that line items in the budget would appropriate the following: $6,000 to Granville Fellowship $8,000 to Granville Rec Commission $8,000 to the Trustees to reimburse for mowing costs $10,000 to Granville Arts Commission

Councilmember Herman asked what has been expended so far for the Granville Arts Commission. It was stated that a minimum request of $1000 was submitted. 

It was stated that the Bicentennial Commission requested $23,000 in 2004, and $15,000 in 2003. 

A proposed street project for 2005 at Mt. Parnassus and East Broadway was discussed. Work would be done for traffic calming and the tree line would become wider. 

Mr. Hopkins indicated that they would like to purchase a new street sweeper. He stated that the old one if fifteen years old, and picks up ½ the amount as the newer ones. When asked, Mr. Hopkins stated that a new sweeper would cost approximately $155,000. 

The Newark Granville Road Pathway was discussed. Council asked for Richard Salvages daughter to be invited to a ribbon cutting ceremony when this is finished. 

Bryn Du Mansion  Keith Myers stated that the committee is requesting funds for the first floor of the Mansion. He stated that ADA access, restrooms, and a catering kitchen would be installed with the $250,000 appropriation. He stated that the appropriation would entail a note. Mr. Myers stated that if there are to be uses of the facility, these things must be done. Mayor Robertson asked if the idea was to have users of the facility pay rent and those funds would be used to pay back the note used for construction. Mr. Myers stated yes. 

River Road Annexation  Line A175 is an appropriation of $30,000 for a Master Plan Review for River Road. Mr. Strayer stated that if the possible 100 acres is annexed on River Road, what do we want to see there, what kind of development? He stated that a Master Plan would help determine some of this, as well as how much water and sewer extension costs would be. Mr. Strayer stated that they are looking at a May timeframe. Councilmember Herman asked about engineering costs. Manager Hickman stated that he would have other monies to draw from for this purpose. Councilmember Herman stated that this initiation for annexation came from property owners, and that there are some property owners that are not interested.

Roundabouts  Mr. Strayer stated that the idea of Roundabouts came from the Walkability Study. He stated that a $30,000 appropriation (consulting services) is in the budget to address if roundabouts could be used as a feasible alternative to signalizing intersections and are they something the Village would want. Mr. Strayer stated that he got a good feeling from the ODOT central office that roundabouts would be considered as a possibility. Some recommended areas in the Walkability Study included the Granville Market entrance, New Burg and North Pearl Street, and Newark Granville Road and Cherry Valley Road. 

Website  Mr. Strayer stated that a web designer has been hired and a new website was created that allows staff to do more of the maintenance and updates. Mr. Strayer also stated that in light of the bicentennial, a new website was needed. Councilmember Herman asked if email access was available on the site, and he indicated that he would like his made available. Manager Hickman stated that the website would be up and running by December 15th, and he would check with members of Council to see if they would like their email addresses made available. 

OTHER COUNCIL MATTERS

Mayor Robertson stated that at the intra-community meeting of Mayor Bain of Newark, and Mayor Dupps of Heath, Council and staff members, there was a handout in regards to making all three communities smoke free. Mayor Robertson stated that Gib Reese was there with representatives from the Lung Association. She stated that each Mayor agreed to take the smoke free issue to each of their Councils for further discussion, and possibly have similar Ordinances drawn up. Mayor Robertson stated that if one particular community decides to not go smoke free, the agreement was that the other two communities would also not be smoke free. She stated that the idea would be to move along at the same pace as Newark and Heath, and that perhaps our law director could meet with the other two law directors. Mayor Robertson asked Council if they are friendly to the idea of participating. Councilmember Herman stated that if Council does choose to pursue this, there needs to be a substantial amount of community input, and Council will need to ensure that its not a slam dunk either way. Councilmember Main stated that he likes the idea of having the three law directors meet, and he would support having an Ordinance referred to the appropriate committee for review. Council was unsure of what committee that would be. Councilmember OKeefe indicated that she was at the same meeting, and that the other municipalities were planning on sending an Ordinance to their appropriate committee. 

Liquor Control Board Hearing  Mayor Robertson asked Council what their thoughts were, and how they would like to participate in the hearing. 

Councilmember OKeefe stated that she would like to see Council participate in the hearing for Newkirk Design Studio. Council discussed what type of license this is, and it was determined to be a carryout license. Mr. McFarland, counsel for Brews Café, stated that although Mr. Newkirk is a 1/3 owner in Brews Café, Brews Café and Newkirk Design Studio are not the same entity. Mr. McFarland stated that he was unsure what the Newkirks were using the license for, but he believed it would be used for pre-packaged wine gifts. Mayor Robertson stated that a liquor license can be held without using it. 

Councilmember Herman suggested that Council should address the two hearings before them for December 10th, and decide if they want to have a hearing for the Newkirk license at a later time. Manager Hickman stated that the request for a hearing for Newkirk Design Studio would have to be made by December 3rd. Council agreed to address this later in the meeting.

Councilmember OKeefe stated that she wanted to make sure she was clear that the D5 permit is for the Brews that now exists. Mr. Martin stated yes. He indicated that he wishes to not publicly disclose what his plans are for this location, but it will not be a college bar. 

Councilmember Main stated that he has a problem with every place that serves alcohol being called a bar. He stated that he thinks of Brews Café as a restaurant, and that Council does not need to look at this as a proliferation of bars up and down the street. Councilmember Main stated that he doesnt think life will change if Brews moves to their new location and it is his opinion that Council doesnt need to support them or oppose them. He suggested playing a neutral role at the hearing. 

Councilmember Main moved to have Council take a neutral position at the Liquor Control Board hearing in regards to the transfer of a liquor license to 116 East Broadway. Second by Councilmember Herman. 

Councilmember Herman stated that it was his belief that Council would need to find a matter of law that disputes the transfer of the liquor license. He stated that he has not seen anything to this fact.

Councilmember Hartfield stated that she has looked over the law as well. She remarked about the D5 permit. Mayor Robertson indicated that the only discussion that can take place at this time (due to the motion by Councilmember Main) has to be related to the transfer of the permit. 

Council voted to have Council take a neutral position at the Liquor Control Board hearing in regards to the transfer of a liquor license to 116 East Broadway. (6 Yeas, 0 Nays). 

Mayor Robertson asked Councilmember Hartfield to continue her previous remarks. Councilmember Hartfield stated that she understands Mr. Martin not wanting to divulge his plans for the old Brews Café location. She asked how Council makes a determination without knowing what is going to be in there? 

Mr. Martin stated that he has heard Council discuss that there is a saturation of permits. He asked how many is too many, and what is Councils idea of the appropriate number? He stated that if the population reaches 6001, there will be six new permits issued by the State Liquor Board. 

Mr. Gorry stated that the Village does not have the ability to say no to the number of permits allotted by the State. 

Doug Wagner stated that this seems to be counter intuitive. He asked how certain liquor issues get on the ballot, such as the Buxton Inn. It was stated that each precinct is given the option to be dry or wet. 

Councilmember Herman stated that Mr. Wagner is right, it is counter intuitive. He stated that he doesnt like it, but he didnt make the law  the legislature did. 

Mayor Robertson stated that she does not view Brews Café as a college bar.

Mr. Martin affirmed that 66% of Brews Cafés sales come from the sale of food. 

Councilmember OKeefe asked if the applicant has to tell the Liquor Control Board what they plan to use the premises for? Mr. Gorry was not clear what the applicant would have to disclose. 

Councilmember Hartfield stated that there was a gentleman representing Centenary United Methodist Church who indicated that if a municipality participated in the hearing  this would carry more weight on the Liquor Control Boards decision.

Mayor Robertson posed that question to Council of What way would we not be neutral on the D5 permit? 

Councilmember Main stated that the bottom line is that there is going to be a D5 permit issued by the State to somebody in the Village of Granville. 

Mayor Robertson stated that it is her understanding that Brews Café would have to have a terrible track record in order for Council to protest them being given the permit. She stated that they dont have a terrible track record. 

Councilmember Herman stated that he agrees with Councilmember Main and Mayor Robertson. 

Councilmember OKeefe asked if Council could be in the position to say that Brews Café has one liquor license, and we dont think they should be given two more. Mr. Gorry stated that the liquor board would ask why two more in the area would cause adverse effects. Councilmember OKeefe asked if there was a legal basis to challenge based on concerns with the alcohol problem in the schools. She stated that representatives from the community have stated this as a concern. Mr. Gorry stated that he doesnt feel this is a legal basis to challenge on. Mayor Robertson stated that Councilmember OKeefes concerns could carry weight if it were proven that Brews Café was the reason underage students were abusing alcohol. She went on to say that this is not the case, and Brews Café has not been charged with this. 

Mr. Wagner inquired about a statement made earlier by Mr. Martin. He asked if it were true that if the population reaches 6001 in Granville, would there be six more liquor permits issued? He stated that he hears the logic of this Council being that they can do nothing about six new bars opening up in the downtown. Councilmember Main stated that Council still controls the planning and zoning. Councilmember Hartfield stated that she doesnt believe Council can do nothing about this. 

Vice Mayor Lucier made a motion to have Council remain neutral at the Liquor Control Board hearing for a D5 permit requested by Brews Café. Second by Councilmember Main. 

Council voted to have Council take a neutral position at the hearing for a D5 permit for Brews Café. (6 Yeas, 0 Nays).

Council discussed the liquor license request for Newkirk Design Studio. 

Councilmember Main stated that more information is needed from the Newkirks, and he made a motion to have Council request a hearing. Second by Councilmember OKeefe. 

Council voted to request a hearing for the liquor permit requested for Newkirk Design Studio. (6 Yeas, 0 Nays). 

Mr. Martin stated that he has been an owner of Brews Café since 1996. He stated that the D5 request actually was made in 1999. Mr. Martin asked why the Broadway Deli hasnt been mentioned in their attempts to request a liquor permit. Vice Mayor Lucier stated that no one from the community has come before Council in regards to Broadway Deli. Mayor Robertson went on to say that there were many people from the church who came to Council. She stated that Council had to put their request for a hearing in by a particular date if they wanted to have any standing at the hearing, and Council has decided this evening not to use that standing. 

Council inquired about the Nihisers appreciation Resolution. Manager Hickman indicated that he would invite the Nihisers to a Council meeting.

Councilmember Herman noted the report of Second-Floor Porches and Balconies in Granville done by Dennis Cauchon. He asked that Mr. Cauchon be thanked for his work. He stated that Mr. Cauchon is also a national reporter for USA Today. 

REVIEW OF MINUTES Regularly Scheduled Meeting of November 17, 2004 Councilmember Main moved to accept the minutes as amended. Second by Vice Mayor Lucier. 

COMMITTEE REPORTS Economic, Finance, Personnel Committee Councilmember Herman stated that they are discussing a Master Plan Process with two property owners and a consultant for possible annexation of River Road. 

Light, Safety, Sts/Sidewalks & Utility Committee The committee met on November 19th. The committee is looking into additional street lighting on East College Street. Councilmember OKeefe stated that she has heard from some that it is dark before Broadway and College intersect. Manager Hickman stated that he is aware of this, but it could be some time before this is looked at. Councilmember Hartfield stated that the committee reviewed the Thoroughfare Plan. She stated that Doyle Clear has indicated that a policy and guidelines need to be determined before traffic calming devices are installed. The next meeting is scheduled for December 17th. Council asked for Manager Hickman to see if this meeting is necessary. Manager Hickman stated that he would get copies of the Thoroughfare Plan update, Access Management Plan, and Dublins traffic calming policy to members of the LSSU committee. 

Planning Commission Council discussed an informational sign presented by Barb Hammond during the Planning Commission meeting. Manager Hickman stated that he doesnt not have the money to fund this at this time. It was stated that the kiosk was never agreed to be paid by Council. 

Planning & Zoning Committee It was stated that the committee looked at the Thoroughfare Plan and that Councilmember Barsky was going to take the findings to the Trustees. Mayor Robertson asked where the minutes from the meeting were. It was stated that they may still be in the computer. Recreation Commission No Report.

Senior Committee No Report.

Union Cemetery No Report. 

 ADJOURNMENT At 10:25 pm, Councilmember Hartfield moved to adjourn the meeting. Second by Councilmember Herman. Motion carried, 6-0. Meeting adjourned. 

 Submitted by Melanie Schott 

Council Minutes 11/17/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES November 17, 2004

CALL TO ORDER (by Mayor Robertson at 7:32 pm) 

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were, Councilmembers Barsky, Hartfield, OKeefe, Herman, Main, Vice Mayor Lucier, and Mayor Robertson; Manager Hickman and Law Director Crites. Motion carried. APPROVAL OF AGENDA (7:32 pm)

 Vice Mayor Lucier moved to amend the agenda and have a continuance for the scheduled appeal hearing. It was stated that all parties have not yet received a copy of the transcript. Second by Councilmember Herman. Councilmember Herman moved to accept the agenda as amended, seconded by Councilmember Barsky. Motion carried.

 CITIZENS COMMENTS (7:33 pm) Dan Bellman, 320 North Pearl Street, spoke to Council in regards to Kendal and a sewer contract. It was stated that the costs of the sewer have gone over what was originally estimated. He stated that there was a recent meeting and Trustee Jim Havens presented the question as to whether or not Council would be willing to look at this agreement again. Mr. Bellman distributed a handout and stated that he would like Council to consider giving Manager Hickman direction to act as stated in his letter. 

Mr. Bellman read aloud the following from his handout: If the Township and Kendal request Village Council to do so, the Village Council is willing to reevaluate the figures in Kendals Sanitary Sewer Agreement for the purpose of re-establishing Kendals fair share and Kendals Reimbursable Cost under Paragraph C-2 of the Agreement in light of the current construction cost figures. Liquor Permit Holders 

Jerry Martin, 115 Briarwood Drive, co-owner of Brews Café stated that he wanted to address what their intent is in regards to the move to 116 East Broadway. Mr. Martin stated that the new location is larger with a full basement. He stated that they are in need of a new kitchen and restrooms. Mr. Martin stated that the second floor would have seating and a semi-private banquet room. He stated that the proposed balcony on the second floor would have four tables on it. Mr. Martin stated that Brews Too would move to the third floor of the new building. Mr. Martin spoke about a D5 liquor permit that he had tried to attain some time back, but it was not available. He stated that it recently became available, and that he and his partners would be remissive business men if they didnt try to get it. He stated that it is a way for them to control their competition. 

Councilmember OKeefe asked if Mr. Martin was applying for two different permits. Mr. Martin stated that if they dont use the two permits in two different locations they would have to be turned back in to the state liquor board. He stated that if they are turned back in someone else could apply for them. 

Mayor Robertson asked what would happen to the existing Brews restaurant. Mr. Martin stated that he was not sure and this decision has not yet been decided. He stated that the lease is up in October and they will then have the option to renew for a five year extension. 

Councilmember Barsky asked if Mr. Martin would have to get rid of the other permits if the D5 permit is granted. Mr. Martin stated yes. 

Councilmember Herman stated that someone else is in line that already has an application on file if these permits are turned back in. 

Mr. Martin stated that the D5 permit is now back in play due to the population estimation in this area. 

Steve Barnes, 120 Brennan Drive, stated that he is a six year resident of Granville and customer of Brews Café. He stated that he whole-heartedly supports the new location. Mr. Barnes stated that prior to living in Granville, he lived in Alexandria, Virginia and he feels its the type of place Granville should aspire to be. He stated that there are many outside balconies that dont present any problems and the architecture is in good taste. 

Mayor Robertson stated that an issue before this Council is the proposed balcony and the fact that it is on public property. She stated that the liquor licenses themselves are under the control of the State Liquor Board, and not Council. Councilmember Herman stated that on the same token, if people want to address in a public hearing how they are feeling about this, given Councils interests in having a role relative to the upcoming hearing with the Liquor Board, that they should have the ability to have that discussion with Council. Mayor Robertson agreed and stated that she wanted to make clear who was responsible for which decisions. She stated that Council wants to hear from everyone. 

Fran Kelly, 79 Spangler Court, stated that she thought that the existing porch located at 116 East Broadway was already on public property. She also stated that the church is partially located on public property. Mayor Robertson stated that it was not known that the existing porch at 116 East Broadway was on public property, but that is has likely been there for at least 100 years. Ms. Kelly asked if Council would be abstaining from any discussions with the liquor board in regards to the church. She stated that she has heard rumors. Councilmember Hartfield stated that she is not sure what has been conveyed, and she explained that the church came before Council and presented some issues that they had and asked Council to participate as an interested party. She stated that this does not mean Council will be testifying against Brews Café. Councilmember Hartfield stated that nothing has been determined by Council on this matter. She went on to say that Council does not have any control over the liquor permits and they can act in two ways at the hearing - (1) interested party and (2) abstain from discussions. Mayor Robertson added that there has been very little discussion amongst Council in regards to this matter and no decisions have been made. Mayor Robertson stated that Council requested a hearing because the notice had to be turned in by a particular time, and this then gave Council the option to speak if they desired. She stated that what Council would say or if they would even say anything has not been discussed. Mayor Robertson stated that it is her desire to abstain from any discussions. 

Joel Spahr, 43 North Street, Newark, stated that he is an employee at Brews Café. He stated that he spends 50 to 60 hours a week at Brews and feels that it is a family oriented establishment. Mr. Spar stated that in years past Brews has experienced an 80% decline in customers when the Denison students are gone. He stated that last year this was only a 10-15% decline due to their goal to become more family oriented. Mr. Spar stated that the restaurant part of Brews closes at 10:00 on weeknights and 11:00 on weekends. Mr. Spar stated that Brews has worked hard at making themselves a part of the community and if they have done something wrong in the past to let them know and they will try to correct it. He stated that there is much support for Brews Café tonight in this room and they are all taxpayers and members of the community. 

Councilmember OKeefe stated that it seems like everyone wants to be good neighbors and she wonders if there has been any dialogue between Brews and Centenary United Methodist Church. Mayor Robertson stated that she could offer the Council Chambers as a place to hold such a discussion. Mr. Spar stated that he has not had any conversations with the church. He stated that once the balcony became an issue it was like Mardi Gras. He stated that they are open to talking with the church. Mr. Martin stated that the dialogue was open until the transfer request went in. He stated that he has had conversations with Connie Westbrook and Steve Cramer. He stated that they discussed the noise upstairs and the possibility of hearing it from inside the church. Mayor Robertson stated that she hopes this dialogue can be renewed. 

Pam Cray, 205 Mill Race, asked Council if they could address the concerns they have pertaining to the balcony. She stated that she feels this is a lovely community and she hopes this doesnt isolate people. She stated that the goal should be to unite people and not have bickering. Mayor Robertson stated that she is sorry if this is perceived as bickering. Mayor Robertson stated that the issues at hand have to do with serving alcohol on public property, and that by law this is not allowed. She stated that there are some options that might exist, and one of them could be a lease agreement between Brews Café and the Village. Vice Mayor Lucier stated that she is concerned about there being a precedence set and having other property owners express an interest in building balconies on their buildings. Mayor Robertson stated that Council needs to be aware of any unintended consequences that could come out of their decision. 

Drew McFarland, 230 East Broadway, stated that he is an attorney and is Brews legal counsel. Mr. McFarland stated that he was not acting as Brews legal counsel when speaking tonight and he was not asked by anyone to speak. He stated that there is no law in this village that says its illegal to serve alcohol in a public space. Moreover, he stated that Brews Café should be given the same options (lease) as that of the church when they did their building addition. Mr. McFarland stated that there are really no special issues to address in this situation. He stated that the proposed balcony is part of the liquor premises, and the liquor permit allows liquor to be served on the liquor premises. Mr. McFarland stated that the sidewalk cafés are on public property, and he asked where are the leases for these types of cafés. He stated that there is a strong analogy that these cafés are the same as a porch that has been there since at least 1914. Councilmember Barsky stated that the sidewalk cafés are renewed each year, and that this is something the committees are looking into. Mr. McFarland stated that he feels Brews Café would consider this option and be open to the idea of renewing each year. 

Ross Kirk, 5419 Columbus Road, stated that he supports the move of Brews Café to 116 East Broadway. He stated that he and his daughter go into Brews and as good business people he doesnt feel they will allow bad things to happen at their new location. 

Lucy Shaw, 116 Spring Valley Drive, stated that she agrees with Mr. Kirks statements and wanted to make this a matter of record. 

Barbara Hammond, 123 East Broadway, stated that she is a local business owner and she is in full support of Brews Café move to 116 East Broadway. She stated that Brews is a family establishment and it is not just good for Granville, but all of Licking County. She stated that many patrons of Brews park next to her business and this in return helps her business. 

Becky Barnes, 120 Brennan Drive, stated that she could see Council having a problem with the proposed balcony if the atmosphere was going to be like Brews Too. She stated that the balcony would be used for dining purposes, and she would love to have lunch or dinner on the balcony with her family. She asked Council to state what their concerns would be with the proposed balcony. Mayor Robertson stated that Council has not stated lots of concerns. She stated that our legal department has explained issues differently from what Mr. McFarland had stated. Mayor Robertson stated that Council has taken a stand on one side or the other. Ms. Barnes asked why there would be any concern about having a balcony on Broadway, and was it due to aesthetics. Vice Mayor Lucier stated that she has no idea if putting balconies on buildings on Broadway would add to the history of the community. She stated that in New Orleans balconies make sense and she is not making the comparison to New Orleans to be about Mardi Gras, but to compare the architecture. She stated that Council has not even had this issue before them. Mayor Robertson stated that Council needs to look and see - is it a precedent good for the entire community? 

Mr. Martin stated that he has met with the Planning and Zoning Committee and first they didnt need a lease, then they did. He stated that they would like to start some construction before snow, he asked Council if they knew how long this process might take. Vice Mayor Lucier suggested that he speak with his attorney, and Council will speak with their legal department. Mayor Robertson stated that Council meets just twice a month, and that members of Council have fulltime jobs, and so are not fulltime Council members. She stated that there is a chance that Council might know something by their next Council meeting. 

Brian Newkirk, 77 Clouse Lane, stated that he is co-owner of Brews Café and he handles the insurance for them. He stated that it should be noted that 70% of the receipts from Brews Café are for food, while 30% are for alcohol  mainly beer. Mr. Newkirk stated that he has lived in Granville for many years and he has a three year old daughter and an eleven year old daughter. He stated that he and his family frequent his business. Mr. Newkirk stated that Granville will remain the same if Brews Café moves three doors down. He stated that although he wishes the new location would have been three doors down the other way  away from the church. He stated the property located at 116 East Broadway was for sale for three years. He stated that the church had the opportunity to purchase this property if they wanted to control the real estate. Mr. Newkirk stated that the letter he received from Manager Hickman about tonights meeting was in regards to the transfer of the liquor license. He stated that the major hang-up seems to be associated with the proposed balcony. He stated that he wasnt as prepared to speak to this matter because he thought the purpose of the meeting was for the license transfer. Councilmember Herman stated that Brews Café was sent this letter because of objections the church had with the proposed balcony (that over time expanded to the church objecting in total to the transfer) and Council wished to hear from other members of the community. Mr. Newkirk stated that he thought it was ironic that Brews Café was asked to come to the meeting, and not Broadstreet Deli who also applied for a liquor license and is closer to the church than Brews current location. He stated that our interests seem to fight more of an uphill battle. Mr. Newkirk asked why parking is a concern when it comes to his building when there is a precedence that says there is no concern with other buildings. He stated that it seems some would not like to see a guy succeed. Manager Hickman stated that in regards to Broadstreet Deli, the village had not received anything official until yesterday. He stated that there were rumors that the deli was going to apply for the liquor license. Mayor Robertson stated that she will have Manager Hickman look at the BZBA in regards to Mr. Newkirks statements and that everyone should be treated fairly. Vice Mayor Lucier stated that she was on the BZBA and feels things are handled fairly. Mr. Newkirk stated that Council should be aware that in regards to the liquor license, Brews Café are good stewards, and he thinks folks would want us to have it, rather than someone else. He stated that he had a conversation with a gentleman from York, PA who was interested in opening a nite club in Granville. He stated that he knew this was something that would not be wanted in the community and if Brews were to ever become just a bar he would sell his shares because he is not interested in being in the bar business. Mr. Newkirk stated that if Brews Café doesnt own these liquor licenses someone else will. 

Mr. Newkirk than spoke about a C2 liquor permit he is requesting for 226 East Broadway. He stated that his number one reason for wanting to acquire the permit was because its available. He stated that if he doesnt obtain it someone else will. He also stated that the liquor permit is a valuable thing to own. Mr. Newkirk stated that he has no plans to open a carryout in the near future. 

Dennis Kushon, 327 East Broadway, stated that he lives next to two establishments that serve alcohol in downtown Granville. He stated that he has had a positive experience and that he loves to hear the wonderful positive chatter from his porch. Mr. Kushon stated that he and his son enjoy going to Brews Café. 

Steve Cramer, Pastor of Centenary United Methodist Church, stated that he lives next to the Buxton Inn and at times has been awakened at 2:00 a.m. due to noise from the establishment. He stated that it depends on how the alcohol is managed and that the alcohol can have an influence. Mr. Cramer stated they are not there to create a war, and that he has nothing against Jerry Martin. He stated that we are all neighbors and we want to live in harmony. He stated that the church has been called neo prohibitionists and they are not against alcohol, but the misuse of alcohol. He stated that in regards to the church not responding too quickly to the alcohol permits, they were never really told the intent of the use of the building at 116 East Broadway. Mr. Cramer stated that he had had earlier conversations with Mr. Martin, but was never really told what would go in the new location until he received the liquor license transfer information from the State Liquor Board. Mr. Cramer stated that Brews is one place serving alcohol, but we will now have possibly four places right in the immediate downtown area. He asked how this will influence the atmosphere of the town before it crosses over to something we dont need or want in our community. Mr. Cramer thanked the Council for listening to both sides. 

Councilmember Herman asked if Mr. Cramer could give the specific objections the church had. Mr. Cramer stated that some of the issues raised by Centenarys Church Council include noise, the balcony and noise associated with the balcony, the third floor music, parking, and trash. Mr. Cramer stated that he is not trying to say that laughter is bad. He stated that he hopes Brews Café would consider heavy duty insulation on the inside of the building to alleviate any noise issues. Mr. Cramer stated that another issue would be treating the architecture equally. He stated that the church had plans for a stairway on the outside of the building, but they were asked to move it inside and they would like to see equal consideration. He stated that it is his understanding that the proposed sidewalk next to Brews would be five feet wide in some areas but three feet wide next to the stairs. Mr. Cramer ended by saying that he would like to work together. 

Councilmember Herman stated that in regards to the stairs/sidewalk width it is important to point out that there was a substantial negotiation relative to the thirty plus feet the church took from green space. He stated that in terms of an equitable situation, this is something to bear in mind. 

Mayor Robertson stated that it would be her hopes that the two parties could speak more about these issues. Mr. Cramer stated that the church would be willing to do this. Mr. Martin also indicated that he would not be opposed to meeting.

Sandy Wilson, 33 Bending Oak Drive, stated that she wished to speak about the issues brought up in regards to trash. She stated that there is not enough room to put another dumpster in the rear of Brews Café, and that the trash is picked up everyday, but she can not control what time of day the trash hauling company picks it up. She stated that Brews is currently busting at the seams. Ms. Wilson stated that she recently took pictures of another building that seemed to have trash issues. Ms. Wilson stated that the new Brews location will allow for a new place to conceal the trash dumpsters. Mr. Newkirk later stated that there will also be a grease trap installed so that it wont have to be put in a dumpster. 

Frank OBrien Bernini, 338, stated that he would like to ask Council to not be neutral in this situation, but support a local business. He stated that he has never witnessed any boisterous or noisy activity outside of Brews establishment. 

Terry Miller, 36 Hampden Drive, stated that he has been a township resident for 47 years and that the Village is way too uptight. He stated that it appears to him that Brews and the church have the same goals and that they need to get together to iron things out. Mr. Miller stated that Brews helps sponsor the 4th of July fireworks for our community. He stated that he knows Reverend Cramer well. He stated that some of the stuff that happens at Council is often talked about at Brews. Mr. Miller stated that there was a time years ago when Denison students had to drive to alcohol establishments. He stated that he feels it is safer to have students (of legal age) walk down to Brews and then walk back up the hill. 

John DeNune, 234 East Broadway, stated that he is the skunk at the garden party. Mr. DeNune stated that he lives close to the proposed liquor license establishments and he is opposed to them being permitted. 

Brian Newkirk stated that Mr. DeNune is his neighbor and they are friends. He stated that the State determines how many liquor licenses should be available  not him (Brian Newkirk). He stated that maybe the goal should be to talk to the Liquor Control Board to see if too many permits have been issued. 

Dave Love, 437 Oak Meadow Drive, Pataskala, stated that the Liquor Control Board investigates the requesting permit establishments very thoroughly. He asked Council to let them do their job. He stated that he sees Councils support of the church as a small violation between church and state. Mayor Robertson stated that Council is not going to the hearing on behalf of the church, they are going as an interested party. 

Tom McCullough, Lay Leader at Centenary United Methodist Church, stated that he had some additional things hed like to mention. He stated that in regards to the first permit from Broadstreet Deli, the church did object, but did not request a hearing. Mr. McCullough stated that the church was not aware of any easement requests when they made their decisions. He stated that the church has a legal right to say that we believe the character will change. Mr. McCullough stated that Centenary United Methodists Church is not against alcohol, but the misuse of alcohol. He stated that the Council is being prayed for and that they are praying for wise decisions to be made by everyone. 

Mayor Robertson closed public comments at 8: 50 pm.

There was a ten minute recess.

 PUBLIC HEARING (9:02 pm) Ordinance No. 28-04, An Ordinance To Establish The Granville Village Managers Salary For 2005. No one appeared to speak for or against Ordinance No. 28-04. Mayor Robertson closed the public hearing.

 NEW BUSINESS (9:03 pm) 2005 Municipal Budget  Vice Mayor Lucier confirmed receipt of the 2005 Proposed Municipal Budget. Second by Councilmember OKeefe. Resolution No. 04-65, A Resolution To Establish The Time And Place Of A Public Hearing For The 2005 Municipal Budget As Proposed By The Village Manager, was introduced by Councilmember Barsky. Second by Councilmember OKeefe.

Discussion: Councilmember Barsky noted an error in the Resolution year  should be 2004, rather then 2003. Council stated that the public hearing would be December 1, 2004. 

Motion carried. Resolution No. 04-65 was adopted.

OLD BUSINESS Ordinance No. 28-04, An Ordinance To Establish The Granville Village Managers Salary For 2005 was re- introduced by Vice Mayor Lucier. Second by Councilmember Herman.

Discussion: None.

Roll call vote: Barsky, Hartfield, Herman, Lucier, Main, OKeefe, Robertson (7-0)

Ordinance No. 28-04 is adopted. 

REVIEW OF MINUTES Regularly Scheduled Meeting of October 20, 2004 Councilmember Main moved to accept the minutes as amended; seconded by Councilmember Herman. Motion carried, 7-0.

Regularly Scheduled Meeting of November 3, 2004 Councilmember Herman moved to accept the minutes as amended; seconded by Councilmember Barsky. Motion carried, 7-0. 

MAYORS COURT REPORT  October The Mayors Court Report for the month of October was presented for review.

Discussion: Councilmember Barsky inquired on the increase in No Parking tickets. She asked if they were issued in a specific area. Manager Hickman stated that they are typically given where permit parking has been issued. Councilmember Barsky asked if it is typically Denison students who receive these tickets. Manager Hickman stated yes. Mayor Robertson added that new students come who arent familiar with these No Parking areas. 

Councilmember Barsky moved to accept the October reports; seconded by Vice Mayor Lucier. Motion carried 7-0.

Mayor Robertson instructed the report be filed with the Clerk. A copy of the said report is included as part of these Minutes. 

MANAGERS REPORT  October The Managers Report for the month of October was presented for review. 

Discussion: Councilmember Barsky stated that the number of leaf pickups is ½ that of last year. Manager Hickman explained that this is the second year the village has added a second leaf pickup machine. He went on to say that one crew will continue leaf pickup next week. 

Mayor Robertson stated that out of 52 weighed trucks, there was only one violation issued. She stated that this shows that the scales are a huge success, at least for this particular month. 

Councilmember OKeefe inquired on a specific truck she saw on Broadway and asked what types of trucks would and wouldnt be allowed. Manager Hickman stated that unless they are doing business on Broadway they shouldnt be there. He stated that for example, a grain truck making a stop at the mill would be allowed. 

Vice Mayor Lucier inquired on the Income Tax Evasion investigated by Officer Dawson. She asked if this is common. Manager Hickman stated that the tax commissioner will handle cases like this to a certain point, and that they sometimes need to be turned over to the police He stated that a citation is typically given. 

Councilmember Herman inquired on the Special Detail  Fatal Vision Glasses and asked what this was in regards to. Councilmember Barsky stated that special thick glasses are given to individuals by police officers to show them what might happen when drinking irresponsibly. She stated that individuals who wear the glasses are asked to drive a golf cart on an obstacle course and with the thickness of the glasses, driving impairments are often shown. This would emulate the effect that alcohol could have. 

Councilmember Hartfield moved to accept the October report; seconded by Councilmember Barsky. Motion carried 7-0.

 Mayor Robertson instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes. 

COMMITTEE REPORTS 

Economic, Finance, Personnel Committee (EFP)  Hartfield, Herman, Lucier Councilmember Herman stated that a letter went out to participants of the last River Road meeting. He stated that the letter said that the Village is working on calculations of different scenarios in regards to costs for sewer extension. Councilmember Herman stated that Manager Hickman would meet with the property owners to see what their contribution levels would be. Manager Hickman stated that this meeting will likely take place on November 24th at 4:30 p.m., and he will confirm with everyone. Councilmember Herman stated that the committee will likely meet after the budget presentation on December 1, but before the December 15th Council meeting. This date is yet to be determined. 

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU)  Lucier, Hartfield, Main Councilmember Hartfield asked for the agenda for the next meeting to not include the Walkability study. She stated that the committee will have some odds and ends to discuss as well as the Thoroughfare Plan, which she anticipates to be lengthy. 

Planning Commission  OKeefe Councilmember OKeefe stated that awnings for Green Velvet were approved. She stated that the committee addressed some wall sign modifications, and that a house east of the Buxton Inn was approved to get a new porch. 

Senior Committee  Robertson No Report.

Union Cemetery Main Councilmember Main stated that the committee is working on the application process to include Old Colony Cemetery to be listed in the National Registrar of Historic Places. The Granville Foundation supplied the original funds for this, and they will be applying again for more funds. He stated that 550 stones have been restored, and there are 150 restorable stones. He stated that by the Bicentennial year, the plan is to move the burial grounds from restoration mode to more of a maintenance mode. 

Councilmember Main stated that the committee has accepted resignations and recognized two individuals who have had outstanding commitment to Old Colony Cemetery. The couple is Ken and Sandi Nihiser. He stated that he wasnt sure if they would agree (due to a previous conversation he had with Ms. Hoffman), but it would be nice to recognize the Nihisers in some way for their work and dedication. Mayor Robertson asked for a Resolution to be made up and for the Nihisers to be invited when it is presented. 

Planning & Zoning Committee (P&Z)  Barsky, OKeefe, Robertson Councilmember Barsky stated that the committee received feedback from the Trustees in regards to a proposed JEDD. She stated that the largest areas of contention include the zoning and the makeup of the JEDD board. She stated that the Trustees would also like their zoning rules to be in place in the JEDD area. Councilmember Barsky stated that Trustees would like to see the JEDD Board made up as follows: 

2 Members appointed by Council 3 Members appointed by the Trustees 1 Member elected by the above four. 

She stated that the proposed arrangement would allow the Trustees to appoint three of the five members, rather than two of the five. Councilmember Barsky stated that the Trustees have proposed including land along Route 16 to the Dow plant that includes Spring Valley land on both sides of the road. She stated that they would like this area to also be considered as possibility for the JEDD, as well as the Dow Chemical Plant. Councilmember Barsky stated that other issues raised were not real deal breakers. Vice Mayor Lucier asked what the rational was for the appointment increasement. Councilmember Barsky stated that Trustee Havens stated that they would be more qualified because of their business friendliness.

Councilmember Barsky stated that the current set up would have approvals would come before the Village Planning Commission, and if these go before a Township Planning Commission do they have the same clout that the municipality has in terms of enforcement. 

Law Director Crites stated that our counter to this is that the Village has broader powers in general than the Township Trustees. He stated that there will be more discussion on this. 

Councilmember Barsky stated that they will discuss LSSUs thoughts in regards to the Thoroughfare Plan at their next meeting. 

OTHER COUNCIL MATTERS Councilmember Barsky stated that Ryan Hilberts should be the contact person on having some Denison students accept a Resolution for community service. She did not have a phone number for Mr. Hilberts, but suggested calling Denisons main number  587-0810. She stated that the only meeting this could take place would be December 1st (depending on their availability) and that the students are gone after that. Councilmember Barsky stated that some of the students have indicated that they dont feel the work they did could be considered a community service. She stated that perhaps this could be addressed when presenting the Resolution. 

Councilmember Herman stated that the Granville Education Foundation Grants committee is working on four or five projects to help kids with special needs. 

Councilmember Herman stated that Community Connections  Commercial Development Committee will take input from earlier meetings and create a template. It was stated that the meeting tomorrow night will be a full meeting at the Board of Education room. 

Brews Café  116 East Broadway

Council discussed how to proceed with Brews Café. Law Director Crites stated that three weeks ago he submitted a lease that was rejected. He stated that Brews would like a ground lease similar to what Centenary United Methodist Church received. He asked Council if they would like a lease negotiated. 

Councilmember Hartfield stated that she would like to review what precedent is being set. She stated that she had some concerns over Mr. Martins email which stated share and share alike. 

Councilmember Herman asked if the question is that if Council says yes now, do they have the ability to say no later. 

Law Director Crites stated that criteria listed in the lease were set by the Planning and Zoning Committee. He stated that Mr. McFarland appreciated the effort, but wished to have a lease similar to that of the church, which he believed to be a long term - 99 year type lease. Law Director Crites stated that Brews Café indicated tonight that they would be open to a lease similar to that of an outside café. 

Councilmember Herman asked if the lease would include the balcony, porch, and side area all in one lease, and he asked if these should be separated into separate lease agreements. 

Councilmember Barsky stated that she would like to have a better understanding of how the church was handled in regards to their proposed stairwell. She asked if Brews stairwell is for general access, or just emergencies. She stated that she thought the only thing that should be looked at for an annual review would be the balcony.

Councilmember OKeefe stated that applications for Whits and Victorias outside cafés are reviewed each year, and that noise and nuisance issues are something that can be controlled because of this. 

Law Director Crites stated that as legal counsel, he does not view the balcony as being the same as an outside café  simply due to the alcohol. 

Councilmember Barsky asked What if later Victorias wants an outside balcony, can Council be capricious in their decision? She also asked if architecture issues can be taken into account on any building. 

Councilmember Hartfield asked if Council has the authority to not allow alcohol on the balcony. 

Law Director Crites stated that it has been his position that the balcony is considered public property. 

Mayor Robertson asked if Law Director Crites could prepare a lease agreement as a starting point. Law Director Crites stated yes, and he agreed that a December 1 timeframe was feasible. 

Councilmember Hartfield stated that she would like to see a draft document on December 1, but not have it introduced. 

Councilmember OKeefe stated that the balcony and stairwell have been approved by the Planning Commission. 

Vice Mayor Lucier stated that this is now known to be public property, and it wasnt at the time of the Planning Commissions decision.

Councilmember Barsky inquired on the structural issues. She stated that she would suggest going beyond the building code and pushing the envelope to the limit. It was stated that a building permit would be needed from the State. Councilmember Barsky stated that Council needs verification that this has been done and she indicated that she has dealt with too many buildings where problems have arisen.

Councilmember Herman asked if the lease agreement indicated that if there is a change in ownership, the negotiations would have to start all over again  fair game all over again. Law Director Crites stated that there is a clause in regards to change of use. 

Mayor Robertson stated that the draft document would not be considered an offer by Council. Councilmember Hartfield stated that she would have concerns that it would be perceived as one. 

Law Director Crites stated that there needs to be time taken to protect the Village and do everything right, just as was done in regards to the church. 

Manager Hickman stated that it should be noted that some opportunities were presented back in October. 

Mayor Robertson stated that the lease document will be reviewed by Council before it is sent out. She stated that it will be a two part lease agreement, and that Councils intention is to have it for December 1st or December 15th. 

Law Director Crites stated that he will have a Resolution drawn up for the December 1 meeting instructing him to continue negotiating a lease agreement with Brews Café, and if Council wishes they can pass this Resolution. 

Councilmember Main stated that in regards to the precedence that is being set, there are no other buildings in the area with an existing porch. He stated that this precedence has in some way already been set, and it wouldnt necessarily show that a balcony could be transferred to another building. He stated that he is not quite as concerned about balcony proliferation.

Councilmember Barsky asked if Council has filed to be an interested party for just the one license. 

Mayor Robertson stated that the C2 transfer to 116 East Broadway is the hearing Council requested to attend as an interested party. She stated that Mr. Martin has not stated any plans for the old Brews location and that a D5 permit is also being requested. She stated that some people do hold these permits without using them. 

Councilmember OKeefe stated that Mr. Martin has the option to extend the lease at the old Brews for five more years. 

It was stated that Mr. Martin indicated that he wished to have the D5 permit to control competition.

Councilmember Main stated that he feels why not them over someone else  to hold the liquor permits. 

Councilmember Barsky added that it would be better than an absentee landlord holding the permits. 

Vice Mayor Lucier inquired on why the additional liquor permits were being issued. 

Councilmember Barsky stated that she has asked Manager Hickman to look into this. 

Kendal  Sewer

Manager Hickman stated that he was not present at the last meeting Mr. Bellman spoke of. Council asked if information was given out that would lead Kendal to believe the costs would be a great deal less. Manager Hickman stated that they had their own estimates and own engineers. 

Councilmember Barsky stated that she was at the meeting and that Kendal is requesting a TIF  which is a reduction in their property taxes. She stated that this request comes as a result of cost overruns due to the sewer line installation. She stated that with the TIF, there would be an $89,000 reduction per year in taxes, and there is concern over what this would do to the schools. 

Councilmember Barsky explained that Kendal originally planned to pay $400,000 to install the lines, but the actual estimation jumped to $650,000 after discussing larger gravity lines with the village. She stated that with the gap, Kendal spoke with Council and it was agreed that Kendal would pay the $650,000 and if any other community customers tapped into the line than those fees would be turned over to Kendal  up to $225,000. She stated that the actual cost to put in the sewer lines was closer to one million dollars and Kendal is now trying to resolve issues associated with this cost overrun. Council discussed the cost overrun and it was stated that there were many issues that contributed, such as water issues, gravity lines, and the general costs to install the lines. 

Councilmember Herman asked if the Village had Kendall install larger lines. Manager Hickman stated not totally. Councilmember Herman asked if they agreed to the larger lines. Manager Hickman stated yes. 

Councilmember Barsky stated that the question is whether Council would consider listening to what happened and consider alternating the cost sharing. 

Mayor Robertson stated that businesses cannot tap in to the sewer lines unless they are annexed in or they want to be part of a JEDD. 

Councilmember Herman asked if the Township had taken a position on this. 

Councilmember Barsky stated that they know they need to take a position. She stated that during the meeting she stated that she thought Council might listen if Manager Hickman was presented with all of the data. She later stated that she put Council in the position to listen to the reasons for the cost overrun, if the data was presented, but she was not sure they wanted to show the data. 

Councilmember Herman asked if there was any part of the arrangement where the Village didnt do what they said they were going to do. Manager Hickman stated no. 

Vice Mayor Lucier stated that there is an emphasis on what dollars the schools will lose, but it actually will affect all abatements if the TIF is put in place. 

Councilmember OKeefe stated that she didnt think Council should get involved. 

Councilmember Main stated that if we adjust the cost sharing, they could redo the money and have less money in the TIF. 

Mayor Robertson stated that if Council would allow more allotment with the $225,000  this could put more pressure on them for more development. She stated that they need to look at what pressures could come to bare down on Council. 

Manager Hickman stated that he would hate to lose the capital improvement fund for their (Kendal) sewer. 

Councilmember Hartfield stated that she doesnt mind listening to what they have to say, but it doesnt necessarily mean Council would need to act in some way. 

Mayor Robertson stated that she is hearing a majority of Council saying to let the process work. She stated that Council at this point chooses to not get involved, and it will be something for the Township to take up. 

Fiscal Impact Study  Randall Gross  MORPC

Mayor Robertson stated that Clark Berdan, Vice Mayor Lucier, and herself met and discussed Randall Grosss proposal to do a Fiscal Impact Study for the Village of Granville. She distributed a copy of information to Council. Mayor Robertson stated that this study could be beneficial for many things Council is working on such as the Community Connections process and the work being done by Mr. Steve Millett. She stated that they are proposing that the costs be covered by asking the school board to contribute $2000, and maybe $1000 from the Township, and the remaining $6500 from Council. Mayor Robertson stated that the study looks at many different things and it would address the fiscal impacts for the governmental entity. She stated that similar studies have been done for Delaware, Newark, and Worthington. Vice Mayor Lucier added that the study is easy to read. 

Councilmember Herman stated that he would like to see broad support from the Community Connections group for this study. 

Councilmember Hartfield stated that it appears to be a statistical analysis. She asked if other sub committees from Community Connections should speak with Mr. Gross as well. 

It was asked who approached who. Vice Mayor Lucier stated that the committee approached Mr. Gross after seeing some of his work. She stated that he will look at the entire school district when doing his report. She stated that he was suggested by a MORPC employee. 

Councilmember Main stated that he was disturbed by a comment made by Mayor Robertson in regards to Mr. Gross being interested in preserving other communities. Mayor Robertson stated that he wont make the data biased. Councilmember Main stated that he would feel much better if Mr. Gross went into the collecting of data without a care of either side. Councilmember Main stated that the price/fee is reasonable. 

Mayor Robertson stated that they would like to present this at the meeting tomorrow night and asked for someone to move to approve the expenditure, and Council could be responsible for up to $6500 of the $8000 cost. 

Councilmember Main moved to approve the expenditure for the fiscal study done by Mr. Gross. Second by Vice Mayor Lucier. (6 Yeas, 1 Nay). 

 Mayor Robertson stated that there will be an Intergovernmental Meeting on November 29th. 

 EXECUTIVE SESSION Pursuant to ORC 121.22(G)(2)  To consider the purchase, or sale of property&&... (118 South Main Street). Councilmember Main moved to enter into Executive Session, Seconded by Councilmember Barsky.

Roll call: Hartfield, Herman, Lucier, Barsky, Main, Robertson, OKeefe, Hartfield (7, 0)

Time in: 11:00 pm.

Councilmember Hartfield moved exit out of Executive Session and return to Regular Session. Seconded by Councilmember Main.

Time out: 11:11 pm.

Roll call: OKeefe, Robertson, Main, Barsky, Lucier, Herman, Hartfield (7, 0) ADJOURNMENT (11:12 pm) Councilmember Main moved to adjourn. Second by Hartfield. Motion carried, 7-0. Meeting adjourned.

 Submitted by Melanie Schott 

Council Minutes 11/3/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES November 3, 2004 

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

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were Councilmembers Barsky, Hartfield, Herman, OKeefe, Vice Mayor Lucier and Mayor Robertson. Assistant Law Director Gorry and Manager Hickman. 

 Councilmember Hartfield moved to excuse Councilmember Main. Second by Councilmember Barsky. 

APPROVAL OF AGENDA (7:33 pm) Councilmember Hartfield moved to amend the agenda and hold the Executive Session between Items 7 and 8. Vice Mayor Lucier also moved to amend the agenda and move to New Business (Item 15) to the beginning of New Business (Item 9). She also asked to move Other Council Matters after New Business. Vice Mayor Lucier moved to accept the agenda as amended . Second by Councilmember OKeefe. 

CITIZENS COMMENTS (7:34 pm) Tom McCullough, 102 East Broadway, Lay Leader for Centenary United Methodists Church. Mr. McCullough stated that several individuals from Centenarys congregation have sent letters to Council in regards to various concerns they have with the proposed liquor license transfer for Brews Café. He stated that the main concerns stem from alcohol being served on a proposed balcony. He stated that there are also concerns with trash, noise, and parking. Mr. McCullough stated that the church would like to continue allowing public parking in their parking lot. He went on to say that they hope the parking lot will be available for church use since the church has programs and activities going on during most days of the week. Mr. McCullough stated that some additional issues relate to the entire community. He stated that the character of the village should be considered when looking at the approval of the liquor permits. He stated that the benches in the downtown area are often a gathering place for youth, and that this area could be less safe being next to an establishment where alcohol is served. Mr. McCullough stated that this could also make the community less attractive to families.

Mayor Robertson asked if the church was going to request a hearing, and were they before Council to ask them to join in their request. Mr. McCullough stated yes. 

Councilmember Barsky asked if the church was objecting to the transfer of the liquor license from the current Brews Café. Mr. McCullough stated yes. 

Councilmember Herman asked if the proposed balcony was the main issue that the church objected to? Mr. McCullough stated that the balcony is a large part of it, as well as the concerns over the use of the parking lot. Mr. McCullough provided an example of two cars parked in the church parking lot and stated that he witnessed individuals from one of the cars walking into Brews Café. 

Debbie Link, 2567 North Street, stated that she has lived in Granville her entire life. She asked Council to consider a parents perspective when making their decisions in regards to Brews Café. She stated that Granville High School is looking at forming a focus group for alcoholism. She stated that although parents do hold a huge responsibility in raising their children, the community plays a part as well. She stated that the high school is working hard to address these kinds of concerns, and she would like to see the community stand behind them. Ms. Link stated that there are several family oriented activities in the downtown area such as the Candlelight Walking Tour, Kiwanis 4th of July, Concerts on the Green, and the Bike Tour. She stated that all of these events are family oriented. Ms. Link stated that she has concerns that the environment in the downtown area would go from family oriented to adult oriented. She stated that she agrees with Mr. McCullough and that the youth do hang out in the downtown area near the benches. She stated that the library has just passed a levy, and she can see even more kids wanting to hangout in the downtown area. Ms. Link stated that Granville is about being family and she asked the Council to keep this in mind when making their decisions. 

Mayor Robertson asked Manager Hickman to clarify the procedures/process Council plays with all liquor license requests. Manager Hickman stated that the decision lies with the Liquor Control Board. He stated that in regards to this matter (with Brews Café) Council has one decision before them and that is the use of the property within the right of way. Manager Hickman stated that it was mentioned that a deli downtown has requested a liquor license, and this is not the case. He stated that there is a request for a liquor license transfer to D5 status and a new C2 request for 226 East Broadway  Newkirk Design Studio. 

Assistant Law Director Gorry stated that a municipality has no authority to control alcohol consumption on a licensed premises. 

Mayor Robertson stated that Councils chance to do anything in regards to this matter is to request a hearing.

Assistant Law Director Gorry stated that Council can determine the zoning classification. 

Councilmember Hartfield stated that if Council requested a hearing along with the church, Council can appeal to the Liquor Board to deny the request. 

Councilmember Barsky asked what criteria the Liquor Board uses when making their decision?

Law Director Gorry read aloud the following criteria provided by the Liquor Board:

 (c) Is so located with respect to the neighborhood that substantial interference with public decency, sobriety, peace, or good order would result from the issuance, renewal, transfer of location, or transfer of ownership of the permit and operation under it by the applicant; or (1) That the place for which the permit is sought is so situated with respect to any school, church, library, public playground, or hospital that he operation of the liquor establishment will substantially and adversely affect or interfere with the normal, orderly conduct of the affairs of those facilities or institutions; (2) That the number of permits already existent in the neighborhood is such that the issuance or transfer of location of a permit would be detrimental to and substantially interfere with the morals, safety, or welfare of the public. In reaching a conclusion in this respect, the division shall consider, in light of the purposes of this chapter and Chapters 4301. and 4399. of the Revised Code, the character and population of the neighborhood, the number and location of similar permits in the neighborhood, the number and location of all other permits in the neighborhood, and the effect the issuance or transfer of location of a permit would have on the neighborhood. 

Assistant Law Director Gorry stated that the board will not accept general objections for the request, and that the evidence must deal with adverse consequences to the adjacent properties. 

Councilmember OKeefe asked if Council were to request a hearing, would their request be considered more seriously than say that of another entity? She asked if Council would have to testify?

Mayor Robertson and Assistant Law Director Gorry indicated that Council should testify if they make the request to have a hearing. 

Mr. McCullough stated that he was told by the Liquor Board that a legislative body would have more influence on their decision than say that of another entity. 

Steve Herb, 113 Trempell Lane, stated that he would encourage this Council to remain neutral in this matter as long as no laws are being broken. In regards to a different matter, Mr. Herb stated that he would like to see the leaf pickup schedule suspended for Election Day in the future. Mr. Herb also stated that the deer population needs to be addressed. 

Doug Wagner, 300 Pinehurst Drive, stated that he frequents Brews Café, but feels that the proposed three story structure would change the complexion of the village. He stated that the proposed balcony would not display a wholesome atmosphere with people drinking and smoking. Mr. Wagner stated that Council needs to look at what moral direction is the community is going. He stated that this hearing is a huge position for Council to act in some way. 

Mayor Robertson asked how many people were in attendance on the churchs behalf. A formal count was not taken. Approximately, 12-15 individuals raised their hand. Mayor Robertson asked if anyone present was there in opposition to the churchs concerns. No one raised their hand. 

John DeNune, 234 East Broadway, stated that he was not aware of a request for a liquor license permit for 226 East Broadway until tonight. Vice Mayor Lucier stated that Council was also just made aware of this request. 

Terry Link, 2567 North Street, stated that he reads the papers and guesses that 80% of the police reports are due to the consumption of alcohol. He stated that by having more alcohol in the downtown area, it causes more work for the police force and opens a bigger can of worms.

Mayor Robertson closed citizens comments at 8:05 pm. 

APPEAL HEARING  447 W. College Street Court Reporter Marilyn Houck was present to transcribe the appeal hearing. A copy of the appeal hearing is attached as part of these minutes. 

Mayor Robertson asked Assistant Law Director Gorry if this matter could be discussed outside of Council? Assistant Law Director Gorry stated yes, and in this matter Council's role is part of a quasi judicial proceeding.

BRYN DU COMMISSION PRESENTATION/DISCUSSION Reed Fraley, 257 Clouse Lane, stated that Council should have received a copy of Bryn Du Commissions report. Council acknowledged that they had received the report. He thanked Manager Hickman and his staff for the work that they do. Mr. Fraley stated that the facility has been used by Granville Boosters, High School athletics, Granville Rec Commission, Columbus Polo, and a wedding. He stated that the commission is currently working with the Bicentennial Commission to host a Thanksgiving Ball. Mr. Fraley stated that the commission is currently looking at the gutted portion in the rear of the mansion. He stated that they are looking at refurbishing this particular area with a catering kitchen and bathrooms. He stated that the approximate cost would be $210,000. Mr. Fraley stated that with Councils appropriation of this money, the job could be completed by September of next year, or late October. Mr. Fraley stated that the commission has approached State Senator Jay Hottinger and State Representative Dave Evans for their support in approaching the Ohio Arts Commission. He stated that the commission is also looking at initiating requests for federal funds, as well as philanthropic donations. Mr. Fraley stated that the capital and operating budget will be available for Council later in this month. Mayor Robertson recognized members of the commission who were present at the Council meeting and thanked them for their work. 

Vice Mayor Lucier asked if any revenue has been generated? Mr. Fraley stated that some in-kind donations have come in. He stated that Columbus Polo does pay a fee. He also stated that at this point they dont believe the facility can be self sustaining. Mr. Fraley stated that revenue could develop over time, but it wont be instantaneous. 

EXECUTIVE SESSION Pursuant to ORC 121.22(G)(2)  To consider the purchase, or sale of property&&... (118 South Main Street).

Pursuant to ORC 121.22(G)(1)  To consider the compensation of a public employee.

Councilmember Hartfield moved to enter into Executive Session, Seconded by Vice Mayor Lucier.

Roll call: Herman, Lucier, Barsky, Hartfield, Robertson, OKeefe, (6, 0)

Time in: 9:50 pm.

Councilmember OKeefe moved exit out of Executive Session and return to Regular Session. Seconded by Councilmember Hartfield.

Time out: 10:10 pm.

Roll call: Hartfield, OKeefe, Robertson, Barsky, Lucier, Herman (6, 0) 

PUBLIC HEARING None Scheduled 

NEW BUSINESS (10:12 pm)

 Ordinance No. 28-04, An Ordinance To Establish The Granville Village Managers Salary For 2005 was introduced by Vice Mayor Lucier. Second by Councilmember Hartfield. 

Discussion: Councilmember Hartfield stated that Manager Hickman does a fine job and thanked him for his work.

Mayor Robertson set the public hearing for Ordinance No. 28-04 on November 17, 04. 

 Ordinance No. 29-04 An Ordinance To Authorize The Village Manager To Execute A Lease Agreement For The Property Located At 118 South Main Street For A Sixty Two Day Period And To Declare An Emergency was introduced by Councilmember Hartfield. Second by Vice Mayor Lucier. 

Discussion: None.

Roll call on Emergency Clause: Robertson, Barsky, Lucier, Herman, Hartfield, OKeefe (6-0)

 Councilmember Hartfield moved to adopt Ordinance No. 29-04. Second by Vice Mayor Lucier.

Roll call vote on Ordinance No. 29-04: Barsky, Lucier, Herman, Hartfield, OKeefe, Robertson (6-0)

Ordinance No. 28-04 is adopted. 

 Resolution No. 04-62, A Resolution To Establish The Maximum Annual Compensation Adjustment For Fiscal Year 2005 was introduced by Councilmember Herman. Second by Vice Mayor Lucier.

Discussion: None. 

 Motion Carried. Resolution No. 04-62 is adopted.

 Resolution No. 04-63, A Resolution To Authorize The Village Manager To Advertise For Bids For The Purchase Of Water Treatment Chemicals was introduced by Councilmember OKeefe. Second by Councilmember Barsky.

Discussion: None. 

Motion Carried. Resolution No. 04-63 is adopted.

 Resolution No. 04-64, A Resolution Of Appreciation To The Denison University Panhellenic Council was introduced by Councilmember Barsky. Second by Vice Mayor Lucier.

Discussion: Mayor Robertson asked Manager Hickman to explain some of what had been done by the students. Manager Hickman stated that the students did an excellent job pulling and raking leaves, washing windows, installing storm windows, and hanging garland. He stated that there was a terrific group of young women who completed these tasks last weekend. He estimated that about 100 women helped out. Councilmember Barsky stated that the students had a good time, and when asked if the students might be willing to do another service day, she thought that they would. Mayor Robertson asked about having members from the group present at a future Council meeting to be recognized. Manager Hickman stated that a representative was not able to be there tonight, but he would check on a future date. 

Motion Carried. Resolution No. 04-64 is adopted. 

OTHER COUNCIL MATTERS Liquor License Transfer  116 E. Broadway Mayor Robertson stated that the question before Council is the request by the church for Council to also request a hearing. 

Chris Strayer, Village Planner, stated that he might be able to shed some light on the permit requests. He stated that Brews Café had previously requested a D5 permit, but one was not available. After Brews Café requested the current permit, a D5 permit became available. He stated that it his understanding that Brews Café would like to have the D5 permit used where Brews Café is now located. Council asked if the old Brews Café would still be a restaurant. Mr. Strayer stated that he was not sure. Councilmember Hartfield asked if the D5 request makes it six liquor license requests total. Mr. Strayer stated yes. She asked if they could use all of them if they bought five different buildings. Mr. Strayer stated yes if the permission to transfer is made and granted. Manager Hickman stated that they are researching who has the liquor license  and where they are for. He stated that more information will come before Council soon. Mayor Robertson asked when is the deadline to request a hearing? Manager Hickman stated in few days. Mayor Robertson stated that this matter needs to be addressed tonight. Councilmember OKeefe asked what C2 status is? Mr. Strayer stated that one classification is for beer, one is for carryout, and one is for the consumption of beer and wine.

Mr. McCullough provided a list of the permit classes and fees. They are attached as part of these minutes. 

Councilmember OKeefe stated that she heard strong comments from people about changing the characteristics of the village from family centered to adult centered activities. 

Councilmember Barsky stated that as far as the Liquor Board  it seems that if Council were to request a hearing  part of the argument needs to include that there would be adverse effects to adjacent properties. 

Assistant Law Director Gorry stated that Council can attend the hearing in opposition of the permit. 

Councilmember Herman stated that if Council takes the opposition stand, they need to have a clear idea on what the adverse effects are to the adjacent properties. 

Councilmember Hartfield stated that she thinks the church has shown some adverse effects. 

Councilmember Herman asked if Council has the option to go to the hearing as an interested party?

Assistant Law Director Gorry stated that Council needs to make a decision whether or not they want to request a hearing, and they dont necessarily have to formulate a policy. 

Councilmember OKeefe mentioned the churchs concerns of trash, safety, character, and parking. 

Councilmember Herman asked if the church had requested a hearing. It was stated yes. 

Manager Hickman stated that Assistant Law Director Gorry has stated that Council can request a hearing, but they dont necessarily need to decide on what their concerns are tonight. 

Councilmember Hartfield made a motion to join the church in a request for a hearing. Seconded by Councilmember OKeefe. Councilmember Hartfield indicated that this motion would include the transfer for a permit, as well as the new request for a permit  both hearings. 

Mayor Robertson stated that with this request Council will have the option to speak and they can decide on their stance with the matter, but it doesnt have to be tonight. 

Councilmember Herman stated that an offer to extend an invitation to the applicant (Brews Café) should be made for the next Council meeting to discuss issues relative to the concerns made tonight. Manager Hickman stated that he would contact them. 

Granville Solvents Councilmember Hartfield stated that the LSSU Committee has been made aware that the cleanup effort is finished. She stated that a request came in to have Council provide something formally written that supports the redevelopment of the site. Councilmember OKeefe asked how Council could say the site is cleaned up? Vice Mayor Lucier stated that they wouldnt need to state that the area is cleaned up, but that the request simply asked Council to support redevelopment on the land. Councilmember Herman stated that he is not sure he sees the public benefit of this recommendation by Council. Councilmember Hartfield stated that the EPA spokesman (Jerry Myers) feels that any funding is more likely with Councils support. It was stated that the site has been mentioned as a possible area for senior citizen housing. Mayor Robertson asked for the individual requesting Councils support to be invited to speak at a future meeting. 

1956 ODOT Oil Spill Manager Hickman stated that 50,000 gallons of crude oil spilled during road construction across from Raccoon Valley Golf Coarse in 1956. He stated that if the EPA is approached, they may be willing to work with Marathon and ODOT to start an investigative procedure. Vice Mayor Lucier stated that the Ohio EPA has a desire to investigate this. Council agreed to have the matter looked at.

Crosswalks @ S. Main & Newark-Granville Road Manager Hickman stated that if new signs are installed on South Main Street and Newark Granville Road it might give a false sense of security  to a point that it might be best to not have any signs. Manager Hickman stated that he is looking for Councils suggestions. Councilmember Hartfield stated that the crosswalk on South Main is very unpredictable and dangerous. Manager Hickman stated that it is younger children who tend to walk, thinking that traffic will stop. Mayor Robertson asked if we could investigate going under or over the road. Manager Hickman stated that they have looked at this, and under the road is not do-able because of sewer lines. He stated that if they went over the road, the bridge would need to be really high. Council discussed the crosswalk lights. Councilmember Hartfield stated that the South Main crosswalk is unique. She stated that it looks like an intersection in many places, but it is not. Mr. Strayer stated that design things could be done to slow down traffic. Council discussed the fines associated with the crosswalk and whether or not they work. Vice Mayor Lucier stated that if someone were caught and fined and this was publicized it might allow the fines to work. Mr. Strayer stated that Mr. Berdan had suggested a small median to be installed. Council agreed to further look at this idea in the future. 

Council Planning  Projected Issues/Dates Council had a general discussion in regards to charting topics that are in committee and when they will be coming out of committee. Mayor Robertson stated that there needs to be a better lay out of things that Council is working on. She stated that she has designated a steering committee to include Manager Hickman, Vice Mayor Lucier, and herself. She stated that when a committee has something that they think will be coming out of committee to let her know. She stated that better projecting will make it so not everything is on one agenda. Mayor Robertson indicated that this was something she wished to try and if it works  great  if not something else could be tried. Mayor Robertson stated that the dates reflected on the chart are dates that where any information is gathered it could be distributed to the committees. Councilmember Hartfield stated that some of the items listed for the committees to discuss are lengthy topics. She stated that the committees shouldnt be over burdened with lengthy topics plus the regular housekeeping things that come about. Mayor Robertson stated that any changes in the dates can be sent to her. She stated that the purpose of projecting the issues is so that Council is not in a position that they cant pass legislation because its not done in a particular committee. Councilmember Herman stated that he wished to know what was driving the need for this chart, and he indicated that he had an issue with calling it a steering committee. Mayor Robertson indicated that it doesnt need to be called a steering committee. Mayor Robertson stated that it is a flowchart, and it is not an attempt to assign work to committees. She stated that the chart simply coordinates the work with other committees, as well as the staff. Councilmember Barsky stated that for example she asked Manager Hickman to provide her with a list of priorities that the staff saw for the Planning and Zoning Committee. She stated that this way the committee can push the stuff through  set up stuff to talk about  finish it  and get it out of their committee to the next committee. Councilmember Hartfield stated that its seems like the chart is like the critical path, and she doesnt quite understand it. Mayor Robertson stated that this is not an exhaustive list. She stated that the staff is strained and that this list is a way for Manager Hickman, Vice Mayor Lucier, and herself to decide on what the agenda will be, and not just Manager Hickman. She stated that until now, Manager Hickman has been preparing what should and should not be on the agenda, and by having all three of them involved it will lessen some burden off of Manager Hickman. Mayor Robertson went on to say that this Council has worked very hard and that no other Council has worked as hard as this Council. Councilmember Hartfield asked if this chart is due to a strain on staff. Mayor Robertson stated that this strain needs to be recognized. 

 

OLD BUSINESS None Scheduled 

REVIEW OF MINUTES (Tabled) Regularly Scheduled Meeting of October 20, 2004 

COMMITTEE REPORTS (Tabled) Economic, Finance, Personnel Committee Light, Safety, Sts/Sidewalks & Utility Committee

Planning Commission Planning & Zoning Committee Recreation Commission Senior Committee 

Union Cemetery 

 ADJOURNMENT At 11:15 pm, Councilmember Hartfield moved to adjourn the meeting. Second by Vice Mayor Lucier. Motion carried, 6-0. Meeting adjourned. 

 Submitted by Melanie Schott 

Council Minutes 10/20/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES October 20, 2004

CALL TO ORDER (by Mayor Robertson at 7:30 pm) 

PLEDGE OF ALLEGIANCE (Led by Cub Scouts Pack 3) 

ROLL CALL Those responding to the roll call were, Councilmembers Barsky, Hartfield, OKeefe, Herman, Main, Vice Mayor Lucier, and Mayor Robertson; Manager Hickman and Law Director Crites. Motion carried. APPROVAL OF AGENDA (7:32 pm) Councilmember Herman moved to accept the agenda as presented, seconded by Councilmember Main. Motion carried.

 CITIZENS COMMENTS (7:33 pm) Brad Betts, leader of Cub Scouts Pack 3 and Weeblos 2 Den 1, spoke to Council to thank them for the opportunity to have the Scouts lead in the Pledge of Allegiance. He stated that by attending the Council meeting the Scouts will have partly fulfilled their Citizenship requirement.

Mayor Robertson closed public comments at 7:34 pm.

 PUBLIC HEARING (7:34 pm) None scheduled 

 NEW BUSINESS (7:35 pm) Resolution No. 04-60, A Resolution To Accept Phase V Of The Bryn Du Woods Subdivision was introduced by Councilmember Main. Second by Councilmember Barsky. 

Discussion: Manager Hickman explained that this was a typical housekeeping Resolution to accept Phase V of the Bryn Du subdivision. He stated that there is a one year warranty period with the passage of this Resolution. Councilmember OKeefe stated that she had spoke with an individual in regards to a sidewalk and wondered if this Resolution would address the situation she had previously explained to Manager Hickman. Manager Hickman stated that this Resolution does not pertain to the situation Councilmember OKeefe is referring to because its location is in the Colony. He stated that he has not forgotten about this situation, and he is still watching it. Motion carried (7-0). Resolution No. 04-60 is adopted.

 Ordinance No. 27-04, An Ordinance Providing For The Issuance Of $145,000 Of Notes In Anticipation Of The Issuance Of Bonds For The Purpose Of Paying Part Of The Costs Of Refunding The Outstanding Principal Amount Of The Villages Sewer System Mortgage Revenue Refunding Bonds Dated As Of May 1, 1991 And Constructing Improvements To The Municipal Sanitary Sewer System, And Matters Related Thereto, And Declaring An Emergency, was introduced by Councilmember Barsky. Second by Councilmember OKeefe.

Discussion: Councilmember OKeefe stated that there was a typo on Page 1  eleven years. Molly Roberts, Finance Director, took note of the error. Ms. Roberts also stated that this is the final year for this note. She stated that the Village saved roughly $100,000 in interest costs. Vice Mayor Lucier asked for further explanation on the refund for the bond. Ms. Roberts stated that this is our final refund for a one year term. Councilmember Hartfield asked if the debt for sewer service will totally go away next year. Manager Hickman stated that it will be substantially decreased, but not totally go away. Councilmember OKeefe asked for clarification on the bottom of the first page. Ms. Roberts stated that this particular area is the legal language needed to legalize the note. She stated that it needs to be tied to an actual bond. Ms. Roberts also stated that the one year note is at 2.25% interest. 

Vice Mayor Lucier moved to pass Ordinance No. 27-04 as an emergency. Seconded by Councilmember Herman. 

Roll Call Vote on Emergency Clause: Lucier, Herman, Barsky, Hartfield, Main, Robertson, OKeefe. Motion carried (7,0).

Councilmember Barsky moved to adopt Ordinance No. 27-04. Seconded by Councilmember OKeefe. 

Roll Call Vote on Ordinance No. 27-04. OKeefe, Robertson, Main, Hartfield, Barsky, Herman, Lucier. Motion carried (7,0). 

Ordinance No. 27-04 is adopted. 

 OLD BUSINESS None scheduled 

Strategic Workshop Steve Millett spoke to Council in regards to strategic planning. Mr. Millett stated that he had met with the Village staff earlier that day. He stated that they discussed the concepts of strategic planning and compiled a list of trends to gather additional data on. He stated that they also discussed short term plan objectives. Mr. Millett stated that he was struck by what little content there appears to be in the comprehensive plan in regards to Denison University. He stated that it is his belief that the stability of Granville rests on the stability of Denison University, and he advocates that they be included in the strategic plan. Mr. Millett stated that if the university population falls off or surges, it will affect the Village of Granville. Mr. Millett stated that his approach to strategic planning includes being more proactive and less reactive. He stated that the first theme the staff discussed was Denison University in terms of employment, resources, salaries, and the spending power of the student body. He stated that the stability of Granville will depend of many of these factors. Mr. Millett stated that the Village of Granville is in the process of being squished by Newark to the east and Columbus to the west. He went on to say that there is a unique ambiance in this town. Mr. Millett stated that with the States plan to bring 161 (two lanes) to Granville it is clear that they need to start laying a foundation to preserve the quality of life, while accommodating the coming growth. Mr. Millett stated that there is much more diversity in central Ohio in areas of race, religion, and ethnicity and that the strategic plan needs to include this diversity. Mr. Millett stated that it is his view that the problem is that the quality of life is a self-defeating dilemma. He stated that as people move to Granville there will not only be an increase in people, but traffic and crime. He stated that the Village needs to be proactive and admit that there are changes and to study what the changes are. He stated that there is a process with futuring and visioning, and if you do futuring without visioning  you have wishful thinking. Mr. Millett stated that there needs to be team building and the township, county, university, and possibly Newark need to be included. Mr. Millett also stated that he sees the process and product as being equally important. 

Councilmember Herman stated that Mr. Millett discussed the process, and he wondered if he could envision a timeframe or agenda to strategic planning. Mr. Millett stated that he would think that this coming Spring would be a good time to do this. He stated that, ideally, it is done parallel to the operational plan in January or February. He stated that it is still ok to do the long term planning after the operational  in March or April. Mr. Millett suggested doing the normal operational planning and then go back to the long term plan Council has from 2001. He stated that they should also gather the data of trends in a spreadsheet. He stated that Council should start with a simple economic plan, and not an elaborate one. 

Mayor Robertson stated that she wanted to propose to Council about asking MORPC to do an economic plan as they have for other areas. She asked Mr. Millett how he would see this plan fitting into his suggestions. Mr. Millett stated that he has not ever worked with MORPC. 

Councilmember Barsky stated that by collecting the data it will allow Council to see linear trends, and she asked how Council could look at what happens under different conditions. Mr. Millett stated that he could conduct a one day workshop that looks at different scenarios using software. He stated that Council should be aware that a trend analysis will not count in discontinuities, and that expert judgment analysis is needed to catch this. 

Councilmember Herman stated that he has been looking at ways to tie the budgeting process in with the planning process. Mr. Millett stated that he sees budgeting as planning, and that a lot of politics go into the budget. He stated that a three year plan is generally considered to be operational. Mr. Millett emphasized the value of futuring and stated that it helps you look at the external environment. Councilmember Herman stated that the Village tends to do a lot of incremental budgeting. He asked Mr. Millett how they can move away from that. He asked, for example, how Council should look at whether or not they should be funding sidewalks, streets, or helping the business environment. Mr. Millett stated that there will always be some element to reactive and you can never be 100% proactive. He also suggested incorporating preventative maintenance into the budget. Councilmember Herman stated that he believes about one half of the budget is fungible. He stated the importance of long term thinking. 

Mayor Robertson asked Mr. Millett about the one day workshop he spoke about. Mr. Millett stated that this could be an analysis scenario approach after the trend data has been gathered and put together. He stated that scenarios could be run to see the alternatives and what the future might look like. Mr. Millett discussed a similar workshop he held at Dension University. 

Councilmember OKeefe inquired on where the data comes from. Mr. Millett stated that future data is zero, and that the current data Council has is not arrayed. 

Councilmember Barsky asked if Mr. Millett is aware of any other municipalities doing the same kind of strategic planning he is suggesting. Mr. Millett stated no. 

Mr. Millett recommended that the next step should be for the Village staff to type out the list of trends discussed at todays workshop and distribute it to Council. Manager Hickman stated that they discussed putting the strategic plan on the calendar for January or February.

Councilmember Barsky stated that Mr. Millett has mentioned that the Village needs to think regionally  beyond the Village. She stated that one way to engage the other stakeholders is to have Mr. Millett speak to them at a Community Connections meeting in the future. She stated that this would be a chance for all of the entities to work together. Mayor Robertson stated that we are at that point. Councilmember Herman stated that the next Community Connection meeting will be November 18th. Mayor Robertson stated that the staff will work on the trend list and that Council will be talking with Mr. Millett in the near future. Council thanked Mr. Millett for his comments and suggestions. 

Mayor Robertson stated that it appears that many of the people at the Council meeting might be there in regards to the Liquor License Transfer. She stated that this topic would be next on the agenda, and she reopened Citizens Comments. 

 

OTHER COUNCIL MATTERS Liquor License Transfer Request Re-open Citizens Comments

John Minsker, Centenary United Methodists Church, spoke to Council in regards to some concerns they had with church parking and possible noise from the Brews Too establishments new location. Mr. Minsker asked if a letter written by representatives of the church was distributed to Council. Council acknowledged receipt of the letter. Mr. Minsker stated that they would like Council to consider the endless stream of adults and children that use the church facility not only on Sunday morning, but every other night of the week. He stated that the parking lot behind the church is fuller and that they are concerned that this parking lot would have even less availability due to the proximity of Brews Cafés entrance to their lot. He stated that they also have a concern with noise from the establishment, and there are concerns about the sidewalk along the building with a proposed outside stairwell. Mr. Minsker stated that an agreement was made in the 1950s between the church and Village to share the parking lot and allow public parking. 

Dale Knobel, 204 West Broadway, stated that he wanted to voice some concerns about the proposed open balcony and the use of alcohol. He stated that he feels the business could operate without this particular feature. 

Vice Mayor Lucier asked if Mr. Knobels concerns were about the liquor license transfer or the open balcony and parking. Mr. Knobel stated that the church is not happy with the liquor license being within twenty feet of the church. 

Councilmember Barsky asked if the concerns are in regards to the balcony or because of the use of alcohol in a public space, and what if the alcohol is kept in a private space? 

Mr. Knobel stated as a resident of Broadway and the areas family friendliness atmosphere, he feels that particular location is not an appropriate outdoor location to serve alcohol and that there could be a better one. 

Councilmember Herman asked about the church parking lot and when it is typically used. Mr. Knobel stated that any night of week and not just on Sunday mornings. 

Vice Mayor Lucier asked if there was a current problem with the parking lot and is the church afraid that Brews Cafés new location will worsen the problem? Mr. Knobel stated that parking is dodgy. 

Mayor Robertson asked for more information about the agreement between the church and Village in regards to public parking on the lot. Mr. Minsker stated that he was not around for these conversations, but Buck Sargeant was. He stated that he was told by Mr. Sargeant that there was nothing written down in regards to this agreement, but it was an oral agreement. He stated that there was a land swap when the church built their educational building. He stated that the church agreed to allow public parking on the lot. 

Mayor Robertson closed Citizens Comments at 8:50 pm.

Councils Discussion of Liquor License Transfer  Councilmember Barsky stated that she sees all of the concerns raised not pertaining to the serving of liquor itself, but concerns with neighbors.

Vice Mayor Lucier stated that the Village has the authority to say yea or nay on the serving of alcohol on public spaces, but no control on alcohol being sold within the establishment. She stated that this is handled by the State. 

Mayor Robertson stated that no alcohol can be served in a public space, and therefore it is being discussed in committee to propose a lease agreement between Brews Café and the Village for the use of the public space. Mayor Robertson stated that the Planning and Zoning Committee has discussed a possible lease agreement that would need to be approved by Council. She stated that no such recommendation has come before Council. 

Councilmember Hartfield stated that things seem to be out of sequence. She stated that better overview is needed. She stated that the Planning and Zoning Committee shouldnt be better informed than Council in regards to any kind of lease agreement.

Law Director Crites stated that there are two different issues here. He stated that the matter before Council entails an existing liquor license and its transfer from one location to another. He stated that the letter sent by the Liquor Control Board allows Council to ask for a hearing either at the Liquor Control Board or at the County seat. He stated that with all liquor license transfers, the municipality is given the right to request a hearing. He stated that neighboring establishments within so many feet of the requested liquor establishment are also given the chance to ask for a hearing. Law Director Crites explained that if Council wished to testify at a hearing, they would need to indicate this to the Liquor Board. Law Director Crites stated that the other issue is the usage of the liquor license. He stated that the transfer of the liquor license has nothing to do with how it will be used. 

Mayor Robertson responded to Councilmember Hartfields concerns and stated that although this situation seems murky, it is not. She stated that Law Director Crites has explained two separate issues before Council. 

Councilmember Hartfield stated that it is murky when you consider the community input. She stated one is linked to the other regardless of how you break it up. 

Mayor Robertson stated that the question before Council is whether or not they would like a hearing with the Liquor Control Board and the involved parties. 

Law Director Crites stated that Council has until November 8th to consider this issue. He stated that there will be another Council meeting on November 3rd. 

Councilmember Main stated that when separating out the two issues he doesnt have a problem with the liquor license transfer and he sees no reason why Council would need to request a hearing, especially if the church has the opportunity to request one on their own. Councilmember Main stated that the other issue at hand can be separated out from this and be further discussed at a later time. 

Vice Mayor Lucier stated that she agrees completely with Councilmember Main. 

Councilmember Herman stated that many of the comments/issues brought up tonight relate to Councils approval of the usage issues, and not in regards to the liquor license transfer. 

Councilmember OKeefe stated that she would prefer not to make a decision on asking for a hearing at this time and would like to hear from the community. 

Councilmember Hartfield stated that she doesnt feel Council should file for a hearing, but as good stewards of the community, if the church has concerns, she stated Council should be concerned as well. 

Councilmember Barsky stated that she agreed with Councilmember Hartfield and Councilmember Main. She stated that if Council waits to decide about the hearing until the November 3rd meeting they could see if the church wants to request a hearing, and if Council feels it is important to be a witness at the hearing. 

Mayor Robertson asked if everyone on Council could live with tabling the issue until November 3rd. There were no objections by Council. 

Jerry Martin stated that his experience with Liquor Control is that they are looking for any legal reasons why a transfer should be denied. He stated that if anyone believes they have a legal reason that the transfer should be denied, then to request a hearing. 

Councilmember Barsky asked the representatives from Centenary United Methodists Church to get back to Council by November 3rd in regards to whether or not they plan on requesting a hearing with Liquor Control. 

EXECUTIVE SESSION Pursuant to ORC 121.22(G)(2)  To consider the purchase, or sale of property&&... (118 South Main Street).

Pursuant to ORC 121.22(G)(3)  To conference with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action (118 South Main Street).

Councilmember OKeefe moved to enter into Executive Session, Seconded by Councilmember Herman.

Roll call: Herman, Lucier, Barsky, Main, Robertson, OKeefe, Hartfield (7, 0)

Time in: 9:16 pm.

Councilmember Main moved exit out of Executive Session and return to Regular Session. Seconded by Councilmember OKeefe.

Time out: 9:35 pm.

Roll call: Hartfield, OKeefe, Robertson, Main, Barsky, Lucier, Herman (7, 0) 

 REVIEW OF MINUTES Regularly Scheduled Meeting of October 6, 2004 Councilmember Barsky moved to accept the minutes as amended; seconded by Councilmember OKeefe. Motion carried, 7-0. 

MAYORS COURT REPORT  September The Mayors Court Report for the month of September was presented for review.

Discussion: Councilmember Barsky noted an increase in underage consumption. Mayor Robertson stated that many of these offenders are planting bulbs as part of their community service. 

Councilmember Barsky also noted an increase in parking ticket violations. She asked if this is due to the Denison students being back? Chief Cartnal stated that a large number of the violations are a result of complaints that are called in from residents on Burg Street. 

Councilmember Herman moved to accept the September reports; seconded by Councilmember OKeefe. Motion carried 7-0.

Mayor Robertson instructed the report be filed with the Clerk. A copy of the said report is included as part of these Minutes. 

MANAGERS REPORT  September The Managers Report for the month of September was presented for review. 

Discussion: Councilmember Barsky asked Manager Hickman if everything in the report appeared to be normal from his perspective. Manager Hickman stated yes. 

Vice Mayor Lucier inquired on when the State freeze is expected to kick in. Manager Hickman stated that this is expected for next year, but it is not yet a for sure thing that is going to happen. Manager Hickman stated that State monies are all in the general fund. He stated that this year they projected to have $200,000, and next year the projection is for $190,000 as revenue. 

Councilmember Main moved to accept the August report; seconded by Councilmember Barsky. Motion carried 7-0.

 Mayor Robertson instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes. 

COMMITTEE REPORTS 

Economic, Finance, Personnel Committee (EFP)  Hartfield, Herman, Lucier Councilmember Herman stated that the committee discussed pay for village staff. He stated that the pay Ordinance will be proposed for introduction at the next Council meeting. He stated that the committee looked at cost of living raises (2.7%) and merit raises (1.3% - 2.3%). He stated that due to the excellent job done by Molly Roberts on health care coverage, the committee felt the healthcare savings could help offset the costs for pay increases that the committee is recommending. Councilmember Herman stated that the merit raises will be given at the discretion of Manager Hickman and department heads. 

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU)  Lucier, Hartfield, Main Committee will meet October 29th at 9:00 am. Planning Commission  OKeefe Councilmember OKeefe stated that it was a short meeting. She stated that plans for an addition for a house on Summit Street was denied. She stated that the committee felt the proposed addition would detract from the character of the home. Councilmember OKeefe stated that a request for a Remax building sign will revert back to red, white, and blue. She stated that various fences were also approved. Councilmember OKeefe stated that a request made by Green Velvet (formally Mom and Me) was tabled. 

Senior Committee  Robertson Mayor Robertson stated that the committee met with representatives from National Church Residences and that they are very interested in preparing a proposal. She stated that their next step will be to present an artists rendering of possible proposals. Mayor Robertson stated that the committee is grateful to Keith Myers for his eye and help in this matter. 

Union Cemetery Main Councilmember Main stated that the annual Halloween tour will take place on October 28th. He stated that there is always a need for volunteers to be stationed at different locations to watch for vandalism and such. 

 

Planning & Zoning Committee (P&Z)  Barsky, OKeefe, Robertson Councilmember Barsky asked if the LSSU committee received the Thoroughfare Plan. Committee members stated that they had received it the day before. 

Vice Mayor Lucier asked if Council could take a minute to discuss the potential proposals for 116 East Broadway, since they were discussing issues relating to the Planning and Zoning Committee. She asked if it is necessary to have the committee (and others) do all of the work in preparing the lease if this Council were to decide that they wouldnt want to make public property available for the usage being proposed.

Councilmember Barsky stated that this was a good question

Councilmember OKeefe asked how we arrived at the current timeline?

Councilmember Barsky stated that she believes the village staff suggested that the applicant come to the Planning and Zoning Committee to talk about what the concerns were and what their plans were. She stated that it then became an issue of whether or not the existing structure and proposed structure were on public property. Councilmember Barsky stated that a survey was done, and if she recalls some of the conversations correctly, she believes the applicants attorney disputes that it is considered public property. It was stated that the survey showed the structure to be on public property. She stated that the idea of a lease agreement between the Village and the applicant was then derived. 

Vice Mayor Lucier stated that she understood how the situation came to this, but she wondered if Council were to make a decision on whether or not they want to make public property available, it could change some of the circumstances. She stated that if Council were to decide to not make public property available, then the committee would not need to go through the work of negotiating a lease.

Councilmember OKeefe asked Councilmember Hartfield if her question earlier was why this went to the Planning Commission and then the BZBA? 

Councilmember Hartfield stated that it seemed that we have the cart in front of the horse, so to speak. She asked why the applicant is before the Planning Commission with an architectural design for use of public property that has not been approved by Council. She stated that this is presumptuous, and a lease is presumptuous. She stated that it is her opinion that the transfer of a liquor license is presumptuous. She stated that she believes there should have been approval for use of the public property before anything else. 

Mayor Robertson stated that she has seen situations like this in years past, where you wonder how did we get here with this situation. She stated that this situation is certainly muddled. Mayor Robertson also stated that she doesnt believe the involved parties were aware that there was even an issue with part of the structure being on public property. 

Councilmember Barsky stated that this situation shows that this is certainly not a clear orderly process. 

Vice Mayor Lucier stated that she would like to propose that Council figure out a mechanism to figure out if Council wants to authorize the use of public space to build on. 

Mayor Robertson stated she sees this as reasonable.

Councilmember Main stated that in this case it is overly simplistic. He stated that the reality is that the public space is already being used. Councilmember Main stated that its hard to say you cant do something when its already being done. 

Vice Mayor Lucier stated that there is a structure there (on public property), but its not being used for business purposes.

Councilmember OKeefe stated that an existing porch is being referred to, but they are actually proposing to put a new structure up  a balcony  that could also be considered to be on public property.

Councilmember Main stated that if Council decides to say no to this proposal, he thinks that having the legal issues researched is something that needs to be done. 

Mayor Robertson stated that the difficulty here is that no one knew this was public property, the survey told us that it was. 

Councilmember OKeefe stated that she would be for authorizing the use of the public space, but the other decision Council needs to make is if it should be authorized to use when there is alcohol served. 

Mayor Robertson stated that the space cannot be used to serve alcohol, unless Council agrees to lease the land to the owner. 

Councilmember Main inquired if it is illegal to serve alcohol on public property. He asked how it is served in student unions. It was unclear if alcohol is permitted at state university student unions. It was suggested by Mayor Robertson that the use of alcohol in a public space might be something that Law Director Crites could further research. 

Councilmember Barsky stated that the lease agreement was on the Council agenda and then taken off. She stated that she would prefer that the committees know when any matter will be on the agenda. 

Councilmember Herman stated that he doesnt mind this matter being looked at in committee before it comes before Council. He stated that this is what the committees are for. 

Councilmember OKeefe stated that these are the kinds of situations Council is unable to predict. She stated that the applicant has also had to go through a lot of hoops. 

Mayor Robertson stated that when the process is working fine, Council doesnt notice. She stated that most of the time the process does work just fine. Mayor Robertson asked if Mr. Martin was aware that the lease went on the agenda. Manager Hickman stated yes he was at the meeting both times the issue went on the agenda.

Mayor Robertson moved on to other Council matters. 

OTHER COUNCIL MATTERS Ohio Veterans Association  Mayor Robertson stated that there will be a dinner and dance on October 30th where volunteers are needed to help work. Councilmember Main asked if this pertained to the group being deployed? Mayor Robertson stated yes, and that the letter explains there will be a farewell gathering on October 31st. She stated that the dinner will be First Baptist Church in Heath and the dance will be at the Advantage Club. She asked for anyone able to help to contact Bev Adzic. Councilmember OKeefe added that it might be good to have this advertised to the community in the newspaper.

Other  Councilmember Barsky stated that the Tree and Landscape Committee would like to designate a tree for the Bicentennial. She stated that they have chosen the tree closest to the corner of Prospect St. and Broadway St. (next to the post office. She stated that the tree is not 100 years old, but they want to dedicate it on Arbor Day in the Spring. Mayor Robertson asked if they would like a proclamation, and Councilmember Barsky believed they would. 

Mayor Robertson stated that she would like to have a mailing in regards to Issues 15 and 16 on the ballot. She stated that the mailing would go to members of the community who receive a water bill. She stated that Council is permitted to send out factual information, as long as it is not persuasive to one side or the other. She suggested putting the actual ballot language on a postcard with a paraphrase explaining the legal language. She stated that all but two members were supportive of Issue 15, and all seven members of Council supported Issue 16. Mayor Robertson stated that they could list the names of the members of Council who supported the issues. Councilmember Hartfield stated that even though this is permitted, it seems political. Mayor Robertson stated that not bringing the issues to the peoples attention could also be perceived as being political. Councilmember Herman suggested that if there is any paraphrasing done it should be done by a neutral organization without political ties, such as the Women League of Voters. Councilmember Main stated that he questions if there is enough time for such a mailing, and who would do it, and how much would it cost? It was stated that the mailing would go to anyone who receives a water bill; Manager Hickman estimated that number to be approximately 1100. Councilmember Hartfield suggested removing any endorsements and just having the language. She stated that she understands that the ballot language can be unclear. Councilmember Barsky clarified if Councils decision was to have Law Director Crites (and his wife whom is a member of the Women League of Voters) take care of the paraphrasing with the ballot language. Council agreed and asked Manager Hickman to have the mailing sent out as soon as possible. 

Councilmember Barsky stated that she had the opportunity to ride with 3 Granville officers while patrolling their late night shift. She stated that it was good experience for her, and she encouraged other members of Council to do the same. 

 ADJOURNMENT (10:30 pm) Councilmember Barsky moved to adjourn. Second by Hartfield. Motion carried, 7-0. Meeting adjourned.

 Submitted by Melanie Schott 

Council Minutes 10/6/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES October 6, 2004 

CALL TO ORDER (by Vice Mayor Lucier at 7:32 pm) 

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were Councilmembers Barsky, Hartfield, Main, OKeefe, and Vice Mayor Lucier. Law Director Crites and Manager Hickman. 

It was stated that Mayor Robertson would be late. 

Councilmember Barsky moved to excuse Councilmember Herman and Mayor Robertson. Second by Councilmember Main. 

 APPROVAL OF AGENDA (7:35 pm) Vice Mayor Lucier moved to amend the agenda by eliminating Item 7C (Ordinance No. 26-04) because she was advised by Manager Hickman to do so. Second by Councilmember Hartfield. 

 Councilmember Main moved to accept the agenda as amended. Second by Councilmember Hartfield. 

CITIZENS COMMENTS (7:35 pm)

No one appeared to speak. Vice Mayor Lucier closed citizens comments at 7:36 pm. 

PUBLIC HEARING Ordinance No. 24-04, An Ordinance Approving And Adopting The Bail Bond And Guilty Waivers Schedule For The Village Of Granville, Licking County, Ohio. 

 No one appeared to speak for or against Ordinance No. 24-04. Vice Mayor Lucier closed the public hearing at 7:37 pm.

 Ordinance No. 25-04, An Ordinance To Amend Ordinance No. 26-03 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2004 And Revising Sums For Operating Expenses. 

 No one appeared to speak for or against Ordinance No. 25-04. Vice Mayor Lucier closed the public hearing at 7:37 pm. 

NEW BUSINESS (7:37 pm)

 Resolution No. 04-58, A Resolution Accepting The Amounts And Rates As Determined By The Budget Commission And Authorizing The Necessary Tax Levies And Certifying Them To The County Auditor was introduced by Councilmember Barsky. Second by Councilmember OKeefe.

Discussion: Molly Roberts, Finance Director, was present to address any concerns/questions Council had. She stated that the Resolution was annual housekeeping required by the Ohio Revised Code. Councilmember Barsky inquired if the Resolution speaks of the tax budget passed in July of 2004. Ms. Roberts stated yes. Councilmember Barsky also noticed a grammatical error/typo in the Resolution. Manager Hickman stated that the Resolution comes from the County in this form, and they do not have the capability of correcting it. 

Roll Call Vote: Hartfield, Barsky, Lucier, OKeefe, Main (5- 0).

Resolution No. 04-58 is adopted.

 Resolution No. 04-59, A Resolution Opposing The Cutting OR Freezing Of The Local Government Fund And Local Government Revenue Assistance Fund was introduced by Councilmember OKeefe. Second by Councilmember Barsky.

Discussion: Councilmember OKeefe asked does this Resolution have any teeth? Ms. Roberts stated that the Resolution is an attempt to move in that direction. Councilmember OKeefe then asked if the Resolution would go to the state legislature. Ms. Roberts stated yes. Councilmember Barsky stated that the Ohio Municipal League has also discussed the issues associated with Resolution No. 04-59. Vice Mayor Lucier added that action on this Resolution is appropriate, especially after receiving the recent letter from a state senator regarding local funds. 

Roll Call Vote: Lucier, Main, Barsky, Hartfield, OKeefe (5- 0).

Resolution No. 04-59 is adopted. 

 Schedule Appeal  An appeal on BZBA Application No. 04-096 was scheduled for November 3, 2004. 

 

OLD BUSINESS

 Ordinance No. 23-04, An Ordinance Granting A Non- Exclusive Franchise To FrontierVision Operating Partners, L.P. D/B/A Adelphia Cable Communications (The Grantee( To Construct, Operate, And Maintain A Cable System In The Village Of Granville, Ohio (The Grantor); Setting Forth The Terms And Conditions Accompanying The Grant Of The Franchise; And Providing For Regulation And Use Of The System was removed from the table by Councilmember Hartfield. Second by Councilmember Barsky. 

Discussion: Councilmember Hartfield moved to Withdraw Ordinance No. 23-04. Second by Councilmember Barsky. 

 Ordinance No. 24-04, An Ordinance Approving And Adopting The Bail Bond And Guilty Waivers Schedule For The Village Of Granville, Licking County, Ohio was reintroduced and moved for adoption by Councilmember OKeefe. Second by Councilmember Barsky. 

Discussion: Law Director Crites stated that he was asked to look at the Bail Bond and Guilty Waiver schedule. He stated that Chief Cartnal had also looked at the schedule. Law Director Crites went on to say that he pulled bond schedules for all of central Ohio and that this Ordinance is well within reason. Law Director Crites stated that the bond schedule needs to be updated on a more regular basis. He stated that there was some question as to whether or not the Mayor alone had the authority to accept the schedule. He stated that Mayor Robertson thought that it would be appropriate to bring the matter before Council, and that he concurred with her thoughts. Councilmember OKeefe asked if the fees in the Ordinance are similar to other municipality fees. Law Director Crites stated yes.

Councilmember Barsky asked how the patrolmen would get this information, and would a copy of the Ordinance go to each officer. Manager Hickman stated that he can talk with Chief Cartnal, but he believes information like this gets transmitted during periodic training sessions. He stated that Law Director Crites also attends the training sessions. Law Director Crites and Manager Hickman indicated that copies of the Ordinance could be passed out to each officer if this is what Councilmember Barsky would like to see happen. It was decided to distribute a copy of Ordinance No. 24-04 to each officer. 

Roll Call: Hartfield, Main, Lucier, Barsky, OKeefe (5-0).

Ordinance No. 24-04 is adopted. 

 Ordinance No. 25-04, An Ordinance To Amend Ordinance No. 26-03 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2004 And Revising Sums For Operating Expenses was reintroduced and moved for adoption by Councilmember OKeefe. Second by Councilmember Hartfield. 

Discussion: Molly Roberts, Finance Director, stated that this should be the last adjustment unless something unforeseen were to come up. 

Roll Call Vote: OKeefe, Barsky, Lucier, Main, Hartfield (5- 0).

Ordinance No. 25-04 is adopted. 

REVIEW OF MINUTES Regularly Scheduled Meeting of September 15, 2004 Councilmember Main moved to accept the minutes as amended. Second by Councilmember Barsky. Motion carried, 5-0. 

 

COMMITTEE REPORTS Economic, Finance, Personnel Committee Vice Mayor Lucier updated Council on a meeting that took place in regards to discussions of the benefits and costs of an annexation of property located on River Road that would include water and sewer extension She stated that it was a good discussion, there were a lot of good questions. Vice Mayor Lucier stated that the property owners wanted to know how much it would cost to pay for the extension of water and sewer. She stated that the staff is now going to work on different models to see how the finances could be worked out between the village and property owners. She stated that these models would be looked at and discussed at the next meeting, and all of the property owners would be invited. Manager Hickman stated that he would have a written report from the meeting for Council. It was stated that the next meeting date has not yet been determined. Light, Safety, Sts/Sidewalks & Utility Committee Councilmember Hartfield stated that several letters in regards to traffic calming, noise, speed bumps, and safety were discussed. Some of the areas mentioned included E. College Street, Samson Place, and Sunset Street. Councilmember Hartfield stated that Captain Bob Otter was at the meeting and stated that the fire department feels that speed bumps would hinder the response time for emergency vehicles, as well as damage the emergency equipment. Councilmember Barsky asked what some alternatives might be. Councilmember Hartfield stated that staggered parking and/or better enforcement could be an alternative. Councilmember OKeefe asked if the speed bumps will affect the response time. Councilmember Main stated that it would because the emergency vehicle has to come to a complete stop before going over the speed bump. Councilmember OKeefe stated that she had never thought of this being an issue. Manger Hickman stated that the volume of traffic on these streets does seem to help in regards to the speed issue and traffic calming. Council discussed Chief Cartnals knowledge of these concerns. Manager Hickman stated that he is aware of most of these concerns, and he will be at the October 20th Council meeting if Council has further comments/questions for him. 

Councilmember Hartfield stated that the LSSU committee also approved the banner designs, color, etc. for the Bicentennial Commission. She stated that removable brackets will be installed to hold the banner, when the hangers are removed the brackets are not intrusive. 

Councilmember Hartfield stated that the committee also discussed a crosswalk on Newark-Granville Road. She stated that many have commented on the danger of the crosswalk and that additional signage will be installed to warn pedestrians that traffic may not stop while they are crossing. It was stated that the crosswalk is an attempt to connect one bike path to another. 

Planning Commission Councilmember OKeefe stated that the committee discussed the 116 East Broadway property. She stated that Pastor Steve Cramer (Centenary United Methodist Church) and Ben Rader attended the meeting to voice their concerns with the proposed balcony. She stated that both gentlemen stated that they want to be a good neighbor, but they have concerns with parking, trash, and other things associated with having a balcony. Councilmember OKeefe stated that the balcony would be non-smoking. Councilmember OKeefe stated that the architecture for the balcony was approved with a screen on the east side. She stated that issue now goes to the BZBA Board to address parking. 

Councilmember OKeefe stated that there was much discussion in regards to the Summit Street addition. She stated that this matter was tabled. 

Councilmember OKeefe stated that the committee discussed the JEDD document. She stated that the committee suggestions included seeking out light manufacturing businesses that are non-polluting and low in noise. She stated that some suggestions included a machine shop, baker, growers, or any small business. She stated that the committee stressed that service type businesses shouldnt be the only types of businesses targeted. Councilmember OKeefe stated that the committee would also like to see the development to be a little more dense. Councilmember OKeefe ended by saying that Chris Strayer, Village Planner, would be emailing out minutes from the meeting. 

Planning & Zoning Committee Councilmember Barsky stated that the committee discussed the 1st Federal/116 E. Broadway property. She stated that the committee has determined that the village does own the land and that some type of lease agreement needs to be created. She stated that Law Director Crites is working with the property owner on this lease agreement. 

Councilmember Hartfield asked if the committee has decided to allow this. Councilmember Barsky stated yes. She stated that the recommendation by the Planning and Zoning Committee would come before Council. She stated that Council would need to determine whether or not to approve the lease agreement. 

Councilmember Barsky stated that the committee is still discussing sub division regulations. 

Recreation Commission Councilmember OKeefe stated that she did not attend the last meeting, but does have the minutes. She stated that the committee is considering a levy for 2005. Councilmember OKeefe also updated Council on a previous meeting where concerns were raised about the need to have water and sewer at the Raccoon Valley playing field. Councilmember OKeefe ended by saying that there has been much growth with the Recreation Commission. 

Mayor Robertson arrived at 8:14 pm. 

Senior Committee No Report.

Union Cemetery Councilmember Main mentioned that there will be the annual Halloween Walk-thru on October 28th. 

 OTHER COUNCIL MATTERS Licking County Convention & Visitors Bureau Mayor Robertson stated that she would serve as the liaison to the Bureau. Community Connection Meeting  Councilmember Barsky stated that there were four developers represented at the last meeting (one on tape.) She stated that there were discussions by these developers that historically it has been difficult to develop in Granville. She stated that the developers presented some of their own histories. Councilmember Barsky stated that some of the thoughts included Granville not being able to ignore commercial development. 

 Councilmember Barsky stated that there were a number of suggestions in regards to alleviating these types of concerns, and they might be worth looking at. She went on to say that there was a facilitator present at the meeting who basically watched the time when each party spoke. Councilmember Barsky stated that the meeting ended early because two people who were supposed to be there, were unable to attend. She stated that in her conversations with Pat Moller, they both believed that they should have had conversations with the chairs of the other sub- committees. Councilmember Barsky stated that on October 18th there will be another meeting in a similar forum as the last meeting. She stated that Keith Myers, Stephen Fowler (Newark Economic Development), and Kimberly Gibson (Mid-Ohio Regional Planning Commission) would be invited. She stated that she and Ms. Moller will be structuring questions for the October 18th meeting. Councilmember Barsky stated that she will be meeting with the facilitator on October 7th. She stated that as for the $150 appropriation for the facilitator, Council agreed to approve the expenditure if there was an agenda. She stated that without an agenda, it would not be clear what Council would be approving the funds for. Councilmember Barsky stated that she still doesnt have an agenda. Councilmember Barsky stated that Ms. Moller has contacted Jerry Griffin and Clark Berdan in regards to having a meeting so they could present some of their data. She stated that she could envision the cost for the facilitator to increase, if Mr. Griffin and Mr. Berdan would like the facilitator present at the meeting for forums that their sub committees plan. She stated that she needs to talk with Ms. Moller to confirm this. Councilmember Barsky stated that the rationale for having a facilitator is due to a previous heated discussion where the conversations went in different ways. She stated that the facilitator does provide structure to the meetings. 

Councilmember Main stated that he would favor paying for the facilitator. He stated that it is not much money and a facilitator would allow the meetings to be controlled where you can avoid the kind of conversations Councilmember Barsky was alluding to. 

Councilmember OKeefe asked Councilmember Barsky if she was saying that the facilitator allowed the meeting to be more productive. Councilmember Barsky agreed. 

Mayor Robertson stated that by the end of the meeting she was surprised at some of the comments made by two of the developers. She stated that she asked to speak with them further, but neither one has moved to contact her. Mayor Robertson stated that she was asked (at the last Council meeting) to have a conversation with Pat Moller about the facilitator fee. She stated that she sent several email messages to Ms. Moller, but never received an email back concerning the fee. Councilmember Hartfield asked if Mayor Robertson received an email from Ms. Moller indicating that she had personal plans to tend to. Mayor Robertson stated that she did receive an email, but that they never were able to discuss Council paying for a facilitator. 

Councilmember Main asked if there were minutes taken at the meeting. Councilmember Barksy stated yes, but she hadnt yet had a chance to get them to Council. She stated that she would talk with Ms. Moller because she believed that the facilitator has also gathered some information she could pass on to Council. 

Other Councilmember Hartfield asked Manager Hickman if an EFP meeting should be scheduled to discuss wage issues. Manager Hickman stated yes, and that he would send out an email to arrange a meeting. 

Councilmember OKeefe noted the following meeting time: Planning Commission  October 11th

Councilmember Hartfield noted the following meeting time: LSSU Committee  October 29th  9:00 am. 

 ADJOURNMENT At 8:27 pm, Councilmember Main moved to adjourn the meeting. Second by Councilmember OKeefe. Motion carried, 6-0. Meeting adjourned. 

 Submitted by Melanie Schott 

Council Minutes 9/15/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES September 15, 2004

CALL TO ORDER (by Mayor Robertson at 7:30 pm) 

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were, Councilmembers Hartfield, OKeefe, Herman, Vice Mayor Lucier, and Mayor Robertson; Manager Hickman and Law Director Crites. Motion carried. Vice Mayor Lucier moved to excuse Councilmembers Barsky and Main. Seconded by Councilmember OKeefe.

 APPROVAL OF AGENDA (7:34 pm) Councilmember Herman moved to accept the agenda as presented, seconded by Councilmember OKeefe. Motion carried.

 CITIZENS COMMENTS (7:34 pm) Mayor Robertson and Vice Mayor Lucier reported on their recent trip to Granville, Massachusetts. They passed out samples of cheese that was made there. Mayor Robertson stated that there was a historic pageant that Granville, Ohio was featured in. Vice Mayor Lucier stated that the pageant showed reenactments of people from Granville, Massachusetts saying goodbye to the people migrating westward to Granville, Ohio. Mayor Robertson stated that they were given a grand tour of Granville, Massachusetts, which is quite large geographically, with 77 miles of road. Vice Mayor Lucier stated that apples are a major crop there, and Mayor Robertson stated that Granville, Massachusetts is a farming community of about 1500 people. 

 No one else appeared to speak under Citizens Comments.

 Mayor Robertson closed public comments at 7:43 pm.

 PUBLIC HEARING (7:44 pm) Ordinance No. 22-04, An Ordinance To Amend Section 1189.10 Of The Codified Ordinances Of The Village Of Granville, Ohio, To Create Uniform Regulations In the Village Sign Code For Temporary Signs. 

 Discussion: No one appeared to speak.

 Ordinance No. 23-04, An Ordinance Granting A Non- Exclusive Franchise To Frontier Vision Operating Partners, L.P. D/B/A Adelphia Cable Communications (The Grantee) To Construct, Operate, And Maintain A Cable System In The Village Of Granville, Ohio (The Grantor); Setting Forth The Terms And Conditions Accompanying The Grant Of The Franchise; And Providing For Regulation And Use Of The System. Discussion: Jim Prentice, 211 Wicklow Drive, spoke to Council in regards to cable television. Mr. Prentice stated that cable television used to have safe television shows for children to watch. He stated that he doesnt believe this to be the case anymore. Mr. Prentice stated that he believes Nickelodeon television is owned by Viacom, who also owns MTV. He stated that he believes Nickelodeon is attempting to graduate their audience to watch MTV. He stated that he thinks it is a mistake to call MTV music television because there is very little music, but instead more reality type television shows. Mr. Prentice stated that he and his wife feel there are inappropriate promos and commercials during childrens programs on cable television. He stated that page 9 of the cable franchise agreement states that the cable company must provide parental control options at a reasonable cost to the consumer. He stated that he purchased this option with his digital cable, but it does not block out promos and commercials. He stated that it does block out services like MTV, rated R or PG13 programming. Mr. Prentice stated that he has also heard four letter words on CSPAN, and he remarked about an incident that happened during the Superbowl half-time show this year. Mr. Prentice stated that he has downgraded his cable service to basic cable which costs $18.00 per month. He stated he only turns on the weather and traffic stations. He stated that he needs basic cable because the neighborhood that he lives in doesnt allow a television antenna. Mr. Prentice stated that he is going to work with Village Planner, Chris Strayer, on where he might be able to place a television antenna, and he hopes his neighbors wont object. Mr. Prentice stated that it is his gut instinct that the majority of people in Granville want cable service. He stated that he just wanted to voice in a public forum that not 100% of the people living in Granville view cable television in a positive light. 

Mr. Prentice inquired on the timeframe for the next franchise agreement with Adelphia Cable. Law Director Crites stated that the agreement being looked at does not automatically renew, and it will be looked at again in five years.

Councilmember OKeefe asked if Mr. Prentice knew of any alternative cable companies. She stated that she does not have cable service. Mr. Prentice stated that he is not aware of any, but believed any other choices would involve a satellite or dish setup.

Eleanor Collin, East Broadway, spoke to Council in regards to the Adelphia Cable franchise agreement. She first asked what Mr. Prentice was proposing. She asked if he was before Council to address whether or not he should be allowed to have an antenna, and what did he want Council to do. She asked if he was suggesting that Council not renew the franchise agreement? Mr. Prentice stated that the antenna permission would be a side issue and he would see Mr. Strayer about that. Mayor Robertson asked Ms. Collin and Mr. Prentice to address Council, rather than each other. Ms. Collin inquired on Frontier Cable Company and asked if they are buying Adelphia Cable. She stated that she doesnt have children, but she also doesnt understand Mr. Prentices statements. Ms. Collin stated that she is interested in the franchise continuing because she enjoys the music channels available with digital television.

 Mr. Prentice stated that he expects the franchise agreement between Adelphia Cable and the Village of Granville to continue. He stated that he wanted to say that he is one person in the village who does not like cable television. He stated that this is his best chance to say something in a public forum. 

Mayor Robertson stated that later on when the representative from Adelphia Cable speaks, Mr. Prentice and Ms. Collins questions/comments could be addressed. 

 NEW BUSINESS (7:58 pm) Resolution No. 04-57, A Resolution Adopting The Council Decision And Findings And Conclusions Of Fact In The Matter Of The Appeal Of Joan E. And Gilbert L. Krone From The Decision Of The Planning Commission Of The Village Of Granville was introduced by Councilmember OKeefe. Second by Councilmember Herman.

Discussion: None. Motion carried (5-0). Resolution No. 04-57 is adopted.

 Ordinance No. 24-04, An Ordinance Approving And Adopting The Bail Bond And Guilty Waivers Schedule For The Village Of Granville, Licking County, Ohio, was introduced by Councilmember Herman. Second by Councilmember OKeefe.

Vice Mayor Lucier indicated that she had not received Exhibit A in her packet. Other members of Council stated that they too did not receive Exhibit A. Manager Hickman stated that he would take care of getting Exhibit A to all of Council.

Mayor Robertson scheduled the public hearing for October 6, 2004. 

 Ordinance No. 25-04, An Ordinance To Amend Ordinance No. 26-03 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2004 And Revising Sums For Operating Expenses, was introduced by Councilmember OKeefe. Second by Councilmember Herman. 

Mayor Robertson scheduled the public hearing for October 6, 2004. 

 

 OLD BUSINESS Ordinance No. 22-04, An Ordinance To Amend Section 1189.10 Of The Codified Ordinances Of The Village Of Granville, Ohio, To Create Uniform Regulations In the Village Sign Code For Temporary Signs was reintroduced by Vice Mayor Lucier. Second by Councilmember OKeefe. 

Discussion: Councilmember OKeefe stated that there is a typo on the second page  four lines from the bottom. She stated that it should read shall be placed within fifteen feet.

Vice Mayor Lucier stated that the old sign Ordinance had a distinction between political signs and election signs. She stated that the new Ordinance seems to put these types of signs in the same category. Vice Mayor Lucier asked if there are any limits on how long a sign, not connected to an election, can stay up? Law Director Crites stated that election signs would need to come down within ten days of an election. He stated that the other types of political signs Vice Mayor Lucier is referring to would fall in the thirty day category. 

She asked if a sign placed in front of a home that is being painted is considered a temporary sign. Law Director Crites read aloud Section 1189.03 in regards to temporary signs. The section stated that temporary signs are signs that are used temporarily and are not permanently mounted. Law Director Crites stated that he believes it would be considered a temporary sign, but he would need to further investigate this information for Vice Mayor Lucier. 

Vice Mayor Lucier asked what time restrictions there are on signs advertising commercial services? Law Director Crites stated that if we assume these types of signs are temporary, it can be left up for thirty days unless damaged or deteriorated. Vice Mayor Lucier asked what would happen if the sign is not damaged or deteriorated  can the sign stay up longer? She asked if there were any restrictions on the amount of time this kind of sign can be permitted. Manager Hickman asked Vice Mayor Lucier if she was asking that temporary signs for commercial services should have a time restriction? He later suggested that Council might want to look at making a restriction. 

Vice Mayor Lucier stated that signs advertising for commercial services, such as a house getting painted, are not approved by the Planning Commission. She stated that the code does not specify time restrictions for these types of signs. Councilmember Hartfield stated that it would be ridiculous to get approval for placing a sign in front of someones house when it is getting painted. Vice Mayor Lucier stated that she was not saying that people should get approval, but there is nothing in the code suggesting how long this type of sign can stay up. 

Manager Hickman stated that the code could state that contractor signs should not be up no more than thirty days. Councilmember Hartfield asked what if someone is working on a house for six months? She stated that many people use these signs for advertising what kind of work they do. 

Law Director Crites stated that the areas being discussed by Council were not reviewed. He stated that his purpose (for Ordinance 22-04) was to look at the election signs and their constitutionality. He stated that he would be happy to further look into these comments made in regards to temporary signs. He urged Council to pass the Ordinance and stated he would further research the questions raised by Vice Mayor Lucier. 

Mayor Robertson stated that realtor signs needs to be approved by the Planning Commission one time, and then they are free to place all of their signs wherever. She stated that perhaps this type of situation (commercial service signs) would fall under the same category. 

Vice Mayor Lucier stated that she appreciated Law Director Crites looking at the free speech issue and preparing Ordinance 22-04, and she whole-heartedly agrees with the conclusion. 

Roll call vote: Lucier, OKeefe, Robertson, Hartfield, Herman. (5-0)

Ordinance No. 22-04 is adopted.

Mayor Robertson stated that with the adoption of Ordinance No. 22-04, the Village is now considered to be Constitutional in this area. 

 Ordinance No. 23-04, An Ordinance Granting A Non- Exclusive Franchise To Frontier Vision Operating Partners, L.P. D/B/A Adelphia Cable Communications (The Grantee) To Construct, Operate, And Maintain A Cable System In The Village Of Granville, Ohio (The Grantor); Setting Forth The Terms And Conditions Accompanying The Grant Of The Franchise; And Providing For Regulation And Use Of The System.

Discussion: Rick Whaley, General Manager for Adelphia Cable, spoke to Council in regards to the franchise agreement. He stated that Adelphia Cable bought Frontier Vision five years ago, and they do business as Adelphia Cable. Mr. Whaley stated that the legal entity name is Frontier Vision Cable. Mr. Whaley stated that it is up to all of us to monitor what our children see on cable television. He suggested that Mr. Prentice should write to the FCC about his concerns. Mr. Whaley stated that cable companies are required to provide parental control devices, and that these devices do not allow you to block out promos or commercials. He stated that commercials pay for the programming and this is up to the owner of the program, not the cable company. Mr. Whaley stated that there really is no such thing as live television since the Superbowl incident earlier this year. He stated that all live television is required by the FCC to have a six second delay. Vice Mayor Lucier inquired on the technology to block out programming. Mr. Whaley stated that it is only available with digital cable and it will block out PG 13 and R rated programming. He stated that it can also block out an entire program, but not commercials or promos.

Mayor Robertson inquired on the franchise fee, and asked if Granville was receiving money? Manager Hickman stated that Granville does not charge a franchise fee. Mr. Whaley stated that there is an option to have 5% of the money come back to the village. Vice Mayor Lucier asked if there is a 5% reduction to customers since Granville is waiving this 5% fee. Mr. Whaley stated that if Granville wanted the fee, it would be an additional 5% on the cable bill, and it would range from $.95 to $1.25 per customer. Councilmember OKeefe asked if it was customary for municipalities to waive the fee. Mr. Whaley stated that about 25% - 30% of the municipalities charge a 5% fee. He stated that most of these areas have always charged a fee, and they rarely see new fees instituted. 

Mr. Whaley commended Law Director Crites on his negotiating skills and work on this franchise agreement. Vice Mayor Lucier inquired on what successes Law Director Crites had in negotiations. Law Director Crites explained that he is still in negotiations with Adelphia Cable, and he would be happy to share more information after they have closed the agreement. Mr. Whaley stated that the agreement began as a twenty year agreement, but after negotiations with Mr. Crites, it is now a five year agreement. He stated that another change includes Adelphia Cable providing notification to the Village if they plan to do any tree trimming. Mr. Whaley stated that 90% of cable line trimming is done by the power companies, and not by Adelphia Cable. Mr. Whaley stated that a new section will be added to the agreement which will allow for periodic annual reviews to be reported back to Council. 

Mayor Robertson inquired on whether or not public buildings receive free cable service. Mr. Whaley stated that all public buildings can receive free cable service, including township buildings, schools, and the Village fire and police. Councilmember OKeefe asked if the free cable service is the same service received in homes. Mr. Whaley stated yes. It was stated that Mr. Prentices concerns in regards to cable programming could pertain to the cable being shown at the schools, and that he could contact the Board of Education in this matter. 

Councilmember Herman inquired on what lines of business the cable companies support. Mr. Whaley stated cable television service, digital cable service, hi-definition cable service, and high speed internet. Councilmember Herman asked if they foresee any additional types of services being offered. Mr. Whaley stated video on demand and DVR (similar to Tivo) will be available in the future. 

Vice Mayor Lucier asked if you need to subscribe to the free services offered into public buildings. Mr. Whaley stated that high speed internet service is not included at a free charge, but basic cable service is.

Councilmember Herman made a motion to table Ordinance No. 23-04 pending further review and the attendance of tonights absent Councilmembers. Seconded by Councilmember OKeefe.

Ordinance No. 23-04 is tabled. 

 

REVIEW OF MINUTES Regularly Scheduled Meeting of September 1, 2004 Councilmember Herman moved to accept the minutes as amended; seconded by Councilmember OKeefe. Motion carried, 5-0. 

MAYORS COURT REPORT  June The Mayors Court Report for the month of June was presented for review for a second time. Council had asked for further explanation on an area with blank information. Manager Hickman stated that these blank areas should contain zeros. 

Council unanimously voted to accept the Mayors Court Report for the month of June. 

Mayor Robertson instructed the report be filed with the Clerk. A copy of the said report is included as part of these Minutes. 

MAYORS COURT REPORT  July and August The Mayors Court Reports for the months of July and August were presented for review.

Discussion: Chief Cartnal was in attendance to address any comments/concerns Council might have. 

Vice Mayor Lucier thanked Chief Cartnal for enforcing the no parking on a sidewalk/curb lawn. She stated that she noticed an increase in citations for the month of August. 

Councilmember OKeefe inquired in the increase in drug use and drug paraphernalia charges. She asked if this was a result of Denison being back in session. Chief Cartnal stated that these are not related to Denison and they are unfortunately periodic occurrences. 

Councilmember Hartfield moved to accept the July and August reports; seconded by Councilmember Herman. Motion carried 5-0.

 Mayor Robertson instructed that the reports be filed with the Clerk. A copy of the said reports are included as part of these Minutes. 

 

 MANAGERS REPORT  August The Managers Report for the month of August was presented for review. 

Discussion: Chief Cartnal stated that he was made aware by Manager Hickman that Council was concerned about increases in crime and how this information is tracked and reported back to Council. He stated that the FBI requires him to turn in a Uniform Crime Report, which he provided for Council. He stated that this report tracks burglaries, robberies, rapes, and murders. He stated that it does not include traffic type incidents, or underage consumption of alcohol. 

Chief Cartnal stated that there is an error in the Managers Report. He stated that the mileage for the Taurus should not read 4000 miles, but instead zero miles. He stated this would also change the total mileage for the month of August. 

Vice Mayor Lucier stated that about ten years ago universities were told that their crime statistics needed to be publicized. She asked if Chief Cartnals numbers include the Denison University statistics. Chief Cartnal stated that Denison is required to report any felonies back to them. 

Councilmember Herman stated that he has noticed a decrease in the number of home burglaries. Chief Cartnal stated that this is true, but he has however noticed an increase in car break-ins. Mayor Robertson stated that all of the numbers (all incidences) in Chief Cartnals report are under ten for the entire year. It was stated that many incidences show a zero.

Chief Cartnal distributed a sheet depicting the types of calls coming into the police department. He indicated that several things like road rage incidents and reckless motorist calls are rising and this was not the case five or six years ago. He stated that the availability of cell phones may be a reason why more of these types of calls are coming in. 

Chief Cartnal also stated that domestic disputes on the graph depict a sharp increase for 2002. He stated there were 41 incidents, and that this is double any other year. He wondered if this rise can be attributed to the economy at that time and 9/11. 

Mayor Robertson inquired on the increase in parking complaints from 1999 to 2000. Chief Cartnal stated that parking permits were distributed at that time for particular residents on Burg Street. He stated that the police did not enforce the parking permits, unless asked to by the residents. Chief Cartnal stated that this increase is a result of calls coming from those residents. 

Councilmember Hartfield inquired on the parking lot phenomenon near Napa Auto Parts. Chief Cartnal stated that he was contacted by the property owner and was aware that this has become a gathering place for young people. He stated that the property owner did talk to people gathering at his business, and explained that he didnt have a problem with them being there if they would not leave trash on the premises. Chief Cartnal stated that after three days, the trash problem was not cleaned up, and actually got worse. He stated that at the request of the property owner, the police are asking people not to gather in this location.

Vice Mayor Lucier stated that this information is very helpful and she thanked Chief Cartnal for his work. 

 Vice Mayor Lucier moved to accept the August report; seconded by Councilmember Hartfield. Motion carried 5-0.

 Mayor Robertson instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes. 

COMMITTEE REPORTS 

Economic, Finance, Personnel Committee (EFP)  Hartfield, Herman, Lucier Councilmember Herman stated that the committee is looking at some personnel issues in regards to raises, and the administration has been asked to run some different scenarios and report back as soon as possible. He went on to say that they are also looking at some possible provisions in the managers contract. 

Councilmember Herman commended Molly Roberts for being extraordinary successful in her ability to acquire health care coverage for village employees at the same premium rate of last year with the same coverage benefits and providers.

Councilmember Herman stated that there will be some upcoming discussions with Adelphia Cable.

Councilmember Herman reminded Council that there will be a September 29th meeting with River Road property owners in regards to a possible annexation. The meeting will be at Earl Shurtz business on Main Street. 

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU)  Lucier, Hartfield, Main No Report Planning Commission  OKeefe Councilmember OKeefe stated that discussions on 116 East Broadway were tabled until the boundaries are further discussed/researched. She stated that the issue of part of the changes being located on village property will be discussed in the Planning and Zoning Committee on September 23, 04. Vice Mayor Lucier asked if this issue will come before Council. Councilmember OKeefe stated that it will eventually come before Council, but will first go to the Planning and Zoning Committee. 

Councilmember OKeefe stated that the Planning Commission will have discussions concerning the JEDD at their next meeting. 

Planning & Zoning Committee (P&Z)  Barsky, OKeefe, Robertson No Report

Senior Committee  Robertson No Report

Union Cemetery Main No Report 

 OTHER COUNCIL MATTERS Licking County Convention & Visitors Bureau  Mayor Robertson stated that the bureau is seeking a member of Council to serve on the committee. She asked for anyone interested to let her know. She stated that the committee will meet one time per month and when Councilmember OKeefe asked what time she stated she believed it would be around 9:30am. Mayor Robertson stated that the letter of request asked to have nominations in by September 15th, but she was sure they would be happy to get any nominations, even late ones. Councilmember Herman stated that he thought (by the sound of the letter) that the bureau was seeking individuals from certain areas. Mayor Robertson stated that through her conversations with Marcia Phelps, she felt that a member of Council would be appropriate. It was stated that the Mayors from Heath and Newark attend the meetings. Mayor Robertson asked for this issue to be placed on the agenda for the next Council meeting. 

Community Connections Facilitator  It was stated that the meeting will be September 27th, 04. Councilmember OKeefe stated that the Planning Commission also meets on the 27th, so she will not be able to make the meeting. Councilmember Herman stated that he would not be able to make the meeting, but he thought Councilmember Barsky could. Councilmember Herman stated that the Village, Township, Chamber of Commerce, and Schools were all asked to be represented at the Community Connection meeting. Councilmember OKeefe asked if there were minutes from the meeting. Councilmember Herman stated that he did not have any detailed information. He stated that he was unsure what the agenda of the next upcoming meeting would be. He stated that he had not had an opportunity to check his email that evening, and there could be an email pertaining to the meeting agenda. Councilmember Herman stated that he was not sure if this meeting was going to be a follow-up to a previous meeting that Councilmember Barsky had attended. He stated that he was not able to be there, but he was told that several people with interests in areas of development were asked to attend. He stated that there has been some discussion about forming panels, but he is not sure what roles they would play, or who would be asked to serve on them.

Mayor Robertson stated that she too was not aware of the content of the September 27th meeting, and that she did had a conversation with Pat Moller. Council referred to a $600 fee for a facilitator at the meeting, and that Council was being asked to contribute $150 as their contribution for the facilitator. She stated that she was told by Ms. Moller that the $600 fee used to pay the facilitator would be for six hours of work, and that this work would not just include the meeting time. She stated that she was told that there would also need to be some preparation work done. Mayor Robertson stated that she feels it would be wise for the facilitator to meet with each of the four entities (Village, Township, Chamber of Commerce, and School District). 

Councilmember OKeefe asked if there was a formal request for the village to make a contribution for the facilitator. Councilmember Herman stated that he and Councilmember Barsky were emailed. 

Councilmember Hartfield stated that she could ask Pat Moller to send an outline to all Council members. 

Councilmember Herman stated that he saw two issues. The first was the payment for the facilitator, and the second was what will be taking place at the meeting. 

Vice Mayor Lucier stated that she does have concerns with what will happen at the meeting. She stated that she did attend the second big meeting, where three committees were formed. The first was Commercial Development, the second was Residential Control/Development, and the third Data. She stated that she would have some reservations paying for a facilitator if the input from these three committees is not included. She stated that the committee she was on did a good deal of work on commercial development and some of the difficulties associated with commercial development, and she didnt want to see this aspect not be included. Councilmember OKeefe stated that she agreed with Vice Mayor Lucier, and that the facilitator should contact all four entities, as well as each of the three sub-committees. 

Mayor Robertson suggested that perhaps Council could approve the expenditure pending further explanation of the concerns raised by Council. She stated that she would not have a problem appropriating more money if it meant the facilitator would meet with representatives from Council, as well as the other groups and sub-committees. 

Councilmember OKeefe asked if there was a title to the meeting. Councilmember Herman stated that she has seen all of the information he has, and to his knowledge there isnt a title. Mayor Robertson stated that all of the information received by Council isnt really an explanation of the meeting. Councilmember OKeefe asked if someone could go back to Ms. Moller and get further information on these concerns raised by Council. Councilmember Herman stated that there could be an agenda, that he just hasnt received. Mayor Robertson stated that she has been copied on emails coming from Councilmember Herman, but she has not received any emails from Pat Moller. 

Councilmember Herman stated that he was not sure what the goal of the facilitator is. He stated that he wants to be supportive, but he senses some process concerns and wonders what exactly Council would be buying. He suggested approving the expenditure as long as an agenda is provided and some ground work is done before the meeting on the 27th. He stated that it appears Council is in agreement that they would like the facilitator to meet with a representative from Council, as well as have discussion/input from someone that was on each of the sub- committees before the September 27th meeting. Councilmember Herman stated that he would be willing to contact Ms. Moller the following day with the concerns raised by Council.

Vice Mayor Lucier stated that she would not be supportive of this because she fears the September 27th meeting could be an attempt to move the commercial development issue forward, while excluding input from other sub-committees. She stated that there is not enough time for the facilitator to do a thorough job and meet with all of the entities and sub-committees. Councilmember OKeefe agreed. 

Councilmember Hartfield stated that it would be wise to not jump to conclusions. She stated that Council is not sure what the agenda for the meeting is. 

Mayor Robertson agreed with Councilmember Hartifield. She stated that Council needs to go into this with a positive attitude about what is being planned, but they do need to be aware of what it is that is being planned. She stated that she would be satisfied, personally, if the facilitator does his homework and we have an agenda before the meeting. Councilmember Herman stated that he would be less comfortable contacting Pat Moller with no consensus from Council. He suggested that Mayor Robertson should do the contacting. Mayor Robertson stated that she would have a conversation with Ms. Moller and let her know of Councils concerns, but she would still need the authority from Council to appropriate the money. Manager Hickman stated that the funds are available and a requisition could be made out at any time. He stated that he is not worried about the appropriation, but more that Council is in agreement. Mayor Robertson stated that she could contact Ms. Moller and let her know that a majority of Council would be supportive of appropriating the money if the said list of things happen, and Council would not be supportive of spending the money for the facilitator if these things dont happen. Mayor Robertson stated that when she contacts Ms. Moller, she needs to know she is backed by this Council. Councilmember Herman stated that he would like to see an agenda and what the goals for the meeting are, and he would then support spending the fee for the facilitator.

Vice Mayor Lucier stated that she would support the contribution to hire a facilitator if the meeting would include information from all three sub-committees, and not just focus on commercial development. 

Councilmember Hartfield stated that she felt people were jumping to conclusions and it is important to remember why the Community Connection Committee was started. She stated that Council should stay in the spirit that this started for the good will of the community. 

Mayor Robertson stated that she will make Pat Moller aware of several concerns she is hearing from this Council. The first is an agenda with a goal stated, representation from all three sub-committees, and having the facilitator do some preliminary work with these sub-committees. 

Councilmember OKeefe stated that Council doesnt want to give ultimatums, but to make their concerns heard. 

Vice Mayor Lucier stated that there is no point is having these other sub-committees if their input isnt counted. 

Manager Hickman ended by saying the money is available in an account and a requisition could be made out. 

 ADJOURNMENT (9:26 pm) Councilmember OKeefe moved to adjourn. Second by Hartfield. Motion carried, 5-0. Meeting adjourned.

 

 Submitted by Melanie Schott 

Council Minutes 9/1/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES September 1, 2004 

CALL TO ORDER (by Mayor Robertson at 7:33 pm) 

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were Councilmembers Barsky, Hartfield, Herman, Main, OKeefe, Vice Mayor Lucier and Mayor Robertson. Law Director Crites and Manager Hickman. 

 APPROVAL OF AGENDA (7:34 pm) Mayor Robertson moved to add Senior Committee (Item 11) under Committee Reports (Item 11G) on the agenda. Councilmember Herman moved to accept the agenda as amended. Seconded by Councilmember Hartfield. 

CITIZENS COMMENTS (7:35 pm) Jodi Weaver-Chiles, 2591 North Street, Bicentennial Commission  spoke in regards to banners the Bicentennial Commission proposes to place on light posts in Granville. She stated that she has been working with Village Planner, Chris Strayer, and they would like to put the banners on two light posts at the corner of Broadway and Prospect, as well as two posts on Main and Broadway. Ms. Chiles stated that each light post within those two perimeters would also have a banner. Ms. Chiles stated that the banner would be held up by removable brackets attached to the light posts, and it would be possible to put various other banners on the same brackets. She stated that the brackets would remain on the posts, but they are also removable. Councilmember Barsky inquired on the cost of the banners. Ms. Chiles stated that it depends on several variables. She stated that it would depend if the banners are printed on both sides, and if they are made of nylon or polyester. Ms. Chiles estimated the cost to be somewhere around $100 - $150 for double-sided banners. Vice Mayor Lucier stated that she was aware of several businesses off of Prospect and Main streets that would like to have banners placed on light posts near their businesses. Ms. Chiles stated that Mr. Strayer had suggested a more even look since some of the light posts in these areas seemed to be sporadic. She stated that some of the trees on Main street may hinder the visibility of the banner. Ms. Chiles agreed that she would be willing to look into the possibility of placing banners on Prospect and Main streets. When Ms. Chiles was asked what her timeframe was, she stated that she would like to have the banners up for the Christmas season; She estimated six weeks. Vice Mayor Lucier stated that she really liked the Bicentennial Commissions proposal. Other members of Council agreed. Council agreed to send the proposal to the LSSU committee for review at their October 1st meeting. Ms. Chiles stated that if any member of Council has suggestions for a particular background color, please let her know. Council recommended something that is consistent with the rest of the architecture in the Village. 

Mayor Robertson moved to temporarily close citizens comments at 7:46 pm. 

PUBLIC HEARING Ordinance No. 20-04, An Ordinance To Amend Sections 331.12 Of The Codified Ordinances Of The Village Of Granville.

 No one appeared to speak for or against Ordinance No. 20-04. Mayor Robertson closed the public hearing at 7:47 pm.

NEW BUSINESS (7:48 pm)

Ordinance No. 22-04, An Ordinance To Amend Section 1189.10 Of The Codified Ordinances Of The Village of Granville, Ohio, To Create Uniform Regulations In the Village Sign Code for Temporary Signs was introduced by Vice Mayor Lucier. Second by Councilmember OKeefe.

Mayor Robertson set the public hearing on Ordinance No. 22- 04 for September 15, 2004.

 Ordinance No. 23-04, An Ordinance Granting A Non- Exclusive Franchise To FrontierVision Operating Partners, L.P. D/B/A Adelphia Cable Communications (The Grantee( To Construct, Operate, And Maintain A Cable System In The Village Of Granville, Ohio (The Grantor); Setting Forth The Terms And Conditions Accompanying The Grant Of The Franchise; And Providing For Regulation And Use Of The System was introduced by Councilmember Hartfield. Seconded by Councilmember Main.

Discussion: Law Director Crites stated that this is a redline version. He stated that a member from Adelphia Cable will be present at the next Council meeting to further discuss this issue. 

Mayor Robertson set the public hearing on Ordinance No. 23- 04 for September 15, 2004. 

RETURN TO CITIZENS COMMENTS (7:53 pm)

Bicentennial Clock  Douglas Barno, 2635 Old Columbus Road, spoke to Council in regards to a proposed civic improvement project. Mr. Barno stated that the Rotary Club would like to donate a pedestal clock to the Village of Granville for the upcoming Bicentennial celebrations. He stated that the clock would be nothing short of magnificent, and would stand eleven feet tall and be in the colonial style. He stated that the clock would have etchings saying Village of Granville and Est. 1805. Mr. Barno stated that the clock would be double-sided and also would be illuminated. He stated that the clock would go with the architecture of the Village and be a forest green color with gold highlights. Mr. Barno stated that the clock would have a quiet, but noticeable chime. He went on to say that the clock would be capable of resetting itself in the case of a power outage, and it would be electrically controlled. Mr. Barno stated that the Rotary Club proposes to donate the clock, while the Village would be responsible for the maintenance and some preparation for installation. 

James Opeka, 293 Fern Hill, helped to answer some questions by Council. He stated that the clock would be two sided and look exactly the same on both sides. Councilmember Herman asked if the chimes could be turned off. Mr. Opeka stated yes. Mr. Opeka stated that the location for the clock was partially selected because the Chamber of Commerce has previously discussed locating a kiosk in Alltel Park. Manager Hickman stated that any kiosk approval would need to come from Alltel. Mr. Barno stated that the clocks mechanisms have a one year warranty. He stated that an extended warranty is available, and the Rotary would be willing to pay for this. Councilmember Herman asked what might happen if the clock breaks ten years from now; He asked who would be responsible for fixing the clock. Mr. Barno stated that the Rotary would stand behind that type of situation. Mr. Opeka stated that the approval by Council is needed ASAP since they would like to have the clock in place by New Years Eve, and the order lead-time is 90 days. Council discussed the location of the clock. Councilmember Barsky asked if the awning would interfere. Manager Hickman checked and stated no. Manager Hickman stated that after discussions with Mr. Barno and Mr. Opeka he is convinced this is the best location for the clock. Mayor Robertson asked members of Council if they would have any objections to voting on this matter tonight. Council had no objection.

Councilmember OKeefe moved to accept the donation of a clock by the Rotary Club. Second by Councilmember Hartfield. Council unanimously voted to accept the donation of the clock by the Rotary Club. 

Mr. Barno and Mr. Opeka thanked Council and stated that they would be ordering the clock the following day. Mr. Barnum also stated that if the Rotary Club can help with various projects in the community, to please let him know. He stated that they are also working on another project for Granvilles Bicentennial to place two softball diamonds at Raccoon Valley Park at a cost of $40,000. Council thanked Mr. Barno for his offer.

Mayor Robertson moved to close citizens comments at 8:06 pm.

EXECUTIVE SESSION

 Councilmember Main moved to enter into Executive Session, Pursuant to Ohio Revised Code Section 121.22 (G)(3), for the purpose of conferencing with an attorney for the public body concerning disputes involving the public body that are the subject of imminent court action (118 S. Main Street). Second by Vice Mayor Lucier. Roll Call vote: Hartfield, Herman, Lucier, Main, OKeefe, Robertson, Barsky (7-0).

Time In: 8:07 pm.

Councilmember Herman moved to adjourn Executive Session. Seconded by Councilmember Barsky.

Roll Call vote: Lucier, Robertson, Main, OKeefe, Herman, Hartfield, Barsky (7-0).

Time Out: 8:36 pm. 

RETURN TO REMAINING NEW BUSINESS (8:37 pm) Ordinance No. 21-04, An Ordinance To Authorize The Village Manager To Execute A Lease Agreement For The Property Located At 118 South Main Street For A Sixty Three Day Period And To Declare An Emergency was introduced by Councilmember Main. Second by Councilmember Hartfield.

Councilmember Main moved to declare Ordinance No. 21-04 as an emergency. Second by Councilmember Herman. 

Roll call vote on Emergency for Ordinance No. 21-04: Herman, Lucier (no), Main, OKeefe, Robertson, Barsky, Hartfield (6-1).

Roll call vote on Ordinance No. 21-04: Hartfield, Barsky, Robertson, OKeefe, Main, Lucier (no), Herman (6-1). 

Ordinance No. 21-04 is adopted.

 OLD BUSINESS Ordinance No. 20-04, An Ordinance To Amend Sections 331.12 Of The Codified Ordinances Of The Village Of Granville was reintroduced by Councilmember Barsky. Second by Vice Mayor Lucier. 

Discussion: Councilmember OKeefe asked if Ordinance No. 20-04 should be publicized. Manager Hickman agreed. Mayor Robertson asked if there has been any discussion on signs saying No U-Turn. Manager Hickman stated that additional signage could be used, however it would be his preference to not clutter the downtown area with additional signs. Council stated that the double yellow lines should indicate that no u-turns are allowed. 

Roll Call: Hartfield, Main, Lucier, Robertson, Barsky, Herman, OKeefe (7-0). 

REVIEW OF MINUTES Regularly Scheduled Meeting of August 18, 2004 Councilmember Barsky moved to accept the minutes as amended. Second by Councilmember Herman. Motion carried, 7-0. 

 

COMMITTEE REPORTS Economic, Finance, Personnel Committee Councilmember Herman made several grammatical changes to the committee meeting minutes. Councilmember Herman stated that there has been discussions to gauge interest by landowners on River Road of a possible annexation by the Village. He stated that the game plan is to send invitations to the landowners to attend a September 29th discussion at 7:30 pm. Councilmember Herman stated that he would like members of Council to attend, including Mayor Robertson. The meeting will be held at Earl Shurtzs building. Council asked if Mr. Shurtz is aware that this would be a public meeting. Manager Hickman stated yes. 

Councilmember Herman stated that Molly Roberts has made him aware of several personnel issues that need to be discussed at their next meeting. Light, Safety, Sts/Sidewalks & Utility Committee Councilmember Hartfield stated that the next meeting will be October 1, 04.

Planning Commission Councilmember OKeefe stated that several sidewalk signs were approved.

Councilmember OKeefe stated that directional signs were also discussed. She stated that the committee viewed examples of directional signs at Easton. Councilmember OKeefe stated that the Chamber of Commerce would like for the village to fund directional signs, and they would then support an Ordinance to ban sandwich signs.

Councilmember OKeefe stated Nick and Melanie Schott had a work session with the committee to discuss the possibility of rezoning an area currently zoned Residential on South Main Street/Munson Street for the purposes of installing an automatic carwash. She stated that the committee had concerns with spot zoning, as well as concerns with traffic and neighbors. She stated that the committee members indicated that they might be more supportive of the idea if there was positive feedback and support from neighbors in that area.

Councilmember OKeefe stated that the committee wants to further discuss the JEDD document at their next meeting. She stated that the committee wanted to know the vision of the JEDD in terms of types of businesses sought. She stated that they asked about light manufacturing and whether or not it would be permitted. Councilmember Barsky (who was also at the meeting) stated that she urged the committee to write down their questions, as well as provide any feedback. She added that the Township Trustees are reviewing the JEDD document in their planning committee and they should have comments back to her sometime this month. 

Planning & Zoning Committee Councilmember Barsky stated that a survey was requested for 116 East Broadway to reaffirm where the boundaries are. She stated that the committee is reviewing sub- division regulation changes proposed by Village Planner, Chris Strayer. Councilmember Barsky asked Manager Hickman to check with Doyle Clear and make sure he is aware of future meeting times. 

Recreation Commission No Report.

Union Cemetery No Report. 

Senior Committee Mayor Robertson stated that she met with a representative from National Church Residences, Trudy Knox, and Bill Wernet. She stated that it has been the Senior Committees intent to help alleviate the problem of older people feeling as though they have to move out of Granville due to inadequate housing options. She stated that they looked at several possible areas that could have buildings on them, including the back area of the Bryn Du property. Vice Mayor Lucier asked if this is a religious organization. Mayor Robertson stated that they are non- denominational, and the types of facilities they build are not considered to be assisted living. Mayor Robertson stated that National Church Residences builds all types of housing with various options. She stated that they have done some recent projects in the Columbus area. Mayor Robertson stated that they have also built nursing homes. Vice Mayor Lucier asked if they have looked at the Granville Solvents Plant. Mayor Robertson stated that they did not look at that particular area. OTHER COUNCIL MATTERS Senior Foundation Law Director Crites stated that a proposal to fund the start up costs for a 501C3 to establish a Senior Foundation came in from Trudy Knox. He stated that he was asked to research whether or not it would be permissible to use public funds for this expenditure. He stated that it is his opinion that this particular matter would not be permissible because it does not extend services, but instead the funds apply to the start up costs. Granville Solvents Update Manager Hickman stated that the area has been named clean and safe by the Ohio EPA. He stated that there are eight entities that own the property zoned in the Commercial Service District. Manager Hickman stated that due to the high costs to alleviate the problems, there are several liens on the property and back taxes are due. Manager Hickman stated that he was contacted (by letter) on issues involving the redevelopment of the property. Council was unclear as to what role they might play. Manager Hickman stated that it might be possible to use US EPA and Clean Ohio funds, as long as the funds are used for beneficial improvements of the property. Council discussed rezoning possibilities associated with the property. Vice Mayor Lucier stated that it would not be permissible to rezone the property and make it less valuable. Councilmember Hartfield stated that she didnt feel Council should have anything to do with the property due to the liens and legal issues. She wondered if the liens would carry over if the property were acquired by the Village. Manager Hickman agreed to check on the liens associated with the property, as well as have the Granville Solvents representative speak to Council at a future Council meeting. 

Trick or Treat Thursday, October 28th from 5:30-7:00. It was noted that Heath City Trick or Treat will be held on the same night.

Other Vice Mayor Lucier asked to have minutes from the Planning Commission and BZBA meetings emailed to Council after each meeting. Manager Hickman stated he would take care of the minutes getting emailed.

Councilmember OKeefe stated that there will be a meeting with Lyn Straker, Jim Havens, and Jay Hottinger attending to discuss issues facing our schools regarding municipal and school boundaries. 

Mayor Robertson stated that she attended the Community Meeting at the Davis-Shai house. She stated that the city of Heath was quite cordial, and much can be learned on the restoration project they did at the Davis-Shai house in regards to the Bryn Du Mansion. She stated that Granville will host the next Community Meeting on November 29, 04. 

Mayor Robertson stated that she attended the Newark Planning Commission meeting by invitation of Mayor Bain. She distributed copies of a letter she read aloud at the meeting regarding the Thornwood rezoning issue. Mayor Robertson stated that the Newark service director argued against the changing of zoning in this area.

Mayor Robertson stated that she and Manager Hickman met with a colleague of Councilmember Barskys, Steve Millet, to discuss strategic planning. Councilmember Barsky also attended the meeting. Mayor Robertson stated that Mr. Millet will be conducting a ½ day workshop with some of the village staff to further address strategic planning and budgeting. The workshop will be on October 20, 04. She stated that Mr. Millet will be paid the Battelle consulting rate for a half day of work, and he is then willing to work pro bono with the Council in the evening hours. Councilmember Herman inquired on the content and process of the October 20th meeting. He stated that it was his understanding that there would be some strategic indicators. Councilmember Barsky stated that they would be building on the comprehensive plan review and not redoing work that has already been done. She stated that they will analyze what type of data is needed to make decisions. Councilmember Barsky asked Manager Hickman to gather the needed information for Mr. Millet. She suggested the MORPC report, budget, and comprehensive plan update. Councilmember Herman stated that he may also want to look at the summary information he provided from eleven years ago. 

Mayor Robertson and Vice Mayor Lucier stated they will be leaving over Labor Day weekend to attend the Granville, Massachusetts celebration. Mayor Robertson read aloud a proclamation they will present at the celebration. It was stated that the trip will be funded with personal funds. 

Councilmember Barsky inquired on the Economic, Finance, and Personnel Committee looking at the Fair Labor Act updates in regards to the Municipal League. Manager Hickman stated that this issue could be added to their agenda. 

Councilmember Barsky stated that the next three Planning and Zoning meetings will be held at 2:00. 

Council reminded Manager Hickman that they still need to approve the Mayors Reports for June and July. Manager Hickman stated that he would have these on the agenda for the next Council meeting. Manager Hickman stated that the numbers Council inquired on for the reports are indeed zero. He stated that Council also inquired if charges were filed in a particular incident. Manager Hickman stated that charges were filed. Councilmember Barsky asked if there could be some type of running list with requests Council makes for Manager Hickman to serve as reminders. Manager Hickman stated yes. 

 ADJOURNMENT At 9:34 pm, Councilmember Barsky moved to adjourn the meeting. Second by Councilmember Hartfield. Motion carried, 7-0. Meeting adjourned. 

 Submitted by Melanie Schott 

Council Minutes 8/18/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES August 18, 2004

CALL TO ORDER (by Mayor Robertson at 7:32 pm) 

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were, Councilmembers Barsky, Hartfield, Herman, Main, OKeefe, and Mayor Robertson; Manager Hickman and Law Director Crites. Motion carried. Councilmember Herman moved to excuse Vice Mayor Lucier for the time that she would not be present. Seconded by Councilmember Hartfield.

Vice Mayor Lucier arrived at 7:34 pm. APPROVAL OF AGENDA (7:35 pm) Councilmember Main moved to accept the agenda as presented, seconded by Councilmember Barsky. Motion carried.

 CITIZENS COMMENTS (7:35 pm) No one appeared to speak.

Mayor Robertson closed public comments at 7:35 pm.

 PUBLIC HEARING None scheduled 

NEW BUSINESS (7:37 pm) Resolution No. 04-55, A Resolution To Authorize The Village Manager To Submit A Grant Application For 2004- 2005 Capital Improvement Projects To District 17, Ohio Public Works Commission, For Funding was introduced by Councilmember OKeefe. Second by Councilmember Main.

Discussion: Manager Hickman stated that the Resolution would allow the village to apply for grant funding from the Ohio Public Works Commission. He stated that if the grant is received they would be looking at extending water service to the Service Department (behind Granville Market) and from Pinehurst to the corporation limit on Welsh Hills Road. Councilmember OKeefe asked if the residents would be responsible for any portion of the water extension. Manager Hickman stated that there is no cost to the residents. He stated that 80% would be funded by the grant, while the remaining 20% would be local funding. Councilmember Herman asked what the 20% contribution is estimated to be. Manager Hickman estimated somewhere around $50,000. Councilmember OKeefe asked what would happen if the grant money didnt get awarded. Manager Hickman stated that they would reapply for the grant the following year and perhaps local funding could be used. Manager Hickman stated that the Service Department is in need of the water extension for fire protection. 

Councilmember Herman offered the following friendly amendment: Change the year 2000 to 2004.

 Motion carried (7-0). Resolution No. 04-55 is adopted.

 Ordinance No. 20-04, An Ordinance To Amend Sections 331.12 Of The Codified Ordinances Of The Village Of Granville was introduced by Councilmember Barsky. Second by Vice Mayor Lucier.

Discussion: None.

Mayor Robertson scheduled the public hearing for September 1, 2004. 

OLD BUSINESS None scheduled 

REVIEW OF MINUTES Regularly Scheduled Meeting of August 4, 2004 Councilmember Barsky moved to accept the minutes as amended; seconded by Councilmember OKeefe. Motion carried, 7-0. 

MAYORS COURT REPORT  June and July The Mayors Court Reports for the months of June and July were presented for review.

Discussion: Council asked for additional information where blank spaces were not filled in. Manager Hickman stated he would get this information to Council. Council agreed to review and accept the reports at a future Council meeting. 

MANAGERS REPORT  June The Managers Report for the month of June was presented for review. 

Discussion: Councilmember Barsky inquired on an assault of a student by another student at Granville high school. She asked if there was any resolution to the matter, and did the incident occur. Mayor Robertson asked if charges were filed in this incident. Manager Hickman stated he didnt think so, but he would further look into this. Council discussed how this one incident showed a spike when depicted on a graph. 

Council further discussed the way the information is reported. Vice Mayor Lucier stated that she didnt find the graphs to be of more value, but rather excessive. Councilmember Barsky stated that from her perspective it is easier to follow the charts with graphs than look at all of the numbers, especially when you are looking for trends over time. Mayor Robertson stated that she found the graphs to be useful, but it might be nice to have more graphs on one page to save paper. Council also discussed having a Category Report. After further discussion, Council stated that there is a Category of Assault in the Report. Mayor Robertson stated that when incidents like the assault at Granville high school occur Council needs to be aware of them. Manager Hickman stated that he would talk with Chief Cartnal on how violent crimes are recorded and see if better explanations can be given to Council. He stated that he would have Chief Cartnal review the tape so he can hear the comments made by Council on this matter.

 MANAGERS REPORT  July The Managers Report for the month of July was presented for review. 

Discussion: Mayor Robertson made reference to number fourteen in the report, she stated that she thought it was good that Chief Cartnal had spoken with the parents of juveniles throwing rocks. 

Vice Mayor Lucier stated that she noticed in the June and July reports, there are zero incidents under Parking on a Sidewalk/Curb Lawn. She stated that she knows of many times when she encounters a blocked area. Vice Mayor Lucier stated that she would like to see better enforcement of this, especially with the energy the community is investing in Walkability. Manager Hickman stated that this may be a case where tickets were not issues, but friendly warnings. Vice Mayor Lucier stated that she wouldnt care if tickets were issued, as long as this occurrence stops. She stated that if an officer reminding people works, that is fine too. 

Councilmember Barsky stated that she has noticed that the stop sign at Elm and Prospect Street is often violated. Vice Mayor Lucier added that the stop sign on Pearl and Elm is also often violated. Councilmember OKeefe stated that she had recently received a complaint about cars not stopping at the stop sign at Burg and Samson Street. Councilmember Main added that this stop sign is often ignored, and people dont even slow down. Mayor Robertson stated that the Pearl and College Street intersection has improved. Manager Hickman stated that he would pass all of these comments on to Chief Cartnal. He went on to say that this could be looked at in the LSSU committee. 

 Councilmember Hartfield moved to accept the June and July reports; seconded by Councilmember OKeefe. Motion carried 7-0.

 Mayor Robertson instructed the reports be filed with the Clerk. A copy of said reports are included as part of these Minutes. 

COMMITTEE REPORTS 

Economic, Finance, Personnel Committee (EFP)  Hartfield, Herman, Lucier Councilmember Herman stated that they are awaiting information that is to be provided by Village Planner, Chris Strayer. He asked Manager Hickman to check into this. Manager Hickman agreed.

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU)  Lucier, Hartfield, Main Next meeting will be October 1st at 9:00 am. Councilmember OKeefe asked if the neighbors on East Broadway have been contacted in regards to a discussed project (narrowing roads, adding trees, widening the sidewalk, and traffic calming). Manager Hickman stated yes, although no date has been set.

Planning Commission  OKeefe Councilmember OKeefe stated that Norm Ingle and Jim Siegel attended to discuss a proposed gazebo on Opera Park. She stated that the Kiwanis will scrap the idea of the gazebo and look at other options as their legacy project for the Granville Bicentennial. She stated that directional signs and sandwich board signs were discussed. Councilmember Barsky asked Councilmember Hartfield to make the Chamber of Commerce aware of the discussions on signage. Mayor Robertson added that the businesses need to be aware of these meetings. She asked Manager Hickman to contact Barbara Hammond in regards to the next meeting. It was stated that Ms. Hammond has previously attended several meetings where signage issues were discussed. Lastly, Councilmember OKeefe stated that the village will be getting a knitting store. 

Planning & Zoning Committee (P&Z)  Barsky, OKeefe, Robertson Councilmember Barsky stated that the committee met to set some deadlines. She stated that the JEDD document was passed on to the Planning Commission, as well as the Township Trustees. She stated that the Trustees were having their zoning board review the document. Councilmember Barsky stated that it was her hope to set up a meeting date in October to get the Trustees feedback. Councilmember Barsky stated that the committee was updated on the Speedway situation. Councilmember Barsky stated that there will be a meeting on August 20th and September 20th. The September meeting will include access management discussions with Doyle Clear. She stated that some of these issues should also be looked at in the LSSU committee. She stated that she would further discuss this with Councilmember Hartfield. 

Union Cemetery Main No Report.

OTHER COUNCIL MATTERS Senior Foundation  Manager Hickman stated that he would get this information to Council in their packets, and this could be discussed at the next Council meeting. 

 Biketoberfest  Manager Hickman stated that this is an intergovernmental cooperation with Newark-Heath- Granville. He stated that Granvilles participation in Biketoberfest will take place at the Bryn Du Mansion. He stated that the event will be a bi-athalon (bike race and run), as well as a safety program. Manager Hickman stated that Biketoberfest will be October 2nd from 9:00-6:00. He asked for any interested Councilmembers to contact him on participating for this event. Manager Hickman also stated that the Kiwanis would be participating. Councilmember OKeefe asked if a list of areas where help is needed could be emailed to her. Manager Hickman stated yes. Mayor Robertson stated that it might be a good idea to have t- shirts for Councilmembers to wear so area residents could know who their Councilmembers are. Vice Mayor Lucier added that the t-shirts could be turned in and re-used for other purposes. 

 Other  Mayor Robertson stated that she would be meeting with the Our Town publication on Friday, August 20th. She stated that any member of Council wishing to discuss various topics that they are working on in committees, etc. is welcome to attend. Councilmember OKeefe stated that she would be willing to attend the Friday meeting. 

Vice Mayor Lucier asked Law Director Crites for an update on the sign ordinance and information on the Sentinel article. Law Director Crites stated that he will give the proposed amendments to committee on Friday. He stated that this issue should come before Council in early fall. Councilmember Main added that he believed the Sentinel article was good and he agreed with the unconstitutionality of our Ordinance. He stated that many people put signs up and they are not aware of the right of way. Mayor Robertson stated that she has noticed many signs located in the right of way. She asked what happens to those signs. Manager Hickman stated that the signs in the right of way are pulled and left at the village offices for anyone wishing to pick them up. Mayor Robertson stated that perhaps the location of any pulled signs could be announced in the newspaper. Mayor Robertson clarified that signs located on residential property are not pulled. Manager Hickman stated that the village does contact political parties to remind them that signs are not permitted in the right of way. 

Mayor Robertson stated that a joint meeting with Granville/Newark/Heath will be on August 30th. She stated that she hopes all of Council can attend and that it is always good for Granville to have a good showing at these kinds of events. 

Mayor Robertson and Vice Mayor Lucier stated that they will be attending the Granville Massachusetts 250th anniversary celebration over Labor Day. 

EXECUTIVE SESSION Pursuant to ORC 121.22(G)(3)  To conference with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action (118 South Main Street).

Councilmember OKeefe moved to enter into Executive Session, Seconded by Councilmember Main.

Roll call: Herman, Lucier, Barsky, Main, Robertson, OKeefe, Hartfield (7, 0)

Time in: 8:32 pm.

Vice Mayor Lucier moved exit out of Executive Session and return to Regular Session. Seconded by Councilmember Barsky.

Time out: 8:43 pm.

Roll call: Hartfield, OKeefe, Robertson, Main, Barsky, Lucier, Herman (7, 0) 

 ADJOURNMENT (8:45 pm) Councilmember Main moved to adjourn. Second by Vice Mayor Lucier. Motion carried, 7-0. Meeting adjourned.

 Submitted by Melanie Schott 

Council Minutes 8/4/04

VILLAGE OF GRANVILLE COUNCIL MINUTES August 4, 2004 

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

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were Councilmembers Herman, Main, OKeefe, Vice Mayor Lucier and Mayor Robertson. Law Director Crites and Chief Cartnal. 

Councilmember Main moved to excuse Councilmember Barsky. Seconded by Councilmember OKeefe. It was noted that Councilmember Hartfield would be late. Councilmember Herman moved to excuse Councilmember Hartfield for the duration that she would not be present. Seconded by Councilmember OKeefe. 

APPROVAL OF AGENDA (7:37 pm) Mayor Robertson moved to amend the agenda to hold an Executive Session after Citizens Comments, and move the Krone Appeal (Item 7B) after the Executive Session. Seconded by Councilmember Main. Motion carried. 

CITIZENS COMMENTS (7:38 pm) Bicentennial Commission  Richard Daly, President of the Bicentennial Commission, 2776 Burg Street. Mr. Daly updated Council on the progress made by the Bicentennial Commission. He stated that there are Bicentennial products for sale in the village offices. He stated that soon these products will be available in local businesses. Mr. Daly went on to say that the final community planning meeting will be on September 18th from 9:00  11:00. He stated that the public is welcome to attend and that this meeting will give information on how people can participate. Mr. Daly stated that a newsletter will be going out, and anyone wishing to be on the newsletter mailing list should contact Jody Chiles at 321- 1155. Mr. Daly stated that the Bicentennial Commission has gotten their first corporate sponsor. He stated that Park National Bank would be sponsoring the ball. Mr. Daly also stated that various organizations are working on their legacy projects to be given to Granville. He stated that the Rotary Club will sponsor a New Years Eve party and donate a clock to be placed outside the village offices as their legacy project. Mr. Daly stated that the township Trustees are working on what their legacy project will be. Mr. Daly stated that the Kiwanis Club would like to gift a gazebo to be placed at Opera Park to the village. He stated that he was there to ask for Council to accept the concept of this proposal by the Kiwanis Club. Mr. Daly stated that it was thought that the gazebo could be used for public speaking, bands, craft stand, meetings, and Christmas caroling. He went on to say that the size, shape, and architecture would still need to be determined, and it would be their intent to go through the Planning Commission. Mr. Daly stated that it wouldnt make sense for them to do the work of going through the Planning Commission if Council did not accept the concept of the Kiwanis gifting the gazebo to that location. He stated that if the concept is accepted, than a formal proposal by the Kiwanis Club would come before Council at a later time. Mayor Robertson asked when they needed Councils feedback. Mr. Daly stated as soon as possible. Councilmember OKeefe asked when the Kiwanis Club proposes to be done with the gazebo. Mr. Daly stated that they are flexible on the timeframe of installing the gazebo. Mayor Robertson stated that it would be her preference to see this go before the Planning Commission. Councilmember Herman agreed he too would like input by the Planning Commission. Vice Mayor Lucier stated that it may be wise to first see if the Village wants a structure in the Opera Park location. Councilmember Main suggested having a work session and Planning Commission meeting. Mayor Robertson asked that Council to be ready to seriously talk about this issue at their next meeting in two weeks. 

Trudy Knox, 123 Elm Street, Apartment D, spoke to Council in regards to the Senior Foundation. She stated that a previous Council voted to lend $10,000 (interest free) to the Senior Foundation, and that this money would be given to the Columbus Foundation to oversee. Ms. Knox stated that she was before Council to request an additional $1500 for an application to set up a 501C3, acquire a federal ID number, and become incorporated in Ohio. She stated that the entire amount may not be needed, depending on the final costs associated with applying for 5013C status. Mayor Robertson stated some of the history behind setting up the Granville Foundation. She explained the previous Council had passed a Resolution to lend the money and that over time the $10,000 would be returned to the village. Mayor Robertson stated that the timeframe to set up the foundation was by the end of 2004, and that the setup fees were not included at the time the $10,000 was appropriated. Vice Mayor Lucier asked if the $10,000 appropriation was already in the budget, and asked if the requested $1500 was in addition to the $10,000. Mayor Robertson stated yes. Councilmember OKeefe asked what the Columbus Foundations role would be. Ms. Knox stated that the Columbus Foundation would oversee the money. She stated that an attorney (Lisa Jolly) working for the Columbus Foundation would work with the Granville Foundation. She stated that the Columbus Foundation has over 28 brokerage firms to work with, and they consult on fundraising. Ms. Knox stated that the Granville Foundation would invest the money, while the Columbus Foundation would counsel. Councilmember Herman asked who makes the requests to ask for the $10,000 and $1500 appropriations from Council. Mayor Robertson stated that these decisions came from the Senior Committee. Ms. Knox added that the Senior Committee has set up a temporary advisory board to work on the creating of the Granville Foundation. Mayor Robertson asked for this issue to be put on the agenda for the next Council meeting. 

Furthermore, Ms. Knox stated that the Senior Committee is moving ahead to form a committee to look for available land for moderate cost senior housing. She stated that United National Church Residencies and Lutheran Housing are potential developers, if they can find the needed land. Ms. Knox went on to say that this is not HUD type housing. She stated that one area she saw as a possibility could be on the hillside of the Bryn Du property. Ms. Knox stated that Council voted sometime back that public land could be used for senior housing. 

 Mayor Robertson closed citizens comments at 7:57 pm.

 PUBLIC HEARING None Scheduled.

EXECUTIVE SESSION

Vice Mayor Lucier moved to adjourn the Milner Road hearing and enter into Executive Session, Pursuant to Ohio Revised Code Section 121.22 (G)(3), for the purpose of conferencing with an attorney for the public body concerning disputes involving the public body that are the subject of imminent court action (Krone Appeal). Roll Call vote: Herman, Main OKeefe, Lucier, Robertson.

Time In: 8:00 pm.

Councilmember Main moved to adjourn Executive Session. Seconded by Councilmember OKeefe.

Roll Call vote: Lucier, Robertson, Main, OKeefe, Herman.

Time Out: 8:35 pm.

 

Krone Appeal Decision

Councilmember Main moved to uphold the decision by the Planning Commission in regards to the Krone Appeal. Seconded by Councilmember Herman. 

Roll Call: Lucier, Herman, Main, OKeefe, Robertson (5, 0).

Discussion: None. 

NEW BUSINESS (8:37 pm) Resolution No. 04-50, A Resolution To Appoint The Granville Arts Commission was introduced by Councilmember Main. Second by Vice Mayor Lucier. 

Discussion: Mayor Robertson stated that there is one more opening for a Denison representative. She stated that Ron Abram, an art professor from Denison University, has expressed interest in being appointed. She stated that this might be a good fit, since Mr. Abram is a print maker, and the other Denison representative is a music professor. 

Councilmember Main asked if the Granville Village Council representative is intended to be a member from Council. Mayor Robertson stated that it was her sense that this need not be a member of Council, but could be someone appointed by Council.

Council was asked to list their top three choices to serve on the Granville Arts Commission. Council voted by ballot.

Council agreed to appoint Ron Abram as the 2nd Denison Representative. Lois Forman-Wernet was appointed as the Granville Village Council representative. Stephen Trumbell and Kyle Morgan were appointed as the Community- at large representatives. 

Mayor Robertson stated that former Councilmember Clifton Crais would be happy to know that the Arts Commission is now in place. 

Councilmember Hartfield arrived at 8:40 pm.

Motion carried (6-0). Resolution No. 04-50 is adopted. 

 OLD BUSINESS None Scheduled. 

REVIEW OF MINUTES Regularly Scheduled Meeting of July 7, 2004 Councilmember Herman moved to accept the minutes as amended. Second by Councilmember OKeefe. Motion carried, 6-0. 

Vice Mayor Lucier stated that the minutes taken by the court reporter during the 2nd Krone appeal hearing were incorrect. She stated that many comments were incorrectly attributed to her. Law Director Crites stated that he has made a note of this concern. 

COMMITTEE REPORTS Light, Safety, Sts/Sidewalks & Utility Committee Councilmember Hartfield stated that the meeting minutes are in Councils packets. She stated that there has been some discussion on the appropriate location for the pedestrian bridge spanning over Raccoon Creek. Councilmember Hartfield stated that some people would like to see it located closer to provide better access to the downtown area. Village Planner, Chris Strayer, stated that he would be willing to work with the engineer on this. Mr. Strayer also stated that he would like to meet with the committee at their next meeting on August 13th in regards to several issues.

Mayor Robertson noted that the meeting minutes incorrectly note Gabe Kaplan. She stated that it should read Abram Kaplan. 

Economic, Finance, Personnel Committee Councilmember Herman stated that the committee discussed the River Road project. He stated that property owners Earl Shurtz and John Klauder were interested in discussions concerning River Road. Mayor Robertson asked how many property owners have attended the meetings. Councilmember Herman stated that both Mr. Shurtz and Mr. Klauder have attended previous meetings. He stated that an informal survey was done by Jack Thornborough about a year and a half ago. He stated that Mr. Thornborough felt that over fifty percent of the land owners had interest in annexation. Councilmember Herman stated that Manager Hickman would be working on getting the property owners together. 

Councilmember Herman stated that Chris Strayer will be providing some needed information regarding the economic analysis. Mr. Strayer stated that he can most likely have this information by the third week in August. 

Vice Mayor Lucier asked for further information regarding the notation in the minutes referring to sprinkler incentives. Councilmember Herman stated that Councilmember Barsky had asked about fire sprinklers for downtown buildings and the committee is looking at investigating the possibility of grants that could finance sprinklers for the interior of buildings. Mayor Robertson stated that Council has discussed this issue on and off over the years. She stated that the village has upgraded the current water system so it is sufficient to allow sprinkler systems to be installed. Vice Mayor Lucier asked what the village standards are in regards to sprinkler systems. Village Planner, Chris Strayer, stated that they are provided by the Licking County Building Department. Vice Mayor Lucier asked if Council could get a copy of these standards. Chris Strayer stated yes. Councilmember OKeefe asked if fire checks are done in Granville and by whom are they done. Chris Strayer stated that fire checks are done only when a change of use request is made or for a new building permit. Councilmember Hartfield stated that she believes the Granville Fire Department does check on the business establishments in Granville. Councilmember Herman stated that his approach to installing sprinkler systems would not be through regulations, but by providing incentives for businesses who install them. Chris Strayer stated that he would further research what grant monies might be available for installing sprinkler systems in historic buildings. 

Planning & Zoning Committee Mayor Robertson stated that she would answer any questions Council might have concerning the meeting minutes since Councilmember Barsky was not available. She stated that the committee had discussions on an Access Management Plan. She stated that this is needed for analysis of each road within our jurisdiction so as to set up regulations that avoid the kind of problem that has arisen at Milner Road. Mayor Robertson stated that the committee will discuss subdivision regulations at the August 13th meeting, JEDD discussions on August 20th, and continue discussion of Cherry Valley Road on September 23rd. Mayor Robertson stated that they hope to meet with township Trustees at the August 20th JEDD discussion meeting. Councilmember OKeefe stated that the committee did meet with Doyle Clear. Vice Mayor Lucier stated that it appears many of the items on the Planning and Zoning Committees agenda should be looked at in the Lights, Streets, Sidewalks, and Utilities (LSSU) Committee. Mayor Robertson stated that where there is an overlap in function, it is hoped that the issues move from one committee to the next. 

Union Cemetery No Report. 

Planning Commission Councilmember OKeefe stated that an awning and building sign were approved for Prudential Integrity One Real Estate. She also stated that the Planning Commission approved wall, window, and projecting signs for Babs Closet - a womens boutique. Councilmember OKeefe stated that signage for TLR and Associates was approved on S. Main Street, and a tin roof for the Barsky residence was also approved. 

Councilmember OKeefe stated that owners of 116 East Broadway  1st Federal  Jerry Martin agreed to waive a 45 day timeline. Some issues that arose were having Village Planner, Chris Strayer. look into Resolution 79-6 which allowed the bank to construct a depository window. He stated that the bank window is considered to be on village property. Mr. Strayer stated that there is some concern on the proposed balcony, and the fact that it is considered to be in village air space. Councilmember OKeefe stated that architectural details involving an enclosed stairwell were also discussed. Councilmember OKeefe stated that Ben Rader wrote a letter expressing his concern over food and beverages being thrown over the proposed balcony. She stated that Mr. Rader is concerned with who will upkeep the property. Mayor Robertson asked that this be further discussed at their next meeting.

Recreation Commission Councilmember OKeefe stated that the committee discussed the next development phase of Raccoon Valley Park. She stated that the Commission is working on the development of fields and they want to be self sufficient and not have to rely on holding programs at the schools. She stated that the Commission received $40,000 in grants from the Rotary for development and maintenance of a girls softball field. 

 OTHER COUNCIL MATTERS Support our Troops and Families  Mayor Robertson asked if anyone was able to attend the meeting on August 7th  6:00 pm at the National Guard Armory. No one on Council was able to attend. Mayor Robertson asked for this information to be passed on to Village staff in case anyone would like to attend to represent Granville. 

Councilmember Hartfield stated that there will be a Community Connection Meeting on September 27th at 7:00. 

 ADJOURNMENT At 9:20 pm, Councilmember Herman moved to adjourn the meeting. Second by Councilmember Main. Motion carried, 4-0. Meeting adjourned.

 

Submitted by Melanie Schott 

Council Minutes 7/7/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES July 7, 2004 

CALL TO ORDER (by Mayor Robertson at 7:33 pm) 

PLEDGE OF ALLEGIANCE

CITIZENS’ COMMENTS (7:35 pm) James A. Prentice, 211 Wicklow Drive, spoke to Council in regards to them including the entire Granville school district in the decision making process. He stated that the Council chamber’s has a map of the village and township, but not of the entire Granville school district. Mr. Prentice also stated that a map , distributed by the Granville Chamber of Commerce, also doesn’t include the Granville school district. Mr. Prentice asked Council to remember the voter’s in these outlying areas (such as Union Township) not located in the village or township.

Mayor Robertson stated that there is room to include a map of the school district on the wall if one is available. Mayor Robertson closed Citizens Comments at 7:37 pm.

ROLL CALL Those responding to the roll call were Councilmembers Barsky, Hartfield, Herman, Main, O’Keefe, Vice Mayor Lucier and Mayor Robertson. Attorney Jim Gorry and Manager Hickman. 

APPROVAL OF AGENDA (7:38 pm) Councilmember Herman moved to accept the agenda as presented. Seconded by Councilmember Barsky. Motion carried.

 APPEAL HEARING (7:39 pm) Gilbert Krone – Planning Commission Approval of Application No. 04-010

Assistant Law Director Gorry stated that he wanted to remind Council that testimony in the appeal hearing is limited to the remand, specifically the five questions Council asked for further clarification on. He stated that Council’s decision should come at the next regularly scheduled Council meeting which is August 4, 2004. 

 Court Reporter Robin E. Allen is present to transcribe the hearing and swear in participants. Those sworn in were: Gilbert and Joan Krone. Catherine Cunningham, who was representing Genesis Land Management spoke on behalf of her client, Ron Beitsel. A copy of the entire transcript is available through the village offices. The appeal hearing ended at 8:50 pm. 

 

PUBLIC HEARING Ordinance No. 12-04, An Ordinance To Amend Ordinance No. 26-03 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2004 And Revising Sums For Operating Expenses.

No one appeared to speak for or against Ordinance No. 12-04 

NEW BUSINESS (9:00 pm)

 Bryn Du Governance Committee – Keith Myers updated Council on the progress made by the committee. He stated that the committee is working on establishing uses of the facility, as well as rules, regulations, and rates. Mr. Myers stated that part of the committee is focusing efforts on the tennis facility, while the others are working on the mansion. Mr. Myers stated that one issue at hand right now is whether or not Council would support the hourly hiring of Schooley Caldwell Associates to work on the schematics for restrooms and a warming kitchen location. Mr. Myers went on to say that he has contacted Schooley Caldwell Associates and they would be willing to work hourly at a nominal rate. Mr. Myers stated that the estimate was somewhere around $5,000 - $7,000 for putting together a schematic plan for restrooms and a warming kitchen location. Mr. Myers stated that Schooley Caldwell Associates are available to attend the July 14 Governance Committee meeting. 

Councilmember OKeefe asked if the $5,000 - $7,000 would cover any costs to install the restrooms and kitchen area. Mr. Myers stated that this money would only cover the schematic plan. 

Vice Mayor Lucier asked how much money has already been appropriated for the Bryn Du property. Manager Hickman estimated somewhere around $80,000. 

Councilmember Hartfield asked if a general contractor could give the committee the schematic plan, as well as an estimate to complete the work. Mr. Myers stated that for various reasons this would not be desirable. He stated that they are currently unsure where the best place would be for the restroom facilities and kitchen area. Resolution No. 04-52, A Resolution To Amend Resolution No. 04-14 Creating The Bryn Du Commission was introduced by Councilmember Barsky. Second by Councilmember Main. 

Discussion: Councilmember Barsky asked Mr. Myers if he was aware of Council’s attempt to make Resolution No. 04- 52 clearer on the charge for the commission. Mr. Myer’s stated that he has not had an opportunity to review the email. Manager Hickman stated that it is his understanding that the commission would welcome these changes proposed by Council. 

Council also discussed an issue formerly brought up by Clifton Crais, when he was on village Council. Mr. Crais had stated that it might not be wise for Council to permit two individuals from the same household to serve on committees together. He gave the scenario of a husband and wife serving on the same committee. Councilmember Main stated that if we look at scenarios with husbands and wives, Council may also want to look at scenarios with fathers and sons/daughters……..etc. He stated that Council may want to further look at these types of things. Council decided that Resolution No. 04-52 would not be the appropriate place to include this type of amendment. Councilmember Barsky suggested creating a general Resolution that would pertain to committees across the board. Mayor Robertson stated that Council would be wise to come to an understanding on this for future committee appointments. She asked for Manager Hickman to draw up a Resolution depicting Council’s intentions. 

Motion carried (7-0). Resolution No. 04-52 is adopted.

 Resolution No. 04-53, A Resolution To Amend Resolution No. 04-19 Creating The Granville Arts Commission was introduced by Councilmember Barsky. Second by Vice Mayor Lucier.

Discussion: Councilmember OKeefe asked what would happen if the organizations did not nominate anyone. She asked if the appointment ultimately would come from Council. Manager Hickman stated that all but one group has made their nominations and he would like to think that once the commission is established the matter she brought up wouldn’t be an issue. 

Motion carried (7-0). Resolution No. 04-53 is adopted.

 Resolution No. 04-54, A Resolution To

Discussion: Councilmember Main moved to table Resolution No. 04-54. Seconded by Councilmember Barsky. 

 Ordinance No. 16-04, To Amend Section 3.07 Of The Charter Of The Village Of Granville To Allow An Emergency Ordinance Of Real Property Acquisition, Not To Include Roadways And/Or Utility Easements, To Be Subject To A Referendum And Declaring An Emergency was introduced by Councilmember Main. Second by Vice Mayor Lucier.

Discussion: Councilmember Main asked if the public hearing has been set for Ordinance No 16-04. Manager Hickman stated that there will not be a public hearing since this has an emergency clause. Councilmember Main stated that this Ordinance came to be because of a discussion at the last Council meeting regarding Referendums. He stated that in that discussion of exceptions to Referendums this appeared as a loophole. Mayor Robertson stated that she saw identification of this loophole to be “a good catch” by Councilmember Main. Councilmember Herman asked how the term “real property” is defined. Assistant Law Director Gorry stated that the term pertains to land and buildings. Councilmember Herman stated an example of the bike path being extended to Fern Hill, and the chance that a property owner wouldn’t cooperate, he asked if this type of situation would be referendable. Vice Mayor Lucier asked if a bike path would be considered as a roadway. Assistant Law Director Gorry stated that he wouldn’t think that the law department would view the bike path as a roadway.

Councilmember Barsky moved to pass Ordinance No. 16-04 as an emergency. Seconded by Councilmember Herman. 

 Roll call on emergency: Herman, Lucier, Main, O’Keefe, Robertson, Barsky, Hartfield. (7-0) Emergency is adopted. 

 Roll call vote: Lucier, Main, O’Keefe, Robertson, Barsky, Hartfield, Herman. (7-0) 

Ordinance No. 16-04 is adopted. 

OLD BUSINESS Ordinance No. 12-04, An Ordinance To Amend Ordinance No. 26-03 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2004 And Revising Sums For Operating Expenses was introduced by Councilmember Barsky. Second by Councilmember OKeefe.

Discussion: None.

Roll call vote: Main, OKeefe, Robertson, Barsky, Hartfield, Herman, Lucier (7-0)

Ordinance No. 12-04 is adopted.

 Resolution No. 04-54, A Resolution To

Discussion: Vice Mayor Lucier moved to remove Resolution No. 04-54 from the table. Seconded by Councilmember Barsky. 

Motion carried (7-0). Resolution No. 04-54 is adopted. 

 

 

EXECUTIVE SESSION Councilmember OKeefe moved to enter into Executive Session, Pursuant to ORC 121.22(G)(3) – To conference with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action and to discuss property located at 118 South Main Street. Second by Councilmember Hartfield.

Roll call vote: O’Keefe, Robertson, Barsky, Hartfield, Herman, Lucier, Main.

Time in: 9:28 pm

Vice Mayor Lucier moved to adjourn Executive Session. Councilmember Main second.

Roll call vote: Robertson, Barsky, Hartfield, Herman, Lucier, Main, O’Keefe.

Time out: 9:55 pm

NEW BUSINESS (cont.)

 Ordinance No. 17-04, An Ordinance To Authorize The Village Manager To Execute A Lease Agreement For The Property Located AT 118 South Main Street For A 57 Day Period And To Declare An Emergency was introduced by Councilmember Main. Seconded by Councilmember Hartfield. Councilmember Barsky moved to pass Ordinance No. 17-04 as an emergency. Seconded by Councilmember OKeefe. 

Roll call vote on emergency: O’Keefe, Main, Lucier, Herman, Hartfield, Barsky, Robertson (7-0)

Roll call vote: Main, Lucier, Herman, Hartfield, Barsky, Robertson, OKeefe (7-0)

Motion carried (7-0). Ordinance No. 17-04 is adopted. 

REVIEW OF MINUTES Regularly Scheduled Meeting of June 16, 2004 Councilmember Hartfield moved to accept the minutes as amended. Second by Councilmember Barsky. Motion carried, 7-0. 

COMMITTEE REPORTS Light, Safety, Sts/Sidewalks & Utility Committee Councilmember Hartfield asked Manager Hickman to set up a meeting time. 

Economic, Finance, Personnel Committee Councilmember Herman stated that the next meeting will be on July 14th. He stated that the committee will be addressing two issues. The first is the River Road project, and the second is strategic budgeting. He stated that there first needs to be a strategic plan. He asked when would be the appropriate time to discuss how to proceed with strategic planning. He stated that he feels that there needs to be an external facilitator involved when Council engages in discussions of strategic planning. Mayor Robertson asked what the target date should be for having a strategic budget. Manager Hickman stated that the budget is normally worked on in August or September. Councilmember Barsky stated that she knows of a colleague associated with Battel that could offer some help on the concept of strategic planning and budgeting. Councilmember Barsky agreed to contact him and set up a luncheon. Mayor Robertson asked for this meeting/luncheon to take place within the next month so they can be ready for working on the budget in early September.

Planning & Zoning Committee No Report. Union Cemetery Councilmember Main stated that there will be a work day at Union Cemetery on July 10th. He stated that the Fannin’s will be there, and he urged anyone willing to help to attend. 

Planning Commission Councilmember Barsky stated that she attended since Councilmember OKeefe was unable to. She stated that several sidewalk applications were approved. She went on to say that an issue arose regarding sidewalk signs/sandwich boards. Councilmember Barsky stated that it was suggested during the meeting that these types of signs be reexamined in conjunction with the Chamber of Commerce. Councilmember Hartfield stated that she was unsure of when the next board meeting would be, possibly August. She asked Manager Hickman to send her a reminder regarding this matter and she would bring it up at the next board meeting. Councilmember Main asked if the sign code is a part of the zoning code. Assistant Law Director Gorry stated yes. He stated that an issue like this would likely go into a different area of the code – and it may be considered as a safety issue. 

Councilmember Barsky stated that the Planning Commission also discussed sandblasted signs. 

Councilmember Barsky stated that the Planning Commission discussed incentives for start-up businesses in the downtown area due to a high cost of rent. Mayor Robertson asked if it would be feasible for this issue to go to the Economic, Finance, and Personnel Committee. Councilmember Herman agreed to look at this issue in their committee. He stated that they won’t be able to discuss this issue at their next meeting. 

Councilmember Barsky stated that there was some discussion in regards to not allowing pornography type businesses. She stated that Tim Riffle mentioned that he has examples of Ordinances that could be beneficial to Council.

Chris Strayer, Village Planner, stated that he wanted to make Council aware of some significant applications coming through in the near future. Mr. Strayer stated that there will be an application to renovate the First Federal building for Brews Café and add a balcony, as well as an enclosed stairwell. Councilmember Hartfield asked if there were any requirements on selling alcohol near a church. It was stated that there are no laws against selling alcohol near a church, but there would need to be a request by Brews Café to change the liquor license address. Assistant Law Director Gorry stated that a church would have the opportunity to contest the liquor permit being issued. Mr. Strayer also stated that an application to have lot splits on eleven acres on Pinehurst drive will also be coming in. He stated that two curb cuts on Welsh Hills road and Pinehurst drive were requested.

 OTHER COUNCIL MATTERS JEDD - Councilmember Barsky stated that she would go over some of the highlights in the JEDD document Council received in their packets. Councilmember OKeefe handed out an outline of the JEDD document. 

Councilmember Barsky stated that legal counsel says that the school district is not included, by law, in a JEDD. She stated that the JEDD boundaries would be determined by Council and Trustees. She stated that no residential uses are permitted, by law, in a JEDD. Councilmember Barsky stated that one possible location could be the Owens Corning/Dow property. She also stated that with the JEDD the parcels of land do not need to be contiguous, but do need to be carefully defined. Councilmember Barsky stated that a board of directors would run the JEDD. She stated that the proposal sets out a balance of who appoints who and when. She stated that one appointee would come from the Council, one from the Trustees, and those two would choose the third. She stated that the property owner may also be included in the three. Councilmember Barsky stated that the agreement before Council is a draft and it might be viewed as the perfect arrangement for the village. However, she stated that the Trustees will have a chance to review the JEDD document and give feedback on what their view of a perfect agreement is. 

Councilmember Herman asked who would pay to extend water and sewer. Councilmember Herman stated that how the financials are handled is a significant issue. Councilmember Barsky stated that in a perfect world the property owner would pay for the extensions. She stated that since this is unlikely to happen, the proposal before Council would mean that the village would provide access to water and sewer. She stated that there would need to be further clarification of the costs associated with the preparation and execution of this document. Councilmember Barsky stated that there would need to be discussion on how a municipality would extend water and sewer – would it be through a bond? She stated that it would need to be understood that the likelihood of recouping costs could take decades and there is no short term fix. 

Councilmember Hartfield asked if someone is in the furthest corner of a JEDD, can they be annexed by an adjacent municipality. Mayor Robertson stated that they would need to ask to be annexed. Councilmember Barsky stated that they would need to agree. Councilmember Hartfield requested clarification. Councilmember Barsky stated that this is a good question, and further research on this would need to be done. She stated that they would be in a contractual agreement with a JEDD. Councilmember OKeefe stated that this needs to be further discussed because an adjacent municipality may offer incentives or better services at different rates. 

Councilmember Herman asked for clarification on page fifteen of the JEDD document. He asked why the document says there will be a contract with the village on “all services.” Council questioned what was meant by “all services.” Councilmember Barsky stated that there would need to be clarification made in this area. 

Councilmember Hartfield asked what the timeline is from here, and would the draft document go to the Trustees. Councilmember Barsky stated that some clarifications need to be made and she would need to talk with Law Director Crites on the payment of services. She stated that on page 10 ‘Financial Contributions’ - she was unclear if this was retroactive. Councilmember Barsky asked Council if they were comfortable with the draft going to the Trustees if these clarifications were made. Council agreed to send the document to the Trustees. Councilmember Herman suggested that a transmittal/cover letter go with the JEDD draft document. He stated that the letter should clearly explain that these are items for negotiation. Councilmember Herman stated that the way the document is received is as important as its content. He mentioned memorializing Council’s approach in writing. 

Councilmember Barsky stated Law Director Crites is working on a FAQ list for the JEDD. 

Councilmember Barsky stated that in the village an agreed upon JEDD document can be ratified by Ordinance and it is then open to Referendum for thirty days. She stated that in the township the Trustees can choose to vote on the JEDD if they wish. 

Council agreed to see if the Trustees would feel comfortable with getting back to them by early August with any and all feedback. 

Other – Councilmember OKeefe stated that she has copies of the 2nd Community Dialogue Report if anyone is interested. 

Vice Mayor Lucier inquired on available funds for the upcoming Granville, Massachusetts bicentennial celebration; Several Council members are interested in attending. Manager Hickman stated that there is some money in a fund. He guessed somewhere around $1400. Councilmember Herman stated that he sees the use of public funds as being “highly inappropriate” and he would urge Council to be very careful. Councilmember Barsky stated that she agreed. Mayor Robertson noted their concern and stated that this wouldn’t mean that some councilmembers would not attend. Manager Hickman stated that it would be helpful if he had a list of anticipated costs. He stated that he would further research funding, as well as any ethical issues.

It was stated that Councilmember OKeefe is attending the Recreation Commission meetings. 

Mayor Robertson stated that she met with Mayor Bain (from Newark) and Jim Young who is the publisher of ‘Our Town.’ She stated that anyone is welcome to meet with Our Town writers to discuss what the village is working on. She stated that she and Manager Hickman are meeting again with Mr. Young on Friday, and anyone interested in going is welcome. Mayor Robertson stated that the meeting times will be on Fridays at 11:00, and during the summer months they will meet in Newark. She stated that come Fall, Mr. Young has agreed to come to Granville. 

Mayor Robertson stated that she recently had a conversation with Chuck Peterson during which it occurred to her that a great deal has been done by this Council since December. She thanked the Council for all of their hard work and stated that they really have been doing a lot. 

Councilmember Barsky stated that she attended an emergency response exercise in Newark. She stated that during the exercise things did not go as planned and she would not want to have been a victim if the exercise would have been real. She stated that this was a good learning exercise for all those involved, and a final report would be coming out. Councilmember Barsky stated that the main problem seemed to be with communication. Councilmember Herman stated that this reminds him of an issue regarding our communication systems…and everyone being on the same frequency. He stated that he read an article in the Columbus Dispatch which talks about federal grant money aiding in communications. He stated that he would bring in the article. 

 ADJOURNMENT At 11:15 pm, Councilmember Herman moved to adjourn the meeting. Second by Councilmember Barsky. Motion carried, 7-0. Meeting adjourned. 

 Submitted by Melanie Schott 

Council Minutes 6/16/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES June 16, 2004

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

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were, Councilmembers Barsky, Hartfield, Herman, Lucier, Main, O’Keefe, and Mayor Robertson; Manager Hickman and Law Director Crites. Motion carried. 

APPROVAL OF AGENDA (7:36 pm) Councilmember Barsky moved to accept the agenda as presented, seconded by Councilmember Main. Motion carried.

 CITIZENS’ COMMENTS (7:37 pm) All topics – Trudy Knox, 123 East Elm Street, Apartment D, spoke to Council in regards to having a safe walkway put in from Kendall to downtown Granville She suggested that the walkway somehow cut across Cherry Street and connect to the bike path. She also stated that the walkway should be able to accommodate a wheelchair. Mayor Robertson stated that this has been discussed in the past; She asked for the Lights, Streets, Sidewalks and Utility Committee to look at this issue. Councilmember Hartfield questioned whether or not the Village Council could do anything since much of the property is owned by the Township. Ms. Knox stated that she would also be making the same request to the Township Trustees. 

Mayor Robertson closed public comments at 7:41 pm.

Amateur Radio Week Proclamation – Stephen Katz, 221 East Elm Street, read a letter to Council in regards to Amateur Radio. Mr. Katz stated that amateur radio can be a critical resource in homeland security. He stated that it is powered by generators and useful for natural disasters, as well as other times when other means of communication are not available. Mr. Katz stated that amateur radio operators operate as volunteers and that there is no cost to federal, state, or local governments. He ended by thanking Council on behalf of the 55 local amateur radio operators for their consideration in the Proclamation. Mayor Robertson stated that she had the honor of reading the Proclamation out loud and asked for Mr. Katz to provide a list of the local operators so they could also be recognized. Mr. Katz stated that he could get this list to her. 

 

 PUBLIC HEARING 2005 County Tax Budget

No one appeared to speak for or against the 2005 County Tax Budget. Mayor Robertson closed the public hearing at 7:47 pm. 

 Ordinance No. 11-04, To Amend Section 3.07 Of The Charter Of The Village Of Granville To Allow An Ordinance Which Directs The Sale Of The Surplus Product Of Any Utility To Others Outside The Village To Be Subject To A Referendum.

No one appeared to speak for or against Ordinance No. 11- 04. Mayor Robertson closed the public hearing at 7:49 pm. 

NEW BUSINESS (7:49 pm) Resolution No. 04-46, A Resolution To Adopt The 2005 County Tax Budget As Proposed And To Direct The Village Manager To Submit It To The County Auditor was introduced by Councilmember Herman. Second by Councilmember OKeefe.

Discussion: Councilmember OKeefe asked if the $50,000 appropriation for ‘Sidewalk Improvements’ was for repairing sidewalks or adding new sidewalks. Manager Hickman stated that the specific project would be determined in the annual budget. 

 Motion carried (7-0). Resolution No. 04-46 is adopted. 

 Resolution No. 04-47, A Resolution To Award The Bid For 2004 Street Painting As Per Specifications, To Griffin Pavement Striping, Inc. And To Authorize The Village Manager To Enter Into An Agreement Therefore was introduced by Councilmember OKeefe. Second by Councilmember Main.

Discussion: Councilmember Barsky noted a typo error in Section 1. Councilmember Barsky inquired on the large difference between the two bid amounts. Manager Hickman stated that Griffin Pavement Striping, Inc. likely came in much lower because “they know our system better.” Councilmember OKeefe asked if the bid was for painting or vinyl geothermal tape. Manager Hickman stated that 95% is for painting, and they generally only use geothermal tape on new streets. 

 Motion carried (7-0). Resolution No. 04-47 is adopted

 Resolution No. 04-48, A Resolution To Authorize The Village Manager To Enter Into A Contract With Wichert Insurance Services, Inc. For Property, Casualty and Liability Insurance For The Period Of July 1, 2004 to June 30, 2007 was introduced by Vice Mayor Lucier. Second by Councilmember Barsky. 

Discussion: Councilmember Barsky inquired on which insurance option (within Wichert Insurance Services, Inc. contract) the Village was accepting, and stated that the Village should know what they are paying for. Manager Hickman stated he needed to get more information on which specific option, of the two, they would be entering into an agreement on. Councilmember Herman asked if the contract and amount was for three years. Manager Hickman stated yes. He also asked if the contract stated the amount would remain the same for those three years. Manager Hickman stated yes. Councilmember Herman asked how the coverage in the new contract would compare to the coverage in the old contract. Manager Hickman stated the new contract is $4,000 more that last year and the coverage would be similar. Councilmember OKeefe asked why the Village was going with a new insurance company. Manager Hickman stated that Wichert was the best low bid. 

 Motion carried (7-0). Resolution No. 04-48 is adopted.

 Resolution No. 04-49, A Resolution To Fill A Vacancy On The Planning Commission was introduced by Councilmember Barsky. Second by Councilmember Herman.

Discussion: Jeanne Bolton spoke to Council about her interest in serving on the Planning Commission. She stated that she and her husband built in Granville five years ago and she was looking for ways she could serve the community. Ms. Bolton forwarded her resume to Council and stated it depicts her planning and legislative background. Ms. Bolton stated she felt her background experience with the Mid Ohio Regional Planning Commission would enable her to be a visionary for Granville. She ended her comments by stating that she has enjoyed all the preservation work done in Granville. 

The following candidates were also interested in serving on the Planning Commission: Don Dean, Tom Mitchell, Douglas Polack.

Tom Mitchell was chosen to serve on the Planning Commission. Council voted by ballot. 

Mayor Robertson asked Manager Hickman to convey to the other candidates (including Ms. Bolton who was present) that Council would welcome them serving in another capacity. 

 Motion carried (7-0). Resolution No. 04-49 is adopted

 Resolution No. 04-50, A Resolution To Appoint The Granville Arts Commission was introduced by Councilmember Barsky. Second by Vice Mayor Lucier.

Discussion: Councilmember Main asked if Council needed to have all the names (from other submitting organizations) filled in to pass the Resolution. Councilmember Hartfield stated that she thought there may be some confusion by the Chamber of Commerce on when the names were due back. Manager Hickman stated that a letter was sent out months ago, but another one could be sent out. 

Councilmember Barsky distributed two paragraphs with modifications she would like to propose. She asked if it was permissible for her to email these modifications to Council. Vice Mayor Lucier stated that it was her understanding that the suggested modifications could be distributed, but not discussed or decided upon prior to the Council meeting. Law Director Crites stated Vice Mayor Lucier was correct. Councilmember OKeefe stated that she would like to see the organizations submit names. Vice Mayor Lucier stated that there needs to be a clarification in the section nominating people from organizations. She stated it was unclear language and confusing. Mayor Robertson stated that Council has the final oversight of who serves on the Arts Commission. Mayor Robertson stated that she feels there should be at least two Denison University representatives. Councilmember Herman stated that perhaps this Resolution should go back to committee. Mayor Robertson stated that it was never in a committee. Council discussed looking at Resolution No. 04-50 closer before adopting. Councilmember Barsky and Vice Mayor Lucier stated they would work together on some of the proposed changes and modify the Resolution so it could be voted on at a future Council meeting.

Councilmember Hartfield made a motion to table Resolution No. 04-50. Second by Councilmember Barsky. 

 Motion carried (7-0). Resolution No. 04-50 is tabled. 

 Ordinance No. 12-04, An Ordinance To Amend Ordinance No. 26-03 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2004 And Revising Sums For Operating Expenses was introduced by Councilmember Barsky. Second by Councilmember OKeefe. 

Discussion: Manager Hickman stated that this would be Phase 4 of the Storm/Sewer near Wildwood Park. 

Mayor Robertson scheduled the public hearing for July 7, 2004. 

 OLD BUSINESS Ordinance No. 11-04 To Amend Section 3.07 Of The Charter Of The Village Of Granville To Allow An Ordinance Which Directs The Sale Of The Surplus Product Of Any Utility To Others Outside The Village To Be Subject To A Referendum was reintroduced by Councilmember Barsky. Second by Vice Mayor Lucier.

Discussion: Councilmember OKeefe stated that she wished to propose an amendment that would clarify the language in the 8th ‘Where As.’ Councilmember OKeefe read the modification out loud. The amendment was seconded by Vice Mayor Lucier. The amendment unanimously passed. 

Councilmember Barsky stated she wished to clarify some discussions she has had with Law Director Crites in regards to an issue discussed at the community connections meeting. She stated that they were asked if a developer were to come into the JEDD (that Council is currently working on) would that developer have to wait for the Village to produce an Ordinance that would than be referendable to allow them to begin development in the area. Councilmember Barsky stated that it was her intent that once a JEDD is established and water and sewer is voted on to extend to the JEDD – water and sewer extensions would be up to a JEDD board within those boundaries. She stated that no longer would those types of decisions come before Council. Councilmember Barsky stated that the JEDD water and sewer extensions would be treated much like that of the sale of water and sewer to Alexandria. Councilmember Barsky stated that this Ordinance would allow citizens to question Council’s decisions of water and sewer extensions. She stated that since this would amend the Charter, a vote by the citizens would be needed. Councilmember Barsky stated that this would assure a developer who works with the JEDD board that water and sewer would be extended to them. She went on to say that it is important to note that there is a limited amount of time that the community has for referendum. Mayor Robertson stated that if Council does come to an agreement on a JEDD, than very soon after they would need to vote on the extension of water and sewer. She stated that any developer would need to be assured this would happen. Law Director Crites stated that the JEDD board would need to be created for that to happen. Councilmember OKeefe asked if a JEDD board would need to be in place before Council passes an Ordinance depicting their intent to extend water and sewer. Law Director Crites stated that there would need to be an entity to extend to because the JEDD itself is still a concept. Councilmember Herman stated it is his understanding that the JEDD board needs to be in place before the extension or sale of surplus can take place and this Ordinance does not affect this process. Mayor Robertson stated that this Ordinance would make this issue very clear for those who inquired on this matter.

Councilmember Hartfield stated that she does have some concern that the JEDD could be put together - and all the community work done - and it could still be shut down. She stated that the community members, the schools, councilmembers, and committees are trying to make an effort to make the JEDD attractive. Councilmember Barsky stated that it is the majority of the community who chooses, which means that the committees may not be representing the voice of the community. Mayor Robertson stated that this is the democratic process. Councilmember Hartfield stated that she understands the democratic process and doesn’t want anybody to be undemocratic, but it appears Council would be putting one step forward and taking one step back. Vice Mayor Lucier stated that a JEDD itself if referendable, and one could put a great deal of energy in and be really frustrated and disappointed. She stated that the extra step of the sale of surplus services being referendable is one more possible if the voters rejected the JEDD Ordinance. Councilmember Main stated that no one can speak against the democratic process, but in doing this it may have no effect in this matter. He stated that this act would certainly enhance the community’s image of not being business friendly and it would be another example of the Village erecting another obstacle. Councilmember Barsky asked if this is not what the citizens have said that they want. She went on to say that it is important for citizens to question what Council does and all this does is say that the citizens have thirty days to do that. Councilmember Barsky stated that this would have the potential to be clearer than Council has ever been. Mayor Robertson stated that this has more to do than with just a JEDD and businesses. She stated that if a developer who is putting in a housing development persuaded a Council to extend water and sewer services there might be enough people who didn’t like that. She stated that future Council’s could make a mistake and that a check and balance system is very important. She stated citizens should have recourse options. Mayor Robertson stated that it is her sense that this would only be used “ for a Council run amuck.” Vice Mayor Lucier stated that it seems to her that there is an idiosyncrasy that water and sewer extensions are not referendable. She turned to Law Director Crites for further explanation. Law Director Crites stated that the courts could find that water and sewer extensions are revenue makers.

Councilmember Main stated that he would be in favor of offering an amendment that would not include roadways and/or utility easements. Councilmember Hartfield stated she would second this. Councilmember Main stated that as long as we are discussing “the democratic process and a Council run amuck,” it occurred to him that if Council decided to purchase property – all real property acquisitions should be referendable. Councilmember Main stated that if Council is opening the Charter and looking at the democratic process – he sees this as a loophole that should be closed. Councilmember Barsky asked if this proposed amendment should be an Ordinance of its own. Law Director Crites suggested a separate Ordinance, which he could prepare for the next meeting. Councilmember Main stated that would be fine if that is the way it needs to be done and he would withdraw his amendment. Vice Mayor Lucier stated that Councilmember Main’s idea was good and she would support such an Ordinance. Law Director Crites stated that the new Ordinance wouldn’t be passed until the 1st meeting in August, but this would still be do-able with the Board of Elections timeline. Vice Mayor Lucier inquired on how many votes would be needed for a Charter amendment. Mayor Robertson stated five votes. Law Director Crites stated 2/3rds of a vote are needed. Vice Mayor Lucier stated that Council should be aware of this vote when making their out of town plans. Councilmember Barsky stated that she will be out of town during the first meeting in August. Law Director Crites reminded Council that a special meeting could be called, if need be. Mayor Robertson stated that five votes are also needed for this Ordinance (11-04) to go on the ballot. 

Roll call vote: Barsky, Hartfield (no), Herman, Lucier, Main (no), O’Keefe, Robertson. (5-2)

Ordinance No. 11-04 is adopted. 

REVIEW OF MINUTES Regularly Scheduled Meeting of June 2, 2004 Councilmember OKeefe moved to accept the minutes as amended; seconded by Councilmember Barsky. Motion carried, 7-0. 

MAYOR’S COURT REPORT – May The Mayor’s Court Report for the month of May was presented for review.

Discussion: Councilmember OKeefe stated that it appears as though excessive speed violations have doubled. Manager Hickman stated that this is due to his request to officers to be more vigilant. Mayor Robertson stated that at last week’s Mayor’s Court there were at least five persons charged with for excessive speed (more than 20 miles over the speed limit.) Councilmember Main asked what percentage of the excessive speed stops were on Route 16. Manager Hickman stated he was unsure, but could get the breakdown on this. 

Councilmember Barsky moved to accept the report; second by Vice Mayor Lucier. Motion carried, 7-0 

 Mayor Robertson instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes. MANAGER’S REPORT – May The Manager’s Report for the month of May was presented for review. 

Discussion: Councilmember Barsky inquired on the May 2003 to May 2004 Administrative hours. She asked why there was an increase from 881 hours to 1204 hours. Manager Hickman stated that one man is back from service and in 2004 there was a sergeant and a chief. He stated he would check on the increase in hours and get back to Council. Mayor Robertson stated that it appears ‘Special Details’ is also up. Vice Mayor Lucier asked for an example of what a ‘special detail’ might be. Manager Hickman stated the Memorial parade, funerals, and Lacrosse games are all examples of ‘special details.’ Councilmember Barsky asked if there have been break-ins in a specific area of the Village or are they Village wide. Manager Hickman stated that there are no specific areas. Mayor Robertson asked what might be an example of how the police might assist other police agencies. Manager Hickman stated that last week the Village police met halfway with the Grove City police to transfer a detainee. He stated that if the Newark police are looking for someone on Route 16, the Village police might stop them for Newark. He also stated that there are sometimes traffic accidents that the State Patrol cannot get to. Manager Hickman stated he could get more information if Council wanted it. Mayor Robertson stated that Council’s questions come from wondering if the police are dealing with any significant pressures that Council should be aware of. 

 Councilmember OKeefe moved to accept the report; seconded by Councilmember Main. Motion carried 7-0.

 Mayor Robertson instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes. 

COMMITTEE REPORTS 

Economic, Finance, Personnel Committee (EFP) – Hartfield, Herman, Lucier Councilmember Herman stated that the committee met on Monday to discuss the River Road project and whether or not to move forward. Vice Mayor Lucier asked where the minutes from the meeting are. Manager Hickman stated that he would have them emailed to Council. 

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) – Lucier, Hartfield, Main No Report. Manager Hickman stated that he would see that committee members received a map so they can discuss the placement of a bridge spanning Raccoon Creek at their next meeting. 

Planning Commission – O’Keefe Councilmember OKeefe stated she was unable to attend the meeting. She also asked that if anyone is available to attend the June 28th meeting to please email her. 

Planning & Zoning Committee (P&Z) – Barsky, Lucier, Robertson No Report.

Union Cemetery –Main No Report. 

 OTHER COUNCIL MATTERS Councilmember OKeefe distributed a brief summary she prepared of the Community Dialogue Report distributed by Granville schools. She stated that she would bring copies of the June 2nd report to the next Council meeting. Councilmember OKeefe remarked about comments on drug abuse throughout the report. She stated that one incident says drugs were openly sold in downtown Granville and that the person who stated this said it was hearsay. She stated that this is something for Council to be aware of. Councilmember Barsky asked if the police are seeing any impacts of drug and alcohol related offenses. Manager Hickman stated that he would be very surprised if drugs were openly sold in downtown Granville without the police force being aware of it. Manager Hickman suggested that Councilmember OKeefe sit down and talk with Chief Cartnal and himself if she had any further concerns. 

Mayor Robertson stated that the Village has been invited to the Granville, Massachusetts bicentennial celebration. Mayor Robertson and Vice Mayor Lucier stated that they would be interested in attending, and that anyone interested should contact Mayor Robertson. Vice Mayor Lucier stated she was aware of a small amount of money set aside for Council’s use. Manager Hickman stated he would further research the use of these funds. 

Councilmember Herman stated that the Grand Prix Bicycle Race is June 25th from 5:00 – 7:00. 

 

EXECUTIVE SESSION Vice Mayor Lucier moved to enter into Executive Session, Pursuant to ORC 121.22(G)(3) – To conference with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action. Second by Councilmember Main. 

Roll call vote: Lucier, Hartfield, Main, O’Keefe, Robertson, Barsky, Herman.

Time in: 9:30 pm

Councilmember Herman moved to adjourn Executive Session. Councilmember Hartfield second.

Roll call vote: Hartfield, Main, O’Keefe, Robertson, Barsky, Herman, Lucier.

Time out: 9:55 pm

 Ordinance No. 15-04, An Ordinance To Authorize The Village Manager To Execute A Lease Agreement For The Property Located At 118 South Main Street For A Twenty Day Period And To Declare An Emergency was introduced by Councilmember Hartfield, seconded by Councilmember Barsky. 

Councilmember Hartfield moved to Declare An Emergency for Ordinance No. 15-04, second by Councilmember Herman. Roll Call Vote on the Emergency: Lucier, Hartfield, Main, OKeefe, Robertson, Barsky, Herman. Motion carried (7-0). Ordinance No. 13-04 is passed as an emergency. 

Roll Call Vote on Ordinance No. 15-04: Hartfield, Main, OKeefe, Robertson, Barsky, Herman, Lucier Motion carried (7-0). Ordinance No. 10-04 is adopted. 

 ADJOURNMENT (10:00 pm) Councilmember Hartfield moved to adjourn. Second by Councilmember OKeefe. Motion carried, 7-0. Meeting adjourned.

 

 Submitted by Melanie Schott 

Council Minutes 6/2/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES June 2, 2004 

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

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA (7:31 pm) Vice Mayor Lucier moved to amend the agenda and place Resolution No. 04-41 and Resolution No. 04-42 after ‘Citizens’ Comments.’ She also stated that property located at 118 South Main Street would be added to the agenda and discussed in Executive Session. Seconded by Councilmember Barsky. Motion carried. 

ROLL CALL Those responding to the roll call were Councilmembers Barsky, Hartfield, Main, O’Keefe, Vice Mayor Lucier and Mayor Robertson. Law Director Crites and Manager Hickman. 

Councilmember Barsky moved to excuse Councilmember Herman for the time he would not be present at the Council meeting. Seconded by Vice Mayor Lucier. 

CITIZENS’ COMMENTS (7:34 pm) Jim Riddel, P.O. Box 99, Granville, spoke to Council in regards to a proposed suspension bridge spanning on the south side of Raccoon Creek. He stated that the proposed bridge would be similar to the bridge he designed and built over Raccoon Creek connecting Flory Park and The YMCA in Newark. Mr. Riddel stated that the proposed bridge would be approximately 240 feet long and 36 inches wide, depending on the field conditions at the selected bridge site. He went on to say that the estimated cost would be $150,000. Mr. Riddel’s proposal would require the Village of Granville to commit $30,000 for the design, surveying, project management, and supervision. He stated that the same request would also be made to the Granville Township Trustees. Mr. Riddel stated that the balance of $90,000 would be secured through donations, volunteer labor, and other negotiated savings. He also stated that the work would not progress until the commitment of the total funds is secured. Mr. Riddel stated that grant requests have been turned down. 

Vice Mayor Lucier asked if these funds were being requested for this year’s budget. Mr. Riddel stated yes. 

Councilmember Barsky asked if Mr. Riddel has contacted the Township Trustees. Mr. Riddel stated he was also asking them for $30,000, and he was sure he could get the other $90,000. 

Mayor Robertson asked if the money that was formerly allocated was from last year’s budget. Manager Hickman stated yes. 

Councilmember OKeefe asked if the Village could allocate these funds in this year’s budget. Manager Hickman stated yes. 

Mayor Robertson asked for this request to be sent to the Lights, Streets, Sidewalks, and Utilities Committee (LSSU). 

 Thank You – Mayor Robertson read aloud a card from the Granville Lacrosse team captains who thanked the Village for the early mowing and use of the Bryn Du field.

Mayor Robertson closed citizens’ comments at 7:43 pm. 

Resolution No. 04-41, A Resolution Of Appreciation To Granville Junior Girl Scout Troop #113 was introduced by Vice Mayor Lucier. Second by Councilmember Barsky. 

Discussion: Vice Mayor Lucier read aloud Resolution No. 04- 41. Council applauded Girl Scout Troop #113 and thanked them for all of their work. Girl Scout Troop #113 read aloud a letter of appreciation to Council. 

Motion carried (7-0). Resolution No. 04-41 is adopted.

 Resolution No. 04-42, A Resolution Of Appreciation For Richard Salvage was introduced by Councilmember Hartfield. Second by Councilmember Main. 

Discussion: None.

 Motion carried (7-0). Resolution No. 04-42 is adopted. 

PUBLIC HEARING Ordinance No. 08-04, An Ordinance Approving The Application To Rezone Property Owned By The Granville Public Library Located At 122 South Prospect.

Eloise DeSwart, 338 East College Street, stated that she appreciates the work that the library board has done to save the Sinnett House and she hopes that Council will pass the Ordinance. 

Kirsten Pape, 403 East Broadway, stated that she is in support of Ordinance No. 08-04. 

 

Ordinance No. 09-04, An Ordinance To Amend Ordinance No. 26-03 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2004 And Revising Sums For Operating Expenses.

No one appeared to speak for or against Ordinance No. 09-04 

NEW BUSINESS (7:55 pm)

 County Tax Budget – Council acknowledged the receipt of the County Tax Budget. 

Appeal Hearing – Planning Commission Application #04-010, Milner/Jones Road Lot Split - - An appeal hearing was scheduled for July 7, 2004.

Councilmember Main stated that he thought the issue before Council was in regards to curb cuts, and not lot splits. Chris Strayer, Village Planner, stated that the matter is about curb cuts, but the language in the application asks for lot splits. Councilmember Main asked if the process will be held as it was before – with testimony and another appeal hearing. Law Director Crites stated that an appeal hearing will take place, but the testimony will be narrowed down and limited to the specific issues Council requested more information on. 

 Resolution No. 04-43, A Resolution Authorizing The Village Manager To Enter Into A Contract With The Licking County Board Of Commissioners For Reimbursement Of Legal Counsel For Indigent Defendants For The Village Of Granville, Licking County, Ohio was introduced by Councilmember Main. Second by Councilmember Barsky. 

Discussion: Councilmember OKeefe asked if these funds are used quite a bit in Granville. Law Director Crites stated that additional money hasn’t been requested in two years. He stated that the Village starts with $1000, and once this amount reaches $200 additional money is requested. Law Director Crites stated that it is rare to use money from this fund. 

Motion carried (7-0). Resolution No. 04-43is adopted.

 Resolution No. 04-44, A Resolution To Award The Bid For West Elm Street Roadway And Water-Line Improvements, As Per Specifications, To Elite Excavating, Inc. And to Authorize The Village Manager To Enter Into An Agreement Therefore was introduced by Councilmember Barsky. Second by Councilmember OKeefe. 

Discussion: Manager Hickman stated that it would be his preference to hold off voting on Resolution No. 04-44 until additional funds are appropriated in Ordinance No. 09-04. He stated that the proposed project would start on 6-7-04 and that the contractor has assured him that the new curbs would be done by 7-1-04. Councilmember Main asked if the amount still falls in our initial engineering studies. Manager Hickman stated yes. 

Councilmember Main moved to table Resolution 04-44 until Ordinance No. 09-04 is considered by Council, and place the Resolution under ‘Old Business.’. Seconded by Councilmember OKeefe. 

Motion carried (7-0). Resolution No. 04-44is tabled.

 Resolution No. 04-45, A Resolution To Fill A Vacancy On The Board Of Zoning And Building Appeals was introduced by Councilmember OKeefe. Second by Councilmember Barsky. 

Discussion: Amber Mitchell is appointed to the vacancy on the Board of Zoning and Building Appeals. 

Motion carried (7-0). Resolution No. 04-45 is adopted.

 Councilmember Herman arrived at 8:05 pm. 

 Ordinance No. 11-04, To Amend Section 3.07 OF The Charter Of The Village Of Granville To Allow An Ordinance Which Directs The Sale Of The Surplus Produce Of Any Utility To Others Outside The Village To Be Subject To A Referendum was introduced by Councilmember Barsky. Second by Vice Mayor Lucier.

Discussion: None.

 Mayor Robertson set the public hearing for June 16, 2004. 

OLD BUSINESS Ordinance No. 08-04, An Ordinance Approving The Application To Rezone Property Owned By The Granville Public Library Located At 122 South Prospect was introduced by Councilmember Hartfield. Second by Councilmember OKeefe.

Discussion: Councilmember Barsky asked if the library board has been able to get insurance to relocate the building. Ruth Owen stated that the relocation would be covered under the library and contractor insurance. Mike Frasier added that a bid document would still need to be put together. Councilmember Barsky asked if the contractors’ have been in the building and are they aware of the structural supports under the staircase. Ms. Owen stated yes and that there is no concern by the architect at this point on moving the building. Councilmember Barsky asked who would be handling the upgrade of the building’s interior. Ms. Owen stated that the structural upgrades would be done by the contractor. She stated that they now intend to save the doctor’s office attached to Sinnett House. Councilmember Barsky asked if there would be a handicap entrance. Ms. Owen stated yes, and it would be located on the north side. Councilmember Barsky asked what the rational was to have the driveway located on the south side, as opposed to the north side. Ms. Owen stated that this is where the architect felt it fitted best. She stated that this would also make it so that the house wasn’t located right against Connie Westbrook’s home. Councilmember Barsky stated that she does have concern with the driveway location and the Post Office being able to get large trucks in and out. Ms. Owen stated that she has spoken with the Pyles and has been assured by them that there is no problem with trucks getting in and out. Ms. Owen stated that she has had some discussions with Manager Hickman and Chris Strayer and it looked as though it might be feasible to give the Post Office some more space. Councilmember Barsky asked Ms. Owen if the driveway location was set as is because this was the architect’s desire. Ms. Owen stated that it was also located on the South side so that it could serve as a walkway, as well as a driveway. Councilmember Barsky stated that she has concern with the driveway and the handicap entrance location. Ms. Owen stated that the library board made the decision to go with the consultant’s professional opinion. 

Mayor Robertson stated that the current plan depicts the house being located four feet further south and the doctor’s office attached. 

Vice Mayor Lucier stated that the main thing that Council needs to consider is the rezoning issue. She stated that she has some concern with off street parking. Mr. Frasier stated that it was the library’s intent to keep the two parking spaces for library staff. He stated that there is not much land to work with and that there is village parking across the street. Vice Mayor Lucier stated that she (and Council) “appreciates the efforts to save the Sinnett House despite the picking at the edges of your plan.”

Councilmember Barsky stated that her comments are concerns for thinking about the future of the Post Office. She stated that there have been problems in the past that they don’t want to revisit. Ms. Owen stated that regardless of what the library board does with the Sinnett House, we still might have to address issues regarding the Post Office. 

Councilmember OKeefe asked if the kitchen and front portico would be removed. Ms. Owen stated yes. 

Council stated that they were happy to see that the tree was preserved. Vice Mayor Lucier asked if the portico would be auctioned off. Ms. Owen stated that it is for sale. Ms. Owen and Mr. Frasier were unsure of when the auction would be. 

Councilmember Barsky asked what the timeframe was to tear down and move the house. Ms. Owen stated that the work is under one contractor. Mr. Frasier stated perhaps in the fall. 

 Roll call vote: Hartfield, Herman, Lucier, Main, O’Keefe, Robertson, Barsky (no). (6-1) Ordinance No. 08-04 is adopted. 

 Ordinance No. 09-04, An Ordinance To Amend Ordinance No. 26-03 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2004 And Revising Sums For Operating Expenses was introduced by Councilmember OKeefe. Second by Vice Mayor Lucier.

Discussion: None. 

 Roll call vote: Herman, Lucier, Main, O’Keefe, Robertson, Barsky, Hartfield. (7-0) Ordinance No. 08-04 is adopted. 

Resolution No. 04-44, A Resolution To Award The Bid For West Elm Street Roadway And Water-Line Improvements, As Per Specifications, To Elite Excavating, Inc. And to Authorize The Village Manager To Enter Into An Agreement Therefore was previously introduced by Councilmember Barsky under ‘New Business.’ Second by Councilmember OKeefe. 

Councilmember Barsky moved to take Resolution No. 04-44 off the table. Seconded by Councilmember OKeefe. Motion carried (7-0). Resolution No. 04-44 is adopted.

REVIEW OF MINUTES Regularly Scheduled Meeting of May 19, 2004 Councilmember Main moved to accept the minutes as amended. Second by Councilmember Barsky. Motion carried, 7-0. 

COMMITTEE REPORTS Light, Safety, Sts/Sidewalks & Utility Committee Vice Mayor Lucier stated that she has a procedural question on the minutes. She asked if there are corrections, should they be corrected and sent back. It was stated that it would be fine to email any corrections back to the individual preparing the committee minutes. 

Councilmember Herman stated that he had a question on the ‘2005 Projects’ and ‘$500,000’ listed in the minutes. He asked for more information. Councilmember Herman stated that the budgeting concepts for these projects might be changed if they opt to do ‘Strategic Budgeting’, which he would be discussing later. Councilmember Main stated that the ‘2005 Projects’ was a “wish list” by the committee. 

Councilmember OKeefe asked why the West College and Mulberry project was upgraded, while the Burg Street and South Prospect were delayed. Manager Hickman stated that this was partly due to the recent rains and storm drain issues. Councilmember Main added that water from a retention pond near Dension comes down the hill and it appears as though the water is draining, but it is really rising up from the storm drain. He stated that Mulberry Street has heaved up and needs attention. 

Mayor Robertson urged the LSSU committee to look at the Walkability study in regards to Burg Street.

Vice Mayor Lucier stated that Terry Hopkins has been asked to give staff recommendations on sidewalk projects for 2005 and that he was tentatively given $50,000 to work with.

Vice Mayor Lucier stated that the committee also discussed the Newark-Granville Road and College Street intersection, as well as traffic calming. Councilmember OKeefe asked if “traffic calming” is an attempt to respond to the residents who have written Council in regards to traffic issues. Vice Mayor Lucier stated yes. 

Manager Hickman stated that he would get updated LSSU committee minutes to Council. Councilmember Main stated that it would be good to include the study in those minutes. 

Economic, Finance, Personnel Committee Councilmember Herman stated that the committee is looking at the Economic Analysis from two years ago. He stated that if anyone has any corrections for the minutes to please let him know. Councilmember Herman stated that the committee is looking at doing budgeting in a way that ties the planning and budgeting together. He called this ‘Strategic Planning.’ Councilmember Herman stated that with ‘Traditional Budgeting’ you start with the capital budget and then go to incremental budgeting. He stated that under the ‘Strategic Budgeting’ concept funds are assigned by priority. Councilmember Herman stated that the budget cycle starts again in August. Mayor Robertson stated that she would welcome a change to be more proactive in terms of planning and budgeting. She asked if the committee was at a point to recommend “Strategic Budgeting.’ Councilmember Herman stated that the committee is still reviewing the concept. Mayor Robertson stated that it would be great if the committee could look at what their next step could be. 

Planning & Zoning Committee Councilmember Barsky stated that the committee is continuing to work through the draft document on a JEDD provided by Law Director Crites. She stated that the Law Director is collecting all of their ideas and preparing a new draft document to work from at their next meeting. Councilmember Barsky stated that after that meeting they hope to have something to share with the Township Trustees. Mayor Robertson added that they are continuing to work very hard on this and that they met for five hours at their last meeting. Union Cemetery No Meeting. 

 Planning Commission Councilmember OKeefe stated that they had a light meeting. She stated that the application to move the awning sign for ‘Little Pleasures” to Broadway was approved. Councilmember OKeefe stated that an issue of lights at the BancOne ATM (near Granville Market) was resolved. It was stated that two 250 watt pole lights (resembling the street lights) would be installed, as well as some painting on the signs. OTHER COUNCIL MATTERS Groundhogs – Manager Hickman made Council aware of a phone call he received from a resident in Bryn Du woods. He stated that the resident was complaining of problems with groundhogs digging holes and possibly endangering young children. Manager Hickman stated that he was not sure what to do about this issue at this time. Councilmember OKeefe suggested that he have the resident contact an animal control agency. Manager Hickman stated that the village will pay for the removal of one nuisance animal per household per year until the budgeting money is exhausted. Other – Vice Mayor Lucier inquired on whether or not the Recreation Commission has requested a Council member to be present at each of their meetings. Councilmember Barsky stated that they may have misunderstood and thought that Vice Mayor Lucier would be representing Council since they had previously told the Recreation Commission that the newly appointed Councilmember might be willing to serve on their committee. Vice Mayor Lucier indicated that she would not be interested in serving on the Recreation Commission. Council asked how often the Recreation Commission meets. It was stated that the front door lists that they meet once a month. Councilmember OKeefe stated that she would be willing to serve on the Recreation Commission if they meet once per month, but if they meet twice per month perhaps another Councilmember could also serve. Manager Hickman stated that he would find out the particulars on the Recreation Commission’s meeting schedule.

Councilmember Barsky stated that she is currently serving on the Tree and Landscape Committee and is not sure that they need a Councilmember’s attendance at each meeting. She suggested that perhaps in the future the committee could send a note when they need to have a Council member present at their meetings. 

Vice Mayor Lucier inquired on the Planning Commission appointment. Chris Strayer, Village Planner, stated that all of the applications came in after the deadline. He stated that they have three applicants willing to serve on the Planning Commission, but expect at least one more. 

Councilmember OKeefe stated that she received a report from the school board with the results from the community dialogue questionnaire. She stated that the report was divided into four sections. Mayor Robertson asked for copies of the report to be sent to Council. Councilmember OKeefe stated she would also check about an executive summary of the report. 

Mayor Robertson inquired about the Granville Arts Commission. She asked if names have been submitted. Manager Hickman stated yes. Mayor Roberton stated that she will have language changes ready for the next meeting and asked Manager Hickman to have this on the June 16 agenda. 

Mayor Robertson stated that she attended a meeting on the Bicentennial Ball being held over Thanksgiving weekend 2005. She stated that the committee’s preference is to have the ball at the Bryn Du Mansion, but there are not enough restrooms available. Mayor Robertson asked if the Bryn Du Commission could be made aware of this desire by the Bicentennial Committee. Councilmember Herman stated that he would have some concerns over the village promoting the Bicentennial Ball if it is not accessible to the entire community due to the price. Council stated that the fee has been reduced from what was originally proposed. Councilmember Herman stated that reducing the fee would make him more comfortable, but this is a good example of why ‘Strategic Budgeting’ would be beneficial. Manager Hickman stated that the Bryn Du Commission is aware of the Bicentennial Committee’s request, but they are looking for Council’s direction. They stated that they are also looking at the parking lot issue and a kitchen installation. Mayor Robertson stated that the Bicentennial Committee meets again in September. Councilmember OKeefe stated that for the Bryn Du Mansion to be usable, there needs to be bathrooms. Council agreed.

Councilmember Barsky stated the she has no feedback on the Bryn Du Commission Resolution language changes. She stated she will find some time to work on this. 

Manager Hickman stated that he will check on what will be a good time for the LSSU Committee to meet. 

 EXECUTIVE SESSION Councilmember Herman moved to enter into Executive Session, Pursuant to ORC 121.22(G)(3) – To conference with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action and to discuss property located at 118 South Main Street. Second by Councilmember Barsky.

Roll call vote: Lucier, Main, O’Keefe, Robertson, Barsky, Hartfield, Herman.

Time in: 9:20 pm

Councilmember Barsky moved to adjourn Executive Session. Councilmember Herman second.

Roll call vote: Main, O’Keefe, Robertson, Barsky, Hartfield, Herman, Lucier. 

Time out: 9:55 pm 

 ADJOURNMENT At 9:55 pm, Vice Mayor Lucier moved to adjourn the meeting. Second by Councilmember Herman. Motion carried, 7-0. Meeting adjourned. 

 Submitted by Melanie Schott 

Council Minutes 5/19/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES May 19, 2004

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

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were, Councilmembers Barsky, Hartfield, Herman, Lucier, Main, O’Keefe, and Mayor Robertson; Manager Hickman and Law Director Crites. Township Trustees Havens and Sargent. Motion carried. 

APPROVAL OF AGENDA (7:31pm) Councilmember Main moved to accept the agenda as presented, seconded by Councilmember OKeefe. Motion carried.

Councilmember OKeefe stated that the following two meetings should be listed on the agenda: Economic, Finance, and Personnel Committee – June 1 – 7:30 pm. Community Connection meeting – June 7 – 7:00 pm. 

UNION CEMETERY BOARD MEETING (called to order by Mayor Robertson at 7:34pm) Resolution No. 04-38, A Resolution To Declare With The Granville Township Trustees That Operation And Maintenance Of The Union Cemetery Under The Provisions Of Section 759.34 Of The Ohio Revised Code Continue And To Fill Expired Terms On The Union Cemetery Board of Trustees was introduced by Trustee Havens. Second by Councilmember Barsky.

 Discussion: Councilmember Barsky asked if Union and Old Colony Cemetery were the same. Trustee Havens stated yes, and there are also two other cemeteries that are maintained from the cemetery levy funds. They are: Maple Grove Cemetery and Phillips Cemetery. 

Trustee Sargent stated that maintaining the stones in the cemeteries is likely to be a never ending situation. He stated that there are many old stones that are not tended to any longer. It was stated that a large amount of the repairs is done during a four week stretch, or twenty working days each year. An outside source has been hired to do these repairs and has done so for the past thirteen years. Councilmember Barsky thanked the Cemetery Board for their work. Councilmember Main added that Flo Hoffman is the key to board. He added that the board really has a need for community volunteer help. Ms. Hoffman added that they are also in desperate need of a gardener. She stated that the materials would be provided, but the labor would be volunteer. Mayor Robertson asked if this information could be made available, perhaps through the Sentinel. She added that perhaps some students could also volunteer. It was stated that the board is able to accept donations to the ‘Old Colony Cemetery Board.’ Councilmember Main added that Mike Frazier does an excellent job at handling the finances for the board. Mayor Robertson asked if the Opera Park money has been exhausted. Ms. Hoffman stated that it was spent entirely, and was used for a period of nine years. It was stated that the annual Walking Tour would be on June 3rd at 7:00 pm at the Old Colony Cemetery. 

Trustee Havens moved for the adoption of Resolution 04- 38. Seconded by Councilmember Barsky. 

Resolution passed unanimously.

Mayor Robertson adjourned the Union Cemetery Board Meeting at 7:42 pm.

Trustee Havens stated that their newsletter should be reaching Council shortly and it depicts green space areas already purchased. He stated that the Trustees welcome any comments or questions Council might have regarding the newsletter. 

APPOINT VICE MAYOR Councilmember Herman stated he would be interested in serving as Vice Mayor. He stated that he has given the position a lot of thought and feels that he would be well suited because he, like Clifton Crais, also has children in the school system. He stated that this perspective could be beneficial. Councilmember Herman stated that he feels an elected (rather than an appointed) official would be best. 

Councilmember Lucier stated that she too would be interested in serving as Vice Mayor. She stated that a major responsibility of the Vice Mayor is helping with Mayor’s Court and she has great interest in this area. Councilmember Lucier stated that her experience would serve well, and although she has been appointed to Council, she does have previous Council experience. 

Councilmember OKeefe asked Councilmember Herman if having children at home would impact his availability for some of the requirements related to being Vice Mayor. Councilmember Herman said it would not. 

Councilmember Lucier asked when Mayor’s Court is typically held. Mayor Robertson stated that it is currently held at noon on Fridays. She stated that there is some room to change this if need be. 

Mayor Robertson added that there are two fine candidates for Council to choose from for Vice Mayor. Councilmember OKeefe stated she seconded the same belief. Mayor Robertson asked for ballots to be distributed. .

 Oath of Office was administered to Barbara Lucier. . 

CITIZENS’ COMMENTS (7:52 pm) All topics – None.

Mayor Robertson read aloud a letter from Dr. Woodyard in regards to the excellence and his appreciation of the Granville Police force. 

Mayor Robertson closed public comments at 7:53 pm. 

PUBLIC HEARING None scheduled. 

 NEW BUSINESS (7:54 pm) Resolution No. 04-39, A Resolution To Appoint A Fire Prevention Officer And Deputy Fire Prevention Officer was introduced by Councilmember Main. Second by Councilmember Barsky.

Discussion: Vice Mayor Lucier stated that in Section II – the apostrophe should be removed. 

 Motion carried (7-0). Resolution No. 04-39 is adopted. 

 Resolution No. 04-40, A Resolution To Authorize The Village Manager To Advertise For Bids For 2004 Street Painting was introduced by Councilmember Barsky. Second by Councilmember OKeefe.

Discussion: Councilmember OKeefe asked when thermoplastic coating is used. Manager Hickman stated that they normally use it on newly paved roads. He stated that when painting is used for marking roads, it is done every year. Manager Hickman stated that the thermoplastic is more money up front, but seems to last longer. Manager Hickman stated that previous Council’s have preferred the use of thermoplastic over painting. 

 Motion carried (7-0). Resolution No. 04-40 is adopted 

 Ordinance No.09-04, An Ordinance To Amend Ordinance No. 26-03 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2004 And Revising Sums For Operating Expenses was introduced by Councilmember OKeefe. Second by Councilmember Main.

Discussion: Manager Hickman stated that he still needs to talk with Mr. Tyler in regards to the banner naming the village as a sponsor. He stated that he would prefer that the banner money come out of the $2500. 

Mayor Robertson scheduled the public hearing for June 2, 2004. 

 OLD BUSINESS None scheduled. 

REVIEW OF MINUTES Regularly Scheduled Meeting of May 5, 2004 Councilmember Main moved to accept the minutes as amended; seconded by Councilmember Hartfield. Motion carried, 7- 0. 

MAYOR’S COURT REPORT – March The Mayor’s Court Report for the month of March was presented for review.

Discussion: None. 

Councilmember Barsky moved to accept the report; second by Vice Mayor Lucier. Motion carried, 7-0 

 Mayor Robertson instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes. 

 MAYOR’S COURT REPORT – April The Mayor’s Court Report for the month of April was presented for review.

Discussion: None.

Councilmember Herman moved to accept the report; second by Councilmember Barsky. Motion carried, 7-0 

 Mayor Robertson instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes. 

 MANAGER’S REPORT – April The Manager’s Report for the month of April was presented for review. 

Discussion: Councilmember Barsky stated that it would be helpful to her to have the data depicted through graphs. She inquired on the revenues paid from the general fund and stated that they were down $8000 (for March and April). Councilmember Barsky asked if these are random fluctuations. Manager Hickman stated that they definitely do experience random fluctuations. Councilmember Herman stated that the Economic, Finance, and Personnel Committee have discussed data display, and he would welcome any suggestions anyone has on this. Councilmember Barsky stated that it would be helpful to her to read the data over an extended period of time, rather than month to month. Mayor Robertson inquired on the one truck violation out of 47. She asked what reason was given to the 46 complying trucks for being pulled over. Manager Hickman stated that these are random and normally every other truck is pulled over. Mayor Robertson stated that it appears the scales are working well to minimize the number of overloaded trucks going through town. Councilmember OKeefe asked about trucks with trailers and how they are permitted with the weight. Vice Mayor Lucier stated that trucks are weighed per axle. Councilmember OKeefe asked if new signs would be put up where speed bumps are in place. Manager Hickman stated that it is his preference to not use additional signage, unless Council would request this. Councilmember Barsky asked what a ‘stop stick’ was. Manager Hickman stated that it punctures tires when thrown accurately. Councilmember Barsky also asked if page two of the report – Granville Income Tax Revenue – 56.82% was a rolling percentage. It was stated that this was a rolling percentage. Councilmember Barsky moved to accept the report; seconded by Councilmember Hartfield. Motion carried 7-0.

 Mayor Robertson instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes. 

COMMITTEE REPORTS 

Economic, Finance, Personnel Committee (EFP) – Hartfield, Herman, O’Keefe Will meet June 1, 04. 

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) – Crais, Hartfield, Main No Report.

Planning Commission – O’Keefe Councilmember OKeefe stated that the committee is approving the curb cuts for Milner Road after addressing what was asked of them. She stated that 80 new parking spaces will be added for Denison University next to Ebaugh’s. Councilmember Main asked if these spaces would be placed in a forested area. Councilmember OKeefe stated no. Councilmember OKeefe also stated that the Pyle house demolition and moving of the house would take place on the same day. She went on to say that the fire department approved of the relocation plan for the Sinnett house. Councilmember OKeefe stated that the plan depicts the driveway location on the south side. Council discussed the Sinnett house. Councilmember Barsky stated that she sees some issues with the site plan, but will bring these concerns up when the plan is brought before Council. She stated that there is some concern on larger trucks getting into the Post Office. Vice Mayor Lucier asked what authority Council has on this matter. Manager Hickman stated that Council has the ultimate authority. Law Director Crites stated that Council could modify the site before the final approval. Manager Hickman stated that he has held off on signing the demolition permit until Council has had time to further discuss this. Mayor Robertson stated that it would be good to hold off on signing the permit until Council can take a good look at the Sinnett house. Councilmember Barsky stated that it was her belief that the Historical Society was unable to get insurance because the house was not stable enough to move. Council also asked if things were being moved forward before the needed funds have been raised. Councilmember Main stated that it was his belief through all the discussions he has heard that all of this was subject to the library board raising $150,000. Manager Hickman stated that he believed the library board has raised enough money, but Mike Frazier and Ruth Owens would be able to say for sure at the next Council meeting. Councilmember OKeefe inquired on whether or not Granville Fellowship still wanted the Sinnett house as their meeting place. Vice Mayor Lucier stated that at this point, what is the hurry. Manager Hickman stated that the pace may not seem as hurrysome to them because they have been working on this project for quite some time. Councilmember Main stated that the library board sees the Sinnett house as an obstacle and they want to move forward with what they really want to be working on. 

Planning & Zoning Committee (P&Z) – Barsky, Crais, Robertson Councilmember Barsky stated that Law Director Crites has been going over the template provided on a JEDD. She stated that any suggestions would be welcomed before the 10:00 am. Meeting on May 20th. It was stated that Council will have additional opportunities to provide further input. 

Union Cemetery –Main Meeting activities are part of these minutes. 

 OTHER COUNCIL MATTERS

Mayor Robertson stated the following changes in committee assignments: Vice Mayor Lucier will serve on the LSSU and Economic, Finance, and Personnel committees. Councilmember OKeefe will move from the Economic, Finance, and Personnel committee to the Planning and Zoning committee. 

Bryn Du Commission – Mayor Robertson stated that she attended one of the Bryn Du Commission meetings and they discussed the charge before them. She stated that they appear to be comfortable with the charge. Councilmember Barsky stated that she feels some language in the Resolution implies a specific development plan for the Bryn Du Commission to follow. She stated that simply changing the word “the” to “a” might help clarify that there is no specific development plan in place for them to follow. She went on to say that the Commission should implement a development plan that evolves from the work that has already been done by previous committees, and that this clarification is not in terms of the vision. Law Director Crites stated that a Resolution can be amended with another Resolution. Councilmember Hartfield stated that an exit plan (if the plan becomes a huge financial burden) has not been discussed. Councilmember Herman indicated that Council could still have the option to sell the property if need be. Mayor Robertson stated that she can understand that in years to come the language can be misinterpreted, and that the concerns Councilmember Barsky brought up are worthy of thinking about. Councilmember Barsky stated that perhaps the issues she is bringing up could be addressed in the Commission’s by- laws. Law Director Crites indicated that normally a Commission sets up their own by-laws. Steve Herb stated that the Commission realizes that the ultimate authority is with Council. He stated that the Commission does have some concern on how to take the politics out. Councilmember Herman stated that he is not sure this is even an issue. He questioned what problem Council is trying to solve right now by making these changes in the Resolution. Councilmember Herman stated that it makes him nervous to “pull things by their roots to see if they are growing.” He indicated that the Commission seems to be acting as Council intended. Mayor Robertson stated that anyone wishing to further look at the language in the Resolution could do so and prepare their thoughts and suggestions for a future meeting. She went on to say that she believes Councilmember Barsky’s intent is to prevent any problems in the future. 

Walkability – Mayor Robertson suggested that this study be sent to the LSSU Committee. Councilmember Hartfield stated that some of the suggestions in the report are after the fact and perhaps too late to address. She and Councilmember Main stated that the committee would “digest” the report. Mayor Robertson asked for the LSSU Committee to report back on what their timeline might be, and asked for the committee to not forget about the report. She stated that we helped support a nationally known expert on walkabiltiy and Denison senior students did a considerable amount of work on the study. She stated that we want to be a walkable community. Councilmember Herman stated that it is really important to keep in mind the economic aspects of the suggestions and also keep in mind all the other decisions Council must focus on. Councilmember OKeefe asked when Burg Street might get paved. Manager Hickman stated that it is at least two years away, but he wouldn’t want to do anything until there is some consensus by Council on walkability. 

Manager Hickman asked for Council to check their calendars for the next couple of Council meetings. He stated that perhaps one meeting could be canceled. He suggested the July 21st meeting. 

Mayor Robertson stated that Council has been invited to a ‘Weapons of Mass Destruction Exercise’ in Columbus on June 26 at 8:45 am. It was stated that this exercise if for law enforcement/fire departments to practice for such a catastrophe. 

Mayor Robertson distributed to Council information on a ‘Leaders Luncheon’ on May 20. 

Mayor Robertson stated that there is a Planning and Zoning workshop being held in Columbus on July 30th. 

 EXECUTIVE SESSION Councilmember Herman moved to enter into Executive Session, Pursuant to ORC 121.22(G)(3) – To conference with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action. Second by Councilmember Main. 

Roll call vote: Lucier, Hartfield, Main, O’Keefe, Robertson, Barsky, Herman.

Time in: 9:20 pm

Councilmember Hartfield moved to adjourn Executive Session. Councilmember Main second.

Roll call vote: Hartfield, Main, O’Keefe, Robertson, Barsky, Herman, Lucier.

Time out: 9:35 pm 

 Ordinance No. 10-04, An Ordinance To Authorize The Village Manage To Execute A lease Agreement For The Property Located AT 118 South Main Street For A Sixteen Day Period And To Declare An Emergency was introduced by Councilmember Main, seconded by Councilmember OKeefe. 

Roll Call Vote on the Emergency: Lucier, Hartfield, Main, OKeefe, Robertson, Barsky, Herman. Motion carried (7-0). Ordinance No. 10-04 is passed as an emergency. 

Roll Call Vote on Ordiance No. 10-04: Hartfield, Main, OKeefe, Robertson, Barsky, Herman, Lucier Motion carried (7-0). Ordinance No. 10-04 is adopted. 

ADJOURNMENT (9:40 pm) Councilmember Main moved to adjourn. Second by Councilmember OKeefe. Motion carried, 7-0. Meeting adjourned.

 

 Submitted by Melanie Schott 

Council Minutes 5/5/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES May 5, 2004 

CALL TO ORDER (by Mayor Robertson at 7:33pm) 

PLEDGE OF ALLEGIANCE

Councilmember Hartfield moved to amend the agenda and place the roll call after item No. 2. Seconded by Councilmember Herman.

ROLL CALL Those responding to the roll call were Councilmembers Barsky, Hartfield, Herman, O’Keefe, and Mayor Robertson. Law Director Crites and Manager Hickman. Councilmember Herman moved to excuse Councilmember Main. Seconded by Councilmember Hartfield. 

APPROVAL OF AGENDA (7:35 pm) Councilmember OKeefe moved to approve the agenda as amended, seconded by Councilmember Barsky. Motion carried. 

CITIZENS’ COMMENTS (7:35 pm) Mr. Marsh, Director of Granville Township Sanitary District, spoke to Council in regards to mosquitoes and the process the Sanitary District goes through to get rid of them. Mr. Marsh stated that the Sanitary District was formed in 1971. He mentioned that some bad areas in Granville for mosquitoes are on West Broadway (by Wildwood Park), the south side of the bike path, and an area near Red Point swamp. He stated that they check for larvae and treat it appropriately. Mr. Marsh asked to be contacted if anyone knows of areas where water is setting, because these types of areas are particularly bad for mosquito breeding. Mr. Marsh stated that they currently work with Newark for treating mosquitoes. Mr. Marsh stated that this is paid for through the County Auditor and the last money received by the Granville Township Sanitary District was a 10th of a mil/$25,000. 

Harry Ballinger, Director of Environmental Health, Newark, spoke to Council in regards to how Newark helps Granville treat for mosquitoes. He stated that they charge a per hour rate under contract, as well as mileage to and from Newark. Mr. Ballinger stated that one component of the program includes the prevention of encephalitis. He also stated that Mr. Marsh was very progressive with helping to start the Sanitary District in Granville because it was the first mosquito prevention program in Ohio. Mr. Barringer went on to say that the Licking County Health Department should be contacted about dead birds – particularly Crows and Blue Jays. He stated that dead birds are related to the West Nile virus, and there have been cases of West Nile virus in Licking County. Mr. Ballinger stated that they are currently putting out larvcide to aide in killing mosquito larvae. He indicated that granules have been spread in lying water near Wildwood Park. Mr. Ballinger stated that as a last resort, they will use spraying from a volume mist sprayer. He stated that the mist sprayer is different from fogging, which hasn’t been done since 1975. Mr. Ballinger stated that spraying occurs when mosquitoes are out – from dusk to dawn. He stated that all operators of the mist sprayer are licensed and travel in a pickup truck with a yellow flashing light. Mr. Ballinger stated that the product they use is called ‘Biomist” or “Mosquito Mist.” He stated that these have a very low LD, and with two hours in the sun the product is completely broken down. Mr. Ballinger stated that the operators of the mist sprayer wear protection because they are around the product for hours at a time, and the sprayer is noisy. Mr. Ballinger stated that it is public record as to how much pesticide is used, and where the product was sprayed, along with the mileage. Mr. Ballinger stated that the most overlooked problem for mosquito hatching is at home. He stated that gutters (with water lying in them) is the most overlooked problem. Mr. Ballinger also stated that tires with water, bird baths, and tarps with gathered water can also create a problem. Mr. Ballinger ended by stating that ¼ cup of lying water and can support ¼ cup of mosquitoes. He stated that anyone knowing of problem areas with mosquitoes should contact Mr. Marsh or Mr. Hickman. 

Mayor Robertson asked that the information shared by Mr. Ballinger regarding mosquitoes and overlooked areas be made available on the website and Sentinel. She stated that she appreciated Mr. Marsh’s and Mr. Ballinger’s efforts all summer long. 

Mayor Robertson closed citizens’ comments at 8:02 pm. 

COUNCIL APPOINTMENT

The following people spoke to Council in support of individuals for the Council appointment:

Tracee Karaffa, 300 North Pearl Street, stated that she believed Barb Lucier is like-minded to Clifton Crais and she supports her for the council appointment.

Maxine Montgomery, 325 Shannon Lane, stated she supports Matt McGowan. She asked that he be appointed to the open seat on Council. Ms. Montgomery stated that Mr. McGowan was fifth highest vote getter during the November election.

Dan Bellman, 320 North Pearl Street, stated that Ben Rader did do a good job when he served on Council. Mr. Bellman also stated that although he and Mr. McGowan did not always agree, he feels at certain times he too did a good job. However, in regards to the vision of this current Council, Mr. Bellman stated that Barb Lucier would be a good match. 

The following candidates spoke to Council in regards to the vacancy:

Mark Widner, 316 West Elm Street, stated that he was interested in being appointed for the vacancy on Council. He stated that he is new to the village (August 2003). Mr. Widner said that he lived in Europe for seven years and before that was appointed to Council in Fairfield County for three years. Mr. Widner stated that he has a lot to offer and perhaps someone new to the area – with a different set of eyes – would be good for this Council.

Matt McGowan, 330 Spellman Street, stated that information regarding his being pro-development was distributed during the campaign. He stated that he does not believe this to be true and that he can cite numerous cases where this is not the case. Mr. McGowan stated that during the Bob Evans controversy he made an effort to talk with the Vice President of Construction for Bob Evans, and as a result there is now a better Bob Evans than what was voted on. Mr. McGowan stated that he, along with Candi Moore, first suggested looking at the Bryn Du property. He stated that he worked with the Trustees and as a result there is a beautifully preserved green space. Lastly, Mr. McGowan stated that the assets he could bring to Council would be his ability to work with other entities in the community. He stated that Council has received letters of support from the school board and Chamber of Commerce president. Mr. McGowan also stated that he has good relations with the Granville business community. 

Mayor Robertson thanked Mr. McGowan for the good things he has done for Granville.

Ben Rader, no address given, stated that he moved to Granville in 1968. He stated that he was previously on Council for twelve years. Mr. Rader stated that he has served on two Comprehensive Plan committees, as well as helping raise $400,000 for the schools in the “Bringing Together” campaign. Mr. Rader went on to say that he has served as a member on the Bryn Du committee, Rotary member, and a local business owner. Mr. Rader stated that he knows the Village and he is the type of person who gets the facts and makes his own decisions. Mr. Rader ended by saying that he is very pleased to see new people willing to serve on Village Council. 

Mayor Robertson thanked Mr. Rader for the good things he has done for Granville.

Barbara Lucier, 216 South Pearl Street, stated that she is interested in being appointed to the vacancy, but she has no intention of running in the November 2005 election. She stated that there will be opportunity for others to serve at that time if she is appointed. Ms. Lucier stated that she would bring an ability to look at each issue with a fresh eye. She said that she has no pre-conceived ideas on how things should go. Ms. Lucier also stated that she agrees with Mr. Rader on how nice it is to have some new people serving on Council. Mayor Robertson added that Ms. Lucier previously served on Council for one term. 

Fred Wolfe, 79 Wexford Drive, stated that he has twenty years of experience in government and politics. Mr. Wolfe stated that he worked with the Legislature for four years and spent six years working on Capital Hill. He also stated that he is an active member in the community, and the owner of a local business – Victoria’s Parlor. Mr. Wolfe stated that he felt his diversified background and the fact of being a local business owner would be an asset to village Council. 

Amber Mitchell, 600 West Broadway, stated that she has spoken to Council in the past on her willingness to serve the community in some capacity. 

Mayor Robertson thanked all of the people who volunteered to fill the vacancy on Council. She stated that it was nice to have six people willing to serve in our community. 

 COUNCIL APPOINTMENT By a vote of 4 to 1, Barbara Lucier was appointed to serve on Village Council for the unexpired term that was vacated by Clifton Crais. Law Director Crites administered the Oath of Office to Barbara Lucier. 

 PUBLIC HEARING None Scheduled 

NEW BUSINESS (8:15 pm) Resolution No. 04-37, A Resolution Authorizing Village Funds For The Grand Prix Bicycle Race was introduced by Councilmember Herman. Second by Councilmember Hartfield. 

Discussion: Councilmember Barsky asked Mr. Tyler if the $2500 requested was a firm number. Mr. Tyler stated yes, especially due to the loss of his primary sponsor in the past – Unizan Bank. Councilmember Barsky also asked how the sponsors for the Grand Prix race are recognized. Mr. Tyler stated that laps can be bought and there will be a banner used. He stated that there is also a courtesy tent set up for sponsors. Manager Hickman indicated that he will speak with Mr. Tyler about a banner. 

Motion carried (7-0). Resolution No. 04-37 is adopted.

 Ordinance No. 08-04, An Ordinance Approving The Application To Rezone Property Owned By The Granville Public Library Located At 122 South Prospect Street was introduced by Councilmember Hartfield. Second by Councilmember OKeefe.

Discussion: Mayor Robertson indicated that she received some information that depicts some of the history of the Sinnett House. She asked for copies of this information to be made and distributed to Council.

 Mayor Robertson set the public hearing for June 2, 2004. 

 OLD BUSINESS None Scheduled REVIEW OF MINUTES Regularly Scheduled Meeting of April 21, 2004 Councilmember Herman moved to accept the minutes as amended. Second by Councilmember Barsky. Motion carried, 7-0. 

COMMITTEE REPORTS Light, Safety, Sts/Sidewalks & Utility Committee No meeting.

Economic, Finance, Personnel Committee Councilmember Herman stated that Council should expect in the not too distant future an inventory of recommendations of the Economic Analysis report done in 2001. He stated that there will be input on the recommendations that have been enacted. Councilmember Herman also stated that when looking to do another Economic Analysis, you need to review what has already been done. Councilmember Hartfield asked if the Chamber of Commerce would be emailed information about the Economic Analysis. Manager Hickman stated yes, possibly tomorrow. Mayor Robertson inquired on the notation in the minutes regarding a visitor’s center and the committee’s work with ‘Downtown Ohio.’ Councilmember Herman stated that this information is being gathered and would be brought before Council at a later time.

Planning & Zoning Committee Councilmember Barsky stated that the committee continued discussions of a JEDD. She stated that information is in Council’s packets for their review. Councilmember Barsky stated that Council needs to have any feedback on this information back to her before the May 20th meeting. Councilmember Barsky went on to thank Law Director Crites for his work in preparing this information. She stated that Law Director Crites is also researching water and sewer extensions if there was a JEDD in place. Councilmember Barsky went on to say that she wanted Council to be aware of the possibility of upcoming discussions on amending the Charter. She stated that she feels citizens should have the right to referendum particularly concerning water and sewer extensions. Councilmember Barsky stated that the current Charter does not allow for the right to referendum for water and sewer extensions. Councilmember Barsky stated that the citizens should have the right to question anything Council does. Councilmember Hartfield asked if this could impact a decision on a JEDD. Councilmember Barsky replied yes if the charter change was passed prior to Council’s approval of a JEDD. Mayor Robertson indicated that such a discussion would need to take place before August because of the ballot. 

Union Cemetery No meeting. Planning Commission Councilmember OKeefe stated that nice things were proposed for the Granville Mill. She stated that their plans to remove asphalt and plant grass (as well as other things) was approved. Councilmember OKeefe also stated that a resident on South Prospect street is requesting a curb cut for a second driveway. She stated that this particular issue was tabled. Councilmember OKeefe stated that a demolition permit for 117 South Pearl Street was also approved. OTHER COUNCIL MATTERS Mayor Robertson asked Council to think about the newly formed Arts Commission, and the possibility of it becoming a bit larger. She stated that she would have the proper language prepared to vote on amending this legislation in a future meeting.

Council stated that they are ready to have names submitted for individuals willing to serve on the Planning and BZBA committees. Appointments will be made during the June 2nd Council meeting. Mark Widner asked how he can receive information about these positions. Mayor Robertson encouraged him to speak to anyone on Council, as well as Manager Hickman.

Councilmember Barsky inquired on the charge for the newly formed Bryn Du Commission. She stated that there needs to be a clear charge with documentation showing what that charge is. Councilmember Barsky stated that this is especially needed due to the lack of a clear charge for the Comprehensive Plan committee. There was som disagreement about what was submitted by the committee. Mayor Robertson stated that she and Ms. Recchie would like to speak to the Commission at one of their next two meetings. She asked for Manager Hickman to check on Ms. Recchie’s availability. Mayor Robertson also asked for Manager Hickman to get copies of the Resolution to Councilmembers. She stated that perhaps the charge would appear a bit clearer once they have reviewed the Resolution. Steve Herb, member of the Bryn Du Commission, stated that they will meet on the off Wednesday’s of Council meetings. He also stated that there appears to be an error in the Resolution. He indicated that it states the Commission should report back to Council every other year, instead of Council’s intent to meet with the Commission twice per year. Law Director Crites said this could be accepted without requiring further Council action – as it reflected Council’s intent. 

Councilmember OKeefe inquired on some information Council asked Manager Hickman to check on. Council asked for information on maintenance costs in the March Manager’s Report and tax receipts. Council also asked for information on the clock being presented by the Rotary. Specifically, Council wished to know the color of the numerals and how the clock would be lit. 

Mayor Robertson asked for the Agenda Template to always include “Other” when other items are listed on the agenda under “Other Council Matters.” 

Council discussed the study presented by Denison University students on Walkability. The report goes over making parts of the village that are not walkable – walkable. A nationally known expert, Dan Burden, also spoke on making the community feel more pedestrian oriented. Mayor Robertson stated that she would like to see all of the Councilmembers look at the report. She suggested letting the LSSU Committee familiarize themselves with the report and then have comments come back to Council. Mayor Robertson asked Manager Hickman to provide copies of the Walkability study in Council packets. Councilmember OKeefe stated that there was some concern as to the cost of some of the suggestions and how to pay for them. She stated that she felt the students did a very thorough job. Councilmember Barsky inquired on the regional seminar suggested by Mr. Burden. She asked if Chris Strayer has received any information on this. Manager Hickman stated he would look into this and he knew Mr. Strayer had contacted ODOT and Mr. Burden, but they might still be waiting to hear back from Mr. Burden. Councilmember Barsky stated that the regional seminar would not cost the Village much because people would be charged to attend. It was stated that Trudy Knox would also be interested in organizing the regional seminar. Manager Hickman stated that ideally this fall would be a good time to hold the seminar.

Council discussed a proposed boulevard on Prospect and Maple street. Manager Hickman stated that for various reasons, the neighbors in that area do not want the boulevard. Council asked what some of their reasons were. Manager Hickman stated that parking, UPS access, horse trailer access, and emergency vehicle access were all reasons given for not wanting the boulevard. Councilmember Barsky asked if the fire department was contacted about being able to access if the boulevard was installed. Manager Hickman stated that he sent a letter and placed a phone call, but didn’t hear anything back from the fire department. He stated that the turn should have been maneuverable since the fire department needs around eighteen feet. Councilmember Herman asked what would become of the money appropriated for this in the Resolution passed during the last Council meeting. Manager Hickman stated the money would not get spent. Councilmember Barsky stated that although she wants citizens to have input, in this matter we gave residents plenty of notice. She asked if the road/curbs will now be replaced as is. Manager Hickman stated yes, there will also be two solid yellow lines with reflectors and a crosswalk. Councilmember Lucier asked Manager Hickman to get some documentation from the fire department on what their actual need is when responding to an emergency and needed space. Manager Hickman stated he believed they liked to have eighteen feet. Councilmember Lucier stated that it would still be helpful to know what they need to have. 

 ADJOURNMENT At 8:55 pm, Councilmember Barsky moved to adjourn the meeting. Second by Councilmember OKeefe. Motion carried, 7-0. Meeting adjourned. 

Submitted by Melanie Schott 

Council Minutes 4/21/02

 VILLAGE OF GRANVILLE COUNCIL MINUTES April 21, 2004

CALL TO ORDER (by Mayor Robertson at 7:30 pm) 

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were Councilmembers Barsky, Hartfield, Herman, Main, O’Keefe, and Mayor Robertson; and Manager Hickman; Law Director Mike Crites. 

APPROVAL OF AGENDA (7:31pm) Councilmember Hartfield moved to accept the agenda as presented, seconded by Councilmember Herman. Motion carried.

CITIZENS’ COMMENTS (7:32 pm) All topics – Branna Shell, Slayter Box 2337, spoke to Council in regards to the Denison University recycling program opening this weekend on Saturday, April 24. She stated that a light lunch will be provided and attendees could bring recycling items with them. Council also stated that citizens of Granville are needed to volunteer to help run the recycling program, especially through the summer months. Council also asked Ms. Shell to provide information and website links to Manager Hickman so information could be made available on the Granville website. Mayor Robertson stated that she will be there for the ribbon cutting on April 24. 

Mike Wesley, 243 English Avenue, Newark, spoke to Council in regards to the upcoming “Clown Town” celebration on May 15th in Newark. He stated that this is the largest weekend convention for clowns in the world. Mr. Wesley stated that he would like to encourage all kids in the area to attend this event. He also asked for Council to be a part of a photo and write-up in the Sentinel to promote the event. Mayor Robertson stated that she could be available for the photo and asked any Council members to let her know of their interest. 

Tim Tyler, 233 South Pearl Street, spoke to Council in regards to a Grand Prix Bicycle Race taking place on June 25, 04. Mr. Tyler stated that this is the 10th year for the event. He also stated that Unizan was a large sponsor of the event, but will not be able to offer any funding this year due to their recent buyout from Huntington. Mr. Tyler stated that he is now in search of funding and wondered if any was available through the newly created Cultural Arts Commission. He stated that he would be requesting approximately $2500. Mr. Tyler stated that he has received funding commitments from Prudential Realty (P.Urbatis), and Adelphia Cable. Mr. Tyler stated that the Granville race includes a kids bike race of about 200 children. Manager Hickman stated that the race is being held on June 25, which is also the same night as Street Scenes. Mayor Robertson asked if it was Mr. Tyler’s intention to find an alternate source of funding after this year. Mr. Tyler stated that he didn’t want to say he wouldn’t ever be back to ask Council to ask for money, but it is his intention to find an alternate source next year. Councilmember Herman stated that Mr. Tyler’s organization is run by a 501(c)(3). 

Mayor Robertson closed public comments at 7:50 pm. 

PUBLIC HEARING Ordinance No. 05-04, An Ordinance To Amend Ordinance No. 26-03 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2004 And Revising Sums For Operating Expenses. No one appeared to speak for or against Ordinance No. 05-04. Mayor Robertson closed the public hearing at 7:50 pm. 

EXECUTIVE SESSION Councilmember Barsky moved to enter into Executive Session, Pursuant to ORC 121.22(G)(2) – To consider the purchase of property for public purposes. Second by Councilmember Main.

Roll call vote: Barsky, Herman, Hartfield, Main, O’Keefe, Robertson.

Time in: 7:51pm

 Councilmember Barsky moved to adjourn Executive Session. Councilmember Herman second.

Roll call vote: Herman, Hartfield, Main, O’Keefe, Robertson, Barsky.

Time out: 8:20 pm

EXECUTIVE SESSION Councilmember Main moved to enter into Executive Session, Pursuant to ORC 121.22(G)(3) – To conference with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action. Second by Councilmember OKeefe. 

Roll call vote: Hartfield, Main, O’Keefe, Robertson, Barsky, Herman.

Time in: 8:21 pm

Councilmember Barsky moved to adjourn Executive Session. Councilmember Main second.

Roll call vote: Main, O’Keefe, Robertson, Barsky, Herman, Hartfield .

Time out: 8:37 pm 

NEW BUSINESS (8:38 pm) Resolution No. 04-32, A Resolution To Remand For Further Proceedings The Decision Of The Planning Commission Regarding Application Number 04-010 Pursuant To Section 1137.01(j) Of The Codified Ordinances Of The Village of Granville was introduced by Councilmember Hartfield. Second by Councilmember OKeefe.

Discussion: Law Director Crites offered the following friendly amendment: In Section I there is a typo – change to 1141.05

Councilmember Barsky offered the following friendly amendment: In Section 2, Number 5 is based upon the findings from numbers 1 through 4. Councilmember Barsky stated that this is to clarify that this is not an adhoc decision. 

 Motion carried (6-0). Resolution No. 04-32 is adopted. 

 Resolution No. 04-33, A Resolution To Award the Bid For Towing And Storage Of Motor Vehicles For The Police Department, As Per Specifications, To Yonkers Towing And Auto Care, Inc. And To Authorize The Village Manager To Enter Into An Agreement Therefore was introduced by Councilmember Herman. Second by Councilmember Hartfield.

Discussion: Manager Hickman stated that they have been very happy with Yonkers and they have done a good job. 

 Motion carried (6-0). Resolution No. 04-33 is adopted

 Ordinance No. 06-04, An Ordinance To Ratify The Agreement For The Use Of Property Located AT 118 South Main Street For A Thirty Day Period And To Declare An Emergency was introduced by Councilmember Barsky. Second by Councilmember Main.

Discussion: None.

Councilmember Barsky moved to pass Ordinance No. 06-04 as an emergency. Seconded by Councilmember OKeefe.

 Roll call vote (Emergency Clause: Barsky, Herman, Hartfield, Main, O’Keefe, Robertson. (6-0)

 Roll call vote (Ordinance): Herman, Hartfield, Main, O’Keefe, Robertson, Barsky. (6-0)

Ordinance No. 06-04 is adopted.

 Ordinance No. 07-04, An Ordinance To Authorize The Village Manager To Execute A Lease Agreement For The Property Located At 118 South Main Street For A Thirty Day Period And To Declare An Emergency was introduced by Councilmember OKeefe. Second by Councilmember Barsky.

Discussion: None.

Councilmember Herman moved to pass Ordinance No. 07-04 as an emergency. Seconded by Councilmember OKeefe. 

 Roll call vote (Emergency Clause: Hartfield, Main, O’Keefe, Robertson, Barsky, Herman. (6-0)

 Roll call vote (Ordinance): Main, O’Keefe, Robertson, Barsky, Herman, Hartfield. (6-0)

Ordinance No. 07-04 is adopted. 

OLD BUSINESS Ordinance No. 03-04, An Ordinance To Authorize The Village Manager To Enter Into A Lease Agreement With St. Luke’s Episcopal Church For The Lease Of 118 South Main Street remained tabled by Council.

Discussion: Tabled.

 Ordinance No. 05-04, An Ordinance To Amend Ordinance No. 26-03 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2004 And Revising Sums For Operating Expenses was re-introduced by Councilmember Herman. Second by Councilmember Main.

Discussion: Councilmember OKeefe asked if the $25,000 appropriation includes the boulevards on South Prospect and East Maple. Manager Hickman stated that the boulevards were not included. 

Councilmember Main made a motion to amend with the following amendment: Add A1-6-A-250 - $8,500 for South Prospect and East Maple Boulevards. Seconded by Councilmember Barsky. 

Councilmember Barsky stated that the Tree and Landscape Committee has had some concerns with what gets planted in the boulevards. She stated that they are concerned nothing will survive the winter months due to salt spraying. 

Councilmember OKeefe asked if the village is providing any flowers to be planted in the boulevards. Manager Hickman stated that the village has not offered and that the area residents have agreed to take care of the boulevards, and he feels there won’t be any problems.

 Roll call vote: O’Keefe, Main, Robertson, Barsky, Herman, Hartfield. (6-0)

Ordinance No. 05-04 is adopted. 

REVIEW OF MINUTES Regularly Scheduled Meeting of February 18, 2004 Councilmember Main moved to accept the minutes as amended; seconded by Councilmember Hartfield. Motion carried, 6- 0. 

Regularly Scheduled Meeting of March 3, 2004 Councilmember Barsky moved to accept the minutes as presented; seconded by Councilmember Main. Motion carried, 6-0. 

Regularly Scheduled Meeting of March 17, 2004 Councilmember Barsky moved to accept the minutes as amended; seconded by Councilmember OKeefe. Motion carried, 6-0. 

Regularly Scheduled Meeting of April 7, 2004 Councilmember Hartfield moved to accept the minutes as amended; seconded by Councilmember Main. Motion carried, 6-0. 

MAYOR’S COURT REPORT – February The Mayor’s Court Report for the month of February was presented for review.

Discussion: None. 

Councilmember Main moved to accept the report; second by Councilmember Hartfield. Motion carried, 6-0 

 Mayor Robertson instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes. 

MAYOR’S COURT REPORT – March The Mayor’s Court Report for the month of March was presented for review.

Discussion: The Report was not available in the packet for Council’s review. It will be approved at a later Council meeting. 

MANAGER’S REPORT – February The Manager’s Report for the month of February was presented for review. Councilmember Main moved to accept the report; seconded by Councilmember OKeefe. Motion carried 6-0.

 Mayor Robertson instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes. 

MANAGER’S REPORT - March

The Manager’s Report for the month of March was presented for review. 

Discussion: Councilmember Barsky stated that under ‘Patrol Activities’ the number of traffic citations seem to be down. She stated that there were 120 last year at this time, and the report lists 29 this year. Manager Hickman stated he would get more information on this to Councilmember Barsky.

Council discussed the increase in house checks. Council agreed that this is a great service to the community. 

Manager Hickman stated that there will be warnings going out on the strict speeds for Main Street, Broadway, and Newark-Granville Road. 

Mayor Robertson inquired on why the Service Department’s maintenance costs were up. Manager Hickman stated he would get more information on this to Council. 

Councilmember Herman asked how the village is doing with tax receipts. Manager Hickman stated he believed they were doing well and he would have more information on this shortly. 

 Councilmember Main moved to accept the report; seconded by Councilmember Barsky. Motion carried 6-0.

 Mayor Robertson instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes. 

COMMITTEE REPORTS 

Economic, Finance, Personnel Committee (EFP) – Hartfield, Herman, O’Keefe Councilmember Herman stated that he is working with the village on some project management concepts.

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) – Crais, Hartfield, Main Councilmember Hartfield stated that a letter was written to residents for further input. Manager Hickman stated that at this point they are not inclined to do underground utilities because of the ten letters received back, nine residents are not interested.

Planning Commission – O’Keefe Councilmember OKeefe stated that Sherry Joseph will be redoing a building located on Prospect Street. 

Councilmember Barsky inquired on the Sinnett House. She asked if the house has been sited on the property. Councilmember Barsky stated that there was some concern about the Post Office as to where the house would be sited because it could be difficult for them to get their larger trucks in and out of the parking lot. Councilmember Barsky stated that she would not like it if Granville were to lose the Post Office because their trucks couldn’t be accommodated. Councilmember Barsky stated that she was disturbed at the way the library board was handling this situation. She asked if any decision already made by the Planning Commission could be appealed. Councilmember OKeefe stated she believed the last plan she saw kept the tree in place and sited the Sinnett House on the north side. She stated she would double check on this and get back to Council. Manager Hickman stated that the Board of Zoning and Appeals would have been responsible for deciding where the house would be sited. 

Planning & Zoning Committee (P&Z) – Barsky, Crais, Robertson Councilmember Barsky stated that she does not yet have the minutes for the April 16th meeting, but she could answer any questions. 

Manager Hickman stated that they have not yet heard back anything regarding the Walkabiltity seminar. 

Councilmember Herman asked Council if they would have a problem moving the Economic Analysis from the Planning and Zoning Committee to the Economic, Finance, and Personnel Committee. Councilmember Herman stated that he has some real concerns that Council is not recreating the wheel in terms of spending village resources. He stated that Council needs to be extremely clear and a good start is what has or has not already been done. Council agreed to move the Economic Analysis to the Economic, Finance, and Personnel Committee. 

Councilmember Hartfield inquired on which committee would be appropriate to meet with the Chamber of Commerce. Councilmember Herman stated that he met with the Chamber, and is meeting again with Pat Moller on Friday, April 23. Manager Hickman stated he would also like to attend this meeting. Council agreed that the Economic, Finance, and Personnel Committee would be the appropriate committee to meet with the Chamber of Commmerce. The next meeting is May 3, 04. Councilmember Barsky stated she will not be able to attend this meeting. Union Cemetery -Main None. 

OTHER COUNCIL MATTERS Cultural Arts Commission - Manager Hickman asked Council if they would like him to prepare a Resolution allotting $2500 to the Grand Prix Bicycle Race in Granville. Councilmember Main stated that if the Resolution were drawn up he would be happy to further discuss the matter. Council agreed.

 Granville Rec Commission – Manager Hickman stated that the Recreation Commission is requesting a member of Council to be present at their meetings. Council agreed to further look at appointing someone after the vacant seat on Council is filled. The Granville Recreation Commission meets the first Tuesday of every month at 7:30pm. 

 Rotary Donation – Manager Hickman asked if Council would have any objections to having the Lights, Safety, Streets/Sidewalks, and Utility Committee look at donation of the clock. Councilmember Barsky inquired on the numbers and face on the clock. It was unclear to her, from the diagram, what color they would be. Manager Hickman stated he would get this information to Council. 

Manager Hickman stated that the Bryn Du Commission met on Sunday, April 18th. He stated that they did wonder if they were clear on the charge given to them by Council. Councilmember Herman stated that it might be helpful for the members of the Commission to provide to Council a summary of their understanding of the charge set before them. Councilmember Barsky asked if Council felt comfortable with the charge given to the Bryn Du Commission. She stated that Council previously discussed that there have been times, with other committees, when further clarification was needed. Councilmember Barsky asked if rules were considered different from the charge. Council stated that they may need to establish a timeline. Mayor Robertson stated that there was a Resolution passed some time back that could provide further insight into this matter. Manager Hickman stated that he would get the Resolution to Council. 

Mayor Robertson stated that the Director of Organization Studies at Denison University contacted her in regards to a project for the Bryn Du Commission. She stated that the gentleman would be contacting Manager Hickman. 

Councilmember Main stated that he will not be available for the next Council meeting. 

ADJOURNMENT

Councilmember Main moved to adjourn. Second by Councilmember Hartfield. Motion carried, 6-0. Meeting adjourned.

 Submitted by Melanie Schott 

Council Minutes 4/7/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES April 7, 2004 

CALL TO ORDER (by Mayor Robertson at 7:32 pm) 

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were Councilmembers Barsky, Hartfield, Herman, O’Keefe, Main, Vice Mayor Crais, and Mayor Robertson. Law Director Crites and Manager Hickman. 

APPROVAL OF AGENDA (7:34 pm) Mayor Robertson stated that she wished to add Resolution No. 04-31 to the agenda. Councilmember Barsky moved to approve the agenda as amended, seconded by Councilmember Herman. Motion carried. Mayor Robertson read aloud Resolution No. 04-31, A Resolution of Appreciation of Clifton Crais For Service On The Village Council To The People Of The Village of Granville. Second by Councilmember O’Keefe. 

CITIZENS’ COMMENTS (7:40 pm) Licking County Transit Authority – Marcia Phelps – Licking County Commissioner – stated that she was in attendance to answer any questions in regards to the Licking County Transit Authority. She introduced Loretta Frenton who heads the Transit Authority. Ms Frenton stated that she believes in public transportation. She stated that they receive $38,000 from the state budget. Ms. Frenton stated that there is a May 12 public input forum being held at the Alexandria United Methodist Church. Ms. Frenton stated that the Transit Authority has three main purposes. The first is to provide county-wide transportation Monday – Friday from 6:00am to 6:00pm. She stated that their transportation service is compliant with the Americans with Disabilities Act. The cost is $5.00 one way, or $2.50 for senior citizens over the age of 65. The second purpose is to provide a commuter bus for service to downtown Columbus at 7:00/7:30/8:00. The cost for this service is $3.50 one way or a monthly pass for $120.00. Ms. Frenton stated that they are currently working with COTA to get transportation to the OSU medical center. Thirdly, she stated that the Transit Authority works with social services such as MRDD, Aging, Catholic Social Services, etc. She stated that there are a total of 25 social service entities that they work with. Ms. Frenton went on to say that there is also a commuter assistance program for employees to provide to their employees and a tax break is available.

Councilmember O’Keefe asked if they provide assistance for elderly/disabled people needing help getting from their residence into the vehicle. Ms. Frenton stated that for liability reasons they are unable to provide help inside a residence. She did say that if the elderly or disabled person has a personal care assistant, that person would ride at no charge.

Vice Mayor Crais added that the village is in the process of negotiating a renewal contract with Adelphia Cable. He stated that perhaps a partnership could be created with them for publicity for the Transit Authority. 

Ms. Frenton ended by stating that anyone is welcome to contact her in regards to questions for the Transit Authority. She stated that if you are unable to remember her name, simply as for the “bus lady.” Ms. Frenton can be reached at 740.349.1609.

Concealed Carry Gun Law Sergeant Dudgeon spoke to Council on the Concealed Carry Law becoming effective tomorrow, April 8, 2004. He stated that it will likely take 45 days before background checks take effect. He stated that it is estimated that there will be an initial rush of 100,000 applicants to carry a concealed weapon.

Councilmember Hartfield asked where you can get signs that say “No Guns on Premises.” Sergeant Dudgeon stated that a copy of such a sign is available on the Attorney General’s website. Marcia Phelps also stated that she can provide to Manager Hickman the name and phone number of a local business which provided the county’s signs. Councilmember Hartfield stated that this information would be helpful and she could get it to members of the Chamber of Commerce as well. Councilmember O’Keefe asked how law enforcement can be sure applicants are complying with the law. Sergeant Dudgeon stated that it will all depend on how well it is concealed, and it will be tough to enforce.

Councilmember Barsky asked how many states have similar laws. Sergeant Dudgeon and members of Council guessed somewhere around 43 states.

Sergeant Dudgeon stated that there are three ways to transport a concealed weapon in a vehicle under the new law. The first is a holster, second is a locked box on the seat, and thirdly stored in a locked glove box. 

Councilmember Herman asked if the registry list of permit holders will be public information. Sergeant Dudgeon stated that some of the information, such as name and social security, will be available. 

Councilmember O’Keefe asked how law enforcement can ensure that someone who is mentally disturbed (such as the recent McCoy case) doesn’t have access to a concealed gun. Sergeant Dudgeon stated that it was his understanding that medical records would be reviewed during the background check process.

Councilmember Main asked what problems regarding this new law Sergeant Dudgeon envisions coming to Granville. Sergeant Dudgeon stated they are initially expecting a lot of calls about people seeing a gun. He stated that they will investigate these calls. 

Councilmember Herman asked if there can be a service district within a municipality that can have a no gun ban applied. Law Director Crites stated that this was passed by the General Assembly, but he could look into what options there are.

Marcia Phelps, County Commissioner, added that this new law is costly to the County. She stated that some county’s are limiting the number of permits distributed. She stated that Licking County has no such limitations and they expect some applicants from other county’s to apply for permits here.

Councilmember Hartfield asked if people are carrying guns with holsters in other states in open view. Sergeant Dudgeon stated that his personal experience tells him yes. 

Jurgen Pape, no address given, stated his interest on being selected for the Bryn Du Commission. Mr. Pape stated that originally, he felt the best thing to do was sell the Mansion and keep the property. He stated that after serving on the second Bryn Du Advisory Committee, he completely changed his mind. Mr. Pape added that he is involved in many civic things and a list of them is available from Manager Hickman. 

Councilmember Herman asked if there was some type of glitch to him being selected to serve on the Bryn Du Commission. Mr. Pape stated that he originally tried to go thru the Chamber of Commerce to be selected to serve on the Commission, but they had chosen someone else. 

Amber Mitchell, 600 West Broadway, stated that she would like to volunteer in any form. This could include the opening for village Council, Bryn Du Commission, or the Arts Commission. 

Mayor Robertson closed citizens’ comments at 8:25 pm. 

PUBLIC HEARING Ordinance No. 03-04, An Ordinance To Authorize The Village Manager To Enter Into A Lease Agreement With St. Luke’s Episcopal Church For The Lease Of 118 South Main Street.

Jim Yung, 744 Burg Street, 221 West Broadway, stated that he was appearing before Council to show his displeasure for what he felt they were about to do concerning the lease agreement with St. Luke’s Episcopal Church. Mr. Yung stated that years ago the four corners were considered sacred and were to never be sold. He stated that he wanted it on record how much he is displeased at what he felt Council was going to do. 

Patrick Hart, Colony at Granville, Gail Road, and former part owner of Sensibilities read a letter to Council. He stated that ten years ago Sensibilities was the high bidder for the property located at 118 South Main Street. Mr. Hart stated that they were never considered as a prospect when the lease matured and he questioned why there was not another bid process. Mr. Hart stated that they have made 120 lease payments on time. He asked Council why the bidding process was by-passed. Mr. Hart stated that they have improvement costs to recover. Mr. Hart stated that when they decided to sub-lease the building they were offered $2600 by St. Luke’s Episcopal Church, as well as $3600 and $3700 by other parties. He stated that even though St. Luke’s was the lowest bid, they were sensitive to the church’s inability to pay more. Mr. Hart stated that although some people are saying they are greedy, they have principal, interest and insurance to pay. Mr. Hart stated that St. Luke’s would be given a $1055 discount if leased directly through the village. He asked why St. Luke’s is being given “a sweetheart deal.” Mr. Hart also stated that they tried to buy the building ten years ago, but were told it couldn’t be done because it was a historic building. Mr. Hart stated that by losing this lease, they will suffer a major monetary loss. He went on to say that they were hours late on a holiday weekend to renew the lease. Mr. Hart stated that “the penalty hardly matches the crime.” Mr. Hart stated that this was a mean spirited decision by Council and a terrible economic decision for the village. Mr. Hart proposed to Council that they would cooperate with them on selling the building, as long as they could recoup their $50,000 loss. 

Councilmember Main asked why Mr. Hart didn’t exercise the right to renew the lease earlier. 

Mr. Hart stated that they were technically a few hours late, however, the village offices closed early that day. Mr. Hart also stated the holidays as being a reason for it being late. Mr. Hart stated that the agreement was delivered at 8:00am the next day. He stated that he was in Florida, and that his business associate was taking care of the renewal. Mr. Hart ended that in forty years of business he has never been involved with something like this. 

Manager Hickman stated that he wished to clarify that the lease could not be renewed sooner than 180 days before its expiration. This would be from October 3 – January 1. He stated that the village offices were open all day on December 31 and January 2. 

Mr. Hart stated that he disagrees with Manager Hickman because this is a leap year. 

Mayor Robertson asked Mr. Hart for a copy of the letter he read aloud to Council. He agreed to provide a copy. 

Dorothy Garrett, 45 Donald Ross Drive, stated that Mr. Hart and Mr. Vance had 90 days to renew their lease and they failed to do so in spite of this. She urged Council to lease the property to St. Luke’s, or sell the property if possible. Ms. Garrett stated that she was on Council when it was available ten years ago. She also stated that Mr. Vance was on Council at that time. Ms. Garrett stated that she felt it was questionable on whether or not Mr. Vance profited by knowing information available by being on Council and that he did not make Council aware of the fact that he was involved in this business deal. Ms. Garrett stated that she is not a member of St. Luke’s Episcopal Church. She ended by saying that she feels the village is being had. 

Vice Mayor Crais asked Ms. Garrett if she recalled any discussion on what might happen if the business failed. Ms. Garrett stated that she did not and they were inclined to think more positively. 

Councilmember Barsky stated that she recalled (through various notes) that the Harts were allowed some months of no rent. Ms. Garrett stated that they got the price they did because the plan put before Council at that time showed money being put into the building for improvements up front. 

Keith Myers stated he was representing St.Luke’s Episcopal Church. He stated that their principal interest is continued occupancy of the building. 

Councilmember Herman asked what St. Luke’s understanding was of the money they invested and were there any discussions of recouping their investment. 

Mr. Myers stated that they have invested $135,000 worth of improvements to the building. He stated that there was no discussion of recouping their investments. 

Lillie McCutcheon, no address given, stated that she has known the Hart’s for eight years. She stated that both the Vance’s and Harts spent their own money on the building. She stated that the improvements also benefited the village. Ms. McCutcheon stated that the Harts and Vance’s have had good business relations with the village and made on time payments. She went on to say that the punishment doesn’t fit the crime and Council is sending the message that Granville is hard to deal with. 

Ordinance No. 04-04, An Ordinance To Adopt The 2001 Review Updates To The Granville Comprehensive Plan.

No one appeared to speak in regards to Ordinance No. 04-04.

 Mayor Robertson closed the Public Hearing at 8:35 pm. 

NEW BUSINESS (8:35 pm) Resolution No. 04-15, A Resolution To Award The Bid For Grounds Maintenance, As Per Specifications, To Fackler Country Gardens And To Authorize The Village Manager To Enter Into An Agreement Therefore was introduced by Councilmember Hartfield. Second by Councilmember Barsky. 

Discussion: Manager Hickman stated that $50,000 was spent last year and that the village has picked up an additional 34 acres. He stated that $60,000 has been budgeted for this year. Manager Hickman stated that the polo group has agreed to pay $200 a week for mowing instead of $200 per use. He also stated that more polo will be played. 

Motion carried (7-0). Resolution No. 04-15 is adopted.

 Resolution No. 04-24, A Resolution To Authorize The Non-Permanent Installation Of A Sidewalk Café On The Public Sidewalk At 132 East Broadway In Front Of The Business Known As “Village Coffee Company” was introduced by Councilmember Barsky. Second by Councilmember O’Keefe. 

Discussion: Councilmember Hartfield stated that this Resolution appears to be lengthier than last years. Manager Hickman stated that they think they have all the bugs worked out and that this Resolution is simply a renewal. 

Motion carried (7-0). Resolution No. 04-24 is adopted.

 Resolution No. 04-25, A Resolution To Authorize The Non-Permanent Installation Of A Sidewalk Café On The Public Sidewalk In Front Of The Business Known As “Broadway Delicatessen” was introduced by Councilmember Herman. Second by Vice Mayor Crais. Discussion: None.

Motion carried (7-0). Resolution No. 04-25 is adopted.

 Resolution No. 04-26, A Resolution To Authorize The Non-Permanent Installation Of A Sidewalk Café On The Public Sidewalk At 138 East Broadway In Front Of The Business Known As “Whit’s Frozen Custard” was introduced by Vice Mayor Crais. Second by Councilmember Barsky. 

Discussion: None.

Motion carried (7-0). Resolution No. 04-26 is adopted.

 Resolution No. 04-27, A Resolution To Authorize The Non-Permanent Installation Of A Sidewalk Café On The Public Sidewalk At 134 East Broadway In Front Of The Business Known As “Victoria’s Parlor” was introduced by Councilmember O’Keefe.. Second by Councilmember Hartfield. 

Discussion: None.

Motion carried (7-0). Resolution No. 04-27 is adopted.

 Resolution No. 04-28, A Resolution To Authorize The Village Manager To Re-bid West Elm Street Improvements was introduced by Councilmember Main. Second by Councilmember Hartfield. 

Discussion: Councilmember Barsky asked if the re-bid could change the bid amounts. Manager Hickman stated not necessarily. He stated that he was also going to get bids for moving overhead utilities underground. 

Motion carried (7-0). Resolution No. 04-28 is adopted.

 Resolution No. 04-29, A Resolution To Authorize The Village Manager To Advertise for Bids for the Sale Of Miscellaneous Surplus Equipment was introduced by Vice Mayor Crais. Second by Councilmember Barsky. 

Discussion: Manager Hickman stated that this was for a 1996 Ford Taurus, as well as some outdated computer equipment. He stated that the computer equipment could go for bid or donation, depending on which is best. 

Motion carried (7-0). Resolution No. 04-29 is adopted

 Resolution No. 04-30, A Resolution To Appoint The Bryn Du Governance Commission was introduced by Councilmember Barsky. Second by Councilmember Hartfield. 

Discussion: Council voted twice by ballot. All applicants were narrowed down to five. The five applicants selected by the first ballot vote were: Steve Herb, Keith Myers, Jurgen Pape, Tim Riffle, and Jim Siegel. Council then voted to narrow the list down to the final three people to serve on the Commission. The final three people chosen by ballot to serve on the Bryn Du Governance Commission include: Steve Herb, Jurgen Pape, and Keith Myers. 

Vice Mayor Crais stated that he has one concern with the way the Bryn Du Governance Commission is set up. He stated that two of the selected committee members are married and he is uncomfortable with this. Vice Mayor Crais stated that he lives by the principal that if his wife is on a committee, he would purposely not be on that particular committee. 

Councilmember O’Keefe stated that she too has the same type of concern. 

Councilmember Herman stated that he is not at the same place. He stated that he can see the need for this being addressed in future decisions by Council, but feels uncomfortable with the issue being raised now. 

Councilmember Barsky stated that she agrees with Councilmember Herman. She stated that it would be judicious of Council to address this kind of issue in the future.

Councilmember Main stated that he agrees with Councilmember Herman and now is not the time to make these kinds of changes. He went on to say that if we are concerned about married people serving on the same committee, should Council also look further into all relatives, such as father/son – mother/daughter, etc. 

Various members of Council stated that this issue has been discussed lengthy. 

Councilmember Hartfield stated that she does not recall this issue being brought up during a Council meeting. 

Mayor Robertson stated that it has been raised with the people involved. 

Councilmember Hartfield stated that this has not been raised by the Chamber of Commerce. 

Council stated that there are many people (including married couples) wishing to get involved in the village, and that this issue should be looked at for future decisions.

Mayor Robertson stated that there appears to be a general consensus by Council that the rules should be modified so this doesn’t happen in the future. She asked if the legislation can be changed and that this is something that should be considered and revisited. She went on to say that Council is free to not be a rubber stamp here. She stated that the names put forth are simply recommendations. Mayor Robertson stated that Council should remember that the village owns this property and we are being generous in sharing it with all of our friends and neighbors. She stated that a precedence should be set that whoever is nominated or recommended by the other parties will not necessarily be accepted by Council. 

Councilmember Herman ended by stating that there are some risks involved by having married individuals serve on the same committee. He suggested that we move on with the faith that the individuals involved will make the situation work fine and he wished all of the committee members well on getting on with the work that is ahead of them. 

Motion carried (7-0). Resolution No. 04-30 is adopted

 Ordinance No. 05-04, An Ordinance To Amend Ordinance No. 26-03 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2004 And Revising Sums For Operating Expenses was introduced by Councilmember Herman. Second by Councilmember Main.

 Mayor Robertson set the public hearing for April 21, 2004. 

 

OLD BUSINESS

 Krone Appeal – Law Director Crites stated that he was not in attendance for the March 17 Appeal hearing. He stated that Council’s decision would need to come from the evidence put forth during that hearing. Law Director Crites stated that Section 1137.01 of the Codified Ordinance states that Council shall make its decision no later than the regularly scheduled Council meeting after the appeal hearing. Council then is allowed 45 days to formalize its decision in writing. He stated that Council will need to debate, discuss, and orally state what their decision will be. Law Director Crites suggested that a motion be used to announce Council’s decision and that he would prepare in written Resolution to formalize the decision within 45 days. 

Councilmember Main asked Law Director Crites if Council’s decision comes down to a preponderance of evidence that there is a safety issue. He stated that this was what was directed by Assistant Law Director Gorry. Councilmember Main wished to know what the decision comes down to. 

Law Director Crites stated that Council needs to make a determination based on evidence that is on record from the March 17th hearing. He stated he read that there were engineers that stated on record that safety was not a hazard. He went on to say that this is evidence that can and should be considered by this Council. He stated that Council’s decision must be based on the evidence – probative, relative, and material evidence. 

Councilmember O’Keefe stated that the basis of safety was 250 feet for site and stopping distance. She stated that this accounted for just one side of the road (North) and should the South side of the road also be considered.

Councilmember Main stated that that particular evidence put forth shows no change because it showed only site and stopping distance. This is different than what evidence Mr. Krone put forth in regards to driveway spacing. 

Councilmember Barsky stated that she has some concern because there hasn’t been a traffic study done on Milner Road. She stated that it is clear that the site and stopping distance meet the requirements, but it is also clear that this road has changed and could now be considered as a collector road. Councilmember Barsky stated that both parties during the hearing referred to the Licking County Subdivision Regulations. She stated that it was used by the parties when it was to either sides benefit. 

Mayor Robertson stated that this comes down to an issue of safety. She asked how this would be handled if the entire property was located in the village

Chris Strayer, Village Planner, stated that if the entire property were in the village, there would be a traffic study done, but not an extensive one. He stated that the village owns the road, but the land belongs to the township. He stated that under village requirements for subdivisions, anything over five lots would not be allowed. It was stated that nine lots were originally proposed in this case. Mr. Strayer stated that the current set up would not be allowed. He also stated that there likely would be one thru roadway, under the village regulations. Mr. Strayer stated that with this particular issue the attorney’s got together and decided the coarse of action should be transportation, since the village’s only concern is the road. Mr. Strayer stated that the attorney’s agreed it came down to a matter of safety. 

Vice Mayor Crais stated that “the lot split, put crudely, is none of our business.”

Councilmember Herman stated that on page 70 of the appeal hearing minutes, it was asked if the volume of traffic enters into consideration with curb cuts. It was stated that it does not. Councilmember Herman stated that considering traffic volume might make sense to us, but it doesn’t enter into at least one traffic engineers method who testified that they don’t do it that way in Delaware County.

Councilmember Barsky stated that on page 68, the traffic engineer was asked if it would be wise to know the traffic of the road and he stated that it would certainly be nice to know if it affects the safety of the road. She stated that when the Krone’s built ten years ago, the nature of the road was much different. 

Councilmember Herman asked if she was speaking in terms of policy or as the matter before us right now.

Councilmember Barsky stated that the safety issue was never really addressed because we don’t have the adequate information. She stated that we need to consider the safety of the citizens. Councilmember Barsky stated that this is a health and safety issue, and she feels a bit uncomfortable and not sure how this should be handled. 

Vice Mayor Crais stated that it strikes him that the safety issue is a matter complicit in the entire process. 

Mayor Robertson stated that she was not at the Council meeting the night of the hearing, however, she has studied the transcript. She stated that it occurs to her that implicit in our subdivision regulations is that safety demands one entrance. She stated that she recalls a slide during the MORPC presentation where there was a large empty farm field with a road in front. She stated that there were many roads/driveways leading in. Mayor Robertson asked Mr. Strayer why the village has the subdivision regulations, and what are the underlying principles behind them. 

Mr. Strayer stated that they are growth management principles. He stated that it is due to a variety of reasons such as agriculture protection, open space protection, community character, quality of life, and safety. 

Mayor Robertson stated that Mr. Strayer did mention safety. 

Councilmember Main stated that suppose Council were to approve the curb cuts, what are the chances the plan would be turned down. 

Mr. Strayer stated that if Council approves it, it will be approved by Licking County Planning Commission. He stated that if Council doesn’t approve the curb cuts, it will 100% be denied, and the individuals involved would need to go back to the drawing board.

Councilmember Main asked if our Planning Commission knew that when they voted on this. 

Mr. Strayer stated yes. 

Councilmember Barsky asked Mr. Strayer what defines a minor collector road.

Mr. Strayer stated that he would rather not answer that questions because he is not a traffic expert. 

Councilmember Herman stated that with the current regulations, volume is not looked at. Rather, he stated, that they look at things like site and stopping distance and speed. He stated that this appears to be the standard. Councilmember Herman stated that lets say Council chooses to remand, than what criteria does Council give to our Planning Commission as to what the appropriate volume is. He stated that it seems we need to have some reasonable basis of knowing that beforehand. Councilmember Herman stated that Council is not in a position to do that at this time. He stated that the preponderance of evidence supports this decision. He stated that if some standards were put into place before an applicant comes forward, it would be a different matter. 

Vice Mayor Crais stated that Doyle Clear suggested moving the curb cuts from nine to seven. He asked why this was done. 

Mr. Strayer stated that any information provided by Mr. Clear was provided to Council and not to the Planning Commission. He stated that Mr. Clear indicated that the nine curb cuts meet the criteria, but it would be better to reduce them to seven because some of the site distances were a bit short.

Vice Mayor Crais asked if Mr. Strayer recalls that Mr. Clear looked at both sides of the road. 

Mr. Strayer stated yes, he looked at both sides. 

Mayor Robertson asked if there was any discussion of any more sharing of driveways. 

Mr. Strayer stated that this wouldn’t work for some driveways due to the topography and a gas line. It was stated that driveways 2 and 3 could be combined, but this was not discussed. 

Councilmember O’Keefe asked if Council should consider the rights of the property owners having access to a road when making their decision. 

Law Director Crites stated he was not there for the hearing. He asked if anyone else could shed some light on this and answer Councilmember O’Keefe’s question. 

Mr. Krone objected to the opposing side speaking to Council. He stated he was denied the chance to give further testimony during the Planning Commission meeting. 

Vice Mayor Crais stated he may be able to shed some light on this and that it was his recollection that Council cannot say that you cannot have a driveway. He stated that Council was instructed that they cannot act arbitrarily, but we have to have some kind of grounding. 

Law Director Crites stated that if Council does not like the evidence before them, they can remand and ask for further information. 

Mayor Robertson asked Council if there are criteria to remand. She stated that if they were to remand, they need to have a specific list of needed information. She asked if we have such a list. 

Councilmember Barsky stated that she would like to know if Milner Road is considered a minor collector and if so is volume then considered. 

Councilmember Herman stated that he asked the engineer if it is a collector is volume entered into the equation and he said no, at least not in Delaware. 

Councilmember Barsky stated that she would like to know if volume is considered by Licking County. 

Vice Mayor Crais asked if a remand could be made with specific instructions. 

Law Director Crites stated yes, and he would suggest that if it is done it should be with specific instructions. 

Councilmember Main asked if Council would use the Planning Commission’s decisions and not starting from scratch in the case of a remand. Councilmember Main asked if the Planning Commission felt they had adequate information to make the decision they did. 

Councilmember Hartfield stated she attended the second meeting and it was her opinion that the Planning Commission was driving for the lowest number of curb cuts possible.

Councilmember Main also asked if it was the Planning Commission’s opinion that the safety issues were answered to their satisfaction. 

Councilmember Hartfield stated that she believes all but one person (Karl) was satisfied. 

Councilmember O’Keefe stated she attended the first meeting only. 

Mayor Robertson stated that not all members were in attendance at the Planning Commission meeting. She knows Jack Burgess was not there. 

Councilmember Herman stated that he would like to ask this in a different way. He stated that more importantly than the Planning Commission’s satisfaction is did they feel with the criteria they had to work with that they were able to render a decision that was congruent based on what they had. 

It was stated that the attorney’s on both sides agreed that this was a transportation issue and that it is why it is now before Council. 

Vice Mayor Crais stated that he is sympathetic to a lost situation. He stated that he is not happy, the Planning Commission acted reasonably with the criteria they had at that time. He went on to say that in the future he feels there will be significant safety issues in that area. 

Councilmember Main stated that he too is not in love with the lot split in any way. On the other hand, he stated that this is not what Council is being asked to rule on. Councilmember Main stated that he is unsure what the level of safety should be considered on. He asked if it should be safe – barely safe – how safe should it be. Councilmember Main stated that he agrees with Councilmember Herman and Vice Mayor Crais. He stated that he is “comfortable” and not “real comfortable.” 

Vice Mayor Crais stated that he was not impressed with Ms. Cummings testimony and the way the data was manipulated. He stated “I feel in no other position.” 

Councilmember Barsky asked if Council should throw up their hands because we don’t have the sufficient date where needed. She asked what is the volume. How does Licking County define a minor collector, is there a disconnect where you question the safety, and lastly are the north and south sides both considered with the 250 feet space requirements.

Councilmember Barsky made a motion to remand to the Planning Commission with specific criteria which includes:

-definition of a minor collector and whether or not Milner is considered a minor collector -does the definition include traffic volume -are we obligated to follow Licking County regulations or other -do we consider both sides of the road (north and south) 

The motion was seconded by Vice Mayor Crais.

Councilmember Herman stated that those are the questions, but what will be done with the answers. 

Councilmember Hartfield asked if Council would make the final decision after the answers are found out – not the Planning Commission. It was stated that Council would make the final decision. 

Law Director Crites stated that the Planning Commission will simply consider any additional evidence in the rendering of its decision. He stated that another appeal hearing could take place on that decision.

Mayor Robertson asked if drainage of the property was ever looked at.

Mr. Strayer stated that the Planning Commission did not look at drainage, and that they didn’t feel storm water or run off would be an issue. 

Mayor Robertson stated that she would like to see the final Resolution have language stating that if there is a drainage problem, the responsible party should have to fix it. 

Roll Call: Barsky, Crais, Herman (no), Robertson, O’Keefe, Hartfield, Main (no) (5, 2) The Krone Appeal is remanded with the specifically listed criteria above. 

EXECUTIVE SESSION Vice Mayor Crais moved to enter into Executive Session Pursuant to ORC 121-22(G)(3) – To conference with an attorney for the public body concerning disputes involving the public body that are the subject of imminent court action. Second by Councilmember Barsky. 

Time In:

Roll Call: Robertson, Crais, Barsky, Hartfield, Herman, Main and O’Keefe. 

Vice Mayor Crais moved to return to regular session. Second by Councilmember Hartfield. Roll Call: Crais, Robertson, Hartfield, Main, O’Keefe, Herman, and Barsky.

Time Out:

Council returned to regular session. 

OLD BUSINESS Ordinance No. 03-04, An Ordinance To Authorize The Village Manager To Enter Into A Lease Agreement With St. Luke’s Episcopal Church For The Lease Of 118 South Main Street, was tabled by Councilmember Main. Second by Vice Mayor Crais.

Discussion: Council stated this would be addressed at the April 21 Council meeting. 

 Ordinance No. 04-04, An Ordinance to Adopt The 2001 Review Updates to the Granville Comprehensive Plan was introduced by Councilmember Barsky. Seconded by Vice Mayor Crais. Discussion: Councilmember Barsky stated that they looked at the recommendations by the 2001 committee. She stated that Trustee Jim Havens has indicated that he felt the committee failed to address what they were charged to do. Councilmember Barsky stated that it needs to be clear what the charge is. She went on to say that the report you see is as is with some modifications. There was some discussion on how the report would be used by Council. Councilmember Barsky stated that it is her view that Council is accepting the report, but not necessarily agreeing with all that is in it. She also stated that it is her belief that the Trustees are not doing anything with the report.

Councilmember Main stated that the Trustees did send the report to their zoning and planning boards, and he believed they would be using it as a guideline. 

Mayor Robertson offered the following friendly amendment: In Section I: strike “is” and replace with “are” and after the word “adopted” add “as they apply to the village.”

Mayor Robertson thanked the people who worked on this. She also asked that they be invited to a future Council meeting to be thanked in person. Councilmember Barsky added that she had thank you letters sent to each member stating that Council has taken a look at the work they did. 

Roll call vote: Crais, Barsky, Hartfield, Herman, Main (no), O’Keefe, Robertson. (6-1) Motion carried. Ordinance No. 04-04 is adopted.

Council moved to table the remaining of the agenda. 

Mayor Robertson reminded Councilmembers about the April 17th bowling at 10:30am. 

Councilmember Hartfield asked if the Lights, Safety, Streets/Sidewalks & Utility Committee could meet to discuss outstanding matters. An April 16th meeting was set up.

Mayor Robertson asked if Councilmembers could send their interest for the Small Intergovernmental Committee to her. Councilmember Main stated he would be interested in Infrastructure and Development. Councilmember O’Keefe stated she would be interested in Safety. 

 ADJOURNMENT At 11:40pm, Vice Mayor Crais moved to adjourn the meeting. Second by Councilmember Barsky. Motion carried, 7-0. Meeting adjourned.

Council Minutes 4/7/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES April 7, 2004 

CALL TO ORDER (by Mayor Robertson at 7:32 pm) 

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were Councilmembers Barsky, Hartfield, Herman, O’Keefe, Main, Vice Mayor Crais, and Mayor Robertson. Law Director Crites and Manager Hickman. 

APPROVAL OF AGENDA (7:34 pm) Mayor Robertson stated that she wished to add Resolution No. 04-31 to the agenda. Councilmember Barsky moved to approve the agenda as amended, seconded by Councilmember Herman. Motion carried. Mayor Robertson read aloud Resolution No. 04-31, A Resolution of Appreciation of Clifton Crais For Service On The Village Council To The People Of The Village of Granville. Second by Councilmember O’Keefe. 

CITIZENS’ COMMENTS (7:40 pm) Licking County Transit Authority – Marcia Phelps – Licking County Commissioner – stated that she was in attendance to answer any questions in regards to the Licking County Transit Authority. She introduced Loretta Frenton who heads the Transit Authority. Ms Frenton stated that she believes in public transportation. She stated that they receive $38,000 from the state budget. Ms. Frenton stated that there is a May 12 public input forum being held at the Alexandria United Methodist Church. Ms. Frenton stated that the Transit Authority has three main purposes. The first is to provide county-wide transportation Monday – Friday from 6:00am to 6:00pm. She stated that their transportation service is compliant with the Americans with Disabilities Act. The cost is $5.00 one way, or $2.50 for senior citizens over the age of 65. The second purpose is to provide a commuter bus for service to downtown Columbus at 7:00/7:30/8:00. The cost for this service is $3.50 one way or a monthly pass for $120.00. Ms. Frenton stated that they are currently working with COTA to get transportation to the OSU medical center. Thirdly, she stated that the Transit Authority works with social services such as MRDD, Aging, Catholic Social Services, etc. She stated that there are a total of 25 social service entities that they work with. Ms. Frenton went on to say that there is also a commuter assistance program for employees to provide to their employees and a tax break is available.

Councilmember O’Keefe asked if they provide assistance for elderly/disabled people needing help getting from their residence into the vehicle. Ms. Frenton stated that for liability reasons they are unable to provide help inside a residence. She did say that if the elderly or disabled person has a personal care assistant, that person would ride at no charge.

Vice Mayor Crais added that the village is in the process of negotiating a renewal contract with Adelphia Cable. He stated that perhaps a partnership could be created with them for publicity for the Transit Authority. 

Ms. Frenton ended by stating that anyone is welcome to contact her in regards to questions for the Transit Authority. She stated that if you are unable to remember her name, simply as for the “bus lady.” Ms. Frenton can be reached at 740.349.1609.

Concealed Carry Gun Law Sergeant Dudgeon spoke to Council on the Concealed Carry Law becoming effective tomorrow, April 8, 2004. He stated that it will likely take 45 days before background checks take effect. He stated that it is estimated that there will be an initial rush of 100,000 applicants to carry a concealed weapon.

Councilmember Hartfield asked where you can get signs that say “No Guns on Premises.” Sergeant Dudgeon stated that a copy of such a sign is available on the Attorney General’s website. Marcia Phelps also stated that she can provide to Manager Hickman the name and phone number of a local business which provided the county’s signs. Councilmember Hartfield stated that this information would be helpful and she could get it to members of the Chamber of Commerce as well. Councilmember O’Keefe asked how law enforcement can be sure applicants are complying with the law. Sergeant Dudgeon stated that it will all depend on how well it is concealed, and it will be tough to enforce.

Councilmember Barsky asked how many states have similar laws. Sergeant Dudgeon and members of Council guessed somewhere around 43 states.

Sergeant Dudgeon stated that there are three ways to transport a concealed weapon in a vehicle under the new law. The first is a holster, second is a locked box on the seat, and thirdly stored in a locked glove box. 

Councilmember Herman asked if the registry list of permit holders will be public information. Sergeant Dudgeon stated that some of the information, such as name and social security, will be available. 

Councilmember O’Keefe asked how law enforcement can ensure that someone who is mentally disturbed (such as the recent McCoy case) doesn’t have access to a concealed gun. Sergeant Dudgeon stated that it was his understanding that medical records would be reviewed during the background check process.

Councilmember Main asked what problems regarding this new law Sergeant Dudgeon envisions coming to Granville. Sergeant Dudgeon stated they are initially expecting a lot of calls about people seeing a gun. He stated that they will investigate these calls. 

Councilmember Herman asked if there can be a service district within a municipality that can have a no gun ban applied. Law Director Crites stated that this was passed by the General Assembly, but he could look into what options there are.

Marcia Phelps, County Commissioner, added that this new law is costly to the County. She stated that some county’s are limiting the number of permits distributed. She stated that Licking County has no such limitations and they expect some applicants from other county’s to apply for permits here.

Councilmember Hartfield asked if people are carrying guns with holsters in other states in open view. Sergeant Dudgeon stated that his personal experience tells him yes. 

Jurgen Pape, no address given, stated his interest on being selected for the Bryn Du Commission. Mr. Pape stated that originally, he felt the best thing to do was sell the Mansion and keep the property. He stated that after serving on the second Bryn Du Advisory Committee, he completely changed his mind. Mr. Pape added that he is involved in many civic things and a list of them is available from Manager Hickman. 

Councilmember Herman asked if there was some type of glitch to him being selected to serve on the Bryn Du Commission. Mr. Pape stated that he originally tried to go thru the Chamber of Commerce to be selected to serve on the Commission, but they had chosen someone else. 

Amber Mitchell, 600 West Broadway, stated that she would like to volunteer in any form. This could include the opening for village Council, Bryn Du Commission, or the Arts Commission. 

Mayor Robertson closed citizens’ comments at 8:25 pm. 

PUBLIC HEARING Ordinance No. 03-04, An Ordinance To Authorize The Village Manager To Enter Into A Lease Agreement With St. Luke’s Episcopal Church For The Lease Of 118 South Main Street.

Jim Yung, 744 Burg Street, 221 West Broadway, stated that he was appearing before Council to show his displeasure for what he felt they were about to do concerning the lease agreement with St. Luke’s Episcopal Church. Mr. Yung stated that years ago the four corners were considered sacred and were to never be sold. He stated that he wanted it on record how much he is displeased at what he felt Council was going to do. 

Patrick Hart, Colony at Granville, Gail Road, and former part owner of Sensibilities read a letter to Council. He stated that ten years ago Sensibilities was the high bidder for the property located at 118 South Main Street. Mr. Hart stated that they were never considered as a prospect when the lease matured and he questioned why there was not another bid process. Mr. Hart stated that they have made 120 lease payments on time. He asked Council why the bidding process was by-passed. Mr. Hart stated that they have improvement costs to recover. Mr. Hart stated that when they decided to sub-lease the building they were offered $2600 by St. Luke’s Episcopal Church, as well as $3600 and $3700 by other parties. He stated that even though St. Luke’s was the lowest bid, they were sensitive to the church’s inability to pay more. Mr. Hart stated that although some people are saying they are greedy, they have principal, interest and insurance to pay. Mr. Hart stated that St. Luke’s would be given a $1055 discount if leased directly through the village. He asked why St. Luke’s is being given “a sweetheart deal.” Mr. Hart also stated that they tried to buy the building ten years ago, but were told it couldn’t be done because it was a historic building. Mr. Hart stated that by losing this lease, they will suffer a major monetary loss. He went on to say that they were hours late on a holiday weekend to renew the lease. Mr. Hart stated that “the penalty hardly matches the crime.” Mr. Hart stated that this was a mean spirited decision by Council and a terrible economic decision for the village. Mr. Hart proposed to Council that they would cooperate with them on selling the building, as long as they could recoup their $50,000 loss. 

Councilmember Main asked why Mr. Hart didn’t exercise the right to renew the lease earlier. 

Mr. Hart stated that they were technically a few hours late, however, the village offices closed early that day. Mr. Hart also stated the holidays as being a reason for it being late. Mr. Hart stated that the agreement was delivered at 8:00am the next day. He stated that he was in Florida, and that his business associate was taking care of the renewal. Mr. Hart ended that in forty years of business he has never been involved with something like this. 

Manager Hickman stated that he wished to clarify that the lease could not be renewed sooner than 180 days before its expiration. This would be from October 3 – January 1. He stated that the village offices were open all day on December 31 and January 2. 

Mr. Hart stated that he disagrees with Manager Hickman because this is a leap year. 

Mayor Robertson asked Mr. Hart for a copy of the letter he read aloud to Council. He agreed to provide a copy. 

Dorothy Garrett, 45 Donald Ross Drive, stated that Mr. Hart and Mr. Vance had 90 days to renew their lease and they failed to do so in spite of this. She urged Council to lease the property to St. Luke’s, or sell the property if possible. Ms. Garrett stated that she was on Council when it was available ten years ago. She also stated that Mr. Vance was on Council at that time. Ms. Garrett stated that she felt it was questionable on whether or not Mr. Vance profited by knowing information available by being on Council and that he did not make Council aware of the fact that he was involved in this business deal. Ms. Garrett stated that she is not a member of St. Luke’s Episcopal Church. She ended by saying that she feels the village is being had. 

Vice Mayor Crais asked Ms. Garrett if she recalled any discussion on what might happen if the business failed. Ms. Garrett stated that she did not and they were inclined to think more positively. 

Councilmember Barsky stated that she recalled (through various notes) that the Harts were allowed some months of no rent. Ms. Garrett stated that they got the price they did because the plan put before Council at that time showed money being put into the building for improvements up front. 

Keith Myers stated he was representing St.Luke’s Episcopal Church. He stated that their principal interest is continued occupancy of the building. 

Councilmember Herman asked what St. Luke’s understanding was of the money they invested and were there any discussions of recouping their investment. 

Mr. Myers stated that they have invested $135,000 worth of improvements to the building. He stated that there was no discussion of recouping their investments. 

Lillie McCutcheon, no address given, stated that she has known the Hart’s for eight years. She stated that both the Vance’s and Harts spent their own money on the building. She stated that the improvements also benefited the village. Ms. McCutcheon stated that the Harts and Vance’s have had good business relations with the village and made on time payments. She went on to say that the punishment doesn’t fit the crime and Council is sending the message that Granville is hard to deal with. 

Ordinance No. 04-04, An Ordinance To Adopt The 2001 Review Updates To The Granville Comprehensive Plan.

No one appeared to speak in regards to Ordinance No. 04-04.

 Mayor Robertson closed the Public Hearing at 8:35 pm. 

NEW BUSINESS (8:35 pm) Resolution No. 04-15, A Resolution To Award The Bid For Grounds Maintenance, As Per Specifications, To Fackler Country Gardens And To Authorize The Village Manager To Enter Into An Agreement Therefore was introduced by Councilmember Hartfield. Second by Councilmember Barsky. 

Discussion: Manager Hickman stated that $50,000 was spent last year and that the village has picked up an additional 34 acres. He stated that $60,000 has been budgeted for this year. Manager Hickman stated that the polo group has agreed to pay $200 a week for mowing instead of $200 per use. He also stated that more polo will be played. 

Motion carried (7-0). Resolution No. 04-15 is adopted.

 Resolution No. 04-24, A Resolution To Authorize The Non-Permanent Installation Of A Sidewalk Café On The Public Sidewalk At 132 East Broadway In Front Of The Business Known As “Village Coffee Company” was introduced by Councilmember Barsky. Second by Councilmember O’Keefe. 

Discussion: Councilmember Hartfield stated that this Resolution appears to be lengthier than last years. Manager Hickman stated that they think they have all the bugs worked out and that this Resolution is simply a renewal. 

Motion carried (7-0). Resolution No. 04-24 is adopted.

 Resolution No. 04-25, A Resolution To Authorize The Non-Permanent Installation Of A Sidewalk Café On The Public Sidewalk In Front Of The Business Known As “Broadway Delicatessen” was introduced by Councilmember Herman. Second by Vice Mayor Crais. Discussion: None.

Motion carried (7-0). Resolution No. 04-25 is adopted.

 Resolution No. 04-26, A Resolution To Authorize The Non-Permanent Installation Of A Sidewalk Café On The Public Sidewalk At 138 East Broadway In Front Of The Business Known As “Whit’s Frozen Custard” was introduced by Vice Mayor Crais. Second by Councilmember Barsky. 

Discussion: None.

Motion carried (7-0). Resolution No. 04-26 is adopted.

 Resolution No. 04-27, A Resolution To Authorize The Non-Permanent Installation Of A Sidewalk Café On The Public Sidewalk At 134 East Broadway In Front Of The Business Known As “Victoria’s Parlor” was introduced by Councilmember O’Keefe.. Second by Councilmember Hartfield. 

Discussion: None.

Motion carried (7-0). Resolution No. 04-27 is adopted.

 Resolution No. 04-28, A Resolution To Authorize The Village Manager To Re-bid West Elm Street Improvements was introduced by Councilmember Main. Second by Councilmember Hartfield. 

Discussion: Councilmember Barsky asked if the re-bid could change the bid amounts. Manager Hickman stated not necessarily. He stated that he was also going to get bids for moving overhead utilities underground. 

Motion carried (7-0). Resolution No. 04-28 is adopted.

 Resolution No. 04-29, A Resolution To Authorize The Village Manager To Advertise for Bids for the Sale Of Miscellaneous Surplus Equipment was introduced by Vice Mayor Crais. Second by Councilmember Barsky. 

Discussion: Manager Hickman stated that this was for a 1996 Ford Taurus, as well as some outdated computer equipment. He stated that the computer equipment could go for bid or donation, depending on which is best. 

Motion carried (7-0). Resolution No. 04-29 is adopted

 Resolution No. 04-30, A Resolution To Appoint The Bryn Du Governance Commission was introduced by Councilmember Barsky. Second by Councilmember Hartfield. 

Discussion: Council voted twice by ballot. All applicants were narrowed down to five. The five applicants selected by the first ballot vote were: Steve Herb, Keith Myers, Jurgen Pape, Tim Riffle, and Jim Siegel. Council then voted to narrow the list down to the final three people to serve on the Commission. The final three people chosen by ballot to serve on the Bryn Du Governance Commission include: Steve Herb, Jurgen Pape, and Keith Myers. 

Vice Mayor Crais stated that he has one concern with the way the Bryn Du Governance Commission is set up. He stated that two of the selected committee members are married and he is uncomfortable with this. Vice Mayor Crais stated that he lives by the principal that if his wife is on a committee, he would purposely not be on that particular committee. 

Councilmember O’Keefe stated that she too has the same type of concern. 

Councilmember Herman stated that he is not at the same place. He stated that he can see the need for this being addressed in future decisions by Council, but feels uncomfortable with the issue being raised now. 

Councilmember Barsky stated that she agrees with Councilmember Herman. She stated that it would be judicious of Council to address this kind of issue in the future.

Councilmember Main stated that he agrees with Councilmember Herman and now is not the time to make these kinds of changes. He went on to say that if we are concerned about married people serving on the same committee, should Council also look further into all relatives, such as father/son – mother/daughter, etc. 

Various members of Council stated that this issue has been discussed lengthy. 

Councilmember Hartfield stated that she does not recall this issue being brought up during a Council meeting. 

Mayor Robertson stated that it has been raised with the people involved. 

Councilmember Hartfield stated that this has not been raised by the Chamber of Commerce. 

Council stated that there are many people (including married couples) wishing to get involved in the village, and that this issue should be looked at for future decisions.

Mayor Robertson stated that there appears to be a general consensus by Council that the rules should be modified so this doesn’t happen in the future. She asked if the legislation can be changed and that this is something that should be considered and revisited. She went on to say that Council is free to not be a rubber stamp here. She stated that the names put forth are simply recommendations. Mayor Robertson stated that Council should remember that the village owns this property and we are being generous in sharing it with all of our friends and neighbors. She stated that a precedence should be set that whoever is nominated or recommended by the other parties will not necessarily be accepted by Council. 

Councilmember Herman ended by stating that there are some risks involved by having married individuals serve on the same committee. He suggested that we move on with the faith that the individuals involved will make the situation work fine and he wished all of the committee members well on getting on with the work that is ahead of them. 

Motion carried (7-0). Resolution No. 04-30 is adopted

 Ordinance No. 05-04, An Ordinance To Amend Ordinance No. 26-03 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2004 And Revising Sums For Operating Expenses was introduced by Councilmember Herman. Second by Councilmember Main.

 Mayor Robertson set the public hearing for April 21, 2004. 

 

OLD BUSINESS

 Krone Appeal – Law Director Crites stated that he was not in attendance for the March 17 Appeal hearing. He stated that Council’s decision would need to come from the evidence put forth during that hearing. Law Director Crites stated that Section 1137.01 of the Codified Ordinance states that Council shall make its decision no later than the regularly scheduled Council meeting after the appeal hearing. Council then is allowed 45 days to formalize its decision in writing. He stated that Council will need to debate, discuss, and orally state what their decision will be. Law Director Crites suggested that a motion be used to announce Council’s decision and that he would prepare in written Resolution to formalize the decision within 45 days. 

Councilmember Main asked Law Director Crites if Council’s decision comes down to a preponderance of evidence that there is a safety issue. He stated that this was what was directed by Assistant Law Director Gorry. Councilmember Main wished to know what the decision comes down to. 

Law Director Crites stated that Council needs to make a determination based on evidence that is on record from the March 17th hearing. He stated he read that there were engineers that stated on record that safety was not a hazard. He went on to say that this is evidence that can and should be considered by this Council. He stated that Council’s decision must be based on the evidence – probative, relative, and material evidence. 

Councilmember O’Keefe stated that the basis of safety was 250 feet for site and stopping distance. She stated that this accounted for just one side of the road (North) and should the South side of the road also be considered.

Councilmember Main stated that that particular evidence put forth shows no change because it showed only site and stopping distance. This is different than what evidence Mr. Krone put forth in regards to driveway spacing. 

Councilmember Barsky stated that she has some concern because there hasn’t been a traffic study done on Milner Road. She stated that it is clear that the site and stopping distance meet the requirements, but it is also clear that this road has changed and could now be considered as a collector road. Councilmember Barsky stated that both parties during the hearing referred to the Licking County Subdivision Regulations. She stated that it was used by the parties when it was to either sides benefit. 

Mayor Robertson stated that this comes down to an issue of safety. She asked how this would be handled if the entire property was located in the village

Chris Strayer, Village Planner, stated that if the entire property were in the village, there would be a traffic study done, but not an extensive one. He stated that the village owns the road, but the land belongs to the township. He stated that under village requirements for subdivisions, anything over five lots would not be allowed. It was stated that nine lots were originally proposed in this case. Mr. Strayer stated that the current set up would not be allowed. He also stated that there likely would be one thru roadway, under the village regulations. Mr. Strayer stated that with this particular issue the attorney’s got together and decided the coarse of action should be transportation, since the village’s only concern is the road. Mr. Strayer stated that the attorney’s agreed it came down to a matter of safety. 

Vice Mayor Crais stated that “the lot split, put crudely, is none of our business.”

Councilmember Herman stated that on page 70 of the appeal hearing minutes, it was asked if the volume of traffic enters into consideration with curb cuts. It was stated that it does not. Councilmember Herman stated that considering traffic volume might make sense to us, but it doesn’t enter into at least one traffic engineers method who testified that they don’t do it that way in Delaware County.

Councilmember Barsky stated that on page 68, the traffic engineer was asked if it would be wise to know the traffic of the road and he stated that it would certainly be nice to know if it affects the safety of the road. She stated that when the Krone’s built ten years ago, the nature of the road was much different. 

Councilmember Herman asked if she was speaking in terms of policy or as the matter before us right now.

Councilmember Barsky stated that the safety issue was never really addressed because we don’t have the adequate information. She stated that we need to consider the safety of the citizens. Councilmember Barsky stated that this is a health and safety issue, and she feels a bit uncomfortable and not sure how this should be handled. 

Vice Mayor Crais stated that it strikes him that the safety issue is a matter complicit in the entire process. 

Mayor Robertson stated that she was not at the Council meeting the night of the hearing, however, she has studied the transcript. She stated that it occurs to her that implicit in our subdivision regulations is that safety demands one entrance. She stated that she recalls a slide during the MORPC presentation where there was a large empty farm field with a road in front. She stated that there were many roads/driveways leading in. Mayor Robertson asked Mr. Strayer why the village has the subdivision regulations, and what are the underlying principles behind them. 

Mr. Strayer stated that they are growth management principles. He stated that it is due to a variety of reasons such as agriculture protection, open space protection, community character, quality of life, and safety. 

Mayor Robertson stated that Mr. Strayer did mention safety. 

Councilmember Main stated that suppose Council were to approve the curb cuts, what are the chances the plan would be turned down. 

Mr. Strayer stated that if Council approves it, it will be approved by Licking County Planning Commission. He stated that if Council doesn’t approve the curb cuts, it will 100% be denied, and the individuals involved would need to go back to the drawing board.

Councilmember Main asked if our Planning Commission knew that when they voted on this. 

Mr. Strayer stated yes. 

Councilmember Barsky asked Mr. Strayer what defines a minor collector road.

Mr. Strayer stated that he would rather not answer that questions because he is not a traffic expert. 

Councilmember Herman stated that with the current regulations, volume is not looked at. Rather, he stated, that they look at things like site and stopping distance and speed. He stated that this appears to be the standard. Councilmember Herman stated that lets say Council chooses to remand, than what criteria does Council give to our Planning Commission as to what the appropriate volume is. He stated that it seems we need to have some reasonable basis of knowing that beforehand. Councilmember Herman stated that Council is not in a position to do that at this time. He stated that the preponderance of evidence supports this decision. He stated that if some standards were put into place before an applicant comes forward, it would be a different matter. 

Vice Mayor Crais stated that Doyle Clear suggested moving the curb cuts from nine to seven. He asked why this was done. 

Mr. Strayer stated that any information provided by Mr. Clear was provided to Council and not to the Planning Commission. He stated that Mr. Clear indicated that the nine curb cuts meet the criteria, but it would be better to reduce them to seven because some of the site distances were a bit short.

Vice Mayor Crais asked if Mr. Strayer recalls that Mr. Clear looked at both sides of the road. 

Mr. Strayer stated yes, he looked at both sides. 

Mayor Robertson asked if there was any discussion of any more sharing of driveways. 

Mr. Strayer stated that this wouldn’t work for some driveways due to the topography and a gas line. It was stated that driveways 2 and 3 could be combined, but this was not discussed. 

Councilmember O’Keefe asked if Council should consider the rights of the property owners having access to a road when making their decision. 

Law Director Crites stated he was not there for the hearing. He asked if anyone else could shed some light on this and answer Councilmember O’Keefe’s question. 

Mr. Krone objected to the opposing side speaking to Council. He stated he was denied the chance to give further testimony during the Planning Commission meeting. 

Vice Mayor Crais stated he may be able to shed some light on this and that it was his recollection that Council cannot say that you cannot have a driveway. He stated that Council was instructed that they cannot act arbitrarily, but we have to have some kind of grounding. 

Law Director Crites stated that if Council does not like the evidence before them, they can remand and ask for further information. 

Mayor Robertson asked Council if there are criteria to remand. She stated that if they were to remand, they need to have a specific list of needed information. She asked if we have such a list. 

Councilmember Barsky stated that she would like to know if Milner Road is considered a minor collector and if so is volume then considered. 

Councilmember Herman stated that he asked the engineer if it is a collector is volume entered into the equation and he said no, at least not in Delaware. 

Councilmember Barsky stated that she would like to know if volume is considered by Licking County. 

Vice Mayor Crais asked if a remand could be made with specific instructions. 

Law Director Crites stated yes, and he would suggest that if it is done it should be with specific instructions. 

Councilmember Main asked if Council would use the Planning Commission’s decisions and not starting from scratch in the case of a remand. Councilmember Main asked if the Planning Commission felt they had adequate information to make the decision they did. 

Councilmember Hartfield stated she attended the second meeting and it was her opinion that the Planning Commission was driving for the lowest number of curb cuts possible.

Councilmember Main also asked if it was the Planning Commission’s opinion that the safety issues were answered to their satisfaction. 

Councilmember Hartfield stated that she believes all but one person (Karl) was satisfied. 

Councilmember O’Keefe stated she attended the first meeting only. 

Mayor Robertson stated that not all members were in attendance at the Planning Commission meeting. She knows Jack Burgess was not there. 

Councilmember Herman stated that he would like to ask this in a different way. He stated that more importantly than the Planning Commission’s satisfaction is did they feel with the criteria they had to work with that they were able to render a decision that was congruent based on what they had. 

It was stated that the attorney’s on both sides agreed that this was a transportation issue and that it is why it is now before Council. 

Vice Mayor Crais stated that he is sympathetic to a lost situation. He stated that he is not happy, the Planning Commission acted reasonably with the criteria they had at that time. He went on to say that in the future he feels there will be significant safety issues in that area. 

Councilmember Main stated that he too is not in love with the lot split in any way. On the other hand, he stated that this is not what Council is being asked to rule on. Councilmember Main stated that he is unsure what the level of safety should be considered on. He asked if it should be safe – barely safe – how safe should it be. Councilmember Main stated that he agrees with Councilmember Herman and Vice Mayor Crais. He stated that he is “comfortable” and not “real comfortable.” 

Vice Mayor Crais stated that he was not impressed with Ms. Cummings testimony and the way the data was manipulated. He stated “I feel in no other position.” 

Councilmember Barsky asked if Council should throw up their hands because we don’t have the sufficient date where needed. She asked what is the volume. How does Licking County define a minor collector, is there a disconnect where you question the safety, and lastly are the north and south sides both considered with the 250 feet space requirements.

Councilmember Barsky made a motion to remand to the Planning Commission with specific criteria which includes:

-definition of a minor collector and whether or not Milner is considered a minor collector -does the definition include traffic volume -are we obligated to follow Licking County regulations or other -do we consider both sides of the road (north and south) 

The motion was seconded by Vice Mayor Crais.

Councilmember Herman stated that those are the questions, but what will be done with the answers. 

Councilmember Hartfield asked if Council would make the final decision after the answers are found out – not the Planning Commission. It was stated that Council would make the final decision. 

Law Director Crites stated that the Planning Commission will simply consider any additional evidence in the rendering of its decision. He stated that another appeal hearing could take place on that decision.

Mayor Robertson asked if drainage of the property was ever looked at.

Mr. Strayer stated that the Planning Commission did not look at drainage, and that they didn’t feel storm water or run off would be an issue. 

Mayor Robertson stated that she would like to see the final Resolution have language stating that if there is a drainage problem, the responsible party should have to fix it. 

Roll Call: Barsky, Crais, Herman (no), Robertson, O’Keefe, Hartfield, Main (no) (5, 2) The Krone Appeal is remanded with the specifically listed criteria above. 

EXECUTIVE SESSION Vice Mayor Crais moved to enter into Executive Session Pursuant to ORC 121-22(G)(3) – To conference with an attorney for the public body concerning disputes involving the public body that are the subject of imminent court action. Second by Councilmember Barsky. 

Time In:

Roll Call: Robertson, Crais, Barsky, Hartfield, Herman, Main and O’Keefe. 

Vice Mayor Crais moved to return to regular session. Second by Councilmember Hartfield. Roll Call: Crais, Robertson, Hartfield, Main, O’Keefe, Herman, and Barsky.

Time Out:

Council returned to regular session. 

OLD BUSINESS Ordinance No. 03-04, An Ordinance To Authorize The Village Manager To Enter Into A Lease Agreement With St. Luke’s Episcopal Church For The Lease Of 118 South Main Street, was tabled by Councilmember Main. Second by Vice Mayor Crais.

Discussion: Council stated this would be addressed at the April 21 Council meeting. 

 Ordinance No. 04-04, An Ordinance to Adopt The 2001 Review Updates to the Granville Comprehensive Plan was introduced by Councilmember Barsky. Seconded by Vice Mayor Crais. Discussion: Councilmember Barsky stated that they looked at the recommendations by the 2001 committee. She stated that Trustee Jim Havens has indicated that he felt the committee failed to address what they were charged to do. Councilmember Barsky stated that it needs to be clear what the charge is. She went on to say that the report you see is as is with some modifications. There was some discussion on how the report would be used by Council. Councilmember Barsky stated that it is her view that Council is accepting the report, but not necessarily agreeing with all that is in it. She also stated that it is her belief that the Trustees are not doing anything with the report.

Councilmember Main stated that the Trustees did send the report to their zoning and planning boards, and he believed they would be using it as a guideline. 

Mayor Robertson offered the following friendly amendment: In Section I: strike “is” and replace with “are” and after the word “adopted” add “as they apply to the village.”

Mayor Robertson thanked the people who worked on this. She also asked that they be invited to a future Council meeting to be thanked in person. Councilmember Barsky added that she had thank you letters sent to each member stating that Council has taken a look at the work they did. 

Roll call vote: Crais, Barsky, Hartfield, Herman, Main (no), O’Keefe, Robertson. (6-1) Motion carried. Ordinance No. 04-04 is adopted.

Council moved to table the remaining of the agenda. 

Mayor Robertson reminded Councilmembers about the April 17th bowling at 10:30am. 

Councilmember Hartfield asked if the Lights, Safety, Streets/Sidewalks & Utility Committee could meet to discuss outstanding matters. An April 16th meeting was set up.

Mayor Robertson asked if Councilmembers could send their interest for the Small Intergovernmental Committee to her. Councilmember Main stated he would be interested in Infrastructure and Development. Councilmember O’Keefe stated she would be interested in Safety. 

 ADJOURNMENT At 11:40pm, Vice Mayor Crais moved to adjourn the meeting. Second by Councilmember Barsky. Motion carried, 7-0. Meeting adjourned. 

 Submitted by Melanie Schott 

Council Minutes 3/17/04

VILLAGE OF GRANVILLE COUNCIL MINUTES March 17, 2004

CALL TO ORDER (by Vice Mayor Crais at 7:30 pm) 

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were Councilmembers Barsky, Hartfield, Herman, Main, O’Keefe, and Vice Mayor Crais; and Manager Hickman; Assistant Law Director Jim Gorry. 

Councilmember Hartfield made a motion to excuse Mayor Robertson. Second by Councilmember Main. Motion carried. 

APPROVAL OF AGENDA (7:31 pm) Councilmember Herman moved to amend the agenda and hold the appeal hearing after citizen comments (item 7). Councilmember Herman moved to approve the agenda as amended, seconded by Councilmember Barsky. Motion carried.

CITIZENS’ COMMENTS (7:32 pm) All topics – Ben Rader, 39 Briarwood Drive, spoke in regards to Ordinance No. 03-04. He asked Council to not make this an emergency and to have more discussion on it. He stated that much money has been put into this building by the Vance’s. 

Jim Jung, Burg Street, spoke in regards to Ordinance No. 03-04. He stated that a lot of money has been put into the building. He also stated that the Vance’s are good citizens that owned two businesses in Granville. Mr. Jung stated that this might be legal, but it is wrong and he questions he ethics behind it. 

George Wales, Township resident, spoke in regards to Ordinance No. 03-04. He stated that he agrees with much of what has been said so far. Moreover, he stated that this decision would cause great problems for the Vance’s and it is not right when you consider that they have greatly improved the facility. He went on to say that the PR will be harmful for future businesses wanting to do business in Granville.

Jack Heller, 542 Mt. Parnassus, started by thanking Council what has been done to bring Kendall to Granville. He also spoke in regards to Ordinance No. 03-04. Mr. Heller stated that he was there to speak on behalf of the Vance’s. He stated that there should be some kind of grace period. Mr. Heller stated that the Vance’s pay a lot of taxes and had two businesses in Granville. He urged Council to consider appealing this action.

Howard Dellard stated that he has been a resident of Granville for twenty-four years and a Denison graduate. Mr. Dellard stated that he was here on concern for the village and felt the decision could be considered arbitrary. He stated that Council runs the risk of making their job more difficult. He went on to say that some will consider it difficult to do business with Granville if Ordinance No. 03-04 is passed. He asked Council to put themselves in the position of folks living in surrounding areas. 

Ed Vance, 248 Thornwood Drive, stated that he was the owner of Crown Cushion and Sensibilities. Mr. Vance provided council with a handout. He stated that he felt Ordinance No. 03-04 was unfair and an injustice. Mr. Vance stated that he found out about this Ordinance on Monday night. Mr. Vance stated that he is a business person, and he didn’t want his comments to be perceived as a threat. He stated “if you pass this Ordinance, you will probably find yourself in the middle of litigation.”

Vice Mayor Crais closed citizens’ comments at 7:42 pm.

BRIEF STATEMENT BY VICE MAYOR CRAIS Vice Mayor Crais announced that he is in the process of accepting a position with Emory University. He announced his resignation effective at the end of the next regularly scheduled Council meeting. 

Councilmember Herman moved to have the Village Manager advertise the opening on Village Council. Seconded by Councilmember Barsky. 

APPEAL HEARING Gilbert Krone – Planning Commission Approval of Application No. 04-010

 Court Reporter Marilyn Houck is present to transcribe the hearing and swear in participants. Those sworn in were:

Joan Krone, 3262 Millner Road, stated that she wished to address two issues. The first point was that by allowing the curb cuts it would cause a safety hazard. The second point Mrs. Krone addressed was the history of Millner Road. Mrs. Krone stated that the portion of Millner Road being discussed was annexed by the Village in 1989. Councilmember Herman asked what the proposed solution would be. Mrs. Krone suggested having the entrance on Jones Road. 

Gilbert Krone, 3262 Millner Road, stated that they have lived at this address for fifteen years. He stated that the traffic study done lacks credibility. 

Catherine Cunningham, an attorney for Plank & Brahm, spoke representing Genesis Land Development/Dr. Lewis. 

Jeff Cummings, MS Consultants, stated that he has been a traffic engineer for thirty years. He stated that his company looked at two areas. The first was Intersection Site Distance, and the second was Stopping Site Distance. He stated that National and Ohio standards were used. 

Ron Beitzel spoke representing Genesis Land Development.

Councilmember Main made a motion to accept the documents/exhibits provided for the hearing. Seconded by Councilmember Hartfield. 

Councilmember Hartfield made a motion to close the appeal hearing. Seconded by Councilmember Barsky. 

The appeal hearing ended at 10:20 pm. 

PUBLIC HEARING None Scheduled. 

NEW BUSINESS (10:20 pm) Resolution No. 04-20, A Resolution To Authorize The Village Manager To Seek Proposals For Property And Casualty Insurance Coverage For The Period Of July 1, 2004 Through July 30, 2007 was introduced by Councilmember Hartfield. Second by Councilmember Barsky.

Discussion: Manager Hickman stated that this is housekeeping and a proposal will likely come before Council in June. 

 Motion carried (6-0). Resolution No. 04-20 is adopted. 

 Resolution No. 04-21, A Resolution To Authorize The Village Manager To Advertise For Bids For Towing and Impounding was introduced by Councilmember Herman. Second by Councilmember O’Keefe. 

Discussion: Manager Hickman stated that this is housekeeping and a proposal will likely come before Council the latter part of April.

 Motion carried (6-0). Resolution No. 04-21 is adopted 

 Resolution No. 04-22, A Resolution To Award The Bid For Miscellaneous Roadway And Water-line Improvements, As Per Specifications, To Layton Companies Inc., And To Authorize The Village Manager To Enter Into An Agreement Therefore was introduced by Councilmember Hartfield. Second by Councilmember Barsky.

Discussion: Manager Hickman stated that Layton was the best low bidder. 

 Motion carried (6-0). Resolution No. 04-22 is adopted 

 Resolution No. 04-23, A Resolution To Award The Bid For Miscellaneous Roadway And Water-line Improvements, As Per Specifications, To Kokosing Construction Co., Inc., And To Authorize The Village Manager To Enter Into An Agreement Therefore was introduced by Councilmember Barsky. Second by Councilmember O’Keefe. 

Discussion: Council wished to know if the above Resolutions already had funds allocated in the budget. Manager Hickman stated yes. Vice Mayor Crais stated that it would be helpful to him to have more information provided in the form of a memo explaining more detail about the above Resolutions. Manager Hickman stated that he would get this information to Council. 

Councilmember Hartfield asked if the Village requires payment bonds from contractors. Manager Hickman stated that they require bid bonds as well as payment bonds. 

 Motion carried (6-0). Resolution No. 04-23 is adopted 

 Ordinance No. 03-04, An Ordinance To Authorize The Village Manager To Enter Into A Lease Agreement With St. Luke’s Episcopal Church For The Lease Of 118 S. Main Street, And To Declare An Emergency was introduced by Councilmember Main. Second by Councilmember Hartfield.

Discussion: Councilmember Main stated that he would like to see this Ordinance introduced, but not as an emergency. He stated he would prefer having a public meeting on it at the next meeting. 

Council discussed extending the lease. Councilmember O’Keefe stated that she would be concerned that extending the lease as is might have legal implications. Assistant Law Director Gorry stated that Council could treat the current lease as terminated and simply tolerate occupancy on the property. Councilmember Hartfield asked if a document could be crafted to cover the village legally. Councilmember Main stated that Mr. Vance only had two days notice and there needs to be adequate public notice. Assistant Law Director Gorry stated that by ending the lease with Sensibilities, it could bring a lawsuit. Mr. Vance asked if he could suggest an extension. Council had concern on extending the lease and not having a new agreement. Assistant Law Director Gorry stated that language could be crafted to accommodate everyone involved. Councilmember Hartfield asked if this would be called an extension, or would there be a completely separate document. Vice Mayor Crais stated that he would insist on it being a new document. Moreover, he stated that we are in this situation because the lease was not renewed. Councilmember Barsky stated that we as Council are moving in this direction on the advice of legal counsel. Manager Hickman asked Council what the appropriate venue was to answer Mr. Vance’s questions. Council agreed at the next scheduled Council meeting.

The public hearing for Ordinance No. 03-04 is set for April 7, 2004.

 Ordinance No. 04-04, An Ordinance To Adopt The 2004 Review Updates To The Granville Comprehensive Plan was introduced by Councilmember Barsky.. Second by Councilmember Herman.

Discussion: Councilmember Barsky stated that it is her hopes to introduce this and bring to closure what this group has done. Councilmember Barsky went on to say that there was some comments by Trustee Havens that the committee did not follow what they were charged to do. She stated that Council may want to rephrase parts of the Ordinance once they have a chance to look at it. Councilmember Hartfield asked about he changes in italics. Councilmember Main asked if the italics were changes of the redline copy which were changes from the original. Councilmember Barsky stated yes. Vice Mayor Crais went on to say that there were not phenomenally large changes. 

The public hearing for Ordinance No. 04-04 is set for the April 7, 2004. 

OLD BUSINES None Scheduled.

ADJOURNMENT

Vice Mayor Crais moved to table the remaining of the Agenda for March 17, 2004. Second by Councilmember Main. (11:09 pm) Motion carried, 6-0. Meeting adjourned.

Mr. Vance stated that he appreciated Council’s actions this evening. 

 

 Submitted by Melanie Schott 

Council Minutes 3/3/04

VILLAGE OF GRANVILLE COUNCIL MINUTES March 3, 2004 

CALL TO ORDER (by Mayor Robertson at 7:30 pm) 

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were Councilmembers Barsky, Hartfield, Herman, O’Keefe, Main, Vice Mayor Crais, and Mayor Robertson. Sitting in for Law Director Crites is Attorney Jim Gorry. Sitting in for Manager Hickman is Chief Cartnal. 

APPROVAL OF AGENDA (7:31 pm) Councilmember Barsky moved to approve the agenda, seconded by Councilmember Herman. Motion carried. 

CITIZENS’ COMMENTS (7:32 pm) Bicentennial Committee Dick Daley, Chair of the Granville Bicentennial Committee, addressed Council with an update to Granville’s upcoming Bicentennial celebrations. Mr. Daley stated that there is a signup sheet available tonight for anyone wishing to get involved with Granville’s Bicentennial celebrations. He thanked Council, the Granville Foundation, and the Township, for their support. Mr. Daley stated that much is happening behind the scenes. He stated that there has been community input meetings, a logo, and templates are in place for some planned activities. Mr. Daley went on to say that Granville’s Bicentennial will begin with the community, and that the main theme will be fellowship. He mentioned various events including two at the end of this year (2004). The kickoff will be at the December 4th candlelight walking tour, and there is an event with the Rotary on New Year’s Eve. Mr. Daley stated that he was recently made aware that the Rotary wishes to present a clock to the community. Mr. Daley stated that some other events taking place in 2005 would include a promotional tent at the 4th of July celebration, churches presenting music, and a Thanksgiving banquet. He also stated that there will be a Bicentennial calendar available. Mr. Daley stated that a final community input meeting will take place in September and letters were recently sent to all the major organizations in Granville letting them know that any plans they might have need to back to the committee by May. Mr. Daley ended by stating that they need community involvement and he urges people to be a part of Granville’s 200th birthday.

Mayor Robertson thanked Mr. Daley and asked him to convey Council’s appreciation to the many others on the committee who have worked so hard. 

Mayor Robertson closed citizens’ comments at 7:46 pm. 

PUBLIC HEARING Ordinance No. 02-04, To Amend Section s 1171.02, 1171.03, 1171.04 Of The Codified Ordinances Of The Village Of Granville, Ohio To Modernize And Revise The Planned Commercial District Zoning Provisions Of The Village Of Granville, To Prohibit Fast-Food Restaurants In A PCD, And To Ensure That Approval Of A PCD Development Plan By Village Council Is Subject To Referendum, And To Declare An Emergency.

Bob Dixon, 161 Bryn Du Drive, spoke to Council in regards to Ordinance No. 02-04. Mr. Dixon stated that he is the Treasurer to the Chamber of Commerce, as well as a life long resident of Granville. Mr. Dixon stated that he is amused when he hears people talk about preserving Granville’s charm and wonders if people are aware of what Granville was once like and are they even aware of what Granville’s charm once was. He remarked about the types of businesses that were located in the downtown area at one time. Mr. Dixon stated that if it was possible to go back in time and visit the old Granville, the anti- development people would never have voted for it. Mr. Dixon stated that he is in opposition to the Ordinance and asked Council to “use common sense.” 

Pat Moller, 265 Welsh Hills Road, is a member of the Chamber of Commerce, but stated that she is not speaking on behalf of the entire Chamber of Commerce tonight. She asked Council to reconsider Ordinance No. 02-04 and stated that she felt it is rather short sited and somewhat detrimental to the Chamber’s long term goals. Ms. Moller stated that she believes a drive up pharmacy or laundry cleaner could be a perfect type of business for the aging population of Granville. She stated that Granville is being faced with levy after levy. She believes there is a way to still preserve Granville’s charm and be in support of our schools. 

Tim Riffle, 135 Thresher Street, stated that he is firmly against rezoning without seriously considering this Ordinance. Mr. Riffle stated that this is only going to be looked down upon by the business community. He went on to say that the Cherry Valley PCD area is perfect for this kind of development and to leave this area as a developed area that we would not want in our downtown. 

Barbara Hammond, 123 East Broadway/BHammond Interiors, stated that she is greatly appreciative of the support by Granville residents to her store, but that there are simply not enough people in Granville to sustain all of the businesses in Granville. She stated that the language referring to drive-ups is short sited. Moreover, Ms. Hammond stated that by having development at the Cherry Valley corner, it will in no way impact any of the downtown businesses. She asked Council to reconsider the Ordinance.

Nick Cavaleris, 37 West Broad Street, Columbus, stated that he was representing his client who owned property on the Cherry Valley PCD. Mr. Cavaleris wished to reiterate his clients opposition to Ordinance No. 02-04 and felt as though it was unnecessary due to the distance from downtown Granville. 

Drew McFarland, 230 East Broadway, stated that he does not reside in Granville, but his business is located here. He went on to say that he is not necessarily for or against the Ordinance, but as an attorney and co-council on a case (Buckeye Hope vs Cuyahoga Falls) he feels Council’s decision could have negative consequences. Mr. McFarland stated that his gut reaction told him there are good reasons the village could get sued for a lot of money. He stated that if this Ordinance is not written differently, and formally researched there would be negative impacts for the village. Mr. McFarland also told Council that he did not formally research the Ordinance.

Ron Sheldon, 278 Lamberse Drive, distributed a letter to Council. He stated that all of the school board members played a part in the drafting and structure of the letter, and he was in attendance tonight representing the school board. Mr. Sheldon read the letter aloud and ended by stating that there is concern that Ordinance No. 02-04 has not been discussed in relative to its negative impact on Granville Schools. He went on to say that the Ordinance would restrict business uses and delay the fill out of business in the PCD. Mr. Sheldon stated for example the fast food restaurant currently in the area pays ½ more in revenue than the medical center across the street. He stated that the lot sizes are roughly the same and the fast food restaurant is smaller in structure. He stated that the school board wishes to fill this area with businesses, and that Ordinance No. 02-04 would significantly limit the types of businesses permitted. Mr. Sheldon ended by stating that Council needs to be allocating more land for business development and have in place on a strong plan for attracting the more limited scope of businesses in general numbers. 

Mayor Robertson asked Mr. Sheldon what was the per pupil expenditure/cost per child. 

Mr. Sheldon stated that he did not have that information readily available, but he could get back with Mayor Robertson. Mr. Sheldon stated that he wanted to ensure the accuracy of this number, and he would be meeting with the Treasurer the next day. 

Mayor Robertson stated that she appreciated Mr. Sheldon wanting to be accurate.

Pat Moller stated that her recollection from several months back was that the per pupil expenditure was somewhere around $7800 per child. 

Ben Barton, 67 Pinehurst Drive, stated that he also owns property on River Road. Mr. Barton stated that he is guessing by comments heard thus far that there has been no ongoing discussions between Council and the Chamber of Commerce in regards to Ordinance No. 02-04. Mr. Barton stated that Council needs to step back and take time – he stated that we don’t need an emergency. Mr. Barton stated that things should be done over time and done right. He ended by stating that they need to let the community decide – not seven people. 

Dan Bellman, 320 North Pearl Street, stated that he is in support of Ordinance No. 02-04. Mr. Bellman stated that what Granville needs is high quality businesses that bring a high tax base, but low traffic. Mr. Bellman stated that he was a bit suspicious of some of mentioned tax revenue by Mr. Sheldon, and he has been suspicious of information received by them in the past. Mr. Bellman stated that when looking at taxes you need to look at property taxes and income taxes. He stated that it is pretty intuitive that the income tax generated by a sixteen year old part time worker is going to be less than that of a physician, lab technician, or dentist. He stated that businesses like that in Erinwood are the best types of facilities are perfect revenue generators, and have the least impact on surrounding residents. Mr. Bellman stated that he feels property values could be affected if the Ordinance does not pass, which would also have a negative affect on school taxes. He stated that if a fast food restaurant were to be built it would reduce the value of a $300,000/ $400,000 home in Erinwood if the property owners could smell hamburgers at their house and have to deal with the traffic complications. Mr. Bellman stated that its easy for some to say that this intersection is the appropriate place for development. He stated that our community has stated that they don’t want terrible traffic congestion like that of Pickerington or Brice Road. He stated that there appears to be an organized group in attendance tonight to show their disapproval for the Ordinance, but to keep in mind that the majority of Granville has already spoken that they do not want high traffic businesses (along with the congestion) in Granville. Mr. Bellman stated that in terms of traffic Wendy’s generates 2000 trips per day. He went on to say that Council has already spent over $400,000 to widen and make improvements to the south side of Cherry Valley Road. He stated that the first two or three or four businesses are going to consume all the capacity that we spent over $400,000 to build. He stated that if quality of life is desired, that cost is simply too high. Mr. Bellman also stated that in the Streets and Sidewalk it was stated that by having low traffic businesses in the PCD, Doyle Clear believes there will be traffic problems even with the road structure remaining as it is. 

Ben Barton stated that Mr. Bellman doesn’t speak for all of Granville, and he speaks for no one that he knows. He stated that when Mr. Bellman spoke of what Granville wants and needs he is making a one man wrecking ball statement. Mr. Barton stated that Mr. Bellman is wrong when he eluded that there is a coalition of people in opposition here tonight and that he spoke with no one prior to coming to the meeting. Mr. Barton stated that he still remembers seven years ago when there was the issue of the Paramount building (when Mr. Bellman was on Council) and when millions in tax revenue could have been generated. He stated that this was shoved aside because it was too big and the wrong this and the wrong that, and Mr. Bellman didn’t allow it as a Councilmember. Mr. Barton stated that he “implores Council to step back and take their time on this.” 

Dan Bellman, North Pearl Street, stated that Mr. Barton’s statements in regards to the Paramount building “are a fabrication.” He stated that he is able to produce files to prove otherwise and that everything with Paramount was approved by the Planning Commission, but never reached Council because they bought the Dow facility. 

Ron Sheldon stated that the only collusion he had of tonights meeting was by the other school board members, and he again stated that before Council enacts the Ordinance they need to have a strong plan in place for attracting a more limited scope of businesses in greater numbers and that would best serve our village, township, and schools.

Tim Riffle asked Council where the last development in Granville took place. He stated that it was ten years ago with the Erinwood complex. He stated to Council that no one is “beating down their door to put offices in Granville.” He also said that Arby’s and SuperAmerica were already in the process of seeking approval and that this Ordinance would have no affect on them. 

Barbara Hammond stated that the projected growth for our area by 2030 is about 55,000 people. She stated that there is no way to stop or control traffic. Ms. Hammond stated that “this governing community is not at all business friendly.” 

Pat Moller stated that she and her husband own a business in the Erinwood complex. She stated that she and her employees enjoy the fact that there is a fast food restaurant nearby and they would welcome more choices. As for the smell, Ms. Moller stated that that smell of hamburgers is more preferable to her than the smell of the mill by the IGA. 

Barbara Franks, 210 East Maple/121 South Prospect, stated that in every direction you look there are houses being built around Granville. She stated that the “retail business in this town stinks.” Ms. Franks stated that Council is not giving people enough options by passing this Ordinance. Ms. Franks stated that with this Ordinance, Council is telling the people they have to go to Taylor Drug Store – one fast food restaurant – and the choice of a couple gas stations. She asked Council how they have the right to do this. Ms. Franks also stated that this is “elitist to the max and that Granville is a great place to live – it’s been a great town for 200 years – you people don’t have to fix it.” 

Steve Mershon, 405 East College Street, stated that he wanted to thank Council for this Ordinance because it opened up discussion. He stated that we enjoy a participatory democracy. He stated that he was however bothered by the Ordinance’s late introduction, and that had it not been for Councilmember Barsky’s absence at the last Council meeting, it would have already passed. Mr. Mershon asked why it was an emergency, and that by being an emergency it would take away the people’s right for referendum. Mr. Mershon suggested that Council step back and get a larger involvement from the community. He suggested having the Planning Commission give their expertise. 

Mayor Robertson stated that clearly people feel passionately about their feelings in this issue. She stated that there are two sides and she invites everyone to hear Council’s discussion on this matter later on the agenda. Mayor Robertson also stated that we should not let this issue damage our sense of community even though we may not all agree. 

 Mayor Robertson closed the Public Hearing at 8:24 pm. 

NEW BUSINESS (8:25 pm) Notice of Appeal – An appeal hearing was scheduled for March 17th Council meeting to hear the appeal submitted by Mr. Gilbert Krone regarding the Planning Commissions Application No. 04-010, Genesis Land Development LLC at Milner Road, Granville. 

 Resolution No. 04-16, Amended and Restated Resolution Of The Council Of The Village Of Granville Of Licking County, Ohio was introduced by Councilmember Barsky. Second by Vice Mayor Crais. 

Discussion: Housekeeping matter that will allow for continuation and save staff members money. 

Motion carried (7-0). Resolution No. 04-16 is adopted.

 Resolution No. 04-17, A Resolution To Award The Bid For Miscellaneous Storm Sewer Improvements, As Per Specifications, To L.E. King And Sons And To Authorize The Village Manager To Enter Into An Agreement Therefore was introduced by Councilmember Main. Second by Vice Mayor Crais. 

Discussion: Councilmember Main stated that this was discussed/recommended at the Streets and Sidewalks committee.

Motion carried (7-0). Resolution No. 04-17 is adopted.

 Resolution No. 04-18, A Resolution To Award The Bid For Miscellaneous Storm Sewer Improvements At Bryn Du, As Per Specifications, To TL Services And To Authorize The Village Manager To Enter Into An Agreement Therefore was introduced by Councilmember O’Keefe. Second by Councilmember Barsky. 

Discussion: None.

Motion carried (7-0). Resolution No. 04-18 is adopted.

 Resolution No. 04-19, A Resolution To Create The Granville Cultural Arts Commission (GCAC) was introduced by Vice Mayor Crais. Second by Councilmember Herman.

Discussion: Vice Mayor Crais offered the following friendly amendment: Change from “The Granville Cultural Arts Commission” to “Granville Arts Commission.”

Councilmember O’Keefe offered the following friendly amendment: In Section IV change “lead” to “led.”

Vice Mayor Crais stated that Melissa Obenauf suggested that they may want to change the name because the Greater Columbus Arts Council (GCAC) has the same acronym. 

Councilmember O’Keefe stated that this is good for the community and at no cost to the community. She stated that it will add to the quality of life. 

Councilmember Herman stated that the committee desired to create an arts commission and found that there were five similar such commissions in the central Ohio area and elsewhere. He stated that they looked at how these commissions were organized and governed. Councilmember Herman stated that the commission would be made up of nine members, and appointed by Council. The members would include Granville Trustees, Granville Chamber of Commerce, the Granville Historical Society, Bryn Du Governing Committee, Rec Commission, Granville Foundation, as well as some others. He stated that they would need to set up their own rules, and Council didn’t feel comfortable micromanaging the commission. He stated that $10,000 has been potentially allocated for the purpose of cultural arts if the mechanisms were put into place.

Councilmember Main asked how they will go about getting their money. Councilmember Herman stated that it would be set up much like the Bicentennial Commission. 

Motion carried (7-0). Resolution No. 04-19 is adopted.

 OLD BUSINESS Ordinance No. 02-04, To Amend Section s 1171.02, 1171.03, 1171.04 Of The Codified Ordinances Of The Village Of Granville, Ohio To Modernize And Revise The Planned Commercial District Zoning Provisions Of The Village Of Granville, To Prohibit Fast-Food Restaurants In A PCD, And To Ensure That Approval Of A PCD Development Plan By Village Council Is Subject To Referendum, And To Declare An Emergency was reintroduced by Vice Mayor Crais. Second by Councilmember Barsky. 

Discussion: Mayor Robertson asked Assistant Law Director Gorry to give a synopsis of how Council came about drafting this Ordinance. 

Assistant Law Director Gorry stated that issues in the language needed to be resolved and that on pages 3 thru 11 there are what they refer to as the boxes with stricken language. He stated that language in these boxes were at one time mandatory zoning requirements. However, several years ago Council amended this section and made these not mandatory, but rather guidelines that the Planning Commission could look at. He stated that there is no point in having this language in the code. He stated that dozens of variances are needed for a development plan from BZBA with the current set up and that this Ordinance is an attempt to eliminate that need. He stated that with this language the zoning is so restrictive you can’t plan; It was not flexible. Mr. Gorry that with the current SuperAmerica case, the court of appeals ruled that these non-mandatory zoning requirements were administrative and made the approval of a development plan administrative, rather than legislative. Mr. Gorry stated that they are recommending that these boxes be removed from the code, which is what should have been done two years ago. 

 Councilmember Herman stated that one thing he was committed to do when he was elected to Council was to look at things on a factual basis instead of generalizations or suppositions. He stated that in his job with the State of Ohio, he is responsible for looking at state and private partnerships and revenues for a high yield business. He stated that with the example of Wendy’s they take in the range of around $14,000 that goes to the schools. He stated that with the mentioned $7800 per pupil it doesn’t take much to figure out that Wendy’s supports less than two pupils. He stated that the second issue concerning the traffic impact has been looked at when he was on BZBA. He stated that most of the new traffic has been generated by that business (Wendy’s). Councilmember Herman stated that the village spent $440,000 for Cherry Valley road improvements and this represents 25% of the village’s annual income taxes.

Councilmember Hartfield asked Councilmember Herman what type of business he suggests go at the Cherry Valley road intersection. Councilmember Herman stated any of the other 73+ businesses mentioned in the Ordinance. 

Councilmember Hartfield stated that “road improvements to Cherry Valley Road were done for our own residents, and not for people going to get a hamburger.” She stated that traffic is generated mainly by our own residents. She stated that at the last Council meeting she mentioned to Mayor Robertson that Wendy’s is not open at 8:00 am when there is a lot of traffic at this intersection. 

Councilmember Herman asked if Wendy’s wasn’t there, would we have spent the $440,000 in road improvements. Councilmember Hartfield stated yes because there are so many homes in that area.

Mayor Robertson stated that when she received the letter from Ron Sheldon, of the school board, she emailed him back. She also distributed a chart to Council depicting taxes and traffic of area businesses on Cherry Value Road. She stated that she is not Wendy’s bashing, but it is a business located there with numbers to tie to it. Mayor Robertson stated that it costs us more than its worth. She stated that Wendy’s is responsible for 40% of the traffic. Mayor Robertson stated that Council’s decision won’t be based on taxes provided, but rather what the infrastructure can provide as far as traffic. HANDOUT Mayor Robertson stated that she tested what Councilmember Hartfield said at the last meeting regarding Wendy’s.

Councilmember Hartfield stated that at 8am Wendy’s isn’t even open and the infrastructure was not broken down because of Wendy’s. She stated that it was changed because a signal needed changed and the east to west flow of traffic. Councilmember Hartfield also stated that she believed the assignment of costs provided on Mayor Robertson’s handout is inaccurate. Councilmember Hartfield stated that the journey of 1000 miles begins with one step. 

Councilmember O’Keefe asked why we have businesses. Is it to increase jobs, or income for the community. She asked what is the positive affect on drive thru establishments for our community. Councilmember O’Keefe stated that she too is concerned that this intersection will become like Pickerington and Brice Road. Moreover, Councilmember O’Keefe stated that with all the fast food restaurants in Pickerington, they still have problems funding their schools. Councilmember O’Keefe stated that she is not convinced unless someone provides her with more information. She stated that she would be willing to head up a task force to address these issues.

Council was unclear if the $440,000 Cherry Valley road improvement costs consisted entirely of village funds. Councilmember Herman later asked Manager Hickman (who arrived later in the evening) to clarify. Manager Hickman stated that part of the monies (approximately $198,000) were grant monies from the State. Mayor Robertson stated that this grant money was also tax pay dollars. 

Councilmember Main stated that it is important to have services for people passing through the area. He went on to say that we could have a plan - or have the Planning Commission make a development plan for the entire Cherry Valley area, but in doing that we leave out the property owners. He asked where we (Council) get off telling the property owners what they can and cannot do with their property. Councilmember Main stated that ideally we would benefit from having nothing at all out there. He went on to say that all zoning is a restriction and infringement on the property owners rights. He also stated that we have to have it though. 

Councilmember O’Keefe stated that people purchase property as “speculators.” 

Mayor Robertson asked Assistant Attorney Jim Gorry to address the legality issues involved with rezoning.

Assistant Attorney Gorry stated that in his opinion it is legal to rezone the property – and the Supreme Court has ruled the same in such matters in the past. 

Councilmember Hartfield stated that this is not all about hamburgers and fast food restaurants, but rather the reputation the village has of seeming unapproachable and inflexible. She stated that this is the perception the village has in the business community and that Council’s actions should stand behind their words. 

Vice Mayor Crais stated that one intention of the Ordinance was to take the code and stream line it. He stated that this Ordinance allows for more clarity and simplification. Vice Mayor Crais stated that they have drafted an Ordinance that is more business friendly, has a clearer set of mechanisms, and is straight-forward without the endless hoops. Vice Mayor Crais stated that if you forget about the fast food and drive thru issues and carefully read the Ordinance it is better for the business community. Vice Mayor Crais stated that the main controversy seems to be the provisions around drive thrus and fast food. He stated that with this it is clear that Wendy’s produces $14,000 in school revenues – which provides for less than two students at $7800 per pupil. Vice Mayor Crais stated that it is clear by definition fast food and drive thrus are heavy on infrastructure and infrastructure comes directly out of taxpayers pockets. He also stated that the kinds of zoning can have an impact on surrounding properties. Vice Mayor Crais stated that fast food will depress property values in surrounding areas and there is a high probability for negative impact. He stated that these property values have an impact on our school system. Vice Mayor Crais stated he feels the controversy is due to the clarity of the Ordinance because it is clear on what we want and what we don’t want. 

Mayor Robertson stated that she was on the Planning Commission when the Certified gas station came with there first proposal. She stated that the Planning Commission said no thank you – we are looking for something different. Mayor Robertson stated that afterwards they came back with something very different and nicer. In this case, Mayor Robertson stated the process worked rather well. 

Councilmember Herman stated that the discussion needs to move on affirmative ways on what would be good for this area. 

Councilmember Barsky stated that an owner of a $300,000 home pays roughly $4000 in taxes per year. She stated that with a home housing two children, this does not sustain the $7800 needed per pupil. Councilmember Barsky stated that we need to go after businesses actively that can provide more tax revenue for the schools. Councilmember Barsky stated that with 50% feedback on the Comprehensive Plan – 80% defined the types of businesses NOT desired. Some of them were shopping malls, convenient stores, manufacturing and distribution centers. Councilmember Barsky stated that this was both village and township residents. Moreover, Councilmember Barsky stated that the Comprehensive Plan Review was consistent with the 1998 plan. Councilmember Barsky stated that there are three businesses they do not particularly want, but there are also 75+ that we do want. She went on to say that this Ordinance will stream-line attempts that have gone through BZBA in the past. 

Mayor Robertson stated that the application put in by Arby’s will not be affected by this Ordinance because their application was filed before this Ordinance. 

Councilmember Hartfield stated that she understands the facts around the law directors suggestions and recommendations concerning the code. She stated that she felt this was much broader than fast food. She stated that she does have a hard time understanding why no gas stations or no drug stores. Councilmember Hartfield stated she hopes the best for Taylor’s, but wondered where Council has the right to say that no other drug store should come in. 

Mayor Robertson stated she would have no problem inserting “drug stores” back in.

Councilmember Hartfield moved to amend Ordinance No. 02-04 and insert “drug stores” back in which would allow them to be included as part of a PCD plan. Second by Councilmember Barsky.

Councilmember Herman stated that he would be in support of this.

Councilmember O’Keefe stated she would be in support as well. She stated she was unsure why it was put in there. 

Councilmember Main stated that the square footage requirements in the code would preclude large chain drug stores as we know them. He stated he would be in support of this amendment. 

7 Yeas – 0 Nays

Councilmember Main moved to amend the title to include “and gas stations” after fast food restaurants. Second by Councilmember Barsky. Councilmember Main stated that this would simply make the title more accurate. 

7 Yeas – 0 Nays

Councilmember O’Keefe proposed adding that alcoholic beverage drive thru’s be prohibited. 

Assistant Attorney Gorry stated he would need to further research this proposal and its impacts, but did not want to discourage Councilmember O’Keefe from proposing it if she desired. 

Vice Mayor Crais stated that he asks Councilmember O’Keefe to not propose such an amendment. 

Councilmember O’Keefe withdrew her proposed amendment. 

Councilmember Main asked if the law currently prohibits so called “nuisance businesses,” such as strip bars, adult books stores, etc. He asked if the Ordinance talks in terms of what is wanted and not wanted, should these types of businesses be included. 

Assistant Attorney Gorry stated that it is possible and this could be looked at as well. 

Councilmember Main stated that he wondered who would make decisions like parking spaces. He stated that for example if he moved his existing business to this PCD, he would be allotted 12.5 parking spaces under the old provisions. He stated that this would clearly not be enough. He stated that some points appear rather vague and he wondered who would make these types of decisions. 

Assistant Attorney Gorry stated that on page 5, in the boxes there were detailed parking requirements. Two years ago these requirements changed from mandatory to optional. Mr. Gorry stated that this has changed from no flexibility in a PCD to maximum flexibility in the new Ordinance, which is suggested. 

Vice Mayor Crais stated that in regards to Referendum there was a discussion about Bob Evans at the last Council meeting and is the right to Referendum bad for business. Vice Mayor Crais stated that we should not fear participatory democracy. Vice Mayor Crais stated that when Bob Evans came in there was controversy. He stated that it was put on the ballot to vote up or down and it was voted up by a slight majority. He stated that this ended the need for endless multi-year litigation. Vice Mayor Crais stated that in many respects the right to Referendum provides clarity of the process and serves citizens well. 

Vice Mayor Crais asked Assistant Attorney Gorry to speak in regards to the suggested need for the emergency clause.

Assistant Attorney Gorry stated that the law department requested this in removing the stricken boxed language in Ordinance No. 02-04. He stated that this is important, but not critical. 

Mayor Robertson asked if this new Ordinance could open the village up to litigation, as was suggested in public comments this evening. 

Assistant Attorney Gorry stated that he did not agree with this and that the village would not be at such risk. He felt that there is simply no need to leave the boxes there and if they remain this could be reason to open up for litigation. 

Councilmember Herman asked what the legal implications are in not acting as an emergency.

Assistant Attorney Gorry stated that our position is that this is legislative although one court decision (concerning SuperAmerica) states administrative because of the boxes. Assistant Attorney states it is their position to just remove the boxes. 

Councilmember Herman asked what the impact financially would be by removing the emergency clause.

Assistant Attorney Gorry stated that removing the emergency clause would not cause any damage to the village.

Councilmember Main stated that Vice Mayor Crais remarked that citizens have the right to Referendum, but if this Ordinance is passed as an emergency it is not referendable. 

Assistant Attorney Gorry stated that it would be the legal departments preference to have it pass, even if it’s not as an emergency. 

Councilmember Main stated that he would like to see the emergency clause removed. 

Councilmember Barsky moved to remove the emergency clause in Ordinance No. 02-04. Second by Vice Mayor Crais. Councilmember Barsky noted that this would allow the Ordinance to be referendable and effective in thirty days. 

Mayor Robertson stated that she sees two points from their discussion. The first being to set up a task force to study fast food and the second to find ways for Council to work with the Chamber of Commerce. She stated that better contact and better understanding is needed. 

Councilmember Herman stated that he has been in contact with the Chamber and is working on this. 

Vice Mayor Crais suggested that Council needs to proactively knock on doors to bring new businesses to Granville. 

Councilmember Barsky stated that we also need to address taxes generated by businesses and be sure we have numbers that are correct and in agreement with the school district and Chamber. For example, she stated that she received information from the Licking County Auditor’s website on the tax generated from Bob Evans and wondered if it was correct. 

Mayor Robertson asked for a roll call vote. 

Roll call vote: Crais, Barsky, Hartfield (no), Herman, Main (no), O’Keefe, Robertson, (5-2) Motion carried. Ordinance No. 02-04 is adopted. 

 Vice Mayor Crais made a motion to remove (Amended) Resolution No. 04-14, A Resolution To Create A Bryn Du Governance Commission from the table. Second by Councilmember Barsky.

Discussion: Mayor Robertson stated that the Resolution does not specify an length of term, which she felt was needed. Councilmember Hartfield asked if the Commission should determine this, much like the Bicentennial Commission is run without Council micro-managing. Mayor Robertson stated that this Commission will be different because it is hoped it will be in existence for many many years. Councilmember Main suggested staggering the terms. 

Councilmember Main moved to amend with the following amendment: 3 members shall have a one year term. 2 members shall have a two year term. 2 members shall have a three year term. Second by Vice Mayor Crais.

Vice Mayor Crais asked if names put forward should have to provide a disclosure statement. Councilmember Hartfield stated that she didn’t feel this would be appropriate. Assistant Attorney Gorry stated that since Council does not provide this information, he wouldn’t see it necessary for members of the commission to. 

Vice Mayor Crais asked what would happen if a member of the commission resigned. Assistant Attorney Gorry stated that that person would be reappointed by the body that appointed him/her under Section 5. 

Councilmember O’Keefe asked what if an appointee were to have economic benefit by being on the board. Assistant Attorney Gorry stated that that person could recuze themselves, or could possibly be voted off the commission. 

Motion carried (6-0). Resolution No. 04-04 is adopted.

 

REVIEW OF MINUTES Regularly Scheduled Meeting of January 21, 2004 Councilmember Main moved to adopt the minutes as amended. Second by Vice Mayor Crais. Council was told that the Trustees did not respond with any changes to these minutes. Motion carried, 7-0. 

Regularly Scheduled Meeting of February 18, 2004 Councilmember Main moved to table the minutes of February 18, 2004. Second by Councilmember Hartfield. Motion carried, 7-0. 

 COMMITTEE REPORTS Light, Safety, Sts/Sidewalks & Utility Committee Economic, Finance, Personnel Committee Planning & Zoning Committee Union Cemetery Planning Commission 

OTHER COUNCIL MATTERS Mayor Robertson urged Council to remember food for the food pantry. 

EXECUTIVE SESSION Vice Mayor Crais moved to enter into Executive Session “Pursuant to ORC 121.22(G)(3) – Conference with an attorney for the public body concerning disputes involving the public body that are the subject of pending and imminent court action (Speedway/SuperAmerica). Second by Councilmember Main. Roll Call Vote: Crais, Hartfield, Herman, Main, O’Keefe, Robertson, Barsky. Motion carried (7-0).

Time in: 10:43 pm

Vice Mayor Crais moved to return to regular session. Councilmember O’Keefe second. 

Roll Call Vote: Hartfield, Herman, O’Keefe, Main, Robertson, Barsky, Crais. Motion carried (7-0).

Time out: 11:10 pm Council returned to regular session. 

ADJOURNMENT At 11:10 pm, Vice Mayor Crais moved to adjourn the meeting. Second by Councilmember Hartfield. Motion carried, 7-0. Meeting adjourned. 

 Submitted by Melanie Schott 

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