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.
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