VILLAGE OF GRANVILLE
February 4, 2004
CALL TO ORDER (by Mayor Robertson at 7:33 pm)
PLEDGE OF ALLEGIANCE
Those responding to the roll call were
Councilmembers Barsky, Hartfield, Herman, O’Keefe, and
Vice Mayor Crais, Mayor Robertson, Law Director Crites and
Vice Mayor Crais made a motion to excuse
Councilmember Main. Councilmember Hartfield second.
APPROVAL OF AGENDA (7:35 pm)
Councilmember Barsky moved to approve the agenda,
seconded by Vice Mayor Crais. Motion carried.
CITIZENS’ COMMENTS (7:35 pm)
Denison University Recycling Program Chris Seigel, Slayter
Box 2290, and Ana Howrani, Slayter Box 1104, spoke in
regards to Denison University’s Recycling Program (DRRP).
Ana Howrani’s spoke in regards to a new building Denison
has acquired for recycling items such as work papers,
glass, cardboard, tin, plastics 1 and 2, newspaper, and
magazines. She stated that the program is being funded by
a grant from the Solid Waste District. Ms. Howrani stated
that Denison used to have a recycling program that has not
been up and running for the past couple of years. She
stated that this new program will be different from the
old because it is institutionalized and will include one
part-time position. She stated that the program is also
in need of volunteers from the community. Ms. Howrani
stated that the program will be open to village and
township residents and that there would be a drop off
Councilmember O’Keefe asked what the difference was in
their program compared to the Licking County program. Ms.
Howrani stated that they are somewhat working with the
Licking County program and that the Denison facility would
be the designated drop off for the village. She went on
to say that their materials will go to SBC and their
program will take glass, unlike the Licking County
Ms. Howrani stated that they may have a specific need for
volunteers in the summer because students are gone. She
stated that this need all depends on how much recycling
material they receive.
Vice Mayor Crais asked if this information about recycling
could be displayed on the water/sewer bill. Manager
Hickman stated yes. Councilmember Herman added that it
could be included on the website as well. Councilmember
Herman also stated that it would be helpful if they could
provide some parameters (in writing) of their specific
needs on seeking volunteers, contact information, and
where people can go to recycle their material. He went on
to say that they may be successful getting volunteers by
providing information around town; He suggested the
Farmer’s Market. Ms. Howrani stated that they could
provide the details of the program as well as their
Ms. Howrani ended her comments by stating that the
building would not be available for use for one more
month. She stated that it is their hopes to have a ribbon
cutting ceremony, with Mayor Robertson, when the building
is ready for use.
Mayor Robertson stated that the grand opening information
can certainly be made available online by working with the
village manager. Moreover, she stated that she didn’t see
the recruitment of volunteers being too hard because there
was quite a contingent group of people willing to serve at
the former recycling center near the IGA. She also stated
that she thought this new program was terrific and wanted
to thank them for speaking to Council this evening.
Mayor Robertson spoke in regards to two
messages/announcements she received. The first was from
Abram Kaplan, Denison University. Mr. Kaplan wanted to
make Council aware of a meeting on the Walkability study
and pathway options for Burg and New Burg streets. The
meeting is scheduled for Thursday, February 12, 04 at 7:00
pm at Barney Davis Hall – Denison University – Room 110.
Parking is available in the garage and this meeting is
open to the public. Mayor Robertson gave this information
to Manager Hickman and asked that it be made available
The second message to Council was from Dr. Trudy Knox in
regards to the Farmer’s Market. Dr. Knox wished to have a
meeting to address issues regarding location, setup, and
procedures that could include discussions with planners,
citizens, and producers. Councilmember Hartfield stated
that Council really doesn’t plan these type of issues.
She stated that there would be a meeting with members from
the Chamber of Commerce that she planned to attend. Mayor
Robertson asked if the meeting was open to the public and
could Councilmember Hartfield make Dr. Knox aware of the
meeting date and time. Councilmember Hartfield stated
that she couldn’t see any reason why the public couldn’t
attend the meeting and she would get information to Dr.
Dan Bellman, 320 North Pearl Street, spoke in regards to
Ordinance No. 01-04 on the agenda this evening. Mr.
Bellman passed out a version of this Ordinance that he
said perhaps takes a different approach. He stated that
when reading the decision handed down by the courts today,
he believes Council has a choice to move in one of two
directions. The first being that Council would have to
choose that the statute be written in a way that the
courts find it to be a legislative act and the second
being to choose the detail from the 2001 version. He
stated that he knows many on Council would prefer this to
be looked at as a legislative act, especially because
Granville is one of the most active democracies around.
He stated that there has always been a preface to give the
citizens a final vote. However, when faced with this
choice, Mr. Bellman stated that he believes Council should
give up on trying to guess what any of the courts are
going to decide. He stated that every time this issue
comes up there is a good chance that Judge Sparr’s
decision will get overturned. He stated that in the past
decisions have gone different ways. Mr. Bellman stated
that it is much better for Council to say what they mean
and not try to guess or design their statutes to create
that legislative result. He stated that he has read the
comprehensive plan and the 1998 plan resulted from a
citizens movement that turned into a comprehensive review
committee to keep Granville what the citizens knew and
loved. Mr. Bellman stated that there is an exhibit F in
the Comprehensive Plan from 1998 and modified in May of
2001. He suggested going back to the version prior to the
May of 2001 modification. Mr. Bellman stated that he
appreciated the law director’s approach on this issue,
especially if Council was opting to take make this
legislative, however he feels the stakes are too high to
do that and opts for the detail and not trying to guess
what courts are going to go with this.
Mayor Robertson closed citizens’ comments at 7:55 pm.
NEW BUSINESS (7:55 pm)
Resolution No. 04-13, A Resolution To Adopt The
Countywide All Natural Hazards Mitigation Plan (CANHMP)
For Licking County was introduced by Vice Mayor Crais.
Second by Councilmember
Discussion: Jim Mickey, Environmental Planner for Licking
County, spoke to Council in regards to developing a
working document by researching and planning for future
natural hazards and implementing appropriate mitigations
techniques that all of Licking County can utilize to save
lives and protect property. He stated that the five main
disasters looked at included: droughts, earthquakes,
tornadoes, flooding, and severe storms. Mr. Mickey stated
that by having this document in place, it will allow for
the county and other jurisdictions to apply for federal
funding to do some of the projects in the plan, such as
pre-disaster mitigation funding.
Jeff Walker, Director of Emergency Management for Licking
County, spoke to Council and thanked them for their
efforts in purchasing four new severe weather sirens. He
also stated that Chief Steve Cartnal’s participation is
much appreciated because it allowed Granville to be a part
of the grant monies. Mr. Walker stated that they will
continue to work toward the goals in the book and this is
not a static document. He went on to say that at times
they will come back to Council and ask them to accept
updates and so froth.
Mr. Mickey stated that they are also working with the
State of Ohio on a project called Fire Wise Ohio. He
stated that they are working on mapping out areas where
fires can be more severe.
Councilmember O’Keefe asked how CANHMP relates to homeland
security. Mr. Walker stated that they received $750,000
last year for homeland security. He stated that they are
under the homeland security umbrella and his agency has
been changed to “Office of Homeland Security and Emergency
Management.” He also stated that they are working on
training with CERT and Citizen Corp. Mr. Walker stated
that with some of the money they purchased protective
equipment for the police department.
Councilmember Barsky asked what sort of mitigation was
addressed in regards to flooding. Mr. Walker stated that
they are working with ODNR (Ohio Department of Natural
Resources) and creating one county wide digital map. He
also stated that they are searching areas for log jams.
Mr. Walker stated that there was a meeting held in Heath
in regards to widening a channel at Buckeye Lake, which
could reduce flooding dangers.
Councilmember O’Keefe asked if the document would be made
available to the municipalities. Mr. Walker stated that a
paper copy and CD is with Chief Cartnal, but he could
provide another CD if needed. He also stated that it is
available on their website.
Mr. Mickey stated that if the Resolution were to pass
tonight, he would need two copies.
Motion carried (6-0). Resolution No. 04-13 is adopted.
Resolution No. 04-14, A Resolution To Create A
Bryn Du Governance Committee was introduced by Vice Mayor
Crais. Second by Councilmember
Discussion: Council discussed some concerns they had with
the Resolution. Vice Mayor Crais stated he had some
concern over the consultant’s recommendations on the
governance. He suggested adding two more representatives
from the village since this is a village owned property.
Councilmember Hartfield stated she wasn’t sure she
understood the concern and asked what the difference from
seven to nine would be. Vice Mayor Crais stated that it
would allow for more representation from the village and
give them more of a voice. Councilmember Hartfield asked
if Vice Mayor Crais thought that this might not reflect
the community as a whole - if the village number is
greater - and does this boil down to voting rights. She
went on to say that she thought anything major would be
decided by Council, and the Commission would recommend
things. Vice Mayor Crais stated that he believed it
reflects the overwhelming commitment by the people of
Granville by their willingness to pay. Councilmember
O’Keefe asked if decisions need to be approved by
Council. Mayor Robertson stated that the Bryn Du
Committee recommended an independent governance to handle
decisions. For example, the way this has been conceived
is that if the Commission received funds and wanted to
build on to “building x” they could. Moreover, she stated
that these recommendations (for a governance) came because
they were impressed at how things were handled at Oglebay
Park in Wheeling, West Virginia. She stated that Oglebay
is owned by the city of Wheeling and the current set-up
allows for things to be taken out of the political realm,
so people wouldn’t be campaigning for this or that. She
stated that they (Oglebay) have been successful because of
this separation and this proposal is an attempt to do that.
Mayor Robertson stated that she did not believe anything
should be done with this Resolution until it has been
discussed under Old Business and that didn’t mean it had
to be done tonight.
Councilmember Barsky stated that as she looked at the
makeup of the Commission, she saw that people who would be
impacted had no say. For example, the people in Erinwood
and Bryn Du; She stated that the Bryn Du property is in
their backyard. Councilmember Barsky felt that there
needed to be clearer representation by the people who live
It was unclear if any new building structures would need
to go to the Planning Commission. Manager Hickman
believed that technically (because the property is village
owned) new building structures would not have to go to the
Planning Commission. However, the village would not be
making any expenditures without Council’s approval.
Councilmember Barsky asked what if Council didn’t provide
the funds, but Commission raised money on their own, could
they theoretically build on the Bryn Du property.
Law Director Crites stated that it was his understanding
that the Council was going to create this Commission by
the authority set forth in the Charter. He stated they
needed to address the fact that this would be a Council-
created committee/commission and could be subject to
public meeting laws and public records laws. Moreover,
he read language in the Charter that affirmed arguably
funds raised by the Commission could be considered public
funds. Law Director Crites stated that these were all
issues that needed to be further researched. He went on
to say that there could be appointments and terminations
of members on the Commission.
Vice Mayor Crais asked how terminations might work when
for instance the Trustees make a recommendation. Law
Director Crites stated that he didn’t want to say that
they couldn’t be addressed, but he would need to further
look into such things. He suggested that issues need to
be looked at through a legal standpoint and suggested
delaying action on the Resolution.
Councilmember O’Keefe asked Law Director Crites if he was
saying that because the Commission would be Council-
created, it would be possible for Council to terminate a
Commission member even if they were appointed by someone
else. Law Director Crites read aloud language in the
Charter stating that Council-made committees could have
members appointed or terminated. Mayor Robertson stated
that it didn’t look like there could be the same
separation that Wheeling was able to create in Oglebay.
Law Director Crites stated that he would need to further
look into how Oglebay is setup. He was unsure if Wheeling
had Charter cities and how their constitution is, and
perhaps if there was a provision that allowed for
differences. Furthermore, he stated that he did not want
to say that this could not happen, but they needed to be
methodical on these issues.
Mayor Robertson agreed with the law director.
Vice Mayor Crais suggested tabling the Resolution.
Vice Mayor Crais moved to table Resolution No. 04-14.
Second by Councilmember O’Keefe.
Motion carried (6-0). Resolution No. 04-14 is tabled.
Councilmember Herman 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
Vice Mayor Crais.
Roll Call Vote: Crais, Hartfield, Herman,
O’Keefe, Robertson, Barsky. Motion carried (6-0).
Time in: 8:22 pm
Law Director Crites advised Council on the
progress of a pending lawsuit with Speedway/SuperAmerica.
Council unanimously moved to return to regular session.
Roll Call Vote: Hartfield, Herman, O’Keefe,
Robertson, Barsky, Crais. Motion carried (6-0).
Time out: 9:15 pm
Council returned to regular session.
NEW BUSINESS (Continued)
Ordinance No. 01-04, An Ordinance To Amend
Sections 1171.03 And 1171.04(a) Of The Codified Ordinances
Of The Village Of Granville, Ohio, And To Declare An
Emergency was introduced by Vice Mayor Crais. Second by
Discussion: Councilmember Barsky moved to withdraw
Ordinance No. 01-04. Councilmembers Barsky, Herman, and
O’Keefe all stated that they are uncomfortable with moving
forward due to the fact that they are new members to
Motion carried (6-0). Ordinance No. 01-04 is withdrawn.
Resolution No. 04-04, Establishing Community
Committees And Committee Liaisons was re-introduced by
Vice Mayor Crais. Second by Councilmember O’Keefe.
Discussion: Councilmember Barsky moved to amend with the
following friendly amendment: Second by Councilmember
In Section I, number 1. strike “(rather than “citizen-
Councilmember Barsky asked if the Committee Rules need to
be put back in the Resolution. After discussion, Law
Director Crites stated that it was fine in this Resolution
Motion carried (6-0). Resolution No. 04-04 is adopted.
Bryn Du Governance and Committee Recommendations -
Mayor Robertson stated that the report has been accepted,
but this does not necessarily mean that Council agrees
with everything in it.
Councilmember O’Keefe stated that the breakdown of the
Bryn Du Report is clear. Furthermore, she stated that it
doesn’t throw a big expense at the community. She stated
that she believes they did a super job at looking at all
of the buildings, the needs, and ways to raise funds
Vice Mayor Crais stated that he would like Finance
Director, Molly Roberts, to double check the monies coming
out of village funds and make sure it is all do-able. He
stated that he would like her to look at the worst case
scenario. He stated that the also has concerns on the
setup of the governance.
Councilmember Herman stated that on page 40 of the report
there is talk about setting up a 5013C with the various
nominees and didn’t know how that plays into the
discussion of who are the directors and what is their
relationship to Council and owners of the property.
Also….assets…insurance….etc. Councilmember Herman asked
how they should set up nominations. He cited language in
the Resolution that says nominees are “nominated and
consented to.” Councilmember Herman stated that there
needs to be talk on these types of issues.
Manager Hickman stated that the Resolution is meant as a
draft to work off of.
Councilmember Barsky stated that more clarity is needed
and the law director will need to do further background
work. Furthermore, she stated that it appears that Bryn
Du Committee had the Oglebay model in mind, but this
appears to not be possible.
Councilmember Herman stated that he hopes that whatever
momentum is there is not lost and would like to see
movement sooner rather than later.
Councilmember O’Keefe asked who would oversee
expenditures. She asked if the note includes any of the
funds needed. Manager Hickman stated that the monies for
the expenditures would need to come from the general fund
and are not included in the note.
Councilmember Barsky asked if the Township would be giving
money from their general fund.
Vice Mayor Crais stated that it is his hopes that Council
is not micromanaging the Commission once established. He
recommended that the Commission’s Charter come back to
Council for approval.
Councilmember Herman stated that ultimately he is
concerned about accountability.
Councilmember Barsky inquired about the Chamber of
Councilmember Hartfield stated that the Chamber of
Commerce has an interest in it as well as acting as a
watch dog of spending. She stated that if funds are not
handled properly, this could be scary and if they are
handled correctly – it can be a good thing. She stated
that she is aware of some concern with the Bryn Du
Committee’s cost estimates.
A gentleman present from the Chamber of Commerce who did
not state his name told Council that the hope is to
minimize costs and maximize income for the village,
township and possibly all of Licking County.
Councilmember O’Keefe asked if a committee should address
some of the said concerns.
Councilmember Herman suggested chartering an initial team
or “pre-committee” to establish guidelines and run these
guidelines by the Trustees and Chamber for their input.
Mayor Robertson asked if this would create more steps than
what is needed.
Vice Mayor Crais suggested having Law Director Crites
provide clarity on some broad principles and then move
forward with the first thing being to create a Charter.
He stated that Council could then sign off on the
Charter. Council agreed with this thought.
Councilmember Herman stated he could get some templates to
work by to Council, Law Director Crites, and Manager
Councilmember Hartfield stated that being as though there
was little interest in the opening for the Planning
Commission, Council should start to advertise for nominees
to serve on the Bryn Du Commission.
Manager Hickman stated that the Chamber of Commerce has
nominated Steve Mershon and Reed Fraley to serve on the
Mayor Robertson stated that this issue would be on the
agenda for the next meeting on February 18th.
Mayor Robertson asked Council how they felt about the
vision statement on the Bryn Du Committee report. Council
had no problems with the vision statement.
REVIEW OF MINUTES
Regularly Scheduled Meeting of January 21, 2004
Councilmember Herman moved to table the minutes as amended
until the Township Trustees have had an opportunity to
review for any changes. Second by Vice Mayor Crais.
Motion carried, 6-0.
Light, Safety, Sts/Sidewalks & Utility Committee
No Report because they are waiting on information back
from Manager Hickman.
Economic, Finance, Personnel Committee
Councilmember Herman asked that a member from Planning and
Zoning be available at their next meeting for overlap and
to provide some continuity. Councilmember Hartfield will
not be there because she has recuzed herself.
Councilmember Herman stated that the committee looked at
what the Council’s role might be in regards to the River
Road annexation. He stated that they have asked for a
fiscal analysis and the impact of extending sewer
initially and then water. He stated that they have also
asked Law Director Crites for costs affiliated with moving
forward with the annexation on River Road. Councilmember
Herman went on to say that the Law Director has informed
them that they are at least six months away from acting on
anything regarding an annexation. He also stated that
Chris Strayer has been very helpful with this process.
Councilmember O’Keefe asked if Council had any ideas or
suggestions for the committee. Vice Mayor Crais stated
that he would need to see more, but feels the committee is
going in the right direction.
Planning & Zoning Committee
Will meet on February 6 at 4:15.
No meeting due to inclement weather. Vice Mayor Crais
stated that he used to receive minutes for the Planning
Commission meetings, and it would be helpful to get them
again. Councilmember Barsky and Councilmember Herman
stated it would be nice to have them for BZBA as well.
Manager Hickman acknowledged this and stated that he could
arrange to have the minutes for Council.
OTHER COUNCIL MATTERS
Councilmember Barsky asked if anything could be done about
AEP’s job on trimming the trees. Manager Hickman stated
that PUCO is driving the trimming. He stated that
according to AEP, the number of complaints about outages
outweighs the number of complaints about the tree
trimming. Councilmember Barsky stated that they need to
push it to the limits because AEP is taking advantage.
Manager Hickman stated that he would try and have a
spokesperson from PUCO available to speak to Council.
Councilmember Barsky asked if the village could get
financial reimbursement. She stated that all of the older
trees are going to be non-existent. Moreover,
Councilmember Barsky asked Manager Hickman to contact
other municipalities and work together with them. She
stated that it would be nice to know if they were
experiencing the same types of problems with their trees.
Councilmember Barsky stated that she questions how many of
the power outages are due to down trees and not animals or
blown transformers. Manager Hickman stated that he would
check with AEP and try to get the geographical areas of
the outages. Vice Mayor Crais stated that AEP will not
work with the village staff on tree trimming.
Councilmember Hartfield stated that she thought at the
last meeting they agreed to work with the village.
Manager Hickman stated that they are cooperative to a
point. Councilmember Herman stated that there would be
stunning views of wires this summer due to the poor
trimming job. Councilmember Barsky also asked Manager
Hickman to see if representatives from other communities
might want to be present when PUCO is scheduled to
Mayor Robertson spoke in regards to a March 29th meeting
she was made aware of from Mark Guthrie, president of
Council in Newark. Attendees would include elected
officials from Granville, Heath, and Newark. It has been
suggested that these meetings take place twice a year on
the months that have a fifth Monday. The proposed time is
6:30pm. Mayor Robertson stated that this meeting is a
step in the right direction.
Manager Hickman stated that there would be a seminar for
newly elected Council members on March 27th.
Councilmember’s Barsky and O’Keefe stated that they plan
to attend. He also stated that the auditor has sent out a
questioner for the previous Councilmembers that he would
like to have back to him by Monday.
Vice Mayor Crais stated that he and Mayor Robertson
attended Mayor’s Court training on Friday and Saturday.
At 10:15 pm, Council unanimously moved to adjourn
the meeting. Motion carried, 6-0. Meeting adjourned.
VILLAGE OF GRANVILLE