Granville Community Calendar

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 

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