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.
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