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.
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