Granville Community Calendar

Council Minutes 2/16/05


VILLAGE OF GRANVILLE
COUNCIL MINUTES
February 16, 2005

CALL TO ORDER (by Councilmember Hartfield 7:31pm)


PLEDGE OF ALLEGIANCE


ROLL CALL
 
    Those responding to the roll call were,
Councilmembers Barsky, Hartfield, OKeefe, Herman, Main;
Manager Hickman and Attorney James Gorry.  Motion carried.

Councilmember Barsky moved to excuse Mayor Robertson and
Vice Mayor Lucier.                       Second by
Councilmember Herman.
 
 
APPROVAL OF AGENDA (7:32 pm)
Councilmember OKeefe moved to amend the agenda by removing
Section 8 and Ordinance 05-06.  Manager Hickman stated
that there would be a public hearing, but the vote on
these Ordinances would likely happen at the March 2nd
meeting.   Councilmember Main second.   Motion carried.

 
CITIZENS COMMENTS (7:35 pm)
Brad Coleman, 383 Glyn Tawel, Granville, stated that he
feels in light of the recent state budget cuts, the money
spent on legal fees to appeal the Speedway court decision
could be better spent on higher priorities.   

Councilmember Hartfield closed public comments at 7:36 pm.

 
PUBLIC HEARING (7:36 pm)
    Ordinance No. 02-05, An Ordinance To Repeal
Section 521.10, To Amend Section 521.99, And To Enact
Sections 521.11, 521.12, 521.13, 521.14, 521.15, 521.16,
521.17, and 521.18 Of The Codified Ordinances Of The
Village Of Granville, Ohio.

Councilmember Hartfield asked that all comments be limited
to five minutes.  She later asked for individuals to limit
the number of times that they spoke to once.  
Councilmember Hartfield stated that Council will vote on
Ordinance No. 02-05 on March 2nd, and tonight is the
second public hearing on this issue.  

Brad Coleman, 383 Glyn Tawel, Granville, stated that he
has brought information to Council pertaining to his
comments at the last public hearing.  Mr. Coleman had
cited a study in Helena, Montana where a smoking ban was
in effect.  

Dan Bellman, 320 North Pearl Street, Granville, stated
that he thinks the smoking ban is a good idea.  Mr.
Bellman stated that he is a former smoker and he knows it
is a bad addiction, and he feels bad for people who cannot
quit.  Mr. Bellman stated that he has had members of his
family affected by harmful effects from smoking.  Mr.
Bellman stated that he likes the idea of the ban because
it prevents people who have chosen a healthier lifestyle
to not be exposed to cigarette smoke.  

Jeff Kurtz, 758 New Burg Street, Granville, stated that he
is against the smoking ban for three reasons.  Mr. Kurtz
stated that he agrees with Mr. Bellman on the remarks he
made in regards to the health issues.  He stated that
smoking is legal.  Mr. Kurtz stated that the business
owner should have a say in the matter.  He stated that
this is unnecessary legislation being imposed from
above.  Mr. Kurtz stated that this should be on a
Referendum to let the people decide.  Mr. Kurtz stated
that the last reason he is against the ban is because it
will cause more headaches in regards to overhead and
oversight when enforcing.   

Catherine Buxton, 371 Glyn Tawel, Granville, stated that
Council has received a lot of information in regards to
the smoking ban.  She stated that it is important to note
that some of it can be misinformation, and that the
tobacco industry has distributed information that is not
reliable and faulty.  She stated that the information
provided by the Lung and Heart Association, and Cancer
Society is simple to understand and it is based on facts.  
She stated that these organizations, unlike the tobacco
industry, have nothing to gain but a healthier America.  
Ms. Buxton stated that it is Councils responsibility to
pass this Ordinance.  

Kristin Darfus, Granvilla, stated that all of her smoking
patrons will be forced to walk across the street to
smoke.  She stated that one officer told her that anyone
throwing a cigarette on the ground would be fined.  Ms.
Darfus inquired on whether or not any concessions would be
made.  She stated that she wondered if making the
establishment smoke-free until 10:00 p.m. would work.  She
stated that she has worked with neighbors on issues and as
a result she doesnt allow bands to play in her
establishment and she doesnt have a deep fryer on the
premises.  Ms. Darfus stated that she has made a lot of
sacrifices, and she asked Council to please consider that
her establishment is a bar.  Ms. Darfus stated that 65% of
her sales are from alcohol, and that much of her business
comes from Denison University, and a large amount of them
dont arrive until 12:00pm.  She questioned Council on why
the $150.00 fine would be to a business and not the
individual themselves.  Ms. Darfus stated that some
businesses in Columbus have lost 40% of their business due
to the smoking ban.  

Brad Coleman, 383 Glyn Tawel, Granville, stated that he
can sympathize with Ms. Darfus.  He stated that one should
not forget that it is legal to smoke, but that forty known
poisons enter the air.  He asked if we want to expose
children to these poisons.   

Stacey Degler, 313 Linnell Drive, Granville, stated that
she is a tobacco educator and she questions what type of
interests the high powered tobacco industry is promoting.

Scott Manogg, 2370 Loudon Street, Granville, stated that
he does not agree with the five minute rule on speaking.  
Mr. Manogg stated that he sees this as an issue of great
magnitude.  He stated that at the last public hearing he
was accused of being emotional with his words.  He stated
that for that reason he has brought visual aides with him
this evening.  Mr. Manogg had three visual aides; The
first one had a definition of freedom.  The second
visual aid listed the three groups of people involved in
the smoking ban  Business Owners, Smokers, and Non-
smokers.  The third visual aid depicted the same three
groups of individuals with different facial reactions to
the ban.  Mr. Manogg stated that with the ban - mob rules 
 a democracy has been introduced and the freedom of the
business owner has been taken away.  Mr. Manogg stated
that someone had laughed at him at the last public hearing
when he said the ban was an act of Communism.  Mr. Manogg
read a definition of Communism.  Mr. Manogg stated that
two days ago Fidel Castro introduced a smoking ban in
Cuba.  He stated that he believes Cuba is the only
Communist country in this hemisphere.  He stated that if
Fidel Castro thought that the ban was a good idea  we
dont want to follow and this isnt a compliment.  Mr.
Manogg needed to be reminded about the five minute time on
speaking.  Mr. Manogg asked what would happen if he chose
not to comply with the smoking ban.  Councilmember Main
stated that it would be the same as if you had a business
that didnt comply with any other law.  Mr. Manogg stated
that Granville is just doing what Newark wants them to
do.  Councilmember Hartfield reminded Mr. Manogg of the
five minute rule again and thanked him for his comments
and stated that his point is well taken.

Barb Johnson, Program Director for Lung Association,
stated that she is there to support the Ordinance.  She
stated that she would like to reiterate that the ban does
not take away the right to smoke, but it simply asks
smokers to smoke outside.  

Joyce Swellick , 1553 Crosley Road, Granville, stated that
she chose to live here because of the family values.  She
stated that Granville appears to be concerned about the
citizens in the community.  Ms. Swellick stated that she
had lost her mother to the effects of second hand smoke,
and she couldnt visit any establishments that had smoking
when she was alive.  She stated that as far as the freedom
to smoke, that should be told to someone with COPD.  Ms.
Swellick stated that she has also lived in the Columbus
area recently and her freedoms expanded due to the recent
smoking ban.  She stated that the ban asks people to go
outside so other people can enjoy the establishment.  Ms.
Swellick stated that she was a former smoker and she
applauds Council for the passage of this Ordinance.  

Shelley Kistuz stated that as far as business and their
freedoms one should look at a gas station.  She stated
that they arent allowed by law to let gas leak from their
storage tanks, and this is due to health and safety
reasons.  Ms. Kistuz stated that there were no problems
enforcing the smoking ban law in Toledo, Ireland, and New
York City.  She stated that these cities have 97%
compliance.  Ms. Kistuz stated that the Franklin County
Health Department is responsible for enforcing the ban in
the suburbs.  She stated that not one single letter has
had to be sent out.  Ms. Kistuz stated that most smokers
wish they didnt smoke and want to quit.  

Gib Reese, Granville, stated that he believes in some
degree of freedom.  Mr. Reese stated that Wayne State and
the University of Toledo said in their study that the ban
has not damaged businesses in the Toledo area.  He stated
that one person who is negatively affected by the ban is a
bartender who smokes who cannot find someone to replace
him/her while they leave their station to have a
cigarette.  Mr. Reese stated that a New York Times article
on December 6th looked at the smoking ban issue and
concluded that there were no negative impacts.  He stated
that a ban went into effect in Italy one year ago and 10%
of the people were adamantly against it, while 86% of the
people favored it because it would help them cut back on
smoking.  Mr. Reese stated that there seems to be some who
would like to see an amendment to the Ordinance which
allows smoking in alcohol establishments (where sales are
65% or more in just alcohol).  Mr. Reese stated that if
there are exemptions, it will be very difficult to
enforce.  He stated that when you make exceptions, it
makes things unfair.  He stated that there is talk about
having private clubs exempt, and that some places are
already stating they will charge $1.00 for membership and
consider themselves to be a private club.  Mr. Reese
stated that he wouldnt have a problem picking up costs
for enforcement of the ban.  Council reminded Mr. Reese of
the five minute time rule on speaking.  Mr. Reese
encouraged Council to have Granville stand as the leader
in this ban, and to just get it done.

Tim Ryan, 347 Cedar Street, Granville, stated that he is
neither for nor against the ban.  He stated that he
believes that instead of modeling the law after someone
elses law, Granville should tailor the Ordinance around
our small community and who and what we are.  Mr. Ryan
stated that according to the proposed law, he would be
unable to smoke a cigar in his office.

Becky Voris, Co-Chair of the Licking County Tobacco
Coalition, stated that she is here in support of the ban
and it is the least expensive measure Council can take to
ensure the health, safety and welfare of the people.  She
stated that she could direct Council to any information on
grants for the smoking ban and enforcement.  

Justin Stephens, 2049 Newark-Granville Road, Granville,
stated that Council appears to have their minds made up.  
He stated that people for the ban appear to be able to
speak as long as they wish, and Councils facial
expressions indicate that they are in support of the ban.  
Mr. Stephens stated that it doesnt make sense to not let
the business owners decide.  Mr. Stephens stated that
there are businesses one might not want to frequent and
they are not forced to.  He stated that if someone doesnt
want to go into an establishment that has smoking, they
dont have to.  

Joe Ebel, 235 Trail Court, Newark, stated that he is the
Licking County Health Commissioner.  He stated that of
course they are for the ban, and the main reason is
because it is a public health issue.  He stated that no
one should have to make a choice on their health, and this
ban is fair because smokers still have the choice to
frequent the business.  He stated that Council is welcome
to call him to discuss any matters of concern or have any
questions answered.  

Gary Stansbury, 228 Pinehurst Drive, Granville, asked
Council when the ban would go into effect if it is
passed.  Councilmember Main stated that in thirty days it
would go into effect, but not enforced, and it would
depend on whether or not Newark and Heath pass the same
legislation.  Mr. Stansbury asked why it matters what
Newark and Heath do if this is a public health issue.  
Councilmember Main stated that all three communities opted
to act on the legislation at the same time so one
community didnt have an advantage business wise.  Mr.
Stansbury stated that its not 100% a public health issue.  
Councilmember Main stated no.  

Councilmember Hartfield closed the public hearing for
Ordinance No. 02-05 at 8:24 pm.  


    Ordinance No. 03-05, An Ordinance Approving And
Adopting A Thoroughfare Plan For The Village Of Granville,
Licking County, Ohio  

Doyle Clear, TransAssociates, Columbus, gave a brief
overview of each of the Transportation Ordinances.  Mr.
Clear stated that the Thoroughfare Plan is a key component
to the Comprehensive Plan.  He stated that in addition to
the Traffic Impact Study they looked at the Cherry Valley
Road corridor and defined specific access points.    

Dan Bellman, 320 North Pearl Street, Granville, stated
that he wished to commend Council for their tremendous
insight with the Thoroughfare Plan.  He stated that most
communities address these kinds of things when its too
late, and its best to have this thought out before you
are in a situation where there are too many businesses
already in place.  Mr. Bellman stated that Easton Town
Center is in his opinion a good example where the traffic
patterns were well thought out way ahead of time.  Mr.
Bellman stated that his comments relate to each of the
transportation Ordinances.  


    Ordinance No. 04-05, An Ordinance Approving And
Adopting Chapter 1196 Of The Codified Ordinances Of The
Village Of Granville, Licking County, Ohio

No one appeared to speak for or against Ordinance No.
04.05.


    Ordinance No. 05-05, An Ordinance Approving And
Adopting Chapter 1195 Of The Codified Ordinances Of The
Village Of Granville, Licking County, Ohio  


No one appeared to speak for or against Ordinance No.
05.05.



    Ordinance No. 06-05, An Ordinance Approving,
Adopting and Enhancing Chapter 1176 Of The Codified
Ordinances Of The Village Of Granville, Licking County,
Ohio  


No one appeared to speak for or against Ordinance No.
06.05.





NEW BUSINESS  (8:31 pm)

    Resolution No. 05-10, A Resolution To Award The
Bid For Bryn Du Lift Station Improvements, As Per
Specifications, To L.E. King And Son And To Authorize The
Village Manager To Enter Into An Agreement Therefore was
introduced by Councilmember Barsky.  Second by
Councilmember Main.

Discussion: Councilmember Barsky asked if this was in the
budget.  Manager Hickman stated yes, and this would be a
tremendous improvement to waste water management.  

Motion Carried (5, 0).  Resolution No. 05-10 is adopted.


    Resolution No. 05-11,  A Resolution To Authorize
The Village Manager To Seek Bids For Bryn Du Mansion
Improvements was introduced by Councilmember OKeefe.  
Second By Councilmember Main.

Discussion: Councilmember Barsky asked if the money was
already allocated in the budget.  Manager Hickman stated
that a note is secured, but the State will be reimbursing
the Village for the improvements.  Councilmember Herman
asked how these funds were secured.  Manager Hickman
stated that he and Candi Moore had meetings with Senator
Hottinger in November.  He stated that the monies would
come from the capital portion of the budget.  
Councilmember Barsky asked if there was an application
process and inquired if there were backup funds secured if
the State were to slash the budget for this expenditure.  
Manager Hickman stated yes there were backup funds, and
that he believed the State funds were secured.

Motion Carried (5, 0).  Resolution No. 05-11 is adopted.


    Resolution No. 05-12, A Resolution to Authorize
the Village Manager to Advertise for Bids for a Grounds
Maintenance Contractor was introduced by Councilmember
Herman.  Second by Councilmember Main.  

Discussion: None.

Motion Carried (5, 0).  Resolution No. 05-12 is adopted.


    Ordinance No. 07-05, An Ordinance Approving The
Application To Rezone Property Located At 122 North Pearl
Street was introduced by Councilmember Main.   Second by
Councilmember OKeefe.

Ms. Hartfield announced that the public hearing for
Ordinance No. 07-05 will be held on March 16, 2005.  

    Ordinance No. 08-05, An Ordinance To Authorize The
Village Manager To Execute A Lease Agreement With St.
Lukes Episcopal Church For The Property Located At 118
South Main Street And To Declare An Emergency was
introduced by Councilmember                Main.  Second
by Councilmember OKeefe.

Discussion: Council stated that there will be a public
hearing on Ordinance No. 08-05, and the Emergency Clause
is so that the Ordinance can take effect immediately.  
Councilmember Herman stated that this was advised by legal
counsel.  

Ms. Hartfield announced that the public hearing for
Ordinance No. 08-05 will be held on March 2, 2005.  

    

OLD BUSINESS
    None scheduled   


REVIEW OF MINUTES  
Regularly Scheduled Meeting of February 2, 2005
Council moved to table the minutes until March 2nd.  

MAYORS COURT REPORT   January
The Mayors Court Report for the month of January was
presented for review.

Discussion: Councilmember Barsky stated that it appears
there is an increase in parking tickets.  She asked if
these are being given to residents, students, or both.  
Manager Hickman stated that a large amount is to
students.  He stated that they recently had to tow two
cars.   
 
Councilmember OKeefe moved to accept the December reports;
seconded by Councilmember Barsky.  Motion carried 5-0.

Councilmember Hartfield instructed the report be filed
with the Clerk.  A copy of the said report is included as
part of these Minutes.  


MANAGERS REPORT  January
The Managers Report for the month of January was
presented for review.  

Discussion: Councilmember Barsky inquired on the increase
in vehicle checks.  Manager Hickman stated he would get
more information on this and get back to Councilmember
Barsky.  Councilmember Barsky inquired on the illegal
hunting violation in the Village.  Manager Hickman stated
that the individuals thought they had permission from the
property owner and didnt realize the property was in the
Village.  It was stated that they were hunting with a bow
and arrow.  

Councilmember Herman inquired on the Income Tax Revenue
numbers.  He stated that it appears that the numbers have
evened out, and an earlier conversation by Council
indicated that there was a 2% shortage.  

Councilmember Main moved to accept the January report;
seconded by Councilmember                Barsky.  Motion
carried 5-0.

    Councilmember Hartfield instructed the report be
filed with the Clerk.  A copy of said report is included
as part of these Minutes.  


COMMITTEE REPORTS  

Economic, Finance, Personnel Committee (EFP)  Hartfield,
Herman, Lucier
Councilmember Herman stated that an early March meeting
needs to be scheduled.  Councilmember Hartfield asked if
the Chamber of Commerce has been contacted in regards to
the priority list and Business Development Fund.  Manager
Hickman stated that they would work on having the Chamber
(the new president) at the next meeting.  


Granville Foundation  (Main)
No Report.

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) 
Lucier, Hartfield, Main
Council stated that the next meeting will be Friday, March
4 at 9:00 am.  Manager Hickman was asked to send this
meeting notification out.  

Planning Commission  OKeefe
Chris Strayer, Village Planner, stated that several
applications were approved for additions (with some minor
alterations) and Granville Lumber applied for approval to
add shutters.

Planning & Zoning Committee (P&Z)  Barsky, OKeefe,
Robertson
Councilmember Barsky stated that the committee has
suggested to Ms. Hammond that the Granville Chamber of
Commerce take the lead in thinking out a plan for sandwich
board signs and directional signs.  She stated that the
committee had a preliminary discussion on the proposed
shopping complex for the Cherry Valley Road area.  
Councilmember Barsky stated that there were discussions in
regards to the JEDD, and Mr. Strayer provided a summary of
discussions with the Trustees.  She stated that Trustee
Havens will meet with Law Director Crites to discuss the
makeup of the JEDD Zoning Board.  

Senior Committee  Robertson
No Report.

Granville Recreation Commission OKeefe
No Report.

Union Cemetery Main
Manager Hickman stated that a joint meeting with the
Township may be needed due to reappointments/expiration of
terms.  He stated he would double check on this matter.  
Councilmember Main stated that the next meeting is March
8, 2005.  

OTHER COUNCIL MATTERS
Councilmember Barsky asked to be updated on the Ordinance
for the Tree and Landscape Committee.  She suggested
publishing the list of proposed trees to be taken out.  
She stated that she would like to see them act very
cautiously in regards to this matter.  Councilmember
Herman stated that he would echo the comments made by
Councilmember Barky and he stated he found some of the
language in the Ordinance to be offensive.  Councilmember
Hartfield stated she had the same concerns.  They asked
that no further actions take place on any of the trees
unless there is absolute eminent danger.  Councilmember
Barsky stated she would like to know of any situations
like this before the tree is removed.  Manager Hickman
asked if Councilmember Barsky and others could send any
modifications they have for the Ordinance. Councilmember
Barsky stated that she is working with Law Director Crites
on drafting something.  She suggested that Council contact
her with any changes they have and she will relay this
information to Law Director Crites.  

It was stated that there will be a Library Board meeting
on February 16 to discuss the Sinnett House.

Manager Hickman stated that the County Administrators
will meet to discuss local government funding.  He stated
that the Village is likely to lose $28,000 each year due
to budget cuts.  He stated that this is a 10% reduction
and it does impact the Village budget.  

Councilmember OKeefe stated that the disaster ad hoc
committee met with Rod Cook, Red Cross, to discuss a
disaster plan.  She stated that Mr. Cook stated that a
formula is set for disasters and it is now up to them to
offer an input on this plan.  It was stated that if the
Red Cross is asked to step in and set up a shelter, they
must have a Red Cross shelter manager in place.  The
committee has suggested that a local citizen be trained to
act as a manager in a Red Cross shelter.  Councilmember
Herman stated that they will look at the Red Crosss
formula, rather than reinventing the wheel.  Manager
Hickman stated that Mike Frazier, Denison University, has
indicated that they would be willing to participate in any
kind of disaster plan.  It was stated that Chief Cartnal
is working on getting the disaster formula on a CD for
further review.  

Councilmember OKeefe stated that Jeff Walker, Red Cross,
heads a task force thru the Aging Network  to help those
most vulnerable during disasters such as that during the
December ice storm.      


 ADJOURNMENT (9:03 pm)
     Councilmember Herman moved to adjourn.  Second by
Councilmember Main.  Motion carried, 5-0.  Meeting
adjourned.

 
              
     
  Submitted by Melanie Schott

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