Granville Community Calendar

Council Minutes 2/2/05

February 2,  2005

CALL TO ORDER (by Mayor Robertson at 7:32 pm)

PLEDGE OF ALLEGIANCE (Led by the Boy Scouts)

    Those responding to the roll call were
Councilmembers Barsky, Hartfield, Lucier, Main, OKeefe
and Robertson.  Law Director Crites and Manager Hickman.   

    Vice Mayor Lucier moved to excuse Councilmember
Herman.  Second by Councilmember Barsky.  

Councilmember Barsky moved to accept the agenda.  Second
by Councilmember Main.


Barbara Franks, 210 E. Maple St., stated that she was the
owner of several properties in the Village, as well as a
business  Footloose.  Ms. Franks stated that she is
concerned about the closed sessions that Council has been
having.  She stated that things are being done in closed
sessions and the decision was made to appeal the
SuperAmerica decision.  Ms. Franks stated that Council
is elitist to the max.  She went on to say that Council
has spent $40,000 of the taxpayers money and they want to
spend another $15,000 - $20,000 for the appeal to the Ohio
Supreme Court.  Ms. Franks stated that she is saying no
more money  this is nonsense.  Ms. Franks stated that
Council should set up an escrow account and put up their
own money.  

Mayor Robertson stated that Executive Sessions are
strictly regulated, and Council is not allowed to make any
decisions  only be informed on matters.  She stated that
all decisions by Council are made in public, and that
Council has not reached a decision in regards to the
SuperAmerica appeal.  

Ms. Franks stated that she had read that a decision was
made in the newspaper.  

Ms. Franks stated that when there was a job opening
several months back, this Council chose a person who
received the least amount of votes in an election where
five people ran for the seat.  

Mayor Robertson stated that this is not what happened, and
no decision was made in Executive Session.  She stated
that there is nothing in the Charter that states the next
highest vote getter should be appointed to any vacant
seats on Council.  Mayor Robertson stated that the logic
used was to have the majority of the Council members
choose who should fill the seat.  

Ms. Franks stated that this is not what the majority of
the people wanted.  

Mayor Robertson closed citizens comments at 7:40 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. (Smoke Free)

Catherine Buxton, 371 Glyn Tawel Drive, stated that she
was in support of Ordinance No. 02-05.  She stated that
Council should not forget about the workers who work in
the smoke filled environments at restaurants and bars.  
She stated that some would say that they should get a job
elsewhere, but this isnt always feasible.  Ms. Buxton
stated that one point she has heard mentioned by opponents
to the Ordinance is obesity.  Ms. Buxton stated that this
is not the same and there is no comparison because second
hand smoke kills.  

Justin Stephens, 2849 Newark-Granville Rd., stated that he
lived in Florida and saw what happened to the businesses
after the smoking ban was put in place there.  He stated
that many businesses had to close down.  Mr. Stephens
stated that it is unfortunate that smoking/second hand
smoke is harmful, but it should be the right of the
business owner to decide if he/she wants to allow smoking
in their business.  He ended by stating peoples rights
shouldnt be regulated.  

Paula Colman, 383 Glyn Tawel Dr., stated that her son
lives in Manhattan and she has visited there and witnessed
that contrary to what people thought would happen, the
businesses are not hurting due to the smoking ban.  Ms.
Coleman stated it is delightful not to worry about
ingesting smoke with your food.  Ms. Coleman stated she
believes people who smoke are fine with the ban.  

Charles Huntzinger, 371 Glyn Tawel, stated that he has
lived in New York City and Vancouver, British Columbia
where smoking bans were in effect.  He stated that he is a
business man and he is very sympathetic to a business
making a profit.  Mr. Huntzinger stated that the
businesses in the two cities he lived in did not suffer.  
He stated that the governments primary responsibility is
to protect the citizens and he urges Council to pass
Ordinance No. 02-05.  

Mary Rose OBriean-Benini, 338 West Elm St., stated that
she agrees with Mr. Huntzingers comments.  She stated
that she reluctantly goes to Brews II specifically because
she finds the smoke bothersome.  She stated that she has
friends who choose not to go because of the smoke.  Ms.
OBrien-Benini stated that she believes the economic impact
of enforcing a smoking ban will be a positive one.  She
stated that smoking was at one time allowed on airplanes,
and sooner or later the ban is just going to happen.

Kristen Darfus, owner of the Granvilla, stated that she
would like to see what her options are if the smoking ban
goes into effect.  She stated that she fears she will
constantly receive noise violations because individuals
are smoking outside of the bar at late hours.  

Joe Ebel, 235 Trail Court, stated that he is the Licking
County Health Commissioner.
He stated that he, along with the Cancer Society, Lung
Association, and Heart Association,  originally came to
the Councils of Newark and Heath to propose evoking the
smoking ban.  He stated that this is a public health
issue.  Mr. Ebel stated that cigarette smoke is a known
carcinogen.  He stated that there is very little
difference sitting in smoking or non-smoking when you test
an individuals blood for effects from cigarette smoke.  
He stated that children are exposed in restaurants that
allow smoking.  Mr. Ebel stated that he wanted to remind
Council that there was a countywide ban on smoking in
businesses (bars and restaurants were exempt) and this was
in effect for ten years (1992-2002).  He stated that there
were no significant problems during this ten year period.  
Mr. Ebel stated that he wanted Council to know that the
Licking County Health Department supports them and they
will help ensure that the transition goes as smoothly as

Scott Mogg, 3670 Loudon St., stated that this is not an
issue about smoking or non-smoking, and it has nothing to
do with that.  Mr. Mogg stated that on one side you have
the right to smoke and on the other side the right to
breathe clean air.  He stated that neither side is wrong,
and that it is a good thing our forefathers thought about
this.  Mr. Mogg asked the audience what type of
government we have.  An individual from the audience
stated a Republic and another stated a representative
Democracy.  Mr. Mogg stated that a Democracy is all of
the people voting for elected officials, and that the
elected officials job is to represent the Republic, not
the Democracy.  He stated that it is their job to protect
the rights of the individuals.  Mr. Mogg stated that in a
true Democracy  mob rules.  Mr. Mogg stated that he has
read the Heath and Granville Ordinances, and they are
pretty much the same as Granvilles.  Mr. Mogg began
discussion on Ohio Revised Code and the language in
regards to the weapons ban.  Mr. Mogg stated that he had
much more to say about this subject.  Mayor Robertson
asked Mr. Mogg to wrap up his point.  Mr. Mogg stated that
according to Websters dictionary  by enacting a law on a
private business  this is by definition Communism.  He
stated that Communism is a government body putting
sanctions and that the smoking ban is one step closer to
the government taking control.  Mr. Mogg indicated that he
plans to attend the second public hearing in Granville in
regards to this issue, and that he also plans to attend
the public hearings in Newark and Heath.  

Mayor Robertson stated that there will be a second public
hearing for Ordinance No. 02-05 on February 16th.  She
stated that Newark, Heath, and Granville are proposing the
smoking ban and there is a clause that the Ordinance will
be passed and enforced at the same time.  Mr. Mogg
inquired on why this was done with Newark and Heath at the
same time.  Mayor Robertson stated that we are being good

Sandy Wilson stated that she is part owner of Brews
Café.  She stated that one of the owners and herself are
at opposite ends of the smoking issue.  Ms. Wilson stated
that she wished to provide to Council an envelope of
restaurant and bar businesses who say that their
businesses have been negatively impacted due to smoking
bans.  Ms. Wilson stated that she believes her business
will be impacted, and she questioned where smokers will
go  Reynoldsburg or Pataskala.  Ms. Wilson stated that in
the Township there is a lot of land available, and there
are also a lot of liquor permits available.  Ms. Wilson
stated that she believes the smoking ban will allow for
more carryout sales and she is fine with this, but she
wanted Council to be aware that this is lost tax revenue.  
Ms. Wilson stated that in the restaurant industry there is
something referred to as dine and dash.  She stated that
this is when individuals state they are going to go
outside to have a cigarette, and they do not come back.  
She stated this occurrence would be a concern of the
business.  Ms. Wilson stated that half of her employees at
Brews Café smoke, and 60% of the kitchen staff are
smokers.  She stated that there are also health hazards to
carcinogens that are released in the kitchen from non-
stick pans-grills-fryers.  Ms. Wilson stated that she read
an article in the Columbus Dispatch in regards to the air
quality alert as being an issue for people to be concerned
about.  She stated that this should be addressed.  Ms.
Wilson ended by stating that she is not opposed to having
the downstairs of Brews smoke-free, while allowing
smoking in the upstairs, and she does not want to have to
turn her customers away.  

Shelly Kiser, Pataskala, stated that she was representing
the Ohio American Lung Association, American Cancer
Association, and American Heart Association.  Ms. Kiser
stated that the risk of heart attack from second hand
smoke is greatly increased, and that 1/3 of the population
has heart disease.  She stated that Ordinance No. 02-05
doesnt prohibit smoking; it restricts its use when it
hurts others.  She stated that this is similar to a drunk
driving law.  Ms. Kiser stated that there are current
testing restrictions on food we consume, and she stated
air quality is just as important.  Ms. Kiser stated that a
recent study shows that the City of Toledo did not
experience a negative economic impact in restaurants,
bars, and bowling alleys.  Ms. Kiser agreed to supply this
study to Council.  Mayor Robertson stated that Council
would find this information useful and they would look
forward to receiving it.  

Mike Gummer, Newark, stated that the Country was founded
on freedom.  Mr. Gummer read aloud information from the
Ohio Coin Machine Association.  A copy of information is
attached as part of these minutes.  Mr. Gummer ended by
stating that he believes smoking is a choice and that the
businesses should decide whether or not they want to allow

Brad Colman, 383 Glyn Tawel, stated that he is a
physician.  He stated that the cost of health care has
gone up, and this should be taken into consideration.  Mr.
Coleman stated that there is a well documents study of the
smoking ban passed in Helena, MO.  He stated that after
the ban went into effect, there was a 40% reduction in
heart disease.  Mr. Coleman stated that this is an issue
of personal rights.  

Mayor Robertson asked if Council could get more
information on the study Mr. Coleman referred to.  Ms.
Kiser stated that she could get this information to

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

Discussion: Mayor Robertson stated that there will be
another hearing on this Ordinance (and related Ordinances)
on February 16, 2005.  

Steve Mershon, 405 E. College St., asked where he can get
more information in regards to Ordinance No. 03-05.  
Manager Hickman had an additional copy of the Ordinance
and he provided it to Mr. Mershon.  Chris Strayer, Village
Planner, stated that a summary of Ordinance 03-05 is
available on the Village website.  

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

Discussion: Mr. Mershon asked if the Traffic Engineer,
Doyle Clear, would be available at the next Council
meeting to answer any questions.  Mayor Robertson asked
Mr. Clear if he was able to attend, and it was confirmed
that he would be available.  

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

Discussion: No one appeared to speak for Ordinance No. 05-

    Ordinance No. 06-05, An Ordinance Approving,
Adopting And Enacting Chapter 1176 Of The Codified
Ordinances Of The Village Of Granville, Licking County,
Ohio. (Transportation Corridor Overlay District)

Discussion: Councilmember Barsky commented that all of the
Ordinances proposed are tied together in terms of the
ability of the Village to look towards the future.  She
stated that this is based upon some of the input from the
Comprehensive Plan Review in the mid 1990s, and the 2001
Comprehensive Plan Review update. She stated that the
Ordinances are an attempt to tie a number of different
things together as they are related to maintaining the
type of pedestrian community that we have and make plans
for the future.  She stated that to do this we need to
look beyond our own boundaries, because Granville is not
isolated by what is surrounding us.  Councilmember Barsky
stated that there have been communications with the
Township Trustees and the Licking County Engineer.  She
stated that we need to maintain the quality of life in
Granville, and these Ordinances are just one aspect of
attempting to do this.  

Mayor Robertson asked Doyle Clear, Traffic Engineer, to
give a brief summary of each of the transportation
Ordinances.  She stated that if anyone had questions they
could address them to Mr. Clear.

Doyle Clear, Trans Associates, 941 Chattam Lane, Columbus,
stated that he began working with the Village staff
several years ago on these projects.  He stated that an
Access Management Ordinance, Traffic Impact Ordinance, and
Thoroughfare Plan is needed in order to work efficiently
and he works with the staff and Council to try and bring
these documents into a cohesive fashion.  He stated that
the Access Management Plan and Thoroughfare Plan all work
together, and the last update Granville was from 2001.  He
stated that at that time the Thoroughfare Plan was not put
together with the other two.  Mr. Clear stated that in
order for the Thoroughfare Plan to work and work
efficiently, it needs to be supported by a few other
documents.  He stated that one of those documents is the
Traffic Impact Study, which gives guidelines as to how a
traffic study should be done.  The other part is the
Access Management Plan which defines how to access the
Thoroughfare Plan.  Mr. Clear stated that the
Transportation Overlay District deals with how to control
access on Newark Granville Road corridor, and the
Ordinance before Council tonight extends the Ordinance to
include the Cherry Valley Road corridor.    

Ms. Franks inquired on the Cherry Valley Road/16
corridor.  She stated that anyone who tries to go to
Newark around 5:00 or 6:00 in the evening is aware of the
traffic problem there.  She asked Mr. Clear if in his
position he had any suggestions to alleviate this
problem.  Mr. Clear stated that the Village has very
little control over this corridor, and that ultimately
there will be a freeway.  He stated that the Thoroughfare
Plan depicts this area as a study area with an interchange
in the future.  Ms. Franks stated that the newspaper said
this wouldnt happen until 2011.  Mr. Clear stated that he
is unsure when this would happen and there is no immediate
solution tomorrow.  Mr. Clear also stated that the
newspaper isnt always correct.  Ms. Franks asked if
adding additional lanes would alleviate the traffic
congestion.  Mr. Clear stated that adding lanes doesnt
always work.  He stated that if you add more capacity,
somewhere you need to say how big do you want this road to
be.  He told Ms. Franks that these are the types of issues
Council is looking at addressing.  

Mayor Robertson closed the public hearing at 8:39 pm.

NEW BUSINESS (8:40 pm)
    Resolution No. 05-06, A Resolution Adopting And
Approving The Cherry Valley Road Study In The Village Of
Granville, Licking County, Ohio.

Discussion: Manager Hickman stated that it was not his
intent to have Council vote on this this evening.  He
stated that it is the Traffic Impact Study for the
Transportation Overlay District, and the details of the
Resolution still need to go to the people of Cherry Valley
Road.  Mayor Robertson stated that Resolution No. 05-06
would be on the agenda for February 16th.  

    Resolution No. 05-07, A Resolution To Fill
Vacancies On The Planning Commission was introduced by
Vice Mayor Lucier .  Second by Councilmember Barsky.

Discussion: Mayor Robertson asked those present to speak
in regards to their desire to be appointed to the Planning
Commission.  The following individuals spoke:

Brandon Lackey, 204 S. Pearl St., stated that he feels
that he would be best suited for the Board of Zoning and
Building Appeals and he asked to have his name removed
from the list for consideration for the Planning
Commission appointment.  Mr. Lackeys name was added to
the list of consideration for BZBA.    

Chip Blanchard, 221 S. Pearl St., stated that he is a new
resident of Granville and he would be interested in
serving on either board.  He stated that he is passionate
about residential renovation, restoration, and
remodeling.  Mr. Blanchard stated that he would like to be
more active in local government, and he currently works
for an architectural firm in Columbus.  

Fred Ashbaugh, 121 North Pearl St., stated that he has
dealt in construction for many years.  He stated that he
too would be better suited for the Board of Zoning and
Building Appeals, but would be interested in either

Council voted by ballot to fill one vacancy.  Fred
Ashbaugh and Tym Tyler tied twice.  A third ballot vote
was taken; Tym Tyler was appointed to the Planning

Councilmember OKeefe will continue serving on the Planning
Commission as the representative from Council.

Motion Carried.  Resolution No. 05-07 is adopted.

    Resolution No. 05-08, A Resolution To Fill
Vacancies On The Board Of Zoning & Building Appeals was
introduced by Vice Mayor Lucier.  Second by Councilmember

Discussion:  Mayor Robertson asked if any of the
applicants would like to speak.  

Amber Mitchell, 600 West Broadway, stated that she has
enjoyed serving on the BZBA board and she would like to be

Jim Dottavio, 156 Brennan Drive,  stated that he is a
patent attorney for Owens Corning, and he feels his
experience as an attorney would be well suited for the
BZBA board.  Mr. Dottavio stated that he would like to
serve his community.

Council voted by ballot to fill three vacancies.  Amber
Mitchell and Fred Ashbaugh were appointed to the Board of
Zoning and Building Appeals.  Trudy Knox and Jim Dottavia
tied twice.  A third ballot vote was taken; Trudy Knox was
re-appointed to the Board of Zoning and Building

Motion Carried.  Resolution No. 05-08 is adopted.

Mayor Robertson thanked all of the individuals for their
interest in serving in this capacity.  She stated that
their names and phone numbers were on file at the Village
offices, and they would be called upon to serve in some

 Ordinance No. 02-05  
Discussion: Mayor Robertson stated that no votes would be
discussed, and there will be another public hearing on
February 16th.  Councilmember Barsky stated that on page
4, Section e  Retail Tobacco Stores she thought there
should be some clarification.  She asked about the sole
occupancy, and she stated that it would be her preference
that this is the sole occupant of a free standing
structure.  Law Director Crites stated that he could see
where there could be some question in regards to Section
521.13e, and he stated he would look into this.  
Councilmember Barsky inquired about Section 521.99 and the
penalties.  Law Director Crites stated that the Licking
County Board of Health would send the violation.  He
stated that since Granville is not a city, we do not have
the same bi-laws as that of a city.  Law Director Crites
stated that this Ordinance had to be tailored from Newark
and Heaths because their bi-laws were not the same.  Law
Director Crites stated that Section d states that monies
shall be paid to the enforcing agency.  He later clarified
that that could be the Licking County Board of Health or
the Village of Granville, depending on who did the
enforcing.  He clarified for Council that
under Enforcement, the Chief of Police can enforce.

Vice Mayor Lucier asked if they would walk through the
enforcement process.  It was stated that the business
owner and not the individual would be cited.  Law Director
Crites stated that the Board of Health would first issue a
warning.  He stated that the second violation would result
in a second warning from the Board of Health.  Law
Director Crites stated that after two warnings a criminal
complaint can be filed and heard in Mayors Court.  He
stated that a maximum fine of $150.00 could be assigned.  
It was stated that if the Licking County Board of Health
enforces, they get the $150.00, and if the Village of
Granville enforces they would get the $150.00.  

Councilmember OKeefe inquired on private homes being used
for a business.  Law Director Crites stated that Section
521e addresses this matter.  

Councilmember Barsky inquired on the Toledo Ordinance.  
Law Director Crites stated that the Toledo Ordinance is
significantly different than the Columbus Ordinance.  Law
Director Crites stated that the Ordinances for Newark,
Heath, and Granville were modeled after the Columbus
Ordinance.  He stated that the Columbus Ordinance was
upheld by Judge Hale.  

Councilmember OKeefe stated that she would be interested
to see how many businesses do go out as a result of
smoking bans.  Mayor Robertson stated that Councilmember
OKeefe could be the first to review the information
provided by Sandy Wilson (Brews Café) if she wished.  
Councilmember Barsky stated that businesses do go out of
business for reasons other than smoking bans.  

Mayor Robertson stated that the whole region would be
smoke free with Granville, Newark, and Heath passing and
enforcing the Ordinance at the same time.  

Councilmember OKeefe stated that Ms. Darfus from the
Granvilla did bring up an interesting point about having
individuals smoking outside at late hours.  Councilmember
Hartfield stated that Ms. Darfus indicated that the noise
is already a source of contention.  
Vice Mayor Lucier stated that the matter would be treated
like any other noise violation.  Law Director Crites
affirmed this.  Councilmember Main stated that this would
not go into effect until the students at Denison
University are gone for the summer.  He stated that when
the students come back in the Fall, students could be
educated on the change.  Councilmember Main suggested that
the ad hoc committee formed to review the smoking ban
issue could review the statistical information and studies
and report back to Council.  

Mayor Robertson stated that cards were mailed to the
Village offices stating that individuals support the
communities being smoke free.  It was not known who
organized the mailing, and it was also unknown if the
cards were sent from individuals living in Granville or
elsewhere.  Manager Hickman estimated that there were 150
cards mailed to the offices.  

 Ordinance No. 03-05
Discussion: Councilmember Barsky read aloud several
proposed amendments for Ordinance No. 03-05.  A copy of
the proposed amendment is available as part of these
minutes.  Councilmember Barsky asked Mr. Strayer to
provide a copy of the amendment with the Ordinance when
Ordinance No. 04-05
No Discussion.

Ordinance No. 05-05
Discussion: Councilmember Hartfield indicated that she did
have some questions in regards to Ordinance No. 05-05,
specifically that parts seemed vague on who would and
would not qualify.  She stated that she would present her
questions at a later time when she had her notes with
her.  Councilmember Barsky stated that some vagueness in
the Ordinance was intentional.  She stated that this was
to allow the Village Planner to determine if a Traffic
Impact Study was needed.  She stated the Ordinance may
seem vague in certain areas, but it was to allow for
flexibility for the Village staff.    

Ordinance No. 06-05
Discussion: Councilmember OKeefe stated that she did not
receive some of the information for Ordinance No. 06-05
regarding a redline document.  Council acknowledged that
they too did not receive this information.  Mr. Strayer
stated that he would take care if getting this information
to Council.  Councilmember Barsky asked Mr. Strayer if he
had heard back from the County Engineer.  Mr. Strayer
stated no.  Manager Hickman stated that they will try to
contact him at least two more times.  Councilmember Barsky
asked if it has been decided how to notify the people who
will be impacted by these changes.  Manager Hickman stated
that he needed some feedback from Council.  He asked if
they want mailings Village wide, or just the main
corridors.  Councilmember Main stated that whoever owns
property should be told.  Manager Hickman stated that they
will also re-advertise the matter on the website.  
Councilmember Hartfield asked if the Township has received
this information.  Councilmember Barsky stated that they
too are waiting back on comments from the County
Engineer.  She stated that the Engineer should not have
concerns because the proposed changes shouldnt impact

Regularly Scheduled Meeting of January 19, 2005
Vice Mayor Lucier moved to accept the minutes as amended.  
Second by Councilmember Barsky.

Economic, Finance, Personnel Committee
Vice Mayor Lucier stated that the committee met at 6:00
p.m. that evening, and discussed the possible River Road
annexation.  She stated that there were two property
owners there, and they discussed ways to finance the sewer
extension, and did cost projections.  Vice Mayor Lucier
stated that they are working on a Master Development Plan,
and the next meeting is expected to be in early March.  

Vice Mayor Lucier stated that the committee also discussed
the Business Development Plan, and they will invite the
business community to the next meeting in early March to
further discuss this matter.  

Granville Foundation
Councilmember Main stated that anyone wishing to receive a
grant from the Granville Foundation should contact Doug
Plunkett.  He stated that the Foundation is reviewing
requests for grants, and those receiving money from the
Granville Foundation will be notified.

Light, Safety, Sts/Sidewalks & Utility Committee
No Report.  Manager Hickman stated that there was a
neighborhood meeting for Mt. Parnassus and East Broadway
to discuss a project that will begin in the Spring.  
Manager Hickman stated that he hopes to have the project
bid out and something back to Council at their first
meeting in March.  

Planning Commission
Councilmember OKeefe stated that the committee discussed
whether or not a sign for a business can include a sign
for another business.  She stated currently the code reads
yes on this matter, but this is not what the Planning
Commission desires.  Council discussed who approves the
location of where signs are located.  It was stated that
the Planning Commission approves sign location.  Manager
Hickman stated that recently some slack was granted to
area businesses to place their signs on the corner of the
sidewalk.  He stated that this was meant to be temporary
on weekends during the holidays.  Manager Hickman stated
that this can be enforced more closely if Council desires.

Councilmember OKeefe stated that the Planning Commission
also discussed a proposed sign for the Granville Milling
Company.  She stated that their proposal included four
colors, one of which is white.  She stated that the
Planning Commission is trying to make a determination if
the color white should be included in the limit of three
colors allowed on a sign  according to the code.  Mr.
Strayer stated that the Planning Commission would like to
see that the color white is not included in the limit of
three colors.  

Mr. Strayer stated that he is currently working with Law
Director Crites and his associate, Brandy to update the
sign code.  Council agreed to take the sign code updates
to Planning Commission and the Planning and Zoning
Committee.  Councilmember Barsky asked that the Planning
Commission provide feedback before the matter comes to the
Planning and Zoning Committee.

Councilmember OKeefe stated that the Planning Commission
discussed the possible rezoning of Residential to
Commercial for Broadway Blooms  122 North Pearl St.

Councilmember OKeefe stated that there was a work session
with North Star Developers.  She stated that they would
like to put a shopping complex east of Bob Evans.  
Councilmember OKeefe stated that she asked the developers
if they were concerned about using the same driveway as
Bob Evans due to traffic concerns.  Councilmember Main
stated that businesses like this typically like traffic.  
Planning & Zoning Committee
Councilmember Barsky stated that everything discussed at
their meeting was discussed this evening in regards to the
transportation matters - Ordinances 03-05, 04-05, 05-05,
06-05, and 05-06.  

Councilmember Barsky indicated that it would be helpful
for their committee to always have the latest version of
whatever document they are working with.  She stated that
at times, this has not been the case.  
Recreation Commission
Councilmember OKeefe stated that she was unable to attend
the meeting the night before, and she had no information
to report back to Council.
Senior Committee
No Report.

Union Cemetery
Councilmember Main stated that they are working with the
Ohio Historical Society on historical preservation.  

Sidewalk Maintenance
Manager Hickman asked Council for suggestions on what
should be done about people who do not clear snow from
their sidewalks.  Council discussed what the law is and
what is currently happening.  Manager Hickman stated that
he will typically send out two warnings, and the Charter
allows for the matter to go to Mayors Court where a $150
fine can be issued for not being compliant.  Councilmember
Hartfield stated that she feels really uneasy about fining
someone for not clearing their sidewalk.  She asked what
if the people are out of town.  Manager Hickman stated
that he doesnt feel great about fining, but it is the
law.  Mayor Robertson stated that she believes the Village
is doing the right thing in sending reminders to people to
clear their sidewalk.  
Councilmember Barsky stated that there will be a meeting
(February 4th 7:30 am.  River Road Coffee House) in
regards to the emergency plan stemming from the recent ice
storm.  She stated Councilmembers OKeefe and Herman, and
DeAnna (police department) would be attending.  
Councilmember Barsky stated that she has attempted to
contact Jeff Walker  Emergency Management Services, but
he is out of town, so he likely will not attend.  
Councilmember Barsky stated that she has also contacted
Emergency Management Services on receiving a report that
should have been issued some time ago.  She stated that
she will follow up to see if the report was ever done, and
she will let the State know since the State of Ohio plays
a part in paying for these kinds of emergency exercises.  

Council discussed a letter they received in their packets
from a township resident (Columbus Rd/16) requesting that
sewer be extended to their business.  Council agreed to
send this matter to the LSSU committee.  

Councilmember Barsky asked for an update on the TIF
discussion with Lyn Straker.  Mayor Robertson stated that
she recently emailed Council in regards to this matter.  

Councilmember Barsky inquired on the progress made in
contacting Randy Gross.  Manager Hickman stated that they
have received the dollar amount and sent out a requisition
to Mr. Gross, and that Council can determine when they
would like him to do his study.  Mayor Robertson indicated
that they may have to wait until sometime after Spring
Break to have Mr. Gross come and meet with everyone.  

Councilmember OKeefe stated that an elderly individual
approached her in regards to the newly set curbs on
Shepardson/Maple St.  She stated that the individual and
her daughter have a hard time seeing the curb cutouts in
the middle of the street.  Councilmember OKeefe asked is
something could be done to make these more visible,
especially at night.  Councilmember Main stated that these
cutouts are designed so that emergency vehicles can drive
over them if need be.  Chris Strayer stated that he could
take a look at these curb areas and look into putting some
type of reflectors on them.  

Councilmember Barsky stated that she was approached by an
individual in regards to a snow fence that used to be
located on the Bryn Du property  next to Jones Road.  She
stated that the individual told her that Jones Road gets
very slippery from snow drifting on it when the fence is
not used.  Manager Hickman stated that there is a snow
fence there, and he would have this matter looked at.  

Councilmember Barsky asked if anything was going to be
done in regards to the Licking County  Plant Pride, Not
Litter handout.  Mayor Robertson suggested that perhaps
the high school would want to participate.  

    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 (Speedway/SuperAmerica) .
 Councilmember Main moved to enter into Executive
Session,  Seconded by Vice Mayor Lucier.

Roll call: Hartfield, Lucier, Main, Barsky, Robertson,
OKeefe (6, 0)

Time in: 10:21 pm.

Vice mayor Lucier moved to exit out of Executive Session
and return to Regular Session.  Seconded by Councilmember

Time out: 10:43 pm.

Roll call: OKeefe, Robertson, Barsky, Main, Lucier,
Hartfield (6, 0)

Resolution No. 05-09 A Resolution Authorizing the Law
Director to Appeal the Decision of the Court of Appeals of
Licking County, Ohio, Fifth Appellate District, Case No.
04 CA 51, To the Supreme Court of the State of Ohio was
Introduced by Vice Mayor Lucier, seconded by Councilmember

Discussion: Councilmember Barsky stated that we have a
precedent decision from a Council that started to deal
with this situation several years back.  She stated that
the grounds they used making their decisions were based on
traffic issues that have never been addressed.  She stated
that it is her understanding that the decisions that were
made in the two lower courts say that a
community/municipality can no longer address the issues of
traffic impact issues on their streets.  She stated
traffic is an issue regardless if you are rural or a
city.  Councilmember Barsky stated that if you are denied
that right, she thinks it means the municipality loses any
control over what happens in their borders.  She stated
that this then becomes the rights of a charter community,
and as governing officials, we have the interest of the
citizens foremost, then we need to take action that is
consistent.  She stated that this is what the citizens
have indicated in the past that they want.  Vice Mayor
Lucier stated that she agrees with Councilmember Barsky,
and that this appeal goes beyond a particular issue and a
particular place.  She stated that the lower courts
decisions are an assault on the rights of a municipality,
and if we dont bite the bullet and challenge this  it
will just stand.  Councilmember OKeefe stated that
regardless if you want SuperAmerica or not the question is
do municipalities have the right to consider traffic
issues.  Mayor Robertson stated that if we dont
challenge, this decision will stand for other communities
as well.  Councilmember Main stated that he doesnt
believe the decision said traffic couldnt be considered,
and he believes in this case it is time to draw a line.  
He stated that no where in the Resolution does it mention
how much this could possibly cost, and if this passes he
feels the community should know how much it will cost them
up front not after the fact.  Councilmember Main stated
that he thinks we have done enough and we can live with
the most recent ruling.  Mayor Robertson asked
Councilmember Main if he was proposing an amendment.  
Councilmember Main stated that SuperAmerica has said they
would do whatever was needed for this to go through.  He
stated that he was on the Planning Commission at the time
SuperAmerica approached them.  Councilmember Main stated
that he feels were grasping at straws with the
Resolution.  Councilmember Main stated that he was on
Council when SuperAmerica offered to make one additional
lane, but Council didnt want another lane.  Mayor
Robertson stated that wasnt everything that could be
done.  She stated that everything that was offered, what
wasnt what was wanted, and that even with another lane
there would still be a traffic bottleneck.  Councilmember
Main stated that they didnt have to fix the existing
traffic issues, and he feels this is unwise spending of
taxpayers dollars.  Councilmember OKeefe stated that it
would exasperate a situation and eventually the taxpayer
would pay the bill because something needs to be done with
the road.  Councilmember Main stated that ODOT has
certainly made aware that the whole intersection will
change, and Council needs to keep this in mind.  He stated
the whole intersection will change when the freeway is
open to Granville.  He stated that all of the discussions
might not matter because the businesses at the
intersection will have exit/entrance ramps to get to
them.  Mayor Robertson stated that we could keep them
from making that costly mistake.  Councilmember Main
stated that he feels that Council is treading on thin ice
and they are close to the taking of their property.  He
stated he sees the Resolution as another delay tactic by
Council.  Vice Mayor Lucier stated another issue we argued
as a party in the appeal is that the State of Ohio has not
looked at whether they would even allow the kind of
mitigation that SuperAmerica proposed.  She stated one of
the things we are asking is to have the State look at this
and rule what is allowable.  Councilmember Barsky asked
why hasnt SuperAmerica gone to the State yet.  She stated
that a concern is that by not appealing, it sets a
precedent to not be able to use the traffic issues at
all.  She stated that this is a precedent that can be used
even more widely than that of the one cited in the
appeals.  Councilmember Main stated I think you are
reading way too much into this.  Councilmember Barsky
stated that as she read the court decisions over the last
ten years regarding issues like this, she gets concerned.  
Councilmember Main stated that he doesnt think any court
is going to allow any jurisdiction to arbitrarily block
any type of development on to saying there are too many
mitigating traffic issues.  He stated he thinks this
is too big of a catch all and opens too big of a path
for anyone to stop any type of development, growth,
business, etc.  Councilmember Barsky stated that is why
you need a balance, and this appeal has destroyed that
balance.  Councilmember Main stated that Council should
vote  there isnt any point not to.  Councilmember Barsky
stated that she wouldnt have any problem amending the
Resolution with a cost amendment.  Councilmember Hartfield
stated that her concern would be that if we go to the
Supreme Court and lose in a higher court than the 5th
District Court  What does this say?  She asked what
precedent does this set, and it could make things worse.  
Councilmember Barsky stated that it could be the straw
that breaks the camels back in regards to the Supreme
Court decision.  Mayor Robertson stated that we dont as a
community want to lose the power to govern.  She stated
that other communities will take other cases in slightly
different forms because no community wants to lose the
power to govern.  Vice Mayor Lucier asked Law Director
Crites if this is a good case in terms of facts
presented.  Law Director Crites stated that he feels its
a good set of facts.  He stated that the issue is to what
extent can a municipality consider traffic impact and
traffic safety and the courts have said in this set of
circumstances that the interests of the community are
secondary to the primary consideration of the property
owner.  He stated that the argument can be made that this
detracts from the constitutional authority of the
municipality to be able to control their streets.  
Councilmember Barsky inquired on the costs.  Law Director
Crites stated that the $15,000 would include everything
needed to appeal the case.  He stated that he could make
the $15,000 work so that no additional costs were
assessed.  Councilmember Barsky asked if the costs would
be significantly less if the Ohio Supreme Court chose not
to hear the case.  Law Director Crites stated yes and that
it is not definite that they will hear the case.  
Councilmember Hartfield asked if the case wasnt heard 
what are the potential impacts.  Law Director Crites
stated that it is not considered a win or a loss  if it
hasnt been accepted in the Supreme Court to be heard.  
Councilmember Main asked if the whole matter is over if
this doesnt get accepted to be heard in the Supreme
Court.  Law Director Crites stated yes, Council couldnt
take any further action.  

Councilmember Main proposed the following amendment:

Section II  A maximum amount of $15,000 shall be

And existing Section II would become Section III.

Second by Vice Mayor Lucier.  

Motion unanimously approved.  Resolution No. 05-09 is

Roll Call Vote on Resolution No. 05-09:

OKeefe (yes), Hartfield (yes), Lucier (yes), Main (no),
Barsky (yes), Robertson (yes). (5-1)

Motion carried.  Resolution No. 05-09 is adopted.  

    At 11:16 pm, Vice Mayor Lucier moved to adjourn
the meeting.  Second by Councilmember Barsky.  Motion
carried, 6-0.  Meeting adjourned.

Submitted by Melanie Schott

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