Granville Community Calendar

Council Minutes December 3, 2008

VILLAGE OF GRANVILLE

COUNCIL MINUTES

December 3, 2008

 

CALL TO ORDER (by Mayor Hartfield at 7:30 pm)

 

PLEDGE OF ALLEGIANCE

 

ROLL CALL

 

            Those responding to the roll call were Councilmembers Barsky, McGowan, Mershon, O’Keefe, Tegtmeyer, Vice Mayor Herman, Mayor Hartfield, Manager Holycross, and Law Director Crites.

 

APPROVAL OF AGENDA

 

Councilmember McGowan moved to approve the agenda as presented.  Second by Vice Mayor Herman.  Motion carried (7-0).   

 

CITIZENS COMMENTS (7:31 pm)

 

Candi Moore, 405 East College Street, Chair of the Bryn Du Commission, provided Council a copy of the Bryn Du Commission’s Annual Report.  The report summarized the activities and work completed at Bryn Du during the past year.  The report also outlined the maintenance priority list which identifies work yet to be completed to the facilities.  The Commission requested $25,000 as an operating budget for 2009 as well as $50,000 for capital improvement projects.  The Commission estimated that their contribution was expected to be $41,000.  In 2008, the Commission completed a major project of repaving the existing parking lot.  For 2009, the Commission decided to work on several smaller projects.  They also intend to apply for grants to complete these projects.  The Commission had already made a presentation to the Granville Foundation for the formal gardens project.  The 2009 projects include refurbishing the outside staircase, electrical work for the Veterans Memorial flagpole, initial work on the formal gardens, game court construction, barn stabilization, and planning for renovation work for the second floor of the Mansion.  Ms. Moore explained that the game courts would be managed and operated by the Granville Rec Commission.

Councilmember O’Keefe asked the status of the fundraising efforts for the Senior Center.  Ms. Moore indicated that in 2008 the Commission attempted to secure a major donor for the project, but were unsuccessful.  The plan for 2009 was to continue fundraising efforts using a more generalized approach.

 

Mayor Hartfield closed Citizens Comments at 7:39pm.

 

PRESENTATIONS

 

Oath of Office

Mayor Hartfield gave the oath of office to Justin Woodyard a newly appointed full-time officer (currently a part-time officer and dispatcher).

 

Broadway Pub – TREX Permit Request

 

Eileen and Jim Arant, 314 Bryn Du Drive, appeared before Council to request Council’s support, in the form of a letter, their purchase of a D5 liquor permit through the TREX permit process.  Mrs. Arant indicated that the first step in this process was a letter of support from the Village Council indicating their support for this request as an economic development project.

 

Councilmember Barsky asked the projected percentage of alcohol sales versus the sale of food or goods and services.  Mrs. Arant indicated about 25% of the profit was from beer sales.  She indicated that she hoped to see increased sales to 35 % to 40% with the D5 liquor permit.  Councilmember Barsky asked the definition of an economic development project.  Mrs. Arant indicated that Village Council would make that determination based on increased tax revenues.

 

Councilmember O’Keefe asked how many additional employees would be added with the D5 permit.  Mrs. Arant indicated fifteen additional employees.  She indicated that she currently has eleven employees.

 

Councilmember McGowan indicated that many residents have asked Council not to allow additional permits in the Village.  Councilmember McGowan felt approving this request for a permit as an economic development project would not be considered by many residents in the Village’s best interest.  Mrs. Arant indicated that Broadway Pub already had a liquor permit, so this new permit would not be bringing in a new alcohol service to the Village.  This permit would allow Broadway Pub to compete with the other Village dining establishments.  Mr. Arant added that patron’s requests were the driving factor in seeking this permit.  Mr. Arant explained that Broadway Pub needed this D5 permit to continue to function.

 

Councilmember O’Keefe asked how this permit would enhance opportunities for local musicians, as indicated in the information provided.  Garret Martin, 665 Ridgeville Road, General Manager, indicated that more groups would be interested in playing at the Pub as sales increased as groups were paid based on the revenue generated while they were performing.  Councilmember O’Keefe asked how the Pub’s handles unruly customers. Mrs. Arant indicated that customers were already asked to leave if they were unruly and that the Pub strictly cards its customers.

 

Vice Mayor Herman stated that the changes being proposed do not seem to constitute an economic development project.  Much of the information requested on the TREX permit application dealt with capital improvements; however, the Broadway Pub application lists no capital improvements.  How would this constitute an economic development project?  Mrs. Arant indicated that not all of the information requested on the application had to be fulfilled.  Councilmember O’Keefe asked Law Director Crites if all information on the application was needed for Council to make a determination.  Law Director Crites indicated that the information requested on the application was required by the Department of Commerce for the Liquor Control Commission to make the decision of whether the transfer was to an economic development project.  Councilmember Tegtmeyer clarified that Council needs to determine if the request constitutes an economic development project.  She also asked if Council’s decision would be precedent setting.  Law Director Crites indicated that it would not set a precedent as Council would consider the information from any additional requests on an individual basis.

 

Councilmember McGowan asked how the number of available permits was determined.  Law Director Crites explained that the process was based upon total population in the municipality.  Mr. Martin added that in order for any additional permits to be added to the existing number, six hundred thirty people need to be included in the Village’s population.

 

Councilmember Mershon asked if different permits were available based on sales.  Mrs. Arant indicated that was not available.

 

Councilmember Barsky asked for clarity regarding what constitutes an economic development project.  Law Director Crites indicated that the information provided by the Liquor Department outlines that definition.  Councilmember Mershon asked a majority vote of Council would be needed to provide a letter of approval from Council.  Law Director Crites indicated in the affirmative.

 

Mayor Hartfield asked if Mrs. Arant needed a decision from Council that evening.  Mrs. Arant indicated that she did not.  Mayor Hartfield indicated that Council would review the information from tonight’s meeting and make a decision at the next meeting.

 

River Road Alternatives and Estimated Costs

 

Mayor Hartfield recused herself from the meeting.

 

Planner Terry provided and reviewed with Council six roadway and utility improvement options, along with the estimated costs, for the River Road area.  Each alternative provided for a variety of options based on several annexation scenarios.  These options can be phased in or completed up front. 

 

  1. Alternative 1

 

Alternative 1 provides for a full service intersection which would align with the existing Mid-Ohio Mechanical access point, with a north-south connector from River Road providing full access to South Main Street away from the River Road / Old River Road intersections.  This alternative was the fifth highest priced alternative for infrastructure costs and the second lowest cost for right-of-way and easement acreage requirements.

 

  1. Alternative 2

 

Alternative 2 provides for a full service round-about aligning with the Mid-Ohio Mechanical access point, with a north-south connector from River Road providing full access to South Main Street away from the River Road / Old River Road intersections.  This alternative was the third lowest priced alternative for infrastructure costs and the fourth highest cost for right-of-way and easement acreage requirements.

  1. Alternative 3

 

Alternative 3 provides for a full service round-about intersection north of the Mid-Ohio Mechanical access point, with a north-south connector from River Road providing full access to South Main Street away from the River Road / Old River Road intersections.  This alternative was the highest priced alternative for infrastructure costs and costs for right-of-way and easement acreage requirements.

 

  1. Alternative 4

 

Alternative 4 provides for a full service round-about aligning with the Mid-Ohio Mechanical access point, with a north-south connector from River Road providing full access to South Main Street away from the River Road / Old River Road intersections.  This alternative was the fourth highest priced alternative for infrastructure costs and the third lowest cost for right-of-way and easement acreage requirements.

 

  1. Alternative 5

 

Alternative 5 provides for a full service intersection with the potential for a future round-about, with a north-south connector from River Road providing full access to South Main Street away from the River Road / Old River Road intersections.  This alternative was the second lowest priced alternative for infrastructure costs and the lowest cost for right-of-way and easement acreage requirements.

 

  1. Alternative 6

 

Alternative 6 provides for realigning the existing Old River Road, with a north-south connector from River Road providing full access to South Main Street away from the River Road / Old River Road intersections.  This alternative was the lowest priced alternative for infrastructure costs and the fifth highest cost for right-of-way and easement acreage requirements.

 

Planner Terry indicated that the round-about options provide for more flexibility and allow for growth.  Planner Terry requested that Council consider the options and select two for staff to present to property owners.  Staff would meet with each property owner to explain how the options would affect their property.  The property owner responses would be compiled and determine property owner’s development timeline. 

 

Councilmember Mershon recommended that Council pick the best possible alternative from a development stand point that will serve the public.  The costs of the development will impact whether property owners participate and/or whether a road would be built.  Property owners, who may want to annex in the near future, may not need construction of the roadways initially.  The right-of-ways could be secured now, based on the alternative selected now, and the costs of development could be passed along to the property owners at the time of development.

Council indicated that whatever alternative was selected should be phased in and reflect the needs of the property owners as well as the community. Vice Mayor Herman opened the meeting to public questions.

 

Ben Barton, 67 Pinehurst Drive, questioned why 1999 aerials were used.  The north-south road runs through his building.  Village Engineer Jerry Turner indicated that GIS aerials from the Licking County Auditor’s website were used. The road could be moved to avoid any existing structures. 

 

Rodger Kessler, 170 Pinehurst Drive, asked why the storm water run-off was diverted into the lake on his property.  Engineer Turner indicated that the smaller lake was used for storm water management and water quality.  A device would be added to clean the water prior to entering the lake.  For an additional $125,000, the water could be diverted into Raccoon Creek. 

 

Mayor Hartfield returned to the meeting and called for a brief recess.

 

2009 Budget Presentation

 

Assistant Village Manager/Finance Director Roberts presented a PowerPoint presentation of the 2009 Village Budget.  She indicated that the presented budget was a draft.  There could be changes to this budget appropriation for employee compensation based on the completion of negotiations.   A printed copy of the presentation will be filed with these minutes.

 

PUBLIC HEARING (9:37pm)

 

            Ordinance No. 15-08, An Ordinance to Amend Sections 1109.11, 1133.03, 1135.01, 1137.01, 1137.02, 1137.05, 1137.07, 1137.08, 1139.05, 1139.06, 1141.04, 1141.05, 1141.06, 1143.04, 1145.03, 1145.04, 1147.03,  1147.04, 1149.01, 1149.02, 1149.03, 1159.02, 1159.03, 1159.04, 1159.05, 1161.01, 1161.02, 1161.03, 1163.01, 1163.02, 1163.03, 1167.02, 1167.03, 1175.02, 1175.04, 1175.05, 1183.01, 1183.03, and 1189.03, and to Amend and Change the Section Number of Sections 1137.03, 1137.04, 1137.05, 1137.06, 1137.07 and 1137.08, and to Enact New Sections 1137.03, 1137.10, 1157.14, 1157.15 of the Codified Ordinances of the Village of Granville, Ohio

(continued from the November 19th Council meeting)

 

Barbara Franks, 210 East Maple Street, advised Council that the new codes would put undo financial hardship on Village residents.  She felt the ordinance would require more work for Village staff including the need to hire additional personnel.  Ms. Franks asked Council to refrain from acting on this ordinance during the present economic climate.

Ms. Franks felt the changes in the code would “tighten the noose around taxpayer’s neck.”  The Village was fine currently.  These changes would cause the process to make improvements more demanding and expensive.  These changes take away homeowner’s individuality.  The code updates were “over kill.”

 

 

Dennis Cauchon, 327 East Broadway, indicated that he had specific items regarding the code update.  On page 39, Section 1161.01, regarding the update to the changes to the AROD, any changes to that section should be tabled as the Planning Commission had indicated a need to make changes to the criteria.  Mr. Cauchon felt all changes to this section should be completed simultaneously.

            Mr. Cauchon requested Council review Section 1139.06, page 25, regarding who can file an appeal.  He stated that the changes recommended would limit Village resident’s opportunity to appeal.  A single Councilmember should be able to file an appeal, not a majority of Council, as that could imply that a decision could be predicted.

Mr. Cauchon suggested the following language to read:  “A Village Councilmember, as a representative of community interest, shall have standing to initiate an appeal to Council.”  Mayor Hartfield advised that a single Council member cannot initiate legislation or other Council action according to the Rules of Council.  Mayor Hartfield suggested following the rules of Council requiring, at least, two Councilmember’s participation.  Mr. Cauchon indicated that he did not have a problem with two Councilmembers to initiate an appeal.

 

Jack Thornborough, 13 Donald Ross Drive, took issue with changing the permit application from a Zoning and Architectural Permit to just a Zoning Permit application.  He felt that current application better defined and represented the process.  Planner Terry indicated that many properties were not in the architectural review district and did not require architectural review.  The permit process should reflect the current process of applying for a zoning permit and an architectural review application as needed.  Law Director Crites added that this language also modernized the current code to reflect modern zoning language. 

Mr. Thornborough also requested that Council amend the language in the code regarding standing to allow any community member to speak about any proposed application.  If the issue of standing cannot be changed, he suggested changing the rules of appeal. 

Regarding the update to the changes to the AROD Section 1161.01, he also agreed that any changes to that section should be tabled as the Planning Commission had indicated a need to make changes to the criteria.  Mr. Thornborough felt all changes to this section should be completed simultaneously.

 

Bill Wernet, 347 North Granger Street, thanked staff for cleaning up and tightening the code.  Mr. Wernet had a specific concern regarding Section 1161.01.  He suggested that the language on page 39 regarding the promotion of high character of community development needs more definition and further clarification.  Another issue was regard to the language regarding the protection of real estate from impairment or destruction of value for the general community welfare.  Mr. Wernet felt that language was unclear.  He suggested changing the language to read “protect real estate from impairment or destruction of value, for the general community welfare. 

 

As no one else appeared to speak, Mayor Hartfield closed the public hearing. (10:14pm)

 

Ordinance No. 16-08, An Ordinance to Authorize the Village Manager to Enter into a Lease Agreement with the Granville Studio of Visual Arts for the Lease of the Terrace House at Bryn Du Mansion, 537 Jones Road

 

Councilmember Mershon recused himself from the meeting.

Candi Moore, 405 East College Street, Chair of the Bryn Du Commission, expressed the Commission’s excitement about this educational art facility.  She summarized several aspects of the lease.  Granville Studio Visual Arts will provide $250,000 of improvements to the Terrace building for five three year terms.  GSVA lease payments will be credited on a monthly basis for the improvements.  The lease was modeled after a previous Village lease for the Old Town Hall.  The Commission sought guidance in developing the lease from a professional real estate broker who had experience with negotiating leases that included improvements. Ms. Moore indicated that the Bryn Du Commission was unanimous in its support for this lease.  She encouraged the Council to support the adoption of the ordinance.

 

Annie Cacciato, 1795 Welsh Hills Road, co-director of the Granville Studio Visual Arts group, thanked Council, Ms. Moore and the Bryn Du Commission for the opportunity to work together.  Ms. Cacciato asked Council to support the approval of the lease ordinance and approve it with the emergency clause.  Ms. Cacciato advised Council that the studio would be a public education building open to everyone to encourage creativity and self-expression through experiential learning.  High quality educational programs would be offered at all skill levels with a gallery to display the works created.  Ms. Cacciato advised that the studio hoped to offer a variety of classes from the dabbler level to skilled artesian level.  The studio was already offering in service training to Granville School District teachers through a program provided by The Ohio State University and Harvard.  The volunteer group has already received its no-profit 501(3)(c) designation.  Ms. Cacciato also requested that Council adopt the lease ordinance with an emergency clause.  She indicated that the renovation project needed to begin by December 4th.  A geothermal heating system and a handicap access ramp needed to be installed prior to inclement weather.  The access ramp will be constructed of asphalt, so the need to move forward as the asphalt plants will be closing soon.  Ms. Cacciato also noted that their grants were subject to the studio opening in January.  Ms. Cacciato advised Council that since their last meeting, twenty additional students had joined various programs.   She further indicated that a 60-day window was needed to complete these major renovations.  Ms. Cacciato requested that Council consider including the emergency clause to the ordinance as a benefit to the studio as well as the community.

 

OLD BUSINESS

 

Councilmember McGowan asked that Ordinance No. 15-08 be discussed next on the agenda for the benefit of the respective parties.  Council was in agreement.

 

Ordinance No. 16-08, An Ordinance to Authorize the Village Manager to Enter into a Lease Agreement with the Granville Studio of Visual Arts for the Lease of the Terrace House at Bryn Du Mansion, 537 Jones Road, and to declare an emergency was moved for approval by Councilmember McGowan.  Second by Councilmember O’Keefe.

Discussion:

Manager Holycross indicated that Council had the most recent lease agreement in front of them.  Councilmember Barsky wanted clarification for the need for the emergency clause.  Ms. Cacciato indicated that there were two issues involving construction and that their Journey program grants through the Ohio Arts Council and the National Department of Education must be submitted for programs in process.  If the opening of the facility were to be pushed back, they grants applications would need to be withdrawn.

 

Councilmember McGowan moved for the approval of Ordinance No. 16-08 as an Emergency measure.  Second by Councilmember Tegtmeyer.

 

Roll call vote on the Emergency: McGowan, O’Keefe, Tegtmeyer, Barsky, Herman, and Hartfield.   Motion carried 6-0. 

 

Roll call vote on adoption of Ordinance 16-08: O’Keefe, Tegtmeyer, Barsky, McGowan, Herman, and Hartfield.   Motion carried 6-0. 

 

Ordinance No. 16-08 and the Emergency is adopted. 

 

Councilmember Mershon returned to the meeting.

 

            Ordinance No. 15-08, An Ordinance to Amend Sections 1109.11, 1133.03, 1135.01, 1137.01, 1137.02, 1137.05, 1137.07, 1137.08, 1139.05, 1139.06, 1141.04, 1141.05, 1141.06, 1143.04, 1145.03, 1145.04, 1147.03,  1147.04, 1149.01, 1149.02, 1149.03, 1159.02, 1159.03, 1159.04, 1159.05, 1161.01, 1161.02, 1161.03, 1163.01, 1163.02, 1163.03, 1167.02, 1167.03, 1175.02, 1175.04, 1175.05, 1183.01, 1183.03, and 1189.03, and to Amend and Change the Section Number of Sections 1137.03, 1137.04, 1137.05, 1137.06, 1137.07 and 1137.08, and to Enact New Sections 1137.03, 1137.10, 1157.14, 1157.15 of the Codified Ordinances of the Village of Granville, Ohio

 

Discussion:

Councilmember Barsky asked the Law Director if changing the appeal process to allow two Council members to file an appeal would cause any legal issues.  Law Director Crites indicated that Council could make that change.  Councilmember Barsky would like to amend that section of the code on pages twenty-five and twenty-eight.

Councilmember McGowan moved to table Ordinance No. 15-08.  Second by Councilmember Tegtmeyer.  Motion carried 7-0.  Ordinance No. 15-08 was tabled.

 

Roll call vote on the tabling of Ordinance 15-08: O’Keefe, Tegtmeyer, Barsky, McGowan, Mershon, Herman, and Hartfield.   Motion carried 7-0. 

 

Ordinance No. 16-08 was tabled. 

 

Councilmember McGowan encouraged Councilmembers and residents to contact Village staff with any questions or comments regarding the ordinance.    

 

NEW BUSINESS

 

Ordinance No. 17-08, An Ordinance to Make Appropriations for Current Expenses and Other Expenditures of the Village of Granville, State of Ohio, During the Fiscal Year Ending December 31, 2009, was introduced by Vice Mayor Herman.  Second by Councilmember O’Keefe.

 

Mayor Hartfield set the public hearing for December 17, 2008.

 

Resolution No. 08-47, A Resolution Authorizing and Directing the Village Manager to Enter into a Contract for 2009 with D. Michael Crites and His Law Firm for Services as Law Director and Mayor’s Court Prosecuting Attorney was moved for adoption by Councilmember McGowan.  Second by Vice Mayor Herman.

 

Discussion:

Law Director Crites indicated that there were no changes to the contract or rates from last year.

 

Vote to approve Resolution No. 08-47. Motion carried 7-0.  Resolution No. 08-47 was approved. 

 

Councilmember McGowan excused himself from the remaining portion of the meeting.

 

REVIEW OF MINUTES

 

Regularly Scheduled Meeting of November 19, 2008

Councilmember Barsky made a motion to approve the minutes as amended.  Second by Councilmember O’Keefe.   Motion carried 6-0.

 

COMMITTEE REPORTS   

 

Economic, Finance, Personnel Committee (EFP) – (Hartfield, Herman, Tegtmeyer) 

No Report. 

 

Granville Foundation – (Tegtmeyer)

No Report.

 

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) – (Herman, McGowan, O’Keefe)

No Report.  Next meeting scheduled for Tuesday, December 9th at 7:00pm.

 

Planning Commission – (O’Keefe)

Councilmember O’Keefe reported that three signs were on the agenda for approval, but all three signs were approvals after the fact.  Community residents are still not seeking approvals prior to completing the work.  The Granville Planning Commission meeting originally scheduled for December 22, 2008 has been cancelled.

 

Planning & Zoning Committee – (Barsky, Hartfield, O’Keefe)

No Report. 

 

Recreation Commission – (McGowan)

No Report.

 

Tree & Landscape Commission (Barsky)

Councilmember Barsky reported that the minutes from the most recent meeting were in Council’s packet. 

Union Cemetery (Mershon)

No Report

 

OTHER COUNCIL MATTERS

 

Manager Holycross indicated that the Granville Recreation Commission has advised the Village that the Commission was requesting the Village to appoint a member to the forming Joint Recreation District.  The Commission wanted to know how the Village would like to proceed to make that appointment.  The Commission has organized a packet with a job description, press release, and application.  Staff recommended that the Village advertise that position.  Council was in agreement.  Councilmember Tegtmeyer asked if a Village Council member should be the representative.  Law Director Crites indicated that a Councilmember appointment could be considered a conflict of interest.

 

ADJOURNMENT (10:41pm)

 

Councilmember Barsky moved to adjourn the meeting.  Second by Councilmember O’Keefe.  Motion carried 6-0.  Meeting adjourned.

 

 

Employee Payroll / Compensation

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