Granville Community Calendar

Council Minutes July 18, 2012

VILLAGE OF GRANVILLE

COUNCIL MINUTES

July 18, 2012

 

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

PLEDGE OF ALLEGIANCE 

ROLL CALL

Those responding to the roll call were Councilmembers Johnson, McGowan, Montgomery, O’Keefe, Vice Mayor Barsky, Mayor Hartfield, Manager Stillwell and
Assistant Law Director King. 

Vice Mayor Barsky moved to excuse Councilmember Lerner.  Second by Councilmember McGowan.  Motion passed.

APPROVAL OF AGENDA

Councilmember McGowan moved to approve the agenda as presented.  Seconded by Vice Mayor Barsky.  Motion carried.    

CITIZENS COMMENTS (7:35 pm) 

Kraig Koester, Granville Recreation District Board Member, advised Council that the Rec District survey was complete and copies were provided to Council.  Mr. Koester thanked Council for their partnership in the development and functioning of the Rec District.  The survey showed the 68% of the respondents were in favor of building a facility with 65% in favor of paying additional tax dollars toward the project.  The Rec District was in the process of acquiring eight to ten acres for the proposed aquatic and recreation centers.  The Rec District will be voting on placing a levy on the ballot for the construction of just an outdoor pool and phase in the rest of the projects.  He indicated that the Rec District Board would be happy to answer any questions. 

Councilmember McGowan asked if it was the goal of the Rec District to select a site prior to going to the ballot.  Mr. Koester answered in the affirmative.  

Manager Stilwell asked if the presentation scheduled before Council during their August 1, 2012 meeting would still be necessary.  Mr. Koester indicated that Director Wildman would confirm the need for a presentation with Manager Stilwell. 

Jerry Miller, 440 West Broadway, thanked Council and the Village for their support of Kiwanis during the recent July 4th celebration in making arrangements for the event to continue in light of the June 29th storm event.  He indicated that Kiwanis was appreciative of the support from the police and service department.  The Village worked with Kiwanis to develop a plan to address the unusual circumstances. 

Dan Bellman, 210 Summit Street, advised Council of a May 21, 2012 email from the Village Manager that had a comment about Dan Bellman and Bill Wernet’s involvement with the Comprehensive Plan.  The email implied that the opinion’s expressed by Bill and myself should only been given a limited amount of weight.  The email also suggested that the plan was flawed, but should still be passed.  Mr. Bellman indicated that this email was not in keeping with the Granville way.  Previous Manager’s were treated residents with more respect.  These types of comments were hopefully not representative of who Council was. 

As no one else appeared to speak, Mayor Hartfield closed Citizen Comments at 7:57pm. 

PRESENTATION 

Mary Richardson from the Licking County Health Department provided Council with information regarding tobacco free policies.  She requested that Council consider encouraging healthy behavior by both Village employees and a healthier community.  Ms. Richardson advised Council that Licking County’s health ranking was 33rd in the state.  Businesses looking to relocate look for healthy communities.  The use of tobacco has a strong impact on personal health.  Tobacco use also impacts the local environment through the depositing of cigarette butts and plastic filters.  Cigarette butts are poisonous to pets and small children.  She advised Council that many communities were implementing tobacco free policies and tobacco free communities.  Ms. Richardson asked Council to be proactive and initiate an employee tobacco free policy and a communitywide tobacco free environment. 

Abby McGonagle, a Granville High School senior and member of the Licking County Youth leadership Council, asked Council to make Granville a healthier place to live because in 2012 we (the community) know better and can do better. 

Councilmember O’Keefe asked how a communitywide tobacco ban would be policed.  Ms. Richardson indicated that the policing aspect was still a work in progress.  Most communities used the ban as a means to educate the community rather than penalize. 

PUBLIC HEARING (8:23PM) 

Ordinance No. 06-2012, An Ordinance to Adopt the 2012 Joint Granville Township and Village of Granville Comprehensive Plan 

Dan Bellman, 310 Summit Street, commented that the Village Manager in his May 21, 2012 email indicated that the plan was flawed, so why was Council passing a flawed plan.  The current plan was written by an accomplished representation of Granville experts such as nationally renowned Keith Myers.  The current should be left in place rather than pass a flawed plan.  Mr. Bellman indicated one specific flaw in the Plan on page twenty regarding the language discussing compatible commercial uses that “compliment” the existing use was providing an opening for businesses such as drive-throughs and fast food.  Additionally, the word complement was misspelled.  That type of mistake in a final product was unacceptable.  This language was undefined and too dangerous as the language encouraged fast food restaurants, gas stations, and convenient stores.  He commented that he had an email from Keith Myers dated July 17. 2012 stating that the current draft of the comp plan was a disaster and passing this plan would compound a disaster into a larger disaster.

Bill Wernet, 14 Sunset Hill, commented that he agreed with Mr. Bellman that Council was being asked to vote for a disaster and passing this plan would compound a disaster into a larger disaster.  The authors of the 1998 Comprehensive Plan were careful not to bite off more than they could handle.  Manager Stilwell’s May 12, 2012 email commented that the current plan was an improvement as it designated specific land use in the Village versus the “purple blob” shown in the 1998 plan.  Mr. Wernet commented that the “purple blob” was used as Village zoning was in place and could adequately protect the Village against inappropriate development.  If the Village passed this current plan, it would force Granville Township to pass the plan, which would set the Township up for a disaster.  Mr. Wernet also commented that the Manager’s email expressed concern that Village residents would be upset by the amount of money spent on this current plan should Council not approve the plan.  Mr. Wernet committed that the expenditure of funds was not relevant.  Council should not risk passing the plan passed on costs already incurred.  Mr. Wernet commented that local resident and designer Keith Myers provided an email calling this plan disaster and recommending that the plan not be passed.  Mr. Wernet played a tape recording of comments made by Mr. Myers during a September 15, 2011 Comprehensive Plan Steering Committee meeting.  Mr. Myers commented that the current draft plan had value and a lot of good data, but the packaging, length and organization of the plan was poor.  Mr. Myers made the following suggestions to the Committee as possible options on how to proceed. 

  1. Do nothing.  Stay with the 1998 plan and update the plan at a later date.
  2. Take a time out.  Step back from the current process for a few months and then decide whether to amend the current plan or rewrite it.
  3. Put 2 people in a closet – Select a Township and Village representative to be responsible for redrafting the existing plan.  Place a specific timeline on the process.
  4. Start over.

Mr. Wernet also commented that members of the Comprehensive Plan Steering Committee have commented that they had concerns about the plan.  One member gave the plan a D-.  Councilmember O’Keefe commented that the plan was a poorly written document.  The current draft plan was flawed especially the language in the Research & Technology section as mentioned by Mr. Bellman, which was only one example.  Mr. Wernet summarized that the plan needed to be straight forward and transparent and less confusing.  The plan needed to increase tax rate by maximizing tax revenue and minimizing infrastructure costs.  The plan needed to identify a target or at least what the Village wanted.  Regarding a comment that the current draft should be passed in order to support change, Mr. Wernet indicated that the 1998 plan was not supportive of status quo, but supported smart development. 

Mayor Hartfield asked Mr. Wernet why Mr. Wernet had not invited Mr. Myers to the meeting to make his feelings known rather than speak for him.  Mr. Wernet indicated that Mr. Myers was a busy man and had just returned from vacation, but he had expressed his feelings that the current draft of the plan was troublesome.  Mr. Wernet also advised Council that Mr. Myers had wanted to speak more at the September 15, 2011 meeting, but was not called upon when he raised his hand.  Mr. Wernet indicated that he would provide a link on the web for more information. 

Bryon Reed, 198 Welsh Hills Road, indicated that he wanted to hear comments regarding what other issues were a problem with the proposed plan.  There will always be a group of people to oppose change, a group that advocated future growth and a group that was ambivalent.  A comprehensive plan should help support tax growth that supports the school district and this plan seemed to meet that criteria.  Council should pass this plan and move forward. 

Vice Mayor Barsky read a letter submitted by resident Kurt Combe who indicated that he was not in support of the plan.  He felt the plan would promote urban sprawl, open up the research and technology district to fast food restaurants and increase density in the Newark-Granville Road area. 

As no one else appeared to speak, Mayor Hartfield closed the public hearing for Ordinance No. 06-2012. 

Ordinance No. 10-2012, An Ordinance to Amend Ordinance No. 37-2011 Providing for Adjustments of the Annual Budget for the Fiscal Year 2012 and Revising Sums for Operating Expenses 

Ordinance No. 11-2012, An Ordinance to Amend Section 1137.01, 1139.04, 1139.05, 1139.06, 1141.04, 1141.05 and 1141.06 of the Codified Ordinances of the Village of Granville, Ohio 

As no one else appeared to speak, Mayor Hartfield closed the public hearing for Ordinance Nos. 10-2012 and 11-2012. 

OLD BUSINESS 

Ordinance No. 06-2012, An Ordinance to Adopt the 2012 Joint Granville Township and Village of Granville Comprehensive Plan was introduced and moved for approval by Vice Mayor Barsky.  Second by Councilmember O’Keefe.

Discussion:

Councilmember O’Keefe indicated that her comment about the proposed plan being poorly written and confusing was based on the original plan.  She felt there was value in this plan as it provided a vision for community, provided maps designating specific land uses, provided an environmental assessment, supported mixed use developments and supported affordable housing for seniors. 

Councilmember Johnson indicated that this plan was very aggressive in the amount of information that was covered.  The plan provided twenty substantial goals.  For the amount of material that the plan covered, the length of the plan was not excessive and accomplished a lot.  Councilmember Johnson asked why a revision of the 1998 plan was initiated.  Vice Mayor Barsky advised that part of the 1998 plan was to update the plan every five years.  In 2005, Village Council and the Township Trustees hired a firm to begin the process of updating the plan.  She indicated that in the future she would not recommend using an outside firm. 

Councilmember McGowan commented that the 1998 plan came about due to proposed development on the east side of Granville.  He suggested that Council could take more time to clean-up this draft plan.  Council could use Mr. Myers to make changes to the plan to make it cleaner. 

Mayor Hartfield indicated that she appreciated Mr. Myer’s views, but he has not contacted Council or staff or indicated any interest in participating in revising this plan.  Mr. Myers provided information to staff and the Committee when requested.  Mayor Hartfield also commented that staff was being villainized for not making changes to the plan.  It was not staff’s role to write or initiate changes to the plan.  Staff was directed by the Comprehensive Plan Steering Committee.  She recommended that Councilmembers vote the plan up or down based on whether the proposed plan was valuable or not valuable. 

Councilmember Montgomery commented that the comprehensive plan was one tool of many used by the Township and Village.  The Village had the zoning code administered by the Planning Commission and Board of Zoning and Building Appeals, Council legislation.  The comprehensive plan was meant to be a vision for the community, not the only reference document and should not be given more weight than it deserved. 

Vice Mayor Barsky commented that many changes were made to the proposed plan based on suggestions made by Mr. Bellman and Mr. Wernet.  This proposed plan discussed maintaining the rural character of Granville, land preservation, green development and specifically identified land use.  Vice Mayor Barsky indicated that she would suggest amending the plan to add language restricting drive-ins, drive-throughs and drive-up facilities, which would address some concerns voiced by the residents. 

Vice Mayor Barsky moved to amend Ordinance No. 06-2012 by adding a section (n) entitled Drive-ins, Drive-throughs, Drive-ups under the section Guiding Future Land Use, section 1. The Future Land Use Categories and Maps with the following language: consistent with the desire to maintain the quality of life in Granville as described in this Plan, drive-up, drive-through or drive-in facilities shall not be permitted in or at any fast food enterprise, or any enterprise involving the sale of beverages. (For the purposes of this section, a fast food enterprise is a business engaged in the sale of pre-prepared or quickly prepared food and beverages, usually in disposable containers and wrappers, for consumption either on or off premises, in a facility in which a major portion of the food and beverage sales to patrons are at stand-up type counters or drive-up, drive-through or drive-in arrangements.) Second by Councilmember Johnson. 

Mayor Hartfield called for a roll call vote to amend Ordinance No. 06-2012:  Councilmembers Johnson – yes, McGowan – yes, Montgomery - yes, O’Keefe - yes, Vice Mayor Barsky - yes, and Mayor Hartfield - yes.  Motion carried 6-0.  Ordinance No. 06-2012 was amended. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 06-2012 as amended:  Councilmembers McGowan – no, Montgomery - yes, O’Keefe - yes, Johnson - yes, Vice Mayor Barsky - yes, and Mayor Hartfield - yes.  Motion carried 5-1.  Ordinance No. 06-2012 was approved as amended. 

Ordinance No. 10-2012, An Ordinance to Amend Ordinance No. 37-2011 Providing for Adjustments of the Annual Budget for the Fiscal Year 2012 and Revising Sums for Operating Expenses was introduced and moved for approval by Councilmember O’Keefe.  Second by Vice Mayor Barsky.

Discussion:

Councilmember McGowan indicated that he did not agree with the purchase of a speed trailer.  He indicated that he could support the ordinance if this expenditure was removed.  Councilmember McGowan stated that he was not sure that a speed trailer would deter people from speeding.  He would rather see the police department police the troublesome areas and write citations.  

Councilmember O’Keefe indicated that she would like to see evidence of the effectiveness of speed trailers as a deterrent.  Manager Stilwell indicated that he felt speed trailers did make a difference albeit temporarily.  Several neighborhoods have expressed concerns regarding speeding in there areas with one subdivision requesting a permanent speed signal.  The speed trailer was certainly a tool to encourage slower speeds and pedestrian safety.  

Councilmember Montgomery indicated that he was in support of the speed trailer as they get drivers attention and could be used as a re-education process. 

Mayor Hartfield indicated that she felt speed trailers were effective and was in support of purchasing a trailer and stepped up police enforcement. 

Vice Mayor Barsky asked if there was any information that was more than antidotal.  Manager Stilwell indicated that he was not sure what information was available, but in his opinion trailers changed driver’s behavior. 

Councilmember Johnson indicated that he would be willing to support an amendment to the ordinance to support a harmonious vote.  He would like to see the request for a trailer be brought back to Council. 

Councilmember McGowan moved to amend Ordinance No. 10-2012 to remove the cost of the speed trailer from the Ordinance and amend account number A8-6-B-250 Capital Outlay from $183,975.00 to $173.975.00.  Second by Councilmember O’Keefe. 

Mayor Hartfield called for a roll call vote to amend Ordinance No. 10-2012:  Councilmembers Montgomery - no, O’Keefe - yes, Johnson – yes, McGowan – yes,  Vice Mayor Barsky - yes, and Mayor Hartfield - no.  Motion carried 4-2.  Ordinance No. 10-2012 was amended. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 10-2012 as amended:  Councilmembers O’Keefe - yes, Johnson - yes, McGowan – yes, Montgomery – yes, Vice Mayor Barsky - yes, and Mayor Hartfield - yes.  Motion carried 6-0.  Ordinance No. 10-2012 was approved as amended.

Ordinance No. 11-2012, An Ordinance to Amend Section 1137.01, 1139.04, 1139.05, 1139.06, 1141.04, 1141.05 and 1141.06 of the Codified Ordinances of the Village of Granville, Ohio was introduced and moved for approval by Councilmember O’Keefe.  Second by Vice Mayor Barsky. 

Discussion:

Manager Stilwell indicated that Council was provided an updated ordinance with suggested changes recommended by Councilmember O’Keefe and Vice Mayor Barsky.  He appreciated their help on a complex issue. 

Councilmember McGowan moved to amend Ordinance No. 11-2012 by inserting the language highlighted in yellow as recommended.  Second by Vice Mayor Barsky. 

Mayor Hartfield called for a roll call vote to amend Ordinance No. 11-2012:  Councilmembers Johnson – yes, McGowan – yes, Montgomery - yes, O’Keefe - yes, Vice Mayor Barsky - yes, and Mayor Hartfield - yes.  Motion carried 6-0.  Ordinance No. 11-2012 was amended. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 11-2012 as amended:  Councilmembers McGowan – yes, Montgomery – yes, O’Keefe - yes, Johnson - yes, Vice Mayor Barsky - yes, and Mayor Hartfield - yes.  Motion carried 6-0.  Ordinance No. 11-2012 was approved as amended. 

NEW BUSINESS

Ordinance No. 13-2012, An Ordinance to Amend Ordinance No. 15-2005 Authorizing the Village Manager to Execute a Lease Agreement with Brews and Blues Holding LLC for Unoccupied Air Space Above the Porch at 116 East Broadway was introduced and a hearing date recommended for August 1, 2012 by Councilmember McGowan.  Second by Vice Mayor Barsky.

Mayor Hartfield scheduled a public hearing for Ordinance No. 13-2012 for the August 1, 2012 Council meeting. 

Ordinance No. 14-2012, An Ordinance to Amend Ordinance No. 16-2005 Authorizing the Village Manager to Execute a Lease Agreement with Brews and Blues Holding LLC for a Stairway Located on Village Property at 116 East Broadway was introduced and a hearing date recommended for August 1, 2012 by Councilmember McGowan.  Second by Councilmember O’Keefe.

Mayor Hartfield scheduled a public hearing for Ordinance No. 14-2012 for the August 1, 2012 Council meeting. 

Manager Stilwell indicated that both of these ordinances were for encroachments onto Village property with an annual lease fee.  He indicated that Mr. Martin had requested that the lease fee be reduced and staff was in support of the reduction.  There were no other changes to the lease agreement. 

Councilmember McGowan indicated that Brews alcohol permit could be revoked should there be any violation of the Village’s noise ordinance.  

Ordinance No. 15-2012, An Ordinance to Amend Section 529.07 of the Codified Ordinances of Granville was introduced and a hearing date recommended for August 1, 2012 by Councilmember McGowan.  Second by Vice Mayor Barsky.

Mayor Hartfield scheduled a public hearing for Ordinance No. 15-2012 for the August 1, 2012 Council meeting. 

Manager Stilwell indicated that these changes were to bring the Village Code into compliance with policies currently in place.  The alcohol use agreements were provided to Council for their review. 

Ordinance No. 16-2012, An Ordinance to Authorize the Village Manager to Execute a Contract Providing for the Sale of Water to Owens Corning Sales, LLC was introduced and a hearing date recommended for August 1, 2012 by Councilmember McGowan.  Second by Councilmember Johnson.

Mayor Hartfield scheduled a public hearing for Ordinance No. 16-2012 for the August 1, 2012 Council meeting. 

Manager Stilwell indicated that this agreement was a continuation of the previous agreement with a rate of 1/3 times the Village residential rate.  This contract has been continued since its expiration in 2001.  Approving this contract will help with the enforcement of any issues. 

Ordinance No. 17-2012, An Ordinance to Amend Sections 1171.03 and 1189.13 of the Codified Ordinances of  the Village of Granville was introduced and a hearing date recommended for August 1, 2012 by Councilmember McGowan.  Second by Councilmember Johnson.

Mayor Hartfield scheduled a public hearing for Ordinance No. 17-2012 for the August 1, 2012 Council meeting. 

Manager Stilwell indicated that this update of the PUD code was a continued effort to clarify the zoning code.  This amendment was initiated in order to clarify a discrepancy in the density guidelines.  Large property owners in the PUD district have been notified of these proposed changes.

Ordinance No. 18-2012, An Ordinance Assuming Maintenance Responsibility for the Full Width of Weaver Road and Columbus Road upon Annexation of Certain Territory in the Township of Granville to the Village of Granville, Agreeing to Cooperate in the Maintenance of Said Roadways, and Indemnifying the Township of Granville was introduced and a hearing date recommended for August 1, 2012 by Councilmember McGowan.  Second by Vice Mayor Barsky.

Mayor Hartfield scheduled a public hearing for Ordinance No. 18-2012 for the August 1, 2012 Council meeting. 

Manager Stilwell indicated that the annexation maintenance agreement excludes maintenance to the Cherry Street Bridge, which will remain with Licking County. 

Councilmember Johnson asked if the Township residents who live along these roadways and will not be annexing into the Village continue to pay the road maintenance millage with those funds going to the Township for a road maintained by the Village.  Manager Stilwell indicated that he thought that was correct; however, he would check and respond to Council.

Resolution No. 2012-35, A Resolution Stating What Services the Village of Granville will Provide to the Proposed Annexation of Property Along Columbus Road and Weaver Drive in Granville Township, Owned by Raccoon Creek, LLC was introduced and moved for approval by Vice Mayor Barsky.  Second by Councilmember O’Keefe.

No discussion. 

Mayor Hartfield called for a vote to approve Resolution No. 2012-35.  Motion passed.  Resolution No. 2012-35 was adopted. 

Councilmember McGowan recused himself from the meeting as he was not part of the appeal hearing for the forthcoming legislation. 

Resolution No. 2012-36, A Resolution Affirming the Decision of the Council of the Village of Granville to Remand to the Board of Zoning and Building Appeals the Application for a Lot Split Submitted by Terra Nova Partners, LLC and Adopting Decision Findings and Conclusions of Fact was introduced and moved for approval by Councilmember Johnson.  Second by Councilmember O’Keefe. 

No discussion. 

Mayor Hartfield called for a vote to approve Resolution No. 2012-36.  Motion passed.  Resolution No. 2012-36 was adopted. 

Councilmember McGowan returned to the meeting. 

REVIEW OF MINUTES

Regularly Scheduled Meeting of June 20, 2012

Councilmember O’Keefe made a motion to approve the June 20, 2012 minutes.  Second by Vice Mayor Barsky.   Motion carried.

MAYOR' S REPORT – June

The Mayor's report for the month of June was presented for review. 

Vice Mayor Barsky moved to accept the June Mayor’s Report. Second by Councilmember O’Keefe.  Motion carried. 

Mayor Hartfield instructed the report be filed with the clerk. A copy of the report will be included as part of these minutes. 

MANAGER' S REPORT – June 

The Manager's report for the month of June was presented for review. 

Councilmember Johnson asked if the 61.3% was a percentage of the budget.  Mayor Hartfield indicated that the percentage was of income tax revenue, not the budget. 

Vice Mayor Barsky asked if staff could provide the cost of running and maintenance to the truck scales versus the amount of revenue received. Manager Stilwell indicated that he would provide that information to Council. 

Vice Mayor Barsky moved to accept the June Manager’s Report. Second by Councilmember McGowan.  Motion carried. 

Mayor Hartfield instructed the report be filed with the clerk. A copy of the report will be included as part of these minutes. 

COMMITTEE REPORTS    

Granville Education Foundation (Lerner) 

No Report.

Granville Foundation – (Montgomery)

No Report. 

Granville Recreation District – (McGowan)

Councilmember McGowan reported that survey results were in with a majority of residents in support of a recreation/aquatic center; however, there were concerns regarding the location of such a facility. 

Planning Commission – (Johnson)

Councilmember Johnson reported that the application for the driveway for the Robbins Hunter Museum was finally approved.  The Planning Commission approved an exposed aggregate with a brick border.

Tree & Landscape Commission (Lerner)

No report.

Union Cemetery (Barsky)

Vice Mayor Barsky reported that the Township Trustees would meet with Village Council in a joint meeting on August 1st to approve a revised 2012 budget and a budget for 2013.  The meeting would begin at 7:00pm.  

OTHER COUNCIL MATTERS 

Councilmember O’Keefe expressed concern regarding the unevenness of the sidewalk in front of Robbins Hunter Museum.  Manager Stilwell indicated that staff was working on a sidewalk repair/replacement program due in 2013. 

Council complimented staff on their hard work during the recent storm.  They asked the Manager to propose legislation in recognition of staff’s efforts for the next meeting.  Council complimented the Service Department for their efforts in opening roadways and on their continued efforts to remove debris from Village streets.  Council thanked the Police Department for their work in addressing the needs of seniors during the storm.  Manager Stilwell indicated that the Village was waiting to hear if there will be federal reimbursement for costs incurred due to the storm.  Staff anticipates the Village will incur $150,000 in expenses including the replacement of the generator for Village Hall.

Manager Stilwell advised Council that he provided a letter from St. Luke’s Church indicating that due to damage from the recent storm, they would like to delay the pedestrian pathway project until the repairs were made as heavy equipment will need to access the alleyway.  Council indicated that they were in support of delaying the project. 

ADJOURNMENT (10:05PM) 

Councilmember McGowan made a motion to adjourn.  Second by Councilmember Johnson.  Motion carried. 

Employee Payroll / Compensation

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