VILLAGE OF GRANVILLE
November 20, 2013
CALL TO ORDER (by Mayor Hartfield at 7:30pm)
PLEDGE OF ALLEGIANCE
Those responding to the roll call were Councilmembers Johnson, Lerner, McGowan, Montgomery, Vice Mayor Barsky, Mayor Hartfield, Manager Stilwell and Law Director King.
Vice Mayor Barsky moved to excuse Councilmember O’Keefe from the meeting. Second by Councilmember Lerner. Motion carried.
APPROVAL OF AGENDA
Councilmember McGowan moved to approve the agenda. Second by Vice Mayor Barsky. Motion carried.
CITIZENS COMMENTS (7:31pm)
Sally Brigham, 3933 Canyon Road, indicated that she was a resident of Union Township, but wanted to voice her concern regarding a Granville Board of Zoning and Building Appeals decision to allow Mr. Boydoh a variance to build a house on property that was less than the five-acre requirement set in the Village Code. She indicated that she could not understand why the variance was granted. The rules were set for a reason and should be followed. Mrs. Brigham indicated that she had provided the Village Planner with a letter indicating her objection as she was unable to attend the hearing. She also indicated that this decision would set a precedent to allow others to receive similar variances. Mrs. Brigham asked that the approval be reconsidered.
Patricia Taylor, 1888 James Road, indicated that she was also upset that the variance was approved. The applicant owned a total of eleven acres and should have been made to reconfigure the construction of his house to build on a five-acre lot. She indicated that she was also upset that she attended the hearing and was unable to speak. She would like the application reconsidered and the rules changed to allow interested parties to be able to speak at these hearings. Ms. Taylor stated that she did not understand that she should have asked to speak even though she was not an adjacent property owner. She indicated that she thought she was not eligible to speak, so she didn’t speak
Mayor Hartfield asked Law Director King to respond.
Law Director King advised both speakers that the Board of Zoning and Building Appeals was a quasi-judicial board; therefore, there were specific rules and guidelines that had to be followed that were mandated by the Ohio Supreme Court. This particular case was a request for an area variance to reduce lot size from five-acres to just over two-acres. Ms. Brigham’s letter was received, but it was not admitted as it was considered hearsay evidence. Also Ms. Taylor and Ms. Brigham would not have had standing or a direct interest in order to have been permitted to speak. Their interest was a community interest and therefore not permitted. They were not affected properties. If they had standing, they would have received a letter from the Village advising them of the hearing and their rights. The BZBA considered all of the issues regarding this application and made a decision based on the review of all criteria. The BZBA was also not a precedent setting board. Every decision that the BZBA made was based on specific facts and aspects of each application. The law would also not allow a "no" variance policy either. Many properties in that area do not meet the current code. Should a fire destroy a home that is currently on two acres, that homeowner would need a variance to rebuild.
Councilmember Montgomery asked if there were other recourses for individuals who had concerns. He also commented that the Village Code regarding these issues was based on Ohio Supreme Court rulings. Law Director King indicated that the Village was unable to overrule or disregard the case findings made by the Ohio Supreme Court. Regarding recourse, as Ms. Taylor was unaware that she could have objected to whether she had standing, he indicated that he would not object if she filed an appeal as to standing.
Dan Bellman, 310 Summit Street, requested to speak on the final report from the Tree Trimming Committee. He stated that he hoped that the Committee would find ways to prepare the Village for long-term outages, improve reliability, maintain balanced tree-lined streets, install higher electric poles and plant correctly sized trees under power lines. During a September 16, 2009 Council meeting with the Public Utilities Commission of Ohio (PUCO), the PUCO encouraged the use of higher poles by American Electric Power (AEP). AEP was using fifty five-foot poles on Country Club Drive in Newark and some within the Village. He hoped that AEP could bury electric lines, use higher poles and have the Village plant the correct sized trees under power lines.
As no one else appeared to speak, Mayor Hartfield closed Citizen Comments at 8:07pm.
Ordinance No. 21-2013, An Ordinance to Update the Granville Codified Ordinances Section 905 - Sidewalks
As no one appeared to speak, Mayor Hartfield closed the Public Hearing for Ordinance No. 21-2013 at 8:08pm.
Ordinance No. 21-2013, An Ordinance to Update the Granville Codified Ordinances Section 905 - Sidewalks was introduced and moved for approval by Councilmember Lerner. Second by Councilmember Johnson.
Vice Mayor Barsky commented on an editorial in the Granville Sentinel that raised concerns about this legislation. The editorial indicated that much of the language in this legislation changed the current code. This legislation was more language clarification than change. Concerns expressed about sidewalks being placed in road rights-of way did not take into account that Village streets did not have standard rights-of-way, but varied throughout the community. Comments made about the Village not building a sidewalk/pathway on Burg Street did not take into account issues involving resident concerns and their reluctance to provide easements or disturb large growth landscape. The legislation also did not prohibit brick sidewalks in the Village, but made residents responsible for any installation and maintenance of brick sidewalks. Vice Mayor Barsky indicated that the ordinance was sound and a good update of the Code.
Mayor Hartfield called for a roll call vote to approve Ordinance No. 21-2013: Councilmembers Johnson – yes; Lerner – yes; McGowan – yes; Montgomery – yes; Vice Mayor Barsky and Mayor Hartfield – yes. Motion carried 6-0. Ordinance No. 21-2013 was adopted.
Resolution No. 2013-59, A Resolution to Appoint a Member to the Board of Zoning and Building Appeals was introduced and moved for approval by Vice Mayor Barsky. Second by Councilmember Johnson.
Councilmember Johnson indicated that Mr. Zimmers would bring a lot of experience to this position.
Mayor Hartfield called for a vote to approve Resolution No. 2013-59. Motion carried. Resolution No. 2013-59 was adopted.
Ordinance No. 22-2013, 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, 2014 was introduced and a hearing date recommended for December 4, 2013 by Councilmember Lerner. Second by Councilmember Montgomery.
Councilmember Montgomery confirmed that the only change to the budget was the addition of $6,100 for a fence along the South Pearl Street pathway. Councilmember Lerner expressed concern about the high cost of a new split rail fence. Finance Director Kraner indicated that the funds were added to the Community Development – Sidewalks section of the budget. She indicated that Service Director Hopkins received quotes for the new fence at that price. Staff would look into the type and cost of a new fence.
Mayor Hartfield scheduled a public hearing for Ordinance No. 22-2013 for December 4, 2013.
Ordinance No. 23-2013, An Ordinance to Authorize the Village Manager to Execute a Contract Providing for the Sale of Water to the Village of Alexandria was introduced and a hearing date recommended for December 4, 2013 by Vice Mayor Barsky. Second by Councilmember Johnson.
Vice Mayor Barsky questioned if the 1.3 rate for water service could be increased before the end of the five-year contract period. Manager Stilwell indicated that the 1.3 multiplier rate would be good for five years; however, any overall water rate increases would be passed along to Alexandria.
Mayor Hartfield scheduled a public hearing for Ordinance No.23-2013 for December 4, 2013.
Ordinance No. 24-2013, An Ordinance Granting Approval of an Easement to St. Luke’s Episcopal Church to Allow Construction of Two Additions to the Building Located at 107 East Broadway That Will Encroach onto Village Owned Property Located at 118 South Main Street was introduced and a hearing date recommended for December 4, 2013 by Councilmember Johnson. Second by Vice Mayor Barsky.
Councilmember Lerner asked if the plans for the church addition were the same formalized plans that were shown to Village Council earlier in the year. Rector Applegate responded in the affirmative.
Councilmember Johnson asked if this legislation was to codify the property that the church was already using. Manager Stilwell indicated that this agreement would be similar to agreements with the Presbyterian and Methodist churches as well as updating language.
Mayor Hartfield scheduled a public hearing for Ordinance No. 24-2013 for December 4, 2013.
REVIEW OF MINUTES
Minutes from Regularly Council Meeting of November 6, 2013
Vice Mayor Barsky made a motion to approve the November 6, 2013 minutes as amended. Second by Councilmember McGowan. Motion carried.
MAYOR' S REPORT – October
The Mayor's report for the month of October was presented for review.
Councilmember Johnson moved to accept the October Mayor’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.
MANAGER' S REPORT – October
The Manager's report for the month of October was presented for review.
Councilmember Montgomery asked if the lime sludge removed from the water plant was taken by a local farmer and put on land near the Granville Intermediate School as he noticed something in those fields that looked like lime. Manager Stilwell indicated that Granville Township Trustee and farmer Dan VanNess accepted Village lime, but he was not sure if that particular field was one farmed by Mr. VanNess. The Village must haul the lime sludge away more often as the EPA prohibited the Village from drying the lime next to Raccoon Creek and the Village well fields.
Councilmember Johnson moved to accept the October 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.
Granville Education Foundation – (Lerner)
Councilmember Lerner reported that the Foundation’s next meeting was November 21, 2013. The Foundation was in the process of sending out the annual campaign fundraising information.
Granville Foundation – (Montgomery)
Councilmember Montgomery reported that the Foundation was now a member of the Granville Chamber.
Granville Recreation District – (McGowan)
Planning Commission – (Johnson)
Open Space Committee (O’Keefe)
Tree & Landscape Commission – (Lerner)
Union Cemetery – (Barsky)
OTHER COUNCIL MATTERS
Councilmember Montgomery asked if a countdown clock could be installed to help with the intersection at North Pearl Street and Broadway. The set back stop line created problems for drivers during high peak traffic times and for individuals being caught between the stop line and the traffic light. Councilmember Montgomery suggested extending the timing for the traffic signals. Manager Stilwell indicated that the quote received by the Village for pedestrian lights was $30,000 per intersection. He indicated that staff would continue to work on improving that intersection.
Vice Mayor Barsky moved to enter into Executive Session, pursuant to ORC 121.22(G)(1) to consider the compensation of a public employee.” Second by Councilmember McGowan. Roll call vote: Councilmembers Lerner – yes; McGowan – yes; Montgomery – yes; Johnson – yes; Vice Mayor Barsky – yes and Mayor Hartfield – yes. Time in: 8:25pm. Motion carried 6-0.
Councilmember McGowan moved to return to regular session. Second by Councilmember Johnson. Roll call vote: Councilmembers McGowan – yes; Montgomery – yes; Johnson – yes; Lerner – yes; Vice Mayor Barsky – yes and Mayor Hartfield – yes. Time out: 8:49pm. Motion carried 6-0.
Councilmember Johnson moved to enter into Executive Session, pursuant to ORC 121.22(G)(2) – “to consider the purchase of property for public purposes.” Second by Vice Mayor Barsky. Roll call vote: Councilmembers Montgomery – yes;
Johnson – yes; Lerner – yes; McGowan – yes; Vice Mayor Barsky – yes and Mayor Hartfield – yes. Time in: 9:10pm. Motion carried 6-0.
Councilmember McGowan moved to return to regular session. Second by Councilmember Johnson. Roll call vote: Councilmembers Johnson – yes; Lerner – yes; McGowan – yes; Montgomery – yes; Vice Mayor Barsky – yes and Mayor Hartfield – yes. Time out: 9:33pm. Motion carried 6-0.
OTHER STAFF MATTERS
Manager Stilwell advised Council that he was intending to schedule another Council retreat for February 2014. He asked Councilmembers to email him with any preference as to dates – February 1st, 8th or 22nd.
ADJOURNMENT (9:12 pm)
Councilmember McGowan made a motion to adjourn. Second by Councilmember Johnson. Motion carried.