VILLAGE OF GRANVILLE
December 3, 2014
CALL TO ORDER (by Mayor Hartfield at 7:30pm)
PLEDGE OF ALLEGIANCE
Those responding to the roll call were Councilmembers Johnson, Lerner, McGowan, Montgomery, O’Keefe, Vice Mayor Barsky, Mayor Hartfield, Manager Stilwell and Law Director King.
APPROVAL OF AGENDA
Councilmember McGowan moved to approve the agenda. Second by Vice Mayor Barsky. Motion passed.
CITIZENS COMMENTS (7:31pm)
As no one appeared to speak, Mayor Hartfield closed Citizens Comments at 7:32pm.
Mayor Hartfield swore full-time police officer Preston Lee.
Manager Stilwell introduced the new police Chief William Caskey and welcomed him to the Village staff. He advised Council that they should feel free to contact the Chief to ask any questions or make comments. Chief Caskey thanked Council for this opportunity. He introduced his wife Stephanie and daughter Abigail. Manager Stilwell also thanked Sergeant Blackledge for his work as Acting Chief during the six month interim. Sergeant Blackledge did a great job.
Ordinance No. 15-2014, An Ordinance to Amend Section 1159.02 of the Codified Ordinances of the Village of Granville Pertaining to Conditional Use and Two-Family Housing
Ben Rader, 130 West Broadway, requested that Council support the passage of this legislation. Mr. Rader indicated that he requested this change in zoning as some uses were not compatible in residential areas. He felt there should be a review by the Village (Planning Commission) prior to permitting something other than a residential use.
Ordinance No. 16-2014, 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, 2015
There were no public comments.
Ordinance No. 17-2014, An Ordinance to Amend Section 513.02 (c) of the Codified Ordinances of Granville, Ohio Pertaining to Drug Abuse, Possession or Use
Dennis Cauchon, 327 East Broadway, thanked Council for decriminalizing marijuana use to a minor misdemeanor. Mr. Cauchon advised Council that Granville had a role to be forward thinking and a leader in the state by supporting the legalization of medical marijuana and to pass a resolution in support of putting this issue on the ballot statewide. The Village should take the lead in asking the legislature to address this issue. He also suggested that Council amend the marijuana penalties to read shall not suspend a driver’s license. Mr. Cauchon was also in support of an ordinance to expunge previous conviction records to reflect the current decriminalization.
Robert Ryan, 514 Conklin Avenue, identified himself as the President of Ohio Normal. He thanked Council for changing the ordinance last month from “shall” to “may” suspend driver’s licenses. In the state of Ohio, 145,000 people are affected by driver’s license suspensions with regard to marijuana possession. The Republican caucus and the judiciary support changing the federal mandate to not suspend driver’s licenses as a penalty for marijuana possession. Mr. Ryan also suggested that Council pass legislation to expunge previous convictions. Councilmember O’Keefe asked if marijuana impaired driving. Mr. Ryan replied that marijuana did not impair driving unless the driver was an inexperienced driver, an inexperienced smoker or was drinking alcohol.
Carlis McDerment, 1933 Surry Road, Former Deputy Sheriff for Fairfield County, Vice President of NORML and an ordained minister, stated that marijuana was a Schedule I narcotic, which means it has no medicinal value and has a high potential for abuse. Yet the federal government holds a patent on marijuana. These laws were put in place to protect other people, not to protect people from themselves. Who did medical marijuana users harm? He indicated that it was ridiculous that possession was a third degree misdemeanor and taking away someone’s license was not an appropriate penalty. As a Deputy Sheriff, he never arrested anyone for smoking marijuana nor did he ever see marijuana as much of a problem. Mr. McDerment also asked Council to support a resolution to put the legalization of marijuana on the ballot as there were many sick individuals who needed the use of medical marijuana.
Victoria Conn, 24 Jefferson Street, commented that she volunteered with the Ohio Rights Group and was a long time Newark resident. She expressed her support for legalizing medical marijuana and removing driver’s license suspension as a penalty. These penalties were horribly detrimental to individual’s jobs and livelihoods for a minor offense.
As no one else appeared to speak, Mayor Hartfield closed the Public Hearing at 8:04pm.
Ordinance No. 14-2014, An Ordinance to Amend Section 1159.02 of the Codified Ordinances of the Village of Granville Pertaining to Conditional Use and Two-Family Housing was moved for approval by Vice Mayor Barsky. Second by Councilmember O’Keefe.
Planner Terry advised Council that all of the modifications suggested by Council during the last meeting were included in this updated legislation.
Law Director King advised Council that the Core Business District was being defined for this section of the code only. It was not establishing a new zoning district.
Mayor Hartfield asked if there would be any unintended consequences from making this change to allow two-family units. She also confirmed that two-family units would not be permitted anywhere else. She commented that the second floors of many of the downtown businesses were homes for many families years ago. Planner Terry indicated that she was not aware of any unintended consequences and two-family units would not be permitted in any other location.
Councilmember Johnson asked if there were any existing non-profit, education, civic, religious or social uses in the Village Residential District. Planner Terry indicated that there were several including Pilgrim Lutheran Church, the Old Academy Building and Denison University sorority houses. Councilmember Johnson asked if there would be any potential liability exposure for the Village. Law Director King responded that he was comfortable with the legislation and could defend it.
Councilmember Lerner asked how the approval process would change from a Permitted to Conditional Use. Planner Terry responded that a Permitted Use was approved by the Planner, while a Conditional Use was approved by the Planning Commission.
Councilmember Montgomery stated that he was not in favor of the changes to the business district. He was not in favor of allowing more than single family units in the downtown business district. He felt that was the best way to preserve the downtown. Law Director King indicated that even single family usage would be a Conditional Use. Every request, one or two-family units, would require review by the Planning Commission.
Councilmember O’Keefe commented that mixed use encouraged a more vibrant downtown.
Councilmember Lerner indicated that she was willing to support the request made by the resident to permit two-family units.
Councilmember Montgomery moved to amend Ordinance No. 15-2014 to remove Section 1159.02(b)(2)(G) regarding two-family dwellings. Second by Councilmember McGowan.
Mayor Hartfield called for a roll call vote to amend Ordinance No. 15-2014: Johnson (no); Lerner (no); McGowan (yes); Montgomery (yes); O’Keefe (no); Vice Mayor Barsky (no); Mayor Hartfield (no). Motion failed 2-5.
Vice Mayor Barsky moved to amend Ordinance No. 15-2014 to accept the current modifications. Second by Councilmember O’Keefe.
Mayor Hartfield called for a roll call vote to approve the amendment to Ordinance No. 15-2014: Lerner (yes); McGowan (yes); Montgomery (yes); O’Keefe (yes); Johnson (yes); Vice Mayor Barsky (yes); Mayor Hartfield (yes). Motion passed 7-0.
Mayor Hartfield called for a roll call vote to approve Ordinance No. 15-2014 as amended: McGowan (no); Montgomery (no); O’Keefe (yes); Johnson (yes); Lerner (yes); Vice Mayor Barsky (yes); Mayor Hartfield (yes). Motion passed 5-2.
Ordinance No. 16-2014, 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, 2015 was moved for approval by Vice Mayor Barsky. Second by Councilmember McGowan.
Councilmember Montgomery asked if this budget included funding for the full staffing of the police department. Finance Director Kraner responded in the affirmative.
Vice Mayor Barsky moved to amend Ordinance No. 16-2014 to accept the current modifications. Second by Councilmember O’Keefe.
Mayor Hartfield called for a roll call vote to approve the amendment to Ordinance No. 16-2014: Montgomery (yes); O’Keefe (yes); Johnson (yes); Lerner (yes); McGowan (yes); Vice Mayor Barsky (yes); Mayor Hartfield (yes). Motion passed 7-0.
Mayor Hartfield called for a roll call vote to approve Ordinance No. 16-2014 as amended: O’Keefe (yes); Johnson (yes); Lerner (yes); McGowan (no); Montgomery (no); Vice Mayor Barsky (yes); Mayor Hartfield (yes). Motion passed 5-2.
Ordinance No. 17-2014, An Ordinance to Amend Section 513.03(c) of the Codified Ordinances of Granville, Ohio Pertaining Drug Abuse, Possession or Use was introduced moved for approval by Councilmember Johnson. Second by Councilmember McGowan.
Councilmember Montgomery asked what this ordinance specifically changed. Law Director King stated that the change would make the penalty for possession the same as the penalty for cultivation. The current law had the older penalty third degree misdemeanor penalty. This change makes the law consistent with the Ohio Revised Code.
Councilmember Johnson asked if the penalty had a provision for repeat offenders. Law Director King advised that it did not. The only code that addressed repeat offenders with increased penalties was felony convictions.
Councilmember O’Keefe asked if the Law Director would recommend removing the driver’s license suspension penalty completely from the code. Law Director commented that he would not make that recommendation. The suspension revocation penalty had an appropriate function and should remain as an option.
Mayor Hartfield called for a roll call vote to approve Ordinance No. 17-2014: Johnson (yes); Lerner (yes); McGowan (yes); Montgomery (yes); O’Keefe (yes); Vice Mayor Barsky (yes); Mayor Hartfield (yes). Motion passed 7-0.
Resolution No. 2014-40, A Resolution to Establish the Annual Compensation Adjustment for Non-Bargaining Employees for Fiscal Year 2015 was introduced and moved for approval by Councilmember McGowan. Second by Councilmember Johnson.
Mayor Hartfield asked if there were any concerns regarding the terms of the compensation.
Councilmember McGowan was concerned that the Village Manager was receiving an additional full week of vacation. He suggested maybe providing two days now and a couple of days in several years. He did not recall providing additional vacation for previous managers.
Councilmember Montgomery and Vice Mayor Barsky expressed their support for the compensation package. The additional week vacation would be equivalent to a 2% bonus.
Mayor Hartfield called for a vote to approve Resolution No. 2014-40. Motion carried. Resolution No. 2014-40 was adopted.
Resolution No. 2014-41, A Resolution Authorizing the Village Manager to Enter into a Contract with the Licking County Board of Commissioners for Reimbursement of Legal Counsel for Indigent Defendants for the Village of Granville, Licking County, Ohio was introduced and moved for approval by Councilmember McGowan. Second by Vice Mayor Barsky.
Mayor Hartfield advised that this legislation was an annual housekeeping measure.
Mayor Hartfield called for a vote to approve Resolution No. 2014-41. Motion carried. Resolution No. 2014-39 was adopted.
Ordinance No. 18-2014, An Ordinance Authorizing the Village Manager to Grant a General Permit to Craig and Maureen Severson to License the Use of the Village Right-of-Way at 941 Newark-Granville Road was introduced and a hearing recommended for January 7, 2015 by Councilmember Lerner. Second by Vice Mayor Barsky.
Mayor Hartfield confirmed that the wall was encroaching into the Village right-of-way and was already in place. Manager Stilwell responded in the affirmative.
Mayor Hartfield scheduled a public hearing for Ordinance No. 18-2014 for January 7, 2015.
REVIEW OF MINUTES
Regularly Scheduled Meeting of November 19, 2014
Councilmember Johnson made a motion to approve the November 19, 2014 Council minutes as amended. Second by Vice Mayor Barsky. Motion carried.
Granville Foundation – (Montgomery)
Granville Recreation District – (McGowan)
Granville Arts Commission – (O’Keefe)
Councilmember O’Keefe reported that the Commission was developing a new website with an online application to make applying for a grant easier.
Planning Commission – (O’Keefe)
Councilmember Johnson reported he was unable to attend the meeting, but all applications were approved.
Open Space Committee (O’Keefe)
Tree & Landscape Commission – (Lerner)
Union Cemetery – (Barsky)
Vice Mayor Barsky reported that the Board would be putting together an annual summary to submit to Village Council.
OTHER COUNCIL MATTERS
Councilmember Montgomery asked if the decision regarding road access points on Milner Road was completed. The Law Director stated that the BZBA, after reviewing the evidence, determined that a shared driveway was not practical or feasible. The application was approved.
Councilmember O’Keefe asked if there were safety concerns regarding this decision. Law Director King stated that the code emphasized that all safety concerns must be met, which this application met. The previous decision was made prior to the update of the Village code, which would not have allowed these access points. The application met the requirements and showed that maintaining the shared drive would not be feasible. There was no objection or comments from adjoining neighbors.
Councilmember O’Keefe commented on the Source Water Protection Team meeting. The Marathon Oil Company installed an additional valve in Alexandria that could shut off the gas supply in the event of a leak or problem. Marathon continues to make safety improvements. Manager Stilwell will forward Council a summary of the meeting.
Councilmember McGowan asked if the shortage of salt would cause a problem for the Village this winter. Manager Stilwell advised that it had been difficult to get enough salt ordered. The Village salt barn was too small to allow participation in the state bidding process as the barn could not hold large quantities. Village staff worked to secure salt for the winter and will be working to conserve salt as much as possible. Staff was looking at the cost of building a larger storage facility. Mayor Hartfield suggested collaboratively buying salt with other entities such as the Township or School District.
Councilmember Lerner advised that she had heard a complaint about the Village’s food truck ordinance. The permit would not let venders move throughout the Village without securing additional permits. It would be nice to be able to invite venders in for special events at Welsh Hills School, Granville Christian Academy or St. Edwards Catholic Church. Law Director King said that issue could be resolved with a temporary activities code. He would discuss the issue with the Village Planner and put together a draft temporary activities code.
Councilmember Johnson asked if staff had looked into what the Village could do regarding the condition of the house at 2486 Newark-Granville Road. Law Director King indicated that the condition of the property was now a health, safety and welfare issue. The Village had the ability to do as much or as little as we need to do to repair and secure the property as an abandoned and derelict structure. Councilmember Lerner indicated that she had personally chased children away from the structure on four occasions. Village Council asked staff to move forward and secure the facility for health, safety and welfare causes. Additionally, any costs incurred in this process would be billed to the LDS Church or a lien placed on the property.
OTHER STAFF MATTER
Clerk Prasher advised Council that Fire Chief Hussey and she met with EMA Director Sean Grady regarding the new Licking County Code Red emergency notification system. The County intended to use the system for weather alerts and County disasters only. Granville residents with landlines could be included in both the County and Village systems. Residents not wishing to participate in both systems would need to opt out of one program or the other. Clerk Prasher was working with residents to understand the process and answer questions.
Councilmember McGowan made a motion to adjourn. Second by Councilmember Johnson. Motion carried.