VILLAGE OF GRANVILLE
NOVEMBER 19, 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, Vice Mayor Barsky, Mayor Hartfield, Manager Stilwell and Law Director King.
Vice Mayor Barsky moved to excuse Councilmember O’Keefe. Second by Councilmember McGowan. Motion passed.
APPROVAL OF AGENDA
Councilmember McGowan moved to approve the agenda. Second by Vice Mayor Barsky. Motion passed.
CITIZENS COMMENTS (7:31pm)
Jeanetta Pyle, 123 South Pearl Street, asked Council for an update regarding the progress on addressing the speeding issues on East Elm Street and South Pearl Street, the installation of speed bumps and the property maintenance code. Vice Mayor Barsky advised that the Planning & Zoning Committee of Council met and reviewed a draft of a property maintenance code. The Committee provided staff with recommendations and requested several changes. Ms. Pyle asked what other maintenance codes had been reviewed. Vice Mayor Barsky indicated that community code’s such as Hudson, Bexley and other Villages similar to Granville were used in developing this draft. Law Director King commented that he was also reviewing the draft to ensure that all requirements met appropriate legal standards. Some of the issues that residents might want to have addressed would not apply as requirements related to aesthetics were not legally defendable. A property maintenance code would primarily address health, safety and welfare issues such as neglect and disrepair. Such a code would not be able to be used as a club to set aesthetic standards. A property maintenance code was designed to address safety and the general sustainability of a neighborhood. Law Director King indicated that he was working on two drafts – one draft that dealt with safety exclusively and another draft that dealt with safety and sustainability. There were a lot of gray areas regarding developing a property maintenance code. Any code established needed to be objective and defendable. The general public would be offered an opportunity to provide input prior to any code being voted upon. Manager Stilwell added that Service Director Hopkins visited the campus of OSU-N to view and take pictures of their moveable speed bumps. Additionally, a new traffic survey would be completed when the AEP pole and line replacement project was completed on North Pearl Street.
Bob Johnson, 218 East Elm Street, asked Council when a decision could be expected regarding the installation of speed bumps. Manager Stilwell stated that Council’s decision would be implemented by the spring of 2015. However, he was not sure when a specific decision would be made.
Steve, Mershon, 405 East College Street, asked Council to remove the one hundred- block of South Main Street from the area known as the Core Business District in Ordinance No. 15-2014. He felt the inclusion of this block would adversely impact future opportunities for his South Main Street property. The other properties on his block were grandfathered and would not be impacted by the proposed zoning change. He wanted that same opportunity to rent his property as a two-family unit as was being proposed for Kathy Raker’s property. Mr. Mershon indicated that he had no issue with the change in zoning as a Conditional Use, but requested that the one hundred-block of South Main Street not be included in the Core Business District designation.
As no one else appeared to speak, Mayor Hartfield closed Citizens Comments at 7:50pm.
Ordinance No. 14-2014, An Ordinance to Amend Section 513.121 (g) of the Codified Ordinances of Granville, Ohio Pertaining to Marijuana Drug Paraphernalia
As no one appeared to speak, Mayor Hartfield closed the Public Hearing for Ordinance No. 14-2014 at 7:51pm.
Ordinance No. 14-2014, An Ordinance to Amend Section 513.121 (g) of the Codified Ordinances of Granville, Ohio Pertaining to Marijuana Drug Paraphernalia was moved for approval by Councilmember McGowan. Second by Vice Mayor Barsky.
Law Director King stated that Mr. Cauchon pointed out that the recent codification process added Section 513.121 (g) to the code and reflected state mandated driver’s license suspension for possession of marijuana paraphernalia. This Ordinance would amend that code to reflect all other portions of the Village code that allowed for discretion regarding driver’s license suspension - changing the code from “shall suspend” to “may suspend.”
Mayor Hartfield called for a roll call vote to approve Ordinance No. 14-2014: Johnson (yes); Lerner (yes); McGowan (yes); Montgomery (yes); Vice Mayor Barsky (yes); Mayor Hartfield (yes). Motion passed 6-0. Ordinance No. 14-2014 was approved.
Resolution No. 2014-38, A Resolution Authorizing the Village Manager to Execute an Agreement Between the Village of Granville and the American Federation of State, County and Municipal Employees (AFSCME), Ohio Council 8, Representing the Full-Time Service, Utility and Maintenance Workers and the Full-Time Police Dispatchers, an Agreement Effective for the Period from January 1, 2015 Through December 31, 2017 was introduced and moved for approval by Councilmember McGowan. Second by Vice Mayor Barsky.
Mayor Hartfield commented that staff did a great job in negotiating this contract effectively and quickly. Manager Stilwell responded that the contract was conservative and done without the assistance of the Village’s labor counselor.
Mayor Hartfield called for a vote to approve Resolution No. 2014-38. Motion carried. Resolution No. 2014-38 was adopted.
Resolution No. 2014-39, A Resolution Providing Consent from the Village of Granville for the Demolition of Structures by the Ohio Department of Transportation Located at 1508 Cherry Valley Road and 2665 Newark-Granville Road was introduced and moved for approval by Councilmember McGowan. Second by Vice Mayor Barsky.
Councilmember Johnson disclosed that he was an adjacent neighbor to the 2665 Newark-Granville Road property.
Manager Stilwell advised that this Resolution was additional legislation requested by ODOT for their records to move forward with the demolition of these two homes. Council had already approved the demolition of each property during the November 5, 2014 Council meeting.
Mayor Hartfield called for a vote to approve Resolution No. 2014-39. Motion carried. Resolution No. 2014-39 was adopted.
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 was introduced and a hearing recommended for December 3, 2014 by Vice Mayor Barsky. Second by Councilmember Lerner.
Manager Stilwell indicated that staff would analyze the suggestion made by Mr. Mershon and advise Council.
Councilmember Lerner indicated her concern that the proposed core business district identification was too subjective. She also questioned what constituted a civic, religious or social use. She asked if there should be a definition for these items.
Councilmember Johnson suggested that the language in Section 1159.02(b)(2)(G) was not clear regarding two-family units being permitted outside the core business district. Law Director King responded that the language would be clarified.
Vice Mayor Barsky stated that Council had reviewed this issue previously and was not in support of apartments being permitted all along Broadway at any level. She expressed concerns regarding the language.
Mayor Hartfield scheduled a public hearing for Ordinance No. 15-2014 for December 3, 2014.
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 introduced and a hearing recommended for December 3, 2014 by Councilmember Johnson. Second by Vice Mayor Barsky.
Councilmember Lerner made a request on behalf of the Tree & Landscape Commission that the budget for the purchase and planting of street trees be increased from $10,000 to $15,000 in the 2015 budget. The cost of trees went up from $250 to $275 from 2013 to 2014. The Village would need to replace 375 Ash trees besides the other trees that were removed annually. Council agreed to support the increase in the tree budget to $15,000 and advised staff to amend the Ordinance.
Mayor Hartfield scheduled a public hearing for Ordinance No. 16-2014 for December 3, 2014.
Ordinance No. 17-2014, An Ordinance to Amend Section 513.03 (c) of the Codified Ordinances of Granville, Ohio Pertaining to Drug Abuse, Possession or Use was introduced and a hearing recommended for December 3, 2014 by Councilmember Montgomery. Second by Vice Mayor Barsky.
Law Director King advised Council that this amendment was to address internal inconsistencies in the code. Currently, possession of marijuana resulted in a harsher penalty than the cultivation of marijuana. This amendment would change the penalty for possession to a graduated offence similar to cultivation and other penalties in the code.
Mayor Hartfield scheduled a public hearing for Ordinance No. 17-2014 for December 3, 2014.
REVIEW OF MINUTES
Regularly Scheduled Meeting of November 5, 2014
Councilmember McGowan made a motion to approve the November 5, 2014 Council minutes as amended. Second by Vice Mayor Barsky. Motion carried.
MAYOR’S COURT REPORT – October
The Mayor’s Court Report for the month of October was presented for review.
Vice Mayor Barsky moved to accept the October Mayor’s Court 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 Johnson asked if staff felt the decrease in revenue in October was expected to affect the end of the year balance. Manager Stilwell responded that it was not anticipated to have an impact.
Councilmember McGowan moved to accept the October Manager’s Report. Second by Vice Mayor Barsky. 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 Foundation – (Montgomery)
Councilmember Montgomery reported that the Foundation heard a presentation regarding the implementation of the new mobile app expected to be available on December 6th for the Candlelight Walking Tour. The Foundation was working on developing a brand identity. The holiday giving proposal was also discussed.
Granville Recreation District – (McGowan)
Councilmember McGowan reported that the GRD was developing their winter programs.
Granville Arts Commission – (O’Keefe)
Planning Commission – (O’Keefe)
Open Space Committee (O’Keefe)
Tree & Landscape Commission – (Lerner)
Councilmember Lerner reported that the bids received for the annual tree planting were $1,800 over budget. The Commission would rebid the project and reduce the number of tree plantings from 40 to 36 trees. Councilmember McGowan asked if residents could request a tree and pay for it. Manager Stilwell responded in the affirmative as long as the tree selected was an approved street tree.
Union Cemetery – (Barsky)
Vice Mayor Barsky reported that Boardmember Boone would be applying for an additional grant.
OTHER COUNCIL MATTERS
Vice Mayor Barsky expressed concerns about the other utilities (Windstream and Time Warner) coming in and cutting the trees back on North Pearl Street as part of the AEP pole and line replacement project. Manager Stilwell indicated that AEP had completed the portion of the project between East Broadway and Cedar Street. They would be using flagman on the project north of Cedar Street. He also advised that AEP was able to install all of the new telephone poles immediately adjacent to the existing poles, which should allow the other utilities to just transfer their lines to the new poles with very little additional trimming. When that project would begin was unknown. Vice Mayor Barsky asked that staff check with the utilities regarding this process to hopefully insure that very little additional trimming would be required.
Councilmember Montgomery asked if there was anything in the Comprehensive Plan about gated communities. He received a comment from a resident regarding a real estate sign stating that the Tall Pines subdivision was advertised as a gated community. These residents were upset that the Village was being portrayed as being closed, restrictive and isolating. Manager Stilwell indicated that he was not aware of any restrictions against gated areas, but would check.
Vice Mayor Barsky expressed her concern about the decision by the BZBA to overturn a previous Council decision limiting that number of access points onto Milner Road for the proposed development. She felt that decision was incorrect as a lot of time, effort and discussion were had to make that decision. The Law Director stated that the BZBA, after reviewing the evidence, determined that a shared driveway was not practical or feasible.
OTHER STAFF MATTER
There were no other Staff Matters.
Councilmember Lerner moved to enter into Executive Session, pursuant to ORC §121.22(G) (4) – “reviewing negotiations with public employees concerning their compensation of other terms and conditions of their employment.” Second by Councilmember McGowan.
Mayor Hartfield called for a roll call vote: Johnson – yes; Lerner – yes; McGowan – yes; Montgomery -yes; Barsky – yes; Hartfield – yes. Motion carried 6-0. Time in: 8:52pm.
Councilmember Johnson left the meeting at 8:53pm.
Councilmember McGowan moved to return to regular session. Second by Vice Mayor Barsky.
Mayor Hartfield called for a roll call vote: Lerner – yes; McGowan – yes; Montgomery - yes; Barsky – yes; Hartfield – yes. Motion carried 5-0. Time in: 9:13pm.
Councilmember McGowan made a motion to adjourn. Second by Vice Mayor Barsky. Motion carried.