Granville Community Calendar

Council Minutes February 4, 2015

VILLAGE OF GRANVILLE

COUNCIL MINUTES

FEBRUARY 4, 2015

 

CALL TO ORDER (by Mayor Hartfield at 7:31pm) 

PLEDGE OF ALLEGIANCE

ROLL CALL 

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 McGowan. 

APPROVAL OF AGENDA 

Councilmember McGowan moved to approve the agenda.  Second by Vice Mayor Barsky.  Motion passed. 

CITIZENS COMMENTS (7:33pm) 

Steve Matheny, Executive Director of the Granville Area Chamber of Commerce, expressed the Chamber’s support for the Special Events Policy.  Mr. Matheny advised that the Chamber participated in the development of the policy.  The policy was not intended to be an absolute rule book, but a policy to provide guidelines, parameters, structure and a framework for Village officials and event planners.  The policy was also responsive to comments and concerns made by business owners and residents.  The Chamber supports the policy as drafted.  The Chamber has and will continue to make every effort to advise their membership of the new policy. 

Barb Franks, 121 South Prospect Street, stated that a policy would be beneficial; however, any policy should be reviewed by local business owners.  The policy was not welcoming or conducive to local business owners or perspective business owners, who might host an event and become interested in opening a brick and mortar store.  Ms. Franks indicated that she was upset by the cancellation of Street Scenes.  Ms. Franks also commented that the increased rents for GSVA were unrealistic.   Councilmember McGowan advised Ms. Franks that the Chamber hosted the Street Scenes event and was responsible for terminating the event.  Councilmember Johnson confirmed that the policy was initiated based on responses from a Village survey of business owners.  Manager Stilwell responded in the affirmative.   A survey was sent to fifty-seven business owners with fourteen responses received. 

Dan Rogers, 210 East Maple Street, stated that the Village should have contacted business owners including businesses outside the Village regarding the proposed events policy.  The Village should not limit events.  Any regulations impacting small business owners were bad. 

As no one else appeared to speak, Mayor Hartfield closed Citizens’ Comments.

OLD BUSINESS

There was no Old Business.

NEW BUSINESS

Ordinance No. 01-2015, 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, 537 Jones Road was introduced and a public hearing set for February 18, 2015 by Councilmember McGowan.  Second by Vice Mayor Barsky.

Mayor Hartfield scheduled a public hearing for Ordinance No. 012015 for February 18, 2015. 

Manager Stilwell advised Council that the substance of the lease had not changed.  The lease was negotiated between the GSVA and the Bryn Du Commission.  The Bryn Du Commission received all revenues from this lease.  GSVA initially invested $200,000 to $250,000 in renovations to the Terrace House.  The lease provided a subsidized reduction in rent in accommodation of these improvements.  GSVA may advocate for any changes in the lease amount at any time in the future.

Resolution No. 2015-06, A Resolution to Cooperate with the Director of Transportation for the Ohio Department of Transportation Regarding the Construction of a New Cherry Valley Interchange and the Closing of Cherry Valley Road (County Road 128) was introduced and moved for approval by Councilmember McGowan.  Second by Vice Mayor Barsky.

No discussion.

Mayor Hartfield called for a vote to approve Resolution No. 2015-06.  Motion carried.  Resolution No. 2015-06 was adopted. 

Resolution No. 2015-07, A Resolution Agreeing to the Closure of Cherry Valley Road (County Road 128) was introduced and moved for approval by Councilmember McGowan.  Second by Vice Mayor Barsky. 

No discussion. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-07.  Motion carried.  Resolution No. 2015-07 was adopted. 

Resolution No. 2015-08, A Resolution to Cooperate with the Director of Transportation of the Ohio Department of Transportation Regarding the Construction of a New Cherry Valley Interchange was introduced and moved for approval by Councilmember McGowan.  Second by Vice Mayor Barsky. 

Discussion:

Vice Mayor Barsky suggested language to provide clarity as to which entity held responsibility.  (Council was provided the improved language prior to the meeting so the new language was included as introduced.)  She wanted to ensure that the Village’s financial responsibilities be specifically outlined.  Law Director King advised that he had reviewed the language proposed by Vice Mayor Barsky and found it to be appropriate. 

Manager Stilwell advised that ODOT District 5 representative Ty Thompson was available to answer any questions.

Councilmember McGowan advised that the timeline for this project was included in the Granville Sentinel last week. 

Mayor Hartfield called for a vote to approve Resolution No. 2015-08.  Motion carried.  Resolution No. 2015-08 was adopted. 

Resolution No. 2015-09, A Resolution Agreeing to Cooperate with the Director of Transportation of the Ohio Department of Transportation (ODOT) for the Construction of a New Interchange Over State Route 16 to Replace the Current Grade Intersection – Cherry Valley Road (County Road 128) was introduced and moved for approval by Councilmember McGowan.  Second by Vice Mayor Barsky.

Discussion:

Vice Mayor Barsky expressed concerns regarding Section 4.  The language seemed to reflect that the Village would be responsible for paying for the costs of moving utilities or purchasing rights-of-way.  She understood that ODOT would be responsible for all of those costs.  Mr. Thompson said that ODOT would pay for coordinating all of the utilities and rights-of-way.  This section was requesting the Village make all roadway rights-of-way available for ODOT to access.  This language was just standard contract language.  The Village could make changes to the resolution. 

Vice Mayor Barsky moved to remove the last sentence in Section IV.  The section would read as follows:  “The LPA agrees to acquire and/or make available to ODOT, in accordance with the current state and federal regulations, all necessary right-of-way required for the described Project.  The LPA also understands that right-of-way includes eligible utility costs.”   Second by Councilmember McGowan. 

Mr. Thompson was in agreement with the proposed language change. 

Mayor Hartfield called for a vote to amend Resolution No. 2015-09.  Motion carried.  Resolution no. 2015-09 was amended.

Mayor Hartfield called for a vote to approve Resolution No. 2015-09 as amended.  Motion carried.  Resolution No. 2015-09 was adopted as amended. 

Manager Stilwell thanked Planner Terry and Mr. Thompson for all of their efforts in developing this $30 million project.  Council also expressed their appreciation. 

Council decided not to introduce Resolution No. 2015-10 regarding the Special Events Policy until the February 18, 2015 Council meeting.  Council asked staff to contact local business owners asking for their input about the new policy.  Council also asked staff to advertise the new policy to the public. 

REVIEW OF MINUTES 

Regularly Scheduled Meeting of January 21, 2015

Vice Mayor Barsky made a motion to approve the January 21, 20154 Council minutes.  Second by Councilmember McGowan.   Motion carried.

COMMITTEE REPORTS   

Granville Foundation – (Montgomery)

No report. 

Granville Recreation District – (McGowan)

Councilmember McGowan reported that the GRD winter activities were in full swing and early spring activities were now being advertised. 

Granville Arts Commission – (O’Keefe)

No report.

Planning Commission – (O’Keefe)

Councilmember Johnson reported that Day y Noche was approved for new lighting to illuminate their existing sign. 

Open Space Committee (O’Keefe)

No report

Tree & Landscape Commission – (Lerner)

No report.

Union Cemetery – (Barsky)

Vice Mayor Barsky reported that the Fannins would be returning to Granville June 3rd through 25th.  The official cemetery work day was scheduled for June 6th

OTHER COUNCIL MATTERS 

Council expressed no objection to the transfer of the liquor license for the Granville Golf Course. 

Councilmember McGowan expressed concern about the lack of sidewalk snow removal by one local business downtown.  Manager Stilwell indicated that the corporate office was contacted and advised of their responsibility.  The expectation was for improved performance. 

Clerk Prasher presented Council with an appeal packet filed against a decision made by the BZBA regarding an application submitted by Denison University for a solar array.  Council scheduled an appeal hearing for March 4th beginning at 5:00pm at Village Hall.  The hearing would be adjourned to view the specific Denison property.  There would be no testimony given or comments made at that time.  The hearing would be adjourned and resume at 7:30pm in Council Chambers.   Packets would be mailed or provided this evening to the appellants and applicant. 

Mayor Hartfield asked that the Law Director provide information to the appellants as to how the appeal hearing functions. 

Councilmembers asked if Denison could provide a drawing of the actual array design and layout.  If would be helpful if property boundary lines were designated as well as the array location.

Law Director King advised that as this appeal was a de novo hearing, additional information and testimony could be given and received.   Mr. King would provide an easy to understand explanation of how the hearing would work to the appellants.  Village Council would receive a privileged memo.  No one was to discuss the case or visit the site.  Sites visits could only be made en masse.  Law Director King advised that he could not provide any legal advice, but could answer questions about how the hearing would function.

Manager Stilwell advised that appellants that if they had additional evidence that they would like Council to review prior to the hearing, all evidence would need to be turned in by Wednesday, February 25, 2015 as a courtesy.  That evidence would then be provided to Council and the applicant. 

Gill Miller, 411 Welsh Hills Road and appellant, asked if Denison needed permission to cut and remove the trees in the Bio Reserve.  Jeremy King, Denison Sustainability Coordinator, indicated that permission was needed to remove these trees per meeting minutes Ms. Miller had read.  Don Hostetter, Chair of the Village Tree & Landscape Commission, responded that he attended that meeting of the Denison Campus Tree & Landscape Committee.  Denison needed to remove any trees prior to the return of the long-eared bat and the Indiana bat.   These bats roosted in many of the trees in the area proposed for the solar array.  The EPA required that all trees over six inch circumstance be removed prior to the roosting of the bats.  As these trees were on private property, the Tree & Landscape Commission was not responsible for reviewing tree removal.  Law Director King confirmed that individual property owners had the right to remove any trees located on private property. 

(Ms. Miller agreed to forward Manager Stilwell a copy of the minutes she referred to earlier.) 

Barb Stiltner, 451 Welsh Hills Road and appellant, asked who had control of the trees.  Mayor Hartfield advised that Denison had control of all trees located on their private property.   The Village had no control over trees located on private property.

Brett Stiltner, 451 Welsh Hills Road and appellant, advised Council that Denison had promised to provide local residents with a final plan of the array and no plan had ever been provided. 

Vice Mayor Barsky asked if Council would receive legislation regarding the operation and maintenance of the four traffic signals associated with the Cherry Valley interchange project.  Manager Stilwell responded in the affirmative.  That information was still being reviewed.  The Village would most likely contract with the City of Newark for the maintenance of the traffic signals. 

Vice Mayor Barsky asked about the impact to the Village of the reduction of income tax as recently passed by the State legislature.  Manager Stilwell indicated that information was still being reviewed, but he did not anticipate much of an impact.  Council would be provided information when it was available. 

Councilmember Montgomery asked about any additional information regarding the Church owned property on Newark-Granville Road.  Law Director King advised that the property owners were considering requesting a demolition permit again.  Law Director King and Church Counselors were discussing the issue to determine if there was any new information would be considered as a general request for demolition could not be resubmitted.

ADJOURNMENT (9:14pm) 

Councilmember McGowan made a motion to adjourn.  Second by Vice Mayor Barsky.  Motion carried.

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