Granville Community Calendar

Council Minutes January 20, 1988

1
1
REGULARLY SCHEDULED COUNCIL MEETING
VILLAGE OF GRANVILLE
JANUARY 20, 1988
CALL TO ORDER
May6r Eisenberg called the meeting to order at 7: 30 p.m..
ROLL CALL
Councilmember Morrow
Councilmember Rader
Councilmember Hughes
Councilmember Malcuit
Councilmember Avery
PUBLIC HEARING
Vice Mayor
Mayor
Law Director
Manager
Schnaidt
Eisenberg
Munro
Plunkett
A public hearing was held at this time on the following legisla- tion:
Ordinance No. 1-88 -An Ordinance To Amend Section 529. 02 (c) Of
The Codified Ordinances, Adding Beer To The Prohibition Against
Sales To Minors. '
No one .appeared to speak for or against this ordinance. Public
hearing closed at 7: 36 p.m..Action on this ordinance was held for old business.
MINUTES
January 6, 1988 -Regulat Council moved that Meeting -Councilmember Morrow the minutes be approved as amended. Motidn seconded by Councilmember Hughes. Motion carried.
CITIZENS' COMMENTS
Those who signed the register were:
Archie Shafer Keith Newhouse
Helen Hoelker
Archie Shafer appeared this evening to see if Council came up with any other solution to resolve the storm drainage problem Ntheawthopulsaeg.ues his property and his neighbor to the west, Mr.
It was explained to Mr. Shafer and to Mr. Newhouse that as a result of Council' s tour, a lot of questions and fact finding fwouilnldb. e necessary before any solution to the matter can be
Questions and discussion followed among members of Council, MPrlu. nSkheattf.er, Mr. Newhouse, Law Director Munro and Manager
1
1
Council Meeting Minutes
Village of Granville
January 20, 1988
Page 2
Members voiced a concern that Mr. Newhouse built his home
in this area with full knowledge there was a water problem.
A worksession was scheduled at this time for discussion on
this matter, and hopefully some resolution to the Shafer/ Newhouse
water problem.
A copy of Ms. Munro' s opinion regarding the Shafer/ Newhouse
matter is hereby attached as part of these minutes.
Manager Plunkett stated that he would like to go back to the
engineer and ask him to reassess the area. Further, that the
Village would need an easement from Mr. Shafer and Mr. Newhouse
before any work could be done.
Mr. Clark Snyder appeared this evening to ask Mayor Eisenberg if
he would designate Sunday, February 7, 1988 as Four Chaplains'
Sunday in the Village of Granville, and sign a proclamation to
that effect. Mayor Eisenberg responded and said he would be
happy to, and directed the clerk to prepare the proclamation for
his signature.
MANAGER' S REPORT
The Manager' s Report for the month of December, presented 1987, was stated, and reviewed by members of Council. Manager Plunkett that the new meters for Denison University are in, and that Utilities Director Joe Hickman, has contacted Denison maintenance to schedule the installation of these new meters before February 1, 1988.
Following review of the Manager' s Report, Councilmember
Rader moved that the report be approved. Motion seconded by Councilmember Malcuit. Motion carried. A copy of that report is hereby attached as part of these minutes.
COMMITTEE REPORTS -None
OLD BUSINESS
Ordinance No. 1-88, "An Ordinance To Amend Section 529. 02 (c) Of The Codified Ordinances, Adding Beer To The Prohibition Against Sales To Minors"w,as moved for adoption by Councilmember Schnaidt. Motion seconded by Councilmember Avery. Roll call vote: Schnaidty-es, Averyy-es, Hughesy-es, Radery-es, Malcuit- yes, Morrowy-es, Eisenbergy-es. Seven yes votes. Motion carried. Ordinance No. 1-88 duly adopted.
Status Of Waste Water Treatment Plant -It was noted at this time that Kokosing Construction Company has filed a Demand For Arbitration to recover monies due and owing to Kokosing for work performed on the final change order on the Waste Water
1
1 Council Meeting Minutes
Village of Granville
January 20, 1988
page 3
Treatment Plant project. The Village has 7 days from the time of
notice to respond. The Village can counter claim, which would
require a $300 filing fee. This fee could go up in increments to
750. Ms. Munro explained to Council what this "Demand for
Arbitration"m,eans to the Village and how important it will be
to get all the facts in order and to respond within the timetable
allowed. Ms. Munro stated that she would need authorization from
Council to spend up to $750.
A lengthy question and answer session followed between
members of Council, Law Director Munro, and Manager Plunkett.
NEW BUSINESS
Resolution No. 88-3, "A Resolution To Fill Vacancies On The
Development Commission"w,as introduced, read in its entirety,
and moved for passage by Councilmember Avery. Motion seconded by
Councilmember Schnaidt. Discussion followed. among members of
Council with regard to current procedures on filling vpcancies
on Boards &Commissions. Motion carried. Resolution No. 88-3
duly passed.
Resolution No. 88-4, "A Resolution To Fill A Vacancy On The
Board Of Zoning &Building Appeals", was introduced, read in its
entirety, and moved for passage by Councilmember Morrow. Motion
seconded by Councilmember Rader. Motion carried. Resolution No.
88-4 duly passed.
Resolution No. 88-5, "To Authorize The Village Manager To Adver- tise For Bids For The Purchase Of A New Police Cruiser"w,as introduced, read in its entirety and moved for adoption by
Councilmember Hughes. Motion seconded by Councilmember Rader. Motion carried. Resolution No. 88-5 duly passed.
Resolution No. 886- , "A Resolution Accepting The Amounts And Rates As Determined By The Budget Commission And Authorizing The Necessary Tax Levies And Certifying Them To The County Auditor",
was introduced, read in its entirety, and moved for passage by Councilmember Schnaidt. Motion seconded by Councilmember Avery. Roll call vote: Schnaidty-es, Averyy-es, Morrowy-es, Malcuity-es, Hughes- yes, Rader-yes, Eisenberg-yes. Seven yes votes. Motion
carried. Resolution No. 88-6 duly passed.
Resolution No. 887- , "To Authorize The village Manager To Enter Into A Contract With The Water H. Drane Company For The Updating of Granville' s Codified Ordinances", was introduced, read in its
1 Council Meeting Minutes
Village of Granville
January 20, 1988
Page 4
entirety, and moved for adoption by Councilmember Malcuit.
Motion seconded by Councilmember Morrow. Discussion: Manager
Plunkett stated that he received two prices for this updating,
the other price quote was for $8400. Further, the Village use to
be able to get by with a recodification every ten years. Now,
going beyond three years is impractical. Motion carried. Resolution
No. 88-7 duly passed.
Resolution No. 88-8, "A Resolution To Appoint Members To The
Granville Improvement Board", was introduced, read in its
entirety, and moved for adoption by Councilmember Morrow. Motion
seconded by Councilmember Rader. Motion carried. Resolution No.
88-8 duly passed.
Ordinance No. 2-88, "An Ordinance To Amend Ordinance No. 32-87
Providing For Adjustments Of The Annual Budget For The Fiscal
Year 1988 And Revising Sums For Operating Expenses", was introduced
and title read in its entirety by Councilmember Avery. A
public hearing on this ordinance was scheduled for February 3,
1988, at 7: 30 p.m..
Kiwanis RequestT/ree Tapping
Manager Plunkett noted to Council that he received a letter from
the Granville Kiwanis requesting permission to tap Village
trees. He asked for a consensus of Council on this request.
Council approved.
Manager Plunkett also mentioned that he has been asked by the
Board of Education Building Committee to serve on a committee to
study possible uses of the present Middle School once a new
facility is built. Council approved.
MEETING ANNOUNCEMENTS
January 28, 1988 -7: 30 p.m.. M-eeting at the Granville High
School, Cafeteria -Joint meeting with the Board of Education,
Granville Township Trustees, and Village Council.
ADJOURNMENT
Councilmember Rader moved for adjournment. Motion seconded by Councilmember Avery. Motion carried.
1
1
1
Council Meeting Minutes
Village of Granville
January 20, 1988
Page 5
Meeting adjourned at 9: 50 p.m..
3 -
9 It' a
C1 z/** ,*
C7R/1L .£ Clerk of Countil
intsi„A Aayor
MANAGER' S REPORT
WATER DEPARTMENT
Total Produced (MC)
Daily Average (MGD)
New Meter Install.
Cust. Svce. Requests
Meters Repaired
Meters Replaced
Final Readings
WASTEWATER TREATMENT
Total Treated (MG)
Daily Average (MGD)
Sludge Removed (MG)
ITEMS OF SPECIAL INTEREST
Dec. 1987
24.017
775
8.959
289
2.80
Nov. 1987
24. 51
7. 73
Dec. 1986
25.828
833
5
6
10
16. 023
517
040
Repaired fire hydrant corner of Cherry and West Maple Streets
All hydrants have been pumped dry to eliminate freeze-up
Newark-Granville Road -new 12" main is now in service except for 6 taps.
Discovered water plant effluent meter 3%high.
High. flows that were· registered on December 7& 8 were from flushing the
new 12" main.
Note:
MG) Million Gallons
MGD) - Million Gallons Per Day
82
1 0 5
12 18 13
3 2
1 16
20 30
28
16
Manager' s Report
Page III
SERVICE DEPARTMENT
DEC' 1987 NOV. 1987 DEC. 1986
Amount Manhours Amount Manhours Amount Manhours
New Signs 7 .
Signs Replaced 2
Street
Maintenance
4 Ton
Hot-Mix-Tons)
Streets Swept
Hours)
Inlets Top 90
Cleaned)
Inlets Cleaned
ALL
Inside)
Storm Lines
Cleaned (Jet
1 line
Truck)
Inlets Repaired,
Adjusted or
Rebuilt
Grass Mowed
Acres)
Brush Picked Up
and Chipped
5 Loads
Loads)
Leaf Pickup
Loads) 1 Load
Snow Removal
Salt Water
Gallons) 40, 000 Gal.
Trash_ Pickup
Shop &Offices
Cleaned
Backhoe Worked
Days) Day
Berm Work Tons-
Gravel)
Street, Curb and
Guard Rail
painting
Other Projects -
7
See attachment
Call Out 4 Times
ZONING
Building Permits
Remodeling Permits
Sidewalk Permits
Demolition Permits
Sign Permits
SPECIAL INTEREST ITEMS
64
3*
343.5
1-Home )
2 (1-Addition)
1
2
6. 5 Ton
19 Aaads
2, 000 Ga
3 Days
3 Yimes ,
VEHICLE MAINTENANCE
WELFAIR WORKERS
COMMUNITY SERVICE
4 3 Ton
5,500 Gal
30 ***
Ton
2 Units
1 Office
1
0
1
1 Tem .
164 Hrs.
97 Hrs.
20 Hrs.
93
2
8 1 2 3
2 1 2
2 35
40
25 All 6 72 23
12 All 7 53 85
8
t**
40 11 99
6 79 636 17 275
8 15
40 28
30 22
39 21 16
4 24 4
5 84 108
30 15 2 9
0
2
0 0
0 1
0 0
OTHER PROJECTS FOR DECEMBER 1987
1) Cleaned paint machine
2) Installed fire hydrent on RT. 16
3) Removed leaf box from truck
4)Repaired water line
5) Trimmed trees on Welsh hills, Burg, Shepardson,
6) Removed tree from bike path
7) Cut and removed trees from the wind storm
22 Hrs,
4 Hrs.
25 Hrs.
24 Hrs.
Chapin-82.5 Hrs.
6 Hrs.
180 Hrs.
343 total Hrs.
f r...
4
GRANVILLE POLICE DEPARTMENT
Manager' s Monthly Report"
PATROL ACTIVITIES
Parking Tickets
Traffic Citations
Traffic Stnpq
Traffic Direction
Vehicle Chprkq
Impounds & Towing
Motorists Ass{tq=
House C] prks
Foot Patrols
Unsecured Buildings
Suspicious Persons
EmergencyF/ire Assistq
Mbtual Aid
pntrnl Time
COMPLAINT ACTIVITIES
Injury Arridentq
Non=Injury Arridptits
Investigations:
Coniplaints
Offenses
Arrests: Total]
Felony
Mi Arlprtpa-r- -}
Cliarges Filed: T [otal]
Felonyl
Misdemear,or1
ADMINISTRATIVE ACTIVITIES
AdminS/pecial Detail 1
Services:
FLEET USAGE
Mail
Hand Delivered Mail
Funeral Esrorts
Bank Eqrnrte
DECEMBER 1987
MONTH
Fuel Utilized.
Total Mileage 4229
Vehicle]
1987 Ford
1985 Chevy Celebrity
1983 Chevy Impala
12 1
0
6
12 1
5
15559
67220
78541
N 1111.R 1987
IUN'11
52
47
98
05
147
I0
46
917
161
I 7
t
21-
0
Oditeter]
25
68
4
61_1
4298
216
4()
L30-
0
14
30 1
0
30
L#1-les 1
Chief of Police
3499
93
637
2(JO
20
3
66
60
5I
89
72
2
34
1080
174
2Z
IL
2
I0
346. 1
3777
7
83 1
I2
1 0
4 9 4
1
504 494
I5
26
2
2
1
1
J
49
6I
110
70
152
5
32
1368
164
I8
22
2I
19
375
191
23
561
28
27
0
504.4
STATE
DEPARTMENT
Ul Vi.n.LUN
3.= rry E -R-A N V_L_L_E
MONTHLYFUND REFOR-1-
6.. ACCOUNT BALANCE
7F-FO!i,«1 1»LIN A i 0-in-LNNING
3/, E
l.l
0,
REPORT NO.
PAGE 1
DATE
MONTH OF
Rli_n.1 1-' i S
0„i A 1 GENERAL 202.895.60 58.017.00
12·
13· E -5 1 Kcn J - 11.60Z.- 4.ZCS.13
4 3-2 THISHWAY 20=99. 340.95
Ill,
1--:B 7 REVENUE SHARING 1.542.63 00
112
1r„-FTSF-ERMrESrMrT- 0.030---.-- . 3=
Ct' r -1."JJ*8=1 . 5=RVICE 40.673.36 1.1.582.ZZ
5=c Z SEWER CONSTRUCTION FUND 268.487.S 1. 444.43
L 2. b.E.WCK 'KnKLALEME|41 d .LMPKUVEMEN i
0=€
r D Z OWDA CAPITAL IMPROVEMENT
1
0=D 3 OWDA CAPITAL IMPROVEMENT
601
t,i I n .1. . -WH i.kK:
r E 2 SEWER
E 6 SEWER DEBT SERVICE FUND
r-rr-J=WER .LE1:,bkjAVICER-ESERVEF-UND
0
39.
0
0-
643
eL
S

E91 WATER CAPITAL IMPROVEMENT
E92 SEWER CAPITAL IMPROVEMENT
F--/ kbi.Rvs;
13 3 +T 1 {FEGREEN ESCROW
40.803.03
00
00
62-.19'/6.
17,973.21
78.811. 98
155,411.26
30.138.91
6,962.65
1551'£5.64
6.633.21
f H 1 SPECIAL ASSESSMENTS 19,395.19
is,-'·3---Z"---·;·.-:. G R-AN»DT -·O»T*A L:S *•1**1-15.4981..0 +
52
0.*
2,463.94
29,069.28
16.341.38
r=c, 09-
7,816.35
00
00
00
00
00
R 13
OF' ER 0
2/21/57
DECEMBER
BALANCE
D_T- SEL]RD AT MONTFFXND ENCUMBERED UNENCUMBERED
46.244.34 12-668.26
2,4/0.07
230.35
750.00
00
00
00
17.596.92 195,071.34
14.065.31 1,192.66
315)9. 00
792.63 00
00 00
461.71 00
2691.6,6- 43.573.00
12.672.65
ZIZ.59
7C.63
52.461.71
A.356.66
00 43.266.97 00
00 00 35.373.00
00 00 00 00 00
44,375.76 66,921.48 54,528.48 ' ··12,393.00
1 C e-P=c. 20.781.05 0..-I, ... 17.622.52 1-1. .
00 79, 197.21
00 163,1-7-.61
2.303.50 27.835.41
00 6,952.65
00
00
00
150,515.64
6.633.21
19,395.19
00 79,197.21
00 1637.6,1-
00 27.835.41
561.00 6,421.65
00
00
00
1.67.2..04 -* 114.180.56 +11.34.989.58 4 1557. 77.59 *
43.266.97
00 35.373.00-
150,515.64
6,633.21
19,395.19
979.211.99 4
5
ti7
J. GILBERT AEESE
JAMES H. McNENNY
JAMES W. PYLE
ROBERT N. DRAKE
CHRISTOPHER A. MEYER
I. RUSSELL SUSKIND
ANN C. MUNAO
DAVID W. WENGER
THOMAS M. MAACELAIN
J. ANDREW CRAWFORD
LISA A. MINKLEI
LAW OFFICES
REESE, McNENNY, PYLE & DRAKE<
36 NORTH SECOND STREET
P.O. BOX 919
Village of Granville
118 South Main Street
P. 0. Box 514
Granville, Ohio 43023-0514
NEWARK,OHIO 430550-764
TELEPHONE ( 614)345- 3431
January 7, 1988
ROBERT H FLORY 1934- 1962
WILLIAM F. FITZGIBBON 1948- 1975
OF COUNSEL
RICHARD C. PAUGH
Attention: Douglas Plunkett, Village Manager
RE: Shaffer/Newhouse
Dear Mr. Plunkett:
YOU have asked for my opinion with respect to the responsibility of the Village to alleviate damage caused to private pir.o6pe.rt,y by the flow of water collected by public improvements storm sewers) and directed into a ditch on private property. 1980 wThheen law in Ohio regarding surface water rights was changed in in McGlashtahne, eOthioal.SuvpremSepadCeourRt oacdkolepdtgeed thTeerrraecaesonable use doctrine Corp.,66 Ohio St. 2d 55( Condo Development civil 1980).Earlier Ohio cases had applied the which flalowweRdulenawtuhircahllyrefqruomired lower landowners to accept all water natural flow imposed liabilituypper landowners. Interference with the lower landowners caused by thaont itnheterufpepreernclaen.dowTnheer refoasrondaambalegeustoe fdroomctrianepcrohapnegretys ltahwe aannaalylyssisis of the courts in water rights cases to a tort law analysis. The result wtheillredaespoenndablienneesasch case on an analysis of the facts, a balancing of and the extent of theofdathmeageucsaeus/inedterference, the utility of the use by the use.
The reasonable use doctrine can be stated as follows:
Each possessor is legally privileged to make a reasonable uaslteeroefd hthiserelabnyda,ndevecanustheosughsomtheehaflromw of surface water is possessor incurs liability to others, and the interference only when his harmful with the flow of water is unreasonable.
Mr. Douglas Plunkett
January 7, 1988
Page 2
Earlier Ohio cases distinguished between man-made diversions which increased the volume which flowed through the natural course or a natural drainage channel from water artificially diverted outside cases where water was channel. The former a natural water course or drainage the person who increasceadsestherefsloulwte.d inTnheo lilaabtteilirty being imposed on cases, where the
finding was that the water flow had increased beyond the capacity of the natural water course, liability was imposed on the person who caused the increase.
Under the reasonable use doctrine, the court' s first task is to determine that there has been an interference with the natural flow and a resulting harm. From the factual determination of the harm, the Court then proceeds to analyze the alternatives available to the person who has caused the damage, the utility of the use which caused the damage and the utility of the use of the lower landowner. The harm caused by the upper landowner will result in liability if that harm exceeds the utility of the use by the upper landowner.
In McGlashan, the Ohio Supreme Court refers with approval to two cases decided before 1980 in lower courts which applied the reasonable use doctrine to facts which are similar to those at hand here. Also in 1981, the Court of Appeals for Cuyahoga County aarpepliesdimthilear reatosontahbele ufasectsdoctrine to facts and circumstances which here. In each case, the defendant municipality had superimposed its storm sewer system on a natural water course, thereby increasing the flow beyond the capacity of that natural water course. Flooding of property along the water course resulted. These cases are discussed below.
In the following cases, the courts imposed liability on the municipality for damages caused by the use after determining that it was unreasonable and preventable.
In Chudzinski et al.,151 (Lucas County, 1976), v City of Sylvania, et al.5,4 0 App 2d the judgment of Common the Lucas County Court of Appeals reversed City of Sylvania, findingPleas Court of Lucas County in favor of the unreasonably in requiring that the City of Sylvania had acted the installation of a 48-inch tile at the inlet of a ravine, thereby increasing the water flow through the ravine to accommodate center. 200 residential properties and a shopping increase Prior to the development which led the City to require the 130 in the diameter, the ditch had drained a very small part of any cahcarensgeoifnunthime psroizveedolfanthde. The City of Sylvania did not require pipe of the outlet of the ravine. The Court sent the case back to the lower court to determine whether or not the requirement of the 48-inch tile at the inlet end was reasonable under the circumstances when no increase in the size of
Mr. Douglas Plunkett
January 7, 1988
Page 3
the tile at the outlet end was required. The Appeals Court
specifically directed the Common Pleas Court to apply the reasonable
use doctrine articulated in the Restatement of Torts.
Similarly in , Myotte v. Village of Mayfield, 54 Ohio App 2d 97
Cuyahoga County, 1977),the Village was held liable for damage due
to flooding where in the course of development of an industrial park
which benefitted the Village, the Village permitted the replacement
of the natural water course with storm sewers which were 48 inches
wide and later expanded by the installation of an additional 42 inch
pipe without providing relief at the outlet end where a 27 inch pipe
had been installed prior to the new development. The damage to the
plaintiff' s property was significant and reduced its appraised value
from $58, 000 to $13, 300. The Court found the Village could have
solved the problem at a relatively small cost and found its failure
to do so unreasonable and therefore held it liable for the damage to
the plaintiff.
In Accurate Diecasting Company v City of Cleveland 2 Ohio App.
3d 386 (1981),the Court of Appeals for Cuyahoga County affirmed the
judgment of the lower court in favor of the plaintiff holding that
the storm sewer system imposed by the City of Cleveland upon a natural water course was an unreasonable use where it connected
three independent storm sewers to a single sewer which could not
handle the combined flow, causing intermittent flooding of
Plaintiff' s property. Furthermore, in that case the Court
specifically found, relying on earlier case law, that the City of
Cleveland was not entitled to the defense of sovereign immunity.
FACTS
The facts as I understand them are as follows:
1. Archie Shaffer and Kirk Newhouse are owners of parcels adjoining Granvilleo.f real estate located on the south side of West Broadway in
2. A natural depression is located along the common property line and runs from north to south along the westerly line of the Shaffer property and the easterly line of the Newhouse property.
in-law3. exMteynrdoend Ickes, Newhouse' s predecessor in interest and father- the natural depression or ditch by digging a ditch
Htoe mdraainintaihniesdgtahredenditwchhic.h was located on a low part of his property.
4. The ditch is no longer maintained because Mr. Ickes is dead and the property is not used for a garden.
1
Mr. Douglas Plunkett
January 7, 1988
Page 4
5. There is a raised railroad bed, now used as a bike trail,
located south of both properties and north of Raccoon Creek.
6. There is no opening through the railroad bed which would
permit the water which flows onto the Newhouse and Shaffer
properties to flow into Raccoon Creek.
7. There never has been such an opening though there is one
further west along the bike path.
8. Shaffer has owned his property for many years.
9. Newhouse acquired his property from his late father-inlaw,
Myron Ickes. Mr. Newhouse recently built a house on an area on
the low part of the property in the vicinity of the garden his
father-in-law had had.
10. Two (2) 12-inch culverts which collect water from catch
basins along Broadway carry the water along Broadway from east to
west and empty it into the ditch. These culverts were installed by
the County or State within the past 20 years or so. The culverts
collect water from areas as far east and north as Burg Street.
11. In recent years there has been
Broadway which replaced existing buildings.
12. The effect
water diverted to
established.
new construction along
of this construction on the amount of storm
the Newhouse/Shaffer ditch has not been
13. Mr. Shaffer reports an increased flow and erosion of the
ditch and flooding along the southern edge of his property. Mr.
Newhouse reports a wet basement.
14. There
the Village or
apparently it
many years.
15.
is no recorded easement or other instrument granting
the County any rights to use the ditch though
has been used as part of the storm sewer system for
The natural capacity of the ditch is not known.
16. The amount of increase in flow, if any, caused by the West
Broadway storm sewer and the additional construction has not been
established.
Mr. Douglas Plunkett
January 7, 1988
Page 5
17. The
Shaffer/Newhouse
established.
natural flow through the ditch and onto the
formerly Ickes) properties has not been
In this case, the facts to be determined before assessing the
liability are:
1. What is the natural capacity of the ditch?
2. Do the culvert and the West Broadway storm sewer system
extend the natural water shed which drains into the ditch?
3. Has the capacity of the natural water course been exceeded
by the culverts which are now emptying into the ditch?
4. Are the landowners injured by the imposition of the
Village' s storm sewer system on the ditch?
5. Are there reasonable alternatives available to the Village which would alleviate the problem?
The law in Ohio with respect to the liability of municipalities
to landowners the natural for damage caused by the imposition of storm sewers on water course depends on the facts in each case. The
capacity of the natural water course must be exceeded by the
imposition; damage to the landowner must result; there must be a reasonable alternative to alleviate the damage caused available to the Village. If all of these facts exist, the Village will be
liable for any harm caused to the landowner and will be required to alleviate the damage.
In this case there are several unknowns which should be
explored. They are:
1. The water flow prior to the construction of the storm sewers along West Broadway.
2. Alternatives to the storm sewer system as it is now constructed and the cost of those alternatives.
3. Is the cost of those alternatives less than the damage caused to Shaffer and Newhouse?
4. How should the cost of alleviating the harm be shared?
Mr. Douglas Plunkett
January 7, 1988
Page 6
5. Is the result different when Mr. Newhouse constructed his
property in an area which has been wet for many years?
It is my opinion that if the storm sewers have increased the
flow into the ditch beyond its natural capacity and injury has
resulted to the landowners, the Village is responsible for
alleviating the drainage and/or abating the injury. To the extent
the damage is caused by natural flow, the ' Village is not
responsible. Some fact finding is necessary before a decision can
be made on the Village' s responsibility. No improvements should be
constructed without obtaining easements from the landowners.
Please call if I can be of further assistance. I have attached
the three cases discussed above.
ACM/mg
Enclosures
Very truly yours,
REESE, PYLE, DRAKE &MEYER
By: 0QLK
Ann C. Munro
MEMO
To:
From:
Date:
Re:
Village Council
Douglas E. Plunkett
January 21, 1988
Shafer/ Newhouse
The enclosed letter from Ann Munro is self-explanatory. So
is the date: somehow, I must have over-written the tape on which
I originally dictated this memo. I apologize for the undue delay
in getting this out to you.
I have sent a copy of this to Jerry Turner as well. The
questions posed by Ann on pages 5& 6of the letter will probably
be only partially answerable.
Douglas E. Plunkett
Village Manager
DEP: cm
Enclosure

Employee Payroll / Compensation

The Village has thirty-six (36) full-time employees, 16 regular part-time employees and seaonal employees. Village Personnel Policy

Go to My Pay Stub and login.