Granville Community Calendar

Council Minutes DECEMBER 7, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
DECEMBER 7, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:34 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
PUBLIC HEARINGS
Vice Mayor Marshall
Mayor Marshall
Law Director Hurst
Manager Plunkett
A public hearing was held on Ordinance No. 34-94, " An Ordinance To
Amend Section 1177.04(d)( 1)OfThe Codified Ordinance Of The Village Of Granville."
No one appeared to speak for or against Ordinance No. 34-94. The public hearing closed at 7:34 p.m.
A public hearing was held on Ordinance No. 36-94, " An Ordinance To Amend Section 1137.02 OfThe Codified Ordinances OfThe No Village OfGranville." one appeared to speak for or against Ordinance No. 36-94. The public hearing closed at 7:35 p.m.
A public hearing was held on Ordinance No. 37-94. A"n Ordinance To Amend Section 1147.01 OfThe Codified Ordinances OfThe Village OfGranville." No one appeared to speak for or against Ordinance No. 37-94. The public hearing closed at 7:36 p.m.
A public hearing was held on Ordinance No. 38-94, A"n Ordinance To Amend Chapter 1189 OfThe Codified Ordinances OfGranville, Ohio Establishing Sign Code Regulations."
Bob Allen. proprietor ofBrew's Cafe D&eli, stated that he had received a letter from Village Planner Doug Tailford notifying him that his neon window sign was in violation of the code and must be removed. He stated that earlier in the year he had been told by Mr.Tailford that neon signs were permitted as long the sign changed yearly.Mr.Allen stated that he realized there was much publicity concerning signs however,Council must realize that businesses need to advertise. He stated that Mrs.Huey had complained that his neon sign had been installed for over a year. He stated that she was incorrect in her accusation and that he had
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sent her a letter stating so. He stated that he runs a nice respectable business and
needs to use signs as a means for advertising.
Councilmember Bennett stated that he had submitted an amendment to the
sign code which addressed neon signs. He stated that because of a communication
problem, the changes had not yet been put into ordinance form. He stated that it
was and still is his intent to have those changes put in ordinance form and
brought before the Council.
Mayor Eisenberg stated that he agreed that the sign code needed further
discussion. He stated that Council could debate the issue under old business.
Mayor Eisenberg closed the public hearing on Ordinance No. 38-94. at 7:40
P.m.
A public hearing was held on Ordinance No. 40-94,An Ordinance To Amend
Section 921.07 OfThe Codified Ordinances Of Granville. Ohio, Establishing Sewer Regulations And Charges.
No one appeared to speak for or against Ordinance No. 40-94. The public hearing closed at 7:45 p.m.
A public hearing was held on Ordinance No. 41-94, " An Ordinance Granting
An Exclusive Franchise To Waste Management To Operate And Provide Curb Refuse Side Collection In Granville And Setting Forth The Terms And Conditions
Accompanying The Grant OfThe Franchise And Providing For Regulation Of Refuse Hauling."
Libby Smith of 467 West Broadway stated that the franchise was for curb service. She stated that she currently uses Big 0" "for her trash service and that Big 0" "comes up her long driveway to pick up her trash. She stated that she is elderly and there is no way she would be able to take her trash to the bottom of her driveway and that she resented being told who would provide her trash service, and resented having to do away with service from Big "0".
Mayor Eisenberg stated that back door pick up for senior citizens and disabled persons was an issue posed to Waste Management.Waste Management will provide back door service for any senior citizen or handicapped person. He stated that seniors will also receive a 10%discount.
Rick Campbell ofWaste Management stated that senior citizens will receive a 1$.00 discount per month. He stated that the handicap would receive back door bseercvihcearagtenod3 c$.h0a0r.ge. He stated that anyone else wanting back door service would
Vice Mayor Marshall stated that he had misunderstood Mr. King at the last Council meeting.He stated that he was under the impression that seniors could receive the back door pick up at no charge.
Libby asked what the monthly rate was for pick up? Manager Plunkett stated that without recycling the cost would be $ 7.05 per month. 1
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Sally Hannahs of 423 East College Street asked where Council drew the line
for something like service. She stated that if the Council would pay for her garbage
service. then perhaps they could choose which company she should use. She
stated that when she pays her monthly garbage bill it is like a service. She asked if
the Council was going to choose her cleaning service or her lawn service?She ask
where the authority for the Council to do such a thing came from?
Manager Plunkett stated that the authority to issue franchises comes from
the Charter. He stated that the Council can issue a franchise for any service that
Council feels is in the best interest of the community.
Sally Hannahs stated that there are many voices that say they do not want
this franchise. She asked if Council would say only one cement company could do
business in Granville or one lawn service company?She stated that she does not
understand the reason for this. She asked why this was again an issue?
Manager Plunkett stated that Council banned together as a municipal
government to provide the services that a large number of citizens asked for.
He stated that when the solid waste was a big issue there was much publicity. He stated that more Council looked at the issue and saw an opportunity to
save money and wear and tear on Village streets and that Council then put
together specifications and put the project out to bid. The Council had voted down the issue. He stated that now two years later, the bids have come in again and the rates are cheaper.Mr.Plunkett stated that he personally uses Johnson Transfer for garbage and Waste Management for recycling.He stated that he can now get the same level of services for a cheaper rate. He stated that the Village would save 8,000 to 9$,000 on the spring clean up/fix up week and save on wear and tear of streets. He stated that Council saw an opportunity to save money and that is why it is again an issue.
Sally Hannahs stated that income tax is for services like spring clean up. She stated that she did not know how the whole thing worked.
Councilmember Garrett stated that Council represents the public and that when one votes for a member of Council they are saying t"his is who I want to representme.S"he stated that several years ago John Ashbrooke and Mc Donald both made a similar statement. y "ou elect us because you trustus"....... Interrupting Councilmember Garrett,Ms. Hannahs stated that she understood how government worked.
franchiMseasy.or Eisenberg stated that the Charter gives Council the authOIity to issue
read Ms.Hannahs stated that she had never seen that and would like to have it to her.
Mayor Eisenberg stated that 70%ofGranville residents use Waste cMoasnt.agement.He stated the others would realize a 20 to 30 percent reduction in
less. Ms.Hannahs stated that she would be paying more so that others could pay
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Clara Buckles stated that she has used Big "0"and she is very satisfied with
their service.
Guy Martin stated that Big "0"gives him back yard pick up. He stated that
if you live near sugar loaf park varmints terrorize your garbage. He stated that if
one puts their garbage out by the street. the cans get knocked over and garbage
blows all over the neighborhood. He stated that he did not want his garbage
blowing all over the neighborhood and that he wanted to have a choice of who
hauls his trash. He stated that that was his decision, not Council's. He stated that
it was a matter of choice and a personal issue.
Jhonnie Valdes of 15 Sunset Hill stated that in her opinion, a single trash
hauler is a win-win situation. She stated that it would give people a chance to
recycle. She stated that she sees it as reducing rates and saving thousands of dollars for the Village:
Trump Bradley stated that he had arrived in Granville thirty years ago when Linn Hauling was the only such business in Granville. He stated that the reason
was Village Council issued a single trash hauler license then. He stated that Linn
Hauling had not performed to his satisfaction and that he then contacted Ideal
Sanitation and received excellent service. Ideal Sanitation was later bought out by
Waste Management. Waste Management informed customers that they would longer provide back door no service. He stated that from that day on, he had used Big U.
Mr.Bradley stated that his property doesn't lend itself to carrying garbage to the street. He stated that he has been using Big 0" "for years and that Big 0" " doesn't charge for additional recycling. He stated that it was his understanding that a year or two ago,Big 0" "was awarded a contract. however it never happened.Mr.Bradley stated that this time certain conditions prohibited Big "0" from even bidding.He stated that he has been using Big 0" "for years and they have done a hell of a nice job, and would hate to loose them. He stated that if Waste Management screwed up, he would have no one to bitch to except Council. Arie Janssens of 764 Newark Road thanked the Granville Business and Professional Association for their support of not having a single trash hauler.Mr. Janssens asked if the letter received by Council from the GBPA could be read? Manger Plunkett read the letter from the GBPA. A copy of that letter is hereby attached as part of these minutes.
Arie Janssens stated that he had spoken to Mrs.Malcuit who, according to Mr.Plunkett,was in favor of a single trash hauler. He stated that Mrs. Malcuit currently uses Big 0" "and is concerned because she may be losing them. Mr. Janssens stated that the public has been telling the government to g"et off our bbuascinkess"fsor some time.Mr.Janssens stated that Council would be forcing him to do with someone he did not like
Larry Huey stated that he did not have a position on the single trash hauler. He stated that Council should make sure that residents will have the opportunity to pick and choose which services they want. He stated that for an example if
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someone doesn't want to recycle, they shouldn't have to pay for it. He stated that
he did not see anything that specifically said the residents will have the right to
pick and choose services.
Manager Plunkett stated that the only required service is the weekly pick-
UP.
Mr. Huey stated that the franchise is for three years. He asked if there was
anything in the contract that would take care of the township should a merger
take place?
Mayor Eisenberg stated that if a merger would occur, that issue would be
negotiated along with thousands of other issues.
Byron Fillinger of the Granville Apartments stated that he pays $ 275 month for a trash pick-up.
Mayor Eisenberg stated that commercial businesses would not be affected.
Byron Fillinger stated that if Big "0"could not come into town he would be
affected. He stated that he has worked with Waste Management before and they
are totally out of line.
Susan Karian of 234 Welsh Hill Road stated that she was on the committee
a few years back who researched the single trash hauler. She stated that she did
not consider the committee to be experts in the area, however the committee never recommended any certain hauler. She stated that committee had recommended a one year contract and recommended that the selected hauler comply with detailed specifications.A cancellation clause for poor performance was also recommended.
She stated that earlier today when she had contacted Big 0" "they mentioned something about picking up refrigerators.
Councilmember Garrett stated that if the trash haulers pick up refrigerators, the freon must be removed before the dump will accept them. She stated that Dick Sherman will remove the freon.
Susan Karian asked if the project could be rebidded?She stated that Big 0"may be able to bid on the project if it was rebid.
Edith Schories of 128 West Maple stated that the Village is worried about tearing up the streets. She stated that Waste Management has the biggest and the heaviest trucks. She stated that the senior citizens feel penalized because under Waste Management,they will have to pay 2$.00 more for back door service. She mstaotsetdrethsiadtesnetsn.ior citizens should pay less because they have less garbage than
Mayor Eisenberg stated that Big 0" "was not disqualified from bidding. He stated that they were not qualified to bid.
Sally Hannahs stated that she was confused. She stated that Village was going to have the franchise to save the streets. Commercial business can still choose whoever they want to haul the trash. She stated that the trucks will still use Village streets. She stated that the situation confuses her. She stated if Council has a right to protect the residents, they should protect the businesses too. She stated that Big "0"did not bid on the issue because a security check was
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needed and they couldn't put up the money. She stated that independent
businesses can't put up large amounts of cash. She stated that they shouldn't be
penalized because they do not have large amounts of cash. She asked what the
amount of the security bond was that the Village required with the trash bid?
Manager Plunkett stated that he did not remember. He stated that a surety
bond was needed.
Ms. Hannahs stated she wanted to know the amount of the security check.
Councilmember Bennett stated that the bid required a guarantee bond
which was a small percent of the bid.
Ms. Hannahs again asked what the amount of the security check was?
Manager Plunkett stated that he honestly didn't remember the amount.
Ms. Hannahs stated that she couldn't believe that no one knew the amount.
She stated that Big "0"could not bid because they did not have the Gilbert Reese stated money. that he thought in general. government should refrain
from taking action to force people to do things. He stated that this kind of action
leads down the road and will end up embarrassing the Council. He stated that
what they do or appear to do is not good for the Village. He stated that the Village
should not take governmental action to force people to do things they don't want to. He stated that he strongly urged Council to eliminate the idea of a single trash hauler.
Councilmember Bennett asked if another public hearing would be held if the contract was required to be rebid?He stated that a significant change in the specifications for yard waste affected the bid. He stated that he understood that municipal government is different however. at the federal level, if this type of situation came about, rebidding would be necessary.
Vice Mayor Marshall stated that ifyard waste was eliminated, the selected company would be the low bidder.
old Mayor Eisenberg stated that Council could discuss the issue further under business.
Marge Hendey of 740 West Broadway stated that she had been a member of the recycling study committee several years ago. She stated that even though recycling is not a popular thing right now,people should really think about it. Ed Vance ofThornwood Drive stated that he would like to second Mr. Reeses' comments. He stated that in addition to that, even though the business aren t' effected by the single trash hauler, the prices will most likely rise for them if the trash companies have fewer customers in the Village.
Billie Weaver of 343 West Maple Street stated that she had been in Granville longer than most residents. She stated that there has always been a problem with trash. She stated in the past she had fought to keep Linn Hauling. She stated that when Big 0" "came into the Village, there were alot of senior citizens who used Waste Management who could not bring their trash to the curb. She stated that Mr.Adkins ofBig 0" "said that he would take care of them.She stated that Big 0" " has been providing excellent service for years and now the Village wants to take it
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away. She stated that she once again was here ftghting to keep her trash hauler
and that the public trusts Council, now Council should trust the public to keep
the trash hauler open.
Jim Pyle stated that the way things are currently, if one doesn't like the
trash company they are using, one can go elsewhere. He stated that the problem
gets taken care of without Council. He stated that sometimes people write bid
specifications so that certain companies can not bid on certain projects. He stated
that that was a way of making sure the bidder you like best gets the bid. He stated
that the Village had specifications that did not allow Big "0"to bid.
Ray Titley asked how Council was going to collect the money for the project.
He ask what would happen if someone wanted to share services with their
neighbor?
Cindy Wilkins of 341 North Granger stated that the gentleman had offered good compromise. She asked if there a could be a separate contract for residents
who wanted to use Waste Management?
Manager Plunkett stated that the Granville Service Department did the curb
side pick up for the spring clean up and Johnson or Waste Management whichever is the low bidder), takes the waste. He stated that if the waste hauler
did the curb side pick up, the cost would be less to the village and it would fee up man hours in the Service Department.
John Cassell of 216 East College stated that in terms of the spring clean up, the increased income tax was suppose to be for the clean up. He stated that one of the major things the tax increase was for had been the spring clean up. He stated that in his opinion. the Council would be indirectly taxing citizens. He stated that ifmore money was needed keep the spring cleanup, Council should be increasing the income tax. He stated that someone had mentioned the all the trucks wearing out the Village streets. He stated that the trucks are still going to run up an down College Street.He stated that many residents have stood up and spoke against the single trash hauler.He stated that if the issue passes, the citizens are going to have a petition to appeal it. He stated that a lot of people are opposed and Council should be thinking along those lines.
Mayor Eisenberg stated that Council had been through this three years ago. He stated that it seems to boil down to one issue. Should Council do this in order to provide savings to a larger portion of the residents?
Jim Pyle stated that Council should allow citizens who don't want to be involved to opt out.
Mayor Eisenberg thanked everyone for their input. He stated that the ordinance would be acted on under old business. He stated that he appreciated everyone coming.
The public hearing on Ordinance No. 41-94 closed at 8:45 p.m. 1
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A public hearing was held on Ordinance No. 42-94. A"n Ordinance
Establishing A Law Enforcement Trust Fund For Collection And Disbursement Of
D.A.R.E. Monies."
No one appeared to speak for or against Ordinance No. 42-94. The public
hearing closed at 9:45 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of November 16, 1994, were
presented for review. Councilmember Bennett moved to approve the minutes as corrected. Seconded by Councilmember Freytag. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
R.Titley
Frank Braumn
Arie Janssens
Edith Schories
John Noecker
Sally Hannahs
Cindy Wilkins
Johnnie Valdes
Susan KaI-ein
Doug Wagner
Esther Coffey
Sara Kirby
Rick Campbell, Waste Management
Larry &Carolyn Huey
Billie Weaver
Robert Allen
Doug Tailford
Clara Buckles
Libbie Smith
Sally MacPhail, Sentinel
JoAnn Morey
Phil Wince
Mary Ann Reeb
John Cassell
Byron Fillinger
Florence Longwell
Guy Martin
James Coffee
Joan Turner
Ed Vance
Laruen Hoffman, Rumpk
Evelyn Frolking
Gail Wince
J. Leslie Hicks Jr.
Ed Vance asked if there was money set aside in the 1995 budget for the street lighting in downtown Granville to match the funds with the Granville Business and Professional Association.
Manager Plunkett stated that the money is not set aside. He stated that the Amsosnoecyiawtioilnl be appropriated when the Granville Business and Professional collects their half of the funds.
Ed Vance stated that the Granville Business and Professional Association had been working hard on the project and he encouraged Council to increase the matching amount to 7$,500 or 1$0,000. He stated that the project would be completed faster if the Village helps out.
selectPehdi?l Wince asked how the residents on the merger petition study were
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Manager Plunkett stated that the merger study commission was brought
about by citizens in Granville. He stated that he was one of the citizens that
helped. Mr. Plunkett stated that a number of citizens were approached and asked
if they would be willing to serve on the committee if the study was voted for.
Mr.Wince asked if there were any procedures for the selection?
Councilmember Garrett stated that citizens were asked if they'd be
interested in serving on the commission.
Mayor Eisenberg stated that people who are opposed to the merger signed
the study petition and agreed to be on the committee in the interest of protecting Granville and its boarders.
Mr. Wince stated that he would simply like to know how one would be able
to serve on that committee if one wanted to.
Mayor Eisenberg stated that the issue came about quickly because of
Newark's petition to annex the land.
Councilmember Garrett stated that the petition had to be filed quickly
because if it was filed after election day, there could be an increased number of
signatures needed in order to file the petition.
Manager Plunkett stated that he did not know but perhaps additional candidates could be "write in's"on the ballot. He stated that the Board of Elections
would have to answer those questions.
Mr.Wince stated that he was wondering for example, if"Mrs. Smith"wanted
ftoorbme eond?the committee, how would she haveknown the committee was being
Manager Plunkett stated that she might not have known.
COMMITTEE REPORTS
Councilmember Freytag reported on the Recreation Commission meeting of December 6, 1994.At that meeting, the commission's 1995 budget had passed. He stated that a discussion took place concerning the possible effects of the Keny property being annexed to Newark. He stated that the 1 2/mil wouldn't be collected and the Granville Recreation Commission would most likely be called
huopwonevteors, ervice that area. He stated that nothing was done concerning the matter, it was an interesting discussion.
Councilmember Garrett reported on the November 21 Planning Commission meeting.At that meeting. ilive architectural review applications were approved, and two sign applications were approved.The Commission table a request for a rezoning application.A majority of the commission voted that the sign ordinance should be enforced as written with new neon signs not being permitted. She stated that some members of the commission felt that the existing neon signs could stay in place until they die. She stated that some members felt that the neon sign at Taylor's Drug was old enough to be grandfathered.
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Councilmember Garrett stated that the Planning Commission had a
worksession with the residents on Cherry Valley Road south of SR 16 to discuss
rezoning the entire area.She stated that a recommendation would be coming from
the Planning Commission soon.
OLD BUSINESS
Ordinance No. 41-94, " An Ordinance Granting An Exclusive Franchise To
Waste Management To Operate And Provide Curb Side Refuse Collection In
Granville And Setting Forth The Terms And Conditions Accompanying The Grant
OfThe Franchise And Providing For Regulation Of Refuse Hauling," was reintroduced, title read, and moved for adoption by Councilmember Montgomery. Motion seconded by Councilmember Bennett.
Councilmember Bennett stated that in his opinion, there was a problem
with the bids because one of the requirements had been removed by EPA. He
stated that he wasn't present at the last meeting but the minutes reflect that
Councilmember Freytag suggested a rebid because of confusion. He stated that
Waste Management modified their bid for senior citizens after the fact. He stated that he did not feel this was a situation where there stated that from was a good. clean project. He a legal standpoint, he felt there was a problem and that in his
roepbinidio. n, if Council was going to have a single trash hauler, the project should be
Councilmember Garrett stated that Council had received a letter from Mr.
King ofWaste Management with the senior citizens discount as an addendum to the bid.She stated that the project should be rebid to include those items in the specifications. She stated that Rumpke and Waste Management have submitted adjustments to their bids after the fact.
Mayor Eisenberg asked Councilmember Freytag if he was still of the opinion that Council was on shaky ground?
Councilmember Freytag stated that in his opinion. all the bidders should be treated equally and fairly. He stated that what Councilmember Bennett has indicated adds to the problem of the questionable biding process. He stated that in his opinion, he does not think Granville should have a single trash hauler. He stated that two or three years ago, the issue was voted down. If people are dissatisfied with Waste Management they can choose Big 0" "H.e stated that that was the beauty of the free market system. He stated that if someone wanted to sshwoituclhdhbaeulers because they were unhappy with the price being charged. they allowed to do so.
Councilmember Garrett stated that the Village would be saving 8$,000 to so9m,0e0t0h.inSghe stated that that is money that could be spent on sidewalks or else.
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Mayor Eisenberg stated that he thought the residents would be interested in
the cost savings.He stated that the residents have been speaking passionately
against the single trash hauler.
Vice Mayor·Marshall stated that usually when an issue comes up, the
negative side of the issue is usually what shows up in full force, especially when a
company:writes a letter to its customers asking them to appear at the meeting. He
stated that alot of opinions had been expressed. He stated that at the last meeting
when Mr. King of Waste Management spoke, he had been under the impression
that handicapped and senior citizens would be able to receive back door pick up at
no charge.
Councilmember Freytag stated that if one wanted to take advantage of
savings from another company, one did not need to rely on the Village of Granville
to do so.
Mayor Eisenberg asked Law Director Hurst if he had an opinion on the bids?
Law Director Hurst stated that the original question had been if Council
were comparing apples to apples. He stated that Council had come to solid ground
on that issue. He stated that the addendum suggested to Council had no bearing
on the decision of Council. He stated that nothing is relative and enforceable
unless the contract has the provision stated. He stated that the addendum was not part of the original bidding specification. He stated that the yard last issue concerning waste was an option item and not a required item.
Mayor Eisenberg stated that Council needed to first determine if the
ordinance was going to pass. He stated that Council could not pass the ordinance and then say they wanted to rebid the process.
Mayor Eisenberg asked for a show of hand vote. Is Council in favor of a single trash hauler if the other issues were resolved?
Councilmembers Bennett, Freytag,Marshall and Shulman stated that they would not be in favor of the single trash hauler.
Roll call vote to adopt Ordinance No. 41-94: Freytag no, Bennett no, Montgomery no, Shulman no, Garrett no, Marshall no, Mayor Eisenberg no. Seven no votes, Ordinance No. 41-94 was not adopted.
Welsh Hills School
Evelyn Frolking stated that the Welsh Hills School was present to followu-p on a request made to the school eight weeks ago. She stated that the request was to consider working a partnership with the Village to access a bike path from Newark Granville Road where the new school is currently being constructed. She stated that the school had previously asked for time to think the offer over. She stated that the school had discussed the issue at their board meeting.The school's proposal has been sent to the Council.Ms. Frolking read the proposal, a copy which is attached as part if these minutes.
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Ms.Frolking presented a drawing showing the proposed easement. She
stated that the land on the east borders property owned by the State of Ohio and
will be empty for a long period of time.
Mayor Eisenberg asked how important the land was in terms of the village
pathway plan.
Village Planner Doug Tailford stated that that part of the pathway was very
low in priority. He stated that it will serve a very important connection to the
overall plan.
Mr.Tailford stated that the pathway plan has the bikepath running along
the driveway of the Welsh Hills School. He stated that there is no reason to take
the path further than the school. He stated that the pathway was planned to run
along the driveway of the school in order to give walkers access to the school.
Mayor Eisenberg ask if the school planned on prohibiting the public from
walking along the driveway?
Ms. Frolking stated that the school didn't want people walking there. She
stated that there was alot of traffic and the school felt that the back portion appropriate place. was an
Doug Tailford stated that part of the pathway plan was to provide loops so that a recreation type of path was created.
Vice Mayor Marshall asked what kind of public use opportunity would there
be in waiver of the public use fee?For example, he asked if the soccer fields would be available to the public?
Ms. Frolking stated that when appropriate they would be made available.
She stated that the sports program has many details that need to be worked out. Councilmember Freytag asked if Council had the legal authority to authorize waiving of fees?
Vice Mayor Marshall stated that the bike path is associated with the public use fee.
Ms. Frolking stated that the school was asking for waiver of the public use fee and the water tap fee. She stated that the school had paid the zoning fee. Councilmember Freytag asked Law Director Hurst if Council had the authority to waive the public use fee?
Law Director Hurst stated that Council had the authority to waive the public use fee but he wasn't sure of the water tap fee.
Councilmember Freytag stated that the pathway does not relate to water. Vice Mayor Marshall stated that the tap fee is the actual cost to the Village for each tap access to the system. He stated that in his opinion, that is not something that should be waived.
Mayor Eisenberg stated that the tap fees were imposed to decrease the burden on all the water users. He stated that if the water tap fee was to be waived, public hearings should be held on the matter. He stated that residents should be daellocrweeadseto speak for or against any possible waiver since water capacity fees the burden of all water users.
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Councilmember Freytag stated that if"Mr.X developer"came to Council and
said I have a deal. Council may not want to deal with the developer as much as
they would Welsh Hills School. He stated that Council is picking and choosing who
they want to deal with. He stated that he was not against waiving the fees for the
school. He stated that he would like to see a change in the ordinance allowing for
the waiving of fees. Without the ordinance, council could be accused of picking
favorites.
Vice Mayor Marshall stated that he was against waiving the water tap fee
because that is the actual cost to the Village.
Councilmember Freytag stated that if Council waives the fee for one. without
an ordinance change, the waiver would have to be made available for everyone.
Ms. Frolking stated that the school was not asking for a waiver, they asking for were a fair exchange.
Councilmember Freytag stated that the point he was trying to make was if
Council was going to allow waivers or exchanges, it should be written down as law.
He stated that he didn't mean to suggest that the school is in the same category as a developer.
Councilmember Shulman stated that he was not in favor of taking an exchange for the water tap fee.
Les Hicks stated that the school was trying to give the Village something
they needed. He stated that putting the dollar amount on the easement was an attempt to be creative.
Councilmember Garrett stated that the pathway in that area was prioritized
tahsaltow.She stated that Council is not prepared to pay that amount of money for piece of land.
Councilmember Bennett stated that the schools have always been a special part of Granville. He stated that the school is a private entity however, he felt that there was a special obligation to the schools in Granville.
Law Director Hurst stated that the schools were zoned institutional. He stated that if Council was concerned with the precedence to they were setting, if a developer wanted to rezone to institutional and develop under the strict rules of institutional, let them.
Councilmember Freytag stated that he had a problem with the public use fee. He stated that the authority to waive fees should be in the ordinance. He stated that he was not speaking against any waiver for the school. Mayor Eisenberg stated that he would rather waive the public use fee as public support rather than a trade. He stated that he felt that there should be a public hearing also.
After discussion, it was decided that the length of time required to give the School a decision concerning the waiving of the fees be extended. Law Director Hurst stated that Council did not have an agreement yet, but they were working towards an agreement.He stated that the agreement Council had submitted to Welsh Hills School stated that if written notice was not received
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Page 14
by the schools they could consider the fees waived. He asked the school if they
were willing to extend the matter for 60 days?
Mrs. Frolking stated that if it was Council's wish the matter could be
extended.
Vice Mayor Marshall moved that Council approve the 60 day extension for
the time required to answer Welsh Hills School's request. Seconded by
Councilmeniber Bennett. Motion carried.
Law Director Hurst recommended that Manager Plunkett write a letter to the
school stating the new deadline for a decision.
Ordinance No. 34-94, "An Ordinance To Amend Section 1177.04(d)( 1) Of
The Codified Ordinance Of The Village Of Granville," was introduced, its title read,
and moved for adoption by Councilmember Garrett. Seconded by Councilmember
Marshall.
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Bennett Freytag yes, yes, Marshall yes, Eisenberg yes. Seven yes votes, Ordinance No. 34-94
was adopted.
Ordinance No. 36-94, " An Ordinance To Amend Section 1137.02 Of The
Codified Ordinances OfThe Village OfGranville.w"as reintroduced, title read and
moved for adoption by Councilmember Shulman. Seconded by Councilmember Freytag.
Roll call vote: Freytag yes, Shulman yes, Garrett yes,Montgomery yes, Marshall yes Bennett yes, Eisenberg yes. Seven yes votes, Ordinance No. 36-94
was adopted.
Ordinance No. 37-94, - An Ordinance To Amend Section 1147.01 Of The
Codified Ordinances OfThe Village OfGranvillew,"as reintroduced, title read, and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Freytag
Roll call vote: Freytag yes. Bennett yes.Montgomery yes, Shulman yes, Garrett yes. Marshall yes. Eisenberg yes. Seven yes votes, Ordinance No. 37-94 was adopted.
Ordinance No. 38-94, A"n Ordinance To Amend Chapter 1189 Of The Codified Ordinances OfGranville, Ohio Establishing Sign Code Regulations,." reintroduced, title read, and moved for adoption by Councilmember was Seconded by Councilmember Marshall. Freytag.
Doug Tailford stated that the ordinance makes some changes proposed by Law Director Hurst and cleans up some typing errors. He stated that the biggest 1 tchheanBgZeBiAs .that sign variances will be heard by the Planning Commission and not
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Councilmember Bennett stated that he had written an amendment to the
code regarding neon signs. He stated that he still wanted to see that put into
ordinance form.
Mr.Tailford stated that another amendment states that sandwich boards
will not be included in calculating total square footage areas.
Councilmember Freytag asked if the BZBA had jurisdiction on all variances
under the charter?
Law Director Hurst stated that Council could not change the Charter.
Mr.Freytag stated that the Charter stated that all variances go to the BZBA.
Law Director Hurst stated that the Charter does not give the BZBA exclusive
authority. He stated that the Planning Commission has all of the power by state
law.He stated that he did not read the Charter to say that the BZBA has exclusive authority.
Mr.Tailford stated that it is not cheap to go to the BZBA. He stated businesses would some be required to get a variance if they wanted to put up a two foot
sign. He stated that their cost would be way over $100.
Councilmember Bennett stated that the Council spends an incredible
amount of time on signs. He stated in his opinion, Council has bigger fish to fry.
He stated that Council should be spending time on real battles like merger, annexation, and zoning. He stated that the sign code is page after page long. He stated that people don't want that kind of regulation. He stated that in his opinion, the sign code was draconian and that perhaps the entire code needed to be overhauled.
Councilmember Montgomery stated that she had felt the same way at first. She stated that after she had spoken to some people, she found out that some things that initially seem unimportant are important to some citizens. Councilmember Bennett stated that he had wanted his concerns with the
neon signs to be put in ordinance form.
Councilmember Garrett asked if the ordinance in its present form should be adopted. She stated that it could be amended later.
After a discussion,Councilmember Bennett suggested that the ordinance be acted on as presented and amended for the next meeting.
Mayor Eisenberg stated that the Planner could delay enforcement on neon signs until the situation had been resolved.
Roll call vote: Shulman yes, Freytag yes,Garrett yes, Bennett yes,Marshall yes, Montgomery yes,Mayor Eisenberg yes. Seven yes votes. Ordinance No. 38-94 was adopted.
Ordinance No. 40-94,An Ordinance To Amend Section 921.07 OfThe Codified Ordinances OfGranville,Ohio, Establishing Sewer Regulations And Chargesw,"as reintroduced, title read and moved for adoption by Councilmember Marshall. Seconded by Councilmember Freytag.
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Roll call Vote: Garrett yes, Shulman yes. Montgomery yes, Bennett yes,
Freytag yes, Marshall yes, Eisenberg yes. Seven yes votes, Ordinance No. 40-94
was adopted.
Ordinance No. 42-94, A"n Ordinance Establishing A Law Enforcement Trust
Fund For Collection And Disbursement Of D.A.R.E. Monies," was reintroduced,
title read and moved for adoption by Councilmember Montgomery. Seconded by
Councilmember Bennett.
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Bennett yes,
Freytag yes, Marshall yes, Mayor Eisenberg yes. Seven yes votes. Ordinance No.
42-94 was duly adopted.
Joint Parks and Recreation Committee
Manager Plunkett stated that he had received a number of legal question
from the Joint Parks and Recreation Committee. He stated that when he attempted
to answer the questions, Councilmember Garrett took exception to this response. He stated that he was looking for some guidance from Council as to what the
original intent had been.Mr.Plunkett stated that the committee had asked a series of questions concerning becoming a taxing authority. He stated that his
response was that council wanted to create a joint study committee to see if the
VillageT/ownship functions could be combined. He stated that he assumed that
any land acquisition would be done as separate entities.
Councilmember Garrett stated that the whole idea of the exercise was because people had been asking questions like why doesn't the Village buy the polo field. She stated that there should be a body that is a park district which would have the power to put issues on the ballot and levy taxes to acquire land. Councilmember Garrett stated that the commission members are ready to
gaoutfhoorwriatyrd. and that the trustees understood that there would be a taxing
Councilmember Shulman stated that he thought Council had given them a more general charge.
Law Director Hurst stated that the committee first came up with a set of legal questions on which council had said to give them a response based on an advisory board.He stated that the questions were answered in that context. He stated that the committee came back with a second set of questions. He stated that he had not wanted to get involved in dealing with those kinds of questions. He stated that the difference between the two is opposite sides of the planet. He stated that that is why he did not want to get involved. He stated that if they were interested in comparing the two types, they need to get their input from the County's legal authority.He stated that he is willing to give them information of how they can become a joint board. He stated that he is not prepared to give them any other information.
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Councilmember Garrett stated that the intent when she and Councilmember
Montgomery went to the Township Trustees was for creation of a joint park
district.
Manager Plunkett stated that he felt responsible for the misunderstanding;
the original intent was to have a joint board and not a taxing authority.
After a discussion. Council decided that they did not want to have a taxing
authority; they were more interested in having a joint board.
NEW BUSINESS
Pathwav Presentation
Because of the late hour, Council rescheduled the pathway presentation for
the next regular meeting on December 21. 1994.
Resolution No. 94-49, " A Resolution To Adopt The Pathway Plan As A
Planning Guide When Reviewing And Approving Development And/Or Capital Improvement Projects."
Because of time restraints, Council will introduce and take action on
Resolution No. 94-49 at the next regular scheduled meeting on December 21, 1994.
Ordinance No. 439- 4A,n'Ordinance To Establish The Granville Village
Manager's Salary For 1994." was introduced and its title read by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 43-94 for December 21, 1994, at 7:30 p.m.-
Ordinance No. 44-94, A"n Ordinance To Make Appropriations For Current Expenses And Other Expenditures OfThe Village Of Granville, State Of Ohio, During The Fiscal Year Ending December 31, 1995,w"as introduced and its title read by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 44-94 for December 21, 1994, at 7:30 p.m.
MEETING ANNOUNCEMENTS
Councilmember Montgomery stated that in her opinion, Council should set up a joint meeting with the Board ofEducation. She stated that there is a misunderstanding between the Council and the School Board concerning the proposed annexation. She stated that she would like to see an attempt to have some dialog because it appears that the School Board feels they have been left out. She stated that she did not feel comfortable with the opinions expressed. Mayor Eisenberg agreed that such a meeting should take place.
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Because of the holiday season, Council decided to schedule the meeting
with the school board after the first of the year.
A special Council meeting was scheduled for Saturday morning, December
10, 1994, to discuss personnel issues.
EXECUTIVE SESSION
Councilmember Garrett moved to enter into executive session at 11: 10 p.m.
to discuss pending legal matters. Seconded by Councilmember Freytag. Motion
carried.
Councilmember Garrett moved to return to regular session. Seconded by
Councilmember Bennett. Motion carried.
ADJOURNMENT
Councilmember Garrett moved to adjourn the meeting at 11:30 p.m. Motion
seconded by Councilmember Freytag. Motion carried.

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