Granville Community Calendar

Council Minutes OCTOBER 5, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
OCTOBER 5, 1994
CALL TO ORDER
Vice Mayor Marshall convened the meeting at 7:33 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
Vice Mayor Marshall
Law Director Hurst
Manager Plunkett
Councilmember Garrett moved to excuse Mayor Eisenberg. Seconded by
Councilmember Freytag. Motion carried.
PUBLIC HEARING
A public hearing was held on Ordinance No. 29-94, "An Ordinance To Amend
Ordinance No. 49-93 Providing For Adjustments For The Fiscal Year 1994 And
Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 29-94. The public hearing closed at 7:34 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of September 21, 1994, presented for review. Councilmember Freytag were moved to approve the minutes as corrected. Seconded by Councilmember Garrett. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Doug Tailford
Brian Lindamood
Evelyn Frolking
Mel Wineberg
Gary Stansbury
J. Leslie Hicks, Jr.
Mark Zarbaugh
Joe Hickman
Jim VanOstran
No questions, comments or concerns were voiced at this time.
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Council Meeting Minutes
October 5, 1994
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COMMITTEE REPORTS
Councilmember Freytag reported on the Recreation Commission's meeting of
October 4, 1994. At that meeting, the commission had considerable discussion
concerning the Evans Foundation, which donated the land at Wildwood Park. Mr.
Freytag stated that the commission felt that the Evans Foundation should be
recognized for their donation by putting their name on the sign entering the park. The
commission also felt that Ed Roberts, who had had a substantial role in with the park's
development, should also be recognized. The commission had no conclusion on the
matter. However, one idea, naming the road into the park after Mr. Roberts was
suggested. A final decision had not been made.
Councilmember Garrett reported on the Planning Commission's meeting of
October 3, 1994. At that meeting, the commission approved four sign applications ( being one the sign at Wildwood),approved three architectural review applications, and
denied Mary Bline's application for the second time. The development plan for Welsh
Hills School was approved subject to engineering approval, and the final plat for Bryn Du Woods Phase IV was approved.
Mrs. Garrett stated that the sign at Wildwood Park had received considerable
discussion because the commission felt that the sign may be misleading in stating that
the land had been donated by the Evans Foundation. She stated that some of the land
the Village currently owns, and the rest the Evans Foundation land leases to the Village for a dollar a year.
OLD BUSINESS
Ordinance No. 29-94, "An Ordinance To Amend Ordinance No. 49-93 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For Operating Expenses,w"as reintroduced, title read, and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Freytag.
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Bennett yes, Freytag yes, Vice Mayor Marshall yes, Mayor Eisenberg absent. Six yes votes, one member absent, Ordinance No. 29-94 was duly adopted.
NEW BUSINESS
Welsh Hills School
Evelyn Frolking stated that Welsh Hills School representatives were present to request a zoning application to continue the construction of their new school house on Newark-Granville Road. She stated that the Village Engineer had given approval of
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their plans with exception of the sewer issue. Ms. Frolking stated that the Welsh Hills
School had designed an on site septic system which had not met EPA approval. She
stated that she had been talking with the Village as to its sewer plan for the area. She
stated that the Welsh Hills School had received a gift of the entire construction work
and needed to move forward immediately. She stated that they hoped to receive
permission to continue with their construction.
Vice Mayor Marshall stated that currently the school couldn't move forward
because of the sewer issue.
John Bridge, President of Welsh Hills School, stated that the Welsh Hills School
engineers would be present at 8:00 p.m. tonight to discuss the issues and to answer
any questions. He stated that Welsh Hills School is prepared to move ahead with the
issue. He stated that he understood that the Council will be deciding the future of the
area and Welsh Hill School didn't want to move forward with their sewage if the Village
will be providing sewer for the area in six months or so.
Manager Plunkett stated that there are two outstanding issues concerning the
Welsh Hills School: zoning fees and the sewers. He stated that the zoning issue had
been complied with and the Planning Commission had reviewed and accepted the
Welsh Hills School's plans. Mr. Plunkett stated that the school was now requesting to
be relieved of the zoning fee and the public use fee. In regard to sewers, Mr. Plunkett
stated that Welsh Hills School's engineers had also examined the possibility of package treatment plant which a EPA had denied. They had also proposed as an
alternative, a septic system, which was also denied by EPA because of site soil
conditions. He stated that the only alternative is municipal sewer. He stated as the
Village system now stands, Granville is not equipped to accommodate the area. He
stated that if a lift station was constructed in the Wendys vicinity to handle the entire
area, the Welsh Hills School could be accommodated.
Mr. Plunkett stated that the Council should have received a memo tonight
summarizing currently what the Village has in regards to sewers and what needs to be
done. He stated that the approximate cost of the sewers would be 1. 1 million dollars.
He stated that the funds could be borrowed on a 20 year revenue bond at6%interest. He stated in his opinion, the next decade would bring growth pressure to Granville. Manager Plunkett noted that Erinwood and Bryn Du Woods Phase IV had already been approved and there are likely to be more businesses in that area. He stated that much of the area could be charged by special assessment. He stated that a 0$.50 per thousand gallon increase on the debt service charge for sewer could handle the costs. He stated that his recommendation had been to pursue the engineering and build the sewers. He stated that his recommendation was not just to accommodate Welsh Hills School, but that sewering the area is something that needs to be done. Councilmember Shulman stated that he disagreed with Manager Plunkett. He stated that the issue had not been before the Utilities Committee. He stated that perhaps other alternatives could be explored. 1
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Manager Plunkett stated that the issue had come up a number of times. He
stated that the Welsh Hills School is in a position were they need an answer.
Vice Mayor Marshall stated that timing is the problem. He asked if it was known
how long it would take to complete the sewer project?
Manager Plunkett stated that if construction could start tomorrow, the project
wouldn't be complete for 9 months to a year. He stated that he and the staff needed
some direction from Council as to what should be done.
Vice Mayor Marshall stated that Council had been talking year after year after
year about the sewer issue. He stated that Council has known they will someday have
to build the sewer to service areas like Fern Hill. He stated that in his opinion, it's time
to get on with the project.
Councilmember Shulman stated that he had an opposite opinion. He stated that
the most current issue is that an institution needs the sewer. He stated that potential
customers including SuperAmerica could be a source of the funds.
Manager Plunkett stated that everyone including the Welsh Hills School would
have to pay for the sewers.
Councilmember Shulman stated instead of the Council making a quick action
decision, the issue should be researched with the people in the area who will benefit
from the sewers. He stated that there are many new players in the field. He stated that
he wanted to take care of the issue without fueling development in that area.
Manager Plunkett stated that previously, the staff had told SuperAmerica that
they must pay for the sewer getting across State Route 16. He stated that at one time
the Village had requested the Murphy's pay for the entire lift station. Manager Plunkett
stated that the cost of the project would instead now have to be born by the entire Councilmember Shulman area. stated that he didn't think the issue needed a quick
decision. He stated that he did not want to make a decision tonight. He stated that the
issue should go before the Utilities Committee and then before the whole Council.
Councilmember Bennett asked what the proposed opening date was for the school?
Evelyn Frolking answered that the Welsh Hills School had received a gift from the Longaberger Company for the construction. She stated that if all goes well, the e1s9t9im5.ated date of completion would be August of 1995, with opening date of September
Vice Mayor Marshall stated that without knowing the outcome of the sewer issue, the school couldn't move ahead.
Councilmember Garrett stated that she had not had the chance to carefully read the memo regarding the sewers because it had just been recieved tonight. She stated that perhaps at the next Council meeting an ordinance could be introduced to go forward with the sewers.
Village Planner Doug Tailford stated that if Council did not decide the sewer issue tonight, Welsh Hills School needed Council's permission to start construction
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contingent on the sewer plans. He stated that they can not obtain a zoning permit
without Council's permission.
Manager Plunkett stated that Welsh Hills School were also asking Council to
consider waving fees.
John Bridge stated. that if the Council felt the sewer issue was a dead end, the
school would have other·options for the sewer.
Jim VanOstran of Jobes &Henderson stated that the first option was to install a
small pump station on site and run the sewer in to the Murphy's lift station. He stated
that that was an option that was acceptable to EPA. He stated that holding tanks have
also been discussed with EPA. He stated that as long as the school could show EPA
the Village would have the sewer soon, they would allow the holding tanks.
Manager Plunkett stated that he was unsure he or the Village staff would
endorse either of those possibilities. He stated that those were worst case scenarios.
Councilmember Freytag stated that when the issue had been discussed a year
ago, the Village Engineer didn't think it was viable to have a lift station at that location.
Manager Plunkett stated that the Village Engineer had changed the depth of the
pipe, therefore the lift station would be okay.
Councilmember Montgomery-asked if the "million dollar price tag"would serve
more than east Granville.
Manager Plunkett answered yes. He stated that there is $600,000 in work that
must be done. He stated that the sewer issue had been around a long time. He stated
that he is not suggesting Council make a decision tonight.
Councilmember Shulman stated that originally the Village Engineer's solution
was to take the sewer along the bike path. He stated that he had always been against
that solution. He stated that now there were fewer property owners and the Village fueling the was area for development.
Manager Plunkett stated that the sewers would bring development but, the fact is
that development is already here.
Vice Mayor Marshall stated that the immediate issue is "is it okay for Welsh Hills School to go ahead with construction without sewer approval?M"r. Marshall questioned if there would be a legal issue in doing that?
Law Director Hurst stated that he did not believe there would be a legal issue.
He suggested that an agreement be prepared and signed by both parties. He stated that he would be very concerned with the language and the understanding of the parties to the conditions and restrictions that are put upon the Village's willingness to allow construction. He stated that he would like to make sure there is no room for arguing later. He stated that all parties must know exactly what they were getting into. Law Director Hurst stated that he did not care who drafted the document, however, it should be subject to more than one legal review.
John Bridge stated that for the past two and a half years, the school had received numerous gifts in kind and materials for the project including the pledge from Longaberger for the construction of the project. He stated that the school is not a
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revenue producing operation. He stated that tuition is $4,000 per student per year with
most of the children coming from middle class families in Licking County. He stated that
in order to increase revenue and begin to pay for any kind of construction necessary for
the facility, the school would have to take on more students. He stated that currently,
the school had two windows of time they must use to their advantage. He stated that
one is revenue and the other is the time frame with the Longaberger Company. He
stated that they had hoped to have the school under roof by the first snowfall so that
the interior work could begin in the winter. He stated that Welsh Hills School would wait
to see what the Village chooses to do however, he hoped Council could see the
urgency in the school's need to move ahead.
Law Director Hurst stated that his only concern was that the school and the
Village stand on equal ground and both must understand that the best wishes and
efforts of everyone concerned if the issue breaks bad and doesn't become doable in a
desired manner, or in a timely manner, may be for naught. He stated that the parties
must understand the pitfalls before they start the project. Mr. Hurst said that he was not
stating that the issue couldn't be taken care of, but that there is serious concern. He
stated that he didn't want to see the issue running downhill and out of control.
John Bridge stated that Rob Drake is the school's lawyer. He stated that the
school would do whatever makes Council feel confident in proceeding with the project.
Village Planner Doug Tailford stated that without the zoning permit, Welsh Hills
couldn't begin construction. He stated that they are stuck and are losing time right Councilmember now. Montgomery stated that in her opinion, Council should move ahead concerning the entire sewer issue. She stated that there were lots of options available.
Manager Plunkett stated that as soon as the Mayor appoints another member to the Utilities Committee, he will schedule a committee meeting to discuss the sewer. Mr. Bridge asked if construction could begin as soon as the legal document was prepared?
Law Director Hurst stated that he would draft a tentative understanding which
would be attached to the permit. He stated that the document would be circulated to Council and with their approval construction could begin.
Vice Mayor Marshall asked if the fee issue had to be resolved tonight?
Manager Plunkett stated that the public use fee was set up to provide funds for public parks. He stated that that money was deposited directly into the Parklands Reserve Fund. Manager Plunkett stated that the suggestion had been made that if wWoeulsldhbHeills School grants the Village an easement for the pathway, the pubic use fee waived.
instituCtioounnsc?ilmember Shulman asked if Council had waived fees to any other
fees. Manager Plunkett stated that Dension University used to pay only 50%of the
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Vice Mayor Marshall stated that the relatively new zoning fee was designed to
cover the cost the Village's fees.
Councilmember Shulman asked if Denison had paid the full fee for the new
buildings or if the (Spring Hills)Baptist Church had had any fees waived.
Vice Mayor Marshall stated that the fee structure had changed last year.
Councilmember Montgomery asked if Manager Plunkett was suggesting
eliminating the $9,000 fee if the Welsh Hills School would build the pathway?
Manager Plunkett stated that he and the staff were "grasping at rationales"to
provide an equitable method for waving the fee but only if an equitable means of
providing in-kind benefit to the Village were found.
Councilmember Shulman asked if the current development plan included the
pathway?
Village Planner Doug Tailford stated that the Village is proposing the bike path
to the site. He stated that Welsh Hills School does not include the pathway in their
plan.
Evelyn Frolking of Welsh Hills School stated that the school was a non profit
organization. She stated that the school is not a commercial business out for profit. She
stated that the fees were structured based on commercial businesses.
Carlos Brezina, architect for Welsh Hills School, stated that the facility
represented the whole community. He stated that the school would be leaving much
open space with the soccer fields which is exactly what the public use fee is for. He
stated that having that is a real asset.
Manager Plunkett asked if the Recreation Commission would be able to use the
soccer fields?
Doug Tailford stated that the bike path is a way to provide access to that He stated that area. access through the Welsh Hills School area would be vital.
John Bridge stated that in reviewing the superficial cost of developing the bike
path, he believed it would be considerably higher than the $9,000 in fees the School is
required to pay. He stated that the school would rather consider that on its own. He
stated that they would be willing to give the Village use of the property in the future. He stated that the school is willing to pay the zoning fee to cover the cost of the process. He stated that he would like Council to consider that the school is a non-profit
organization with no revenue. He stated that the little money they do have goes for salaries and the upkeep of the facilities.
Vice Mayor Marshall stated that in his opinion, it made a great deal of difference whether or not the school's facilities will be available to the public.
Councilmember Shulman stated that if the land was available to the public Council would know the value of the land in public use. He stated that the public would benefit by either the pathway going through the land, or making the fields available to the Recreation Commission for use. He stated that he would be in favor of waiving the fees with that commitment from the school. 1
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Councilmember Freytag asked if the new ordinance provided for the waiving of
fees?He stated that he wanted to see the school succeed however, it may be viewed
as receiving special favors. He stated that he was not saying he was opposed to
waiving the fees but, he stated that he thought it should be done fairly, across the
board.
Councilmember Montgomery asked if there were any other organizations that
had received fees waived?
Manager Plunkett sated that Denison University had, under the old ordinance,
received a break, but that discount had been eliminated under the new fee ordinance.
Carlos Brezina stated that if the zoning inspector could issue the zoning permit
contingent on the sewers and the fees, after the school board has been able to address
the other issues concerning the public using the land, the school can come back to
council. He stated that if the school is unable to begin construction soon they may lose
their construction help.
Vice Mayor Marshall declared that the Law Director would draft the agreement
and Welsh Hills School would receive it as soon as possible.
Law Director Hurst stated that he would have the agreement ready on Monday,
October 10, 1994.
Resolution No. 94-44, "A Resolution To Authorize The Village Manger To Submit
A Grant Application For 1995 Capital Improvement Projects To District 17, Ohio Public
Works Improvements Commission, For Funding On Granville's Behalf',was introduced,
read in full, and moved for adoption by Councilmember Garrett. Seconded by
Councilmember Bennett. Motion carried. Resolution No. 94-44 was adopted.
Resolution No. 94-45, "A Resolution To Authorize The Village Manager TO
Submit An Application For The NatureWorks Program To The Ohio Department Of
Natural Resources For Funding On Granville's Behalf," was introduced, read in full,
and moved for adoption by Councilmember Freytag. Seconded by Councilmember
Montgomery. Motion carried. Resolution No. 94-45 was adopted.
Resolution No. 94-46, "A Resolution To Authorize The Village Manger To Enter Into An Agreement With Curry Willis And Grove For Preparation Of Specifications Detail Plans And For Construction Of NewarkG- ranville Road Improvements,w"as introduced, read in full, and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Freytag. Motion carried. Resolution No. 944-6 was adopted.
Resolution No. 944-7, A" Resolution To Authorize The Village Manager To Advertise For Bids For The Purchase Of Water And Sewage Treatment Chemicals," was introduced, read in full, and moved for adoption by Councilmember Shulman. 1
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Seconded by Councilmember Freytag. Motion carried. Resolution No. 94-47 was
adopted.
Ordinance No. 30-94, " An Ordinance To Amend Ordinance No. 43-93 Providing
For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums
For Operating Expenses," was introduced by Councilmember Freytag.
Vice Mayor Marshall set the public hearing on Ordinance No. 30-94 for October
19, 1994, at 7:30 p.m.
Councilmember Freytag stated that he had thought the BZBA wanted to attend
this meeting to discuss their rules of procedure.
Manager Plunkett stated that members of the board wanted to be at this meeting
however, he and Law Director Hurst had not written the proposed administrative rules
yet.
Councilmember Freytag stated that he was unaware that that was going to take
place.
Councilmember Montgomery stated that she remembered Mr. Hurst had wanted
to study the code and make recommendations.
Law Director Hurst stated that his point was that Council is the one with authority
to write rules of procedure, the BZBA can't do it themselves.
Councilmember Bennett stated that Council should at least hear what the BZBA
has to say.
Vice Mayor Marshall stated that he would like to hear their rationale for needing to write rules.
Councilmember Freytag stated that he would like to see an alternative version of
the rules from the law director and the manager first.
Law Director Hurst stated that Council would not get the draft by the next
Council session. He stated that probably in a month from now he would be able to have the draft ready.
Councilmember Freytag stated that he would rather wait to hear from the BZBA until the Law Director drafts the proposed rules.
Councilmember Shulman agreed.
Councilmember Shulman rescheduled? asked if the State Route 661 improvement had been
Manager Plunkett stated that he had spoken to Joe Charles of ODOT, who stated that the work would begin in February. He stated that he had later spoken with someone in the same office who stated that the project would not begin in February. Mr. Plunkett stated that he is unsure where ODOT stands on that issue.
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Councilmember Shulman stated that he had noticed a weigh reduction sign had
been placed at the Cherry Street bridge. He asked what that sign meant to a truck
driver?
Manager Plunkett stated that when he questioned ODOT they stated that the
wrong sign must have been installed.
Councilmember Shulman suggested perhaps three signs would be appropriate
saying stay on State Route 16 or 37.
Manager Plunkett stated that he and Service Director Mark Zarbaugh are
scheduled to meet with Tim Lollo concerning the bridge on Thursday.
Councilmember Montgomery questioned what would happen if a police officer
stopped a truck that was overweight?
Manager Plunkett stated that Granville Officers are not going to stop trucks for
weight. Manager Plunkett stated that he would talk to Tim Lollo and ODOT concerning
the signage.
ADJOURNMENT
Councilmember Garrett moved to adjourn the meeting at 9:15 p.m. Seconded by
Councilmember Freytag. Motion carried.

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