Granville Community Calendar

Council Minutes February 7, 1996

VILLAGE OF GRANVILLE
COUNCIL MEEONG M]NIr[ ES
FEBRUARY 7,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:30 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember MeGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Bennett
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Plunkett
Councilmember Bennett moved to excuse absentee Councilmember Eisenberg.
Seconded by Vice Mayor Freytag. Motion carried.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting ofJanuary 17, 1996, presented for review. Councilmember were Bennett moved to approve the minutes as corrected. Seconded by Councilmember McGowan. Motion carried.
CITIZENS COMMENTS
No questions,comments,or concerns were voiced at this time.
COMMITTEE REPORTS
Councilmember Bennett reported on the North Pearl Street Traffic Study Committee meeting of January 31, 1996. At that meeting,Service Director Mark
Zarbaugh gave an overview of practicable monitoring of traffic. He stated that the monitoring of traffic and speed counts will proceed when the weather changes. The committee hopes to get some photographs of the problems. Mr. Bennett stated that the committee felt that they would put their problems and proposed solutions on paper and send the evidence to Mr. Ray at ODOT. He stated that the committee had not discussed Ordinance No. 399-5 and had stated that the Ordinance should stay tabled until the committee discusses it.
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Council Meeting Minutes
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Councilmember Bellman stated that the committee had also discussedt r"affic
calmingH."e stated that he didn't yet really understand the whole concept,but one
could receive funding from the federal government for using such techniques.
Mayor Marshall stated that the committee should report to Council before they
send anything to ODOT.
Councilmember MeGowan reported on the Recreation Commission meeting.
At that meeting,the commission had discussed improving the ball fields at the school,
the possibilities of installing a volley ball court at Wildwood Park,and the possibility
of installing an additional water outlet closer to the gardens at Wildwood Park. The
Commission will be forming a 3rd and 4th grade girls' soft ballteague.
Councilmember Montgomery questioned the status on the placement of public
water supply well # 4 and change of parking at Wildwood Park.
Manager Plunkett stated that the well is being placed further south than
originally believed but there had been no further contact with the Recreation
Commission.
Councilmember MeGowan stated that the Recreation Commission may be
realizing the difficulties in driving across the bikepath now. He stated that increased
usage and safety hazards were a concern.
Manager Plunkett stated that he would contact the Recreation Commission to
let them know the exact location ofwhere well 4#will be placed.
OLD BUSINESS
Ordinance No. 399- 5,A "n Ordinance To Amend Sections 305.03,313.02,and
313. 10 of the Codified Ordinances Of Granville,Ohio Establishing Traffic
Regulations."T a b(led 1 3- -96)
Ordinance No. 39-95 remained on the table.
NEW BUSINESS
Resolution No. 96-12,A "Resolution To Award The Bid For The Construction
Of The New Burg Street Storm Sewer And Pathway Project To Gene Hazen S&ons And To Authorize The Village Manager To Enter Into An Agreement Thereforw,"as introduced,read in full,and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Bennett. Motion carried. Resolution No. 96-12 was adopted.
Resolution No. 96-13,A "Resolution To Award The Bid For The Construction OfThe Elm Street Water Main Replacement Project To L.E.King S&on And To Authorize The Village Manager To Enter Into An Agreement Therefor," was
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Council Meeting Minutes
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introduced,read in full,and moved for adoption by Councilmember Bennett.
Seconded by Councilmember McGowan. Motion carried. Resolution No. 96-13 was
adopted.
Mayor Marshall stated that Council had received a memo from the Village
Manager concerning the annexation issue on the ballot for March 19. He stated that
Mr. Plunkett pointed out that a failed annexation vote would bar the Village for 5 years
from taking up the subject again. He stated that yes,it was a risk,but his strong
opinion was that Council is supporting the township and the school board and acting
in Granville's best interest to avoid an unacceptable development. He stated that in his
opinion,if Council withdrew the subject from the ballot,they would be letting down
the township,school board,and themselves. He stated that despite the story in the
papers,the Village Manager has never recommend withdrawal of the issue from the
ballot. The Manager was merely informing Council of all the possibilities and their
options.
Vice Mayor Freytag inquired the deadline to withdraw the issue from the ballot.
Law Director Hurst stated that it was his understanding that there is a 10 day window,making the deadline March 9.
Councilmember Bennett stated that the annexation is just one piece of the
whole process. He stated that he wonders if the risk/ reward ratio is different now. He
stated that he would hate to lose the ability to contest any other action against the Village.
Vice Mayor Freytag stated that the statute quoted in the memo from Manager
Plunkett doesn't say n"o further proceedings for 5 years in the entire township."
Law Director Hurst stated that any municipal action is forbidden. He stated that
he hadn't pulled all the case laws on the issue,but had read one case that suggests no further proceeding within 5 years.
Councilmember Bennett stated that he would not be excited to back away from
the school and township,but would like to see a way to defuse the animosity between Newark and Granville. He stated that he never saw the issue as a Newark/ Granville
issue. He stated that if removing the issue from the ballot could establish goodwill,the Village could continue to work toward the merger. He stated that he needed to hear if this would really be a vote that would be leaving the school and the township in limbo?
Mayor Marshall stated that he didn't believe that withdrawing the annexation issue would help relations with Newark.
Councilmember Bennett stated that he is not quite sure where the annexation fits in with the merger.
Mayor Marshall stated that if the property is annexed,it is very clear that Village services would be available. He stated that he was worried that the township could be put in a bad position at the next court level,since Mr. Keny has filed an
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appeal. He stated that now Granville Township is in a good position,and wants to
keep it that way.
Councilmember Montgomery stated that the matter is complicated,and each
scenario has pros and cons. She stated that if the issue is removed from the ballot and
if the court were to reverse the decision of the county commissioners,the land would
go to Newark. If the issue stays on the ballot and is passed,and the court reverses the
county commissioners' decision,it goes to the Court of Appeals. She stated that if the
issue is not on the ballot,it could all go Newark's way. She asked if having the issue
on the ballot put a wedge in the situation for Granville?
Law Director Hurst stated that lawyers can tell you what the law is,and that he
could give his guess of what the results might be. He stated that he didn't think it
would be of any more value than ones' own conclusions. He stated that if one were to
have solid confidence in the success of the merger,the annexation is probably of little
benefit. He stated that it is likely,or at least possible,that the position regarding the
annexation will still be in the judicial system at the time the merger issue is decided.
He stated that there is argument that one might defuse the probable success of the
merger in being successful at the annexation petition level because of the perception
that the problem has been solved. If the Village is not successful in the merger and has
withdrawn the annexation petition,that would be the end of the story. He stated that
one can argue this issue all the way around. He stated that the Village had staked out position and he a agrees that Council should follow that position to its conclusion. He
stated that yes,the Village is taking a risk in losing a defensive tool,but if it does not
pass now,there would never be any hope anyway.
Councilmember Montgomery stated that this wasj u"st one more piece ofthe
pie"S.he stated that the entire community has been working together on the issue and she didn't think that removing the issue from the ballot would improve the situation with Newark.
Mayor Marshall suggested Council call Township Trustees and school board representatives to assess their feeling on the issue.
Councilmember Bellman stated that Council should be thinking ofways to make sure that the public knows and realizes the process ofthe issue. He stated that the general population thinks that the issue is done and over with.
Law Director Hurst stated that this issue on the ballot was a critical vote. After a discussion,Council agreed that it was important to contact residents in the township to inform them of the issue in March because Village residents would not be able to vote for or against the issue.
Councilmember MeGowan stated that he would like to see a meeting of Council,the township trustees,and the school board. He stated that atot of communities have this kind ofmeeting,open to the public. He stated that he had talked to the superintendent and the superintendent would like to see the meeting happen. He
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Council Meeting Minutes
February 7, 1996
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stated that one of the trustees is in favor of the meeting too. He stated that he would
like everyone to get together and discuss issues.
Councilmember MeGowan stated that he and Mayor Marshall had attended a
luncheon with the Granville Business and Professional Association. He stated that it
costs $150 to join the association and he felt that they were a worthy group the Village
Council should support. He stated that he felt it would be a positive move by Council
to come a part of the organization.
Councilmember Montgomery stated that perhaps it was time for Council to
demonstrate support for the organization.
Mayor Marshall stated that the GBPA does things in cooperation with Council
and the Council has helped them raise money for their street lighting project so the
Council does have a history ofworking together with the GBPA.
Councilmember Freytag stated that he agrees with Councilmember McGowan
that the GBPA is a worthy group,but he is opposed to joining the group because member of Council,it is his as a duty to the community to be totally independent. He stated
that in his opinion,it would set a bad precedent to appropriate money to be a part of
any group. He stated that it may or may not say that one is beholden to someone. Vice
Mayor Freytag stated that he was not saying that he did not support the GBPA;they
are a wonderful organization.
Councilmember Bellman stated that he felt that the GBPA is a unique
organization.
Vice Mayor Freytag stated that the GBPA has agendas and he has seen those
agendas not coincide with the entire community. He stated that Council is responsible
to the entire community and he doesn't want it to appear that he is partial to someone. He stated that he does not want to be a member of the GBPA and if Council makes
him join,he will resign.
Mayor Marshall asked Council's feelings on the meeting with the trustees and
the school board. He stated that Council had had a similar meeting a year ago. He stated that earlier meeting wasn't wonderful,and there had not been a real agenda. Councilmember McGowan stated that that had been three years ago and that things have changed.
Councilmember Bellman suggested putting the idea out and getting reaction if there is an agenda out there.
Vice Mayor Freytag stated that the last meeting hadn't helped anyone. He stated though,that he felt that the idea had merit.
Councilmember McGowan expressed concern that development codes are not being applied equally in all areas ofthe Village. He stated his concerns that had been brought up with the discussion ofthe turn lane at Wendys.He stated that he had talked to someone previously on the zoning board who had stated that they had not approved
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a turn lane off Cherry Valley Road. He stated that the zoning board originally
requested a service road and no access from Cherry Valley Road to Wendys. He stated
that the minutes from that meeting were lost and the developer had not accounted for
eliminating the traffic from Cherry Valley Road. He stated too,that there is an
illuminated sign and a fence that is installed incorrectly and he felt that east Granville
businesses are not being treated as downtown businesses would be treated. He stated
that there is a federal express box placed near the road that he felt wouldn't be allowed
in the downtown.
Councilmember Bennett suggested Village Planner Doug Tailford respond to
Councilmember MeGowan's concerns.
Manager Plunkett stated that he will direct Mr. Tailford to respond to Mr.
MeGowan's concerns. He stated that the Planning Commission recommended the
development plan for that area and Council had adopted it.
Law Director Hurst stated that the PUD is adopted as recommended by the
Planning Commission. He stated that the road Mr. MeGowan questioned had not been
part of the PUD application or approval.
Manager Plunkett stated that there is an access road yet to be built,but only to
be built when the next developer comes along. He stated that the Village will require
the developer to put the access road in at that time.
After a discussion,Manager Plunkett stated that he had been directed to get
estimates on the right-of-way costs for the Cherry Valley Road widening project. He
stated that because of the merger issues and the Keny annexation issue,he has not had
sufficient time to get that information. He stated that appraisers are having a time
nailing down actual numbers because the area is relatively small,and they can't base it on much.
Councilmember Bellman suggested expanding the roadway toward the not yet developed and moving the area center of the roadway.
Manager Plunkett stated that he didn't think that was possible with existing underground fixtures,the water,storm sewer and sanitary sewers crowding the right- of-way.
Councilmember Bellman stated that he felt the situation needed alot of study and consideration,and perhaps recommendation back to the Street S&idewalk Committee.
Councilmember Montgomery stated that she will not be able to attend the April 3 Council meeting.
Mayor Marshall stated that he would be absent too,and Law Director Hurst stated that it was possible he wouldn't be present.
Mayor Marshall suggested consulting with absentee Councilmember Eisenberg before the meeting is canceled. 1
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Councilmember Bellman stated that he had received a call from a resident on
Newark-Granville Road concerning the placement of a generator for the Bryn Du Lift
station and was wondering if there were any alternatives for the placement of that
generator.
Assistant Village Manager Joe Hickman stated that the Village has four sewage
lift stations. He stated that the two located at Clear Run and Bryn Du Woods have two
pumps with no standby generator. He stated that if the power should go out,it would
not take much to overflow the lift station. He stated that as time goes by and more
homes and businesses are added,the lift station is even more likely to overflow. He
stated that ifthat should happen,raw sewage would be floating in yards.
Manager Plunkett stated that before the Village did anything,Mr. Hickman had
accompanied the resident on Newark-Granville Road to the lift station and showed
him what was being planned. They also went and looked at other generators so that the
resident would know exactly what was planned. The Village has discussed additional
landscaping and sound deadening solutions for the generator. Installing a fence around
the generator was suggested,but the fence might draw attention rather than distract.
He stated that planting more trees is an option that would both hide and provide some sound deadening.
Mr. Hickman stated that the noise decibel reading at 10 feet is 85 decibels. He
stated that at the same distance,the road traffic measures 75 decibels. He stated the
home is 110 to 120 feet away from the generator. Mr. Hickman stated that the
generator would run once weekly for 30 minutes to exercise and test.
After a discussion,Manager Plunkett stated that the Village will keep looking
at solutions and keep working with the concerned resident before acting on the placement of the generator.
ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 9:05 p.m. Seconded by Councilmember Bennett. Motion carried.

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