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The regular meeting of the Danbury Township Board of Trustees held May 12th, 2010 at 7:00 p.m. was called to order by President Ms. Dianne M. Rozak, with Ms. Rozak, Mr. David M. Hirt, and Mr. Charles B. Scott in attendance. Also present: Fiscal Officer Shelley Seamon, Police Chief Mike Meisler, Road Superintendent Jim Dress, and Zoning Inspector Rhonda Botti Sowers.
Visitors to the meeting were: Rita Mahler, Ed Gensler, Paul Bauders, Lloyd Dayton, Tony Novak, Matt Seamon, Matthew Seamon, John Englebeck, Sonja Kristensen, and Nancy Kristensen.
Approve Minutes
The minutes of the regular meeting and the zoning hearing held April 28thth, 2010 were approved as submitted.
Correspondence
The following correspondence was received:
A letter from the Ottawa County Engineers Office regarding Round 25 of the SCIP & LTIP funding provided by the Ohio Public Works Commission. The letter states they are offering assistance with preparing applications and need to be notified by June 4, 2010 if the township is interested. If notification is not received by the deadline it will be determined that the township does not want to participate in this round.
A letter from Milton Pommeranz President of BEC Associates addressed to Mark Mulligan regarding the Meadowbrook Boardwalk. The letter states that Young Brothers Construction will have the repairs to the boardwalk completed by June 1, 2010. Ms. Rozak reported Young Brothers Construction had started repairing the boardwalk.
A letter from Paul Stephens of Bay Pest Control regarding pest control at the 419 S. Bridge Rd. Mr. Stephens asks to continue servicing the building and recommends treatments in the spring and fall. The cost per treatment is $140.00. The township currently contracts with Spiderman for pest control. Ms. Rozak asked Mr. Dress to obtain a quote from Spiderman for comparison.
A thank you letter from the Ottawa County Sheriff’s Department for a recent donation to the Marine Patrol Program.
An email from Dick Kiser to the Danbury Township Zoning Department regarding the new Danbury Township Zoning Resolution dated September 23, 2009. Mr. Kiser states the zoning regulations were very well organized and he liked the Table of Contents with colored page tabs, drawings and charts along with being interactive and having the ability to “click and go to” an individual page. This makes the various sections much easier to find and it also removes or greatly reduces, any ambiguity when trying to interpret the desire of the zoning regulations. Nice job.
A thank you letter from Debbie Paul to the Board of Trustees commending, Chief Mike Meisler and his patrolman on the top notch job they do day in and day out to serve and protect the residents/visitors of Danbury Township.
The following correspondence was sent:
Annual letter to marina owners, boat transportation services and boating-related companies requesting that from May through September no boat hauling occur from noon on Friday’s through 7:00 p.m. on Sundays on the major roads with in the township: SR 163, SR 269, North and South and Bayshore Rd.
Committee Reports
Roads, Buildings, and Grounds
Mr. Scott reported the maintenance department was busy mowing grass, maintaining the baseball fields and brush drop off area and maintaining ditches. Mr. Dress and his staff have completed the batting cage installation. With the recent storms there are several tree limbs down in the township parks which purposes Public Safety issues. Mr. Scott reported the maintenance staff will be assessing where tree trimming is needed and a quote will be obtained. Mr. Dress received notification from the Ottawa County Engineers Office to jet clean several road culverts on Englebeck Rd. The Board of Trustees signed the necessary paperwork and there will be no cost to the township. There was discussion of changing the maintenance department hours to obtain flexibility. Ms. Rozak thanked Mr. Dress for planting the cosmos seeds.
Police
Chief Mike Meisler reported 350 incidents handled by his department in the month of Apri1 and 154 incidents to date in the month of May.
Zoning
Zoning Inspector Rhonda Botti Sowers submitted a report listing 15 permits issued to date in the month of April and 4 permits issued to date in the month of May. Ms. Sowers gave an overview of the monthly activity handled by her department for the April and presented the board with the following detailed report.
Danbury Township Zoning
Monthly Report April 2010
Comprehensive Land Use Plan Review
First meeting of the committee to review the Comprehensive Land Use Plan was held April 15. The committee is comprised of township officials involved with zoning and community members who volunteered to assist in the process. Their first task is to review and comment on the goals and objectives established during the last plan update in 2003. The committee is aided in the process by Walt Wehenkel, assistant director of the Ottawa Regional Planning Commission. The next meeting is scheduled for May 11.
Training & Professional Growth
The Zoning staff devoted considerable time in April to customize and coordinate training for the Board of Zoning Appeals members. The training to be held May 13 will focus on receiving testimony as well as preparing findings of fact and conclusions of law. Presenters at the training will be County Prosecutor Mark Mulligan as well as attorneys John Coppeler of Flynn, Py and Kruse and Jeff Stopar of Eastman and Smith. All three are knowledgeable of Danbury Township’s zoning resolution and experienced at representing the township on zoning matters.
Board & Commission Activity
The Board of Zoning Appeals conducted 1 hearing in April as follows:
#032-10 modification to a condominium conditional use continued
The Zoning Commission conducted 1 hearing in April as follows:
#021-10 text amendments for the "L" district approved
as modified
The Board of Trustees also held a hearing on the above text amendments and voted unanimously to approve them with modifications recommended for legal compliance.
Appeals Filed
Following the Ottawa County Common Pleas Court ruling which upheld the zoning resolution as it applies to parking in the "L" district the decision was appealed by Gerry F. Drackett, et al to the Sixth District Court of Appeals. Because there was another Drackett appeal pending the Court combined the cases and will set a new date to hear oral arguments on both at the same time.
An appeal was filed in Ottawa County Common Pleas Court by Charles J. Walters following a BZA decision denying Mr. Walters a variance to locate an accessory building in his front yard.
Permits
Fifteen permit applications were processed during April and $888.76 collected in fees. Residential permits were issued for a new dwelling in the North Coast Canal subdivision, three room additions, one deck, one accessory building and three fences. Commercial permits were issued for a development sign at the Bailiwick subdivision and a new commercial building, Cobblestone Confections, which recently relocated to Fort Firelands. Two permits were rejected which resulted in two area variance applications being filed.
Calls and Site Visits
A primary activity of the Zoning staff is responding to inquiries from residents, developers, appraisers, contractors, etc. Inspections are performed to verify or identify violations as well as to verify that projects are completed in compliance with approved plans. In addition, the department staff greets visitors seeking information regarding other township services and directs them to the appropriate official or department.
During the month of April 2010 the Department responded to 404 calls, e-mails and in-person inquiries and went on 24 site visits. Here is the breakdown:
Calls
• Permit and application questions 90
• Zoning classification requests 7
• Inquiries regarding BZA applications 47
• Inquiries regarding Zoning Commission applications 14
• Other 136
• Non-zoning related 110
Site Visits
• For zoning violations 5
• For Zoning Commission cases 0
• For BZA cases 1
• For other inspections 18
Board of Zoning Appeals
The Danbury Township Board of Zoning Appeals will hold hearings at the Danbury Township Hall, 5972 E. Port Clinton Eastern Rd., Marblehead, OH 43440 on Wednesday, May 19th, 2010 beginning at 6:30 p.m. on the following applications:
#043-10 by William and Susan Knauer requesting an area variance to allow a rear yard setback of 16 feet from the water’s edge for the purposes of constructing a deck at 2164 S. Dr. in the “R-3” High Density Residential district. The minimum required setback is 25 feet.
#047-10 by Tim and Jennie Tilton requesting an area variance to allow expansion of a non-conforming structure in excess of 20% of the floor area contained in the original building at the time zoning was adopted for the purpose of constructing an addition at 630 Cedar Ave. in the “L” district.
Fiscal Report
Ms. Seamon reported the current certificate of deposit rates at The Marblehead Bank were .33% for a 6 month CD and .64% for a 12 month CD, for CD’s starting at $100,000.00 and as of April 30th, 2010 Star Ohio was earning .10%. Ms. Seamon explained that the payments to the Lakeside Volunteer Fire Department and The Village of Marblehead for the Fire/EMS levies were due June , 9th, 2010 and advised the board to invest in a CD after these payments were disbursed. The board agreed. Ms. Seamon also reported she will be taking the required CPMI training for budgeting and investing on June 17th, 2010. Ms. Seamon presented the board with a monthly fiscal report .
Credit Card Policy
The board reviewed the modifications made to the credit card policy which implemented the procedures followed for the past several years. After discussion, Ms. Rozak will send the credit card policy to Mark Mulligan for his review and recommendations. The discussion will continue at the next regular meeting.
Bayshore/269 South Intersection
Police Chief Mike Meisler obtained a quote from TAPCO to replace the LED “Cross Traffic Does Not Stop” blinker sign in the amount of $1,350.00 at the intersection of Bayshore Road and State Route 269. Mr. Meisler reported the current post would not need to be replaced and the new sign would be 36” x 24” , black and yellow, with 8 Amber LED solar lights and recommend the current sign be removed and placed on the stop sign on Danbury North Rd.
Ms. Rozak moved to approve a quote from TAPCO in the amount of $1,350.00 to purchase a new LED “Cross Traffic Does Not Stop” sign. Second by: Mr. Hirt. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Goodwill
The Goodwill donation box is now in place next to the recycling bins.
Keeper’ House
Ms. Rozak reported that the board of trustees had been approached regarding acquiring The Keeper’s House which is maintained by the Ottawa County Historical Society. Ms. Rozak contacted Bill Coder on the matter and reported they would need to meet individually with board members or hold a work session. Ms. Rozak stated it was the responsibility of the township to assist with preserving and protecting historic sites, this was an unusual request that the board should obtain the input from residents on if this was a direction the township should be taking.
The board of trustees scheduled a public work session to be held at The Danbury Township Hall, at 5972 E. Port Clinton Eastern Rd., Marblehead, OH 43440, at 6:30 p.m. on May 25th, 2010. The purpose being to meet with the Ottawa County Historical Society board members to discuss the potential acquisition of the Keeper’s House
Letter of Support
Ms. Rozak reported she had been contacted by Mayor Debbie Hymore -Tester regarding Port Clinton City Council’s interest in securing funds to repair Fulton St. which is the main access to Magruder Hospital. Ms. Rozak read the letter of support she had prepared and it is available at the office of the fiscal officer for review.
Mr. Hirt moved to send the letter of support to Mayor Debbie Hymore-Tester regarding the repairs of Fulton Street. Second by: Mr. Scott. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
7055 East Harbor Rd., Nuisance Complaint
The board of trustees received a complaint from Edward Gensler regarding property owned by Brad Leyda located at 7055 E. Harbor Rd. The complaint states the property is an eyesore, and devalues the adjacent properties and that the owner may be living on the property. Neither the home nor yard are being properly maintained which purposes potential health hazards. The property is being used for the storage of four older boats and the hull of one of the boat is now filled with water and debris.
Mr. Gensler was present at the meeting and stated that this was the third complaint he had filed and he was asking the board for their help in getting this property cleaned up.
After a lengthy discussion of the condition of the property and the potential health/fire hazards, Zoning Inspector, Rhonda Botti-Sowers, will address the zoning violations and Ms. Rozak will contact the Ottawa County Health Department and the Ottawa County Prosecutor.
Approve Payment of Bills
After examining the following bills in the amount $26,018.13. Mr. Hirt moved that they be accepted and warrants for the various amounts be drawn. Second by: Mr. Scott. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak. Motion carried.
34771 John L Belcher 4/17/10-4/30/10 Salary $1,020.60
34772 Daniel J Bergman 4/17/10-4/30/10 Salary $1,146.88
34773 Deborah K Burley-Biro 4/17/10-4/30/10 Salary $ 590.71
34774 J. Charles Cunningham 4/17/10-4/30/10 Salary $1,336.64
34775 James E Dress 4/17/10-4/30/10 Salary $ 956.35
34776 Jared E Griffith 4/17/10-4/30/10 Salary $1,069.66
34777 David M Hirt 5/1/10 to 5/31/10 Salary $ 828.55
34778 Bradford K LaMarca 4/17/10-4/30/10 Salary $1,195.94
34779 Mark A Meisler 4/17/10-4/30/10 Salary $1,339.50
34780 Michael S Meisler 4/17/10-4/30/10 Salary $1,505.98
34781 Dianne M Rozak 5/1/10 to 5/31/10 Salary $ 879.50
34782 Charles B Scott 5/1/10 to 5/31/10 Salary $ 903.52
34783 Shelley J Seamon 5/1/10 to 5/31/10 Salary $1,363.35
34784 Rhonda Botti Sowers 4/17/10-4/30/10 Salary $1,158.10
34785 Brandon L Taylor 4/17/10-4/30/10 Salary $1,338.43
34786 Brett A Waldron 4/17/10-4/30/10 Salary $ 998.49
34787 Joshua P Young 4/17/10-4/30/10 Salary $1,264.28
34788 State Disbursement Child Support WH $ 72.00
34789 OCSPC Child Support WH $ 141.23
34790 OCSE Water& Sewer $ 35.50
34791 VFW Post 7572 Memorial Expenses $ 100.00
34792 Crop Production Services Lime $ 72.00
34793 Capital Tire Inc. Tires $1,607.44
34794 Culligan Bottled Water $ 42.60
34796 Hartung Title Agency Affidavit –Zoning $ 125.00
34797 Starcher Enterprises Misc. Supplies $ 313.50
34798 Pocket Press, Inc. Law Books Police $ 118.86
34799 The Peninsula News Legal Ads-Zoning $ 61.65
34800 D.R. Ebel Supplies Police $ 153.56
34801 Fremont Fence & Guard Rail Co. Batting Cage Assembly $ 15.68
34802 Postmaster Stamps Police $ 44.00
34803 American Legion Post 555 Memorial Expenses $ 100.00
34804 Luckey Farmers Inc. Gasoline Police/R&B $2,547.00
34805 James E Dress Reimburse Batting Cage Mat $ 39.99
34806 Bergman Greenhouse & Market Flowers Hall/Parks $ 455.20
34807 Hylant Admin. Services Property Insurance PD/R&B $ 191.00
34808 Lowe’s Supplies $ 34.44
34809 West Publishing OCR Books $ 124.00
34810 County Treasurers’ Ed. Fund CPMI Fee Fiscal $ 100.00
34811 Clear Zoning Zoning Updates $ 450.00
34812 Richard W. Thompson Advantage/THOMCO Netting $ 177.00
Approve Monthly Financial Reports / Bank Reconciliation
Mr. Scott move to approve the April financial reports and the April Bank Reconciliation as submitted by the fiscal officer. Second by: Ms. Rozak. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Approve Bond Renewal
Ms. Rozak move to approve the renewal of Road Superintendent Jim Dress’s bond in the amount of $5000.00. Second by: Mr. Hirt. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Supplemental Appropriations
Mr. Scott moved to approve supplemental appropriations for the police department utility costs at 419 S. Bridge Rd., in the amount of $10,500.00, they were as follows:
Transfer $5,000.00 from 2081-210-599 Other-Other Expenses to 2081-210-351 Electricity. Transfer $500.00 from 2081-210-599 Other-Other Expenses to 2081-210-352 Water & Sewer. Transfer $5,000.00 from 2081-210-599 Other-Other Expenses to 2081-210-353 Natural Gas.
Second by: Mr. Hirt. Mr. Hirt. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Approve payment to Bills Implement Sales Inc.
Ms. Rozak move to approve payment in the amount of $375.92 (warrant # 34795) to Bill’s Implement Sales Inc. to purchase a trimmer and tiller attachment for the maintenance department.
Second by: Mr. Scott. Vote: Mr. Hirt-abstained, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Guest Speaker
Mr. Scott reported the Ottawa County Commissioner, Mark Stahl will be in attendance at the May 26th, 2010 to answer question and provide a county update.
Zoning Office Hours
Mr. Scott purposed to extend the office hours that the zoning department is open for more flexibility .
Walking Trails at the 15 Acre Property
Ms. Rozak reported she would like the board to think about using the excess mulch to construct walking trails in the woods located on the 15 acre property on Bridge Rd.
Comments & Concerns
Tony Novak stated that having the Goodwill donation box was a good idea.
Sonja Kristensen asked what the cost was for the attorney’s at the Board of Zoning Appeals training being held May 13th, 2010. Ms. Sowers reported she did not have the final cost, but the cost would definitely not exceed the appropriated amount for training. Lloyd Dayton spoke of the he attended regarding the East Harbor State Park Beach break wall and condition of the beach. He also presented the board with a CD showing how the beach was before the break wall was installed.
Executive Session
Ms. Rozak moved to go into executive session at 8:10 p.m. to discuss compensation.
Second by: Mr. Hirt. Vote-Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Ms. Rozak reconvened the meeting at 9:40 p.m.
Ms. Rozak moved to credit Mark Meisler with 20 hours of sick time used for worker’s compensation related medical treatments. Second by: Mr. Scott. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
There being no further business the meeting was adjourned at 9:40 p.m.
The only official public record of Danbury Township is the paper file(s) located at Danbury Township Hall. The official approved copy of township minutes including attachments and references is available for review or purchase. Contact the Township Fiscal Officer at (419) 732-3039 or via e-mail fiscalofficer@danburytownship.com to make arrangements for record review or purchase.
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