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The regular meeting of the Danbury Board of Trustees held March 10th, 2010 at 7:00 p.m. was called to order by President, Ms. Dianne 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 Supt. Jim Dress, and Zoning Inspector Rhonda Botti Sowers.
Visitors to the meeting were: John Englebeck, Rita Mahler, Bruce Schermbeck, Matt Seamon, William Hirt Jr., Nancy Kristensen, and Sonja Kristensen.
Approve Minutes
The minutes for the zoning hearing and the regular meeting held February 24th, 2010, were approved as submitted.
Correspondence
The following correspondence was received:
Anthem Life Insurance Company- Effective January 1st, 2010 a new short term disability benefit was added for Newborn and Parenting Resources.
The Annual Meeting of the Ottawa County Township Association will be held Tuesday, April 6th, 2010 at 9:00 a.m. at the Ottawa County Fair Grounds, in Oak Harbor, OH.
Ohio Historical Society responded concerning the RTP/COTF grant application.
Notice from Time Warner Cable that the 3% franchise fee collected in 2009 amounted to $1,489,980.00. The notice accompanied the annual payment.
Public records request was received via email from the Ohio Citizens Board Association.
Notice that the first of two public hearings for the FY 2010 CDBG program will be held on March 23, 2010 at 1:30 p.m. in the Ottawa County Courthouse Assembly room.
Communities and county agencies are asked to submit potential projects to the Ottawa Regional Planning Commission by May 3rd, 2010. To qualify at least fifty-one percent of all beneficiaries must be low and moderate income or the project must abide in the elimination of slum or blighted conditions.
The United States Department of Commerce on behalf of the U.S. Census Bureau sent notice on the Census Bureau “Take 10” challenge campaign which gives a wide range of tools to inspire the community to meet the challenge. The 2000 Census return rate was seventy-two percent. The 2010 Census questionnaires are delivered from March 15th, 2010 to March 17th, 2010.
A letter from Bruce Schermbeck to Police Chief Mike Meisler thanking officer Brandon Taylor for his immediate response to a 911 call. Mr. Taylor acted professionally and was very kind to Mr. Schermbeck and his wife during incident.
Committee Reports
Roads, Buildings and Grounds
Mr. Scott presented the board with quotes Mr. Dress obtained from Ken Clark Jr. at Fremont Fence and Guard Rail Co. for the dugouts and backstop netting to make the park improvements. The quotes were as follows: Dugouts for north field $2,891.00 and Backstop Safety Nets for both fields $8,304.00. Also discussed was the purchase of a batting cage. Mr. Scott reported the cost to purchase the batting cage and shipping was estimated at $1,500.00 which is the amount the Peninsula Athletic Youth League donated to the township which was to be used for improvement to the hall park.
Approve Dugouts and Backstop Nets
Ms. Rozak moved to approve the quote from Fremont Fence and Guard Rail Co. in the amount of $11,195.00 for dugouts north field and backstop nets for both fields. Second by: Mr. Hirt. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Approve Batting Cage
Ms. Rozak moved to approve using the funds donated by the PYAL in the amount of $1,500.00 to purchase the batting cage. Second by: Mr. Hirt. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried
Meadowbrook Park
Ms. Rozak thanked Jim Dress for constructing and installing a trail map box at Meadowbrook Park.
Ms. Rozak reported meeting with Kevin Smith of KF Ventures, the contractor for the ADA parking area asking him to contact Mr. Dress in regards to work the maintenance department could perform to save costs.
Police
Police Chief Mike Meisler reported 214incidents handled by his department in February and 73 to date in March.
Fire
Mr. Hirt reported meeting with the LVFD and MVFD to discuss the expiring fire levy.
Safety
Ms. Rozak reported a safety committee meeting was held on March 9th, 2010. The Drug Free Work Place refresher meeting will be held on March 23rd, 2010 at 1:00 p.m. for employees and at 2:15 p.m. for supervisors. If anyone is unable to attend, there will be a course available at Firelands on March 24th, 2010. The Drug Free Work Place refresher meeting is a mandate of the BWC. Fire training will be coming up in April, the tentative date being April the 20th. The training is not mandatory and will last about an hour and a half.
Zoning
Zoning Inspector Rhonda Botti Sowers submitted a report listing 8 permits issued during the month of February and 2 permits to date in March.
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, March 17th, 2010 beginning at 6:30 p.m. on the following applications:
#010-10 by Charles Walters requesting an area variance to allow a 14 ft. by 28 ft. accessory building (garage) to be located in the front yard at 2416 S. Linda Dr. in the “R-3” High Density Residential district. Accessory buildings are permitted only in the side or rear yard.
#019-10 by Thomas A. Brickely requesting an variance to allow the 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 2184 Harborview Dr. in the “R-C” Recreational-Commercial district.
Monthly Detailed Zoning Report
Ms. Sowers and Ms. Biro attended training seminars at the Ohio Township Association Winter Conference in Columbus, OH February 18th and 19th. The information they obtained was shared with the Zoning Commission and Board of Zoning Appeals at their March meetings.
The Board of Zoning Appeals heard 4 cases and the Zoning Commission heard 2 cases during the month of February.
Calls during the month of February were as follows:
Permit and application questions 125
Zoning classification requests 7
Inquires regarding BZA applications 46
Inquires regarding ZC applications 36
Other 47
Non-zoning related 21
Sites Visits during the month of February were as follows:
Zoning violations 6
Zoning Commission cases 2
BZA cases 4
Other inspections 2
Parking Area for Fishermen at Meadowbrook Park
Ms. Rozak reported meeting with Mr. Waggoner at the building department regarding the parking area, there are no issues with reference to the flood plains. A permit application would need to be filed to proceed with the construction, the cost being $35.00. The cost for the gravel parking area was estimated at $3000.00 which is for materials only with maintenance department doing the installation.
Approve Permit Application Fee
Ms. Rozak moved to make application to the building department in the amount of $35 to proceed with the gravel parking area. Second by: Mr. Hirt. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Lawnmowers
Mr. Scott obtained quotes from Tuffman Equipment & Supply and Bill’s Implement Sales they were as follows:
Tuffman Equipment & Supply Quote:
2010 Ferris Zero Turn Mower 61” Mowing Deck with 30 H.P.
Cost Per Lawnmower $8,210.15
Bill’s Implement Sales Quote:
2010 Ferris Zero Turn Mower 61” Mowing Deck with 30 H.P.
Cost Per Lawnmower $ 8,600.00
Trade in allowance $(2,400.00)
Final Cost $ 6,200.00
2010 Ferris Zero Turn Mower 52” Mowing Deck with 22 H.P.
Cost $ 7,000.00
Trade in allowance $(2,800.00)
Final Cost $ 4,200.00
The purchase of the lawnmowers from Bill’s Implement Sales was pending due to the receipt of information regarding ethics.
Mr. Scott reviewed the following information obtained from county prosecutor Mark Mulligan regarding ethics. Under 2921.42 RC it is not a violation of the law if this four-part test is met.
1. The subject is something necessary for the Township, and:
2. The supplies or services are unobtainable elsewhere for the same or lower cost or the subject of the contract is part of a continuing course of dealing established prior to the trustees election, and;
3. The treatment accorded the Township is the same as or more favorable as the treatment offered other customers in similar transactions;
4. The transaction is conducted at arms length with full knowledge of all the relationships and the trustee in question takes no part in the deliberations or decision.
After reviewing the four-part test, Mr. Scott and Ms. Rozak agreed there was no conflict with purchasing the lawnmowers from Bill’s Implements Sales. Mr. Hirt was absent during all discussion of the lawnmower purchase.
Approve Lawnmower Purchase
Mr. Scott moved to purchase two 2010 Ferris Zero Turn Mowers 61” in the amount of $12,400 and a 2010 Ferris Zero Turn Mower 52” in the amount of $4,200 from
Bill’s Implements Sales. Second by: Ms. Rozak. Vote: Mr. Scott-yes, Ms. Rozak-yes, Mr. Hirt was absent from voting. Motion carried.
Approve Taser Final Quote
Ms. Rozak moved to approve the final quote from Vance’s Law Enforcement for the purchase of tasers in the amount of $4,899.72. Second by: Mr. Hirt. Vote, Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried
Approve Cell Phone and Credit Card Usage Polices
Ms. Rozak moved to approve the Township cell phone and credit card usage polices. Second by: Mr. Scott. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Tree Planting at Meadowbrook Park
Ms. Rozak reported receiving an email from William Smith in regards to purchasing trees from the Ottawa Soil and Water Conservation District tree program, which would be planted at Meadowbrook Park to provide screening from the houses located to the east. It was discussed that the area suggested for planting the trees was shaded and whether they would grow.
Fire & EMS Contract Payments
Contract payment amounts for this year will be $175,000.00 to each department for fire service and $59,000.00 to each department for EMS service.
Jeannie Drive & Lake Point Entrance Paving
The Trustees approved the requisition to the Ottawa County Engineer’s Office for quotes to pave the cul-de-sac on Jeannie Drive and the entrance drive at Lake Point. Discussion will continue.
Kelley Cemetery
Ms. Rozak reported speaking with Kathy Grindle an out-of-state resident who has relatives buried at Kelley Cemetery. She offered to coordinate clearing the 16 foot access strip at the cemetery. Ms. Rozak explained to Ms. Grindle, that the township only owns the 16 foot strip from Hartshorne Road going back to the cliff edge, verbal permission from three individuals is needed before township employees can access the property, and the township does not own the equipment to do the clearing. Ms. Rozak will request Ms. Grindle to provide a plan to the board for further discussion.
Health Insurance Renewal
The Trustees received notification that the health insurance premiums through its carrier Anthem BC/BS will increase 5.6% effective with the April 1st, 2010 renewal. This will be a monthly premium increase of $1,103.90.
Ms. Rozak reported she had been contacted by Kevin Lindsley of Cornerstone Insurance wanting to give an insurance quote for the township. Ms. Rozak explained the situation under the ORC with elected officials not receiving an increase or decrease during their terms. Mr. Lindsley will contact Ms. Rozak once he has done some research on the situation.
Administrative Complex
Mr. Scott reported he and Mr. Dress meet with Phil Whaley of Poggemeyer Design to receive an opinion on the structure of the township building. It was determined the building is structurally sound and minor repairs would be needed. There was a discussion on the remodeling of offices, window and door replacement, ADA compliance and the sewer system. Mr. Scott will move to obtain costs on the above and discussion will continue. Mr. Schermbeck commended Mr. Scott on his choice of engineer.
Ms. Rozak presented the board with detailed information from Michael Sharb of Squires, Sanders, & Dempsey regarding bond counsel. Under RC 505.262 is the statute pursuant to which the Township would issue the bonds, RC 505.262(B) requires that the county auditor certify that the debt charges in the first year, together with debt charges for the same year for any other projects under RC 505.262 does not exceed “one-tenth of the township’s total revenue from all sources.” Ms. Rozak provided the board with a detailed annual payment schedule if the township were to borrow $2,400,000.00 the annual repayment per department over a ten year period would be as follows: Maintenance $242,595.00, Administration $145,797, & Police Dept. $97,198.00 which was based on the last estimate to build a new administrative complex.
Health District Advisory Council
Mr. Hirt reported the Health District Advisory Council meeting will be held on March 11th,2010 at 6:00 p.m. at the Board of Health. The report of the health commissioner will be heard and an appointment of a new member.
Approve Payment of Bills
Mr. Scott moved to approve the payment of bills in the amount of $30,545.17.
Second by: Mr. Hirt. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms Rozak-yes. Motion carried.
34564 John L. Belcher 2/6/10 to 2/19/10 Salary $1,041.95
34565 Daniel J. Bergman 2/6/10 to 2/19/10 Salary $1,203.71
34566 Deborah K. Burley-Biro 2/6/10 to 2/19/10 Salary $368.86
34567 J. Charles Cunningham 2/6/10 to 2/19/10 Salary $1,380.05
34568 James E. Dress 2/6/10 to 2/19/10 Salary $1,337.10
34569 Jared E. Griffith 2/6/10 to 2/19/10 Salary $1,264.34
34570 Bradford K. LaMarca 2/6/10 to 2/19/10 Salary $1,305.23
34571 Mark A. Meisler 2/6/10 to 2/19/10 Salary $1,283.24
34572 Michael S. Meisler 2/6/10 to 2/19/10 Salary $1,619.11
34573 Rhonda Botti Sowers 2/6/10 to 2/19/10 Salary $1,183.10
34574 Brandon L. Taylor 2/6/10 to 2/19/10 Salary $1,226.38
34575 Brett A . Waldron 2/6/10 to 2/19/10 Salary $1,257.32
34576 Joshua P. Young 2/6/10 to 2/19/10 Salary $1,351.95
34577 State Disbursement Child Support $72.00
34578 OCSPC Child Support $141.23
34579 Myers-De' Propane Propane $568.41
34580 Postmaster Spring mailer postage $794.64
34581 Deborah K. Burley-Biro Reimburse OTA & Postage Exp. $252.82
34582 Ottawa Co. Drug Task Force Donation $2,000.00
34583 Transcore Annual Siren Contract $3,395.00
34584 OCSE Water $22.00
34585 Luckey Farmers, Inc. Gas & Diesel Fuel $3,675.43
34586 Rakich & Rakich, Inc. PD Supplies MSM $95.50
34587 Firelands Reg. Medical Center Drug Testing $51.00
34588 Starcher Enterprises Shipping Cost $13.00
34589 The Peninsula News Legal Ads - Zoning $72.95
34590 Rhonda Botti Sowers Reimburse Zoning Photos $6.48
34591 Marshall & Melhorn, LLC Legal Fees - General $901.99
34592 Lakeland Auto Operating Supplies R&B $105.52
34593 Port Clinton Ford Mercury Repairs & Maintenance PD $120.00
34594 NE WI Technical College Training Fees - PD $395.00
34595 Truck Sales & Service Repairs & Maintenance R&B $749.57
34596 Lakeland Auto Operating Supplies R&B $63.22
34597 Lakecraft Corp. Repair & Maintenance R&B $116.00
34598 Momar, Inc. Operating Supplies PD $161.20
34599 D.R. Ebel Operating Supplies PD & R& B $743.59
34600 First Communications Long Distance $29.14
34601 Lowe;s Operating Supplies Hall/R&B $94.14
34602 Dianne M. Rozak Reimburse OCBD Fee $18.00
34603 OTA Zoning Source Book $30.00
34604 OCBD Permit fee $35.00
Approve February Financial and Bank Reconciliation Reports
Ms. Rozak moved to approve February Financial and Bank Reconciliation Reports. Second By: Mr. Scott. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak- yes. Motion carried.
Approve repayment of General
Mr. Hirt moved to approve the repayment to the general fund in the amount of $36,964.43 for the Land and Water Conservation grant reimbursement check that was received. Second By: Mr. Scott. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Spring Newsletter
The spring newsletter is being mailed out and in the newsletter will be the new email addresses for township officials, as well as the police, roads, and zoning departments.
Battlefield Park
Ms. Rozak reported she was contacted by Paul Moon regarding a reenactment that will be planned in September 2012 to be held at Battlefield Park. To commemorate the 200th Anniversary of the War of 1812.
Land Use Committee
The Land Use Committee will be held on April 15th, 2010 at 6.00p.m. at the Danbury Township Hall.
Comments/Concerns
Matt Seamon stated that the board should drag their feet to make an offer on the property at 419 S. Bridge Rd.
Executive Session
Ms. Rozak move to go into executive session at 8:45 p.m. to discuss compensation. Second by: Mr. Hirt. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Ms. Rozak reconvened at 9:20 p.m.
Approve Sick Time Credit
Ms. Rozak moved to credit Mark Meisler with 263 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.
There being no further business the meeting was adjourned at 9:20 p.m.
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