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The regular meeting of the Danbury Township Board of Trustees held August 12, 2009 was called to order by the President, Ms. Dianne M. Rozak with Ms. Rozak, Mr. John C. Englebeck and Mr. David M. Hirt in attendance. Also present were Fiscal Officer Rhonda Botti Sowers, Road Supt. Jim Dress and Police Chief Mike Meisler.
Visitors at the meeting were Sara Weber, Nancy Kristensen, Sonja Kristensen and Tony Sedlak.
Approve Minutes
Minutes of the July 22 zoning and regular meetings and the August 11 special meeting were approved as submitted.
Correspondence
The following correspondence was received:
Notice from the Ohio Department of Natural Resources acknowledging receipt of the plans/specifications for the Meadowbrook Phase 2 bike trail and authorizing the Board to proceed with the project.
Membership renewal application from the Marblehead Peninsula Chamber of Commerce and information from the Laker Athletic Boosters to place the Board’s advertisement in the 2009/2010 athletic program. The Board will continue both. Cost of these items is paid personally by the Trustees and Fiscal Officer, not from township funds.
Notice that the Ottawa Regional Planning Commission will review a preliminary replat of Lot 41 and Reserve Areas A & B of Harbor Bay Estates Plats I & II at its regular meeting on August 18, 2009. The replat proposes the creation of five lots and five reserve areas.
A memo from the Ottawa County Board of Elections outlining the 3-step procedure to be followed by any political subdivision prior to filing a tax levy for placement on the ballot. Copy of the relevant pages from the Secretary of State’s handbook was included.
Committee Reports
Roads, Buildings and Grounds
Mr. Englebeck reported that construction of the Meadowbrook boardwalk will be able to proceed as soon as permits are obtained from the county building department.
Police and Fire
Chief Mike Meisler reported 533 incidents handled by his department during the month of July and 201 incidents during the month of August to date.
Safety
Nothing to report.
Zoning
Zoning Permits
Zoning Inspector Rhonda Sowers reported 9 permit applications processed during the month of July and 3 permits to date in August.
Board of Zoning Appeals
The Danbury Township Board of Zoning Appeals will hold hearings on Wednesday, August 19, 2009 beginning at 6:30 p.m. on the following applications:
#073-09 by Jeffrey Melton, requesting an area variance to allow a front yard setback
of 6 feet, a side yard setback of 3 feet, two off-street parking spaces with a width of 9.67 feet, and the expansion of a nonconforming structure by more than 20% of the floor area contained in the original structure for the purpose of constructing a front porch and rear addition at 162 N. Laser Lane in the “R-C” Recreational-Commercial district. The minimum required setbacks for this property are 20 feet front yard and 5 feet side yard and the minimum parking space width requirement is 10 feet.
#077-09 by Michael Prosser, agent for Louisville Title Agency requesting an area variance to
allow the construction of a dock prior to a house being built at 2461 Harbor Bay Dr. in the “R-
C” Recreational-Commercial district.
Common Pleas Court Decisions
Trustees received notice that Judge Moon has upheld the decision of the Board of Zoning Appeals in cases 07-CVH-508 and 07-CVH-509, Drackett vs Danbury Township Board of Zoning Appeals.
Request to Stripe Crosswalk
The Board received guidance from the County Engineer on requirements for striping a crosswalk on a public road. Trustees will prepare a written agreement for Lakeside's consideration to stripe and maintain a crosswalk on Erie Beach Road.
Nuisance Complaints
Lot 26, West Harbor Landings
Mr. Hirt will report back at the next meeting as to whether property owned by Raymond Pasquali, Lot 26 in West Harbor Landings subdivision has been mowed.
238 Sunnydale
Ms. Rozak said the property at 238 Sunnydale owned by James Seiling has been mowed.
202 Sunnydale
Having viewed the site and noting that it once again needs to be mowed, Ms. Rozak moved to declare the property at 202 Sunnydale a nuisance and notify Attorney Linda Kroeger, executor of the estate of David Caputo, that if it is not mowed within seven (7) days the Board will proceed in having it mowed by Wright’s Total Lawn Care and the cost placed upon the tax duplicate of the property. Second by Mr. Hirt. Vote: Mr. Hirt-yes; Mr. Englebeck-yes; Ms. Rozak-yes. Motion carried.
Due to the fact that the original mowing could not be done until considerable debris was removed from the property Mr. Hirt moved to authorize payment to Printy Enterprises in the amount of $632.50 for expenses incurred in abating the nuisance at 202 Sunnydale, which included mowing as well as extra man hours for clean-up and the cost of a dumpster. Second by Mr. Englebeck. Vote: Mr. Hirt-yes; Mr. Englebeck-yes; Ms. Rozak-yes. Motion carried.
Resolution Establishing A Video Service Provider Fee To Be Paid By Any Video Service Provider Offering Video Service In The Unincorporated Area Of Danbury Township
It was moved by Mr. Hirt to adopt the following:
WHEREAS, the Ohio General assembly enacted Sections 1332.21 through 1332.34 of the Ohio Revised Code, effective September 24, 2007, to provide a statewide “uniform regulatory framework” for the provision of cable television and/or other video service (the “Video Law”); and
WHEREAS, under the Video Law a video service provider that is providing video service to subscribers in the unincorporated area of the Township pursuant to a state-issued video service authorization must pay the Township a video service provider fee (“VSP Fee”) based on a percentage of the provider’s gross revenues received from providing video service in the unincorporated area of the Township, not to exceed five percent (5%) of such gross revenues; and
WHEREAS, the Video Law requires that the percentage of gross revenues on which VSP Fees are paid must be the same as the percentage of gross revenues that a cable operator pays pursuant to a franchise agreement that is in effect in the unincorporated area of the Township (the VSP Fee Percentage) or, if there is no effective franchise agreement under which franchise fees are payable for a given calendar quarter, the VSP Fee percentage shall be zero percent (0%) of gross revenues unless the Township determines by Resolution that the VSP Fee will be a percentage of gross revenues not to exceed five percent (5%) of gross revenues; and
WHEREAS, the Video Law further requires the Township to provide a video service provider with written notice of the VSP Fee Percentage within ten (10) days of receiving notice from the video service provider, pursuant to R.C. 1332.27(A), that it will begin offering service in the unincorporated area of the Township; and
WHEREAS, in order to provide timely notice to a video service provider of the VSP Fee Percentage, it is necessary for this Board of Trustees (i) to establish the VSP Fee Percentage; and (ii) authorize the Fiscal Officer to provide the appropriate notice of the VSP Fee Percentage to a video service provider within ten (10) days of the Township receiving notice that a video service provider will begin providing service in the unincorporated area of the Township.
NOW, THEREFORE, BE IT RESOLVED
Section 1. That the Danbury Township Board of Trustees hereby establishes a VSP Fee that is calculated by applying a VSP Fee Percentage of three percent (3%) to the video service provider’s gross revenues as defined in Section 1332.32(B) of the Video Law. All video service providers and cable television operators providing video service in the unincorporated area of the Township shall apply the VSP Fee Percentage against gross revenues as defined in the Video Law.
Section 2. That the VSP Fee shall be paid by each video service provider providing service in the unincorporated area of the Township on a quarterly basis but not sooner than forty-five (45) days nor later than sixty (60) days after the end of each calendar quarter per the provisions of R.C. 1332.32(A).
Section 3. That the Fiscal Officer is authorized and directed to provide any video service provider with notice of the VSP Percentage as determined by the Board of Trustees above, which notice shall be given by certified mail, upon receipt of notice from such video service provider that it will begin providing video service in the unincorporated area of the Township pursuant to a state-issued video service authorization.
Section 4. That it is found and determined that all formal actions of the Board of Trustees concerning and relating to the adoption of this Resolution were conducted in an open meeting of this Board, and all deliberations that resulted in this formal action were in meetings open to the public in compliance with all legal requirements.
Second by Mr. Englebeck. Vote: Mr. Hirt-yes; Mr. Englebeck-yes; Ms. Rozak-yes. Motion carried.
Meadowbrook Shelter House
Discussion continued regarding construction of a shelter house for the Meadowbrook preserve. Mr. Englebeck said the shelter at Lakepoint Park is 24’ x 32’ and felt this would be a good size to consider. The Board still has procedural questions about bidding this project per the grant procedural guidelines. Discussion was continued to the next meeting.
Ethics Commission Opinion
The Board received an opinion from the Ethics Commission regarding trustee Dave Hirt and purchases from his employer, Bill’s Implement which is owned by his brother. The opinion stated that purchases will not constitute a violation of the ethics law if certain conditions are met. The Commission, however, does not have statutory authority to interpret ORC 511.13 as it applies to public contracts and recommended the board consult with the township’s legal counsel regarding this section. Trustees will seek further advice from the County Prosecutor.
Mow Phragmite at Meadowbrook
Ms. Rozak moved to authorize Keith Heilman Excavating to mow phragmite in the area where the Meadowbrook boardwalk will be constructed. Cost of the mowing will be $275.00. Second by Mr. Hirt. Vote: Mr. Hirt-yes; Mr. Englebeck-yes; Ms. Rozak-yes. Motion carried.
Resolution To Initiate An Amendment Converting The Danbury Township Zoning Resolution To A Digital, Clearzoning Format
It was moved by Ms. Rozak to adopt the following resolution:
Whereas: the Danbury Township Zoning Resolution was adopted in 1975 and amended periodically since that time; and
Whereas: Section 519.12 of the Ohio Revised Code permits township trustees to initiate text amendments by resolution; and
Whereas: An electronic, hyperlinked format of the zoning resolution would provide quicker access to and promote better understanding of the zoning resolution; and
Whereas: The Danbury Township Trustees deem it in the best interest for the public health, safety, comfort, and general welfare of said Township and its residents to amend said zoning resolution by converting it to a digital, clearzoning format,
NOW, THEREFORE, BE IT RESOLVED, that the proposed text amendment be imitated and that the required public hearings be held before a vote on their adoption occurs.
Second by Mr. Englebeck. Vote: Mr. Hirt-yes; Mr. Englebeck-yes; Ms. Rozak-yes. Motion carried.
Request to Reduce Speed Limit on Mistic Bay
The Board received a request from several property owners in West Harbor Landings subdivision to lower the speed limit on Mistic Bay Blvd. and Mistic Bay Point. Trustees discussed the fact that a traffic survey will need to be done. The request will be forwarded to the county engineer for procedural advice before any action is taken.
Sign Cemetery Deed
Trustees signed a cemetery deed to Margaret Maggard for Lot 139, grave 1 in the 2nd addition to Sackett Cemetery.
Approve Transfer of Funds to STAR Ohio
Mr. Hirt moved to approve the transfer of $500,000.00 from the Marblehead Bank checking account to STAROhio investment following receipt of the second half tax settlement. Second by Mr. Englebeck. Vote: Mr. Hirt-yes; Mr. Englebeck-yes; Ms. Rozak-yes. Motion carried.
Approve July Financial Reports
Ms. Rozak moved to approve July financial reports as submitted by the Fiscal Officer. Second by Mr. Hirt. Vote: Mr. Hirt-yes; Mr. Englebeck-yes; Ms. Rozak-yes. Motion carried.
Approve Payment of Bills
After examining the following bills in the amount of $101,697.80, Mr. Englebeck moved that they be accepted and warrants for the various amounts be drawn. Second by Ms. Rozak. Vote: Mr. Hirt-yes; Mr. Englebeck-yes; Ms. Rozak-yes. Motion carried.
33945 John L. Belcher July 11-24 salary 948.94
33946 Daniel J. Bergman July 11-24 salary 1134.39
33947 Deborah K. Burley-Biro July 11-24 salary 481.69
33948 J. Charles Cunningham July 11-24 salary 1577.86
33949 James E. Dress July 11-24 salary 1086.54
33950 John C. Englebeck August Trustee’s salary 813.55
33951 Jared E. Griffith July 11-24 salary 1109.74
33952 David M. Hirt August Trustee’s salary 828.55
33953 Bradford K. LaMarca July 11-24 salary 1129.13
33954 Mark A. Meisler July 11-24 salary 1284.85
33955 Michael S. Meisler July 11-24 salary 1481.31
33956 Dianne M. Rozak August Trustee’s salary 889.15
33957 Rhonda Botti Sowers August Fiscal Officer’s salary 1362.90
33958 Rhonda Botti Sowers July 11-24 salary 1168.00
33959 Brandon L. Taylor July 11-24 salary 1223.21
33960 Brett A. Waldron July 11-24 salary 1021.63
33961 Joshua P. Young July 11-24 salary 1373.27
33962 State Disbursement Withholding 72.00
33963 OCSPC Withholding 141.23
33964 Rhonda Botti Sowers Reimburse postage 10.49
33965 Deborah K. Burley-Biro Reimburse shipping costs 14.13
33966 Treas., State of Ohio LEADS non-terminal agency fee 600.00
33967 Chief Holsters 797.93
33968 Rakich & Rakich Misc. supplies 23.00
33969 ATCO International Cleaning solvent 158.00
33970 OCSE Water 36.26
33971 Treas., State of Ohio Audit costs 53.37
33972 MT Business Technologies Document management program 6995.00
33973 First Communications Long distance service 9.32
33974 Culligan of Northern Ohio Bottled water 48.75
33975 D.R. Ebel Flashlights 176.24
33976 Commerce Paper Copy paper 216.50
33977 Vision Service Plan Medical – vision 212.25
33978 Anthem BC/BS Medical/hospitalization 19845.10
33979 Anthem Life Life insurance 489.77
33980 FanMark, Inc. Repair tire 47.90
33981 Staples Office supplies 248.95
33982 The Peninsula News Legal advertising 32.25
33983 BEC Associates Meadowbrook Phase II engineering 4294.00
33984 Starcher Enterprises Misc. supplies 15.20
33985 Lakeland Auto Repairs and supplies 298.42
33986 Gordon Lumber Park supplies 107.75
33987 Judco, Inc. Operating supplies 986.05
33988 Lafarge Stone for parks 211.76
33989 Ohio Edison Sirens 128.30
33990 Ohio Edison Street lighting 539.67
33991 Printy Enterprises Mowing/clean-up at 202 Sunnydale 632.50
33992 Unilliance, Inc. Meadowbrook Phase I bike trail 33397.00
33993 The Collaborative, Inc. Professional design services 11944.00
Approve Payment to Bill's Implement
Mr. Englebeck moved to approve payment of check no. 33994 to Bill's Implement in the amount of $446.42 for maintenance supplies. Second by Ms. Rozak. Vote: Mr. Englebeck-yes; Ms. Rozak-yes. Motion carried. Mr. Hirt abstained.
Approve Payment to Luckey Farmers
Mr. Hirt moved to approve payment of check no. 33995 to Luckey Farmers, Inc. in the amount of $2,589.20 for gas. Second by Ms. Rozak. Vote: Mr. Hirt-yes; Ms. Rozak-yes. Motion carried. Mr. Englebeck abstained.
Comments/Concerns
Nancy Kristensen asked Mrs. Sowers if she could get a zoning permit for a directory sign in front of property she owns on East Harbor Road. Mrs. Sowers said she would be happy to look into that during zoning office hours.
Executive Session
Ms. Rozak moved to go into executive session at 8:03 p.m. to discuss the purchase of property. Second by Mr. Englebeck. Vote: Mr. Hirt-yes; Mr. Englebeck-yes; Ms. Rozak-yes. Motion carried.
Ms. Rozak reconvened the meeting at 8:28 p.m.
There being no further business the meeting was adjourned at 8:28 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 danbury.twp@cros.net to make arrangements for record review or purchase.
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