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The regular meeting of the Danbury Township Board of Trustees held July 28, 2010 at 7:00 p.m. was called to order by President Ms. Dianne M. Rozak, with Ms. Rozak, Mr. Charles B. Scott in attendance. Mr. David M. Hirt was excused. 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: Sonja Kristensen, Nancy Kristensen, Lisa Bruno, Rita Mahler, Matt Seamon, and Elizabeth Edens.
Approve Minutes
The minutes of the regular meeting held July 14th, 2010 were approved as submitted.
Correspondence
The following correspondence was received:
A letter from Tammy Cain of Danbury PTCO requesting volunteers to work in the concession stands during upcoming athletic events at Danbury Schools.
An informational letter from the Ohio Farm Bureau regarding that the Human Society of the United States did not file a petition to amend the Ohio Constitution, which would have required the Ohio Livestock Care Standards Board to set limits on euthanasia standards, prohibit the inclusion of downer animals into the food supply and prohibit certain types of animals housing within 6 years.
A letter from Bricker & Eckler regarding the construction bidding process and a copy of the article on Competitive Bidding in the New Economy which was recently published in their monthly construction newsletter.
Notification from Paul Moon, President of the Ottawa County Historical Society of the public meeting which will be held at the Danbury Senior Center ,on Thursday, August 5, 2010,beginning at 6:30 p.m. regarding the possible assumption of title to The Keeper’s House, home of Benajah Wolcott by the Danbury Township Trustees. The notification was sent to the OCHS members as well as the Danbury Township Board of Trustees.
An announcement from the State Treasury Asset Reserve of Ohio (Star Ohio) will be changing from National City Bank to Huntington National Bank.
A thank you letter from Janet Steinmetz addressed to Patrolman Charles Cunningham for his assistance in an incident which occurred on July 4, 2010.
A letter sent to John Mahaney, Legislative Liaison of ODOT requesting a traffic signal at the intersection of State Route 163 and Northshore Blvd. , sent by State Representative, Dennis Murray on behalf of the Danbury Township Board of Trustees., also coping State Senator, Steve Wagoner.
Committee Reports
Roads, Buildings, and Grounds
Township Hall-Update
Mr. Scott reported that the asbestos inspection performed by Brumbaugh-Herrick Inc. was complete and that there was one positive sample being found in the pipe insulation in the rear garage storage area.
The second phase would be the Asbestos Project Design/Specifications to move forward with the removal of the asbestos found. Mr. Scott explained the complete procedure to be followed. Mr. Scott presented the board with a quote for radon testing to be performed at the township hall. Asbestos Project Design/Specifications cost was $1,200.00 and the radon testing cost was $380.00, both being performed by Brumbaugh-Herrick Inc. Each matter was discussed and the board agreed to proceed with the removal of the asbestos and the radon testing.
Ms. Rozak moved to approve the quote for the project design phase of asbestos remediation in the amount of $1,200.00. Second by: Mr. Scott. Vote: Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Ms. Rozak moved to approve the quote for the 48 hour radon testing in the amount of $380.00. Second by: Mr. Scott. Vote: Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Meadowbrook Park
The fishermen’s parking lot has been completed and there was discussion of the need of barricade around the parking lot to prevent driving straight through. Mr. Scott reported a ditch had been widened which motorized vehicles are using to access the prairie. It was discussed that the “No Motorized Vehicle Beyond This Point” signs were posted and repairs will be needed to the ditch. The board discussed and agreed to install two ADA van- accessible parking signs for the newly paved ADA spaces in the main parking area. Mr. Dress reported that he had discovered splitting issues with the boardwalk handrails. Ms. Rozak will contact Milton Pommeranz of BEC Associates Inc. regarding the issue.
Ms. Rozak reported that she would be meeting at Meadowbrook Park, with Crystal Dymond of the Ottawa Soil and Water Conservation, regarding a potential area to plant native grasses or plants, with possibility of adding a rain garden. Ms. Rozak will also meet with prairie expert John Blakemen, regarding the condition of the prairie. Both meetings will take place on Friday, July 30, 2010.
Mr. Scott reported that the brush was ground and that he and Mr. Dress had discussed to offer the mulch to township residents. The township would provide the labor to load the mulch and residents would provide the transportation. Once a plan of action was in place, the dates and times to pick up mulch at the brush drop off site will be published in the local newspaper. He also reported that the 1999 F350 dump truck was being repaired with the cost estimated at $2,300.00 and was currently working on purchasing a new truck for the maintenance department. At the time the F450 Ford truck is not available on the ODOT Cooperative Purchasing Program, Mr. Scott reported he will be working with Ms. Seamon to obtain information on if the F450 Ford truck is available through the OH Dept. of Administrative Services Program.
Mr. Scott also reported that the mowing was caught up and that football and soccer will be starting at the township hall park.
Police
Chief Mike Meisler reported 521 incidents handled by his department to date in the month of July.
Zoning
Zoning Inspector, Rhonda Botti Sowers submitted a listing 10 permits issued to date in the month of July.
Land Use Plan
Ms. Rozak reported the Land Use Plan committee met on July 27, 2010. A 30 page narrative of the new plan was presented to the board, Walter Wehenkel from the Ottawa Regional Planning Commission would be emailing the land use maps to committee members and the trustees, public hearing(s) will be scheduled and copies of the completed narrative will be available for residents to obtain prior to the public hearing(s).
Architectural Services
Ms. Seamon reported she had received two inquires regarding the architectural service ad placed in the News Herald on July 23, 2010 and that to date nothing had been received by mail.
419 S. Bridge Rd.
The trustees scheduled a construction meeting to be held on August 3, 2010, at the 419 S. Bridge Rd., beginning at 6:00 p.m., purpose being to meet with The Collaborative Inc., regarding the remodeling for the new police department.
Complaints
5595 Mistic Bay Boulevard, Lot #24
Regarding the complaint at 5595 Mistic Bay Boulevard, Lot #24, property owned by Randall Scherf, Ms. Rozak reported she had been contacted by Mr. Scherf, the lawn was being maintained and the over grown weeds along the shoreline were are taken care of. The trustees agreed that this was not a nuisance. The matter was resolved.
Bayshore Road
Regarding the complaint of high weeds and grass on the vacant lot located between 6847 Bayshore Road and 6869 Bayshore Road, Ms. Rozak reported that property owner Willow Brook Developer had mowed the high weeds and grass in between the above referenced properties and the matter was resolved.
371 Erie Beach Road
Ms. Rozak updated the board on a previous complaint which was filed on October 30, 2007, in which the board and Mr. Hebert had agreed that he would secure permits and inspections for zoning violations, restore the garage, remove vegetation and secure the entrance door by December 31, 2007. Ms. Rozak stated that the issues were all resolved. The trustees received three complaints dated July 27, 2010 regarding the overgrown vegetation, trash/debris and that the unfinished garage was unsafe. These complaints were filed by: Beverly Bartczak of 508 Oak Avenue, Charles Ohl, of 560 Oak Avenue, and Sue Krynock of 383 Erie Beach Road. The trustees discussed the situation and it was decided that Ms. Rozak will contact the county prosecutor’s office regarding the structure.
Property Issue at Bar Harbor
Ms. Rozak read a complaint filed by River Roubaix, owner of the property at 341 N. Willow Dale Road, Marblehead, OH, which is located on private property maintained by Bar Harbor. Mr. Roubaix explained the issue in his email and asked for the trustee’s assistance to resolve the matter. Mr. Roubaix’s concern was how Bay Harbor maintained the roads which resulted in the loss of two bushes on his property, asking the trustees to assist him in being reimbursed $80.00. The trustees will advise Mr. Roubaix that this would be a civil issue on private property.
Electric Aggregation Update
Mr. Scott reported that he and Mr. Hirt attended the public hearing held at the Ottawa County Resource Center, on Tuesday, July 20, 2010. Being that Ms. Rozak and Mr. Hirt attended the first public hearing the trustees have met the requirements to proceed with the electric aggregation.
Approve Payment of Bills
After examining the following bills in the amount of $65,258.87, Mr. Scott moved that they be accepted and warrants for the various amounts be drawn. Second by: Ms. Rozak. Vote: Mr. Scott-yes, Ms. Rozak –yes. Motion carried.
35014 John L Belcher 6/26/10 to 7/9/10 Salary $1,116.16
35015 Daniel J. Bergman 6/26/10 to 7/9/10 Salary $1,146.87
35016 Deborah K Burley-Biro 6/26/10 to 7/9/10 Salary $540.48
35017 J. Charles Cunningham 6/26/10 to 7/9/10 Salary $1,445.06
35018 James E. Dress 6/26/10 to 7/9/10 Salary $957.56
35019 Jared E. Griffith 6/26/10 to 7/9/10 Salary $1,119.65
35020 Bradford K. LaMarca 6/26/10 to 7/9/10 Salary $1,374.24
35021 Mark A. Meisler 6/26/10 to 7/9/10 Salary $1,339.50
35022 Michael S. Meisler 6/26/10 to 7/9/10 Salary $1,785.52
35023 Brian P. Sloan 6/26/10 to 7/9/10 Salary $700.52
35024 Rhonda Botti Sowers 6/26/10 to 7/9/10 Salary $1,329.31
35025 Brandon L. Taylor 6/26/10 to 7/9/10 Salary $1,596.19
35026 Brett A. Waldron 6/26/10 to 7/9/10 Salary $1,001.79
35027 Joshua P. Young 6/26/10 to 7/9/10 Salary $1,493.57
35028 State Disbursement Child support WH $72.00
35029 OCSPC Child support WH $141.23
35030 FSI Disposal Trash pick-up $35.00
35031 Verizon Wireless Cell phones $312.66
35032 Cyclone Services Township clean-up $6,222.50
35033 Anthem Life Insurance Life insurance $525.73
35034 Anthem BC/BS Medical/dental insurance $18,017.50
35035 Postmaster Stamps $132.00
35036 Vance’s Ammonium $142.50
35037 Treasurer. State of OH Alcohol testing $37.00
35038 FanMark Tire repair $45.95
35039 Momar, Inc. Operating supplies $311.99
35040 West Publishing ORC book/Zoning updates $302.00
35041 Ohio Edison Street Lighting $544.56
35042 Ohio Edison Electric $680.50
35043 The Peninsula News Renew subscription $32.40
35044 Frontier Telephone $297.10
35045 Philip Neikirk/Tiffin Tree Ser. Tree trimming $750.00
35046 Marshall & Melhorn, LLC Legal fees Safety/BWC $141.87
35047 Vision Service Plan (OH) Vision insurance $198.10
35048 First Communications Long Distance $13.86
35049 David Price Metal Services, Inc. Brush grinding $2,986.00
35050 7L Construction LLC Paving $16,370.00
Request Amended Certificate and Amend Appropriations
Ms. Seamon explained that in 2009, $40, 000.00 had been approved to be advance from the general fund to the LWCF grant fund, with quotes being lower than expected only $30, 000.00 was advanced and that receipts to date in the LWCF (2902) were $36,964.43. Once the paperwork for the ADA parking/bike trail continuation paving at Meadowbrook Park was submitted the township would receive an additional $3,035.57, bringing the total reimbursement to $40, 000.00.
Ms. Rozak moved to request an amended certificate for an additional $10,000.00 to be advanced from the general fund #1000-920-920 to the LWCF Grant Fund #2902-941-000. Second by: Mr. Scott. Vote: Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Mr. Scott moved to appropriations as follows: and additional $10,000.00 to the LWCF Grant fund #2902-760-730 (Improvement of Sites), bringing the total amount available for appropriation to $19,613.68. Second by: Ms. Rozak. Vote: Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Supplemental Appropriations
Ms. Rozak moved to approve supplemental appropriations in the amount of $4,490.00, transferring $1,490.00 from the General fund other-other expenses (#1000-120-599) to the General fund Contracted Services (#1000-120-360) purpose being for the asbestos inspection at the township hall. Transferring $3,000.00 from General fund unemployment compensation (#1000-610-240) to General fund contracted services (#1000-610-360) purpose being for the paving at Lake Pointe park entrance. Second by: Mr. Scott. Vote: Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Comments & Concerns
Lisa Bruno had asked Ms. Rozak at the special meeting held July 23, 2010 if the Ohio Sunshine Law had been violated with reference to having the fire levy resolutions prepared with Mr. Hirt moving the adoption and Ms. Rozak seconded, Ms. Rozak stated that Ms. Seamon had contacted Mark Mulligan and learned there was no violation.
Lisa Bruno had asked at a previous meeting when the township had started charging $0.10 per page when obtaining public records. Ms. Rozak reported that the township started charging $0.10 per copy on March 27, 2002. Ms. Rozak did not see justification of the charge in the minutes, but typically there was no charge for less than ten copies. The trustees will consult with other townships regarding what they charge per copy for public records.
Elizabeth Edens asked the board if the township could order and install a street sign for “East Park Row” which is a private road. It was discussed that the township could not order and install the street sign because it was a private road. The trustees advised Ms. Edens that she could order and have a street sign installed, but it was imperative that she contact the Ohio Utilities Protection Services for their recommendation on where the sign should be placed before any installation began.
Nancy Kristensen asked how the funds from the electric aggregation were being distributed in Ottawa County. Ms. Rozak will contact the Ottawa County Commissioner’s to obtain the information for Ms. Kristensen and have it for the next meeting.
Sonja Kristensen asked if the township would delivery mulch to residents from the brush drop off area. Ms. Rozak stated that the township would not delivery and suggested to contract with someone to transport the mulch.
There being no further business the meeting was adjourned at 7:57 p.m.
The Danbury Township Board of Trustees zoning hearing was called to order at 6:30 p.m. on July 28th, 2010 by the President Ms. Dianne M. Rozak, with Ms. Rozak, Mr. Charles B. Scott in attendance. Mr. Hirt was excused. Also present: Zoning Inspector, Rhonda Botti Sowers and Fiscal Officer, Shelley Seamon.
Visitors to the hearing were: Charles Elum and Slate Kessler.
Application #062-10
Ms. Rozak opened the hearing on application #062-10 by NorthCoast Development Group, Inc. to rezone 1.138 acres in Section 1, Lot 1 at 8980 E. Hartshorn Road from “A” Agricultural to “M-1” Light Manufacturing.
Ms. Rozak read the following letter addressed to Mr. Tom Steinbrick from the Ottawa Regional Planning Commission, regarding NorthCoast Development Group rezoning request , “A” to “M-1”
At the regular meeting of the Ottawa Regional Planning Commission held on June 15, 2010, the above referenced rezoning request was reviewed. The Commission considered the followings points in reaching its recommendation.
1. The location is Section 1, Lot 1 of Danbury Township at 8980 E. Hartshorn Rd.
2. The parcel contains 1.138 acres of land upon which a storage building is situated.
3. The previous owner, Magruder Hospital, obtained an us variance to use the structure as a warehouse.
4. The current owner proposes to use the building as a wholesale business and warehousing activities.
5. The adjacent property is zoned “A” to the west and north, “M-2” to the east, and “M-1” and “R-1” in 2007 with the intent to use the building as a warehouse/wholesale distribution of fishing tackle.
6. The adjacent land uses consist of a single-family dwelling to the west, a horse stable to the north, vacant/wooded land owned by Standard Lafarge to the east, and a warehousing facility to the south.
7. The Danbury Township Land Use Plan, adopted in March 2003, recommends this area for low density residential uses. The use variance for Magruder Hospital was granted in May of 2003, after the Land Use Plan was adopted and the “M-1” rezoning was approved in 2007.
8. The Planning Commission voted to recommend approval of the 2007 rezoning request.
The commission voted to recommend approval of the rezoning request based on the
approval of the rezoning of the parcel to the south and the previous us variance approved by the Board of Zoning Appeals.
The Danbury Township Zoning Commission voted to recommend approval of the rezoning from “A“ to “M-1” at their regular meeting held on July 7, 2010. The vote was unanimous.
There being no questions or concerns the following action was taken: Ms. Rozak moved to approve the rezoning request based on the recommendation of the Ottawa County Regional Planning Commission and The Danbury Township Zoning Commission. Second by: Mr. Scott. Vote: Ms. Rozak-yes-, Mr. Scott-yes. Motion carried.
There being no further business the hearing was adjourned at 6:34p.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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