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The regular meeting of the Danbury Township Board of Trustees held August 24, 2011 at 7:00 p.m. was called to order by President Ms. Dianne M. Rozak, with Ms. Rozak, Mr. Charles B. Scott, and Mr. David M. Hirt in attendance. Also, present Fiscal Officer -Shelley Seamon, Police Chief- Mike Meisler, Road Superintendent-Jim Dress, and Zoning Inspector- Rhonda Botti Sowers.
Visitors in attendance were, Rita Mahler, Peter Corrado, Bruce Brockert, John & Gloria Rhyner, Mike Drusbacky, Tony Novak, Jodi Kopanski, Matt Seamon, John W. Smith, Lisa Bruno, and Henry Kihlken.
Approve Minutes
The minutes of the regular meeting held August 10, 2011 and special meetings August 16, 2011 and August 18, 2011 were approved as submitted.
Ottawa County Emergency Management Agency
EMA Deputy Director, Mike Drusbacky gave a brief Emergency Management update. Mr. Drusbacky touched on several topics, which included the need for members to serve on the newly formed Citizen Emergency Response Team aka CERT for Ottawa County. Ms. Rozak noted that a list of candidates from Danbury Township wishing to serve on the CERT was forwarded to EMA Director, Fred Petersen.
Mr. Drusbacky provided information about the outdoor warning system and reminded everyone that is not intended for indoor use. He said they encourage residents to have weather radios for indoor use or obtain weather reports via the television. Mr. Drusbacky touched briefly on why the warning sirens were activated on August 14, 2011.
Mr. Drusbacky reminded everyone of WENS, the wireless emergency notification system where residents are notified of emergencies by way of their home landline phone. Mr. Drusbacky reminded everyone that cell phones and pagers can be registered by visiting the Ottawa County website and clicking on the EMA link.
Mr. Drusbacky also provided information about NIMS, the National Incident Management System. He encouraged the trustees and fiscal officer to take 700 and 800 online NIMS training online.
Mr. Drusbacky reported that they were also updating the all county Emergency Operations Plan.
Mr. Drusbacky also gave the trustees and residents the opportunity to ask questions in which he answered.
Correspondence
The following correspondence was received:
Ms. Rozak read an email addressed to the trustees from Loretta Grentzer and Peter Corrado, regarding the retirement of Zoning Inspector, Rhonda Botti Sowers.
Ms. Rozak read notification received from Ottawa County Engineer, David Brunkhorst regarding the re-banding of the engineer/highway radios.
Roads, Buildings, and Grounds
Mr. Scott provided a report detailing the activity of the maintenance department; highlighted items were, mowing had increased due to rain, the concrete pad was poured at the dog park and waste bag dispensers were being built for the parks. All three maintenance employees completed the testing provided by the Ottawa County Community Improvement Corporation, which in part will be used in determining the next Road Superintendent. Dan’s Tree Service removed the trees in the Channel Grove road right of way. The brush drop-off site has been busy and township equipment is being repaired.
Mr. Scott reported that the maintenance department is investigating options for the removal of ash trees on township property.
Police
Police Chief Mike Meisler reported that his department handled 437 incidents to date in August.
Fire
Mr. Hirt announced that the LVFD would hold their annual spaghetti dinner at Wesley Lodge in Lakeside on Monday, September 5, 2011.
Safety
There was no business to report for safety.
Zoning
Zoning Inspector, Rhonda Botti Sowers, reported 10 permits had been issued to date in August.
ADA Accessible at 181 N. Bedford Rd-Owner Walter Kobak
Zoning Inspector, Rhonda Botti Sowers said she contacted Todd Bickley at the Regional Planning Commission office regarding the Reasonable Accommodation Request submitted by Walter Kobak to construct handicap ramp at his home located in Danbury Township.
Ms. Sowers explained that Mr. Bickley provided information to her, which he obtained from Joyce Hill who is the Civil Rights Specialist with the Office of Housing & Community Partnerships, which is under the Ohio Department of Development. Ms. Sowers explained that Ms. Hill had informed Mr. Bickley that the Fair Housing Act of 1988 does not exempt a handicap person from obtaining and paying a zoning permit fee. Nor does it exempt them from obtaining county building permits and paying the required fees. Ms. Sowers also explained that Ash Lemons, Director of the Ability Center confirmed this same information.
Ms. Sowers said that Mr. Lemons developed a Model Ordinance that he recommends to political subdivisions adopt a policy for the Reasonable Accommodation Request for the provisions in the Fair Housing Act of 1988. Mr. Scott provided the trustees with a copy of the Model Ordinance.
Ms. Sowers explained that the Reasonable Accommodation Request is designed to eliminate the need for a handicap person to seek a variance from the Board of Zoning Appeals to construct any ADA necessary modifications to the property where they reside if it does not meet the requirements. Ms. Sowers also explained that the board would have to adopt the policy to waive the need to seek a variance and appoint a designee to oversee such requests.
Mr. Scott advised the board that County Prosecutor, Mark Mulligan had reviewed the following documents, the Model Ordinance for Providing Reasonable Accommodation Request under the Fair Housing Act of 1988, the Joint Statement of the bill, the Department of Housing & Urban Development, the Department of Justice and the Reasonable Accommodation Request. Mr. Scott said that he would forward Mr. Mulligan’s response to Ms. Rozak and Mr. Hirt for their review.
A brief discussion was held regarding how to customize the request for the township and who should be appointed as the designee. Mr. Scott will contact the Ability Center to obtain information about the designee.
Fiscal Report
Fiscal Officer, Shelley Seamon presented the trustees with detailed reports regarding township finances as of August 24, 2011.
Ms. Seamon said she had cancelled the bond for Zoning Inspector Rhonda Botti Sowers, effective September 1, 2011 and that the bond for Interim Zoning Inspector Walt Wehenkel was being processed with an effective date of September 1, 2011 at a cost of $50.00.
Ms. Rozak said that Deb Biro, the Assistant to the Zoning Inspector, was not interested in writing permits, therefore Ms. Biro would not be bonded.
Ms. Seamon said she would be meeting Kevin McElligott of Midland Services Agency, Inc., regarding the insurance Midland Services offered.
Committee reports conclude at 7:45 p.m. and department heads were dismissed.
Zoning Office Hours
The zoning office hours will be as follows until the Zoning Inspector position is filled.
Monday 9:30 a.m. to 1:30 p.m., Tuesday 9:00 a.m. to 1:30 p.m., Wednesday 9:30 a.m. to 1:30 p.m., Thursday 4:00 p.m. to 7:00 p.m., and Friday 9:30 a.m. to 1:30 p.m.
Zoning Commission Interviews
Ms Rozak informed the trustees that she had received an email from Lisa Bruno regarding several questions Ms. Bruno had about the procedures the township follows in appointing or reappointing zoning board members. Ms. Rozak reiterated Ms. Bruno questions and her responses for the board.
Ms. Rozak also reiterated the language she used when notifying the potential nine candidates by email or mail.
Ms. Bruno questioned when the trustees got together and developed the interviewing process and asks if this was a procedure the township followed previously. The trustees held a brief discussion regarding Ms. Bruno’s question which included that the zoning commission could do theinterviewing, but it was unknown if interviewing had occurred in the past. Being that the township has never had nine potential candidates, the trustees agreed at the previous meeting to interview. Ms. Rozak was designated to contact each of the nine candidates to set up times and dates. The trustees all agreed that they should conduct the interviews since they had initiated to interview to fill the alternate seats for the zoning commission board.
The trustees set the time and date to hold interviews for the alternate zoning commission positions as Tuesday, September 13, 2011, beginning at 6:00 p.m. at the township hall, with an alternate date of Tuesday, September 20, 2011. Ms. Rozak will contact each candidate to schedule the interview times at 15-minute interval and publish notification of the meeting in the local newspaper after confirming which each candidate.
ADA Access to the Township Hall
Mr. Scott reported that the Bodner & Kerik Architects had completed the plans and specifications for the ADA access renovation of the archway entrance. Mr. Scott reported that specification packages were sent to Focht Construction, Port Clinton, OH, Masonry Construction, Port Clinton, OH, R.J. Lunge Company, Port Clinton, OH, Studer Obringer, New Washington, OH and Williams Brothers Builders, Elyria, OH.
Mr. Scott reported that the intent was to obtain at least three quotes within a week to ten days.
Ms. Rozak advised the board the county building permits would be need for this renovation project.
Regional Planning Alternate
Ms. Rozak informed the board the Ms. Sowers did not have interest in continuing as the alternate member for Regional Planning, because the person serving must reside in the unincorporated area of the township.
The trustees held a brief discussion regarding this matter and agreed to postpone appointing a new alternate for Regional Planning until the interview process for the zoning commission positions occurred.
Zoning Inspector Job Description
At the special meeting held August 16, 2011, Mr. Scott presented a copy of a job description for a zoning inspector that was found by Ms. Seamon in an application folder at the township. Ms. Rozak said she reviewed the job description and found it to be more a procedural document that could be incorporated with a job description for the zoning inspector. It was discussed that this job description could become part of the employee packet for the zoning inspector position.
The trustees discussed the draft zoning inspector job description and changes were made.
Ms. Rozak will incorporate the changes and email it to the trustees and Ms. Seamon.
Secretary to Zoning Boards
Ms. Rozak reported that Ms. Seamon was asked if she had interest to serve as secretary to the township zoning boards. Ms. Rozak informed the board that Ms. Seamon had declined.
Ms. Rozak reported that Deborah Biro was asked if she had interest to serve as secretary to the township zoning boards. Ms. Rozak informed the board that Ms. Biro had accepted.
The trustees discussed the manner in which the secretary to the boards is paid, which is $15.00 per meeting for the DZC or in the case of the BZA it is $15.00 per hearing. The members are also paid in this manner on an annual basis.
Ms. Rozak moved and Mr. Scott seconded to appoint Deborah Burley-Biro as Secretary to the Danbury Township Board of Zoning Appeals and the Danbury Township Zoning Commission at the standard rate that the members are paid. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Public Auction
A Public Auction will be held on Saturday, October 15, 2011 at 419 S. Bridge Rd., Marblehead, Ohio, beginning at 11:00 a.m. This information will be published in the fall newsletter and it will be advertised in the local newspaper a week before the auction takes place.
Change Order Costs for Willson Builders
Ms Seamon reported that she and Mr. Scott had reviewed the change order documents prepared by the Collaborative for Willson Builders. Ms. Seamon provided that trustees with the following information regarding the change orders:
• $5,740.00 for the additional paving of parking was approved April 27, 2011 by the board.
The following changes orders were approved by Mr. Scott at the bi-weekly construction meetings held at the site during the course of the remodeling project.
• $ 1,707.00 ADA compliance in public restroom involving sink/lavatory issues
• $ 570.00 240 feet of 4” (additional) base board
• $ 291.00 4 3x8 ADA Exit signs
• $ 1,045.00 Hardware/Labor to change door handles, locks and one window (safety glass added).
• $ 118.43 Deadbolts for doors.
Ms. Seamon stated the changes Mr. Scott had approved individually as the remodeling of the police progressed were all amounts that did not warrant board approval; over all the change orders, totaled $3,731.43.
Ms. Rozak moved and Mr. Hirt seconded to approve change orders for Willson Builders in the amount of $3,731.43. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Bids for the Meadowbrook Marsh Trails
Ms. Rozak read the correspondence from Poggemeyer Design Group regarding the results of the bids received, procedures that must be followed by the township and when the project will be completed.
Being that KF Construction & Excavating submitted the lowest bid at $168,885.35 but they had failed to sign and date their bid form and Poggemeyer Design Group recommended that the township consult with the townships legal counsel to determine if this is considered a responsive bid that can be awarded.
Ms. Rozak reported that she had consulted with County Prosecutor, Mark Mulligan and he provided the following response. The township may award the bid contract to KF Construction & Excavating in the amount of $168,885.35. This irregularity may be waived (date and signature) because the defect did not give the bidder a competitive advantage.
Ms. Rozak moved and Mr. Scott seconded to approve KF Construction & Excavating as the lower bidder provided all of the information we are required to verify is complete and in order. Waiving the irregularity being that the bid form was not signed or dated and did not give them a competitive advantage at a cost of $168,885.35. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Safe Routes To School Grant Update
Mr. Scott reported that he had contacted Chuck Paul of Floyd Browne Associates in Delaware, OH and learned that they had done several SRTS projects for schools throughout the state.
Mr. Scott provided the trustees with the Ohio Greenways map which is administered through ODNR for the purpose of promoting biking and walking by way the connecting trails throughout Seneca, Sandusky, Erie and Ottawa counties and the state.
Mr. Scott explained that ODNR has dedicated an area labeled the Marblehead Trails, which would be located on the North side of State Route 163 to install sidewalks. Mr. Scott also explained that the existing sidewalks in the Village of Marblehead, which extend from Jill’s Bakery to the Marblehead Lighthouse, were installed as part of the Ohio Greenway plan.
Mr. Scott reported that he and Mr. Hall discussed several ways to approach the project. Mr. Scott gave an overview of each approach and noted the success rate of each approach.
One approach was to contract with Floyd Browne Associates to compile the complete package and submit it to ODOT at a cost of $12,000.00. Mr. Scott suggested contacting the school, the Lakeside Association, and the Village of Marblehead to see if these entities would collaborate with the township and split the cost between all of the entities.
The trustees briefly discussed the matter and agreed that Mr. Scott would contact each entity regarding their interest in the project and report back to the board.
Grand Opening of the Dog Park
The grand opening for the dog park was set for Sunday, September 18, 2011, beginning at 1:00 p.m. The ceremony will be held at the park’s location at 310 S. Bridge Road.
Newsletter
The trustees held a brief discussion regarding the content for the fall newsletter. A draft will be prepared for review at the September 14, 2011 regular meeting
Fall Shredding Services
The trustees agreed to provide another shredding service for residents in the month of October. Ms. Rozak will contact AccuShred to confirm the date and time, which will be announced in the Fall Newsletter.
Special Meeting
The trustees set a special meeting to be held at the township hall on Tuesday, September 6, 2011 beginning at 6:30 p.m. to conduct the following business:
• Approve final payments for the police station remodeling project.
• Discuss the zoning inspector job description.
• Set dates and times for the zoning inspector position interviews.
• Set dates and times for interviewing the maintenance employees for the road superintendent position.
• Discuss the reasonable accommodation request template.
Approve Payment of Bills
After examining the following bills in the amount of $31,569.40. Mr. Scott moved and Mr. Hirt seconded that they be accepted and warrants for the various amounts be drawn. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak –yes. Motion carried.
36204 John L Belcher 7/23/11-8/5/11 Salary $ 1,050.50
36205 Daniel J. Bergman 7/23/11-8/5/11 Salary $ 1,137.62
36206 J. Charles Cunningham 7/23/11-8/5/11 Salary $ 1,411.70
36207 James E. Dress 7/23/11-8/5/11 Salary $ 920.37
36208 Jared E. Griffith 7/23/11-8/5/11 Salary $ 1,083.58
36209 Bradford K. LaMarca 7/23/11-8/5/11 Salary $ 1,199.38
36210 Mark A. Meisler 7/23/11-8/5/11 Salary $ 1,395.48
36211 Michael S. Meisler 7/23/11-8/5/11 Salary $ 1,553.19
36212 Patricia K. Munn Annual Pay DZC $ 39.85
36213 Brian P Sloan 7/23/11-8/5/11 Salary $ 1,218.52
36214 Rhonda Botti Sowers 7/23/11-8/5/11 Salary $ 1,362.87
36215 Brandon L. Taylor 7/23/11-8/5/11 Salary $ 1,138.98
36216 Brett A. Waldron 7/23/11-8/5/11 Salary $ 1,163.86
36217 Joshua P Young 7/23/11-8/5/11 Salary $ 1,324.47
36218 OCSPC Child Support WH $ 141.23
36219 Treasurer, State of Ohio Permit Fee - Trails $ 200.00
36222 FSI Disposal Trash Pick-up $ 21.00
36223 Frontier Telephone Services $ 212.57
36224 West Publishing OCR Subscription $ 139.00
36225 Noron Inc. HVAC Final Pymt-PD Remodel $ 1,513.07
36226 Ken Gill Construction Dog Park $ 707.33
36227 Erie Materials Road Repairs $ 218.50
36228 Truck Sales & Services Repairs to International $ 972.21
36229 Beck Suppliers Car Wash Tokens (Police) $ 42.00
36230 Howard's CITGO Tire Repair - Police $ 20.00
36231 Treasurer, State of Ohio LEADS Dues -Police $ 450.00
36232 Rakich & Rakich, Inc. Supplies-Police $ 47.50
36233 D.R. Ebel Siren Repairs - Police $ 229.88
36234 H2 Designs, LLC Decal Replacement - Police $ 775.00
36235 Vision Service Plan (OH) Vision Premium $ 246.75
36236 Lafarge North America Inc. Stone -Brush drop-off $ 114.36
36237 Verizon Wireless Cell Phones (roads/police) $ 381.96
36238 Ohio Edison Electricity all depts. $ 994.74
36239 Shelley J. Seamon Reimburse postage $ 7.33
36240 Dave Shrock Excavating Water tap in - Dog Park $ 2,000.00
36241 Ohio Edison Street Lights $ 598.32
36242 Poggemeyer Design Group Engineering Services-Trails $ 5,536.28
Transfer to Star Ohio
Mr. Hirt moved and Mr. Scott seconded to authorize the transfer of $300,000.00 from the Marblehead Bank checking to the Star Ohio investment account by investment warrant #36220. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Comments & Concerns
Rita Mahler requested copies of all previous permits issued by the by the township for the construction of handicap ramps. Mrs. Mahler asked if there was a legal reason as to why Deb Biro would not be bonded. Ms. Rozak responded there was not.
John W. Smith asked when the construction of the Meadowbrook pathway would commence, because the Midwest Birding Symposium was schedule for September 15, 2011 to September 18, 2011, and he believed Meadowbrook was on the list as a birding site. Ms. Rozak responded.
Lisa Bruno questioned the procedure the township followed in appointing zoning board members and asked if there was written. A brief discussion occurred between Ms. Bruno and the trustees.
Ms. Bruno asked if a records commission had been established for the township. Ms. Rozak responded that she and Ms. Seamon were the records commission.
Ms. Bruno also asked about the merging of for the volunteer fire departments and the status of forming a fire district. Mr. Hirt responded that the committee had met on Tuesday and a list of questions as well as a packet of information was sent to County Prosecutor, Mark Mulligan to review.
Jodi Kopanski asked where the zoning inspector position was advertised. Ms. Rozak reiterated the newspapers and websites where the advertisements were placed.
Bruce Brockert provided a information for the removal of ash trees to Mr. Scott.
Ms. Rozak moved and Mr. Scott seconded to adjourn at 9:00 p.m., being there was no further business. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
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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