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The regular meeting of the Danbury Township Board of Trustees held May 25, 2011 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, and Road Superintendent-Jim Dress. Zoning Inspector- Rhonda Botti Sowers was excused.
Visitors in attendance were Jodi Kopanski, Rita Mahler, Mark Scagnetti, Tim Gorman, Janice Leist, Tony Novak, Kathy Radabaugh, Nancy Kristensen, Sonja Kristensen, Bruce Brockert, Matt Seamon, John Englebeck, Joan Gerber and Lisa Bruno.
Approve Minutes
The minutes of the regular meeting held May 11, 2011 were approved as submitted.
Executive Session
Ms. Rozak revised the agenda to postpone the executive session, which was to be held after committee reports due to telephone issues.
Before addressing correspondence, the board discussed whether to answer questions during the course of the meeting or to address questions following the conclusion of new business. The trustees agreed all questions, comment and concerns would be following the conclusion of new business. Ms. Rozak asked those attending to abide the board decision.
Correspondence
The following correspondence was received:
Ms. Rozak read the notification received from The Mineyahta Allotment Association, Inc regarding the meeting being held on May 29, 2011 at 10:00 am. A copy of the minutes from September 5, 2010 was sent with the notification. It was noted that the township was a property owner and the road fee would be paid with payments drawn on June 8, 2011. It was also noted that all trustees were unable to attend due to prior commitments.
Roads, Buildings, and Grounds
Mr. Scott reported that maintenance staff had been busy mowing grass and trimming. The kid’s carpet was spread at the township hall and Lake Point Park playgrounds, while black mulch was used for the flowerbeds and bordering. Fifty-Four residents received mulch on May 14, 2011. The maintenance staff assisted with the planting of the gardens. Maintaining the ball fields continues as the season has started for the Peninsula Youth Athletic Leagues.
Mr. Scott explained that Bell Heating & Electric had ordered the outdoor lights to complete the lighting at the flagpole and front signage at the police station on 419 S. Bridge Road. Once the lights are received, they will be installed and the project will be completed.
Police
Police Chief Mike Meisler reported 333 incidents handled by his department to date in the month of May. Chief Meisler also reported that about 50 people had toured the police station during the open houses.
Fire
Mr. Hirt reported that the fire departments were working well together and both departments provided excellent service to the township. Mr. Hirt stated that currently there was a proposal on the table regarding both departments and it was currently being discussed.
Safety
There was no business to report.
Zoning
Ms. Rozak reported that the zoning office had issued 17 permits to date in the month of May.
Fiscal Report
Fiscal Officer, Shelley Seamon presented the trustees with detailed reports regarding township finances as of May 25, 2011. Ms. Seamon reported that the motor vehicle record checks for the four maintenance staff employees as well as the eight police officers were processed.
Frontier Services
A brief discussion was held regarding the telephone bill for the township hall, regarding two lines the township was being charged for and Ms. Seamon asked the trustees if they knew if these lines were needed. It was discussed that the lines maybe rollover lines or were for the outdoor phone behind the hall. Mr. Dress explained that telephone lines had been put in years ago just for people to call out locally, for emergency purposes. Chief Meisler stated he would contact dispatch regarding the outdoor phone to obtain the number and find how often the number was used to call 911. It was determined that Ms. Seamon, Mr. Dress and Chief Meisler would work together to obtain information regarding each of these numbers.
The Keeper’s House
Mr. Scott reported that additional quotes for repairs at the Keeper’s House were forthcoming. Mr. Scott also reported he was obtaining information regarding the procedures to be followed when making historical designation repairs, to insure repairs are handled in the proper manner at the Keeper’s House.
Ms. Rozak reported that Bright Idea Shops LLC would provide designs and quotes for the two-sided sign at the Keeper’s House that will match the signs currently at the township parks.
Township Hall
ADA Accessibility for Voting
Ms Rozak reported that she had spoken to Jo Friar at the Ottawa County Board of Elections office and learned the that following ADA accessible repairs must be completed by the November election. The main entrance to vote must be raised 1 inch for every 12 inches. The threshold cannot be more than ¼ inch high and there must be a 5-foot level landing area. Eighteen inches of pull space or free space is required on both sides of the door where the door handle is located. A rail must be installed on both sides of the ramp. Any entry doors must be able to be opened with a closed fist. After discussion, the trustees decided that this information would be forwarded to Bodner & Kerik Architects for their review.
Surplus Property Declared for the Police Department
In the matter of the disposal of property held by the Danbury Township Police Department, Chief Meisler explained that he had petitioned the Ottawa County Municipal Court and Court of Common Pleas of Ottawa County (Juvenile Division) to dispose of seized firearms that were no longer needed as evidence. Chief Meisler reported that applications were submitted to the above courts by way of Prosecuting Attorney, Mark Mulligan. A court order was filed on May 18, 2011, in the Ottawa County Municipal Court allowing the disposal of seized firearms and in the Court of Common Pleas of Ottawa County on May 17, 2011. Chief Meisler explained that in working with the Ohio Representative of Keisler Police Supply (who participates in the state purchasing program), the firearms were reviewed and are valued at $2,721.00. Chief Meisler reported that Keisler’s would take the firearms and give the township a credit of $2,721.00 to establish an account. Chief Meisler then informed the board that he would like to purchase three LE6920 .223 Patrol Rifles and nine 30 round magazines for the department.
Mr. Scott moved to declare the seized firearms a surplus and that the seized firearms be traded in at Kiesler Police Supply to established an account valued at $2,721.00. Second by: Ms. Rozak. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Ms. Rozak moved to approve that Chief Meisler be authorized to use the $2,721.00 credit as he sees fit, to purchase weapons, ammunition, and related weapon items through Kiesler Police Supply. Second by: Mr. Hirt. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
2011 Road Resurfacing Mistic Bay Blvd. Resolution
The Board of Trustees of Danbury Township, Ottawa County met in regular session on May 25, 2011 at 5972 E. Port Clinton Eastern Rd., Marblehead, OH 43440 with the following members present: Ms. Dianne M. Rozak, Mr. David M. Hirt, and Mr. Charles B. Scott.
Ms. Rozak introduced the following resolution and moved its adoption:
Township of Danbury
Resolution No. 2011-004
2011 Road Resurfacing Mistic Bay Blvd. (TR1246A)
WHEREAS: the Danbury Township Trustees has concurred that Mistic Bay Boulevard is in need of resurfacing, and improvement
WHEREAS: the Ottawa County Engineer, or his designee, will act as project manager for the Board of Danbury Township, and as per the Engineer’s estimate for the said project, and
WHEREAS: The Ottawa County Engineer’s Office will pay the contractor on Danbury Township’s behalf and Danbury Township will reimburse the Ottawa County Engineer’s Office for costs including but not limited to construction, advertising, and prevailing wage cost.
WHEREAS: the funds have been appropriated for in the Gasoline Tax fund.
We Therefore, will ask the Ottawa County Engineer’s Office to proceed with the advertising for the Mistic Bay Boulevard road resurfacing project (TR#1246A) with the estimated cost of $77,102.53.
Second By: Mr. Hirt
Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes.
Motion carried May 25, 2011
The state of Ohio, Ottawa County,ss
I, Shelley J. Seamon, Fiscal Officer of Danbury Township do hereby certify that the foregoing is taken and copied from the Record of Proceedings of said Danbury Township Board of Trustees, that the same has been compared by me with the Resolution on said Record and that it is a true and correct copy thereof.
Approve Crack Sealant Quote
Mr. Hirt moved to approve the quote for crack sealant materials from D.J.L. Material & Supply, Inc. in the amount of $5,085.00. Second by: Mr. Scott. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms.Rozak-yes. Motion carried.
Nuisance Complaints - Updates
129 S. Bridge Road- Owner Harold Miller
Regarding the one vehicle in the driveway of the late Harold Miller, Mr. Scott reported he had gone to the home twice to speak with Mrs. Miller, but no one was at home. Mr. Scott will continue to contact Mrs. Miller to meet with her personally to discuss the matter.
East of Northshore Boulevard-Owner Gudrun Barnholt
Regarding the structural condition of the home located East of Northshore Boulevard, Ms. Rozak reported that she had spoken to Ms. Barnholt and was advised the Ms. Barnholt was planning to visit to review the home and a follow-up discussion will occur at the end of June.
515 S Englebeck Road- Owners John C. & Patricia Englebeck
At the previous meeting, Lisa Bruno filed a nuisance complaint regarding the condition of the home and surrounding grounds located at 515 S. Englebeck Road, property owners John & Patricia Englebeck. Ms. Bruno’s complaint described the property as follows: dilapidated, unsafe, decayed, and unsightly condition of a home that appears to be uninhabitable with a front that is falling down upon itself, with vegetation growing onto, into, and through the front of the house, with an abandoned trailer and other vehicle on site, and with other structures that are clearly hazardous and abandoned long ago. After discussion of the complaint, the trustees agreed that the home was inhabited and they could not regulate aesthetics.
Nuisance Complaint Filed
The trustees received a complaint from Stephanie M. Walls, regarding the property at 174 N. Hidden Beach Road, property owners Sharon Collins and Richard Wobig. Ms. Wall’s complaint stated the property at 174 N. Hidden Beach is collapsing. It has been in a state of grave disrepair since we moved in across the street in 2005, but now the front porch has collapsed. The property is now not only unsightly but a hazard to the neighborhood. The house is dangerous for the neighborhood children who might be intrigued to go exploring. The house is likely drawing a number of rats and other pests. Its presence is also problematic for several neighbors who currently have their properties listed for sales. This house clearly needs to be razed. After discussion of the complaint, Mr. Hirt agreed to contact property owners Sharon Collins and Richard Wobig regarding this matter.
Property Tax Exemption Filed for 419 S. Bridge Road
Mr. Hirt moved to approve filing the property tax exemption application for the property at 419 S. Bridge Road, which houses the police station and provides storage for the Road & Bridge equipment. Second by: Mr. Scott. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried
Sign Cemetery Deeds
The trustees signed cemetery deeds for Carol A. Sims, Lot 114, grave 8, Jerry L. Sims, Lot 119, grave 5 and George R. McCormick, Lot 108, graves 1, 2, & 3. All plots are located in the 2nd addition at Sackett Cemetery.
Approve Payment of Bills
After examining the following bills in the amount of $59,032.76. Mr. Scott moved that they be accepted and warrants for the various amounts be drawn. Second by: Ms. Rozak. Vote: Mr. Hirt –yes, Mr. Scott-yes, Ms. Rozak –yes. Motion carried.
35921 John L Belcher 4/30/11 to 5/13/11 Salary $ 954.15
35922 Daniel J. Bergman 4/30/11 to 5/13/11 Salary $ 1,150.55
35923 Deborah K Burley-Biro 4/30/11 to 5/13/11 Salary $ 209.04
35924 J. Charles Cunningham 4/30/11 to 5/13/11 Salary $ 1,259.17
35925 James E. Dress 4/30/11 to 5/13/11 Salary $ 982.70
35926 Jared E. Griffith 4/30/11 to 5/13/11 Salary $ 1,081.22
35927 Bradford K. LaMarca 4/30/11 to 5/13/11 Salary $ 1,129.22
35928 Mark A. Meisler 4/30/11 to 5/13/11 Salary $ 1,292.47
35929 Michael S. Meisler 4/30/11 to 5/13/11 Salary $ 1,497.51
35930 Brian P Sloan 4/30/11 to 5/13/11 Salary $ 1,071.33
35931 Rhonda Botti Sowers 4/30/11 to 5/13/11 Salary $ 1,362.87
35932 Brandon L. Taylor 4/30/11 to 5/13/11 Salary $ 1,104.81
35933 Brett A. Waldron 4/30/11 to 5/13/11 Salary $ 1,159.50
35934 Joshua P Young 4/30/11 to 5/13/11 Salary $ 1,200.94
35935 State Disbursement Child Support WH $ 72.00
35936 OCSPC Child Support WH $ 141.23
35937 FSI Disposal Annual Service-Parks/Reg. Pick-up $ 231.00
35938 Garner Sanitation Services Portable Toilet Rental -Parks $ 483.00
35939 Bergman Orchards Flowers -Parks $ 765.54
35940 Ohio Edison Electricity $ 802.07
35941 Staples Business Advantage Office Supplies- Admin/Police $ 128.66
35942 Vision Service Plan (OH) Vision Premium $ 212.25
35943 GHC Specialty Brand LLC DBA Grempler's Ashtray/Reflective Strips-Police $ 195.05
35944 ODJFS Unemployment Compensation $ 12.16
35945 Poggemeyer Design Group Inc. Engineer Fees- Paved Trails MB PK $ 3,394.64
35946 Owens Community College Training-Police $ 350.00
35947 D.R. Ebel Police & Fire Equipment Supplies - police $ 1,334.00
35948 The Collaborative Inc. Architectural Service – PD remodel $ 430.37
35949 Rhonda Botti Sowers Reimburse postage $ 2.34
35950 Adkins Fence Company 50% Deposit -Fencing $ 7,494.50
35951 Becks Suppliers Inc. Car Wash Tokens-Police $ 42.00
35952 Rakich & Rakich Inc Police Uniforms/Sm. Tools $ 326.64
35953 Eastman & Smith Ltd. Legal Fee/Advice -Zoning $ 2,459.00
35954 West Publishing ORC Books $ 139.00
35955 Ohio Edison Street Lighting $ 553.33
35956 MT Business Technologies, Inc. Annual updates/maint.-zoning software $ 780.00
35957 Verizon Wireless Cell Phones Roads/Police $ 381.76
35958 Winzer Corporation Supplies - Roads $ 266.94
35959 Frontier Telephone- Hall/Roads/Zoning $ 247.65
35960 Wal-Mart Community Supplies-(all depts) $ 505.08
35961 Francisco Orozco Refunded App. Fee for Zoning Permit $ 25.00
35962 Anthem BC/BS Medical/Dental Premium $ 21,284.44
35963 Anthem Life Insurance Life Premium $ 517.63
Certified Public Records Training
Mr. Scott reported that he had fulfilled he public records training on May 12, 2011 which was held at the Kalahari Resort, in Sandusky, Ohio. Mr. Scott provided information regarding the implementation of a “public records request log”, which was a topic during his training. It was noted that the logs are to be implemented by December 2012, and this will be an auditable item in 2013. Mr. Scott explained that he had requested samples of the logs. Mr. Scott and Ms. Seamon will review the samples and present their recommendation to the board at the next regular meeting.
Meeting Attendance by Department Heads
In accordance to township policy, department heads are required to attend regular meetings and are compensated 2 hours for their time. In lull of the lengthy meetings, Ms. Rozak recommended that after 2 hours department heads be dismissed. Mr. Hirt and Mr. Scott agreed. Ms. Rozak stated she would do an amendment to the policy and give it to Ms. Seamon.
New Option Presented
Ms. Rozak presented a new option to the board regarding an administration building. Ms. Rozak asked the board to think about erecting an administration building on the property at 419 S. Bridge Road. Ms. Rozak explained that what was needed was not much; offices for zoning and fiscal, a small conference room, which could double as a trustee’s office, a meeting room, and ADA accessible restrooms. Ms. Rozak proposed the following question(s) to the board: Does it make better sense to build a new building with good insulation, with good a heating and air conditioning system, ADA accessibility for our meetings as well as for voting, and anybody else that might need to use the structure? Could money be saved utilizing property that we already own and has utilities in place? Ms. Rozak projected the savings to the township would be close to half the cost to renovate the township hall and install insulation as well as new windows. At the previous meeting, Mr. Kerik of Bodner & Kerik estimated the renovation costs to be $400,000.00.
Comments & Concerns
Tony Novak complimented the trustees on holding comments and concerns from the visitors until the end of the meeting. He stated he would like to see an addition to comments and concerns if we are going to use this of the visitors for good and welfare of the township, not just for complaints.” He then stated that complaints should be written, presented to the trustees so that they look it over, rather than be blindsided and not have an answer at the proper time.
Nancy Kristensen stated that in lull of what just happened at the end of the text amendment meeting;” I don’t think it is advisable to dismiss the Chief of Police until the meeting is complete”.
Nancy Kristensen and Matt Seamon voiced their concerns regarding the option to build a new building for administration verses renovating and preserving the township hall. A conversation amongst the board and visitors followed lasting approximately 10 minutes regarding to restore the township hall and preserve history or build new at 419 S. Bridge Road.
Lisa Bruno, questioned trustees regarding the meeting overviews, the dog park, the renovation figures for the township hall, and if they were aware that the State Auditor’s office was advising government entities to cut back due to possibility of political subdivisions being merged. The conversation amongst the board and visitors regarding Ms. Bruno’s concerns lasted approximately 15 minutes.
There being no further business Ms. Rozak moved to adjourn at 8:22 pm. Second by: Mr. Scott. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
ZONING HEARING:
The President Ms. Dianne M. Rozak, called the Danbury Township Board of Trustees zoning hearing to order at 6:00 p.m. on May 25, 2011, with Mr. David M. Hirt and Mr. Charles B. Scott in attendance. Also, present Zoning Inspector, Rhonda Botti-Sowers, and Fiscal Officer Shelley Seamon.
Visitors in attendance were Rita Mahler, Jodi Kopanski, Lisa Bruno, Tim Gorman, Kathy Radabaugh, John Englebeck, Emmitt Duffy Sr., Patricia Munn, Bruce Brockert, Nancy Kristensen, Mark Scagnetti, and Sonja Kristensen.
Ms. Rozak opened the hearing on application #2011-041 for a text amendment initiated by the Danbury Township Zoning Commission to redefine personal services; add definitions for Recreation Facility, Recreation Facility, Commercial and Recreation Facility, Private, and make several changes to uses listed in the “C-1”, “C-2”, “R-C”, “M-1”, and “M-2” districts.
At the regular meeting of the Ottawa Regional Planning Commission held on April 19, 2011, the Commission reviewed and considered the following items in reaching its recommendation.
1. The text amendments were initiated by the Danbury Township Zoning Commission.
2. The proposed text amendments consists of the following:
a. Amend the definition of Personal Services.
b. Add the definitions of Recreational Facility; Recreational Facility, Commercial; and Recreational Facility, Private.
c. Eliminate Automotive Service Stations and Bar, Saloon, Tavern/Night Club from the “C-1” District conditional uses.
d. Add Grocery Stores, Personal Services, Recreation Facility, Commercial and Recreation Facility, Private to the “C-2” District permitted uses.
e. Add Personal Services, Recreation Facility, Commercial and Recreation Facility, Private to the “R-C” District permitted uses. Also in the “R-C” District, add Sales to Storage Area, Repair and Services provided maintenance is kept in an orderly fashion.
f. Delete Automotive Repair as a conditional use in the “M-1” District and add as a permitted use the both the “M-1” and “M-2” Districts.
The commission voted to recommend approval of the text amendments.
The Danbury Township Zoning Commission voted on May 4, 2011 to approve text amendment application #2011-041 as submitted. The vote was unanimous.
A brief discussion was held amongst the trustees regarding the elimination of the conditional uses in the “C-1” District. Ms. Rozak and Mr. Scott agreed that the “C-1” District should remain unchanged. With regard to the adverse impact a bar/night club could propose to the adjacent properties zoned residential, Mr. Hirt voiced his concerns. All trustees were in favor of the additions proposed to the text amendments.
Ms. Rozak moved that the changes be adopted as recommended by the Zoning Commission, with exception of “C-1” District, meaning that the “C-1” District would not be modified. Mr. Hirt seconded the motion and the floor was opened for public discussion.
There were a variety of questions and concerns regarding the elimination of the proposed conditional uses to the “C-1” District, Ms. Rozak reiterated that the motion on the floor was that that the changes be adopted as recommended by the Zoning Commission, with exception of “C-1” District, meaning that the “C-1” District would not be modified. It was asked if the trustees had consulted with realtors or an appraiser with regard to the impact zoning has on a property. It was determined the trustees had not. It was asked if either of the property owners currently zoned “C-1” had approached the trustees and to voice their concerns to the changes. It was noted that the trustees had not been approached.
Zoning Inspector, Rhonda Botti Sowers, explained that she had met with one of the property owners at her office. Ms. Sower’s also explained to the board the outcome of this meeting. It was noted that the other property owner had not contacted anyone.
There were several questions asked regarding the changes to the “R-C” District, the focus was if something was being added and what it was. It was determined that “Sales” was being added and nothing was being taken away. The types of sales that could occur from this change were also discussed.
The trustees were asked how property owners were notified when changes were made and it was asked if a letter should not be sent to all who were affected. Ms. Rozak explained that the township followed the procedures, which are required by law. It was suggested that a mailing be sent as a courtesy to the residents whose lives could be impacted regarding changes in the way their properties are zoned.
Ms. Rozak clarified for a resident the purpose of the meeting was to vote on the proposed text amendments that had been initiated by the Danbury Township Zoning Commission and that in the near future the “draft land use plan” would be addressed. Ms. Rozak stated that ultimately the changes to the zoning resolution could affect the Land Use Plan.
At the conclusion of discussion, the roll was called and the vote resulted as such: Mr. Hirt-no, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Ms. Rozak concluded the hearing at 6:25 pm.
There being no further business the meeting was adjourned at 6:25 pm.
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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