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The regular meeting of the Danbury Township Board of Trustees held June 9th, 2010 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 to the meeting were: Paul Bauders, Ed Gensler, John Englebeck, Rita Mahler, Matt Seamon, Matthew Seamon, Lisa Bruno, Nancy Kristensen, and Sonja Kristensen.
Approve Minutes
The minutes of the regular meeting held May 26thh, 2010 and the special meeting held June 9th, 2010 were approved as submitted.
Correspondence
The following correspondence was received:
Certification of the election result on the proposal to authorize Trustees to enter into electric aggregation agreements with opt-outs, from the Ottawa County Board of Elections.
Notification of that the deadline for issues or tax levies for the 2010 General Election ballot is 4:00 p.m. Wednesday, August 4, 2010, with the three step procedure to be followed. A copy was given to each trustee.
Notification from the Ottawa County Engineering Dept., that the Danbury Township Wastewater Treatment System Advisory Council will hold a regular meeting at the Danbury Township Hall, beginning at 5:00 p.m. on Wednesday, June23, 2010. Mr. Hirt will be in attendance.
Information was received from the Ohio Department of Transportation regarding ODOT’s “Rural Consultation Process”, asking that the process be reviewed, written comments and recommendations should be forwarded to Shyna Gawell, Office of Systems Planning and Program Management no later than August 6, 2010. A copy was given to each trustee.
A thank you letter to Detective Mark Meisler and Patrolman John Belcher from Charlotte Vickers for their assistance in unlocking her car at the recycling area at the hall. Ms. Vickers’s stated she was thankful for their expertise and efforts. Mr. Hirt stated that this was not a service that was offered by all police departments.
Committee Reports
Roads, Buildings, and Grounds
Mr. Scott reported that the maintenance department had been busy, mowing, mulching, and maintaining the ball fields and brush drop-off area. Mr. Scott and Mr. Dress will meet with the Catawba Island Township maintenance department on Thursday, June 10, 2010 at 9:00 a.m. purpose being to discuss their brush drop-off procedures. Currently 14 teams (baseball & softball) are using the ball fields and games are also being played on Saturdays. Mr. Dress and his staff received a plaque from the 2010 Lady Laker Softball Program for the hard work and dedication in preparing a fantastic field. Mr. Scott reported he had contacted two companies regarding asbestos inspections for the existing township hall and once he received the information from both companies he would present it to the board.
Police
Chief Mike Meisler reported 444 incidents handled by his department in the month of May and 158 incidents to date in the month of June. Chief Meisler reported of the 444 incidents in May 102 had occurred over Memorial Day weekend. The LED cross traffic does not stop sign was shipped back and a replacement sign is expected in the next few weeks and with installation being by the end June.
Fire
Mr. Hirt reported he would be working with both the Lakeside and Marblehead fire departments regarding the levy issue to be placed on the ballot for the 2010 general election.
Zoning
Zoning Inspector Rhonda Botti Sowers submitted a report listing 11 permits issued in the month of May and 10 permits to date in the month of June. Ms. Rozak reviewed the following monthly zoning report for the month May in Ms. Sower’s absence:
Danbury Township Zoning
Monthly Report May 2010
Training & Professional Growth
The Board of Zoning Appeals training held May 13 was attended by six of the seven board members as well as the zoning inspector and zoning assistant. Using actual transcripts of previous BZA hearings as examples, attorneys Jeff Stopar, John Coppeler and Dave Boldt provided guidance on how to prepare for a hearing, how to receive testimony and how to apply the standards of Duncan v Middlefield when deliberating and preparing findings of fact and conclusions of law. Also participating was Regional Planning assistant director Walt Wehenkel. The training was very well received and thanks is extended to the presenters who put so much effort into preparing for this event.
Comprehensive Land Use Plan Review
The committee to review the Comprehensive Land Use Plan had its second meeting May 11 and focused on a review of the goals and objectives established during the last plan update in 2003. The next meeting is scheduled for June 8.
Board & Commission Activity
The Board of Zoning Appeals conducted 3 hearings in May as follows:
#032-10 modification to a condominium conditional use denied
#043-10 rear yard setback variance approved
#047-10 variance to allow increase to a nonconforming house continued
The Zoning Commission had no hearings in the month of May but did meet to review suggested rules of procedure.
There were no hearings before the Board of Trustees during the month of May. Text amendments approved April 28 went into effect May 28 and were filed with the Ottawa County Recorder.
Permits
Eleven permit applications were processed during May and $508.20 collected in fees. Residential permits were issued for a four additions, one deck, two accessory buildings and one fence. A commercial permit was issued for a directory sign for Rock Harbor Cottages. One permit was rejected resulting in an area variance application being filed.
Calls and Site Visits
A primary activity of the Zoning staff is responding to inquiries from residents, developers, appraisers, contractors, etc. Inspections are performed to verify or identify violations as well as to verify that projects are completed in compliance with approved plans. In addition, the department staff greets visitors seeking information regarding other township services and directs them to the appropriate official or department.
During the month of May 2010 the Department responded to 352 calls, e-mails and in-person inquiries and went on 21 site visits. Here is the breakdown:
Calls
• Permit and application questions 98
• Zoning classification requests 5
• Inquiries regarding BZA applications 40
• Inquiries regarding Zoning Commission applications 10
• Other 122
• Non-zoning related 77
Site Visits
• For zoning violations 5
• For Zoning Commission cases 0
• For BZA cases 4
• For other inspections 12
Notice of Public Hearing
The Danbury Township Board of Zoning Appeals will hold a hearing at the Danbury Township Hall, 5972 E. Port Clinton Eastern Rd., Marblehead, OH 43440, on Wednesday, June 16, 2010 beginning at 6:30 p.m. on the following application:
#058-10 by Lee A. Short, agent for Marvin J. McDowell requesting an area variance to allow a front seatback of 19 ft. from the edge of the road right-of-way and side setbacks of 3 feet 4 inches on the north side and 4 feet 4 inches on the south side for the purpose of constructing additions at 1988 N. Nan in the “R-C” Recreational-Commercial district. The minimum required setbacks are 20 ft. front yard and 5 feet side yards.
Fiscal Report
Fiscal Officer, Shelley Seamon submitted a cash journal summary for the month ending May 31, 2010 and a fund status report as of June 9, 2010.
Complaints
7055 East Harbor Road
Ms. Rozak gave the following update regarding the complaint filed by Ed Gensler on boat storage at 7055 East Harbor Rd on the property of Brad Leyda. Mr. Gensler was in attendance. Ms. Rozak reported as assured by Mr. & Mrs. Leyda the trailer and one boat had been removed. Ms. Rozak will follow-up with Mr. & Mrs. Leyda early to mid next week, advising them that they had promised to have two more boats removed shortly and if the boats are not removed, she will contact the county prosecutor’s office to take action. A letter to county prosecutor Mark Mulligan was sent by Ms. Rozak regarding the above information, as well as the pictures received from Mr. Gensler. The discussion will continue.
Lot 19; Marblewood Drive
Trustees declared the property at Lot 19; Marblewood Drive owned by Mary Jo Shortridge a nuisance on May 26, 2010 for not mowing the over grown weeds within a residential subdivision. Ms. Rozak reported the lot had been mowed late the evening of May 26, 2010 and this information was received by a phone call from Barbara McCall. This matter was resolved.
8640 N. Shore Blvd.
Trustees received compliant filed by John Sherry on June 1, 2010 regarding the condition of the dumpsters located on the property of Bomba’s Fish Cleaning at 8640 North Shore Blvd. Mr. Sherry also emailed pictures of the dumpsters to Ms. Sowers which she forwarded to the Health Department and they addressed the issue the same day the complaint was filed. Mr. Scott reported he had visited the site everything looked fine. Ms. Rozak and Mr. Hirt had also visited the sited and did not find anything in the dumpsters. Mr. Sherry also the requested the dumpsters be moved to the other side of their building where they wouldn’t be directly in front of his home. There was discussion if the trustees had the authority to have the dumpsters moved and if the in the past this was a problem. The trustees agreed to monitor the situation and pursue it if the problem persisted.
Mr. Sherry had planned on being at the meeting but was not.
Meadowbrook Boardwalk
Ms. Rozak reported she had contacted Milton Pommeranz of BEC Associates regarding a one-year guarantee for the corrections made to the boardwalk. Mr. Pommeranz felt the corrections to the boardwalk had been done satisfactorily and provided by email the following information stated in the contract between D & L Young and the township. Ms. Rozak read the following paragraph from the contract: Where defective work (damage to other work resulting there from) has been corrected or removed and replaced under this Paragraph 13.07 correction period hereunder with respect to such work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. The information regarding the contract was discussed and the board agreed the one-year guarantee would be in effect and that the final balance due to D & L Young should be approved.
Approve Final Balance Due to D & L Young for Construction of the Boardwalk
Mr. Hirt moved to approve the final balance due to D & L Young for constructing the boardwalk in the amount of $4,707.28. Second by: Mr. Scott. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak -yes. Motion carried.
419 S. Bridge Rd. Property
The trustees and Chief Mike Meisler met with Fritz Roberson of The Collaborative on June 3, 2010 and approved Option A-3 to renovate the landscape building. Mr. Scott reported that the maintenance department had mowed the property and they would be addressing a water leak.
There was discussion of keeping the pond, the possibility to move township recycling to the site, and having the locks rekeyed.
Keeper’s House
Ms. Rozak reported she had received the following information from county prosecutor, Mark Mulligan regarding acquiring the Keeper’s House. The township can pay off the present mortgage and make arrangements with the Ottawa County Historical Society for repayment. Ms. Rozak stated she was not in favor of paying off the mortgage. With regard to the township just mowing the lawn, Ms. Rozak received the following response from county prosecutor, Mark Mulligan: He was hesitant about the township mowing the lawn because we would be engaging in a non-governmental activity and be subject to a lawsuit without our governmental immunity if any injuries occurred. The townships insurance may not carry over for any liability issues plus there are potential worker’s compensation issues. Mr. Mulligan suggested the township donate to the Ottawa County Historical Society to have the mowing done. The trustees had a brief discussion and agreed to schedule a public hearing at a future date. Mr. Scott will contact the high school regarding possible dates available for the meeting to be held in the high school auditorium. Once a date and time is determined a notice will be published in the local newspapers and the Danbury Township website.
Brush Drop-off Area
Ms. Rozak presented the board with the procedures followed by Catawba Island Township for their brush drop-off area which she obtained from Pat Cerny, Fiscal Officer of Catawba Island Township. Their site is open every day of the week, they call several companies to obtain bids for the grinding taking the lowest bid, and the grinding of the brush is done twice a year with the cost being about $20,000.00. Catawba Island Township does sign paperwork with the EPA to advise them of what is distributed and how much mulch.
Mr. Scott asked Matt Seamon, Maintenance Supervisor of Portage Township what procedures they followed regarding brush and leaves. Mr. Seamon stated that they provided a curb-side brush pick-up services once a month and the leave collection is a continuous service during the fall months.
There was a very lengthy discussion of the current situation at the brush drop-off which is being abused by dropping items off other then brush and who actually is using this service from neighboring areas. The main items discussed were:
1. What is the actual cost to the township with the maintenance department maintaining the area?
2. Should the availability to the area be limited from seven days a week to three or four days a week and have the area open once a month on a Saturday?
3. Who other than Danbury Township residents is using the service?
4. Should someone be posted to monitor the area during days of operation?
Ms. Rozak stated that when Mr. Dress presented the idea to start this service to the board several years ago, they agreed it was a service they’d like to offer to Danbury Township residents, but no one realized what would happen long term. The brush drop- off area was envisioned for the residents of Danbury Township. The discussion will continue on how the situation will be resolved.
Credit Card Policy
Ms. Rozak presented the board with a list of authorized users of Danbury township credit cards which is a part of the recently adopted policy. Under the Wal-Mart card the Brett Waldron, Jared Griffith, and Daniel Bergman were inadvertently left off. Ms. Rozak added each of their names by hand to the Wal-Mart card as authorized users and each trustee initialed the additions. It was also noted that the trustees were not on the list and the board decided that Ms. Seamon would purchase items they needed and the trustees were not added.
Ms. Rozak moved to approve the list of authorized users of Danbury township credit cards, with the addition of Brett Waldron, Jared Griffith, and Daniel Bergman to the Wal-Mart credit card as authorized users. Second by: Mr. Hirt. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Junk Vehicles
Ms. Rozak provided the board with a copy of the Regulations Regarding Removal of Junk Vehicles resolution adopted by Danbury Township on July 23, 2010.
Request to Representative Dennis Murray/ Senator Mark Wagoner
In June of 2007 a request to place a traffic light in Danbury Township at the intersection of St. Rt. 163 and North Shore Boulevard was not warranted. Ms. Rozak reported she was contacted by Kathy Radabaugh in which she asked to have this issue addressed again. Ms. Rozak presented the board with Ms. Radabaugh list of suggestions regarding the matter and the 2007 signal warrant summary she obtained from Mike Stormer. The board discussed the information and agreed to have Ms. Rozak prepare a letter to Representative Dennis Murray and Senator Mark Wagoner regarding the need for a traffic light at the intersection of St. Rt. 163 and North Shore Boulevard.
Bayshore/State Rd. Intersection
Ms. Rozak reported there had been several complaints of near misses at the intersection of Bayshore Road and State Road just over Memorial Day weekend. Ms. Rozak also reported she had contacted County Engineer, Dave Brunkhorst regarding new signage as well as the potential for a traffic pattern change at the intersection of Port Clinton Eastern Road, State Road, and Bayshore Road. Mr. Brunkhorst advised he will follow up on the request.
Request to Transfer Liquor Permit
Trustees had no objections regarding a request to transfer D5 and D6 liquor permit from Skipper Marine of Ohio L.L.C DBA Marina Del Isle to Staelc L.L.C. DBA Cleats Club Seat Grille doing business at Marina Del Isles.
Staples Advantage – Ohio DAS
Ms. Seamon presented the board with the information she obtained from Staples Advantage representative, Lori Ritter regarding purchasing office supplies from the Staples Advantage Contract through the Ohio Department of Administrative Services which the township is a member of, potential savings being 28.4%. The comparison analysis prepared by Ms. Ritter was compiled from previously ordered items over the past six months. It was discussed and the board agreed to purchase offices supplies through the Staples Advantage Contract.
Approve Payment of Bills
After examining the following bills in the amount $314,374.75, it was noted that warrant # 34879 made payable to Minuteman Press in the amount of $1,062.40 would be voided and reissued to the Postmaster in the amount of $1,062.40. Mr. Hirt moved that they be accepted and warrants for the various amounts be drawn with the above correction. Second by: Mr. Scott. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak. Motion carried.
34858 John L Belcher 5/15/10 to 5/28/10 Salary $984.77
34859 Daniel Bergman 5/15/10 to 5/28/10 Salary $1,146.87
34860 Deborah K Burley-Biro 5/15/10 to 5/28/10 Salary $495.27
34861 J. Charles Cunningham 5/15/10 to 5/28/10 Salary $1,254.68
34862 James E Dress 5/15/10 to 5/28/10 Salary $956.35
34863 Jared E Griffith 5/15/10 to 5/28/10 Salary $1,074.21
34864 David M Hirt 6/1/10 to 6/30/10 Salary $828.56
34865 Bradford M LaMarca 5/15/10 to 5/28/10 Salary $1,195.94
34866 Mark A Meisler 5/15/10 to 5/28/10 Salary $1,285.54
34867 Michael S. Meisler 5/15/10 to 5/28/10 Salary $1,687.29
34868 Dianne M Rozak 6/1/10 to 6/30/10 Salary $879.50
34869 Charles B Scott 6/1/10 to 6/30/10 Salary $903.53
34870 Shelley J Seamon 6/1/10 to 6/30/10 Salary $1,363.35
34871 Rhonda Botti Sowers 5/15/10 to 5/28/10 Salary $1,158.10
34872 Brandon L Taylor 5/15/10 to 5/28/10 Salary $1,136.72
34873 Brett A Waldron 5/15/10 to 5/28/10 Salary $1,038.02
34874 Joshua P Young 5/15/10 to 5/28/10 Salary $1,304.74
34875 State Disbursement Child support $72.00
34876 OCSPC Child support $141.23
34877 Calibre Press Training PD $344.00
34878 Marshall & Melhorn Legal fees $518.00
34879 Minuteman Press Voided payable to wrong vendor $0.00
34880 First Communications Long distance $14.55
34881 Traffic & Parking Control LED Sign $1,350.00
34882 Culligan of Northern OH Bottled water $35.75
34883 OACP Annual dues PD $195.00
34884 Sunoco Car wash tokens PD $112.00
34885 OCPCA Annual dues PD $15.00
34886 FanMark Inc. Repairs $151.95
34887 PC Ford Mercury Inc. Repairs $291.48
34888 Vance’s Operating Supplies PD $112.17
34889 Starcher Enterprises Operating Supplies RB $6.95
34890 Mineyahta Assoc. Annual dues $80.00
34891 Commerce Paper Copy paper $164.38
34892 Corso’s Trellis – Battlefield Park $79.99
34893 Postmaster Stamps $149.00
34894 OCSE Water/sewer $104.58
34895 Gall’s Operating Supplies PD $39.53
34896 ORPC Annual assessment $1,934.50
34897 Eastman & Smith Ltd. Legal fees $1,830.00
34898 Fremont Fences Dugouts/net stops $11,195.00
34899 OCSE Voided Warrant $0.00
34900 Luckey Farmers, Inc. Gasoline $2,858.84
34901 Lakeside Vol. Fire Dept. Contract payments Fire/EMS $117,000.00
34902 Village of Marblehead Contract payments Fire/EMS $117,000.00
34903 OCSE Contract payment Fire Hydrants $34,115.73
34904 D & L Young Final payment boardwalk construction $4,707.28
34905 Postmaster Newsletter postage $1,062.40
Approve May Financial and Bank Reconciliation Reports
Ms. Rozak move to approve the May Financial and Bank Reconciliation reports as submitted by the fiscal officer. Second by: Mr. Scott. Vote-Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Authorize transfer from Star Ohio to Marblehead Checking
Mr. Scott moved to authorize transferring $155,000.00 from the Star Ohio investment account to the Marblehead Bank checking account purpose being contract payments due to the Lakeside Volunteer Fire Dept., The Village of Marblehead, and OCSE for hydrants’. Second by: Mr. Hirt. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Approve Bond
Mr. Dave moved to approve the Police Constable bond for Patrolman Brian P. Sloan in the amount of $5,000.00. Second by: Ms. Rozak. Vote: Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Comments & Concerns
Matt Seamon asked how many people in the township could write a zoning permit.
Ms. Rozak stated that just Ms. Sowers was able to write permits.
Mr. Seamon asked why the zoning assistant could not write permits and what did she do?
Ms. Rozak stated that Ms. Sowers is the only person bonded to write permits. She also stated the Ms. Biro currently does zoning site inspections and handles safety.
Mr. Seamon stated that he felt the township should have more than one person able to right permits with the amount of building that goes on in the township. He also stated that with the amount of time the zoning assistant has been employed with the township she should have received the training needed to write a permit. Ms. Rozak stated that Mr. Seamon made a valid point.
Lisa Bruno stated that she had gotten a permit to place a sign for Petro Homes, marked out where the sign was to be placed according to the permit she received and waited for the zoning inspector to inspect the site. Once the site was inspected she then was told the sign could not be placed where the permit said it should go due to other zoning violations at the site.
Ms. Rozak stated she was not aware of this situation and would follow up with Ms. Sowers on the zoning complaint.
Nancy Kristensen stated the amount of money being given to the fire departments had increase considerably over the past five year, is the increased attributed to the amount houses being built here and the extra property tax money being collected. Ms. Rozak stated this would be something Ms. Seamon would have to research.
Ms. Kristensen stated in Marblehead, we are about to have fire levy issued on the citizens of Danbury Township and I understand that the people who reside in the village will not be paying that levy. Ms. Rozak and Mr. Hirt stated that they will be paying the tax also.
Ms. Kristensen also asked about the Fire District levy, the Fire Levy and the EMS levy.
It was explained that the Fire District levy was established to pay solely for the fire hydrants in Danbury Township and the residents of The Village of Marblehead were exempt from this tax.
Regarding the Fire and EMS levies is was explained that Danbury Township does not own a Fire Department to provide fire and EMS services, they contract these services through the Lakeside Volunteer Fire Department and Marblehead Volunteer Fire Department for these services and that the two levies are paid by both the citizens of Danbury Township and The Village of Marblehead. The township then contracts with each of the departments to provide fire and EMS service in Danbury Township, making semi-annual payments to the Lakeside Volunteer Fire Department and The Village of Marblehead from the funds collected for each levy.
Ms. Kristensen suggested the board think about starting a fire department of its own.
Lisa Bruno asked if the township was able to contribute to charitable organizations.
Ms. Rozak stated it is permissible for the township contribute to charitable organizations.
Ms. Bruno asked if the townships were to advertise for bids what newspapers they would use. Ms. Rozak stated that they would use the Peninsula News and the News Herald. Mr. Scott added that there are people whose profession is to review bids in local newspaper and they are contracted to do so, which in return reaches more than just the Ottawa County or Erie County if the township would use the Sandusky Register.
Ms. Bruno asked how many hours it takes to maintain the brush drop-off area a week. Mr. Scott stated it amounted to 10 hours a week.
Ms. Bruno asked if anyone else other then Ms. Seamon’s credit was checked for the township credit cards. Ms. Rozak stated that the credit cards the township currently had were merchant cards and no township employee’s credit was check to obtain these cards.
Ms. Bruno asked if Ms. Seamon was compensated to take the minutes for the meeting and had Ms. Sowers been compensated in the past. Mr. Scott stated that Ms. Seamon did not receive compensation for taking the minutes and that it was not in her job description, that there were boards who had the meetings taped and sent the tapes to a transcriber. Ms. Rozak stated Ms. Sowers was not compensated for taking minutes either.
Ms. Bruno stated it was her understanding that department heads were required to attend these meetings and that the zoning inspector had not attended the last two meetings, why was that. Ms. Rozak stated that department heads were required to attend township meeting unless they had valid reason such as illness, prior comment, or vacation. Mr. Dress stated that was not true, sickness or vacation were the only reasons to be excused from a meeting. Mr. Hirt stated Mr. Dress was right.
Ms. Bruno asked if the township had an employee hand book and if there were job description for each employee. Ms. Rozak stated there was a personnel policy and procedure manual but the township did not have a job description for each employee. Ms. Bruno then requested a copy of the personnel policy and procedure manual and any job descriptions that the township had from Ms. Seamon and understood she would have to pay for the copies.
Executive Session
Ms. Rozak moved to go into executive session at 8:35 p.m. to discuss compensation.
Second by: Mr. Scott. Vote-Mr. Hirt-yes, Mr. Scott-yes, Ms. Rozak-yes. Motion carried.
Ms. Rozak reconvened the meeting at 8:50 p.m.
There was not action taken.
There being no further business the meeting was adjourned at 8:50 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 fiscalofficer@danburytownship.com to make arrangements for record review or purchase.
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