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President Ms. Dianne M. Rozak called the October 26, 2011 regular meeting to order at 7:00 p.m., 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 Safety Coordinator-Deb Burley-Biro.
Visitors attending were, Rita Mahler, Dr. Joyce Plummer, Lisa Bruno, Loretta Grentzer, Peter Corrado, Cheryl Wolff, Kevin McElligott, and Mark Scagnetti.
Approve Minutes
The minutes of the special meeting held October 6, 2011 and the regular meeting held October 12, 2011 were approved as submitted.
Correspondence
The following correspondence was received and read:
The Ottawa County EMA sent notification that at Noon on Friday, October 28, 2011, the Ottawa County Sheriff’s Office dispatchers will test the Emergency Planning Zone (EPZ) sirens for the Davis-Besse Nuclear Power Station.
The Ottawa County Board of Elections sent notification that the board voted to move the polling location for Danbury 4 & 5 to Grace Baptist Church on Port Clinton Eastern Road, effective for the 2011 General Election on November 8, 2011.
The Ottawa-Sandusky-Seneca Joint Solid Waste Management District will hold tire recycling at the Ottawa County Highway Garage on Monday, October 31, 2011 through Friday, November 4, 2011 (ending at Noon) for townships, cities, villages, and associated public agencies within the District.
The Ottawa Soil and Water Conservation District sent a letter regarding the services they offer. An informational brochure was also enclosed.
The 8th Annual Tree A’ Rama Charity Auction will be held at the Historical Mon Ami Restaurant & Winery on Sunday, December 4, 2011. All proceeds go directly to The Salvation Army’s Holiday Toy Drive.
A notification from the Lyle Company, which was sent on behalf of the tower owner, American Tower, was received regarding that the township was not interested at this time in moving forward with a cash payment for the use of the tower property. Should the townships needs change, the contact is Bryan Miller.
Midland Agency Quote
Kevin McElligott of the Midland Agency provided an explanation of the quote to provide property and casualty insurance for the township at an annual cost of $21,377.00. Mr. McElligott explained that the main difference between the townships current insurance carrier and his agency was that Midland offered true insurance versus pooled insurance. The trustees and Mr. McElligott held a brief discussion regarding property and vehicle coverage/deductibles as well as what local entities were being provided quotes also. The trustees thanked Mr. McElligott for taking the time to discuss the quote with the board. No decision regarding this matter resulted.
Insurance Renewal
Regarding the costs for the Sackett Cemetery fencing and the Township Hall flagpole, Mrs. Seamon reported that the township currently paid $57.00 annually for the fencing and the annual cost for the flagpole was $9.00. The trustees agreed that this coverage would remain in place.
Mrs. Seamon said that to add coverage for the dog park fencing and the police department flagpole, the annual combined cost was $39.00. The trustees discussed the matter and agreed that cost for coverage was minimal compared to the amount of money that was spent to install the fencing and flagpole. The trustees authorized Mrs. Seamon notify the Hylant Group to add coverage for the above mention items.
Mrs. Seamon informed the trustees that a representative from the Hylant Group was available to attend the next regular meeting to review the township insurance renewal for property and liability coverage. The trustees agreed and authorized Mrs. Seamon to contact the Hylant Group to arrange for a representative to review the property and liability insurance renewal with the trustees at the next regular meeting on Wednesday, November 9, 2011.
Roads, Buildings, and Grounds
Mr. Scott provided a report detailing the activity of the maintenance department which included that the staff had been busy crack sealing, mowing and trimming. Mr. Scott noted that the half of the dog park had been mowed 10 days ago and that it had not been mowed since because the area was too wet. Mr. Scott reported that attendance during township clean up was average. Mr. Scott informed the trustees that the Marblehead VFW Post 7572 had donated two American flags to the township, one for Sackett Cemetery as well as one for the township hall. Ms. Rozak said she would send letter thanking the Post for the donation of the flags.
278 Sackett -Update
Regarding the matter of a boat being stored on a paved area near 278 Sackett, Mr. Scott reported that Mr. Dress had viewed the area. Mr. Scott explained that if the placement of the boat was centralized more to the property side, as opposed to the roadside, the boat would no longer be in the road right-of-way. Mr. Scott said he had contacted Doug Brown of Channel Grove Marina regarding the placement of the boat and was waiting to hear back from Mr. Brown if in fact he was the one who placed the boat for storage.
Lake Point Park
Mr. Scott reported that the maintenance staff had winterized Lake Point Park.
Mr. Scott informed that trustees that erosion of the road had occurred on the lake side and ODOT was notified of this. Mr. Scott explained that the maintenance staff barricaded the area and stone was added to stabilize the area until ODOT could address the issue.
Mr. Scott reported that he had learned that the pit toilets at the park may be leaking and suggested that they be removed as well as a set of old concrete steps along the embankment. A brief discussion was held regarding the matter and all three trustees agreed that the pit toilets at Lake Point Park should be removed as well as the old steps along the embankment. Mr. Dress will contact the Health Department regarding the procedure that the township must follow to remove the pit toilets located at Lake Point Park.
Sterling Repairs
Mr. Scott said the repairs to the Sterling were complete and the repairs totaled $4,922.55.
Truck Purchase
Mr. Scott reported that pricing for a replacement truck to be used at Sackett Cemetery was being collected and it was projected that discussion regarding the purchase would be held at the next regular meeting November 9, 2011.
Road Improvement Postponed
Regarding the proposed 2012 road improvement project for Northshore Boulevard (TR#257), the Trustees discussed and agreed to postpone the project unit the fiscal year of 2013. Mrs. Seamon will notify the Ottawa County Engineer’s Office.
Keeper’s House Repairs
Mr. Scott reported that Dave Gill was contacted regarding the drainage issues, Brett Waldron was contacting two contractors to look at the roof, and it was being revisited how the hole in the basement wall would be repaired in order to allow access to the main part of the house through the crawl space.
Police
Mr. Hirt reported that the police department to date in the month of October handled 350 incidents. Mr. Hirt also reported that at this time last year the department handled 264 incidents. Mr. Hirt reiterated several of the incidents handled to date in October. The top five incidents handled were, 40-Assist Other Danbury Unit, 27-Supplemental Reports,18-Assist Marblehead Ambulance, 16-Verbal Traffic Warnings, and 15-Suspicious Person/Vehicles as well as 15-Traffic Complaints.
Chief Mike Meisler explained that the computer system had crash approximately two weeks ago and he had contacted Jason Michel at NorthCoast Consulting. Chief Meisler informed the trustees that Mr. Michel advised him that the townships contract with NorthCoast Consulting did not include a maintenance agreement. Chief Meisler advised the board that he contacted Computer Resources to resolve the matter and learned that repair/data recovery costs ranged from $700.00 to $3,000.00.
Chief Meisler explained that to date the costs to repair the system and recover four years of police records totaled $4,131.75. Chief Meisler explained that faulty parts in the server had caused the crash and Dell had replaced the faulty parts at no cost. Chief Meisler also explained that a technician at Computer Resources determined that when the system was installed originally, server one was not mirrored to server two and the backup system was not installed at all, had the backup been installed the township would not be discussing this matter. Chief Meisler explained that Mrs. Seamon had contacted the township insurance carrier and was told that since the system was not installed properly the costs of the repairs were not covered. Chief Meisler said that the Computer Resources had the system up and running at 75% and the township would be receiving one more invoice that was estimated to be about $500.00.
The trustees held a brief discussion regarding if NorthCoast Consulting carried property and liability insurance and who should contact Jason Michel’s to obtain this information. The trustees agreed Ms. Rozak would contact Mr. Michel’s by mail regarding this matter.
Ms. Rozak moved to approve the bills to repair the computer equipment and recover the police records as a whole, not to exceed $5,000.00. Mr. Scott seconded the motion. All voted yes. Motion carried.
Fiscal Officer Shelley Seamon explained that she had spoken to Mr. Scott and Ms. Rozak regarding the payment for the laptop Jason Michel’s purchased for the police department through Dell. Mrs. Seamon said she had emailed and phoned Mr. Michel’s on several occasions to resolve the matter in a civil manner and insure Dell received payment of $813.98 for the laptop. Mrs. Seamon stated she had been working on this since June. Mrs. Seamon said that Dell had notified her that Mr. Michel’s had sent payment for the laptop back in February and that the check had never cleared his bank. Mrs. Seamon also said that Dell notified her that Mr. Michel’s would be reissuing a check in the amount of $813.98 this week and the check would be sent directly to Dell. Mrs. Seamon stated that she was glad to see Mr. Michel’s cooperated with Dell directly to resolve the matter, but was disappointed that Mr. Michel did not have the decencies to inform her that he was working with Dell directly.
Private Outdoor Light
Mr. Hirt reported that installation of the private outdoor light occurred at the police station. Chief Mike Meisler said it took Ohio Edison about 45 minutes to install the light and it was working.
Fire
Mr. Hirt reported that he had attended the monthly fire department meeting and that the committee had met to review the Joint Fire District information received from County Prosecutor Mark Mulligan, which resulted in more questions. `
Safety
Safety Meeting
Ms. Rozak reported that Dale Godfried of the Hylant Group gave an informative presentation regarding the use of personal protective equipment as well as the correct procedures to be used with blood borne pathogens at the employee safety meeting held October 25, 2011. Ms. Rozak said that the meeting was well attended.
Ohio BWC Options
Safety Coordinator Deborah Burley-Biro recommended to the board that the township contract with Frank Gates Avizent and join the Group Retrospective (Group Retro) rate program for worker’s compensation. Mrs. Biro said that the program was relatively new and that in 2010 the OBWC reported that over $9,000,000.00 was reimbursed to those who participated in the “Group Retro” program. Depending on the performance of the group Mrs. Biro said that Frank Gates estimated that BWC rates could be reduced by 39% for 2012 , worst case scenario, if the group did not perform well, BWC rates were estimated to increase no more than 15%. Ms. Biro said the annual fee to contract with Frank Gates was $1,515.00. Mrs. Biro explained that there was a three-year look back for the Group Retro program, but the township may drop out of the program after one year and yearly thereafter.
Mrs. Biro explained that she also obtained a quote from Spooner Incorporated, of Westlake, Ohio. Mrs. Biro said that their fee was higher than Frank Gates but their service were comparable. Mrs. Biro noted the Frank Gates Avizent represents the Ohio Township Association and many of its members.
Mrs. Biro also explained that the township couldn’t stack programs to obtain rebates; therefore, the township would give up approximately a $1,000 in rebates for their participation in the Ottawa County Safety Council as well as the Drug Free Safety Program for 2011.
Mrs. Biro also noted that the township was not yet eligible to join a regular group-rating program with other townships.
The trustees had several questions for Mrs. Biro regarding this matter. Mrs. Biro reminded the trustees of the October 31, 2011 deadline to join the Group Retro rate program. The trustees agreed to consult with other township trustees regarding the program, prior to joining.
The trustees scheduled a special meeting to be held Monday October 31, 2011 beginning at 6:00 p.m. in the lower meeting room of the township hall to determine if the township will participate in the worker’s compensation Group Retrospective rate program, which is administered by Frank Gates Avizent. Ms. Rozak will notify the local newspapers regarding the special meeting.
Zoning
Ms. Rozak reviewed the following report submitted by Interim Zoning Inspector, Walter Wehenkel, and Deb Burley-Biro.
Danbury Township Zoning
October 2011 Monthly Report
October 26, 2011
Permits
Six permit applications have been processed thus far in October and a total of $520.17 was collected in fees. Residential permits were issued for two new single-family homes: one at 2335 S. Harbor Bay Drive, and a new manufactured home at 2181 S Danbury Road. In addition, one commercial boat storage building, one addition, and two accessory building permits were issued.
Board & Commission Activity
The Board of Zoning Appeals held a hearing October 19th for the following applications:
#2011-122 an area variance at 315 N. Channel Grove Rd. to allow a side setback of two and a half (2.5) feet for the purpose of constructing a garage. The required setbacks for an accessory building are five (5) feet from both the side and rear. The Board approved the variance on one side only.
#2011-133 by Tom Dearth, Dearth Contracting LLC, requesting an area variance on the north side to allow a side yard setback of four (4) feet for the purpose of additions at 518 N. Erie Beach Road in the “R-2” medium density residential district. The required side setback for this lot is five (5) feet. In addition, the applicant is requesting an area variance to allow a floor area increase of approximately 50% for the purpose of constructing 786 square feet in additions to the existing non-conforming dwelling. The maximum floor area increase allowed for a non-conforming structure is 20%. The Board approved the variance from the increase of more than 20% in additions to a non-conforming structure, but had the applicant agree to meet the 5-foot side setback.
#2011-139 by NorthCoast Development Group requested a use variance for the property at 8980 E. Hartshorn Road in the “M-1” Manufacturing district, to be used for indoor storage of boats and trailers less than 25 feet in length. The Board approved the use variance with conditions of no outside storage or sales of boats or other equipment.
The Zoning Commission continued a review of proposed amendments to the L district for: a business overlay district, fences and also fence regulations in general for residential districts, along with consideration of concession stands in the township. With more changes to the text amendments and a review by Todd Bickley, Regional Planning Director, the Zoning Commission may be ready to initiate text amendments at their November 2nd meeting.
The Township Trustees appointed Jim Jacobs to the Zoning Commission and Vito Kaminskas to the alternate vacant position.
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 October thus far, the Department responded to 153 calls, e-mails and in-person inquiries and went on 5 site visits. Here is the breakdown:
Calls
Permit and application questions 48
Zoning classification requests 8
Inquiries regarding BZA 17
Inquiries regarding Zoning Commission 29
Other zoning related 15
Non-zoning related 24
Complaints 12
Site Visits
Zoning violations 0
Zoning Commission cases 2
BZA cases 3
Other inspections 0
Mrs. Biro reported that under calls she added a complaint category.
Fiscal Report
Fiscal Officer Shelley Seamon presented the trustees with reports detailing the townships finances through October 26, 2011. Mrs. Seamon reported the final remodeling cost for the police station was $209,775.84.
Mrs. Seamon read the letter sent by 7-year-old resident DJ Webster and his younger brother Noah who is 3-years old. DJ and Noah had submitted a name for the dog park as well as a $2.00 donation for the dog park. Mrs. Seamon said that she felt since the donation was in cash, it was probably the children’s allowance and felt the boys should be acknowledged in the minutes.
Ms. Rozak moved that the authorized credit card user list for Danbury Township be updated to include Kathryn Dale and that employees no longer employed by the township be eliminated. Mr. Hirt seconded the motion. All voted yes. Motion carried.
Mrs. Seamon reported that she had received a public request for a copy of the townships record retention policy from 2000 to present. Mrs. Seamon reiterated the minutes of July 14, 2010, September 8, 2010 and April 13, 2011, which documented that the current record retention policy for the township was nothing is disposed of. Mrs. Seamon said she and Ms. Rozak would be meeting next week to compile a plan regarding how to go about implementing a record retention records policy for the township.
Mrs. Seamon reported the 2011 Government Survey for the Census Bureau was received. Mrs. Seamon said she would be completing the survey and submitting before the November 11, 2001 deadline.
Committee reports concluded and Ms. Rozak dismissed the department heads at 7:53 p.m.
Auction-October 15, 2011
Ms. Rozak reported that the auction was successful. Ms. Rozak thanked Mark and Sharon Scagnetti for their time and auctioneering services. Mrs. Seamon reported the proceeds from the auction totaled $4,593.00.
Ms. Rozak reported that on October 14, Chief Mike Meisler called her to advise that County Prosecutor, Mark Mulligan informed him that the police department had legal authority to dispose of non-township property owned items that were seized/abandoned from a burglary investigation.
Ms. Rozak spoke to Mr. Mulligan who advised that the board should acknowledge that these items were legally permitted to be sold at auction without prior authorization by this board.
1812 Anniversary-Keeper’s House Encampment Request
The trustees receive request for campfire wood for the 2012 encampment that will honor the 1812 anniversary. Discussion was tabled until the next regular meeting.
Barnholt Property
Regarding the abandoned home of Gudrun Barnholt, which is located east of Northshore Boulevard, the trustees discussed that the deadline of October 18, 2011 had passed and the township had not received a plan to restore the home. Mr. Scott said that he saw Mrs. Barnholt and a contractor viewing the outside home last Thursday or Friday, but he did not stop to talk with them. Mr. Hirt said that he noticed efforts had been made to secure the home but the property still was not cleaned up. Ms. Rozak asked the board if they wanted her to send a prompting letter to Mrs. Barnholt regarding submitting a plan to restore the home. The trustees agreed and Ms. Rozak will send a prompting letter to Ms. Barnholt.
Energy Saving Update
Ms. Rozak reported that Larry Hattan will provide an energy savings options update for the township hall that will be available for the next regular meeting.
Speed Limits Lowered
Mr. Scott reported that the township had received the revision speed limit forms from ODOT. Mr. Scott read the letter that accompanied the forms, which stated that 25 MPH speed limits signs could be erected on Jeannie Drive, Marblewood Drive, Meter Road, Mistic Bay Point, Mistic Bay Boulevard, and Sunnydale Street. Mr. Scott said that the maintenance staff would be installed on Thursday, October 27, 2011.
Ohio Revised Code Restrictions
Mr. Scott informed the board that he had spoken to County Prosecutor Mark regarding the ORC restrictions when a town hall is being remodeled, and Mr. Mulligan advised that it is based on the entire amount of money that is being used for the meeting hall portion. Mr. Scott reported that the architectural firm was contacted and they were currently compiling a breakdown of the costs, which Mr. Scott will forward to Mr. Mulligan to make his determination.
Nuisance Compliant Update
Mrs. Seamon reported that Mr. Kilmer had notified the Ottawa County Health Department regarding the numerous cats located on the property at 54 N. Hidden Beach Road.
Asphalt Storage
Ms. Rozak reported that she had spoken to Robert Boehk of Erie Blacktop regarding storage of asphalt on Northshore Boulevard. Ms. Rozak said that Mr. Boehk explained to her that as hot asphalt is delivered the used asphalt is being removed. Ms. Rozak said that Mr. Boehk informed her that he encouraged residents with concerns to contact him at 419-625-7374. Mr. Scott reported he had received several calls from resident regarding this matter also.
Property Purchase
The trustees discussed the potential purchase of property to extend Sackett Cemetery.
The trustees agreed to have the property appraised before making a decision. The trustees authorized Ms. Rozak to seek several appraisers.
Approve Payment of Bills
After examining the following bills in the amount of $43,412.11, Mr. Scott moved that they be accepted and warrants for the various amounts be drawn. Mr. Hirt seconded the motion. All voted yes. Motion carried.
36402 John L Belcher 10/1/11 to 10/14/11 Wages $ 1,123.52
36403 Daniel J. Bergman 10/1/11 to 10/14/11 Wages $ 1,047.04
36404 Deborah K. Burley-Biro 10/1/11 to 10/14/11 Wages $ 508.28
36405 J. Charles Cunningham 10/1/11 to 10/14/11 Wages $ 1,481.51
36406 James E. Dress 10/1/11 to 10/14/11 Wages $ 970.79
36407 John C. Englebeck Annual Wages DZC $ 119.54
36408 Jared E. Griffith 10/1/11 to 10/14/11 Wages $ 1,084.52
36409 Bradford K. LaMarca 10/1/11 to 10/14/11 Wages $ 1,304.60
36410 Mark A. Meisler 10/1/11 to 10/14/11 Wages $ 1,313.07
36411 Michael S. Meisler 10/1/11 to 10/14/11 Wages $ 1,641.38
36412 Brian P Sloan 10/1/11 to 10/14/11 Wages $ 1,402.99
36413 Brandon L. Taylor 10/1/11 to 10/14/11 Wages $ 1,195.91
36414 Brett A. Waldron 10/1/11 to 10/14/11 Wages $ 1,162.95
36415 Walter C. Wehenkel Jr. 10/1/11 to 10/14/11 Wages $ 359.02
36416 Joshua P Young 10/1/11 to 10/14/11 Wages $ 1,338.20
36417 OCSPC Child Support WH $ 141.23
36418 FSI Disposal Trash Pick-up $ 21.00
36419 West Publishing OCR Subscription $ 139.00
36420 Frontier Telephone Services (Admin) $ 212.54
36421 Wal-Mart Community Supplies $ 146.09
36422 David M. Hirt Reimburse Travel Expenses $ 15.00
36423 Staples Business Advantage Office Supplies $ 346.38
36424 AccuShred LLC Residential Shredding Services $ 375.00
36425 Ohio Edison Street Lights $ 537.58
36426 Ohio Edison Electricity -All $ 709.68
36427 Vision Service Plan (OH) Vision Premium $ 230.30
36428 Anthem BC/BS Health/Dental Premium $ 20,685.36
36429 H2 Designs New Decal/Labor Car#430/Plate $ 625.00
36430 DR Ebel Parts/Labor LED replacement $ 627.93
36431 Rakich & Rakich Uniform Slacks -Police Officers $ 799.90
36432 Momar Supplies-Police $ 169.74
36433 Terrence R. Rudes Instructor Training (RFTBAV) $ 196.00
36434 Jared E. Griffith Reimburse Safety Boots $ 100.00
36435 Gordon Lumber Company Materials/Meadowbrook Sign $ 266.83
36436 Verizon Wireless Cell Phones (Roads/Police) $ 382.48
36437 Postmaster Stamps (Admin/Police) $ 132.00
36438 Jamie I Taylor Uniforms Alterations-BLT $ 14.00
36439 Anthem Life Insurance Life Premium $ 485.75
Meeting Day Changed
Due to the Thanksgiving holiday, the trustees will meet on Tuesday, November 22, 2011, instead of Wednesday, November 23, 2011. The regular meeting will begin at 7:00 p.m. in the meeting room at the Danbury Township Hall. Ms. Rozak will post this information on the website and notify the newspapers.
Comments & Concerns
Lisa Bruno had several questions for the trustees and the fiscal officer.
Ms. Bruno asked who or what the pending litigation was about. Ms. Rozak answered that the Kobak case was the pending litigation being discussed.
Ms. Bruno asked how much money a trustee or department head could spend before having to consult with the other trustees. Ms. Rozak informed Ms. Bruno that a trustee or department head was authorized to spend up to $2,500 before board approval was needed.
Ms. Bruno asked Mrs. Seamon to explain the 2011 Government Census Survey she spoke of earlier in the meeting. Mrs. Seamon explained that the survey request general information about the township and was broken in specific areas regarding taxes, debt and finance.
Ms. Bruno asked if the township had certificate of insurance for the sub-contractor who installed the door. Mrs. Seamon said that the township did not have certificate of insurance for the sub-contractor, but she would contact Amy Runge regarding the matter.
Ms. Bruno questioned if the trustees thought it was a good idea to make major purchases so close to the end of the year or could they be postponed until 2012. Ms Rozak said the only major purchase currently was to purchase a new truck to be used in the cemetery.
Following the comment and concern portion of the meeting, Ms. Rozak moved to go into executive to discuss pending litigation 8:40 p.m. Mr. Hirt seconded the motion. All voted yes. Motion carried.
Mr. Scott moved to reconvene the meeting at 9:25p.m. Ms. Rozak seconded the motion.
All voted yes. Motion carried.
Ms. Rozak moved not to appeal the Charles Walter decision and inform Interim Zoning Inspector Walter Wehenkel to issue a permit. Mr. Scott seconded the motion. All voted yes. Motion carried.
Ms. Rozak moved to adjourn the meeting at 9:25 p.m. Mr. Scott seconded the motion.
All voted 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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