Trustees meeting 7/1/09

The regular meeting of the Board of Township Trustees, Newbury Township was called to order at 7:30 p.m., July 1, 2009, with all members present.   Minutes of the meeting of June 17, 2009 were approved upon a motion by Mrs. Blair, a second by Mr. Skomrock, and a unanimous affirmative vote.  Mr. Snively reported that the proposed ammunition manufacturing operation previously discussed for possible location in Newbury would be locating in Middlefield instead.

 

Road activity reported by Mr. Hollis included ditching on Pekin Rd. from Sperry to Rt. 44, Grace St., and Valley Rd., brush cutting on various roads, 2 funerals, installation of new drive motors on broom equipment and a new engine on the township lawnmower, and other minor repairs.  At the recommendation of Mr. Hollis, the board approved the purchase of a new CB14 Asphalt Compactor from Caterpillar at a net price of $23,211, upon a motion by Mr. Snively, a second by Mrs. Blair and a unanimous affirmative vote.

 

Mr. Skomrock recommended that the board adopt Resolution 2009060702, for the improvement of Cory Lane   Mrs. Blair seconded this motion, which passed by unanimous vote.  Mr. Skomrock moved that the board accept the recommendation of the County Engineer by awarding the Arbor Trail resurfacing contract to Kokosing Construction Company, Inc, for the amount of $112,375 and to execute contract documents for this project.  Mrs. Blair seconded this motion, which passed by unanimous vote.

 

Zoning activity reported by Mrs. Endres included notice that the All-Crane Erection case appeal will be heard by the 11th District Court of Appeals this 4th of November at the Geauga County Courthouse.  Mrs. Endres investigated a reported home business on Woodruff Drive, discovering that this business is no longer in Newbury.  She also noted that the Gage house on Bass Lake Rd. has been torn down and most of the debris has been removed from the property; the property owner does plan to build a new residence there.  She referred to an email regarding the radio tower near the intersection of Sperry and 87 and issues of ice falling from that tower.  In the records of a BZA hearing covering that site, a bond had been mandated for that property to ensure proper demolition and decommission of that tower should it cease operation, but it appears that this bond has lapsed.  Adult-oriented business language was recommended for inclusion in our zoning regulations to ensure that the township would receive assistance from the Attorney General's office should that prove necessary.

 

Mrs. Endres noted that included in the new recommended zoning resolution amendment to be discussed later in tonight’s meeting is a reference to low impact vs. higher impact home occupation business uses.  A low impact use example would be an Internet sales operation where local inventory was not required and consequently very little or no shipments would be received in or out of the business location. 

 

Mr. Snively announced at 8:08 p.m. the opening of the 2010 Tax Budget Hearing to be held at the Town Hall on July 1st at 8:00 p.m.  Mr. Lair read the legal notice that had been placed for this meeting, providing the proper legal notification.  Mr. Lair briefly described the current and projected financial status of each fund, noting the 2009 beginning cash balance, projected receipts and expenditures for this year, projected 2009 ending balance, and the receipts and expenditures projected for 2010, this information all being listed in the 2010 Tax Budget document that had been prepared for discussion at this Tax Budget hearing.  It was noted that the trustees must adopt their Tax Budget by July 15th of each year and forward it to the County Auditor’s office for consideration by the County Budget Commission, which consists of the County Auditor, County Treasurer, and County Prosecuting Attorney.  Mr. Lair said that the Tax Budget before the trustees for their consideration contained revenues that were reduced in several categories from prior years, and that an issue that needed to be kept in mind regarding the General Fund is that it currently operates at a structural deficit, inasmuch as recurring expenses for each year are larger than revenues which can be counted on to be received each year.  Only receipts from inheritance taxes, which cannot be counted on or budgeted for until they are received, have enabled the township to maintain a sufficient balance in the General Fund to permit continued spending on all expenses currently budgeted.  Mr. Lair noted that he had budgeted for no raises for personnel in 2010, as resources are limited, the general economy looks to be in doubtful shape for the next several years, and Geauga County has taken similar action in its 2010 Tax Budget.  Hospitalization has been budgeted for a 15% increase however, as costs in this area continue to escalate.

 

Mr. Lair stated that upon approval of a 2010 Tax Budget, he would forward it to the County Auditor, and that a final Tax Budget Hearing would be held for Newbury Township by the County Budget Commission on the afternoon of August 13th.  The 2010 Tax Budget Hearing was closed at 8:27 p.m.  Mr. Skomrock moved that the 2010 Tax Budget for Newbury Township be adopted as presented by the Fiscal Officer.  Mr. Snively seconded this motion, which passed by unanimous vote.

 

Mr. Lair reported that the June month-end bank reconciliation and financial statement generation process had been completed, with Administrative Specialist Marcia Mansfield participating in the process.  At the request of the Fiscal Officer, Mr. Skomrock moved that Resolution 2009060701, a transfer of $5,400 from 1000-120-730 Town Hall-Site Improvement to 1000-120-323 Town Hall-Repairs be approved.  This motion was seconded by Mr. Snively and passed by unanimous vote.

 

Blanket Certificates approved by signing prior to or at this meeting:

B.C. #

Date

Payee

 Amount

    46-2009

6/6/2009

Various Vendors

 $    7,000.00

    47-2009

6/22/2009

Various Vendors

 $      795.00

    48-2009

6/22/2009

Various Vendors

 $      600.00

    49-2009

6/22/2009

Various Vendors

 $      800.00

    50-2009

6/22/2009

Various Vendors

 $    1,000.00

    51-2009

6/22/2009

Various Vendors

 $    3,500.00

    52-2009

6/22/2009

Various Vendors

 $      500.00

    53-2009

6/22/2009

Various Vendors

 $    2,000.00

    54-2009

6/22/2009

Various Vendors

 $      700.00

    55-2009

6/22/2009

Various Vendors

 $    2,000.00

    56-2009

6/22/2009

Various Vendors

 $    5,000.00

    57-2009

6/22/2009

Various Vendors

 $  20,000.00

    58-2009

6/22/2009

Various Vendors

 $    5,000.00

    59-2009

6/22/2009

Various Vendors

 $  40,000.00

    60-2009

6/22/2009

Various Vendors

 $      500.00

    61-2009

6/22/2009

Various Vendors

 $    2,000.00

    62-2009

6/22/2009

Various Vendors

 $    6,550.00

    62-2009

6/22/2009

Various Vendors

 $    6,550.00

    63-2009

6/22/2009

Various Vendors

 $    7,000.00

 

 

Total:

 $111,495.00

Purchase Orders approved by signing prior to or at this meeting:

 

P.O. #

Date

Payee

 Amount

    24-2009

7/1/2009

Ohio CAT

 $  23,211.00

Warrants approved by signing prior to or at this meeting:

 

Check #

Date

Payee

 Amount

31522

6/22/2009

Inventure

 $    1,119.90

31523

7/1/2009

Allied Dealers Supply Co., Inc.

 $        95.74

31524

7/1/2009

Trushel Excavating Inc.

 $      500.00

31525

7/1/2009

Ed Rumburg, LLC

 $        58.62

31526

7/1/2009

David Lair

 $      210.00

31527

7/1/2009

Ray Fidel

 $      120.00

31528

7/1/2009

Tezeon Wong

 $      120.00

31529

7/1/2009

Mary Lee Brezina

 $      140.00

31530

7/1/2009

Dean Eppley

 $        35.00

31531

7/1/2009

William McCullam

 $      100.00

31532

7/1/2009

Glen Quigley

 $        80.00

31533

7/1/2009

Ken Blair

 $      115.00

31534

7/1/2009

United Healthcare Insurance Co.

 $    8,595.01

31535

7/1/2009

Southeastern Equipment

 $      144.64

31536

7/1/2009

Chagrin Oil & Gas Co. Inc.

 $      330.11

31537

7/1/2009

Reliance Standard Life Insurance

 $      448.53

31538

7/1/2009

Windstream

 $      319.84

31539

7/1/2009

National City Bank

 $        73.06

31540

7/1/2009

Tractor Supply Co.

 $      176.38

31541

7/1/2009

Speedway SuperAmerica

 $      404.26

31542

7/1/2009

Active Plumbing Supply Co.

 $      108.20

31543

7/1/2009

Liberty Fabricating & Steel Inc.

 $      126.72

31544

7/1/2009

Radiator Werks

 $      148.75

31545

7/1/2009

M.T. Business Technologies

 $        28.88

31546

7/1/2009

Patsy Keyes

 $      209.00

31547

7/1/2009

NAPA Auto Parts Middlefield

 $        40.32

31548

7/1/2009

EAB Truck Service Inc.

 $    3,656.69

31549

7/1/2009

CCP Industries, Inc.

 $        76.06

31550

7/1/2009

FASTENAL CO.

 $        23.31

31551

7/1/2009

Dominion East Ohio Gas

 $      123.00

31552

7/1/2009

First Energy

 $      372.95

31553

7/1/2009

Verizon Wireless

 $        34.33

31554

7/1/2009

Kimball-Midwest Inc.

 $    1,217.63

31555

7/2/2009

Ann A. Wishart              - AW

 $      588.49

31556

7/2/2009

David J. Lair               - DL

 $    1,409.49

31557

7/2/2009

David A. Snively            - DS

 $      824.87

31558

7/2/2009

Douglas J. Zimperman        - DZ

 $    1,348.45

31559

7/2/2009

George Mansfield            - GM

 $    1,229.74

31560

7/2/2009

Janice M. Blair             - JB

 $      824.87

31561

7/2/2009

Jas. Rick Phifer            - JP

 $    1,360.81

31562

7/2/2009

Karen E. Endres             - KE

 $      965.51

31563

7/2/2009

Marge Hrabak                - MHR

 $        91.90

31564

7/2/2009

Marcia J. Mansfield         - MM

 $      120.80

31565

7/2/2009

Randal R. Hollis            - RH

 $    1,791.21

31566

7/2/2009

Randal O. Hollis            - ROH

 $    1,144.26

31567

7/2/2009

Timothy A. Mansfield        - TM

 $    1,254.71

31568

7/2/2009

William J. Skomrock, Jr.    - WS

 $      689.87

31569

7/2/2009

Ohio Public Employees Deferred Comp. Pro

 $      690.00

31570

7/2/2009

Treasurer of State

 $      883.77

31571

7/2/2009

Ohio Public Employees Retirement System

 $    7,801.61

31573

6/27/2009

Skipped Warrants  31572 to  31573

 $             -  

31574

7/1/2009

Ann Wishart

 $        23.65

31575

7/1/2009

Jan Blair

 $      210.00

31576

7/1/2009

David Snively

 $      210.00

31577

7/1/2009

Newbury American Legion

 $    1,130.72

31578

7/1/2009

VFW Post 1068

 $        68.30

31579

7/1/2009

First Energy

 $      146.75

31580

7/1/2009

Sunrise Springs Water Co. Inc.

 $      103.25

 

 

Total:

 $  44,264.96

 

Mr. Snively announced at 8:38 p.m. that the next order of business would be to hold a Public Hearing on the proposed 2009-1 amendment to the township zoning resolution, which had been properly advertised for 8:30 p.m.  It was noted that a vote on this resolution has to happen within 20 days from tonight’s hearing.  Mr. Snively asked for any public comments on this proposed change.  Mrs. Endres described the documentation for this proposed change that she described as a work in process since the end of 2005, at which point a previous amendment made effective in January 2006 was adopted.  Mrs. Endres discussed the major changes, which addressed home occupations, which had been permitted by a conditional use.  A proposed change would allow for low impact occupations to be permitted by the Zoning Inspector, while high impact occupations, those deemed as having a visible effect on the home in which they were conducted, would still require the traditional zoning appeal process.  There was some discussion regarding the need to regulate low impact businesses at all.  Mrs. Endres stated that it was the trustees’ role to set the fees for zoning.  It was her opinion that not all changes can be anticipated, and broad generalizations, such as Internet sales always being low impact, cannot be made.  The trustees said that they would like to create verbiage to alter the language to allow a zoning inspector to have some discretion to make a judgment in each case as to what would be considered a low impact vs. high impact.

 

 

 

 

The suggested changes were reviewed as follows:

 

1.            Add the term “General Welfare”, replacing a reference to “Morals”

2.            Add Commercial Motor Vehicle – broadly defines what a commercial motor vehicle is, with intent to limit the number of commercial vehicles stored in a residential area. 

3.            Deleted the term from the original draft of “inoperable motor vehicle”, as being indefensible and based on subjectivity

4.            Change shed size to 120sf from 100sf, to conform with general county standards

5.            Add “C: Mobile Homes, except as permitted under 4.05” which will allow mobile homes as temporary housing

6.            delete inoperable motor vehicle and storage of junk vehicles (see #3)

7.            new addition – section 4.05 temporary uses, such as mobile homes for emergency situations, allowing for special events such as carnivals, bizarres, outlining parameters for their permission

8.            new home occupations, multi-tier, class 1, no impact by impact level

9.            change adult family home “group home” radius one mile between, was 2.5 miles

10.          new additional home occupations class 2, needs BZA hearing (conditional bldg structures and uses)

11.          relocate H: permitted drinking water sanitary facilities to match county requirements

12.          relocate permitted setbacks

13.          change fuel storage tanks per EPA (was referred to previously as undergrounds)

14.          change B1 allowable lot coverage to 50%, was 40%

15.          change M1 allowable lot coverage to 50% was 40%

16.          delete P-O-D (Professional Office District) childcare facilities

17.          change P-O lot coverage to 50% was 40%

18.          add P-O child daycare centers licensed by State of Ohio

19.          add “conditions for”

20.          in reference to agriculture, change term ” prohibited” to “regulated”

21.          change Agriculture allowable lot coverage to 50% was 40%

22.          add parking only one commercial motor vehicle per lot

23.          change driveway 10' setback except R1 to non-R1 lots

24.          change minimum side yard setback to 10' (additions to nonconforming structures)

25.          new – reissue of expired zoning certificates (to put in place a process to prevent a full reapplication)

 

The zoning hearing was closed 9:25 p.m., with the trustees expressing intent to take final action on this amendment at the next meeting.

 

The trustees recognized a resident who lives on Rt. 44 who addressed the trustees regarding problems on neighboring properties that were currently unoccupied and not being maintained.  Mrs. Endres said that a mortgage company currently owned one of the properties in question, but there is a smaller parcel that is not being maintained, and is apparently behind in payment of property taxes.  The resident reported that a neighbor was willing to cut the lawn on this property if the owner could be located and permission granted. 

 

Mr. Mezak introduced Mark Fritsch who provided additional information on the proposal for installation of a large boulder to provide entrance signage at Oberland Park, with a total cost including placement of the boulder of $2,038.  It was noted that the road department could possibly handle the digging of the foundation, and that the concrete base might be donated.  Mr. Mezak noted that there will be some additional costs, including rebar material for the concrete, but based on Mr. Snively's conversation with grant administrator Geauga Community and Economic Development, since none of the components would cost more than $2500, the RFP process would not need to be followed to enable these costs to be reimbursed from the HUD grant.  Mr. Skomrock moved that the trustees approve this project; Mr. Snively seconded this motion, which passed by unanimous vote.

 

Mr. Mezak said that he and Mr. Snively were trying to get resolution on the final rework of the front portion of Oberland Park that had been previously graded and prepared by Wheeler Landscaping.  Mr. David Frey of Field Specialties gave them a definition of what it would take to make this area useable as a soccer field.  Rudy Schwartz will review this information and make sure it is adequate for an RFP to properly rework this area.  Mr. Schwartz will be named as surveyor to ensure proper documentation and precise measurement.  Joni Stusek of Geauga County Community and Economic Development will then be able to do an RFP to have this work done by the third week in August so that the timeline for seeding and re-growth is maintained.  It is expected that the finished field will be safe and appropriate and ready to use by next year, and in 3 years it should be equivalent to the existing soccer fields.  Mrs. Blair moved that the board approve this plan; Mr. Skomrock seconded this motion, which passed by unanimous vote.

 

Mr. Skomrock moved that the board accept the proposal from OTARMA for 2009-2010 property/casualty/liability with the $3 million liability coverage option for a total premium of $10,245.00.  Mr. Snively seconded this motion, which passed by unanimous vote.  Mr. Snively said that he had spoken to the township’s Assistant Prosecuting Attorney Sue Weiland, who said she would consult with the school’s APA Sheila Salem to see if a restriction can be placed on the athletic field area of the school property to preserve that use in the future.

 

Mrs. Blair reported 227 calls placed from Newbury residents to the Sheriff’s dispatch center for June.  Mrs. Blair provided a township website update, stating that the new site was receiving plenty of visitors, and that comments by visitors were being directed to Ann Wishart for upload to the site.  Newbury restaurant listings have been placed on the site, along with available vacant buildings and land data, in the same format as the county website.  It is planned to look at creating categories and subcategories by classification of business.  Mrs. Blair reported that Geauga County Community and Economic Development Director Anita Stocker wants to do a demo of our website with Clay Burnett this fall.

 

Mrs. Blair provided an update on progress being made on various township policy revisions, providing a spreadsheet that summarizes this work. Cemetery and general maintenance was briefly discussed, with Mr. Hollis being involved with talking to interested individuals for possible part-time employment.  Correspondence received since the last meeting was reviewed by the trustees.  This meeting was adjourned at 10:24 p.m., upon a motion by Mr. Skomrock, a second by Mrs. Blair, and a unanimous affirmative vote.

 

 

                                                                                                 

__________________________________  ___________________________________    

David Snively – Chairman                                          Jan Blair – Vice Chairman

 

                                                                                                 

__________________________________  ___________________________________

William Skomrock, Jr.                                                            David Lair – Fiscal Officer