Trustees meeting 8/5/09

The regular meeting of the Board of Township Trustees, Newbury Township was called to order at 7:30 p.m., August 5, 2009, with all members present.   Minutes of the meeting of July 15, 2009 were approved upon a motion by Mrs. Blair, a second by Mr. Skomrock, and a unanimous affirmative vote.  Mr. Skomrock commented that his “no” vote at the previous meetings’ adoption of the 2009-1 Zoning Amendment was based on his opposition to specific provisions of the Home occupation section of the Amendment, and that he hoped that the Zoning Commission might want to re-visit this issue.  Mrs. Blair suggested that he work with the Zoning Commission to look at this section with an eye toward possible future revisions that might address his concerns.  Mr. Skomrock voiced his comment that overregulation by government could be detrimental to the community.

 

Mrs. Joni Stusek from the Geauga County Department of Community and Economic Development provided an update regarding the HUD grant for Oberland Park.  Mrs. Stusek recommended that Steve Pattie from the Pattie Group be hired to handle oversight of certain portions of this project.  Mr. Pattie has already provided some initial free consultation to assist the township in reviewing their athletic field plans so that the township could move forward to develop fields in a way that would meet HUD grant requirements.   Mrs. Stusek noted that the township would have a deadline for access to those funds occurring in 2012, with the project itself to be completed in 2011.  It was noted that Mr. Pattie brings expertise in this area which will ensure that the project is professionally completed in the best manner possible and will create specifications that meet HUD requirements for uniformity and completeness.  His estimated price for consultation services is $14,604, but this amount may be lowered due to an anticipated reduction of the scope of the project.  The next recommended step would be to have soils tested for the proposed athletic fields, as some soil might need to be moved to increase the ratio of sand to soil, necessary for a field seeing heavy use.  Mr. Skomrock moved that the township hire the Pattie group to move forward with professional planning for the athletic field portion of the Oberland Park HUD grant.  Mrs. Blair seconded this motion, which passed by unanimous vote.

 

At the request of a Mr. Jeffrey Dolman, a prospective transient vendor who would be marketing educational materials in the township for a very short period of time, Mr. Snively moved that the requirement established by the township under ORC 505.94 to regulate transient vendors through a registration process be waived due to the short duration of time that marketing activity would be conducted in the township, with the stipulation that the vendor carry photo identification and a copy of the transient registration form he had completed for the township.  Mr. Skomrock seconded this motion, which passed by unanimous vote.

 

Mrs. Endres discussed the Neighborhood Stabilization Program grant that Joni Stusek of the Geauga County Department of Community and Economic Development is working on for improvement in the Kiwanis Lake neighborhood.  It appears that the trustees may need to designate target properties to be in a “slum or blight” condition, but the authority of the trustees to make this designation is still being researched.  It may be required that the Geauga County Building Department make that official determination.  Mr. Snively made a motion for the trustees to sign an inspection letter to the Geauga County Building Department and/or the Newbury Volunteer Fire Department, with the understanding that subsequent interpretation of the law may make review by one or both of these organizations unnecessary.  Mrs. Blair seconded this motion, which passed by unanimous vote.  Mrs. Stusek said that tentative plans at this time for the NSP grant were to have 17 structures torn down and 2 structures rehabilitated, with funds required to be obligated by next June.  Three local nonprofit groups which have expressed interest in this project include Habitat for Humanity, Western Reserve Communities, and the Geauga County Housing Coalition.

 

Road activity reported by Mr. Hollis included asphalt patching on Pekin and Arbor Trail patching repairs prior to the repaving project.  Mr. Hollis reported that the paving project has been completed and noted that some seal joints need to be fixed at the some driveways and at the intersection with Bell St.   Other work reported included berm repair on Valley and Music, ditching on Pekin and Arbor Trail, two funerals, and repairs to signs and equipment.  Mr. Snively said that he had been told by Mr. Hollis that the township had an old Ford finish mower over 30 years old and no longer needed, and wanted to know if it could be sold.  According to the Prosecutor’s office, it can be sold at a fair market value of up to $2500 to anyone without requiring the township to hold an auction.   As the Gates Mills Road Department has made an offer of $850, Mr. Snively moved that the mower be sold; Mrs. Blair seconded this motion, which passed by unanimous vote. 

Mr. Snively reported that the township had been looking for a part-time replacement for Jack Lashley, available for daytime work hours.  The township has been using the services of John Mansfield as a contract worker for a temporary period of time, and it has been proposed to hire Mr. Mansfield for $12/hr, with an effective date of August 1st, with a 90 day probationary period.  Mrs. Blair made a motion to that effect, which was seconded by Mr. Snively, followed by a unanimous affirmative vote.

 

Karen Endres discussed proposed electronic sign language being considered by the Zoning Commission, and reported that the electronic sign manufacturer Daktronics would be giving a presentation on August 26th and providing suggested language to accommodate electronic signs in township zoning.  Regarding the Blue Chip Broadcasting issue regarding the tall radio tower located near the northeast corner of Sperry Rd. and Rt. 87, Mrs. Endres stated that she was working with Assistant County Prosecutor Susan Weiland regarding bond requirements to be specified.  It was noted that the BZA had originally put a requirement on the tower owner to keep a bond in force to ensure that the tower would be properly dismantled should operations ever ceased, and it appears that this bond has expired.   As a follow-up to the Whitewood property issue discussed at the last meeting, Mr. Kania came into see Mrs. Endres and said that he was working on a cleanup of his property.  Mrs. Endres also reported that the Board of Zoning Appeals has held a variance hearing for the Geauga Feed operation, which is moving into former Newbury Hardware store location.  Geauga Feed owner Mr. Kevin O’Reilly discussed his plans to incorporate some significant upgrades to the appearance of the building, and it was reported that the variance requests sought to accommodate these upgrades were approved by the BZA.

 

Fire activity reported by Newbury Volunteer Fire Department Chief Zimperman included 40 calls for July, with 268 year-to-date as of today.

 

Roger Mezak reported for the Newbury Joint Recreation Board, stating that adult softball activity down slightly from previous years, and that the Rec Board is planning to start a co-ed softball league next month to help fund a scholarship program.  Park Board activity reported by Mr. Mezak included a report that Chip Hess needed to do some engineering work for the park sign base.  He reported that Mark Fritsch was taking responsibility for that particular project.  It was agreed that a sign permit for the park entrance stone sign being planned should be completed and be on file in the Zoning Department.  The Park Board said that they would be meeting soon to walk the nature trail to give Mike Kler a list of needed maintenance on the trail, since a three-year warranty had been provided.

 

At the request of the Fiscal Officer, Mr Skomrock moved that the board adopt Resolution 2009080501, appropriation transfers of $15.00 from 1000-190-599-0000, General – Other to 1000-320-360-0000, General – Contracts, Cleanup Day, and $1000.00 from 1000-410-323, Cemeteries – Maintenance to 1000-410-190, Cemeteries – Salaries.  Mrs. Blair seconded this motion, which passed by unanimous vote.  Mr. Lair reported that the July month-end bank reconciliation had been completed and books closed for July, with the standard financial report package emailed to the Trustees and the members of the Financial Review Committee. 

 

Mr. Lair reported that the Bid Opening for the asphalt resurfacing of Cory Lane had been conducted last Wednesday, July 29th at 7pm, following proper notification in the July 9th edition of The Maple Leaf.  Bid results were as follows:

Ronyak Paving:                      $49,180.00

Kokosing Construction Co.     $56,995.00

The bid packages were forwarded up to the Geauga County Engineer's office last Thursday, and the township has received back a recommendation that the trustees accept the bid from Ronyak Paving for $49,180.  Mr. Snively moved that the board accept the bid from Ronyak Paving; Mr. Skomrock seconded this motion, which passed by unanimous vote.

 

Mr. Lair reported that following his discussions with Middlefield Banking Company regarding a new township checking account with that institution, the township has received a Memorandum of Agreement for Deposit of Public Funds for execution by the board.  Mr. Snively moved that the board execute the Memorandum of Agreement for Deposit of Public Funds with the Middlefield Banking Company; Mr. Skomrock seconded this motion, which passed by unanimous vote.

 

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

B.C. #

Date

Payee

 Amount

    65-2009

8/3/2009

Various Vendors

 $        1,000.00

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

 

P.O. #

Date

Payee

 Amount

    27-2009

7/25/2009

Schwartz Land Surveying,Inc.

 $           645.00

    28-2009

7/25/2009

Newbury Volunteer Fire Department

 $      17,500.00

    28-2009

7/25/2009

Newbury Volunteer Fire Department

 $      57,500.00

    29-2009

7/25/2009

Kokosing Materials

 $      12,375.00

    29-2009

7/25/2009

Kokosing Materials

 $    100,000.00

    30-2009

8/5/2009

The Penn Ohio Corporation

 $        3,950.56

    31-2009

8/5/2009

Wayne Mansfield

 $           525.00

    32-2009

8/5/2009

Marshall Equipment

 $        1,745.65

 

 

Total:

 $    194,241.21

Warrants approved by signing prior to or at this meeting:

 

Check #

Date

Payee

 Amount

31617

8/3/2009

Ann A. Wishart              - AW

 $           577.79

31618

8/3/2009

David J. Lair               - DL

 $        1,409.49

31619

8/3/2009

David A. Snively            - DS

 $           824.87

31620

8/3/2009

Douglas J. Zimperman        - DZ

 $        1,369.10

31621

8/3/2009

George Mansfield            - GM

 $        1,249.36

31622

8/3/2009

Janice M. Blair             - JB

 $           824.87

31623

8/3/2009

Jas. Rick Phifer            - JP

 $        1,405.08

31624

8/3/2009

Karen E. Endres             - KE

 $           965.51

31625

8/3/2009

Marge Hrabak                - MHR

 $           108.05

31626

8/3/2009

Marcia J. Mansfield         - MM

 $           140.79

31627

8/3/2009

Randal R. Hollis            - RH

 $        1,737.25

31628

8/3/2009

Randal O. Hollis            - ROH

 $        1,211.74

31629

8/3/2009

Timothy A. Mansfield        - TM

 $        1,254.71

31630

8/3/2009

William J. Skomrock, Jr.    - WS

 $           689.87

31631

8/3/2009

Treasurer of State

 $           768.86

31632

8/3/2009

Ohio Public Employees Retirement System

 $        7,386.62

31633

8/3/2009

Ohio Public Employees Deferred Comp. Pro

 $           690.00

31636

8/5/2009

Kokosing Materials

 $      15,477.80

31637

8/5/2009

Chagrin Oil & Gas Co. Inc.

 $           649.28

31638

8/5/2009

Allied Dealers Supply Co., Inc.

 $             55.64

31639

8/5/2009

Ohio CAT

 $      23,211.00

31640

8/5/2009

The Penn Ohio Corporation

 $        2,113.67

31641

8/5/2009

United Healthcare Insurance Co.

 $        8,595.01

31642

8/5/2009

Windstream

 $           318.31

31643

8/5/2009

FASTENAL CO.

 $             50.64

31644

8/5/2009

Schwartz Land Surveying,Inc.

 $           645.00

31645

8/5/2009

M.T. Business Technologies

 $               8.54

31646

8/5/2009

Cleveland Plumbing Supply Co.

 $           485.40

31647

8/5/2009

Speedway SuperAmerica

 $           401.71

31648

8/5/2009

Reliance Standard Life Insurance

 $           448.53

31649

8/5/2009

National City Bank

 $           107.85

31650

8/5/2009

Delta Dental

 $           653.75

31651

8/5/2009

Newbury Volunteer Fire Department

 $      75,000.00

31652

8/5/2009

Great American Awards Inc.

 $             12.00

31653

8/5/2009

Tractor Supply Co.

 $             57.53

31654

8/5/2009

First Energy

 $        1,937.75

31655

8/5/2009

Kimball-Midwest Inc.

 $           209.97

31656

8/5/2009

Patsy Keyes

 $           143.00

31657

8/5/2009

Ann Wishart

 $             34.10

31658

8/5/2009

Newbury Auto Parts Inc.

 $           264.39

31659

8/5/2009

Western Reserve Farm Co-op

 $             53.52

31660

8/5/2009

Dominion East Ohio Gas

 $             78.59

31661

8/5/2009

Verizon Wireless

 $             34.25

31662

8/5/2009

Linda Phillips

 $           694.75

31663

8/5/2009

John Mansfield

 $           936.00

31667

8/5/2009

Skipped Warrants  31664 to  31667

 $                   -  

31668

8/5/2009

The Penn Ohio Corporation

 $        3,950.56

31669

8/5/2009

Wayne Mansfield

 $           525.00

31670

8/5/2009

Sunrise Springs Water Co. Inc.

 $             52.25

31671

8/5/2009

Lillibridge Landscaping, Inc.

 $        2,940.00

 

 

Total:

 $    162,759.75

 

Mr. Snively announced that the township would hold a Records Commission meeting during its regular meeting of August 19th.

 

Mr. Snively reported that the owner of a building on Bell Rd. that had been built without a zoning permit had not applied for a BZA permit.  Standards for a use variance are very high, as they are based on the “Duncan Factors” which would be difficult to meet for this situation.  If Mrs. Endres goes to the Prosecutor’s office for injunctive relief, the situation would then be in the court's hands.  However If the trustees request injunctive relief, the trustees may negotiate a judgment entry with the assistance of APA Susan Weiland.  Mr. Snively recommended that the trustees negotiate a settlement on the Becker cabin issue, and made a motion to that effect.  Mrs. Blair seconded this motion, which passed by unanimous vote.

 

Mrs. Blair provided the monthly Sheriff's report for July, including 240 logged incidents for Newbury, including calls from Newbury to the Sheriff’s 911 Dispatch center plus other Sheriff Department activity in the township, with traffic stops comprising a majority of this reported activity.  Mrs. Blair also reported ongoing Workers' Compensation review of a claim submitted by former employee Linda Nokes; it was noted that liability for the township regarding this claim ended as of June 2009.

 

Mr. Skomrock brought up the issue of the current township meeting notification sign located on the front of the town hall.  It was agreed that it would be better to leave the current sign where it is and look into locating a new sign for current information in the rear of the building, possibly with solar-powered illumination.  Mr. Skomrock also reported on garage repairs to the garage door and man-door, and reported that there still remains a need to replace or repair the building’s side window.  Mr. Skomrock also has looked at the rear stairs of town hall, concluding that inexpensive repairs would extend the life of the stairs at least another ten years.

 

Mr. Skomrock brought up an issue regarding the “General Welfare” provisions in the zoning resolution, asking if this provides the Commission the ability to possibly address noise problems in the future.  Mrs. Endres said that the General Welfare provision does open up that opportunity

 

Mr. Snively said that the current condition of the meeting hall carpet requires rental of equipment for it to be thoroughly cleaned, and the other trustees agreed with this idea.  The board discussed possible rental of the town hall for by for-profit groups, concluding that for the time being, for-profit groups would be directed to the Restful Lake and Kiwanis community halls, which had both received building improvement funding from Geauga County and for which it was believed were both looking for more rental income.

 

This meeting was adjourned at 9:50 p.m., upon a motion by Mr. Skomrock, a second by Mrs. Blair, and a unanimous affirmative vote.