Sullivan Township Trustees
Regular Business Meeting
September 17, 2007

Attendance:  Mark Schwab, Chairman
                    Mark Hickey, Vice-Chairman
                    Duane Jenkins, Trustee
                   

The meeting was called to order at 7:30 PM by Chairman Mark Schwab followed by the Pledge of Allegiance.
Mark Schwab stated due to the absence of Fiscal officer Susan Denbow, Janice Steele would be setting in to take the minutes and full fill the Fiscal Officers duties at this meeting. Trustees Mark Hickey and Duane Jenkins agreed.

Mark Hickey stated his copy of the July 16th minutes on the CD provided to him would not play on his CD player.  Mark Schwab stated he did not receive a copy of this CD. Mark Schwab moved to accept the July 16th minutes with the corrections, Mark Hickey second, Mark Schwab and Duane Jenkins, Yes. Mark Hickey NO as he has not reviewed the audio CD. During the signing of the minutes, Duane Jenkins discovered the minute presented were not the corrected version.  The July 16th minute were then tabled until the next business meeting.

Mark Hickey made a correction to the August 20th minutes. Page 2, 2nd paragraph from the bottom, Mark Schwab was the individual to speak to Paul O’Reilly regarding the Lytle Construction making a bid on the chip and seal. Mark Hickey then stated he had sent a legal opinion to Paul O’Reilly regarding the Fire Pond. The August 20th minutes were then tabled until the next business meeting.

 Duane asked if a legal opinion was sent to Paul O’Reilly concerning Lylte Construction making a bid on the chip and seal project. Mark Schwab stated none had been sent, but thought it was not necessary since Lylte did not present a bid. Duane stated he felt it was still necessary as they had made a resolution in a previous meeting to send for the opinion. Duane will write the legal opinion questions and have it ready at the next meeting.

Mark Hickey requested a correction on the September 4th minutes. First paragraph on the last page. Gary Hollingsworth had arrived with the chip and seal bid. Mark Hickey did not arrive until the floor had been opened to the public. Mark had been to the funeral home in support of the Dewey Cowhick family. The minutes were tabled until the next business meeting.

There was a general discussion about returning to taping of the minutes. Mark Schwab stated the ORC does not accept audio recordings as minutes. Duane felt it would be a necessary thing as this would be a way of checks and corrections prior to presenting the minutes in a meeting. He also stated it would be a helpful tool for the fiscal officer to be able to refer to the tapes for additional clarification of the transactions within a meeting. . Duane stated that ultimately it is still at the discretion of the Fiscal Officer and the Trustees can only suggest the use of a tape.

Duane stated Jarren Thompson would not be appearing at this meeting. Jarren does not wish to address his complaint in this forum. He will be addressing his complaint to a State Official.

Duane moved to pay the Bills, Second by Mark Schwab. Roll call, all yes.

Mark Schwab requested a full time sheet from Gary even when he takes vacation time. Gary acknowledged Mark’s request.

FISCAL OFFICER REPORT

The cemetery fence repair cost estimate from Farnsworth Fence has been faxed to the State Farm claims adjuster.

Credit application for WW Williams and Fallsway Company’s were presented to the trustees. Gary explained the credit application were necessary in order for him to make purchases without making payment up front. A discussion was held on the possible line of credit that could be available. It was finally agreed upon to call the above mentioned companies to see if they would be willing to work on a Purchase Order basis. Gary would call them regarding this request. The credit applications would not be completed or signed.

A letter from a Twp. Resident was presented regarding a motor vehicle issue on Twp Road 501 Although the letter was in response to the Trustees survey regarding the reduction of the speed limits on the Twp. Roadways, they agreed the motor vehicle incident could only be addressed by the County Sheriff’s department.

L.M.R.E. CoOp cards were presented to the trustees. The cards are used for discounts and had been included in the electric bill.

TRUSTEES REPORT

Mark Hickey stated Jerry Beebe on 581 needs a culvert, as there is none there. Further north of the Beebe residence there is a culvert that needs a clean out and a repair/reset. Gary will look into this.

Mark advised Lyle would be out after the next rain to complete the burming on the 581 project.

The culvert at 76 Twp. Rd. 581 is covered with cement and needs to be replaced. Janice stated, at Mark’s Hickey’s request she had contacted the original contractor, Joel Hawley. Joel does not have a culvert permit copy in his files and does not remember if he had applied for one. This home was constructed in 2005. This home has been in a foreclosure and is now in the hands of a mortgage company. It was decided that a letter should be sent to the mortgage company requesting repairs be made. Mark Hickey will prepare this letter and have it ready at the next business meeting.

Mark Hickey presented a prepared letter addressed to Mr. Heilman regarding the abandonment of the Fire Pond. Mark does not have a copy of the legal action prepared by the Prosecuting Atty.’s office and would like a copy for his files. Mark and Duane agree with this letter all liability of the Township has now been absolved.

Mark Hickey has spoken with the Huntington Twp Road Supervisor, Denny Finkel. Denny would like to know if the township would be interested in swapping labor for the repairs on Hawley Road running South from New London Eastern Road to County Road 40 It would consist of a total of 6 days on grading and compacting the East and West side of the roadway. Gary advised he was at a point that he could assist in the road repairs.  Duane stated he would rather have Gary spend any extra time on Twp Rd 150 at the Messengers and on 581 at the Minnich’s. Both of these homes have been subject to flooding and they are in real need of ditching and/or culvert repairs. Gary explained he and Paul had been looking into the way to correct the flooding issues. He does not have the materials on hand to make repairs at this time and it will take a  “couple” of weeks to get them. He also stated he needed more dust bond material to finish off some of the left over grindings and well as possible repairs on the northern end of 581. Mark Schwab would like to see a written agreement on the swapping of man-hours on the Hawley Road project.  Mark Hickey stated Walt Rollin from Huntington Twp. does not have the time to wait.  It was decided to contact Denny Finkel and explain due to a lack of manpower with Paul’s possible upcoming surgery we would not be able to swap labor.

Mark Hickey was out to Joe Ternes’s neighbor regarding a possible water way issue. Mark would like to send a courtesy letter to Joe directing him to the Ashland Soil and Water department. Duane does not want a letter sent to avoid any possibly liability against the township. It was then agreed no letter would be sent.

Mark asked Gary is there was a policy in place yet for the recycling of the used motor oil. Gary stated not yet, but he was working on it and at this time he did not a have a full barrel of used oil. Therer was general discussion about how the recycling of the oil was used. Mark Hickey stated most was used in furnaces and Steve Denbow explained the Black River High School uses it in their furnace and Auto Zone will take used oil as long as it is 100 gallons or more. Duane stated he does not want any of our used oil to be recycled in that manner. He prefers to have it recycled at the proper facility to avoid any liabilities coming back on the township. Duane agrees to get cost of the refining of the used oil

Duane wanted to know if we are going forward on the in house complaint regarding junk vehicles. Reference 505.86 and 505.173. Discussed the past administration using the 505.86 in several cases. Mark Schwab would like copies of the past minutes and resolutions regarding the past use of the 505.86.  Upon Duane’s request, Janice had sent him copies of the past minutes and past zoning reports for the years 2003 and 2004. There were no resolutions attached to the minutes. Duane would like to initiate letters to the present complaint, Mark Hickey and to Mike Hopkins and James Nally. Duane would like to move forward on this. Mark Schwab would like a decision as to only a pick and choose or an all over generic letter for those in the township.  Mark Schwab would like to see a generic letter developed. Duane will construct a letter for the next business meeting.

There were several questions from the floor and general conversation. Bonnie Fegan was asking about the cost involved with going forward on removing junk.  Janice had tried to explain how the junk issues were address in the past and audience conversation overrode her response. 

Pete asked for 1 rule to apply to the audience in speaking out of order. Mark Schwab apologized to Pete stating he had made a mistake by not calling on Pete to speak and offered Pete the floor to speak. Pete declined and would wait for the floor to open to the audience.

Mark Schwab moved to unencumber the $10,000.00 for Sue’s helper. Duane seconded the motion. Roll call, all yes.  This would free up monies for the 505.86 and 505.173 in cleaning up the junk.

FIRE CHIEF’S REPORT

Gary turned in the 2007 minutes from the Fire Department, however the months of March and April have not been included. Gary will try to have them for the next business meeting.  Donna Riley made a public record request for copies of all the Fire Department minutes.  Janice Steele asked Mark Schwab if it would be permissible for her to Fax these requested copies to Donna on Sue’s behalf.  Mark gave his permission.  Donna & Janice made Fax arrangements for 8 AM on Tues. September 18th.

Gary turned in 2 proposed rule changes for the Fire Department:

“Effective September 5, 2007, I Chief Gary Hollingsworth am making an addition to rules and regulations to state that lights and sirens only be used in the Township and speed limit will be 10 MPH over posted limits. At all times while responding to calls. The boundaries are as followed ST RT 58 from county line to County road 500. From county line to township line on US 224. No lights and siren will be permitted past these boundaries. There will be only one exception to these rules as for Mutual Aid calls only.”

“I Chief Gary Hollingsworth am making a addition to rules and regulations as followed to all personal that want lights and sirens to be able to put them on vehicles must first get written permission from the Chief of the Department before they are installed along with State Vehicle inspection, State Fire Insignia.”

Mark Hickey does not want any speed limit set by the department.  State laws already have in place “with due regard” when responding in any emergency. Mark Schwab suggested the standard 55-MPH limit. Mark and Duane agree the speed limits should be at the state limits set.  The trustees agreed all vehicles must first be inspected by the State regarding Lights and Sirens and only then could the Chief approve lights and sirens for the individual’s vehicle. Mark Schwab asked if these rules had been presented to the Fire Department.  Gary was bringing them to the Trustees first.   Mark Schwab asked Gary to rewrite both rules and take them to the Fire Department. Gary is still waiting on the Fire Inspectors report on the brush/tire-burning incident.

NO REPORT FROM EMS

ZONING INSPECTOR’S REPORT

Janice turned in a culvert permit from John Sudar as it was sent to her for lack of locating an address for the road superintendent. Janice asked about going forward with the new zoning resolution book and the possible “recertification” of the map.  Duane stated we still need to clarify the map situation before we can go forward with the new resolution book. Duane will set up a date for the required depositions on the map. Mark Schwab stated we may need and attorney present at the depositions to be sure the correct questions are asked.  Duane agreed to call Paul O’Reilly to be certain of the proper procedures to follow.
Janice stated she had a number of phone calls from financing institutions regarding zoning requirements on setbacks.  There were only 3 permits issued since the last meeting, 2 storage/garage building and 1 new home.

ROAD SUPERINTENDENT’S REPORT

Gary turned in 2 work requests;

.  A culvert replacement on Twp Rd 462.. 40’ of 15” pipe at $265.00 and labor at $430.00 Gary has enough stone in the yard to bed the pipe and could start this job as soon as materials arrive.  Duane moved to go forward with the repairs, Mark Schwab second. Roll call, all yes.

A culvert replacement on Twp Rd 150 West of Co. Rd. 681.  Gary has 1 10” piece in the shop but will need another piece of 42” at $ 951.00 for 20’. The road would be closed for 3 days and labor would be $642.00. He will also need 50 ton of stone  at  $495.00, with a total cost of  $2088.00. Duane moved to go forward, Mark Schwab second. Roll call, all yes.

Gary stated there is still a problem at the Wolfe residence at 380 Twp. Road 581. The ditch needs a further clean out with a culvert repair and a cement catch basin is needed. Trustees agreed this is a continuing part of the  581 project and to proceed with repairs.

OPEN TO THE FLOOR

Eric Bartok stated there is a sign missing at 391 & 150. Gary will check it out.  Eric donated a light bulb for the Gazebo for Halloween.

Steve Denbow stated that every second counts in emergency response times in regards to the set speed limits

Gregg questioned who and how junk vehicle would be determined in the new rules especially in the event of restoring antique and/or collector vehicles.  The trustees explained there is a criteria of 3 descriptions of “junk vehicles” However ultimately the owner can secure the vehicle in an enclosed structure of they can keep from the public’s view by erecting a fence.

Mowing job application was submitted by Kenneth Webb.

Doug Campbell agreed with Steve about the speed issue with lights and siren, driving with due regard and in a safe manner. Every second counts when you are working within the “Golden Hour”

Donna Riley stated in the prior administration, there had been 10 cases of junk issues sent to the prosecutor’s office by resolution. She has copies of those resolutions and will provide copies to the trustees.

Pete Riley asked the trustees if they had ever made any kind of arrangements for issuing a permit allowing the payment for same at a later date. The response was, NO.

Carol stated they are having issues with several ATV drivers revving up and down the road without regard The Sheriff has been contacted but nothing has been done. Duane posed the possibility of having a constable. There was general discussion as to how we could have a constable. Duane stated if anyone were interested he would look into the rules and cost figures for this. Mark Schwab was not interested, but Mark Hickey was. Duane agreed to look into this.

Faye Schwab is in favor of having a constable.

Bonnie questioned how they would be able to set aside enough money regarding the junk violation issues.  Previous trustees have tried to clean up the mess on the Nalley property on her street and nothing has ever been accomplished. She did not want to make a formal complaint about the Nalley property.

Mr. Philllips questioned the issue on the township setting the speed limits on the Twp. roadways.  Duane stated he is ready to go forward with this and would like to see a limit of 35 MPH set.  Mark Schwab said it would take at least 56 signs but suggested we look at purchasing 65, plus the posts.

Duane moved to purchase signs and then withdrew it, as a resolution is needed.  Mark Schwab will write the resolution and have it ready at the next business meeting. Gary will check on the time frame of the delivery of the signs.  Duane suggested listing all road that will be 25 MPH or less. Duane asked Gary for price list and time frame on the signs.

Only 1 chip and seal bid was received and it was rejected as it was over the budgeted amount.

Mark Hickey would like to see at least Twp Rd 250, between 581 and 681 and the East Side of 350 from 58 completed yet this year.

Gary asked for 2 thousand gallons of Dust Bond material  at $1.72 per gallon.   Marl Schwab moved to purchase 2 thousand gallons of dust bond. Mark Hickey second. Roll call, all yes.

Trustees spoke to Kenneth Webb regarding his application. He can work 40 hrs. Per week but has no CDL license. However he is willing to get the CDL is asked to do so.  Mark Hickey posed $9.00 per hour. Kenneth asked for $10.00.  Mark Hickey moved to hire Kenneth Webb at $10.00 per hour with a 30-day review. Duane second. Roll call, all yes.  Kenneth is to star work Monday September 23, 2007.

Mark Schwab moved to adjourn the meeting. Mark Hickey second. Roll call, all yes.

Meeting was adjourned at 10:35 PM

Respectfully submitted by Janice K. Steele on behalf of
Fiscal Officer Susan Denbow

SULLIVAN TOWNSHIP TRUSTEES
REGULAR BUSINESS MEETING
September 17th, 2007

Trustee_________________________ Trustee__________________________

Trustee_________________________ Fiscal Officer_____________________