Muskingum Township
Muskingum County, Ohio

APRIL 2012





DATE: April 5, 2012


PURPOSE OF MEETING: Regular Meeting.


OPENING: The Muskingum Township Trustees met in regular session on April 5, 2012 at 7:00 p.m. in the Fire Building.  All trustees and fiscal officer were present.  There were 8 residents present.


The minutes were read and approved.

Checks were approved and signed for payment.


Bids for gravel and limestone were opened. 1 bid received from Shelly Materials. $19.35 per ton for limestone and $13.75 per ton for gravel. Difference in cost based on 1200 tons bid was $5.60 per ton or $6,700.

Maniaci made a motion to accept bid for gravel at $13.75 per ton. Fusner seconded. Roll Call: Maniaci ayed, Fusner ayed, Hittle no.


Bids for lawn mowing were opened. 3 bids were received.

Twin Hills Landscaping bid was $3,710, $530 per month for 7 months.  Muskingum River Lawncare, Colbie Kensie, Dresden, Ohio bid was $3,500, $500 per month for 7 months. One bid was thrown out due to not being received in non-sealed envelope as required per bid proposal requirements. Mrs. Sellars ask why trustees weren’t looking at the one bid. Maniaci stated due to not being sealed bid and risk of being tampered with we have to throw it out based on bid proposal requirements. Mrs. Sellars ask if we take the lowest bid. Maniaci indicated we take the lowest and best bid. Hittle made motion to accept the lowest bid. Maniaci second. Roll Call: Maniaci ayed, Fusner ayed, Hittle ayed.


Maniaci opened up for old business. Mrs. Sellars asked if we still have the following Township equipment: International, 1988 Chevy 4x4, 1994 Ford Tanker, 1979 Red Tanker and 2001 Yukon. Maniaci stated we still have this equipment. Mrs. Sellars ask if equipment was kept at Muskingum Township. Maniaci stated equipment is here and Yukon stays mostly at Falls Township.  Fusner said Falls leaves squad at our township. Maniaci said Falls is allowed to use vehicles as they need.


A Female resident asked about clean up of properties and mentioned old shell station and if health department was contacted about the contents still remaining inside. Fusner stated this property was on our list and trustees weren’t aware of the contents still remaining inside.  Mr. Benson stated it was owned now by Huntington Bank. Fusner stated he would follow-up on this property.


Mrs. Cohagen stated property on Creamery Road, owned by Mr. Hallack, was not much better and asked trustees if there was a time frame when property was to be cleaned and suggested another follow-up. Fusner stated next letter will indicate more specific nuisance and cite Ohio revised code pertaining to trash and vehicle clean-up.


Mrs. Cohagen asked about property next to Green Tea Room. Fusner stated prosecuting attorney recommended trustees contact sheriff’s department regarding removal of vehicles. Mrs. Cohagen also referred to the property South of Bogeys for clean-up.


Mrs. Cohagen asked about the salt bin roof repair. Maniaci stated insurance looked at it and we received the check. Maniaci has received one bid from Chris Mitchell, Camm Construction Services. The roof has 3 tab shingles, which are not the best and Camm recommended 3 dimensional shingles which are better. Bid was for $4,800. Mrs. Cohagen asked about getting bids for steel roof vs. asphalt shingles. Fusner stated Higgins previously talked us out of the steel vs. asphalt due to the sweating and salt. Maniaci stated we can look more into the asphalt shingles vs. the steel roof before decision is made.


Mrs. Cohagen asked about follow-up on the Kenlo woods property damage. Fusner stated he has not followed-up due to not knowing name or address to contact. Mrs. Cohagen stated to contact PUCO to obtain name and address to contact. Fusner stated he would do so.


Mrs. Cohagen asked about insurance claim and estimate on damaged truck from accident. Maniaci stated truck in process of being finished this week. Insurance had obtained 3 estimates which they settled on $3,600 estimate. $700 has been spent so far with this repair and will be finished this weekend.


Mrs. Cohagen asked about culvert on Gorsuch Road. Fusner stated we need to move on this as nothing has been done and Maniaci stated the resident has been given deadline of this meeting to get something done and if it wasn’t the Township would come and take it out for him.


Mrs. Cohagen asked about Brian Williams’s fence issue. Fusner stated Mr. Williams has not contacted him about this to-date. Fusner will get with Mr. Williams on this.


Mrs. Cohagen asked about contacting JD Johnson about fire department rating. Maniaci stated he has contacted JD Johnson and JD indicated Muskingum and Falls Township’s Fire Department are about 1 year apart on how they figure the rating and he is trying to get both somewhere in the middle so he can get both departments rated at same time. No exact time frame was given, maybe within 6-8 months, not guaranteeing it.


Mrs. Cohagen asked about minutes and updated Fiscal Officer Information on web-site. Maniaci said he would work on it this evening.


Mrs. Cohagen asked about Powelson Road. Maniaci stated he talked with Donny and he said it’s not something they are doing this time of year but would make a point when they get their brush out to brush off that corner for him.


Mrs. Cohagen asked about meetings on shale drilling. Mrs. Cohagen stated most township were present except ours. Maniaci stated Muskingum Township Trustees were present at the first meeting they were invited to. Mrs. Cohagen stated each meeting was different. Maniaci stated according to engineer first meeting was for the township officials to get on board and second were for businesses. Fusner stated he was at meeting in St. Clairsvile that was the same as one at welcome center.  Mrs. Cohagen indicated a lot of good information presented about township roads and what county was doing about obtaining good contract and what state wasn’t doing. Fusner stated Ohio Township Association is working on RUMA (Road Use Maintenance Agreement) and everyone is working on putting these contracts together. Hittle stated the meetings were run by Steve Strauss.  Maniaci stated commissioners are not involved with these meetings except for Steve Strauss. Fusner stated our secretary of Township Association is second Vice President of Ohio Township Association and keeps us updated.


Mrs. Cohagen asked about Vista View Road issue. No knowledge of a petition raised to-date. Maniaci stated he has not talked to Lepi but has talked with Dave Smith about it. Maniaci stated he would also try to make contact again. Maniaci said Zemba’s estimate was approx. $110-120K and county’s estimate was approx. $80K without double chip and seal. County revised estimate with asphalt for approx. $100K. Estimates were over year ago and will need to be revised. Maniaci stated a petition has to be obtained with 51% brought to trustees before we can proceed or obtain right-away agreement. Fusner stated South View has been most paved road since he has been trustee and is very bad and continues to roll. Maniaci stated a revised agreement has been received by county engineers with a sample of road repair/maintenance agreement. Maniaci presented it to trustees for review.


Fusner said Micro Seal was not present tonight due to wife illness and would be at May meeting.


Maniaci read letter from Muskingum county engineer’s office regarding Old Stage Coach Road. The letter indicated research regarding Old Stage Coach road has found no established right away with for this road. The existing right away is considered what is necessary to keep the road safe and efficient for the traveling public and does not allow for widening the road. Based on these finding and discussions with Muskingum County prosecutor office the only way to legally widen any portion of this road would be to acquire property or easement from adjoining land owners first. This can be accomplished with an easement document. Maniaci stated we are back to square one and need to talk with property owner who planted trees to chop them down.


Maniaci opened for new business.


Mr. Benson asked about missing equipment discussed in minutes and discussions with JD Johnson. Mr. Benson stated when department was dissolved the doors were locked and changed unbeknownst to the members and does not know what was there or not after the locks were changed. Mr. Benson stated he did not understand why trustees would take Mr. Johnson word and judgment instead of Mr. Benson’s staff regarding the inventory. Maniaci stated it wasn’t judgment. Maniaci stated minutes were meant to portray was a list of gear that we had record of and not accounted for. Maniaci asked Mr. Johnson for a list of inventory recovered and Maniaci compared this to his list of missing equipment. Maniaci stated only the projector and door lock system have not been returned but no gear. Maniaci didn’t ask Mr. Johnson about the projector and door lock and only about the missing gear.


Mr. Benson stated he received some anonymous information about Mr. JD Johnson. Mr. Benson stated Mr. Johnson had been terminated from his position of employment which is a private fire service entity and raises a question about Mr. Johnson receiving our township tax levy money, access to, and how used. Maniaci stated Falls has a board that makes these decisions and votes where money goes. 


Mr. Benson stated he received a phone call from a person from same fire station regarding Mr. Johnson’s termination. Mr. Benson did a Google search on Mr. Johnson to follow-up with this information received. Mr. Benson Google search stated Mr. Johnson had been arrested for indecent exposure in Big Walnut Park in May 2008.

Mr. Benson mentioned that in the past as fire chief he had brought to Muskingum Township two names, Tyler Starling and Mark Lewis, to be approved. Their background check was clean but was denied joining fire department due to attitude and poor disposition.  Mr. Benson asks if any investigation was done with any members of Falls Township fire department employees before contracting with them. Maniaci stated he can only speak for himself and said he did not. Fusner stated he did not. Mr. Benson stated he would have thought the trustees had done due diligence on Mr. Johnson and held Mr. Johnson to same standard as was done with our own members. Mr. Benson offered all paper work he has to trustees and recommended trustees to investigate Mr. Johnson public records and charges.


Mr. Benson stated he contacted trustees’ employers about policy regarding similar circumstances surrounding Mr. Johnson’s termination and employer’s stated circumstances would be grounds on termination. Mr. Maniaci asked Mr. Benson who he spoke to and Mr. Benson said he agreed to anonymity and Maniaci stated Mr. Benson statement is conjecture because Mr. Benson wouldn’t reveal names and no proof of the conversation.


Mrs. Cohagen stated she understand Mr. Benson’s concerns and motivation but doesn’t understand why he is bringing these questions to our trustees when this should be brought to is Falls Township’s Fire Department board who employs Mr. Johnson. Mr. Benson stated he is concerned with our fire levy money of $111K being given to Falls with a man in charge convicted with indecent exposure. Mr. Hittle asked Mr. Benson if Falls Fire Department board have a policy where background checks are done. Mr. Benson did not know. Mr. Maniaci asked Mr. Benson if he would turn his records over to trustees. Mr. Benson stated he found it strange that Mr. Johnson was convicted in 2008 and later terminated in 2012. Mr. Benson asked if trustees would do an investigation and have Mr. Johnson at next meeting for more answers. 


Maniaci said he understand Mr. Benson’s reports in writing however Mr. Benson’s information regarding Mr. Johnson’s termination is what he heard from a friend of his in the fire department. No actual proof other than someone else’s word. Mr. Benson said he called human resources of rural metro, out of Tennessee, to confirm Mr. Johnson’s termination.


Maniaci stated the township did not hire JD Johnson personally to run matters but Falls Township Fire Department which is run by a board. Maniaci stated trustees would look into this matter and make a request for Mr. Johnson’s attendance. Hittle stated we can’t guarantee JD Johnson attendance. Maniaci thanked Mr. Benson and said trustees will look into this.


Mrs. Cohagen asked about competitive bidding threshold. Fusner stated this was increased September 2011 to $50K. Fusner said we still should get competitive bids and Maniaci stated we intend to bid strictly to keep amount we pay and get the best service we get.


Fusner indicated Shelly Company gave us estimate last year on McCasslin road and will still honor estimate. Maniaci stated trustees already accepted the bid last year for the $18,960 bid. Maniaci stated he spoke with Kevin West about the alternate bid for Harper Drive. The Harper Drive alternate for $5,400 was not decided at time and still will honor the price. Fusner made motion to accept the Harper Drive alternate bid of $5,400, Hittle second. Roll Call: Maniaci ayed, Fusner ayed, Hittle ayed.


Fusner stated Northern Place, when their ready, one of trustees or Curtis should be present to make sure soft spots are dug out to and taken care of.


Fusner stated he spoke to Rob Thompson about Oakwood 3 getting this done this year. Fusner stated he would follow-up.


Fusner stated the high grass on Vista View drive owned by investments and another letter needs sent identifying nuisance law and Ohio revised code, vehicles 505.871 and 3767.41 for inhabitable places, public menace. They have 7 days to reply before we can decide on mowing. Fusner to get addresses for letters to send.


Fusner stated he received phone call regarding Woods Road. This road was changed to McCasslin road years ago and no one knows why. According to ODOT it should be Woods Road.  Mrs. Sellars ask Fusner about previous discussions with resident not wanting road name changed. Mrs. Sellars stated there is an ORC regarding if one person doesn’t want changed it has to be left alone.  Fusner stated all county maps and on our inventories indicate Woods Road. Bud Chess will let us know about this change and all details that will affect this.


Maniaci read the fire report for March:

2 Fire Emergency   ART(avg. response time)      10:39 minutes

1 Non Emergency    ART                     20:00 minutes

22 EMS runs        ART                     9:45 minutes


Maniaci ask Mr. Benson follow-up question – do you have any idea where projector is? Mr. Benson stated he did not know. Maniaci stated sheriff will probably pursue the missing inventory.


Mr. Benson asked about Yukon being used by Falls Township. Is there any discretion on how they can use it since it was purchased by our township funds? Mr. Benson said he has seen it at Buffalo Wild Wings, West Pike McDonalds and all over their township. Mr. Benson stated it was purchased for our township and not Falls Township. Maniaci stated Falls is a subcontractor of our township. Mr. Benson asked for our township to contact Falls to be more discretionary about the use of our township’s vehicles and hold them to a higher standard. Maniaci stated Falls Township’s jurisdiction is Falls and Muskingum Township but would address Falls Township about the use of the vehicles when asking them about previously discussed issues.


Maniaci discussed the 1994 Ford Tanker and the 1988 GMC Rescue that were not in use and hasn’t been used since Falls took over Fire Department and proposes to offer them up for sealed bids.  Fusner stated they are costing Township more in insurance than they’re worth. A male resident ask if we sold these would we replace them. Maniaci stated Falls will replace the tanker with another squad in our building. A male resident asked about the staffing Muskingum fire station because Falls Township response time was 9:45 minutes roughly and Muskingum Township previous was 8:18 minutes roughly. Maniaci and Fusner stated maybe down the road but there is not enough runs to warrant more staff paid to be in here on regular basis. Maniaci stated that fire districts are becoming more prevalent and more economical and will be coming soon in the near future. Fusner stated that other Townships are dealing with unemployment issues with a partial paid Fire Department staff. 


Maniaci made a resolution, in accordance with ORC 505.10, resolution 4-2012 to put up for bid and accept sealed bids for the 1994 Ford Tanker and 1988 GMC Rescue due to vehicle no longer useful to Muskingum Township, Muskingum County of Ohio.  Sealed bids will be advertised in Zanesville Times Recorder and Township website and any other means available to get the best bids possible. Hittle advised to add a reserve or an accept or reject clause to any and all bids to protect the Township on the bids.  Fusner second. Roll Call: Maniaci ayed, Fusner ayed, Hittle ayed.


Maniaci asked Mr. Benson about a particular avenue to bid these vehicles. Mr. Benson stated local newspaper and recommended Ebay. Ebay would involve additional fees and cautioned about making sure equipment is specific to what we are bidding out with the truck, and no warranty implied.


Maniaci moved to adjourn.  Seconded by Fusner.  All ayed.






                          Jason T. Baughman, FISCAL OFFICER