MAY REGULAR MTG. 2012
BOARD OF MUSKINGUM TOWNSHIP TRUSTEES
DATE: May 3, 2012
PURPOSE OF MEETING: Regular Meeting.
OPENING: The Muskingum Township Trustees met in regular session on May 3, 2012 at 7:00 p.m. in the Fire Building. All trustees and fiscal officer were present. There were 9 residents present.
The minutes were read and approved.
Checks were approved and signed for payment.
Maniaci opened for old business.
Mrs. Sellars stated her research shows McCaslin Road previously was named route 1 and around 1974 or 1975 was changed to McCaslin Road. She provided a picture from Doug Davis that showed the road identified as McCaslin Road and not Woods Road. Mrs. Sellars also presented trustees with maps for their use. According to Doug Davis when the document was signed to change the name of the road to McCaslin it null-an-voided any previous document and road name.
Fusner stated the map presented by Mrs. Sellars was before GPS which was before 1975 and wouldn’t show the road as being Woods Road. Fusner stated he needs to get with Doug Davis about this so he can follow-up with Darryl Woods and let him know about the road name change issue.
Maniaci stated Fusner has done research on this and the prosecuting attorney stated that it is up to county engineer as to what the name of the road is since the county owns it and not the residents, post office or Muskingum Township Trustees. We (the trustees) have no say in the name. The county owns the roads and passes the roads to us (the township) to maintain them.
Hittle stated that he spoke with Mr. Benson and Mr. Benson wanted to let the trustees know he had a medical emergency to attend to and would not be able to attend this evenings meeting for follow-up to the April 5 meeting regarding issues surrounding Falls Township Fire Chief Mr. JD Johnson.
Maniaci stated he reported what was discussed at our April 5 meeting regarding Mr. Benson’s information regarding Mr. JD Johnson circumstances with Falls Township Board and they informed Maniaci that they are looking into this and has put Mr. JD Johnson on administrative leave without pay until a decision is made on what they will do about Mr. JD Johnson. A decision could be made by end of this month.
Maniaci introduced Michael Moses, Mr. JD Johnson’s attorney.
Mr. Moses stated that he represents Mr. Johnson and they are waiting on scheduling a hearing in front of Falls Township Fire Department and hopes to dispose of all the allegations. Mr. Moses is aware of our contract with Falls Township and our interest and offered to come back to the next meeting and report the outcome and resolutions decided. He will also copy Maniaci on any correspondence regarding Mr. JD Johnson.
Fusner stated in regards to Vista View Market, it has no food inside the premises. Jason Tilton from the Health Department visited Vista View Market and stated he has no jurisdiction with this building. Fusner stated we will proceed with the abatement notice. The owner is Vista View Drive Drive-Thru, LLC. The taxpayer is Todd Kaib and we will address the letter to him about the building and nuisance law. Fusner stated that Mr. Kaib is $61,484 behind in his taxes and we need to decide if the township wants to pursue this property with thousands of dollars without being able to recoup any back.
Fusner presented three (3) resolutions referencing ORC 505.87, Abatement, Control, or Removal of Vegetation, Garbage, Refuse and other Debris. The owners be and hereby are Ordered to abate such nuisance by removal of such vegetation, garbage, refuse and other debris on the property and if no compliance within seven (7) days after notice is given, this board will provide for abatement of the nuisance in accordance with Section 505.87 and 3767.41 of ORC.
Todd Kaib, property known as 5935 Frazeysburg Road, Nashport, Ohio.
Daniel Todd, property known as 8550 Frazeysburg Road, Dresden, Ohio.
James Dunn, property known as Lots 23, 24, 26 Vista View Drive, Nashport, Ohio.
Maniaci read the resolutions and made motion to accept all three (3) resolutions 5-3-2012A, 5-3-2012B, 5-3-2012C. Hittle seconded. Roll Call: Maniaci ayed, Fusner ayed, Hittle ayed.
Fusner stated as for junk motor vehicles, per the prosecuting attorney he has to contact Muskingum County Sheriff regarding properties with junk cars.
Fusner stated while the Sheriff is looking into the above mentioned properties he will have the Sheriff look into other such properties with junk cars; 6415 McCaslin and 6240 Rollins Drive.
Mrs. Cohagen asked about follow-up regarding Mr. Hallack property.
Fusner stated beside the notices sent to Mr. Hallack he is holding off any further action until he can get with the Sheriff on the other properties mentioned above and will address all the properties and resolutions all at once.
Maniaci asked Hittle about an estimate from Hittle roofing on salt bin roof. No estimate was given to date. Maniaci did get estimate from Camm Construction, 18 sqf metal roof replacement, all felt, drip, disposal and accessories for $4,670. The original estimate for an asphalt roof previously quoted was $4,800.
Maniaci made motion to accept Camm Construction bid for salt bin steel roof replacement. Fusner seconded. Roll Call: Maniaci ayed, Fusner ayed, Hittle ayed.
Maniaci gave an update on the accident involving township truck earlier this year, the girl went to court and denied claim, plead not guilty. Maniaci stated he talked with prosecuting attorney lawyers and they are trying to get back our deductible. The truck has been repaired. John Weyer did the body work costing us $700.
Maniaci discussed North Vista View Drive and indicated he talked with Jim Lepi and Lepi is in favor of doing something with this road. Jim Lepi would like to do the repairs but wants to be fair about it as he is concerned that one owner can’t pay the taxes on this repair.
Mrs. Cohagen asked Maniaci how we would take over North Vista View Drive without the same specification with every other subdivision. Maniaci stated that the township would not take it over without same specifications and Mr. Lepi understands that the township could not take it over without these same specifications. Maniaci said Mr. Lepi would like to look into some other ways to take care of this road other than assessing taxes.
Maniaci stated individual from Terry Asphalt could not come to meeting and has no report on when he would be attending.
Maniaci stated that township needs to get our Fiscal Officer, Jason Baughman on the banks signature card and a resolution authorizing Jason as a check signer. Maniaci made resolution to add Jason Baughman to signature card and presented signature cards for trustees to sign. Fusner seconded. Roll Call: Maniaci ayed, Fusner ayed, Hittle ayed.
Maniaci read the fire report for March:
0 Fire Emergency ART(avg. response time) 00:00 minutes
0 Non Emergency ART 00:00 minutes
20 EMS runs ART 7:38 minutes
Maniaci asked the trustees if they had chance to read permit deal with the county engineer. Maniaci stated the state is trying to pass a Road Use Agreement. The Road Use Agreement is for protection from the heavy equipment traveling on our township roads due to the shale drilling. If the state passes this before we sign ours with the county our township will have to file with the state.
Mr. Forrest Mendenhall asked the trustees if there has been any discussion in any of these shale meetings about bonding of our township roads for the use of the heavy equipment used on the roads. He had not heard anything about bonding in Ohio, only Pennsylvania. The bonds provide that these companies that use these roads will maintain and repair back to original these roads that have been specifically bonded.
Maniaci stated that the Road Use Agreement is not exactly a bond but a similar agreement with the county engineer to perform the work repair on our township roads from the use of heavy equipment on our roads. The engineer would get the money from these repairs and our roads would be restored back to original.
Mr. Mendenhall stated we (township) may be selling ourselves out by contracting with the county engineer. He referenced Pennsylvania townships as an example, townships that did their own repair work worked out better than letting someone else take care of their own roads.
Fusner stated that the Ohio Township Association was working on something regarding these agreements and he would have to ask our Secretary Connie Fink about this as they represent the county township.
Maniaci stated that the trustees meetings with the county engineer led us to believe Pennsylvania was a nightmare and learned the hard way as many roads did not get put back together due to not having an agreement in place.
Hittle stated that the county engineer wants an agreement in place so the townships don’t get left high and dry on these repairs.
Maniaci stated the county engineer agreement would allow to forgo a permit fee and for the county engineer to come out and inspect township roads, take pictures and rate the roads before any truck is traveled on the township roads. The agreement would also call for the roads to be put exactly back to the way it was before these trucks started traveling these roads. The money would go to the county engineer but the money would also go toward the specific township road the trucks are traveling and need of repair.
Mr. Mendenhall stated that if these roads were bonded, this would leave the county engineer out of this and call for these companies to have the road repair work done on their own dollars and not the taxpayer’s tax dollars. Mr. Mendenhall questioned the county ability to repair our township roads and referenced the problems our county has had with repairing North Point Road.
Mrs. Cohagen stated that another issue to take into consideration is the past flooding our township had with flooding on Tunis Road.
Mr. Jerry Miller stated that in regards to the county engineer road inspection and the pictures, it is the township trustees to go out and inspect and take pictures of the township roads and not the county engineer. As soon as this agreement is signed with county engineer this puts all responsibility on the county engineer and the townships will be left with no say.
Maniaci stated that trustees would hold off and table signing of any agreement until a later date.
Maniaci provided update that the culvert on Gorsuch Road has been taken care of.
Maniaci stated more research was needed on the Oakwood North project.
Mr. Cohagen asked about the minutes on the web site not all being available. Maniaci stated he would take care of.
Mr. Cohagen asked about the bids on the sale of trucks. Maniaci stated they have not been posted but would be by the June meeting.
Fusner stated that when researching the Ohio Revised Code on nuisance laws he notice Union Township had a township policy on junk motor vehicles and recommended that this may be something we may want to look into with our township.
Maniaci opened for new business.
Mrs. Cohagen asked about the insurance premium and if it is included on the federal tax reports and asked if it is required to be reported as taxable income or should be reported. The Fiscal Officer Baughman stated he will look into this and report back.
Mrs. Cohagen asked Mr. Hittle about his campaign and him stating he would not sign up for the township health insurance. She asked if he was taking the insurance. Mr. Hittle responded as no he is not signed up for the insurance as promised.
Maniaci discussed a state cooperative purchasing program and recommended being a part of this program. Maniaci made resolution authorizing political subdivision to participate in the State of Ohio cooperative purchasing program. Fusner seconded. Roll Call: Maniaci ayed, Fusner ayed, Hittle ayed.
Maniaci read a letter from Hei-Way, LLC. Cold Mix Company thanking us for our purchase of cold mix.
Maniaci stated letter was received from Ohio Division of Liquor Control regarding Vista View Golf Course enhancing their liquor license and the letter basically ask if we want a hearing on this request from Vista View Golf for their liquor license enhancement.
Maniaci made motion not to object Visa View Golf Course enhancement and no need for any hearing. Fusner seconded. Roll Call: Maniaci ayed, Fusner ayed, Hittle ayed.
Maniaci stated that due to mild winter we have a bin full of salt and still haven’t purchased all the salt we are suppose to. We have one truck load of salt remaining to purchase. We can pay $5 per ton, 23 tons, or $115 and we can store the salt at the vendor until December 31, 2012. Maniaci made motion to accept the $115 storage fee. Hittle seconded. Roll Call: Maniaci ayed, Fusner ayed, Hittle ayed.
Fusner asked about discussing chip-n-seal of roads.
Mrs. Cohagen stated that another base might be good to get ahead for next year.
Maniaci stated that last year we chip-n-sealed the following roads: Fawn, Squirrel, Dutch School, Stagecoach, Prior, Beech Run, Dresden, Jones and Kenlo Woods. Roads not done were: Chugg, McCaslin, New Riley, Fulton, and Schneider. Paved roads done were: Carnation, Wilson and part of Gorsuch.
Maniaci stated we would be paving part of McCaslin and recommended that McCaslin should be part of chip-n-seal also.
Fusner stated Kenlo Woods has always held well and Maniaci recommended we could take Kenlo Woods off list for chip-n-seal this year.
Mrs. Cohagen asked if we were any longer in the fire business and if we were responsible for anything other than securing a fire contract. Maniaci stated we are responsible for making sure Falls carries out the contract. Mrs. Cohagen stated that the discussion we have had at this evenings meeting is how our meetings should be carried out. As for future discussions regarding the fire department, she asked and recommended trustees to refer those residents insisting to discuss fire department issues to take it up with Falls Township’s Board who we have a contract with to handle fire department issues.
Mrs. Cohagen stated we are the fastest growing township in our community and asked about getting up a zoning committee. Fusner stated he would like to get one started soon and also we need to address township clean-up.
Mrs. Sellars stated that when a resident comes to a meeting to talk to the trustees they should have a right to talk without being thrown out to another board and have right to ask questions and voice their opinions. Fusner agreed and Maniaci stated this is why we let the residents talk.
Fusner discussed a call from a resident in Saddlebrook about the stones at the end of route 60. Fusner called Matt at county engineer and they said it was their stones and cinders but it’s a state road and not county’s responsibility.
Maniaci moved to adjourn. Seconded by Hittle. All ayed.
Jason T. Baughman, FISCAL OFFICER