Mr. Litch, Yes. Mr. Simon, Yes. Mrs. Stoyak, Yes. Seconded by Mr. Simon. Motion Carried
* * * *
The Board of Liberty Township Trustees met in a Regular Session on March 16, 2009 at 7:00 p.m. at the township Administration Building with the following members present: Mr. Jack Simon, Mrs. Jodi K. Stoyak, and Chairperson Mr. W. Gary Litch presiding.
The Board asked for a moment of silence in memory of Orlando Dillullo, Police Chief from 1980 through 1990, who passed away recently.
Motion made by Mr. Litch to approve the minutes of the February 9, 2009 Regular Meeting and the February 19, 2009 Special Meeting.
Mr. Litch, Yes. Mr. Simon, Yes. Mrs. Stoyak, Yes. Seconded by Mr. Simon. Motion carried.
Motion made by Mrs. Stoyak to approve warrant expenditures for the month of February 2009 in the amount of $ 635,214.83 warrants #29799 through #30156 inclusive.
Mrs. Stoyak, Yes. Mr. Simon, Yes. Mr. Litch, Yes. Seconded by Mr. Simon. Motion carried.
09-53 Motion made by Mr. Litch to advance from the General Fund to the Road Department Fund $5,000.00.
Mr. Litch, Yes. Mrs. Stoyak, Yes. Mr. Simon, Yes. Seconded by Mrs. Stoyak. Motion carried.
09-54 Motion made by Mrs. Stoyak to advance from the General Fund to the Police Fund $10,000.00.
Mrs. Stoyak, Yes. Mr. Simon, Yes. Mr. Litch, NO. Seconded by Mr. Simon. Motion carried.
09-55 Motion made by Mrs. Stoyak to approve fund balance adjustments on 2/9/09 and 2/27/09 from the Police Fund to the Enforcement and Education Fund (School Resource Officer) in the amount of $5,000.00 each.
Mrs. Stoyak, Yes. Mr. Simon, Yes. Mr. Litch, Yes. Seconded by Mr. Simon. Motion carried.
09-56 Motion made by Mr. Simon to approve fund balance adjustment from the Fire Fund to the Police Fund for the purchase of police car in an amount of $5,000.00.
Mr. Simon, Yes. Mrs. Stoyak, Yes. Mr. Litch, Yes. Seconded by Mrs. Stoyak. Motion carried.
09-57 Motion made by Mrs. Stoyak to approve fund balance adjustment from the Police Fund to the General Fund $28,951.05 for the calculated earnings to PERS.
Mrs. Stoyak, Yes. Mr. Simon, Yes. Mr. Litch, Yes. Seconded by Mr. Simon. Motion carried.
09-58 Motion made by Mr. Simon to adopt the following appropriations for the year 2009:
GENERAL FUND$ 1,223,854.00
MOTOR VEHICLE LICENSE TAX FUND$ 116,549.00
GASOLINE TAX FUND$ 127,056.00
ROAD AND BRIDGE FUND$ 482,948.00
CEMETERY FUND$ 17,993.00
LIGHTING ASSESSMENT FUND$ 38,626 .00
POLICE DISTRICT FUND$ 2,426,889.00
FIRE DISTRICT FUND$ 2,250,796.00
911 FUND$ 284,918.00
C.O.P.S. GRANT FUND$ 0.00
C.O.P.S./PUBLIC SAFETY FUND$ 982.00
GENERAL BOND FUND$ 400,000.00
DRUG LAW ENFORCEMENT FUND$ 21,089.00
FEDERAL LAW ENFORCEMENT FUND$ 0.00
PERMANENT IMPROVEMENT FUND$ 5,031 .00
CAPITOL EQUIPMENT FUND$ 0.00
AMBULANCE & EMERGENCY MEDICAL FUND$ 257,756.00
PUBLIC WORKS COMMISSION (ISSUE II)$ 4,316.00
LAW ENFORCEMENT TRUST FUND$ 7,203.00
ENFORCEMENT & EDUCATION FUND$ 9,842.00
INTERNAL SERVICE$ 0.00
TOTAL $ 7,675,848.00
Mr. Simon, Yes. Mrs. Stoyak, Yes. Mr. Litch, Yes. Seconded by Mrs. Stoyak. Motion carried.
09-59 Motion made by Mrs. Stoyak to reinstate Michael Hagood, part time volunteer, for the fire department effective 3-16-09.
Mrs. Stoyak, Yes. Mr. Simon, Yes. Mr. Litch, Yes. Seconded by Mr. Simon. Motion carried.
09-60 Motion made by Mr. Simon to promote Sergeant Steve Shimko to the rank of Captain effective March 16, 2009.
Mr. Litch, Yes. Mr. Simon, Yes. Mrs. Stoyak, Yes. Seconded by Mr. Simon. Motion carried.
09-61 Motion made by Mrs. Stoyak to pass the following resolution to support a wellness initiative:
Whereas, Optimal Heath, a community health business, is establishing a wellness initiative to promote a healthier Liberty Township: and
Whereas, the initiative solicits the involvement of liberty township residents, businesses and public agencies, to promote and participate in community activities designed to educate citizens about nutrition, exercise and disease prevention; now therefore;
BE IT RESOLVED, that the Board of Trustees offers this resolution of support of Optimal Health’s initiative to promote a healthier Liberty Township.
Mrs. Stoyak, Yes. Mr. Simon, Yes. Mr. Litch, Yes. Seconded by Mr. Simon. Motion carried.
09-62 Motion made by Mrs. Stoyak to pass the following resolution on spending of Federal Economic Renewal Grants:
WHEREAS, the economic downturn is having a critical impact on everyday Americans who are struggling to maintain or find jobs in an increasingly difficult environment, and
WHEREAS, those same Americans are the taxpayers that provide the revenue needed to operate essential government services, and
WHEREAS, Congress approved and President Obama signed into law a taxpayer-sponsored economic recovery package that will provide billions of dollars to help economically devastated cities and states immediately provide jobs to millions of out-of-work Americans through considerable infrastructure rebuilding, green energy projects and other projects that will require manufactured components, and
WHEREAS, our taxpayer dollars should be spent to maximize the creation of American jobs and restoring the economic vitality of our communities, and
WHEREAS, any domestically produced products that are purchased with economic recovery plan monies will immediately help struggling American families and will help stabilize our greater economy, and
WHEREAS, any economic recovery plan spending should – to every extent possible – include and commitment from Liberty Township to buy materials, goods, and services for projects from companies that are produced within the United States, thus employing the very workers that pay the taxes for the economic recovery plan spending in the first place.
THEREFORE, BE IT RESOLVED THAT, we the undersigned will work to maximize the creation of American jobs and restoring economic growth and opportunity by spending economic recovery plan funds on products and services that both create jobs and help keep Americans employed.
BE IT FURTHER RESOLVED THAT, we commit to purchasing only products and services that are made or performed in the United States of America whenever and wherever possible with any economic recovery monies provided to Liberty Township by the American taxpayers, AND
BE IT FURTHER RESOLVED THAT, as legislators of Liberty Township, we commit to publish any request to waive these procurement properties so as to give American workers and producers the opportunity to identify and provide the American products and services that will maximize the success of our nation’s economic recovery program.
Mrs. Stoyak, Yes. Mr. Simon, Yes. Mr. Litch, Yes. Seconded by Mr. Simon. Motion carried.
09-63 Motion made by Mrs. Stoyak to pass the following resolution to announce availability of contract for professional design services:
RESOLVED, The Board of Trustees announces the availability of a Contract for Professional Design Services for the construct of a new central fire station:
BE IT FURTER RESOLVED, that the Township Fiscal Officer provide legal notice and advertisement of the same in accordance with Section §153.67 of the Ohio Revised;
1) To all design firms that have a statement of qualifications on file with the township or a letter requesting such notification;
2) Advertisement in one or more local trade and or local professional association journals or publications (i.e., Architect Association, Home Builders, Contractors, Landscaping, etc.)
3) Advertisement in one or more local newspapers of general circulation.
Mrs. Stoyak, Yes. Mr. Simon, Yes. Mr. Litch, Yes. Seconded by Mr. Simon. Motion carried.
09-64 Motion made by Mr. Simon to pass the following resolution:
BE IT RESOLVED, that the Board of Trustees hereby determines that the owner’s maintenance of vegetation, garbage, refuse and other debris upon the following properties constitutes a nuisance:
ADDRESSPARCEL NUMBER
4802 Greenbrier12-269702
5222 Logan Arms12-027650
3400 Fifth Ave12-237700
3450 Fifth Ave12-455305
3496 Fifth Ave12-168600
3510 Fifth Ave12-072500
1100 Academy12-002225
5229 Logan Arms12-246100
519 Montrose12-597200
3860 Northlawn12-489925
3405 Cardinal12-006000
615 Underwood12-086350
BE IT FURTHER RESOLVED, that notice of this Board’s intent to provide for the abatement, control or removal of said vegetation, garbage, refuse or other debris constituting said nuisance be given to all owners of the land and holders of liens of record upon said land in accordance with Section 505.87 (B) O.R.C.; and
BE IT FURTHER RESOLVED, that upon proper notice, and failure of the property owner to abate said nuisance within seven days, the Board of Trustees provide for the abatement, control or removal of said vegetation, garbage, refuse or other debris constituting said nuisance in accordance with Section 505.87 (B) O.R.C.
Mr. Simon, Yes. Mrs. Stoyak, Yes. Mr. Litch, Yes. Seconded by Mrs. Stoyak. Motion carried.
09-65 Motion made by Mrs. Stoyak to pass the following resolution:
BE IT RESOLVED, that the structure(s) located on the following premise(s), being previously inspected and declared insecure, unsafe, and structurally defective and unfit for human habitation by the Fire Chief; be and are hereby are declared insecure, unsafe, structurally defective and unfit for human habitation and is (are) ordered removed;
BE IT FURTHER RESOLVED, that notice of this Board’s intention to remove said structure(s) be given in accordance with Section 505.86 (B) O.R.C.
OwnerProperty Address Auditor’s parcel
Robert R. Morris Beulah P. Morris1741 Harding, Liberty 12-418035
Harold Reese Faith M Reese1541 Edwards St., Girard12-097556
Leonard J Chalker & Margret Chalker1829 Tibbetts Wick Rd. Girard12-085601
Hulda E. Flowers245 Warner Rd., Liberty Twp12-179660
Robert R. Morris J/S Robert R. Morris Jr. 6540 Sodom Hutchings, Girard12-310425
Mrs. Stoyak, Yes. Mr. Simon, Yes. Mr. Litch, Yes. Seconded by Mr. Simon. Motion carried.
09-66 Motion made by Mrs. Stoyak to accept Jason Fenstermaker’s resignation as a part time fire fighter effective 3/12/09.
Mrs. Stoyak, Yes. Mr. Simon, Yes. Mr. Litch, Yes. Seconded by Mr. Simon. Motion carried.
09-67 First reading for the Home Rule Resolution Regulation of Side Walk Repair and Maintenance to be effective thirty (30) days from the date of adoption, upon the First and Second Reading pursuant to Ohio Revised Code Section 504.10 and publication:
WHEREAS, R.C. 504.04(A) authorizes the Township to exercise powers of local self-government within the local police, sanitary, and other similar regulations and;
WHEREAS, R.C. 504.05 authorizes the Township to impose a civil fine up to $1,000 for a violation of a resolution adopted pursuant to R.C. 504.04 et seq., and;
WHEREAS, the Township has an obligation to provide for the general safety, health and welfare of its residents and property, including the repair and maintenance and unobstructed use of public sidewalks within the township;
NOW THEREFORE BE IT RESOLVED that the following regulations for the repair and maintenance of public sidewalks within the unincorporated area of the Liberty Township be and hereby are adopted, pursuant to the authority of the limited self-government of townships (Chapter 504 Ohio Revised Code) and approved upon First and Second readings and Publication and Codification.
SECTION1: REPAIR AND MAINTENANCE OF SIDE WALKS
No owner or leaseholder of real property abutting, adjacent to, or upon which any public sidewalk exists, shall fail to keep the sidewalks in good and safe repair, and free from defect, hazard or nuisance, including but not limited to cracking, upheaval, the removal of snow, ice or any obstruction or nuisance.
SECTION 2: REMOVE OF SNOW; ICE
A. Said Owner or leaseholder shall remove from such sidewalks all snow and ice accumulated thereon within a reasonable time, not to exceed twenty-four (24) hours after the occurrence of after any storm or snowfall during which the snow or ice has accumulated.
B.No person shall shovel, push or pile snow on the sidewalks, and/or streets in a manner that causes or creates barriers of snow and/or ice impeding passage of pedestrians or vehicular traffic on or across sidewalks, public roads or thoroughfares.
SECTION 3: REMOVAL OF OBSTRUCTION; NUISANCE
No person shall obstruct any sidewalk by placing on, or failing to remove from the side walk abutting their property, or between the side walk and the roadway, any property, object, article substance or condition which impedes pedestrian and vehicular traffic or creates a nuisance, including but not limited to three limbs, landscaping debris, garbage, refuse, excessive vegetation growth or noxious weeds.
SECTION 4: PENALTIES
Whoever violates this resolution is subject to the following civil fines:
a)First Offense$ 50.00
b)Second Offense$ 100.00
c)Third Offense$ 250.00
d)Fourth and subsequent offenses$ 500.00
SECTION 5: EFFECTIVE DATE OF RESOLUITON
This resolution shall be in full force effect 30 days from its date of adoption upon a first and second reading and publication thereof.
09-68 First reading for the following Home Rule Resolution for Regulation of Commercial Timbering to be effective thirty (30) days from the date of adoption, upon a First and Second Reading pursuant to Ohio Revised Code Section 504.10 and publication:
WHEREAS, R.C. 504.04 (A) authorizes the Township to exercise powers of local self government within the local police, sanitary, and other similar regulations and;
WHEREAS, R.C. 504.05 authorizes the Township to impose a civil fine up to $1,000 for a violation of a resolution adopted pursuant to R.C. 504.04 et seq., and;
WHEREAS, the Township has the responsibility, pursuant to R.C. 5535.01 © to maintain all public roads within the township and, pursuant to R.C. 5571.02, to keep such roads in good repair, and;
WHEREAS, commercial timbering of property located in the Township, by nature, is an activity that impacts upon the environment and natural resources within the township;
NOW, THEREFORE BE IT RESOLIVED that the following regulations for the commercial timbering of property in the unincorporated area of the Liberty Township be and hereby are adopted, pursuant to the authority of the limited self-government of township (Chapter 504 Ohio Revised Code) and approved upon First and Second readings and Publication and Codification.
SECTION 1: Timbering Permit
A.No person or entity shall engage in commercial timbering of any real property located in the unincorporated area of Liberty Township without first obtaining a permit from the Code Enforcement Officer.
Any Person or entity shall, before commencing commercial timbering activity shall make application for and obtain a timbering permit.
The Application for permit shall contain the following information:
1.The name, address and telephone number of the person or entity that will be conducting the actual cutting and removal of trees on the property. If said person or entity is a corporation, they shall provide a copy of the certificate of incorporation and proof that the corporation is in good standing with the Ohio Secretary of State; if the person or entity is a partnership, the name and address of at least one general partner or copies of any partnership documentation filed with the Ohio Secretary of State.
2. The name of the owner of record; street address and Trumbull County Auditor’s Permanent Real Estate Parcel ID Number of the property to be timbered.
3. The date of commencement of timbering activities and the estimated completion date.
SECTION 2: TIMBERING OPERATION RULES
A.Permit holders shall daily, remove and clean up any mud and/or debris left on the township roads as a result of the timbering activities, including but not limited to vehicles and equipment traveling on State, County and Township roads and debris on the roads from the timbered property.
B.Timbering activities shall be conducted during the following days and times:
a) Monday through Friday 8:00 AM to 8:00 PM
b) Saturday 8:00 AM to 6:00 PM
c) All timbering is prohibited on Sundays
SECTION 3: COMPLETION OF OPERATINS; RESTORATION OF PROPERTY
A. The permit holder shall complete timbering activities on or before the date of completion as represented and stated in the permit, unless for good cause an extension is applied for and approved by the code enforcement officer.
B.Upon completion of the commercial timbering activities, the permit holder shall remove all cut and downed timber and debris and shall repair all ruts and damage to the property to restore the property to its pre-commercial timbering condition less the timber removed. The permit holder shall contact the code enforcement officer and arrange a meeting with the code enforcement officer on the premise to inspect the property and issue a certificate of compliance of clean up and restoration to the permit holder.
SECTION 4: PENALTIES
Whoever violates this resolution is subject to the following civil fines:
A violation of Section1:
a)First Offense$ 500.00
b)Second and Subsequent Offenses $ 1,000.00
A violation of Sections 2 and 3 per permit;
a)First Offense$ 250.00
b)Second Offense$ 500.00
c)Third Offense $ 750.00
d) Fourth and subsequent offenses$ 1,000.00
SECTION 4: EFFECTIVE DATE OF RESOLUTION
This resolution shall be in full force effect 30 days from its date of adoption upon a first and second reading and publication thereof.
Motion to adjourn at 8:50 p.m. Mr. Simon, Yes. Mrs. Stoyak, Yes. Mr. Litch, Yes. Motion carried.