Minutes: October 28th, 2003

    The Catawba Island Township Trustees held their regular meeting on October 28, 2003 in the conference room at 7:30 p.m. with all three Trustees present; also Pat Cerny, Steve May, Stacey Shoemaker, Monica Schraidt, Bob Snyder, Bill Vandergiessen, Brian Snyder, Jack Madison, Mike Schenk, Ginger Schenk, Holly Larcey, Barry Larcey, Mr. & Mrs. Robert Geiger, Kathy Hablitzel and her two children and Jack Buehrer from the News Herald.  Pat Cerny recorded the minutes due to the absence of the Clerk.

     Chairperson Gary Mortus opened the meeting with the Pledge of Allegiance.   A motion was made by William Rofkar to approve the minutes as submitted and to be posted of the October 14, 2003 meeting; seconded by Robert Schroeder.  All voted aye.  A motion was made by William Rofkar and seconded by Robert Schroeder to pay the bills in the amount of $156,989.02.  Gary Mortus stated a new rescue squad was purchased in the amount of $114,782.50 due to arrive on October 29, 2003.  All voted aye.

1361 Anthem Blue Cross & Blue Shield $9,178.48
1362 Anthem Life Insurance Co. 543.69
1363 Verizon North 532.58
1364 Oliger Seed Company 176.00
1365 Willie’s Sales & Service, Inc. 10.14
1366 Consolidated Plastics Company, Inc. 46.06
1367 Superior Uniform Sales, Inc. 102.60
1368 Robert Rogers 40.41
1369 Horton Emergency Vehicles 114,782.50
1393 ABCO Fire Protection, Inc. 742.45
1394 Columbia Gas of Ohio 773.15
1395 Midwest Radar & Equipment 225.00
1396 Void  
1397 Ohio Public Employees Retirement System 10,105.00

    Correspondence included the OPERS Road Map, State of Ohio Division of Liquor-$2241.44, Tusing Builders introducing their Duro-Last Thermoplastic Roof product, a letter of reesignation from Patrolman Philip Sauvey, Ottawa Soil and Water Conservation District newsletter, Ottawa Regional Planning Commission, Walter Wehenkel recommendation of approval in regard to the Svete Family Limited rezoning  request from the “A” District to the “R-E” District consisting of the estate of Helen Vollmer.

     Bill Vandergiessen stated at a past meeting with George Walls in attendance, who objected to the relocation of the road, Bob Snyder has the documentation of the original letter outlining the relocation of the road and a letter was sent to the Township after a meeting saying they would follow up with any agree-

Ment that George Walls and Catawba Bay had reached.  They have reached an agreement and it is in  writing and is for the Township records.  The ingress and egress issue is solved.  Bill Vandergissen also stated for advice on conduct in the future, he found out when he left the Trustee’s meeting on September 23, there was an anonymous letter that was written into the record in regard to some things that happened at Catawba Bay that were completely without basis and without merit.  Catawba Bay also received the letter and contacted the Army Corp of Engineers and it was verified that there was no violation of any kind.  Bob Snyder stated he would like to have this removed from the records of the Township.  Robert Schroeder stated there is nothing in the record, it just stated a letter was read.  Robert Schroeder also stated he made a special trip to the Prosecutor’s office and he said reading the letter was perfectly legal.  All correspondence that is received by the Township should be read, being anonymous or not.  Gary Mortus  stated it will be taken under advisement and thanked  them for the valid points brought to the Board.

     Stacey Shoemaker and Monica Schraidt were in attendance for a Government assignment and were thanked for their attendance.

     Robert Geiger (3400 Karwood) stated he is here to lodge a complaint against the Catawba Island Club noise levels, particularly in the summer.  He would like to see if anything can be done.  When they  call the CIC, they are told to close their windows.  Gary Mortus stated someone had contacted Todd Bickley of the Ottawa Regional Planning Commission and he sent a note referring to Section 505.172 of the Ohio Revised Code in regard to noise ordinances.  Gary stated the Township cannot pass ordinances, they can only do what the Ohio Revised Code allows them to do.  Barry Larcey (4188 Bliss Drive) a neighbor of the Geigers, stated in his neighborhood they are experiencing this problem also.  This occurs on Friday and  Saturday evenings all summer through October.  What they want is to stop the noise.  Mr. Larcey also stated he has talked to people in the Gem Beach area, the Catawba point area and the Mon Ami area.  The outdoor music has become a popular item in Catawba.  Gary Mortus stated that Danbury Township has also gone through a similar situation and the first thing Gary would suggest is the Trustees would facilitate a meeting with all the interested parties so they could discuss the noise, pro and con, so business and  residential can get along.  Bob Schroeder stated we used to have a problem with Mercurios and the police would take a reading.  Bill Vandergessin stated that  Marblehead did pass specific ordinance levels related to decibels allowed at various times of the day and night.  Bob Schroeder stated that Marblehead is a  village and they can do certain things that we cannot.  Gary Mortus stated we need time to do the research  and time to bring the parties together to discuss this with a certain amount of knowledge.  Holly Larcey stated she has a letter with some of the people that could not come who signed it.  It also includes police reports that go back over the last few years.  She would like to see a ban on outdoor entertainment except on national holidays, and the noise must stop by midnight of that day.  All commercial entertainment must  be enclosed in a building structure, not a plastic tent.  Mike Schenk, manager of the CIC, apologized to the Larceys.  Mr. Schenk stated it was called to his attention that phone calls were received at the front desk but he did not realize it was this frequent.  He knew of the police responding at least twice and on both occasions the band was getting ready to shut down.  It is not the clubs desire to upset their neighbors.  It is something they will definitely go to work on.  He also stated that there were five (5) Fridays that entertainment was booked, not every Friday and Saturday.  The weddings on Saturdays are from the end of May through the middle of October and they are outside.  He has also been in contact with a group that supplies acoustical panels for tents that stops sound.  William Rofkar stated he would like to see a situation where we could get a resolution without formally creating a law that has to be enforced without flexibility..  Holly disagreed and replied there is a family on Catawba that has seven (7) barking dogs.  Two of the neighbors have put their homes up for sale and have moved out because  of the inability to solve the problem.  She asked what would happen if, next summer, there are four other places that go seven nights a week.  Mrs. Larcey also stated she is not trying to pick on any one certain business; in her letter she has not mentioned any names.  Noise pollution is not just outdoor entertainment, it is a home with seven dogs, and  pile driving with new cons-

Truction.  Robert Schroeder stated that Danbury has passed a Resolution and we will look at theirs.  Gary Mortus said we will look at all the avenues available for handling noise.  Kathy Hablitzel stated if you are invited to the party, it is okay, but if you are not invited, it is not okay.  William Rofkar stated tha Marble-

Hear and Danbury Township have been fighting this issue for years and the people are still not happy even though laws have been created.  We are further ahead in trying to work these things out with all concerned.  Gary Mortus remarked it is good to know that CIC has started looking into this matter.  Barry Larcey asked if there could be a Zoning regulation for live entertainment with a band and it would have to be in an enclosed building.  Gary Mortus stated we can tell someone that to build a home it has to be twenty-three (23) feet wide but we cannot temm them it has to have blue shingles on it.  Mr. Larcey stated we will all work together.  There will be a date set for the work session at the next Trustee’s meeting on November 11.  Steve May stated that business owners also have property rights.  They are willing to work with people if the people are willing to work with them.  Jim Stouffer and his family have demonstrated for the past thirty-six (36) years that we do not thumb out nose at our neighbors and we don’t destroy people’s property values and when we know about a problem we try to work toward a reasonable solution.  Gary Mortus stated the businesses on Catawba drive up our property values and we “all have to get along”.  Gary welcomed a representative from the Fremont office of the News Herald.

      Pat Cerny stated the rezoning request for the Vollmer property from the “A” District to the “RE” District that was held on October 22, 2003 will be continued on November 19, 2003.

      Robert Schroeder stated we have a junk vehicle at 3935 Dixie Drive at the Doyle property and a junk vehicle at 1362 North McCloy.  Pat Cerny stated we tried to do something with the McCloy vehicle before but it was a court empounded vehicle.  Gary Mortus made a motion to process the violations and William Rofkar seconded the motion.  All voted aye.  Robert Schroeder stated he talked with the Prosecutor and will be filing a case in Municipal Court for boat storage in the C-3 District on Muggy Road.  Gary Mortus asked if they have applied for another variance.  There has been another application and it will be heard on November 12, 2003.  Bob Snyder aked why he is doing this.  Robert Schroeder replied because his phone rings off the hook in regard to this.  The callers say he is not doing his job.  Bob Snyder stated this has been there forever and we have been through this how many times.  Bob Snyder stated he spent $10,000 in 1999 defending himself on this issue and won it.  Bob Snyder stated they knew at the time he was storing boats and it was never brought up.  Robert Schroeder stated he is just doing his job for the Township.  Bob Snyder stated why not the other C-3 properties that are doing this.  Robert Schroeder stated we are in the process.  Pat Cerny stated the new application for the use variance is for inside and outside storage of recreational vehicles in the C-3 District showing the designated areas.  Gary Mortus stated the answer to all the phone calls is wait until and November 12th and we will pick up the issue again.  We should wait until November 12th as they did pay their fee and wait and see what the Board of Zoning Appeals does.  Robert Schroeder asked if this is for the whole property?  Pat Cerny stated it is just for certain areas.  Bob Snyder asked who is making the calls?  Pat Cerny stated it is John Moore and he has even contacted the Prosecutor

Office in regard to this and tells him we are not doing our job.  Robert Schroeder stated the Trustees advised them to go to the Zoning Commission to change C-3 to allow for this.  Bob Snyder stated he  made a decision to go back to the Board of Zoning Appeals..

    William Rofkar stated we have a letter of resignation from one of the police officers.  Phillip Sauvey will be leaving in November and William would like to advertise for a police officer.  The starting wage would be approximately $15.00 an hour.  William Rofkar made a motion accept his resignation effective November 3, 2003; Robert Schroeder seconded.  All voted aye.  A letter will be sent to Phil Sauvey thanking him for his service.

      Halloween will be 5:30 p.m. to 7:00 p.m. on October 31 with a party for the children following at the Community Hall.

      Gary Mortus would like to stop curb side brush pick-up October 31 until mid-January.  Leaf pick-up is in process.  Brush can still be brought to the compost site.  Robert Schroeder asked if the sign can be changed that says “no brush”.  It will be corrected.  Gary Mortus will contact Jeff Underwood from the Engineer’s office to talk about the dedication of the roads in the Woodlands.  Robert Schroeder thought they did not want to do this any more.  A call will be made to Doug Shealy, the contact person.  William Rofkar made a motion to go into executive session regarding a real estate matter.  Robert Schroeder seconded the motion.  All voted aye.

    A motion was made by William Rofkar and seconded by Robert Schroeder to reconvene to regular session from executive session.

    A motion was made by William Rofkar to adjour and seconded by Robert Schroeder.  All voted aye.


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