Pike Township Trustees Regular

Monday, November 6^th- 2006

Regular Meeting

President Lee Strad called the meeting to order at 7:30 p.m. Trustees Bob Anstine and Doug Baum were present as well as Clerk Steve Knox. Others in attendance were Mark Pahanish, Nancy Collier, Paula Johnsen, Dave Collier, Joe Barnes, Don George, Nancy Cramer, Clarence Flowers, David Ross, Wayne Wood, Gary Alkire, Jerry Eibel, Ron Katt, Linda Zaleski, Alison Roberts, Louis & Violet Grooms, Alison Roberts, Rosanna Nulstix, and Sharon Perrine.

A motion was made by Anstine to accept the minutes and financials as presented. Seconded by Baum.

Roll Call Vote: Baum – Yes

Anstine – Yes

Strad - Yes

1^st Public Speaks Session

Wayne Wood, who was representing a group of residents that are against the annexation of their properties by East Sparta Village, would greatly appreciate any help from the Trustees in this fight. Represented were Dr. Nicolleti and his sister, also Dr. Nicolleti, Don George, the owner of Don & Mary’s Restaurant, as well as Wayne Wood.

Mr. Hall stated that we as a Board can challenge the annexation and he can do that as our attorney. He also stated that the landowners have the right to find their own attorney to fight the annexation as well. Unfortunately, he would not be able to represent them as it would be a conflict to his representing the Township.

Strad stated that the Board is in agreement that they do not want to be annexed based on the residents’ wishes in this matter. Mr. Wood signed the agreement in 1987 on 3.5 acres of land but now owns approximately 55 acres. Mr. Hall stated that there are new regulations that the signatures now have to be less than 180 days old, as well as stating how the Village can boot strap the extra 40 some acres to the signature that was only for the 3.5 acres.

Also, the landowners that signed can change their mind on the petition if they wish to.

Lastly, this is not 100% annexation. The commissioners have to agree that the annexation is in the best interest of the community, and he doesn’t think that can be met.

Strad stated that what they are doing is they have 7 individuals and 4 signatures which could possibly force the other three in. Unfortunately, one is the mayor of East Sparta representing the Park Board, Kevin Greer from the Bank of Magnolia, the Rail Road, and the East Sparta ceramic tile company who owns a piece of land within the requested annexation. There are 4 signatures, 2 of which are non-residents, and one is the mayor of East Sparta representing the Park Board.

Also, there is a prorating of CETA, when the village annexes the land, the Village must pay on an annual basis a pro-rated amount for a period up to 12 years.

Their attorney would like to meet with our attorney to meet and form a CETA agreement or some other kind of agreement. The question still becomes, what benefit does this have to the community if it is annexed.

Strad stated that the Board is going to fight the annexation, but would like to meet with the Village along with the residents that are against it, and discuss how this should be worked out. Mr. Hall will see if he can set up a meeting between the Village, the Trustees, and the residents in question.

Don asked if they are allowed to threaten the residents. Mr. Hall said that no, that is not allowed. Dr. Nicolleti did not sign the agreement and the Mayor is still saying that they have his father’s signature.

Can the village shut off the water to the residents? Mr. hall stated yes, but it would be a real hassle for them to get that done. Can there be different rate structure? Absolutely, but there has to be some rationale to the amount that is charged.

Dr. Nicolleti asked how the Mayor, on behalf of the Board, can have the right to vote since she is the one wanting the annexation. Mr. Hall said that it is legal, because the Park Board are like tenants of the Village, thus the Village gets the vote.

Dr. Nicolleti stated that Mayor Truax said something about hooking up to the Tuscarawas water line and then there would be assessments on putting the pipe through the frontage of all of their properties. The Village is saying that there would be cost, but Strad heard that there wouldn’t be a cost, but went on to state that would have to be investigated by the Water Board at the Village.

Strad stated that there is an auction that needs to be done and Anstine will be the auctioneer. Mr. Hall stated that Board of Trustees has a .24 acre parcel of land on Haut street that is useless to them. The property was initially deeded for a school house, and then given back to Pike Township thus they are now putting the piece of land up for auction. Also, the Trustees can accept or reject any and all bids with the bidding starting at $1.00.

Mr. Anstine started the auction at $1.00. After a few bids, Nancy Cramer won the bidding at $10.00. A motion was made by Anstine to accept the $10.00 for the parcel in question. Seconded by Strad.

Roll Call Vote: Strad – Yes

Anstine – Yes

Baum – Yes

Alison asked if there was any word on the hazardous waste dumped at the landfill. She also asked if there was any update on the ramp being put in. Strad stated that as of right now, there is no update on the ramp due to ERAC decision that is still pending.

Louis asked if they have the write-up on the fire issue, and if it talks about ambulance service. Strad said yes, but it is from the late 60’s when ambulance was included with the fire department, but it is just for Fire Coverage only.

Paula stated that she was here on behalf of the Girl Scouts, and is asking to use the parking lot to have two semis drop off cookies in February on a Saturday. The Trustees said that would be fine.

Clarence asked about the 300,000 tons of aluminum and whether it was legal, and it seems like a lot of tankers are going to the landfill lately.

The Trustees answered the first question by stating that it was approved by the EPA to go in when it did. Also, they are taking leachaid off of the site with the tankers to the Alliance City municipal water plant.

David Ross went to the landfill and took a tour. He stated that it did smell where they were dumping directly, but it did seem like they are working very hard on the problem.

New Business

Baum stated that he went to the Club 3000 meeting. There will also be an informative meeting on November 16^th at 6:30 at Faircrest School and he thinks that the Board should pay both the Zoning Commission as well as the Zoning Board of Appeals to attend.

Baum asked Alison how the smell has been lately. Alison stated that there is still an odor, but it has been on and off. She went on to state that it has taken almost two years to fix and asked what will happen when it occurs again.

Anstine made a motion to go into executive session for personnel with Township Attorney Harley Kastner. Seconded by Baum.

Roll Call Vote: Baum – Yes

Strad – Yes

Anstine -Yes

A motion was made by Anstine to adjourn executive session. Seconded by Baum.

Strad stated that the Fire Station is ready for the election but could use a few more lights.

A motion was made by Anstine to go into executive session for personnel. Seconded by Baum.

A motion was made by Anstine to adjourn executive session. Seconded by Baum.

Old Business

Nothing at this time.

Financial Report

Linda Zaleski thought it would be good to place the annual financial report on the Township website.

The Trustees agreed to offer a $15,000 retainer to Hall Law Firm for 2007 paid in monthly installments. This would cover everything except court costs and miscellaneous expenses.

Zoning Report

Nothing at this time.

Road Report

Pahanish read the road report.

Berming on Briggle and Riceford.

Picked up trash and tires.

Dust oiled Keifer and a few other roads.

Anstine said on Brinker and Seamen there is a lot of loose gravel and probably needs swept.

Public Speaks Session

Nothing at this time.