Draft Minutes - Richfield Township

4410 W Streetsboro Road
Richfield, Ohio 44286
MEETING HELD AT THE TOWNSHIP ADMINISTRATIVE OFFICES
(The Village’s brick building behind the Village Town Hall)
RICHFIELD TOWNSHIP BOARD OF TRUSTEES
THURSDAY, MAY 21, 2015
6:30 P.M.
The Board of Trustees met for their Regular Meeting and it was called to order by Chairperson
Trustee Ms. Jankura at 6:30 p.m. followed by the Pledge of Allegiance. Roll Call was taken by
Township Administrator Mrs. Mindy Remec.
Roll Call:
Janet Jankura – Chairperson
Jeff Shupe - Vice Chairperson
Robert Luther
Also in Attendance:
Mrs. Mindy Remec, Township Administrator
Ms. Laurie Pinney, Township Fiscal Officer
Jeff Gorman, West Side Leader
Approval of Minutes:
May 7, 2015 Regular Meeting:
Dispensing with the reading of the minutes, there were no additions or corrections offered.
MOTION by: Ms. Jankura and seconded by Mr. Luther to approve the May 7, 2015 Regular Meeting
as presented.
FURTHER DISCUSSION: NONE
MOTION PASSED UNANIMOUSLY: Jankura (Yea), Luther (Yea), Shupe (Yea)
Zoning:
No report.
Regular Meeting
Page 2
May 21, 2015
Fiscal:
No report. The next report is July 16, 2015 that will also include the 2016 budget. The
bond financing documents have been filed and the Township is waiting to receive a date
for the receipt of the money.
Parks and Recreation:
No report.
Roads:
Cost proposals are being pursued for “chip and seal” for Kiowa, Forest Run, and
Hawkins Road with a status report at the June 18, 2015 Trustee Meeting. The salt dome
is still standing and Trustee Mr. Luther stated that it should be down the week of May
25, 2015.
Administration:
Administrator Mrs. Remec stated that the design-build team will be applying for site
and shell permits soon. Soil borings are complete and a report is anticipated shortly.
EPA will be on site inspecting the septic system the week of May 25, 2015. Two
invoices have been received for the pre-construction phase for at total of $11,350.00 that
requires Trustee action.
MOTION by: Ms. Jankura and seconded by Mr. Shupe to approved the payment to Seitz Builders in
the amount of $11,350.00 from the General Fund for pre-construction costs.
FURTHER DISCUSSION: NONE
MOTION PASSED UNANIMOUSLY: Jankura (Yea), Luther (Yea), Shupe (Yea)
The township was in receipt of an invoice from Browse McDowell for Bond Counsel
legal services in the amount of $5000.00 and Trustee action in the form of a motion was
requested by Administrator Mrs. Remec.
MOTION by: Ms. Jankura and seconded by Mr. Shupe to approve the payment to Brouse-McDowell
in the amount of $5,000.00 from the General Fund for bond counsel legal services.
FURTHER DISCUSSION: NONE
MOTION PASSED UNANIMOUSLY: Jankura (Yea), Luther (Yea), Shupe (Yea)
An invoice for the Summit County fuel was received in the amount of $2968.74 and
action via motion was required by the Trustees to authorize payments from Purchase
Orders 50011 and 50062. The program is cost effective for the Township.
Regular Meeting
Page 3
May 21, 2015
MOTION by: Ms. Jankura and seconded by Mr. Shupe to approve the payment to Summit County in
the amount of $2,968.74 Purchase Orders 50011 and 50062.
FURTHER DISCUSSION: NONE
MOTION PASSED UNANIMOUSLY: Jankura (Yea), Luther (Yea), Shupe (Yea)
The annual Farm Bureau membership notice was received for the amount of $88.00. The
Trustees were asked if membership in the bureau was still required. Trustee Mr.
Luther stated that membership in the Farm Bureau was still necessary and required.
MOTION by: Mr. Luther and seconded by Mr. Shupe to approve the payment to Ohio Farm Bureau
in the amount of $88.00 to continue the membership from June, 2015 until June, 2016.
FURTHER DISCUSSION: NONE
MOTION PASSED UNANIMOUSLY: Jankura (Yea), Luther (Yea), Shupe (Yea)
A resident on Far-O-Way Drive requested the use of the Township’s road barricades for a
social gathering on May 30 and May 31, 2015. The Trustees were asked to provide
input regarding the request. Service Department Foreman, Mr. Schall and Trustee
Mr. Luther were in favor of the loan but Trustee Mr. Luther requested that a release
form be provided to the resident for signature to ensure replacement, reimbursement, or
repair of the township property in the event there was damage. Trustees Ms. Jankura
indicated that since there was a release agreement and Trustee Mr. Luther was in
favor, she deferred to Trustee Mr. Luther. No additional comments were provided by
Trustee Mr. Shupe.
Administrator Mrs. Remec will be on vacation and will not be in attendance for the
Regular Trustee Meeting on June 18, 2015. The Administrative Assistant is available to
attend that meeting and handle the Administrator functions. Mrs. Bluso Rogers is “up to
speed” on the Township activities and Mrs. Remec’s absence will be handled. Mrs.
Remec will be checking emails periodically.
Trustee Ms. Jankura stated her desire to have a ceremony that would commemorate the
new building and Trustee Mr. Shupe and Zoning Inspector & Fiscal Officer, Ms.
Pinney readily agreed. Administrator Mrs. Remec was tasked to coordinate that
ceremony once ground breaking was determined.
Old Business:
No old business.
Regular Meeting
Page 4
May 21, 2015
New Business:
RJRD [Richfield Joint Recreation District] Board of Trustee, Mr. Bob Becker Presentation to
Township Board of Trustees:
Trustee Ms. Jankura introduced RJRD Board Trustee Mr. Becker. RJRD Board Trustee
Mr. Becker thanked the Township for the invite and his appointment to the board. Trustee Mr.
Becker stated that the reason for his presentation was to provide feedback as promised since his
appointment.
1. Residential Development in the Northwest Corner of the Property. Trustee Mr. Becker
stated that this area would not be developed as desired by the RTWP Trustees and Zoning
Inspector. Trustee Mr. Becker stated that prior to his appointment this issue was removed
from consideration by the RJRD Board December, 2014. Copies of the RJRD meeting minutes
were distributed to the RTWP Trustees.
To that point, there were also deed restrictions per the Clean Ohio Grant and therefore stating
that this issue is closed and cannot be pursued for future consideration or action reminding the
RTWP Trustees of their interview questions and directives as a RJRD Trustee.
There were no questions or comments from the RTWP Board of Trustees on this issue.
2. RJRD Trustee Mr. Becker provided an update on actions and activities since becoming a
board member. One of the first and immediate action is to ready the property for resident’s
enjoyment once the property is transferred citing a number of work sessions to that end.
3. Funding to purchase the property is underway. The closing date on the property is
approximately the end of June, 2015.
4. RJRD Trustee Mr. Becker’s assignment was to assess the buildings and grounds in
relationship to recreation programs that could be offered to the community. This included
assessment of the trails, roads, bridges, swimming pools, lakes, and buildings. The expectation
is to provide a destination for the community that is not merely walking trials but rather
something special in return for their tax dollars. RJRD is trying to adopt the “best practices” for
the property and a number of other park operations manuals are being review for RJRD
application.
In assessing the buildings, RJRD Trustee Mr. Becker explained that many are in a state of
disrepair and his role is to assess the costs to repair and renovate the buildings plus balance those
costs to the benefits that would be derived from community use; i.e. to determine financial
sustainability from the funds expended on behalf of the taxpayers. One of the major causes for
the disrepair is the condition of the road, pitch and drainage.
RJRD Trustee Mr. Becker mentioned a few of the buildings being assessed: Kirby Mill,
Kirby House, Amity, Gund, North and Coach. An interesting fact was learned during these
assessments and that is if a pavilion or building does not have occupancy of 50 or more, it is not
used. Further, Mr. Becker is utilizing the SWOT (strengths, weaknesses, opportunities and
threats) analysis model.
Regular Meeting
Page 5
May 21, 2015
Mr. Becker provided his analysis of the property and reminded the board that it has not been
adopted by the board. This analysis was still in committee.
Property strengths: proximity to highways, parks, trails, rentable buildings, attractions and
history of the property due to Mr. Kirby’s inventions [washing machine spin cycle], wildlife
diversity, plant diversity.
Property weaknesses: communication to the residents, condition of the buildings, utilities.
Property opportunities: use of the land, use of a destination, non-passive activities.
Property threats: competing non-passive activities to surrounding parks and activities,
sustaining the uses, lack of operating levy funds for maintenance, ability to self-sustain the
property, improbability to renew the operating levy or increase the levy.
Per Mr. Becker, one of the greatest strengths of the property is Gund Hall and the hall’s ability
to be utilized for income to offset operating expense. After analysis of similar properties in the
area, the hall ranked in the top tier in a 50-mile radius for special event uses. The property
provides a myriad of recreation opportunities and scenarios for financial sustainability but the
means through the zoning regulations is required. RJRD Trustee Mr. Becker appealed to the
RTWP Board of Trustees for guidance, understanding and opinion pertaining to the
zoning regulations and process to enable the RJRD Board to make decisions regarding
sustainability. RTWP Trustee Ms. Jankura deferred to Zoning Inspector and Fiscal
Officer Ms. Pinney to provide an explanation.
Ms. Pinney stated the following actions taken by the RTWP Board of Trustees, BZA and
Zoning Commission:
1. RTWP BZA approved the WRLC’s request for a lot split and included a “blanket exemptions”
for certain passive and non-passive uses to be applied to the entire property; I.e. Clean Ohio and
Non-Clean Ohio.
2. RTWP Board of Trustees authorized the Zoning Inspector to amend the zoning regulations.
This action would remove one (1) barrier or hurdle [one level of variance request] for the RJRD
in that the RJRD Board could come directly to the RTWP BZA. To address the question
regarding the preferred approach; i.e. blanket, broad parameters or specific. Pinney opined that
a broad concept would be beneficial but cautioned that all requests are guaranteed to be
approved. It is the responsibility of the RJRD Board to determine the best way to proceed.
Pinney clarified that currently commercial use is not allowed but if requested it would be
reviewed and approval may be approved depending on the extent of the commercial use; high
level versus low level. RJRD Trustee Mr. Becker requested examples of high level
commercial use. Pinney stated that it was difficult to identify a high level commercial use and
typically it is determined by the surrounding residents who would view the use as a nuisance.
RJRD Trustee Mr. Becker requested clarification of the conditional use process for RJRD
since it is a governmental entity.
Pinney stated if you are governmental entity you still come to the BZA for a conditional use and
it doesn’t permit absolute freedom to the uses. Pinney stated that she has determined that
RJRD is public non-governmental entity and due to the various opinions regarding the
status of RJRD it wasn’t important to agree on the distinction. Pinney opined that removing
the distinction of public non-governmental entity and governmental entity from the zoning
language removes this discussion from the table.
Regular Meeting
Page 6
May 21, 2015
The Zoning Inspector and the RTWP Trustees felt that the language should be amended. Per
Pinney, it removes an unnecessary hurdle and allows RJRD to apply for a conditional use since
the zoning process is a variety of hurdles or barriers.
As a property owner, the RJRD would be applying for a conditional permitted use in response to
RJRD Trustee Mr. Becker’s inquiry regarding third party use and management of the
property. Pinney stated that if a third party were to apply for a conditional permitted use, as an
interested party of the property, and RJRD supported the application, she [Ms. Pinney Zoning
Inspector] would entertain the application. Summit County Prosecutor, Mr. John Galonski
added that this was consistent to other zoning applications. Pinney agreed that this would also
include land lease or land use agreements but use or activity would need to be approved and
“above board.”
At this point, RJRD Trustee Mr. Becker requested that RJRD Legal Counsel Mr. Bill
Hanna add a comment. Pinney stopped the discussion at this point and stated that she knew
exactly what Mr. Hanna’s would be saying and emphasized that Public Hearings have been
scheduled on the matter. Those dates are: Thursday, June 11, 2015, Thursday, June 18, 2015,
Thursday, July 9, 2015 and Thursday, July 16, 2015. Pinney then stated that she would not
comment anymore on the proposed amendments, except to explain the changes, because it
wasn’t fair to the public since there are public hearings scheduled and advertised. Pinney would
not discuss the matter in any specificity since the discussion was not open to the rest of the
public.
Chairperson Trustee Ms. Jankura recognized others in attendance: Mayor Bobbie
Beshara, RJRD Legal Counsel Mr. Bill Hanna and Summit County Prosecutor
representing the Township, Mr. John Galonski.
Mr. Hanna stated that he had no intention of extending the conversation regarding the proposed
amendment. Mr. Hanna stated that RJRD is a governmental entity under the ORC and has
provided a number of legal authority to that fact to the Township. For this discussion, Mr.
Hanna stated that since RJRD is a governmental entity it is significant to their ongoing
operations in that charging money is not a commercial activity. It is still an important question
that needs to be worked to reach a common understanding on.
The RJRD will pursue conditional uses and the zoning issues and it will be a continued
discussion. Mr. Hanna thanked RTWP for their appointees to the RJRD Board who are doing
a good job and looks forward to working with Township.
Chairperson Trustee Ms. Jankura asked Mr. John Galonski to share his opinion on the
governmental entity question. Summit County Prosecutor Mr. Galonski stated under ORC
5857.01 that the RJRD is a governmental entity and he [Galonski] has not seen any other
contradicting legal authority to think otherwise on the matter.
RJRD Trustee Mr. Becker reported on the status of all of the assessments that included the
dams, sewer and buildings. In regards to the fence, abutting residents like the fence to keep
people off their property but still want access to the property from their backyard. The fence
does protect the wildlife, plant diversity and keeps out vandals.
Regular Meeting
Page 7
May 21, 2015
Trustee Mr. Shupe stated that he supported the endeavor to get the district self- sustaining.
Continuing, the public is still waiting and watching plus this idea [self-sustaining] will gain more
public favor. Shupe added that Becker’s assertion regarding the levy is correct; i.e. the people
will not support any levy renewal. Trustee Mr. Shupe stated that since RJRD is a
governmental entity then they will not need anything more from the Township and questioned as
to the purpose of the presentation.
Responding, RJRD Trustee Mr. Becker stated that since the RTWP appointed him he was
incumbent to provide feedback to the RTWP Board of Trustees and since RJRD is a
governmental entity, Becker added that it is a big deal. Mr. Hanna stated that the RJRD is not
asking for any financial support and shared that RJRD Board was concentrating on getting the
property up and running. But, in the future the district, as a governmental entity, could work
together with both the Village and the Township to share activities and assist one another.
Pinney opined that Rising Valley Park and Richfield Woods could be merged with RJRD to
operate quipping without the funding to follow.
RTWP Trustee Mr. Shupe requested more details about the commercial use. RJRD Trustee
Mr. Becker shared his personal strategy of expanding the Kirby brand and a possible indoor
horse arena. Becker stated that his personal strategy is to create self-sustaining ideas. RJRD
Legal Counsel Mr. Hanna stated that the fees were consistent with general park operations.
RTWP Chairperson Trustee Ms. Jankura thanked Mr. Hanna and Mr. Becker and
requested a clarification of their timeline for a more definite strategy. RJRD Trustee Mr.
Becker stated that strategy is still being processed by the entire board. The RTWP Chair
recognized another member of the RJRD Board of Trustees, Mr. Fleming. RJRD Trustee
Mr. Fleming stated that he concurred with the presentation and the board is processing the
details and once the property is transferred to RJRD, more details will be able to be revealed.
RTWP Trustee Ms. Jankura stated her appreciation to the representatives for their attendance
and requesting feedback from RTWP Board of Trustees.
Resident and member of the Zoning Commission, Mr. Ed Pepera wanted legal opinion
regarding the “out of order” discussion regarding the zoning amendment change initiated by the
RTWP Board of Trustees. Legal Counsel present opined that there was no issue.
Summit County Engineer Liaison’s Report:
Mr. Larry Fulton stated there was no formal report and the county was busy getting paving
quotes.
Announcements:
None.
Regular Meeting
Page 8
May 21, 2015
Citizens Forum:
Resident and RJRD Board Trustee Mr. Fleming, 2780 Columbia Road, requested the dates
of the public hearing stating that it is always difficult to hear the Zoning Inspector. Mr. Fleming
requested a copy of the zoning amendment and Pinney stated that it was emailed to the entire
RJRD Board. Fleming stated that he was requesting the final draft. Pinney stated that there
was only one draft. Mr. Fleming requested again for the record the dates of the public
hearings.
Pinney stated:



Zoning Commission Public Hearings are Thursday, June 11 and July 9,
2015.
Summit County Planning is June 18, 2015.
RTWP Board of Trustees is July 16, 2015.
Pinney cautioned Mr. Fleming that these are tentative dates and could be cancelled if there is
not a quorum.
Agenda Requests and Follow-Up Actions Items:
None.
Adjournment:
MOTION by: Ms. Jankura and seconded by Mr. Shupe to adjourn at 7:30 p.m.
FURTHER DISCUSSION: NONE
MOTION PASSED UNANIMOUSLY: Jankura (yea), Luther (yea), Shupe (yea)
____________________________
Trustee
______________________________
Secretary