The Richfield Township Trustee Meeting was called to order at 7:05 pm on
April 14, 2003.
Roll Call: Trustees: Present – Shano Cica-Mraz and Laurie Gilmore, Absent
-Robert Hooper, Delayed - Clerk/Treasurer: Mark Uhrich
Others present: Linda Bowmer-Office Administrator, Laurie Pinney – Zoning
Inspector, Police Chief Dale Canter and Fire Chief Joe Stopak
Ms. Cica-Mraz requested that Linda Bowmer to take the minutes for this meeting
in Mr Uhrich’s absence.
Ms. Cica-Mraz made a motion to approve warrant report 7675 to 7718, seconded by
Ms Gilmore; motion carried unanimously.
Police Chief Canter reported there had been 358 calls in March, 76 from the
Township. This number represents 21.5%, markedly down from previous months. The
police will receive 4 new police cars in the next 2 weeks making a total fleet
of 9. They plan to replace 3 cars each year so no car in the fleet is over 3
years old. Last Friday he and Chief Stopak served approx 65 people at the annual
ham luncheon held at the Senior Center.
Fire Chief Stopak reported 96 calls in March, 8 from the Township. They have
been busy doing programs for Hillcrest and the Hobbits Nursery School, with
Bandage Camp coming up. He and Chief Canter have been active in working with the
schools on the concept of a School Resource Office for Revere Schools. A meeting
on coordinating Emergency Services with schools is planned.
Ms Gilmore presented the road department report. Hopefully plowing is finished
for the year and the service department is busy patching and ditching. The
Township has received a letter from the Village stating that Township residents
will be considered non-residents following the separation and required to pay
the additional fee for recreational programs. Ms Gilmore said the Village pays
for this program and the salary of the Recreation Director with no support from
the Township. Likewise, talks on a recreation center and a joint recreation
district between the Village and Township have been put on hold until after
separation. Ms Gilmore gave facts and figures on the police and fire levies and
encouraged everyone to vote on March 6th.
Ms Gilmore made a motion to hire Nason Landscaping to perform landscaping work
around Township buildings, Triangle Park and the cemeteries on a month-to-month
basis at a price of $800 per month starting in May. If work is needed in April,
Nason will be available at a weekly charge of $244. Seconded by Ms Mraz; motion
carried unanimously.
Administration Report - Ms Bowmer reported that the roof in the administrative
office had leaked severely over the weekend of 5/6 April creating substantial
damage. Water sodden ceiling tiles had collapsed into the office, but Trustee
Mraz and fire department personnel acted quickly to cover equipment and files to
prevent further damage. Larry Coffee Roofing had been called but was unable to
work on the roof until the rain had stopped. Tented plastic over desks and desk
lamps allowed work to continue. Mr Coffee gave an approx figure of $300 for a
patch but said the entire roof needed replacement before winter. Due to
separation no decision can be made on the roof since the building is slated for
complete renovation.
Zoning Report - Ms Pinney reported that the Court had denied KB Compost’s motion
to reconsider their decision. With KB Compost’s only recourse being the Supreme
Court, it would now appear that the Township has won this important battle.
Concerned residents from the Briarwood area attended the Zoning Commission
meeting to see the early plans of the proposed Briarwood Estate. A consent
judgment entry in 1983 increased the density of development in this area,
however there are additional issues with other agencies that need resolved
before the project, as planned, can move forward. Zoning Commission was
continued to Thursday, April 17th at 6.30 to allow trustees to respond on the
Glencairn Forest Subdivision. St Peregrines Academy, located at 3086
Streetsboro, has approached the Township about getting a school zone established
in front of the school. They were referred to ODOT but also would like us to try
and have the speed limit reduced in the area approaching the school. Ms Mraz
said we could try using safety concerns and increased development including the
proposed church as rationale; Ms Bowmer to put on the first May meeting agenda.
The next BZA meetingwill be on May 19th with a deadline of May 5th. This is one
of the semi-annual meetings where the fee for variances on residences, not
businesses or accessory buildings, is waived.
Ms Mraz explained that the Trustees were going to do an administrative review of
the revisions to the final development plan for Glencairn Forest. The Trustees
rely upon the Zoning Inspector and the BZA’s due diligence in inspecting all
revisions before the plan comes to them. Ms Mraz then read the BZA letter dated
March 17, 2003 giving their unanimous approval of the final development plan to
the Zoning Commission. The Trustees also rely on the Zoning Commission to
examine any revisions to make sure they meet our code and in the end, the final
decision will be made by the Zoning Commission and Zoning Inspector. Mr Mraz
advised the room that at the last meeting on March 24th Mr Stone, as
spokesperson for some Glencairn residents, had requested the Township ask for a
written legal opinion from the Prosecutor’s Office responding to specific
written questions put forward by Glencairn residents. No written questions were
provided to the Township to be forwarded to the County Prosecutor. The Trustees
were interested in hearing from residents who could provide credible evidence or
additional information relevant to these revisions.
Charles Brinkman, 3400 Robert Burns Drive – Mr Brinkman’s main concern is still
the issue of single entity control saying the Trustees should demand to see the
purchase agreement. He is also concerned that the school system would experience
what he indicated would be a $1.6 million loss when the current proposed homes
are built.
Ms Mraz said the issue of single entity control had been discussed at length
with Dale Markowitz, a leading land use attorney. But perhaps this is something
that can only be sorted out by the courts. A challenge can’t happen until a
decision is reached by the Zoning Commission.
Mr Woods King, attorney for Glencairn Forest – The issue before the trustees is
review of revisions to the final development plan under section 405-7. His
belief is that the single entity control issue had already been resolved by BZA
resolution 500-03 and it was not appropriate for discussion here.
Ms Mraz felt that nothing should be overlooked in the review process. Ms Pinney
said the BZA had looked at this issue in depth after the trustees had taken the
position last year that the developer did not have single entity control.
However, after the property had transferred back to the developer, using the
deed as proof, the BZA and legal counsel were satisfied.
Ms Christa Mory, 3414 E Glencoe – Ms Mory asked at which BZA meeting was the
question of single entity control discussed. Ms Mraz asked that we check court
reporter transcripts and listen to the township tape made of the March 17th BZA
meeting, transcribing portions of tape if they addressed the single control
issue.
Ms Mory then asked what happens next. Would the trustees deliberate and come to
a decision tonight?
Ms Mraz explained that the only issue the Trustees have authority to deal with
is the revisions in front of them. After thorough review, all zoning code issues
appear to have been met. After discussion, the Trustees decided to approve the
final development plan subject to additional Zoning Commission review,
specifically of BZA’s discussions on the issue of single entity control. The
Board of Trustees and the residents of Glencairn Forest feel the issue of single
entity control has not been adequately and/or completely addressed. Ms Mraz
admitted that a declaratory judgment will probably be required down the road and
Mr Slaghter outlined the administrative appeal procedure.
Mr Denny Kulp, Site Manager with Glencairn Forest – Mr Kulp was upset that
single entity control, after being substantiated, should now become an issue
again. No new documentation has come forward to indicate that “ownership” does
not equate single entity control. The property had been transferred back to
Glencairn Corporation and it was his opinion that recommendation of the plan
should not be held up based on this issue.
Ms Mraz admitted that the language related to this issue in the zoning code
needs clarification. The Trustees thought the deed was sufficient proof of
ownership and this could still be so. Mr Kulp felt the Township needed to decide
whether “ownership” equates to “single entity control”. Mr Mraz stated the
courts would probably be the ultimate decision-maker.
Ms Diane Kraynik, reporter for the Richfield Times, wanted clarification on what
the resolution would say and what it would mean. Clarification was given.
Citizen’s Forum:
Mr Richard Fleming, 2780 Columbia Road – Queried what pending litigation was
being discussed at the executive session. Ms Mraz & Mr Slaghter said there were
several threatened and pending litigations including Kurtz Brothers and
Glencairn, but also indicated that those specifics did not have to be disclosed
under the Sunshine Laws.
Ms. Mraz made a motion to enter into executive session at 8:55 p.m. to discuss
pending and threatened legal matters, seconded by Ms. Gilmore; Mr. Hooper –
Absent, Ms. Mraz – Yes, Ms. Gilmore – Yes, motion carried by majority.
Ms. Mraz made a motion to end the executive session at 9:40 p.m., seconded by
Ms. Gilmore; Mr. Hooper – Absent, Ms. Mraz – Yes, Ms. Gilmore – Yes, motion
carried by majority.
Ms. Gilmore made a motion to adjourn the meeting at 9:40 p.m., seconded by Ms.
Mraz; Mr. Hooper – Absent, Ms. Mraz – Yes, Ms. Gilmore – Yes, motion carried by
majority.
Chairwoman:________________________
Clerk: ______________________________