Minutes of Meeting, July 14, 2014

SHAWNEE TOWNSHIP

BOARD OF TRUSTEES MEETING July 14, 2014 On July 14, 2014, the Shawnee Township Board of Trustees held a Regular Board Meeting at the Shawnee Township Administration Building, 2530 Fort Amanda Rd., Lima, Ohio. Chairperson Chris Seddelmeyer called the meeting to order at 7:30PM. A brief moment of silence was followed by the Pledge of Allegiance. Roll call indicated those present as follows: Chairperson Chris Seddelmeyer, Vice-Chair Dave Belton, Trustee Russ Holly, Fire Chief Todd Truesdale, Legal Advisor Clay Balyeat, Fiscal Officer Stephanie Hoffer, Police Chief Mike Keith, and Zoning Inspector Jim Hile. Road Supt. Howard Gray was absent. APPROVAL OF THE MINUTES Mr. Holly made a motion to approve the Minutes of the Regular Board Meeting held June 9, 2014, Mrs. Seddelmeyer seconded, and the motion carried. Mrs. Seddelmeyer made a motion to approve the Minutes of the Public Hearing held June 9, 2014, Mr. Holly seconded, and the motion carried. Mr. Holly made a motion to table the Minutes of the Regular Board Meeting held June 23,, 2014, Mrs. Seddelmeyer seconded, and the motion carried. FISCAL OFFICER’S REPORT • BWC Billing Changes-Employers are to receive a one-time credit equal to a one year premium due to changes in billing. Public employers will not see the credit until 2016. • Although there was a 2.5% decrease in their Group Health Insurance Rates, the Twp. will see an increase in dental rates. (6%) LEGAL ADVISOR • Houses slated for demolition. • Policy & Procedure for donating property. (Non-profit organizations) SETTING OF PUBLIC HEARING FOR CHANGE IN ZONING TEXT (Delayed for future Zoning Board Meetings and further changes) PRIVILEDGE OF THE FLOOR: Mark Parton, 3463 London Drive, Lima, OH Mark Parton explained that water run-off from neighboring properties is flooding his property because the properties are on a higher ground level and the nearby catch basin is not draining the water and some of the water isn’t reaching the basin at the street. Mark claimed neighbors route sump pumps to the nearby storm sewer and that he is getting 2 to 3 feet of water in his back yard due to all of the water run-off. He said his neighbor Mr. Jennings has extended gutters causing flooding on Mark’s property and that he spoke to Mr. Jennings on two separate occasions about the problem. Attorney Balyeat explained there was not much the Township could do as far as a private catch basin, but water run-off routed to his property is a form of trespassing. Clay said Mark could contact an attorney and have the attorney write a letter to Mr. Jennings letting him know that he is trespassing by flooding Mark’s yard. Mr. Holly suggested Mark somehow reroute water to catch basin at the street and possibly lowering the concrete collar on the basin rim in the back so that the water will drain. TRUSTEES BUSINESS: Resolution # 67-14 Board of Trustees of Shawnee Township Authorizes Allen County Commissioners to Accept Proposal and Enter into Contract for the County & Township Roads Resurfacing Project-14 and Appropriate Township Funds for Township Share of Project The Board of Township Trustees of Shawnee Township, Allen County, Ohio met in regular session on the 14th day of July 2014 with the following members present: Dave Belton Russell Holly Chris Seddelmeyer Mr. Holly moved the adoption of the resolution as follows; Whereas, bids were opened for this project at 11:00 A.M., June 18, 2014 at the office of the Board of Allen County Commissioners: and, Whereas, the low bidder for this project is Bluffton Paving, Bluffton, Ohio, with a bid of $239, 402.74 which also includes projects for the county, villages and townships; and Whereas, the Allen County Engineer is requesting that the Board of Shawnee Township Trustees appropriate funds in the amount of $83,192.46 as its share of the Township Roads Resurfacing Project-14 for the projects as shown on the Bids Amounts Summary sheet; now therefore Be it resolved that the Board of Township Trustees of Shawnee Township, Allen County, Ohio, hereby authorizes and direct the Allen County Board of Commissioners to accept the proposal from and enter into a contract with BLUFFTON PAVING, BLUFFTON, OHIO, which had the lowest and best bid for the County & Township Roads Resurfacing Project-14, and be it further Resolved, that the Board of Township Trustees of Shawnee Township, Allen County, Ohio appropriate the amount of $83,192.46 for its share of the Township Roads Resurfacing Project-14 and issue a payment payable to: Bluffton Paving, P.O. Box 26, Inc., Bluffton, OH 45817 to be paid after the resurfacing projects have been completed and the contractor has submitted and invoice for payment; and be it further Resolved, that the Board of Township Trustees of Shawnee Township, Allen County, Ohio, hereby authorizes the Allen County Engineer to have his representatives perform the inspection and testing of materials on this project and to have his representatives verify the quantities of hot mix and tack used by the contractor. Township Non-Issue I Projects: ROAD NAME FROM TO LENGTH (FT) WIDTH (FT) ESTIMATED COST Odema Inwood Emma Pky 1240 28 $25,662.98 Lyn Grove Dixie HSE#2110 2100 18 $28,527.35 New Haven Hume HSE#4985 650 23 $11,141.04 Clement Yoakam Yoakam 1000 24 $17,861.10 Total $83,192.47 A motion by Mr. Holly to approve of Resolution #67-14 was seconded by Mr. Belton, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, Yes Resolution # 68-14 Amend 2014 Permanent Appropriations Be it hereby resolved the Shawnee Township Board of Trustees approves of amending current permanent appropriations as follows: (To reduce current year spending in order to have efficient carry-over amounts to cover beginning of the year expenses in 2015, plus adjustments 2012-2013 audit) Line Item: 1000-760-740-1200 Mach, Equip & Furniture Decrease $ ( 466,644.57) 1000-760-790-0000 Capital Outlay Decrease $ (1,000,000.00) 2021-330-323-0000 Repairs & Maintenance Decrease $ ( 600,578.00) 2031-760-740-0000 Mach, Equip & Furniture Decrease $ ( 150,000.00) 2081-760-740-0000 Mach, Equip & Furniture Decrease $ ( 457,926.10) 2111-760-740-0000 Mach, Equip & Furniture Decrease $ ( 500,052.05) 2905-760-740-0000 Mach, Equip & Furniture Decrease $ ( 57,186.00) (To supplement line items for current expenses) Line Item: 1000-210-221-0000 Med/Hosp (Dispatch) Increase $ 15,345.00 1000-760-740-1200 Mach, Equip & Furniture Decrease $ ( 15,345.00) 2021-760-750-0000 Motor Vehicles Increase $ 137,633.00 Stoops Freightliner 2021-330-323-0000 Repairs & Maintenance Decrease $ (137,633.00) 2111-760-750-0000 Motor Vehicles Increase $ 28,777.00 2111-760-740-0000 Mach, Equip, & Furniture Decrease $ ( 28,777.00) 2031-330-420-0000 Operating Increase $ 25,000.00 2031-330-323-0000 Repairs & Maintenance Decrease $ ( 25,000.00) 2081-210-323-0000 Repairs & Maintenance Increase $ 16,000.00 2081-760-740-0000 Mach, Equip & Furniture Decrease $ ( 16,000.00) 2905-230-100-0000 Salaries (EMS) Increase $ 45,400.00 2905-230-213-0000 Medicare (EMS) Increase $ 659.00 2905-230-215-0000 OP&F (EMS) Increase $ 10,896.00 2905-760-740-0000 Mach, Equip & Furniture Decrease $ (56,955.00) A motion by Mr. Belton to approve of Resolution #68-14 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, Yes Resolution # 69-14 Adopt Shawnee Township Budget for 2015 BE IT HEREBY RESOLVED, the Shawnee Township Board of Trustees adopts the 2015 Shawnee Township Budget, as attached. (Copy of Budget available at Township Administration Bldg., or shawneetownship.com) A motion by Mr. Belton to approve of Resolution #69-14 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, Yes Resolution # 70-14 A Resolution Authorizing Approval of the Minutes from the Tax Incentive Review Council and Declaring this Act an Emergency WHEREAS, the County held a Tax Incentive Review Council Meeting on March 20, 2014 and the Shawnee Township was present to review all tax abatement agreements within Shawnee Township (Zone #233) through the annual State Report; WHEREAS, the following recommendations were made in order to assure that all companies remain in compliance and receive the full abatement as outlined in the Enterprise Zone Agreement; NOW, THEREFORE, BE IT ORDAINED by the Trustees of Shawnee Township, Allen County, State of Ohio, a two-thirds majority of all members thereto concurring that: Section I: The Enterprise Zone Agreement for PCS Nitrogen Ohio LP (formerly Arcadian Ohio LP) # 233-96-01 (1997) be continued. Section II: The Enterprise Zone Agreement for PCS Nitrogen Ohio LP (formerly Arcadian Ohio LP) # 233-09-04 (2009) be continued. Section III: The Enterprise Zone Agreement for Lima Refining Corporation/ Husky #233-09-03 (2009) be continued. Section IV: The Enterprise Zone Agreement for CR Properties/Tuttle Services #233-08-03 (2008) be continued. Section V: The Enterprise Zone Agreement for Ineos #233-11-01 (2011) be continued. Section VI: The Enterprise Zone Agreement for ALPHA #233-07-01 (2007) be continued. Section VII: The Enterprise Zone Agreement for Sign Source/JRP Signs, LLC #233-08-02 (2008) be continued. Section VIII: This Resolution must receive the approval by the Board of Commissioners of Allen County and be forwarded to the Ohio Departments of Taxation and Development, and County Auditor within fifteen days of approval in order to be finalized. This Resolution is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, welfare, and safety of the Township. This Resolution shall take effect and be in full force immediately upon its passage and approval by the Trustees. A motion by Mr. Belton to approve of Resolution #70-14 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, Yes Resolution # 71-14 Declaration of Public Nuisance and Ordering Abatement WHEREAS, uncontrolled vegetation and or refuse and debris were reported at 1006 Daniels Ave., Tax Parcel # L35 46 0206-09-101.000, with owner of record being Gertha Davis. WHEREAS, the Ohio Revised Code Section 505.87 provides that, at least seven days prior to providing for the abatement, control or removal of any vegetation, garbage, refuse or debris, the Board of Trustees shall notify the owner of the land and any holders of liens of record upon the land; and, WHEREAS, Ohio Revised Code Section 505.87 provides that, if the Board of Trustee determines within twelve consecutive months after a prior nuisance determination that the same owner’s maintenance of vegetation, garbage refuse, or other debris on the same land in the township constitutes a nuisance, at least four days prior to providing for the abatement, control or removal of the nuisance, the Board must send notice of the subsequent nuisance determination to the landowner and to any lienholders of record by first class mail; and, WHEREAS, In accordance with Ohio Revised Code Section 505.87, the Township Trustees have the authority to contract to abate the nuisances and have the costs incurred assessed to the property tax bill; and, THEREFORE BE IT RESOLVED, (1) That the Board specifically finds and hereby determines that the uncontrolled growth of vegetation and/or the refuse and debris on each of the said properties listed above constitutes a nuisance within the meaning of Ohio Revised Code Section 505.87, and the Board Directs that notice of this action be given to owners of the said property and lienholders in the manner required by Ohio Revised Code Section 505.87; and; (2) That the Shawnee Township Board of Trustees hereby orders the owners of said property to remove and abate the nuisances within seven days after notice of this order is given to the owners and lienholders of record, and within four days after notice of this order is given to the owners and lienholders of record for properties previously determined to be a nuisance. If said nuisances are not removed and abated by the said owners, or if no agreement for removal and abatement is reached between the Township and the owners and lienholders of record within four or seven days after notice is given, Shawnee Township shall cause the nuisances to be removed, and the Township shall notify the County Auditor to assess such costs plus administrative expenses to the property tax bills for the said parcel, as provided in Ohio Revised Code Section 505.87. FURTHER, the above mentioned property has been declared unfit for human habitation and a public Nuisance by the Allen County Board of Health and a hearing is set for August 8, 2014, for various other violations as stated in the letter attached hereto. A motion by Mr. Belton to approve of Resolution #71-14 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, Yes Resolution # 72-14 Declaration of Public Nuisance and Ordering Abatement WHEREAS, uncontrolled vegetation and/or refuse and debris were reported at 3214 Greens Road., Tax Parcel # L35 46 1002-05 015.000, with owner of record being Renee L. Clevenger. WHEREAS, the Ohio Revised Code Section 505.87 provides that, at least seven days prior to providing for the abatement, control or removal of any vegetation, garbage, refuse or debris, the Board of Trustees shall notify the owner of the land and any holders of liens of record upon the land; and, WHEREAS, Ohio Revised Code Section 505.87 provides that, if the Board of Trustee determines within twelve consecutive months after a prior nuisance determination that the same owner’s maintenance of vegetation, garbage refuse, or other debris on the same land in the township constitutes a nuisance, at least four days prior to providing for the abatement, control or removal of the nuisance, the Board must send notice of the subsequent nuisance determination to the landowner and to any lienholders of record by first class mail; and, WHEREAS, in accordance with Ohio Revised Code Section 505.87, the Township Trustees have the authority to contract to abate the nuisances and have the costs incurred assessed to the property tax bill; and, THEREFORE BE IT RESOLVED (1) That the Board specifically finds and hereby determines that the uncontrolled growth of vegetation and/or the refuse and debris on each of the said properties listed above constitutes a nuisance within the meaning of Ohio Revised Code Section 505.87, and the Board Directs that notice of this action be given to owners of the said property and lienholders in the manner required by Ohio Revised Code Section 505.87; and; (2) That the Shawnee Township Board of Trustees hereby orders the owners of said property to remove and abate the nuisances within seven days after notice of this order is given to the owners and lienholders of record, and within four days after notice of this order is given to the owners and lienholders of record for properties previously determined to be a nuisance. If said nuisances are not removed and abated by the said owners, or if no agreement for removal and abatement is reached between the Township and the owners and lienholders of record within four or seven days after notice is given, Shawnee Township shall cause the nuisances to be removed, and the Township shall notify the County Auditor to assess such costs plus administrative expenses to the property tax bills for the said parcel, as provided in Ohio Revised Code Section 505.87. FURTHER, the above mentioned property has been declared unfit for human habitation and a public Nuisance by the Allen County Board of Health and was hearing is set for July 11, 2014, for various other violations as stated in the letter attached hereto. The Allen County Public Health Board affirmed the declaration and moved forward with Adult Protective Services in vacating the premises. The Shawnee Township Fire Chief has declared this structure unsafe and as a “no entry” building for fire response due to the rapid deterioration and the risk to firefighters safety. A motion by Mr. Belton to approve of Resolution #72-14 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, Yes Resolution # 73-14 Delaration of Public Nuisance and Ordering Abatement WHEREAS, uncontrolled vegetation and/or refuse and debris were reported at 4520 W. Breese Road., Tax Parcel # L35 46 1704-01-018.000 with owner of Record being Christopher and Kristine Pierce. WHEREAS, the Ohio Revised Code Section 505.87 provides that, at least seven days prior to providing for the abatement, control or removal of any vegetation, garbage, refuse or debris, the Board of Trustees shall notify the owner of the land and any holders of liens of record upon the land; and, WHEREAS, Ohio Revised Code Section 505.87 provides that, if the Board of Trustee determines within twelve consecutive months after a prior nuisance determination that the same owner’s maintenance of vegetation, garbage refuse, or other debris on the same land in the township constitutes a nuisance, at least four days prior to providing for the abatement, control or removal of the nuisance, the Board must send notice of the subsequent nuisance determination to the landowner and to any lienholders of record by first class mail; and, WHEREAS, In accordance with Ohio Revised Code Section 505.87, the Township Trustees have the authority to contract to abate the nuisances and have the costs incurred assessed to the property tax bill; and, THEREFORE BE IT RESOLVED, (1) That the Board specifically finds and hereby determines that the uncontrolled growth of vegetation and/or the refuse and debris on each of the said properties listed above constitutes a nuisance within the meaning of Ohio Revised Code Section 505.87, and the Board Directs that notice of this action be given to owners of the said property and lienholders in the manner required by Ohio Revised Code Section 505.87; and; (2) That the Shawnee Township Board of Trustees hereby orders the owners of said property to remove and abate the nuisances within seven days after notice of this order is given to the owners and lienholders of record, and within four days after notice of this order is given to the owners and lienholders of record for properties previously determined to be a nuisance. If said nuisances are not removed and abated by the said owners, or if no agreement for removal and abatement is reached between the Township and the owners and lienholders of record within four or seven days after notice is given, Shawnee Township shall cause the nuisances to be removed, and the Township shall notify the County Auditor to assess such costs plus administrative expenses to the property tax bills for the said parcel, as provided in Ohio Revised Code Section 505.87. FURTHER , the Shawnee Township Fire Chief has declared this structure unsafe and as a “no entry” building for fire response due to the rapid deterioration and the risk to firefighters safety. A motion by Mr. Belton to approve of Resolution #73-14 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, Yes A motion by Mr. Belton to amend the agenda to include the following resolution was seconded by Mr. Holly, and the motion carried 3-0. Resolution # 74-14 Approve the Shawnee Township Zoning Commission’s Recommendation to Change Zoning for Applewood PUD from Condo to Single Family Home Whereas, on June 24, 2014 the Shawnee Township Zoning Commission conducted a Public Hearing to review a Petition for a Zoning Amendment from T&R Ventures, LLC regarding the Applewood PUD. The Petition was tabled and reviewed again on July 10 after conditions for the petition were addressed by T& R Ventures, LLC, and at that time the amendment was passed by the Commission contingent that T& R Ventures will not proceed with the preparation of drawings to the Regional Planning for its approval. Therefore, be it hereby resolved, the Shawnee Township Board of Trustees accepts the Township Zoning Commission’s recommendation for changing the zoning of Applewood from a Condo PUD to a Single Family Home PUD. A motion by Mr. Belton to approve of Resolution #74-14 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, Yes DEPARTMENTAL BUSINESS: Fire Department The Monthly Activity Report for the Fire Department for June 2014, submitted by Fire Chief Truesdale, was reviewed by the Board. Mr. Holly motioned for approval of the report, Mrs. Seddelmeyer seconded, and the motion carried 3-0. The report is attached and made part of these minutes. Discussion: • Calls are down by about 10 calls. • Cleaning trucks. • Engine #1 has leak on the tank and is getting repaired at Fire-Safety Services. Will be back by next week. • Spencerville fire. • Mike Hasenstaub doing excellent job in maintenance of trucks. • DOD, DCMA-Federal Insulation Training Police Department The Monthly Activity Report for the Police Department for June 2014, as submitted by Police Chief Keith, was reviewed by the Board. Mr. Holly motioned for approval of the report, Mr. Belton seconded, and the motion carried 3-0. The report is attached and made part of these minutes. Discussion: • Sgt. Kohli-Drug Recognition Expert Training • Sgt. Hartman-Display Case/Police Memorabilia • Lima News Article-Shooting Incident on 4th of July Road Department Discussion: • Issues with catch basins on Hume Rd. (Contacted Bill Kelly) • Stone chip and sealing of various Twp. roads completed. Zoning Department The Second Quarter Receipts Report and Third Quarter Zoning Applications Report for the Zoning Department, as submitted by Zoning Inspector Jim Hile, were reviewed by the Board. Mr. Belton motioned for approval of the reports, Mr. Holly seconded, and the motion carried 3-0. The reports are attached and made part of these minutes. Discussion: • Receipts April -June 2014 Applications. Total: $3,312.18 • Shorewood. (Floor) • Zoning Commission’s recommendation for Applewood PUD • Public Nuisances-Several lawns mowed. COMMUNICATIONS There were no communications. BILLS Mr. Belton motioned that the board approve paying the bills by resolution, Mr. Holly seconded, and the motion carried 3-0. Roll call: Mr. Belton (yes) Mr. Holly (yes) Mrs. Seddelmeyer (yes) Adjournment With no further business to be brought before the Board of Trustees, Mr. Belton motioned the meeting adjourn, Mr. Holly seconded and the motion carried 3-0. Meeting adjourned at 8:30PM.