Minutes of Meeting, May 11, 2015

May 11, 2015

On May 11, 2015, the Shawnee Township Board of Trustees held a Regular Board Meeting at the Shawnee Township Administration Building, 2530 Fort Amanda Rd., Lima, Ohio. Chairperson Dave Belton called the meeting to order at 7:00PM. A brief moment of silence was followed by the Pledge of Allegiance. Roll call indicated those present as follows: Chairperson Dave Belton, Trustee Chris Seddelmeyer, Vice-Chair Russ Holly, Fiscal Officer Stephanie Hoffer, Police Chief Mike Keith, Zoning Inspector Mark Bishop, Legal Advisor Clay Balyeat, Fire Chief Todd Truesdale, and Road Supt. Howard Gray.

APPROVAL OF THE MINUTES

Mrs. Seddelmeyer made a motion to approve the Minutes of the Public Meeting held April 21, 2015, Mr. Holly seconded, and the motion carried 3-0. Mrs. Seddelmeyer made a motion to approve the Minutes of the Regular Board Meeting held April 27, 2015, Mr. Holly seconded, and the motion carried 3-0.

FISCAL OFFICER’S REPORT

Financial Reports for April 2015 were reviewed by the Board of Trustees and Departments. Mr. Holly made a motion to approve the financials, Mrs. Seddelmeyer seconded, and the motion carried 3-0.

Discussion: • Several reallocations to record actual expense in line items. Adjustments in appropriations were approved at last meeting in order to make the corrections. • Fund balances and appropriations are in good status. Checking reconciled. • May 13, 2015, Stephanie Hoffer to meet with John Leahy, Asst. Prosecutor in regards to constructing a new Mausoleum at Shawnee Twp. Cemetery. • Ted Sumnar, Investor for Huntington Bank visited Twp. • June 1, UAN to add on $50 equipment surcharge to quarterly dues. • Twp. support of the Allen Co. Board of Health District. Certified Estimate $64,500. • Smaller pop machine filled and in service. Pop Co. still has not removed larger machine.

LEGAL ADVISOR

Discussion: • Properties for Demolition o Clay Balyeat reported the judge has signed order for property on Greens Rd., and that the property can be torn down. o Resolutions prepared for properties on Daniels and Southwood.

SWEARING IN AS FULL-TIME POLICE OFFICER

Corey Wilson has served as a Part-time Police Officer for Shawnee Township since 2009. At this evenings meeting Cory was sworn in as a Full-time Police Officer for the Twp. by Police Chief Mike Keith.

TRUSTEES BUSINESS

Resolution # 50-15      FMLA-Eddie DeMoss

Be it hereby resolved, the Shawnee Township Board of Trustees authorizes Firefighter/Paramedic Eddie DeMoss to begin Family Medical Leave on May 5, 2015 in accordance with the Family Medical Leave Act. A motion by Mrs. Seddelmeyer to approve Resolution #50-15 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution # 51-15       Authorization to Participate in ODOT Contract for Roadway Crack Patching

Be it hereby resolved, the Shawnee Township Board of Trustees authorizes the participation in the Ohio Department of Transportation Contract for the purchase of machinery, material, supplies or other articles pursuant to ORC 5513.01 (B), and; Further, the Shawnee Township Board of Trustees hereby authorizes and agrees to be bound by all terms and conditions as the Director of Transportation prescribes, and; Further, Shawnee Township agrees to directly pay vendors, under each such contract of the Ohio Department of Transportation with which Shawnee Township participates, and agrees to hold harmless the Director of Transportation and/or the Ohio Department of Transportation for any claim of dispute arising out of participation in said contract pursuant to ORC 5513.01 (B). A motion by Mrs. Seddelmeyer to approve Resolution #51-15 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution # 52-15      Accept the Recommendation of the Shawnee Township Zoning Commission to Conduct Public Hearing on Zoning Map/Parcel Changes in Shawnee Twp

WHEREAS…..The Shawnee Township Zoning Commission as well as the Lima / Allen County Regional Planning Commission have had open meetings and discussions concerning various parcels of land in Shawnee Township that currently zoned as Agricultural Use, however current use reflects the zoning to be Residential, Residential R-1H, or Residential RII-H. WHEREAS…. SH-01-15 Meadowlands Subdivision 1&2 reflects (43) parcels; SH-02-15 Pond View Estates reflects (1) parcel; SH-03-15 Amanda Lakes 2, 3, and 4 reflects (41) parcels; SH-04-15 Fox Run Estates reflects (18) parcels; SH-05-15 Breezewood Estates reflects (36) parcels; SH-06-15 Fairwood Estates reflects (179) parcels; SH-07-15 Shawnee Township, Section 3, Township 4, South Range 6 E reflects (36) parcels of land. A total of 354 parcels of land according to the Shawnee Township Zoning Map do not meet current land use. WHEREAS…..The Shawnee Township Zoning Inspector and Shawnee Township Zoning Commission have identified seven (7) areas of Shawnee Township with 354 parcels of land, that current zoning needs corrected to current land use. WHEREAS…..Lima / Allen County Regional Planning Commission, and Developmental Control Committee met and conferred on April 7, 2015 concerning the rezoning of these specific parcels, and approved the staff recommendations for the rezoning. WHEREAS…..The Shawnee Township Zoning Commission on May 7th, 2015 by 4 to 0 vote for passage approved the recommendation of the Zoning Inspector, Lima/ Allen County Regional Planning Commission, and Developmental Control Committee to move forward for public hearing concerning the rezoning of these parcels of land in Shawnee Township. It is with this resolution that we bring this matter to the Shawnee Township Trustees to approve the recommendation of the Shawnee Township Zoning Commission to move forward and to conduct a public hearing on the matter. A motion by Mrs. Seddelmeyer to approve Resolution #52-15 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution # 53-15      Revision to Shawnee Township Zoning Text

WHEREAS…..Article XIX of the Shawnee Township Zoning Text (Area and Bulk Requirements), Specifically section 1900 – Residential and Agricultural Districts, the Schedule of Regulations was reviewed, updated and adopted by the Shawnee Township Zoning Commission in cooperation with the Regional Planning Commission. WHEREAS…..This revision in the Schedule of Regulations included the designations of R-1H and R-IIH for (1)-One and (2)-Two Unit dwellings; This revision which includes revised square foot minimums, setbacks, minimum floor areas and maximum height of structures. The RIH and RIIH designations are of historical nature to reflect development standards associated with the former Fort Shawnee Municipal District. WHEREAS ….. The Shawnee Township Zoning Commission in cooperation with the Lima Allen County Regional Planning Commission did review and have open meetings on these revisions to the schedule of regulations. WHEREAS…..The Shawnee Township Zoning Commission on May 7th, 2015 by a 4/0 vote did review and approve this revised schedule of regulations to be adopted to the Shawnee Township Zoning Text. BE IT RESOLVED that the Shawnee Township Board of Trustees hereby …….Approve the revisions to Article XIX, specifically Section 1900 of Residential and Agricultural Districts -Schedule of Regulations that has been updated the by the Lima / Allen County Regional Planning Commission and approved by the Shawnee Township Zoning Commission, to be added to adopted to the Shawnee Township Zoning Text. A motion by Mr. Holly to table Resolution #53-15 was seconded by Mrs. Seddelmeyer, and the motion carried 3-0.

Resolution # 54-15      Declaration of Public Nuisance and Ordering Abatement

WHEREAS, the Board of Shawnee Trustees finds that a letter was written to Mr. Clarence L. Jones and Mrs. Linda L. Jones at 2150 West Hume Road, Lima, Ohio 45806 by the Allen County Health Department, regarding a structure complaint for their property located at 1000 Daniels Avenue, Lima, Ohio, being parcel number 46020609001000. WHEREAS, that said letter was dated April 10, 2015 and specifically, the Allen County Public Health Department found from its inspection on March 13, 2015 that there was no electricity to the home, unsecured doorways/openings into the home, broken windows, decaying eves and siding, animals burrowing around the exterior of the property area as well as accumulation of solid waste materials inside the home as well as on the exterior part of the property. WHEREAS, as a result of the Health Department's inspection, and based upon photographs taken, the Allen County Board of Health, it was determined that the structure is unfit for human habitation and is a public nuisance. WHEREAS, consistent with Ohio Revised Code §505.86, and upon the recommendation of the Shawnee Township Fire Chief, the undersigned Trustees find that the above referenced building at said address is an unsafe structure and is not fit for human habitation. The Fire Chief inspected the property as well, and determined the same unsafe. WHEREAS, the Shawnee Board of Trustees declares that the above referenced property is a nuisance, that the same is declared insecure, unsafe, and structurally defective by the Shawnee Township Fire Department pursuant to its authority under Ohio Revised Code §3781, et. sec. for the enforcement of building regulations or the performance of building inspections in the township. WHEREAS, having found that the above referenced structure is a nuisance and is an unsafe and structurally defective building, the Board of Township Trustees shall issue, by certified mail, its intention with respect to the removal of said real property. The Trustees shall notify the owner of said property including all legal or equitable lien holders on said property and provide 30 days written notice to permit the structural repairs necessary to bring said structure into compliance with the Ohio Revised Code and thereafter to satisfy the Allen County Department of Health and the Shawnee Township Fire Department. WHEREAS, the Board of Trustees may collect the total cost of removing, repairing, or securing said building and that the same is been declared a nuisance, in the event that the conditions are not rectified within 30 days of having received the notice by certified mail. THEREFORE BE IT RESOLVED, (1) the Board of Township Trustees determines the same to be uninhabitable and that the above referenced property is a nuisance and that the Township Trustees intend to proceed in accordance with Ohio Revised Code §505.86. A motion by Mrs. Seddelmeyer to approve Resolution #54-15 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution # 55-15      Declaration of Public Nuisance and Ordering Abatement

WHEREAS, the Board of Shawnee Trustees finds that a letter was written to Mr. William P. Altenbach at 1408 Southwood Dr., Lima, Ohio 45805 from the Allen County Health Department regarding a structure complaint for his property located at 1408 Southwood Dr., Lima, Ohio 45805, being parcel number 4602031010000. WHEREAS, that said letter was dated April 10, 2015 and specifically, the Allen County Public Health Department found from its inspection on March 17, 2015 that there were at least two large holes in the roof, unsecured doorways into the home, structural failure of the roof and patio area, animals burrowing around the exterior of the property area as well as accumulation of solid waste materials inside the home as well as on the exterior part of the property. WHEREAS, as a result of the Health Department's inspection, and based upon photographs taken, the Allen County Board of Health, said agency determined that the structure was unfit for human habitation and is a public nuisance. WHEREAS, consistent with Ohio Revised Code §505.86, and upon the recommendation of the Shawnee Township Fire Chief, the undersigned Trustees find that the above referenced building at said address is an unsafe structure and is not fit for human habitation. The Fire Chief inspected the property as well, and determined the same unsafe. WHEREAS, the Shawnee Board of Trustees declares that the above referenced property is a nuisance, that the same is declared insecure, unsafe, and structurally defective by the Shawnee Township Fire Department pursuant to its authority under Ohio Revised Code §3781, et. sec. for the enforcement of building regulations or the performance of building inspections in the township. WHEREAS, having found that the above referenced structure is a nuisance and is an unsafe and structurally defective structure, the Board of Township Trustees shall issue, by certified mail, its intention with respect to the removal or razing of said real property. The Trustees shall notify the owner of said property including all legal or equitable lien holders on said property and provide 30 days written notice to permit the structural repairs necessary to bring said structure into compliance with the Ohio Revised Code and thereafter to satisfy the Allen County Department of Health and the Shawnee Township Fire Department. WHEREAS, the Board of Trustees may collect the total cost of removing, repairing, or securing said building and that the same is been declared a nuisance, in the event that the conditions are not rectified within 30 days of having received the notice by certified mail. THEREFORE BE IT RESOLVED, (1) the Board of Township Trustees determines the same to be uninhabitable and that the above referenced property is a nuisance and that the Township Trustees intend to proceed in accordance with Ohio Revised Code §505.86. A motion by Mrs. Seddelmeyer to approve Resolution #55-15 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution # 56-15       Enter into EAP Contract with St. Rita’s Medical Center

Be it hereby resolved, the Shawnee Township Board of Trustees agrees to enter into the EAP Contract with St. Rita’s Medical Center, as per the attached addendum. A motion by Mrs. Seddelmeyer to approve Resolution #56-15 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes Resolution # 57-15 Hiring of Taylor Lucas as Seasonal Worker Be it hereby resolved, the Shawnee Township Board of Trustees approves of hiring Taylor Lucas as a Seasonal Worker for Shawnee Township; and, Be it further resolved, said position shall be within the guidelines of the Shawnee Township Policy and Procedure Manual and the worker shall be paid at an hourly rate of $10.00 per hour. A motion by Mr. Holly to approve Resolution #57-15, as amended to correct hourly rate to $10.00, was seconded by Mrs. Seddelmeyer, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes (7:15PM-Trustee Russell Holly excused himself from the Meeting)

DEPARTMENTAL BUSINESS

Fire Department

The Monthly Activity Report April 2015 for the Fire Department, as submitted by Fire Chief Truesdale, was reviewed by the Board. Mrs. Seddelmeyer motioned for approval of the report, Mr. Belton seconded, and the motion carried 2-0. The report is attached and made part of these minutes.

Discussion: • 131 Calls. Busy month. Up 120 calls compared to last year at this time. 67-68% of calls this month were EMS. • Chief Truesdale to testify at Ways and Means Committee Meeting, May 20, 2015. • Chief Truesdale has meeting with County Auditor tomorrow.

  Police Department

The Monthly Activity Report for April 2015 for the Police Department, as submitted by Police Chief Keith, was reviewed by the Board. Mrs. Seddelmeyer motioned for approval of the report, Mr. Belton seconded, and the motion carried 2-0. The report is attached and made part of these minutes.

Discussion: • Busy month. 549 calls. • Police Chiefs Conference. o Records Retention update

Road Department

  The Monthly Activity Report for April 2015 for the Road Department, as submitted by Road Supt. Howard Gray, was reviewed by the Board. Mrs. Seddelmeyer motioned for approval of the report, Mr. Belton seconded, and the motion carried 2-0. The report is attached and made part of these minutes.

Discussion: • May busy month with leaf & brush pick-up and filling in potholes. • Micah Resource to clean up mess in back of Road Dept. Bldg. • Began mowing ditches

Zoning Department

The Monthly Activity Report for the Zoning Department, as submitted by Zoning Inspector Mark Bishop, was reviewed by the Board. Mrs. Seddelmeyer motioned for approval of the report, Mr. Belton seconded, and the motion carried 2-0. The report is attached and made part of these minutes.

  Discussion: • Zoning Permit Applications o 6 permits o 3 garage sale permits • Grass/Vegetation Complaints o Greens, Jo Jean, and Dixie • Information o Harry Baber vs. Thomas Stewart-Sediment Control Issue o Storm Water issue on Reen Ave. o Complaint of neighbor’s pool light too bright o Application for new home on Meadowlands o Application for new home in Monticello o Zoning Commission met May 7, 2015 for study session to update zoning map o Lot 14, Breese Rd. cleaned from fire. Women living in shed. o Demolition at 300 Block of Catawba, Indian Village Trailer Park. o Sign permit needed for The Learning Academy o Civil Matter-Harboring Ducks o Applewood Estates o Dumping of slurry at 5170 Spencerville Rd. not permitted

COMMUNICATIONS  NONE

BILLS

Mrs. Seddelmeyer motioned the board approve paying the bills by resolution, Mr. Belton seconded, and the motion carried 2-0. Roll call: Mr. Belton (yes) Mr. Holly (absent) Mrs. Seddelmeyer (yes)

Adjournment

With no further business to be brought before the Board of Trustees, Mrs. Seddelmeyer motioned the meeting adjourn, Mr. Belton seconded, and the motion carried 2-0. Meeting adjourned at 7:30 p.m.