Minutes of Meeting, July 13, 2015

July 13, 2015

On July 13, 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 7:00 p.m. 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, Road Supt. Howard Gray, Zoning Inspector Mark Bishop, Legal Advisor Clay Balyeat, and Fire Chief Todd Truesdale. Police Chief Mike Keith was absent.

APPROVAL OF THE MINUTES

Mrs. Seddelmeyer made a motion to approve the Minutes of the Regular Meeting held June 22, 2015, Mr. Holly seconded, and the motion carried 3-0.

FISCAL OFFICER’S REPORT

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

Discussion: • Township received remaining balance of $28, 489 for the Cemetery Fund • In 2008-2009 the Township purchased $95,868 in road salt through Cargill and Morton. (Form submitted in reference to litigation)

  LEGAL ADVISOR Discussion: • Letter sent to Tom Stewart in regards to zoning violation • Filing for demolition. (1408 Southwood)

PRIVILEGE OF THE FLOOR: Larry Rupert-1840 Frail, Lima, Ohio

  Mr. Rupert addressed the Board of Trustees in reference to water flooding his property due to catch basin not draining properly. He said he has never had this problem in the 30 years that he has resided there, explaining water is flooding his yard and has reached the foundation of his home, and that he has water in his garage. According to Mr. Rupert the flooding is caused by tree roots and other blockage in a nearby culvert, and a damaged underground tile between Jo Jean & Frail. Doug Degan from Lima/Allen County Regional Planning Commission has looked at the issue. Mr. Rupert mentioned a ditch petition to fix the problem. Mr. Holly said that with all of the rain we have had, there have been many areas flooded by water. He explained the Township can initiate a ditch petition with the county, but it would be at a cost to the residents and the Township through assessments. He said he would like to see if they can clean the drain first. Road Supt. Howard Gray stated there are plans to replace the tile.

TRUSTEES BUSINESS

Resolution # 74-15      Resolution to Proceed with the Levying of a Tax Exceeding Ten-Mil Limitation for Shawnee Township

WHEREAS, the Shawnee Township Board of Trustees have determined that the amount of taxes which may be raised within the ten mill limitation will be insufficient to provide an adequate amount for the necessary current expenses of the Shawnee Township Police Department; and, WHEREAS, on June 22, 2015 the Shawnee Township Board of Trustees passed Resolution 67-15 declaring the necessity to renew an existing (2.0) mill renewal levy, under Ohio Revised Code 5705.03, outside the ten-mill limitation, for the purpose of paying current expenses of the Shawnee Township Police District; which rate is the same rate that is currently in place for said renewal, a rate not exceeding (2.0) mill for each one dollar of valuation, which amounts to ($0.20) for each one hundred dollars ($100.00) of valuation for a period of five (5) years beginning with tax year 2015 and ending with 2020. WHEREAS, by Resolution 67-15, the Board of Trustees requested that the Allen County Auditor certify to the Board the current tax valuation of the Police District within Shawnee Township and the dollar revenue that will be generated by this proposed levy, and the Allen County Auditor in fact provided the certification, a copy of which is attached hereto as Exhibit A; THEREFORE, be it hereby resolved by the Shawnee Township Board of Trustees by two-thirds of all members elected thereto concurring, having received the certification from the Auditor, has determined to proceed to submit the question of the levying the renewal of a 5-year tax levy at a rate of (2.0) mill, effective January 1, 2015, for paying of current expenses of the Shawnee Township Police District, to the electors of Shawnee Township; and further RESOLVED, that the question of renewing such tax levy shall be submitted to electors of Shawnee Township, Allen County, Ohio at the election to be held therein on Nov. 3, 2015; and be it further RESOLVED, that the levy be placed upon the tax lists of the current year commencing January 1, 2015, in compliance with the Ohio Revised Code Section 5705.34 if a majority of the electors voting thereon are in favor thereof and; be it further RESOLVED, the Fiscal Officer is hereby directed to certify a copy of this resolution together with the certification from the county auditor to the Allen County Board of Elections and to notify the board of elections to cause notice of election on the question of levying the tax to be given as required by law; and be it further RESOLVED, that all formal actions relative to the passage of this resolution were taken in meetings open to the public, in full compliance with all legal requirements including Section 121.22 of the Ohio Revised Code. A motion by Mrs. Seddelmeyer to approve Resolution #74-15 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution # 75-15      Board of Trustees of Shawnee Township Authorizes Allen County Commissioners to Accept Proposal and Enter into Contract for the County & Township Roads Resurfacing Project-15 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 13th day of July, 2015 with the following members present: Dave Belton, Russell Holly, and Chris Seddelmeyer Mrs. Seddelmeyer moved for the adoption of the resolution as follows: Whereas, bids were opened for this project at 11:00 A.M., June 24, 2015, 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 $1,018,516.30 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 $30,576.92 as its share of the Township Roads Resurfacing Project -15 for the projects as shown on the Township Road Program; 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-15; and be it further Resolved, that the Board of Township Trustees of Shawnee Township, Allen County, Ohio appropriate the amount of $30,576.92 for its share of the Township Roads Resurfacing Project-15 and issue payment payable to: Bluffton Paving, Inc., P.O. Box 26, Bluffton, OH 45817 to be paid after the resurfacing projects have been completed and the contractor has submitted an 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. Mr. Holly seconded the resolution and upon roll call being called, the vote resulted as follows: Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution # 76-15       Board of Trustees of Shawnee Township Adopts Budget for 2016

  The Board of Township Trustees of Shawnee Township, Allen County, Ohio, met in regular session on the 13th day of July, 2015 with the following members present: David Belton, Russ Holly, and Chris Seddelmeyer Mr. Holly moved for the adoption of the Township Budget for 2016, as per attached. Mrs. Seddelmeyer seconded the resolution and upon roll being called, the vote resulted as follows: Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution # 77-15       Shawnee Township Zoning Commission submits to the Shawnee Township Board of Trustees their recommendations for the proposed revisions to the Shawnee Township Zoning Resolution Text concerning Articles 19-Area & Bulk Requirements; 1701-Parking of Recreational Vehicles; 1711-Fence Restrictions; 1708-Regulation of Swimming Pools as Accessory Uses; and 1715-Garage Sales.

WHEREAS…..On June 29, 2015 the Shawnee Township Zoning Commission conducted an open and public hearing at the Shawnee Township Administration Building, 2350 Ft. Amanda Road, Lima, Ohio for the purpose revising four-(4) articles of the Shawnee Township Zoning Text; and hearing the petitions for the rezoning of various residential parcels in Shawnee Township from Agriculture designation to R1, RIH, and RII H designations to be consistent with current land use. WHEREAS…..The Shawnee Township Zoning Commission conducted a public hearing to revise and amend the June 25, 2012 Shawnee Township Zoning Text concerning the specific articles of: Article 19-Area & Bulk Requirements, 1701-Parking of Recreational Vehicles, 1711-Fence Restrictions, 1708-Regulation of Swimming Pools as Accessory Uses, and 1715-Garage Sales. WHEREAS…..The Shawnee Township Zoning Commission recommends the following revisions to the Shawnee Township Zoning Text, dated June 25, 2012: 1. Article 19- Shawnee Township Zoning Text Dated June 25, 2012 shall be amended to reflect the addition of RIH and RIIH zoning districts and revision to the schedule of regulations to incorporate RIH and RIIH (Historical Designation) zoning districts as well as minimum lot widths as detailed in Article 19 of the Shawnee Township Zoning Text. 2. Section 1701 – Parking of Recreation Vehicles- The parking or storing of any recreation vehicle or any trailer in any accessory building or in a side or back yard, but not the front yard, shall be permitted in any district, provided no living quarters shall be maintained nor any business conducted in such vehicle unless otherwise stated by Subdivision Convents and Restrictions. The period of time a recreation vehicle or trailer is permitted to remain on/at a residential property, other than for parking or storing of the vehicle relates to a temporary time period such as or the preparation of the vehicle for off-site usage and the cleaning of the vehicle upon returning. This temporary time period the vehicle is permitted to remain on the property shall not exceed thirty-six (36) hours. 3. 1711-FENCE RESTRICTIONS- As used in this Section, a fence is generally a barrier intended to create privacy or protection, confine pets, and define the boundaries of a property. Fences may be constructed of wood, vinyl, brick, stone, steel, aluminum, as well as other materials. Fences and walls are interchangeable for the purposes of this Section. a. 1711.1 Fence Installation as well as fence heights shall conform to the requirements of any subdivision deed restrictions or neighborhood association convents. These convents and deed restrictions shall supersede zoning resolutions pertaining to this section. Deed restriction information is available at the Allen County Recorder’s Office. b. 1711.2 All fences must be at least one (1) foot from the property line to allow for maintenance on both sides of the fence. c. 1711.3 No fence is to be constructed within an easement or road right-of-way. d. 1711.4 Fences must not obstruct sight of oncoming traffic. Fences may not be higher than thirty two inches (32”) within the Sight Triangle. See Appendix A-09, Illustration I. e. 1711.5 All fences are to be considered structures for the purpose of constructing or siting and shall be at a maximum height of four-(4) feet in height in any in residential district. The following exceptions to fence heights are listed below: i. Fencing constructed around patio area shall not be more than six-(6) feet in height. ii. Fences constructed as screens for privacy around the side(s) and / or rear perimeter of the property shall not exceed four-(4) feet in height. iii. No fence shall be erected nearer the street than the front of the fence owner’s house. iv. Decorative yard ornaments having some of the elements of a fence, but not serving the ordinary function of a fence, may be located as near as the road right-of way. Split rail posts and rails marking the front corners of a property, low stone walls surrounding a front porch or patio, and wood or stone retaining walls integrated into landscaping in a sloped yard are examples of decorative yard ornaments. v. In Agricultural Zoned Districts; fences are exempt from the regulations in this Resolution. vi. A security fence in manufacturing and commercial districts shall be at a height of a minimum of six-(6) feet and not to exceed nine (9) feet including the barbwire. Barbwire can project outward as long as the barbwire topper does not encroach past the property line. The security fence will be maintained in good condition and free of all advertising signs and other signs so as not to impair vision. vii. Barbed wire, razor wire, and similar materials, as well as electric fences, are not permitted in Residential Districts. f. 1711.6 All fences shall have the finished side facing outward. g. 1711.7 Fences do not require a Zoning Permit. 4. 1708.2 - Private Swimming Pools: a. No private swimming pool, exclusive of portable swimming pools with a diameter of less than twelve (12) feet or with an area of less than one hundred (100) square feet, shall be allowed in any residential district or commercial district except as an accessory use, and shall comply with the following requirements: b. The pool is intended to be used and is used solely for the enjoyment of the occupants of the property on which it is located and their guests; c. The pool may be located anywhere on the premises except in required front yards, provided that it shall not be located closer than fifteen (15) feet to any property line; and, d. The swimming pool or the entire property upon which it is located shall be walled or fenced in such a manner as to prevent uncontrolled access by children from the street and from adjacent properties. No such fence shall be less than six (6) feet in height, and it shall be maintained in good condition with a gate and lock. 5. Section 1715- Garage Sales- Garage sales, which for the purposes of this Section shall include yard sales, barn sales, and similar activities, may be permitted within any district in which dwellings are permitted. There may be two-(2) such sales at any location within a calendar year whether conducted by an individual, family, group, group of families, neighborhood organization, or community organization and shall not exceed three-(3) consecutive days. Adequate legal parking must be available and provided. Signs must conform to requirements of Section 1804.10. a. Township residents shall obtain a permit application at Shawnee Township Administration Building, Zoning Office or available on line by going to shawneetownship.com / zoning and completing a no cost application. This application is to be completed and returned to the Zoning Inspectors office via public mail, fax, hand delivered, or e-mailed one week prior to intended date of the sale. A copy of this application/permit shall be posted at the sale site and copy kept on file in the zoning inspector’s office for a period of one calendar year. b. For a group, group of families, neighborhood organization, or community organization only one (1) application will be required for each sale opportunity. BE IT RESOLVED….The Shawnee Township Zoning Commission submits these recommendations for text revisions to the Shawnee Township Trustees for review; and request this matter be set for a SECOND – PUBLIC HEARING. A motion to review the recommendations submitted by the Shawnee Township Zoning Commission was made by Mrs. Seddelmeyer, seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution # 78-15      Shawnee Township Zoning Commission submits to the Shawnee Township Board of Trustees their Recommendations for the Proposed Rezoning of 354 Residential Parcels Zoned as Agriculture to Current Land Use of either R-I or RI-H-Single Family Designation

WHEREAS…..On June 29, 2015 the Shawnee Township Zoning Commission conducted an open and public hearing at the Shawnee Township Administration Building, 2350 Ft. Amanda Road, Lima, Ohio for the purpose revising four-(4) articles of the Shawnee Township Zoning Text; as well as hearing the petitions for the rezoning of various residential parcels in Shawnee Township from Agriculture designation to R1, or RIH- Single Family designations to be consistent with current land use. WHEREAS…..The Shawnee Township Zoning Commission conducted a public hearing on June 29, 2015 to petition the following residential parcel rezoning recommendations: 1. Current zoning of the 43 parcels identified as SH-01-15, in Meadowlands Subdivision 1&2, does not reflect the current land use. The parcels meet Shawnee Township R-I zoning requirements, it is recommended that the zoning be changed from Agricultural (A) to R-I single-family. 2. Current zoning of the 1 parcel identified as SH-02-15, in Pond View Estates Subdivision, does not reflect the current land use. The parcel meets Shawnee Township R-I zoning requirements, it is recommended that the zoning be changed from Agricultural (A) to R-I single-family. 3. Current zoning of the 41 parcels identified as SH-03-15, in Amanda Lakes Subdivision, does not reflect current land use. The parcels meet the Shawnee Township R-I zoning requirements, it is recommended that the zoning be changed from Agricultural (A) to R-I single-family. 4. Current zoning of the 18 parcels identified as SH-04-15, in Fox Run Estates Subdivision, does not reflect the current land use and there are additionally four-(4)other parcels that do not meet Shawnee Township R-I zoning parcel “area requirements”, it is recommended that the zoning be changed from Agricultural (A) to R-IH single-family. 5. Current zoning of the 36 parcels identified as SH-05-15, in Breezewood Estates Subdivision, does not reflect current land use. The parcels meet Shawnee Township R-I zoning requirements, it is recommended that the zoning be changed from Agriculture (A) to R-I single-family. 6. Current zoning of the 179 parcels identified as SH-06-15 in Fairwood Estates Subdivision, does not reflect current land use. Because of insufficient parcel area and width, the parcels within Fairwood Estates 4, 5 and 6-A do not meet Shawnee Township A, R-I or R-II zoning requirements; thus, it is recommended that parcels within SH-06-15 and Fairwood Estates 4, 5 and 6-A be zoned as R-IH. In addition, because all other parcels within SH-06-15 (Fairwood Estates No. 1 Replat; Fairwood Estates No. 2 and No. 3; Masters Circle 1st, 2nd and 4th Additions) do not meet Shawnee Township Agricultural zoning requirements but meet R-I zoning requirements, it is recommended that the zoning be changed from Agricultural (A) to R-I single-family. 7. Current zoning of the 36 parcels identified as SH-07-15 in Timberland #2 and #3 Subdivision, does not reflect current land use. Because of insufficient parcel area, the parcels within SH-07-15 do not meet Shawnee Township A, R-I and R-II zoning requirements; thus, it is recommended that SH-07-15 be zoned R-I-H. BE IT RESOLVED….The Shawnee Township Zoning Commission submits these rezoning revisions and recommendations to the Shawnee Township Trustees for review; and request this matter be set for a SECOND – PUBLIC HEARING. A motion to review the recommendations submitted by the Shawnee Township Zoning Commission was made by Mrs. Seddelmeyer, seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution # 79-15      Accept Proposal from Pavement Technology, Inc.

Be it hereby resolved, the Shawnee Township Board of Trustees accepts the proposal from Pavement Technology, Inc., to apply Reclamite Asphalt Rejuvenator to the Shawnee Twp. Admin Parking Lot, at a cost of $10, 140.00, as attached. A motion by Mrs. Seddelmeyer to approve Resolution #79-15 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution # 80-15      Accept Resignation of Part-time Police Officer Troy Stevenson

Be it hereby resolved, the Shawnee Township Board of Trustees accepts Part-time Police Officer Troy Stevenson’s resignation; Mr. Stevenson’s last day of work shall be July 11, 2015. The Board of Trustees wishes to thank Troy for his dedication and service to Shawnee Township. A motion by Mrs. Seddelmeyer to approve Resolution #80-15 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution # 81-15      Chris Jordan returning from FMLA

 Whereas, Shawnee Township Board of Trustees authorized FMLA for Road Worker Chris Jordan, effective June 25, 2015; Whereas, Mr. Jordan’s request for FMLA was 6/25/2015 through 7/10/2015; Therefore be it resolved, Mr. Jordan’s FMLA shall end as of 7/10/2015. A motion by Mrs. Seddelmeyer to approve Resolution #81-15 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution # 82-15      Injury Leave-Matt Reaman

Be it hereby resolved, the Shawnee Township Board of Trustees authorizes injury leave for Matt Reaman as follows: June 22 24 Hours June 24 24 Hours June 29 3 Hours 51 Hours And be it further resolved, 51 hours will be credited to Mr. Reaman’s sick leave balance in order to correct the recorded absence. A motion by Mrs. Seddelmeyer to approve Resolution #82-15 was seconded by Mr. Holly, and the motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes Resolution

# 83-15       FMLA- Michelle VanMeter

Be it hereby resolved, the Shawnee Township Board of Trustees authorizes FMLA Leave for Administrative Assistant Michelle VanMeter, effective July 8th, in accordance with the Family Medical Leave Act. A motion by Mrs. Seddelmeyer to approve Resolution #83-15 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 June 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. The report is attached and made part of these minutes.

     Discussion: • Fire & EMS Response for June o EMS calls up from last year, 103 calls in 2014, 138 calls in 2015 o Overall calls up compared to previous years • Chief Truesdale does not recommend repairing LCD annunciator located in dispatch area, and will use what they have at the Fire Dept. Bldg. • Waiting on information from County Auditor, Rhonda Eddy

Police Department

     The Monthly Activity Report for June 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. Holly seconded, and the motion carried. The report is attached and made part of these minutes.

     Discussion: • Replacement for T. Stevenson o Background checks

Road Department

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

     Discussion: • Labor hours spent on ditch maintenance and brush pick-up • Responding to water drainage issues

Zoning Department

     The 2015 Bi-Annual Zoning Report as submitted by Zoning Inspector Mark Bishop was reviewed by the Board. Mrs. Seddelmeyer motioned for approval of the report, Mr. Holly seconded, and the motion carried. The report is attached and made part of these minutes.

      Discussion: • Zoning Permit Applications as of 6/30/2015: o 45 permits issued o Total projects: approx. $2.5 mil o Total amount received for permits, $5,176 • Demolitions o Two demolitions, and one pending • Complaints o Letter sent to T. Stewart, re: Zoning Violation  Mr. Stewart received letter 7/13/15, 30 days to comply. Instructed to move mound of dirt within property line, maintain setback.  Mr. Stewart has future plans to change zoning of his property from B-4 Commercial to R-2 Residential o J. Kreigel re: Wrong side of fence facing residents  30 days to comply o D. Foxvog re: Move vehicles and junk • Other ORC Violations-Grass/Junk/Debris/Vegetation/Junk Vehicles (Report attached)

 Cemetery

     Discussion: • June-Busy month. • Ohio Cemetery Association o Mausoleum crypts are burial spaces. ORC wording does not address purchase of mausoleums, only purchasing land for burials. o Stephanie waiting on opinion from Prosecutor’s Office as to the Township constructing a new mausoleum in the Shawnee Twp. Cemetery • Value of land lost due to county project. o Lost use appraisal o Possibly have county put in bike path o Trustee Holly to meet with county officials at next Cemetery Advisory Committee Meeting, Tues., July 21, at 5:30pm

COMMUNICATIONS  1. 2014 Drinking Water Consumer Confidence Report, City of Lima 2. Lima Building Dept.  Poggemeyer Design Group-Ft. Shawnee Industrial Dr. Project 3. Update- Ft. Shawnee Industrial Dr. Project. (Rain delaying project, Power Poles & Lighting, Drainage)

BILLS

Mrs. Seddelmeyer motioned 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, Mrs. Seddelmeyer motioned the meeting adjourn, Mr. Holly seconded, and the motion carried 3-0. Meeting adjourned at 8:08 p.m. Board of Trustees Regular Meeting held July 13, 2015