Minutes of Meeting, Oct. 13, 2015

On Oct. 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, Zoning Inspector Mark Bishop, Legal Advisor Clay Balyeat, Police Chief Mike Keith, and Fire Chief Todd Truesdale. Road Supt. Howard Gray and Cemetery Board Pres. Joe Hicks were absent.

APPROVAL OF THE MINUTES

Mrs. Seddelmeyer made a motion to approve the Minutes of the Regular Meeting held Sept 28, 2015, Mr. Holly seconded, and the motion carried 3-0.

FISCAL OFFICER’S REPORT

Financial Reports for Sept. 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: • Fund balances are in good status • Tax receipts in for the year. Real Estate Settlements close to estimates. TPPT receipts were 5% less than what was originally estimated by county auditor’s office. • Budget items in good status, other than Professional & Technical, Repairs & Maintenance in the Fire Dept. which are at 90%. Salaries are only at 57%, training at 43%, and operating is at 45%; tax collection and property & liability were less than what was budgeted; reallocate funds where needed.

LEGAL ADVISOR

Discussion: • Photos of Clarence Jones property at 1000 Daniels Avenue, Lima, Ohio. • Clay to peruse notice of demolition letter for compliance

Privilege of the Floor:      Derek Younkman, 101 N. Elizabeth St., 6th Floor, Lima, OH 45801

Mr. Younkman addressed the Board of Trustees stating he is representing Harry Baber, 3301 S. Dixie Highway, Lima Ohio regarding an issue that began back in April of this year involving Harry’s neighbor Tom Stewart. Derek said he read over prior Twp. Minutes and has concluded there were zoning violations and that the Township had issued a letter to Mr. Stewart to correct the issue, and that Mr. Stewart then hired Engineer Brad Core to draw up a plan to resolve the issue, which Derek said he just received today, and asked where the Trustees were at as to reviewing or approving the plan. Trustee Belton stated the mounds on Mr. Stewart’s property violated zoning and that the Township Trustees requested Mr. Stewart remove them, and that Mr. Stewart was granted an extension to get the work done. Mr. Belton said that Trustees would like to see Mr. Baber and Mr. Stewart resolve the issue further stating the matter is a civil issue. Derek mentioned he was concerned about the plans existing topography where there will be a 2ft. reduction of the mound and changing water flow. Mr. Belton suggested Derek talk to Brad Core about the plans. Another concern of Derek’s was if the Township were going to permit Mr. Stewart to build a new pole barn on his property if Mr. Stewart was still in violation of zoning regulations. Mr. Belton informed Derek that the matter is going before the Township Zoning Board of Appeals at a Variance Hearing on next Tues., and that further appeal would go before the Allen County Court of Appeals.

TRUSTEES BUSINESS

Resolution # 113-15       Enter into Agreement with Emeritech

BE IT HEREBY RESOLVED, the Shawnee Township Board of Trustees hereby agrees to enter into an Agreement between Emergitech, Inc. 2545 Farmers Dr., Suite 250, Columbus, Ohio 43235 and the Shawnee Township Fire Department for Emergitech Software, SaaS System and Set-up, plus annual fees,at a cost of $2,318.00 the first year as per the attached agreement. A motion by Mrs. Seddelmeyer to approve Resolution #113-15 was seconded by Mr. Holly. Motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution # 114-15       Enter into Agreement with Kohli and Kaliher for Amblewood Drainage Study and Plans

BE IT RESOLVED, the Shawnee Township Board of Trustees hereby enters into the attached agreement with Kohli and Kaliher for a Drainage Study of Amblewood Circle and the development of a plan to remedy the situation at a cost not to exceed $7,800.00. (See attachment) A motion by Mrs. Seddelmeyer to approve Resolution #114-15 was seconded by Mr. Holly. Motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution # 115-15      Acceptance of Resignation of Travis Hackworth

BE IT RESOLVED, the Shawnee Township Board of Trustees hereby accepts the resignation of Full-time Police Officer Travis Hackworth effective October 1, 2015. A motion by Mrs. Seddelmeyer to approve Resolution #115-15 was seconded by Mr. Holly. Motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

Resolution #116-15      Declaration of Public Nuisance and Order of Abatement/Demolition to Residential Structure

WHEREAS….in accordance with Shawnee Township Resolution 109-14 (Declaration of Public Nuisance and Ordering Abatement and Demolition) The residence of 1000 Daniels Avenue; Tax Parcel No. L35-46-0206-09-001.000; is owned by Mr. Clarence L Jones and Linda L. Jones residing at 2150 West Hume Road, Lima, Ohio 45806. WHEREAS….On June 13, 2014 the residence of 1000 Daniels Avenue was declared a public nuisance due to uncontrolled vegetation in accordance with Resolution 61-14 on June 9, 2014. WHEREAS….On October 14, 2014 in accordance with ORC 505.86 the Shawnee Township Fire Chief declared the property unsecure, a fire hazard and health risk, therefore deeming the structure as “No Entry” property for fire personnel. The Allen County Public Health District was contacted concerning the dangers and conditions of the property. WHEREAS….The Allen County Public Health sent notifications to the above mentioned property/lien holders on July 9, 2014 and July 30, 2014 notifying the parties as to the deteriorating conditions of the properties and issuing the statement to resolve the conditions and bring the properties up to code or face razing the property. WHEREAS….On August 8, 2014 the Allen County Public Health District held a public hearing concerning the conditions of the properties an with no response or representative from the property owner, declared the structure at 1000 DANIELS AVENUE, LIMA, OHIO, unfit for human habitation and a public nuisance. WHEREAS….The property at 1000 Daniels Avenue remains a Public Nuisance, a safety risk, and a health hazard. Under the power and authority of the Ohio Revised Code, Section 505.86 for the Removal, Repair or Securing of Unsafe Buildings and Structures; the Board of Trustees ordered the structure removed and declared it an emergency. WHEREAS….It was resolved that the Shawnee Board of Trustees in accordance with ORC 505.86 Section (B) determined an emergency existed in the deteriorated conditions of the structure on the property where a fire and health risk is present, and therefore the Board of Trustees declared that order notification to be posted on the structure in lieu of certified mail, and the owner had been notified several times by the Allen County Public Health and Shawnee Township on numerous occasions. In accordance with the ORC 505.86 Section (B) the structure of 1000 Daniels Avenue, Lima, Ohio was ordered by the Shawnee Board of Trustees to be demolished after 15 days from the date of this resolution, being on or before the 30th day of October 2014. The order was to be conveyed to any future property owner and or lien holder from that day forward. WHEREAS…. In accordance with ORC 505.86 –Section C(1), the Shawnee Township Fiscal Officer is to certify the cost of the demolition, to the Allen County Auditor to be placed upon the tax duplicate. Further, any conditions still existing at the time of demolition with regards to ORC 505.87 for debris, garbage, and or vegetation, shall be remedied in accordance with ORC 505.87 by the Shawnee Township Board of Trustees and or any contractor employed by the board. This resolution was adopted October 14, 2014. WHEREAS….From August 8, 2014 to January 26, 2015 the structure located at 1000 Daniels Avenue, Lima, Ohio was not demolished and remained structurally unsecured, windows open to elements, a fire hazard, and a health and safety risk to the residents of Shawnee Township. WHEREAS….On March 13, 2015 The Allen County Public Health Department conducted a secondary inspection of the residence of 1000 Daniels Avenue, Lima, Ohio which is owned my Clarence L. and Linda L. Jones, of 2150 West Hume Road, Lima, Ohio. In a letter sent from the Allen County Health Department to Mr. & Mrs. Jones that results of this inspection found that the residence of 1000 Daniels Avenue as structurally unsecured, no power to operate utilities, unsecured windows and openings to allow for vermin to enter, broken windows, decaying eves and siding and animals burrowing under the structure. On April 10th, 2015 As a result of the inspection based on observations from Allen County Board of Health and Shawnee Township Zoning Inspector at this hearing, the structure of 1000 Daniels Avenue, Lima, Ohio remained unfit for human habitation and declared a public nuisance by the Allen County Board of Health under the authority of ORC: 3709.21. Mr. Clarence Jones reported to Mr. William Kelly on April 20th, 2015 of his intent to appeal the decision, based on assurances the structure would be repaired and made habitable. WHEREAS….From April 10th, 2015 to May 11, 2015 No Appeal was filed with the Allen County Common Pleas Court from Clarence and Linda Jones, of 2150 W. Hume Road, Lima, Ohio 45806 concerning the property located at 1000 Daniels Avenue, Lima, Ohio. During this time there was allegations that unknown individuals were working inside making repairs, however several attempts by the zoning inspector making unannounced site visits, and leaving business cards posted on front door to contact Shawnee Township were unsuccessful. No evidence if repairs was observed, and junk and debris was found laying in living room. Windows remained open to first and second floor, power lines were cut to the residence, mold was evident on walls in kitchen, and large amount of uncut grass and vegetation present. WHEREAS….On May 11, 2015 Resolution #54-15 a Declaration of Public Nuisance and Ordering Abatement was presented before the Shawnee Township Trustees during regular meeting. The Trustees found that based on the letters sent from the Board of Heath, Inspection of the Shawnee Township Fire Department (Finding the structure unsafe and no entry order), and testimony and photographic evidence of the Shawnee Township Zoning Inspector that the structure at 1000 Daniels Avenue was unfit for human habitation and declared a public nuisance and abatement ordered consistent with ORC:505.86. WHEREAS….On July 14th, 2015 a letter was sent by Certified Mail (7013-3020-0000-7444-3954) on July 15th, 2015 placing Clarence & Linda Jones of 2150 West Hume Road, Lima, Ohio on notice that the structure located at 1000 Daniels Avenue, Lima, Ohio (L35-46-0206-09-001-000) was declared a Public Nuisance and Ordered Abatement. In accordance with ORC 505.86 Mr. & Mrs. Jones were advised of the intent of the Shawnee Township Trustees to raze / demolish the structure. Mr. & Mrs. Jones were provided 30 days to facilitate repairs to make the structure habitable and to code or demolition process would be initiated. WHEREAS….On August 10th, 2015 Mr. Kevin Jones, Son of Clarence and Linda Jones, of 2150 West Hume Road, Lima, Ohio appeared before the Shawnee Township Board of Trustees during the open and public monthly trustee meeting. Mr. Kevin Jones, having permission of the floor acknowledged receipt of correspondence letter on July 17th, 2015, whereas Clarence L. and Linda L. Jones had 30 days to bring said residence of 1000 Daniels Avenue, Lima, Ohio into compliance with Shawnee Township Fire Code, and Allen County Health Code. This deadline would have been on August 18, 2015, at which time if repairs were not completed and residence did not pass fire and health inspection said residence of 1000 Daniels Avenue would be abated and demolished. Mr. Kevin Jones provided mitigating circumstances, and respectfully requested a time extension to facilitate repairs to the structure of 1000 Daniels Avenue to bring it into code standard. Having shown good cause, the Shawnee Township Board of Trustees by motion did approve a time extension for completion of repairs. The time was extended for repairs to: Thursday, October 1, 2015. WHEREAS….On September 21, 2015 and October 2nd, 2015 Shawnee Township Zoning Inspector conducted site visits to review any repairs being made to the structure of 1000 Daniels Avenue, Lima, Ohio. On October 2, 2015 during site inspection, the Shawnee Township Zoning Inspector found the following during inspection of 1000 Daniels Avenue, Lima, Ohio. • Uncontrolled Overgrowth Vegetation to North, South, and West side of residence. • Red Dodge Pick-Up Truck with open and unsecured windows located in front yard parked over 45 days having trash and debris in truck bed. • East and South facing windows on first and second floor open (Open Several Months) • Eaves collapsing on East side of Structure • Power lines cut leading to the structure • No power to actual structure, and no service per AEP Power Company. • Observations looking in window on front porch the kitchen walls have black mold growing. • Strong odor of mold and mildew emanating from structure • Under hangs have collapsed on west side of structure • Broken windows • Vermin burrowing under structure. Based on observations, site visits, and evidence gathered that no repairs were made nor attempted at the structure of 1000 Daniels Avenue, Lima, Ohio. WHEREAS….In accordance with ORC 505:86 the Shawnee Township Fire Chief declared the structure of 1000 Daniels Avenue as unsecured property, a fire hazard, health risk and placing a no entry order. Allen County Public Health on two separate meetings and reports found the structure as “unfit for human habitation” and declared the structure as a public nuisance. Clarence L. Jones and Linda L. Jones did not appeal the decision of the Allen County Board of Health’s decision. The structure of 1000 Daniels Avenue has been determined to be a Public Nuisance and Ordered Abatement in resolutions # 109-14 (October 14, 2014) and #54-15 (May 11, 2015) by the Shawnee Township Board of Trustees. As of October 2, 2015 the structure at 1000 Daniels Avenue, Lima, Ohio remains to be a Public Nuisance, a safety risk, fire hazard and poses a risk to the safety of the residence of Shawnee Township. FURTHER BE IT RESOLVED….The Shawnee Township Board of Trustees in accordance with ORC 505.86 Section (B), determines that an EMERGENCY exists in the deteriorated conditions of the structure on the property of 1000 Daniels Avenue, where a fire, safety and health risk are present. Therefore the Board of Trustees for Shawnee Township orders notification to be posted on the structure as well as certified mail to Clarence and Linda Jones, that in accordance with 505.86 Section (B) the structure at 1000 Daniels Avenue is ORDERED by the Board of Trustees to be DEMOLISHED after 15-Fifteen days from the date of this resolution being passed, being on or after OCTOBER 28, 2015. This order shall be conveyed to any future property owner and lien holder from this day forward. FURTHER BE IT RESOLVED….The Shawnee Township Board of Trustees has dealt with this public nuisance and abatement to the property issue for (16) sixteen months. The Board of Trustees has provide Mr. & Mrs. Jones every reasonable attempt to make repairs to the structure, make the structure fit for human habitation and bring the electrical, gas, and other utility codes into compliance. The Board finds that these multiple delays filed by the owner of the property has failed to correct the deficiencies. FURTHER, in accordance with ORC 505.86 Section (C)- the Shawnee Township Fiscal Officer shall certify the total cost of the demolition, to the Allen County Auditor to be placed upon the tax duplicate. FURTHER, any conditions still existing at the time of demolition with regards to ORC 505.87 (Uncontrolled Vegetation, Debris, Junk, Garbage) shall be remedied in accordance with ORC 505.87 by the Shawnee Township Board of Trustees and/or contractor employed by the Board. A motion by Mrs. Seddelmeyer to approve Resolution #116-15 was seconded by Mr. Holly. Motion carried 3-0. Roll Call: Mr. Belton, yes Mr. Holly, Yes Mrs. Seddelmeyer, yes

DEPARTMENTAL BUSINESS

Fire Department

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

Discussion: • Busy month with 139 calls for service. 2014 stats 1093 calls compared to 1242 calls year-to date. 60% increase in calls since 2009 with same manpower. • Finishing up INEOS Training and ACLS Training. Other training scheduled. • Fall hydrant checks to be completed by end of 1st week in Nov.

Police Department

The Monthly Activity Report for Sept. 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: • Accidents up 112%. Citations up. • Background check for hiring Part-time Officer • Interviews for Full-time Officer • Changes in personnel to take effect next week Road Department Discussion: • Brush pick-up ending Oct. 23rd. • Fall Clean-up, Sat., Oct 17, 8-2pm

Zoning Department

The Zoning Report for Sept. 2015 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: • 24 Permits • Value of Twp. Construction 3.9 mil • Permit fees: $1,108 • Residential abatements • Variance Hearings • Application for sign-Arbys • Beer Barrell to build small building (right-of-way variance) • Vehicle Complaints (Breese Rd.)

Cemetery

Discussion: • The cemetery board thanked the Board and Trent for doing such a nice job in mowing and cleaning up cemetery grounds.

 COMMUNICATIONS  1. CAUV Public Meeting-Oct 21st, OSU Campus Reed Hall 2. Oct. 22nd - Health Dept. Meeting @7pm 3. Allen County Auditor Assessments  4. Ohio Township Trustees & Fiscal Officers Meeting, Marion Twp., Oct. 15 @7:30pm  5. Jane Wright, County Auditor’s Office retiring end of the year. Job posting on website  6. Meet with John Husted, Ohio Secretary of State, Wed., Oct. 14th  7. Shawnee School Business Committee Meeting, Wed., Oct. 14th

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 7:37p.m.