HARDING TOWNSHIP TRUSTEES March 9, 2015

HARDING TOWNSHIP TRUSTEES
March 9, 2015
The Trustees of Harding Township, Lucas County, Ohio met in regular session at the township hall at 7:00 p.m.
Present for roll call were Trustees Larry Buckenmeyer, Milton Keener, and Michael J. Martinez. Also present were
Rebecca P. Henderly, Fiscal Officer and Tom Farrow, Zoning Inspector. Terry Seidel of the Nature Conservancy
was in attendance and Nate Clevenz who rents property at 100 S Schwamberger Road attended the meeting as
well.
The Pledge of Allegiance was recited
Larry called on Terry Seidel. The trustees read a letter from Josh Knights the Executive Director of The Nature
Conservancy in Ohio. Larry asked what Nature’s future plans are in Harding Township. Terry stated they only buy
from willing sellers and they would like to purchase about 100 more acres in our township and presently they own
about 350 acres although Tom Farrow thought they owned more. Discussion held. Larry then read into the record a
letter from Joyce Brick asking the trustees for their support of the Clean Ohio Proposal and asked for the trustees for
their support for the acquisition and preservation of the Property by the Nature Conservancy. Larry stated Joyce
wants to sell 16 acres located 11205 Angola Road to Nature’s Conservancy. Further discussion held. Milton made
a motion to support the resolution 2015-011:
WHEREAS, The Nature Conservancy (“TNC”) has proposed acquiring certain property or portions of certain
properties, located in Harding Township, Lucas County Ohio and as depicted on the attached map as Parcel
#3235171 owned by Joyce Marie Brick with an address of 11205 Angola Rd., Swanton, OH 43558 with acreage of
exactly 16.000 acres hereto (the “Property”); and
Whereas, the property will provide long term protection for rare species and globally rare natural communities and
will contribute to the long term quality of life for the citizens of Harding Township by preserving open space and rural
character, The Harding Township Board of Trustees hereby expresses its support for the acquisition and
preservation of the Property by the Nature Conservancy.
Michael seconded. Roll call vote: All yes. Resolution 2015-011 passed.
Terry thanked the trustees and departed.
The minutes from the meeting on February 9, 2015 were read. Discussion held. Michael stated his middle initial is J
and not P. Michael made a motion to approve the minutes as amended and Milton seconded. Roll call vote all: All
yes.
Correspondence was read.
Larry called for Reports.
ZONINGZONING CERTIFICATES
#1501 13400 Old State Line; Julie Ingle-Above ground swimming pool and penalty
#1502 13400 Old State Line; Julie Ingle-New permanently sited manufactured home to replace fire
damaged home.
#1503 1455 Berkey; Kevin Lirot-New Residence
ZONING VIOLATION NOTICES -None issued
Items of Interest
10725 Angola, Badgett – Release of Judgment Lien Recorded #20150024-0006790
T20150005217 Copy sent to all elected officials.
11455 Angola, O’Brien, Gerald -- continues to be vacant. No “For-Sale” sign.
11659 Angola, Aton, Veronica (Susie) – Permanently in assisted living in Swanton. Home has
been appraised and is for sale.
14011 Angola, S & L Stark Properties LLC – Travel trailers on property was discussed at Jan.
Zoning Commission meeting; no resolution.
623 S Berkey Southern Rd, Andrea R Mitchell – Letter allegedly dated 2/2/’15 from Andy
Ranazzi of the Prosecutor’s office was “found” taped to door. Brad Stofcheck called. He said he
is the husband of Andria. He said he did not want any trouble and would move the Commercial
vehicle when the weather clears. Brad said that he never received a complaint but thought this
was about a dump truck that neighbor (James Marshall of 731 B/S) had hidden on his property.
Advised him to contact Prosecutor or a Trustee as he said he knew Larry Buckenmeyer.
13400 Old State Line Rd., Julie E Ingle – Issued Zoning Certificates. Fire damaged house has
been removed.
915 S. Raab, Small, Brian K. – Awaiting spring to move Misc. steel and engine blocks.
1
HARDING TOWNSHIP TRUSTEES
March 9, 2015-Continued
935 S Raab Rd, Bartolet Gloria J – No recent progress. The Zoning department is unable to
continue pursuing this matter. Discussion with Trustees to issue an updated Zoning Violation
and/or continue with litigation.
1139 S. Raab Rd, Reed, Gregory H Sr & Lula E – This parcel was formerly owned by Eugene
(Gene) Jeffries who was quite cooperative in controlling blight and squalor while Reed’s were
leasing the property. Now that the ownership has legally changed there is nothing that can be
done about the ever increasing blight.
100 S Schwamberger Rd, Anderson Thomas J Sr. – Blight continues. There is nothing more
that can be done by the Zoning department. Discussion will be held with the Trustees regarding
further action.
229 S. Schwamberger Rd, Hudson Estel W & Laurie A – Unable to determine why no building
permit was obtained and no progress is being made. There is no enforcement. The Sheriff
department inspected the premises and recommended that the Junk Yard License be renewed.
A follow up inspection was required but the results are unknown. The D/S told me verbally that
there was a fenced area inside the junk yard that is leased to R.J. Dzenis and the contents
thereof could not be inspected as this area is not part of the junk yard and was not subject to
inspection. I requested that the D/S ask to see the state code required C of O for the
commercial building. The D/S reported that they said they did not know what he was talking
about but asked if I asked him to ask that question. He advised them to contact Lucas County.
Again, no enforcement of existing codes and regulations. I mentioned that I would make a
zoning inspection and was advised by the D/S to do that only if proceeded by and accompanied
by a D/S.
1440 Wilkins Rd, Cloud David H & Denise J – Small shed has been removed. Starting large
barn removal. Awaiting better weather. I looked into available grants, attended a WSOS
meeting in Toledo and visited the Land Bank. No grants were found to be available.
1720 Wilkins Rd, DeRubeis, James – Met with Jim at the site. Plans on converting a
nonconforming residence to conforming by placing a breezeway to the existing detached garage
and converting the garage to living space with plumbing, electrical, etc. He and his wife plan to
live in the converted garage and their children’s family will live in the existing house. Potential
contractor was on site. I advised him to contact the health department as he will be adding
bedrooms. I advised him to contact building regulation to see if there would be any problems.
The existing parcel is pre-existing, nonconforming due to floor area and setback.
699 S Schwamberger Rd. Questioned if he could operate a wholesale slaughterhouse and feed lot
for 20 sheep and a small herd of cattle on this parcel. I advised him that there would be no
problem with zoning but he should contact the Health department.
Tom stated the next Zoning Commissioner meeting is March 17, 2015 Topics to discuss include
Certificate of Occupancy requirement placed in the Zoning Resolution so that it can be enforced by the
Township; requirements if any and if allowable for a slaughterhouse; continuing discussion on mother-inlaw suites. Tom stated new Z37-C32 manuals will be issued to the commissioners and then all the
elected officials, commissioners, and BZA members will have a hard copy.
Discussion held on pursuing a civil suit of the Bartolett property pursuant to Resolution 2014-042
adopted in November 2014. Milton made a motion and Michael seconded to contact attorney William
Eickholt to proceed with a civil suit against Bartolett so they become compliant with Harding Township
Zoning. Roll call vote: all yes. Larry will reach out to Mr. Eickholt and report back at our next meeting.
CEMETERY – Larry and Milton plowed the cemetery drive.
ROAD –Fiscal Officer read email from Sarah Rowland stating that the bids were opened 3/4/15 for the crack seal
program. WL Markers was the low bidder and they did the work last year. Harding Township cost came in at
$12,485. Sarah also stated that bids were also opened for Schwamberger Road. Crestline Paving was the low
bidder. The OPWC project total (paving work) came in at $318,435.20 and the overall total including the storm
sewer work that will be paid by the Storm Water Utility came to $369,868.20. The trustees are meeting with the LCE
office this Friday. Larry stated he ordered an additional 14 Ton of salt and we were able to procure the same price
we paid in 2014.
Larry stated that Greg and Cindy attended an OUPS Excavator seminar on March,3, 2015, at the Ramada Inn on
Secor Road.
OLD BUSINESS –discussion held on an amended budget.
Larry made a motion to accept Resolution 20150018 to amend the 2015 Harding Township Budget. The new budget is as follows: General Fund: $134,918.20;
Road Fund: $269,300, Cemetery Fund: $1,100; Fire and Rescue Fund: $28,100 and Permissive $525 and Motor
Vehicle -$500 for a total of $434,443.20. Milton seconded. Roll call vote; All yes.
2
HARDING TOWNSHIP TRUSTEES
March 9, 2015-Continued
NEW BUSINESS- the Fiscal Officer reported February Revenue was $21,116.09 and February Expenses
were $58,708.03. Payments for March to date were $7,395.82 and Revenue received was $7,740.16.
Fiscal Officer reported that she received an email from S & G #31 stating we needed to pay our bills as agreed to.
After researching she stated she responded with the dates paid and check numbers. The manager responded and
said going forward we must send a separate check for each invoice. Discussion held and we will be looking for
another gas station for fuel.
Larry called on Nate Clevenz. Nate inquired about information on signage and installing a fence at the property he
rents at 100 S Schwamberger Road and asked if he could get a copy of the zoning rules as Nate stated he told Tom
Anderson he needed to start cleaning up the property. He said Tom Anderson owns the property. Tom directed him
to the Harding Township Website or he could purchase a zoning book Discussion held. Nate thanked the trustees
and Nate departed.
The Fiscal Officer stated she talked with Lucas County Attorney John Borell regarding the Health Care
Reimbursement offered to our employees and the salaries received by the trustees and fiscal officer. She explained
to John that the elected officials took a 5% pay cut in order to keep the Health Care Reimbursement. Now that the
legality of the Health Care Reimbursement under the Affordable Care Act is being questioned, I asked John if the
trustees and fiscal officer could revert back to the maximum salary allowed based on our budget and could it be
retroactive to January 2015.
John stated the following: The Ohio Revised Code does not state that a trustee can take cut in salary. John stated
a trustee can take the allotted salary based on Harding Township’s budget and if they wish, they may return all or
part of the salary as a donation to the township. They would write off the donation on their taxes, but their W-2
would reflect the full amount they were paid. The appropriateness of any deduction is ultimately within the authority
of the IRD. He said their pay could be retroactive to the beginning of 2015.
He then stated The Ohio Revised Code does specifically allow the fiscal officer to take a pay cut and her salary
could be retroactive to the beginning of 2015 based on Harding Township’s budget.
With that the fiscal officer corrected the trustee and fiscal officer payroll and temporarily suspended the health care
reimbursement until the AOS issues a more detailed direction on this issue as Resolution 2015-016 was passed at
the February 9, 2015, meeting.
The fiscal officer reviewed the findings of the audit committee and Milton made a motion to accept Resolution 2015008 to accept the audit committee report. Seconded by Michael. Roll call vote: All yes.
There was no further business and Michael made a motion to adjourn and Milton seconded. Roll call vote all yes.
The meeting adjourned at 9:30 pm
_______________________________________,
Rebecca P. Henderly, Fiscal Officer
__________ ________________________________
Larry Buckenmeyer, Chair
_______________________________________,
Milton Keener, Trustee
__________________ ________________________
Michael Martinez, Trustee
3