RECORD OF PROCEEDINGS MiImteltill

RECORD OF PROCEEDINGS

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_ _ _ _ _ _ _ _ T.:,.O::..:;WNSHIP BOARD OF TRUSTEES REGULAR MEETING

BEAR GRAPHICS 800-325-8094 FORM NO. 10148

Held September 22, 20 21

Trustee Hirt called the meeting to order at 6:00 PM. The Pledge of Allegiance was recited.

Roll call: Trustee Dress excused, Mr. Hirt, Ms. Rozak and Fiscal Officer Carolyn Adams present. Fiscal Office Assistant Susan Dress and Fire Chief Kahler were present. Mr. Hirt moved approval of the September 8th meeting minutes, Ms. Rozak seconded the motion, a[[

voted aye.

Correspondence Guardian Insurance election of Officers

Medicount EMS Bi[ling

Roads

• Sackett Cemetery 1 cremation burial and 1 full service burial

• Fence has been repaired at Township Park Property

• Mowing Road Right of Ways, maintaining parks and Township Bui[dings.

Administration building parking lot maintance quotes were reviewed.

Police

The September incident report indicates 222 calls for service were received to date. Chief Meis[er and Officer Mark Meis[er attended the West Harbor Boataminium Annua[ meeting.

Chief was asked to speak with them concerning many topics including Go[f Carts, loud music and noise complaints.

Chief Meis[er would like to bring back the Patrol Sergeants position. A[so advertise for a 24 hour a week part time Patrol Officer position.

Fire

Chief Kah[er gave an update on the New Fire Station construction.

Permits

09/20/21 Year to date

Tota[

EMS 56 620 741

Fire & Ems Run Details Fire MVC' Alarm

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3 0 6

32 14 64

'Motor Vehicle Crash(s)

" A[arm Activation(s)

"'Carbon Monoxide [nvestgation(s)

Zoning

CO'" Mutual Aid

0 0

5 6

To-date this month there has been ~ permit applications submitted/processed totaling

$972.72 collected in fees and BZA balances.

Board & Commission Activity The Board of Zoning Appeals -

The BZA held adjudication hearings September 15,2021 on the following cases:

a. BZA-2021-184

Approved as Presented

Minutes of Mcctin.g

TOWNSHIP BOARD OF TRUSTEES REGULAR MEETING

8EAfl ORAPHits- 800-3Zs.:a094 FoFi;\ifNQ 10148

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469 Church Road. Request for an Area Variance to Section 5.2.1.B to allow for an existing accessory structure (barn) to remain in the front-yard after a new single-family home is constructed. Bernard Knoble, Owner/Applicant; Brad Knoble, Agent.

b. BZA-2021-185 Partially

Approved/ Partially Denied

438 E. Bayshore Road - Castaway RV & Marina. Request for a Conditional Use in accordance with Section 3.5 & Section 4.15 for a 12-site expansion to an existing 18.278ac.

Recreational Camp. Area Variances requested to Sec. 4.15.2.C and Sec. 4.15.2.C to allow campsites to encroach into the required 45' west side-yard setback and 20' buffer (15' proposed). KLMN Properties, LLC/ Mark Somodi, Owner/Applicant.

c. BZA-2021-186

Approved as Presented

4816 E. Bayshore. Request for an Area Variance from Section 5.2.1.A.i to allow for a pole barn addition resulting in the cumulative square footage of all accessory structures to exceed the allowable 2,000s.f. (2,304s.f. proposed). Bobby & Triamjai Dawson, Owners/

Applicant.

d. BZA-2021-193

Approved as Presented

9094 Northshore Blvd., Lakeside Yacht. Request for an Area Variance from Section 6.4.1 and 6.4.3.B.i to allow for a wall sign to exceed the allowable square footage on a 45' wide building (90sJ. allowed/115.25s.f. proposed). MEJ, Inc. & Devon Ellis, Owner/ Applicant.

e. BZA-2021-194

Approved as Presented

161 Oak. Request for an Area Variance from Section 3.5 to allow for a porch addition to encroach into the west, front-yard setback (0.4" proposed/ 5' required). Marcia Steele &

Rustin Levenson, Owners/ Applicants; Feick Design Group, Agent.

f. BZA-2021-190

Approved as Presented

442 Peach. Request for Area Variances to Section 3.5 to allow a new single-family home to encroach into the north, side-yard setback (1.65' proposed/5' required), and the south, side- yard setback (2' proposed/3' required). Dale & Kristen Eiermann, Owner/Applicant.

The Zoning Commission -

The Zoning Commission is scheduled to meet October 6, 2021 at 6:30p.m. to hold their public hearing on the recommended changes for the Rezoning Study. Ottawa County Regional Planning Commission held their meeting on this September 21, 2021.

Department Updates

• None at this time.

Violations/ Complaints:

ILLEGAL RENTAL:

242 Worthy (!/legal Rental- Erie Shores Ventures) Monitoring

A Pre-Trial Hearing has been scheduled for 10.22.21 at 9:30a.m.

Prior Info: Certified Letter sent 04/26/21 to owners notifying them to cease & desist renting the duplex for less than 30 days as advertised. To-date the letter has not been claimed despite notice being left by the post office. It is due to be returned as unclaimed starting 05.12.21. Once it is returned, the property and owners' local residence will be posted with the notice. The properties were posted 05.13.21 and the owner called 05.14.21. Owner said they would correct the situation and remove the reservations from their website. As of 05.25.21 more complaints were received regarding the usage of the property and the website still needs work. Owner was called and told to get it done immediately. If we continue to get more complaints, then a citation may need to be issued with the Court. We continue to get calls and emails about this property. The owner has removed a large

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RECORD OF PROCEEDINGS

Minntes of Meetin!!

TOWNSHIP BOARD OF TRUSTEES REGULAR MEETING

BEAR GRAPH!CS 8O(}'325-08094 FORM NO. 10148

Held Septel'Rber 22, 20 21

portion of their online listing and indicated that a college-aged daughter of one of the other co-owners is occupying the one unit this summer while working locally. When the property was posted 05.13.21, there was no one in either of the units. Received another complaint from someone different indicating fisherman were on the property at the time the message was received. I immediately drove to the property to observe, and again, there was no one on the property. Dianne has received concerns too regarding this property and the noise.

The complainants have been advised to contact the police regarding noise. 06.18.21 Outreach has been made with the prosecutor's office. Conference call was held 06.21.21 with the Prosecutor's office to discuss next steps. We received email and phone call complaints again over the 4th of July weekend regarding the continued renting of the units at this property. Advised the complainants that it was actively being pursued with the County Prosecutor's office. Prosecutor's office was supposed to conduct a knock at the property the weekend of 07.1 0.21 but did not, so they are filing charges based on inquiries made on availability. Complaint was filed with Municipal Court on 07.20.21. Case # CRB2100684A. Arraignment Hearing scheduled for 08.18.2021 @ 8:30am. Received a phone call from Rich Gillum 08.06.21 who will apparently be representing the defendant and indicated that they may waive arraignment and ask for a bench trial. 08.12.21 Defendant entered written Not Guilty Plea, filed a request for discovery, to waive arraignment appearance and requested a pre-trial and jury. Arraignment for 08.18.21 was cancelled.

5644 E. Harbor Road (Illegal residence - Former Shepherd Canvas) Open

Property owner has yet to pick up their letter at the P.O. which has been available since 09.14.21.

Prior Info: This is not an illegal rental in the traditional sense of short-term. 09.01.21 the CBO and I inspected the former Shepherd Canvas per the request of a tenant. The shop at the back of the property has been converted illegally into an apartment. Certified letter was sent to the property owner 09.07.21.

ILLEGAL CAMPERSITRAILERS:

9438 E. Bayshore (Campground Expansion w/out approval- Somodi) Open

Owner was granted wI conditions a necessary Conditional Use to expand, but the variances were denied for the 6 campsites that encroach into the required setbacks.

Owner will need to be in contact to relocate the 6 sites and verify the number of units they have on the property to ensure it's in compliance with their license.

Prior Info: Certified letter was sent to property owner 07.30.21 and was delivered to the owner 08.04.21. Castaway Campground has expanded the campground by 12 RV sites without proper permits or BZA review. Owner called after receiving his letter and is scheduled to come in to discuss 08.10.21. The owner has filed a BZA application for the expansion to be on the BZA's September agenda.

JUNK & DEBRIS:

122 Strause (Junk & Debris, Junk Vehicles & Boat - Hurst)

Open .

Complaint received 09.13.21 regards the junk and debris on this property. Certified letter was sent to the property owner 09.17.21. I met with the Ottawa County Health Department that day also to determine if any joint effort could be taken on the condition of this property.

There are certain items they said that would kick EPA into joining in, but this property didn't have those items. Also, the OCHD representative said that they tend to be more willing to go after properties where someone is living on it as opposed to vacant and abandoned properties.

JUNK VEHICLES:

248 Erie Beach (Junk Vehicle - Richard) CLOSED

Bench trial was scheduled for September 13, 2021, at 3:30p.m. I arrived at the court at 3: 15p.m. and because the Asst. Prosecutor was there and Mr. Richard arrived early, they started the bench trial without me. The charges for the truck were dismissed and Mr.

Richard pled "No Contest" on the mini-van charge. The Judge apparently found him guilty

Minutes of Meeting ... """""';:m:;;;;;;:;-"""'~T;;O;;WNSHIP BOARD OF TRUSTEES REGULAR MEETING

BEAR GRAPHICS aOC>-325-aQ94 FORM NO 10148

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and waived $50 of the $100 fine. The Asst. Prosecutor told me the Judge was on him about not being current on his fines from an earlier charge for having more recreational vehicles on the property than allowed. This will likely be a reoccurring issue with this gentleman for recreational vehicles, misc. junk & debris and junk vehicles.

Prior Info: This is a repeat offense. A new compliant was filed with the Ottawa County Municipal Court on 07.29.21 for having 2 junk vehicles on the property. Case # CRB2100741A&B. Arraignment Hearing scheduled for 08.18.2021 @ 8:30am. A similar complaint was filed in 2020 but eventually dismissed because the vehicles were running at the time and moved from their stationary positions on the property. At the arraignment hearing 08.18.21, the owner pled Not Guilty which kicks the case into a bench trial before the Judge, to be held September 13,2021, at 3:30p.m.

TALL GRASS:

7522 E. Harbor Road (Tall Grass WadsworthlBresky

Open

Complaint received 09.15.21 regarding tall grass and weeds on this property. Certified letter sent to property owner 09.20.21.

6114 Port Clinton Eastern Rd. (Tall Grass Dlubak)

Open

Emailed complaint regarding tall weeds came in 09.14.21. Owner was called and said he'd take care of it the same week. As of 09.20.21 owner addressed the field portions of the property but not at the base of the dirt mounds. Letter will be sent to owner clarifying that more action is needed.

7426 E. Bayshore Road (Tall Grass - Smecker) Open

This property, the owner is deceased, and it's been going thru a foreclosure proceeding.

The bank's property management company was maintaining since we cut it in June and assessed it, but they suddenly stopped all maintenance. When I reached out to the company on 09.07.21 they replied that they no longer have this property in their system.

When I researched the court case proceedings, it appears as though it is going to go to sheriff auctionl property sales soon, but no set date has been made for that yet. I reached out to the attorney representing the bank also and have not heard from him. A resolution is enclosed for your consideration. Once passed, they will have 4 days to get the grass cut or we'll enter, cut it, and assess it again.

1935 Ellsworth (Tall Grass - Brown) CLOSED

Certified Letters were sent to parties of interest 09.09.21. Mr. Brown's was returned as undeliverable (obviously & expectedly.) His significant other has apparently moved since last sending a letter this summer because her letter is also being returned. A letter to his brother who is apparently not responsible for his brother's estate did accept the letter, so my hope is that he will reach out to whoever should be dealing with this. Nonetheless, the cut was ordered 09.14.21. Printy was scheduled to cut it the morning of 09.20.21.

Prior Info: This is the property where the owner in deceased, the family is not probating his property and it's not delinquent enough in taxes and will be an on-going issue for us.

We abated it back in June and said the most we would cut it is twice a year. Resolution is enclosed for your consideration.

2307 & 2308 S. Danbury Station Road (Tall Grass - Danchisen) Open

Grass has been cut as of 09.14.21, but the weeds around the house are still up to the windows. Owner picked up letter 09.14.21. 7-day reinspection will be 09.21.21 ..

Prior Info: Certified Letter sent to property owner 09.07.21. Grass is knee high.

7291 Applewood (Tall Grass - Huddleston) Open

Owner returned my call 09.13.21 and asked for an extension on the fence until the end of October. I called her back and left a message with her that I would give her until October 1, 2021 to deal with the fence and if an extension is needed longer than that, then I want

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RECORD OF PROCEEDINGS

Minntes of Meeting

=~=~~~=~-,T.,::O:.:.:WNSHIP BOARD OF TRUSTEES REGULAR MEETING

BEAR GRAPHICS 800-325-8094 FORM NO. 10148

Held September 22, 20 ?1

to speak to the person fixing/repairing her fence directly to have a better understanding of the timeframe they think they can get it taken care of and why it's taking so long.

Prior Info: Certified Letter sent 07.13.21. Being returned with no forwarding address.

Property was posted 07.21.21 because it was confirmed that a woman & child are living in the home. Will have until 07.28.21 to remove weeds & tall grass in rear yard. Letter also asked them to address their dilapidated fence. Occupant called 07.27.21 and stated she is on [and contract to purchase the property. Discussed getting the grass & weeds dealt with overthe weekend of 07.31.21 and will check back in by 08.06.21 to give her a chance to look into options for the fence. Upon reinspection 08.06.21, grass and weeds have all been addressed and there is a small dumpster on the property for other clean-up. Will recheck with occupant after Labor Day to see when fence repair will actually take place.

Contractor told her he couldn't do it for 3-4 weeks. Owner called 08.07.21 and [eft a message for her to return my ca[1.

CONSTRUCTION WITHOUT PERMITS:

8280 Gravel Bar (Deck wlout Permit - Hastings) Open

Brought to my attention 09.17.21 that the property owner constructed a rooftop deck on top of an existing boathouse without proper permits. Letter sent to the property owner 09.17.21.

9094 Northshore Blvd. (Wall Signage wlout Permit - Lakeside Yacht) CLOSED

Variance was granted at 09.15.21 BZA meeting. Owner will be able to get necessary permit 10.21.21.

Prior Info: Owner was contacted 08.17.21 about new wall signage added to the building without proper permits. Upon receiving their application, the signage exceeds what is allowed and a variance needs to be pursued. A[[ paperwork has been given to the owner to complete and submit. The owner has filed a BZA application for a variance and is scheduled to be on the BZA's September agenda.

Ms. Rozak introduced the following resolution and moved its adoption:

RESOLUTION NO. 26-2021

A RESOLUTION DECLARING THE PROPERTY OWNED BY DENNIS W. SMECKER, LOCATED AT

7426 E. BAYSHORE ROAD (PIN# 0141137515241000) IN DANBURY TOWNSHIP, OTTAWA COUNTY. OHIO.

A NUSIANCE AND ORDERING ABATEMENT PREAMBLE

WHEREAS, the Danbury Township Board of Trustees (the "Board") has found the property owned by Dennis W. Smecker, and located at 7426 E. Bayshore Road, (P[N#

0141137515241000), to be littered with weeds, debris and uncontrolled vegetation (the

"Vegetation and Debris"), exceeding 12", and; . WHEREAS, Ohio Revised Code Section 505.87 provides that, if the Board of Trustees 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 [and in the township constitutes a nuisance, at [east four (4) 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 [and owner and to any lienho[ders of record by first class mail;

and

Minutes of Meeting TOWNSHIP BOARD OF TRUSTEES REGULAR MEETING

BE.A,R GRAPHICS 800-32$-8094 FOAM NO 10146

Held September 22, 20 21

WHEREAS, On May 12, 2021 by Trustee Resolution 12-2020, the Board determined that the same landowner and land constituted a nuisance and the Property was subsequently abated by the Township and assessed to the tax duplicate in accordance with Ohio Revised Code Section 505.87; and

WHEREAS, it is in the best interests of Danbury Township (the "Township") and its residents to proceed under §505.87 of the Ohio Revised Code in order to remove, or have removed the Vegetation and Debris from the Property.

RESOLUTION NOW, THEREFORE, BE IT RESOLVED THAT:

The Board of Trustees of Danbury Township, Ottawa County, Ohio has found that the property owned by Dennis W. Smecker, and located at 7426 E. Bayshore Road, (PIN#

0141137515241000), in Danbury TownShip, Ottawa County, Ohio is littered with weeds, debris and uncontrolled vegetation, exceeding 12", and the Board hereby determines that the maintenance of the Vegetation and Debris on the Property constitutes a nuisance and, pursuant to §505.87 of the Ohio Revised Code, orders the following actions:

Section 1. The Board orders the owner of the Property to remove the Vegetation and Debris or make arrangements for the removal within four (4) days after receipt of notice of this Resolution;

Section 2. The Board authorizes the Zoning Inspector or their designee to notify the record owner and lienholders of the Property as provided in §505.87(B) of the Ohio Revised Code;

Section 3. If the record owner does not remove the Vegetation and Debris or make arrangements for the removal within four (4) days from the receipt of notice hereof, the Trustee deSignated as the Zoning Department liaison is authorized to order Township employees, or enter into contract with any persons with adequate materials and equipment to be used to remove and abate the Vegetation and Debris, and all costs and expenses so incurred shall, when approved by the Board, be paid out of the unappropriated monies in the general fund;

Section 4. The Fiscal Officer shall report all expenses that the Township incurs in the removal of the Vegetation and Debris to the Auditor of Ottawa County, Ohio for entry upon the tax duplicate as a lien upon the Property and for collection and reimbursement of the Township's general fund as provided in §505.87 of the Ohio Revised Code;

Section 5. This Board finds and determines that all formal actions of this Board concerning and relating to the passage of this Resolution were taken in open meetings of this Board, and that all deliberations of this Board that resulted in formal actions were taken in meetings open to the public, in compliance with all legal requirements, including but not limited to, Ohio Revised Code Section 121.22, except as otherwise permitted thereby.

This Resolution shall take effect and be in force from or after the earliest period allowed by law.

Ms. Rozak seconded the Resolution, and the roll being called upon the question of its adoption, the vote resulted as follows:

Vote Record: Ms. Rozak YES; Mr. Hirt YES ADOPTED this 22^nd day of September, 2021.

Fiscal Business

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RECORD OF PROCEEDINGS

Minutes of MeetinIY

___________ TOWNSHIP BOARD OF TRIISTEES REGULAR MEETING

BEAR GRAPHICS 800-32s-.ao94 FORM NO.1 0148

Held

A motion by Mr. Hirt and seconded by Ms. Rozak to approve the payroll and bills totaling

$55,827.91 or the period 9/9/21 - 9/22/21. Roll call was unanimous and motion carried.

There being no further business before the Board, Mr. Hirt moved and Ms. Rozak seconded a motion to adjourn at 7:00 p.m.

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Danbury Totnship Board of Trustees

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Minutes of Meeting TOWNSHIP BOARD OF TRUSTEES REGULAR MEETING

BEARORAPHICS ~32S:aQ9.4 FORMNO 10148

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