James McGuire, Vice President Russell Back, Trustee Tracey Edward iscal Officer Attest: BOARD OF TRUSTEES JEFFERSON TOWNSHIP, MONTGOMERY COUNTY, OHIO RESOLUTION NO. 16-125 AUTHORIZATION GIVEN TO ADMINISTRATOR BY THE JEFFERSON TOWNSHIP TRUSTEES TO MAKE APPLICATION TO JOIN CLOUT The Board of Trustees of Jefferson Township, Montgomery County, Ohio met in regular session on the 20th day of December 2016 at 7:00 p.m. at the Township offices, located at One Business Park Drive, Dayton, Ohio with the following members present: Roy Mann X James McGuire X Russell Back X Trustee Back moved for the adoption of the following Resolution 16-125: WHEREAS, the Coalition of Large Ohio Urban Townships, herein to be known as "CLOUT", to provide input and practical solutions to the Ohio Township Association (OTA) on problems and issues affecting large and / or urban townships in Ohio; and WHEREAS, Jefferson Township, Montgomery County, State of Ohio, is eligible for membership in CLOUT with a population of 5,000 or more in the unincorporated area or with a budget of at least three million dollars; and WHEREAS, the Board of Trustees of Jefferson Township, by this resolution certify that Jefferson Township is applying to be a member of CLOUT. NOW, THEREFORE BE IT RESOLVED that the Jefferson Township Board of Trustees authorize the Township Administrator to make an application for the membership in "CLOUT", Coalition of Large Ohio Urban Townships before the end of 2016 for the membership fee of $200.00. Trustee McGuire seconded the motion and the roll was called on the question of its adoption. The vote was as follows: Roy Mann ( yes) James McGuire ( yes) Russell Back (yes ) Adopted: 20th day of December, 2016 Res. 16-125
Transcript
James McGuire, Vice President
Russell Back, Trustee
Tracey Edward iscal Officer Attest:
BOARD OF TRUSTEES JEFFERSON TOWNSHIP, MONTGOMERY COUNTY, OHIO
RESOLUTION NO. 16-125
AUTHORIZATION GIVEN TO ADMINISTRATOR BY THE JEFFERSON TOWNSHIP TRUSTEES TO MAKE APPLICATION TO JOIN CLOUT
The Board of Trustees of Jefferson Township, Montgomery County, Ohio met in regular session on the 20th day of December 2016 at 7:00 p.m. at the Township offices, located at One Business Park Drive, Dayton, Ohio with the following members present:
Roy Mann X James McGuire X Russell Back X
Trustee Back moved for the adoption of the following Resolution 16-125:
WHEREAS, the Coalition of Large Ohio Urban Townships, herein to be known as "CLOUT", to provide input and practical solutions to the Ohio Township Association (OTA) on problems and issues affecting large and / or urban townships in Ohio; and
WHEREAS, Jefferson Township, Montgomery County, State of Ohio, is eligible for membership in CLOUT with a population of 5,000 or more in the unincorporated area or with a budget of at least three million dollars; and
WHEREAS, the Board of Trustees of Jefferson Township, by this resolution certify that Jefferson Township is applying to be a member of CLOUT.
NOW, THEREFORE BE IT RESOLVED that the Jefferson Township Board of Trustees authorize the Township Administrator to make an application for the membership in "CLOUT", Coalition of Large Ohio Urban Townships before the end of 2016 for the membership fee of $200.00.
Trustee McGuire seconded the motion and the roll was called on the question of its adoption.
The vote was as follows: Roy Mann ( yes) James McGuire ( yes) Russell Back (yes )
Adopted: 20th day of December, 2016
Res. 16-125
CLOUT Membership 2016
CLOUT TOWNSHIP COUNTY REGION HOME RULE URBAN 2016 PD. Fairfield Township Butler Co. Southwest X X 200
Liberty Township Butler Co. Southwest X X 200
West Chester Township Butler Co. Southwest X X 200
Batavia Township Clermont Co. Southwest X X 200
Goshen Township Clermont Co. Southwest
Miami Township Clermont Co. Southwest X X 200
Pierce Township Clermont Co. Southwest
Union Township Clermont Co. Southwest X X
Olmsted Township Cuyahoga Co. East 200
Genoa Township Delaware Co. Central 200
Liberty Township Delaware Co. Central 200
Orange Township Delaware Co. Central 200
Perkins Township Erie Co. Northwest 200
Violet Township Fairfield Co. Central X X 200
Blendon Township Franklin Co. Central 200
Jefferson Township Franklin Co. Central 200
Madison Township Franklin Co. Central 200
Norwich Township Franklin Co. Central 200
Prairie Township Franklin Co. Central X X 200
Washington Township Franklin Co. Central 200
Bainbridge Township Geauga Co. East 200
Sugarcreek Township Greene Co. Southwest 200
Anderson Township Hamilton Co. Southwest X X 200
Colerain Township Hamilton Co. Southwest X X
Columbia Township Hamilton Co. Southwest X 200
Delhi Township Hamilton Co. Southwest X X 200
Green Township Hamilton Co. Southwest X X 200
Miami Township Hamilton Co. Southwest 200
Springfield Township Hamilton Co. Southwest X X 200
Sycamore Township Hamilton Co. Southwest X X
Symmes Township Hamilton Co. Southwest X 200
Concord Township Lake Co. East 200
Madison Township Lake Co. East 200
Painesville Township Lake Co. East 200
Perry Township Lake Co. East 200
Springfield Township Lucas Co. Northwest 200
Sylvania Township Lucas Co. Northwest X X 200
Austintown Township Mahoning Co. East 200
Boardman Township Mahoning Co. East X X 200
Bethel Township Miami Co. Northwest
Butler Township Montgomery Co. Southwest 200
Harrison Township Montgomery Co. Southwest 200
Miami Township Montgomery Co. Southwest 200
Washington Township Montgomery Co. Southwest X X 200
Jackson Township Stark Co. East X X 200
Lake Township Stark Co. East 200
Perry Township Stark Co. East X X 200
Plain Township Stark Co. East X X 200
Bath Township Summit Co. East 200
Copley Township Summit Co. East 200
Sagamore Hills Township Summit Co. East 200
Springfield Township Summit Co. East
Howland Township Trumbull Co. East X X 200
Liberty Township Trumbull Co. East X 200
Weathersfield Township Trumbull Co. East 200
Clearcreek Township Warren Co. Southwest X
Deerfield Township Warren Co. Southwest X X 200
Hamilton Township Warren Co. Southwest X 200
Perrysburg Township Wood Co. Northwest X --- - -
200 ..,.......
Bylaws of the Coalition of Large Urban Townships (CLOUT)
ARTICLE I
Name
The name of this committee shall be the Coalition of Large Ohio Urban Townships (CLOUT).
ARTICLE II
Mission Statement
To provide input and practical solutions to the Ohio Township Association (OTA) on problems and issues affecting large and/or urban townships in Ohio.
ARTICLE III
Membership and Funding
The criteria for participation in CLOUT is a minimum unincorporated population of 15,000 or minimum budget of three million dollars ($3,000,000). Participating townships shall pass a resolution by its board of township trustees to become a member of CLOUT and shall send a copy of such resolution to the OTA office. On, or after January 1, 2001, dues will be set at $200.00 and shall be paid annually prior to the OTA Winter Conference. The monies collected from CLOUT dues shall predominantly be used for the creation and funding of a litigation fund. Additional uses for the membership fee include: CLOUT mailings, committee meetings, and forums.
ARTICLE IV
Relationship with OTA
The OTA Board of Directors supports CLOUT and shall recognize such as an organization to serve as a committee within OTA. OTA shall provide the necessary staff support. The Chair of CLOUT may serve on the OTA Board of Directors as an "ex-officio" member, upon the approval of the President of the OTA.
ARTICLE V
Meetings
Section 1. At the OTA Winter Conference each year, an organizational meeting will be held to elect the Executive Committee. Thereafter, members of the Executive Committee will meet quarterly or at the call of the Chair. Notice of such meetings shall be given to all Executive Committee members at least two weeks prior to the scheduled meeting. The entire CLOUT membership will meet semi-annually at the OTA Winter and Summer conferences. Any business may be transacted at any meeting.
Section 2. The OTA shall notify Executive Committee members of the date, time and place of Executive committee meetings and shall notify all CLOUT members of the date, time and place of CLOUT membership meetings.
Section 3. At any meeting of the Executive Committee, a quorum shall consist of a majority of the members of the Executive Committee.
Section 4. Any action which may be taken at a meeting of the Executive Committee may be taken by a vote of a majority of the members present for recommendation to the full membership of CLOUT.
ARTICLE VI
Executive Committee
Section 1. The Executive Committee of this organization shall consist of nine (9) members consisting of three (3) members and one (1) alternate from each of three (3) regions of the State of Ohio: Northwest, Northeast and South, as described in the attached boundary map. Each region shall select its regional representatives and alternate to the Executive Committee. Only CLOUT townships may vote for Executive Committee members. Each township gets one (1) vote. The alternate shall serve as an ex-officio member and will have voting rights only when an Executive Committee member from his or her region is not present at an Executive Committee meeting. The purpose of the Executive Committee is to consider all issues pertinent to CLOUT for recommendation to the full CLOUT membership and, if appropriate, the OTA Board of Directors.
Section 2. A member shall serve until his or her successor has been appointed. Vacancies will be filled by the remaining voting members of that region. The organizational meeting of the entire CLOUT membership will occur at OTA's Winter Conference. At such time, the new Executive Committee will be seated and officers will be elected by the Executive Committee.
ARTICLE VII
Officers
Section 1. The officers of this committee shall be Chair and Vice Chair. The Executive Committee shall select the Chair and Vice Chair from its ranks.
Section 2. The Chair shall preside at all meetings of the members, may designate the date, time and place of meetings as provided herein, shall be the official spokesperson to OTA for the Committee and shall perform such other duties as the members may require. In the case of the absence or inability of the Chair to act, the Vice Chair shall perform the duties of the Chair.
Section 3. Staff of OTA shall serve as secretary and shall take and keep records of all meetings and perform other duties as the Executive Committee may request.
ARTICLE VIII
Subcommittees
The Chair may create subcommittees including members and/or persons to perform such duties as determined by the Executive Committee.
ARTICLE IX
Originally drafted January 1995. Amended February 9, 2001.
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Coalition of Large Ohio Urban Townships (CLOUT) 2016-2017 Executive Committee
EAST Mike Vaccaro Jackson Township Administrator / Stark County 5735 Wales Ave. N.W. Massillon, OH 44646 (330) 832-7416 ext. 2101 Office Email: [email protected]
Thomas Costello Boardman Township Trustee / Mahoning County 8299 Market Street Boardman, Ohio 44512 (330) 788-5051 Office (330) 501-1965 Cell Email: [email protected]
Helen Humphrys Copley Township Trustee / Summit County 1540 S. Cleveland - Massillon Road Copley, OH 44321-1908 (330) 666-1853 (330) 472-5013 Cell E-mail: [email protected] Lorrie Benza Alternate Bainbridge Township Trustee / Geauga County 17850 Geauga Lake Road Chagrin Falls, OH 44023 (216) 347-9630 Email: [email protected]
Jeff Ferrell Perkins Township Trustee / Erie County 2610 Columbus Avenue Sandusky, Ohio 44870-6411 (419) 609-1432 Office (419) 357-1461 Cell E-mail: [email protected] Andy Glenn Springfield Township Trustee / Lucas County 1125 Raymil Road Holland, OH 43528 (419) 779-7593 Email: [email protected]
John Crandall Sylvania Township Trustee / Lucas County 4927 Holland-Sylvania Road Sylvania Township, OH 43560 (419) 882-0031 Office (419) 250-8535 Cell E-mail: [email protected] Gary Boyle - Alternate Perkins Township Administrator / Erie County 2610 Columbus Ave. Sandusky, OH 44870 (419) 609-1435 Email: [email protected]
SOUTHWEST Vicky Earhart Anderson Township Administrator / Hamilton Co. 7850 Five Mile Road Anderson Township, OH 45230 (513) 688-8400 Email: [email protected]
Christine Matacic Liberty Township Trustee / Butler County 7162 Liberty Centre Drive, Suite A Liberty Township, OH 45069 (513) 779-2659 Home (513) 759-7500 Work (513) 652-2659 Cell Email: [email protected]
CENTRAL Frank Dantonio Genoa Township Trustee / Delaware County 5111 S. Old 3C Highway Westerville, OH 43082 (614) 568-2021 Office Email: [email protected] John Eisel Violet Township Director of Operations / Fairfield County 12970 Rustic Drive Pickerington, OH 43147 (614) 575-5556 E-mail: [email protected]
Tracy Hatmaker Prairie Township Administrator / Franklin County 23 Maple Drive Columbus, OH 43228 (614) 878-3317 E-mail: [email protected]
Sara Ott - Alternate Washington Township Administrator / Franklin County 6200 Eiterman Road Dublin, Ohio 43016 (614) 652-3929 Office (614) 226-3278 Cell E-mail: [email protected]
Coalition of Large Ohio Urban Townships ("CLOUT") A Committee of the Ohio Township Association
The Coalition of Large Ohio Urban Townships ("CLOUT') is a group of large, urban townships in Ohio that has formed a committee for the purpose of providing its members with a forum for the exchange of ideas and solutions for problems and issues related specifically to the governance of large, urban townships. CLOUT works jointly with the Ohio Township Association and seeks only legislation which would be permissive in nature so as not to pose a detriment to any of Ohio's 1,308 townships. Membership in CLOUT is limited to those townships having either a budget of over $3,000,000, or a population of 15,000 or more residents in the unincorporated area.
The Ohio Township Association acts on behalf of its members and CLOUT to secure from the General Assembly legislation which will enable township government to function more efficiently and to resist any effort that deprive townships of any rights, duties or privileges which they now possess. The Association accomplishes this by tracking legislation and educating members of the General Assembly on township issues.
2015 - 2016 LEGISLATIVE PRIORITIES the SB 5 negotiations. Specifically, township-owned land is being included in annexation petitions and the township has no grounds for objection due to the township not being classified as an owner pursuant to the law. Additionally, when property is annexed under R.C. §709.023 (Type II) the land is to remain in the township, allowing the township to always collect inside millage on the territory that was annexed. Unfortunately, municipalities are using tax increment financing (TIF) and other tax diversion programs to divert the inside millage away from the townships. The OTA and CLOUT respectfully request that language be added to R.C. §709.023 to expressly prohibit any diversion of funds from townships when land is annexed under this provision. Finally, current annexation law defines party or parties for Type I and Type III annexations, yet Type II annexations were excluded from the definition. The OTA and CLOUT request that R.C. §709.021 be amended to include Type II annexations when defining party or parties.
Example: 96.5 acres of land owned by Washington Township (Montgomery County), Centerville City Schools and Montgomery County annexed via Type II Expedited Annexation procedure. Yankee Development Group was the lone private property owner to sign off on the petition.
Protection of All Revenue Streams Any changes to state tax policy must be done with full consideration of the impact that such changes will have on township resources and delivery of services.
Townships receive the bulk of their revenue from local property taxes. Additional money is received from the gasoline and motor vehicle license taxes as well as local government fund money from the state. Other sources of revenue could include admission taxes, cigarette licensing taxes, public utility taxes and manufactured home taxes. Any changes to state tax policy must be done with full consideration of the impact that such changes will have on township resources and the resulting impact on services to the community.
Annexation Revise annexation laws (use of roads in annexation process, exclude township-owned land from property that can be included in petition and detachment by township of annexed land).
The annexation laws were greatly revised in the 124th General Assembly with the enactment of SB 5 and more recently with the adoption of HB 50 during the 129th General Assembly. However, experience has shown that the law needs additional refinement. CLOUT fully supports the OTA's request that the language in R.C. Chapter 709 be altered to reflect what was originally agreed to by all parties during
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Tax Increment Financing Give townships the same standing as schools in incorporated areas if township and city are still connected.
In HB 66, passed in the 126th General Assembly, changes were made to the TIF law to require counties to sign off on municipal TIFs, as county service levies will be directly impacted by the granting of TIF districts. The OTA and CLOUT strongly encourage the General Assembly to extend that same courtesy to townships when land lies within the township and the municipality, such is the case when land is annexed under R.C. §709.023.
Removal of Unsafe Buildings Amend R.C. §505.86 to require a public hearing and appeal process prior to ordering the removal of an unsafe or structurally defective structure. Additionally, clarify that `other structures" may be removed, repaired or secured by the township.
Townships, pursuant to R.C. §505.86, may provide for the removal, repair or securance of buildings or other structures that have been declared insecure, unsafe or structurally defective. While current law lays out a process for townships to follow, there is no specific mention of a public hearing or appeal of a board of trustee's decision prior to ordering the removal of a structure. Additionally, CLOUT requests a clarification to the section so that "other structures" may be removed, repaired or secured by the township. In R.C. §505.86(B) paragraph 1, the term "other structures" is included as something a township may provide for but that same language is not included in R.C. §505.86(B) paragraph 2, which permits a township to remove, repair or secure when found to be insecure, unsafe or structurally defective.
Speed Limits on Township Roads Permit townships to set their own speed limits.
Townships are not permitted to set speed limits on township roads. CLOUT, in conjunction with the OTA, proposes granting townships the authority to set speed limits on their roads with the approval of the county engineer. At the very least, this authority should be granted to those
townships that have adopted limited home rule authority under R.C. Chapter 504.
Prevailing Wage Thresholds Repeal prevailing wage law or increase the threshold to $250,000 for all projects, including road or right-of-way projects.
CLOUT is appreciative of the Legislature's decision to increase the threshold to $250,000 per project for construction and reconstruction/improvements. CLOUT respectfully requests that similar consideration be given to various road or right-of-way projects.
Subdivision Regulations Permit home rule townships to approve or reject all subdivision regulations within their jurisdiction. Townships should be able to adopt their own subdivision regulations or, at the very least, propose changes to plat and subdivision regulations. A clear voice in the process is needed.
The OTA and CLOUT strongly recommend giving townships that adopt home rule authority under R.C. Chapter 504 the permissive authority to approve or reject all subdivision regulations within their jurisdiction.
Building Codes Permit a home rule township enforcement authority of building codes.
In 2005, state law was amended to effectively eliminate the ability of a township to adopt and enforce an existing structures or residential building code if a county adopts one. At the very least, limited home rule townships should be granted the authority to adopt and enforce existing structure and residential building codes.
Joint Economic Development District 1JEDD) Clarifications Clarify existing JEDD laws to make it easier for communities to join together and permit all political subdivisions, not just those in charter counties, to use all types of JEDDs that are currently in the R.C.
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One way that townships and municipalities work together to foster development is in creating Joint Economic Development Districts (JEDDs). The use of a JEDD allows the land to remain in the township and the municipality to levy the income tax on businesses within the JEDD. The OTA and CLOUT recommend the legislature overhaul the current JEDD law to make it easier for political subdivisions to understand and utilize. Furthermore, we recommend permitting all political subdivisions, not just those in charter counties, to use all types of JEDDs that are currently in the Revised Code.
Cellular Towers Townships currently have the ability to regulate the placement of cellular towers in residentially zoned districts. CLOUT is seeking the authority to regulate the placement of all cellular towers within their respective jurisdictions, regardless of zoning classification. Additionally, townships should have the ability to require landscaping or require the aesthetically altering of towers when adjacent to residentially zoned areas. Townships should have the ability to require setbacks and that notification be given to township officials and all surrounding property owners within 500 feet of the property line where the tower is proposed to be located. Furthermore, townships should have the ability to require colocation of towers where at all possible. Ohio law should permit townships the ability to require cellular tower or other communication device owners to remove a tower or device once it becomes abandoned. Finally, a township should have the ability to place a temporary moratorium (up to six months) on the placement of cellular towers in order to implement appropriate changes to their zoning codes.
Abundant use of cellular telephones and other communication devices has prompted communication companies to search constantly for prime locations to enhance communications. Current language in the Telecommunications Act of 1996 and the Ohio Revised Code 519.211 tilts the scales in favor of the communications
providers and does not adequately address the long range plans for our communities, protect the public safety and welfare, and protect the value of neighborhood homes as well as safeguarding personal property rights. These are delicate balances. Townships currently have the authority to sight the placement of cellular towers within residentially zoned areas, however, more and more problems are arising with the placement of towers on land that is zoned for agriculture or mixed use.
Township Courts Permit a township to have their own court system or remove the language in the Ohio Revised Code that details which court a township must use.
An urban township, as defined by R.C. Chapter 504, is a township that has adopted limited home rule government and has at least 15,000 people in the unincorporated territory of the township. Today, Ohio has 21 urban townships that govern more than 616,000 Ohioans. Urban townships are larger in population than most cities and three times the population threshold (5,000) for a village to become a city. These townships have the sophistication and financial means to create and operate such a court or district. CLOUT and the OTA firmly believe that urban townships should have the authority to have a community court or partner with a municipality or another urban township for a joint judicial district.
General Welfare Zoning Permit townships to have true general welfare zoning, just like municipalities.
According to the last federal census, there was more growth in townships across Ohio than in cities. With growth comes the need for townships to have adequate planning and zoning tools available to help facilitate and manage the growth. Pursuant to R.C. Chapter 519, townships are given zoning authority. In the 125th General Assembly, the legislature gave and then took away broad authority for townships to pass zoning resolutions for the general welfare of the community, specifically in residential areas. Litigation has muddled the precise state of the law on this question. The OTA and CLOUT propose that townships
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be clearly given broader general welfare zoning authority to mirror municipal zoning authority. Additionally, all aspects of zoning, including enforcement, should be streamlined and more person friendly in their use.
Discharge of Firearms Permit townships that meet certain density requirements to place restrictions on the discharge of firearms in the densely populated areas.
Ohio's landscape is changing and the rural areas are fast becoming the center of the population shift in Ohio. There are approximately 22 townships in Ohio that have populations above 35,000 in the unincorporated area; 14 townships in Ohio that have populations between 25,000 and 34,999; and 29 townships with populations between 15,000 and 24,999. These population figures demonstrate that townships are not just the rural areas of vacant farm lands as they once were. Many Ohio townships have zoning regulations that permit up to two homes per acre, thus creating major safety concerns when a firearm is discharged. The OTA and CLOUT propose legislation that would put townships on equal footing as municipalities with language that would permit the adoption of firearm discharge regulations based upon population and density within the township.
Example: A deer blind was erected on private property in Anderson Township (Hamilton Co.), population 43,446. The blind was located on vacant land in a densely populated subdivision. Hunting was occurring less than 30 yards from a neighbor's home.
In a separate incident in the same Township, two hunters who had shot their prey and followed it until it dropped field dressed a deer at the main entrance to an affluent subdivision containing over 100 homes valued at over $350,000 each.
Highway Exit Signs Require ODOT to place the name of a township with a population greater than 5,000 on Exit signs from state and interstate routes, as a means of defining them as a place.
Highway exit signs generally list the city or village in which the exit is located or the nearest city or village to the exit. Cities and villages are listed, not townships, as the federal government does not recognize townships as a "place." However, ODOT districts have discretion as to the locations listed on the signs. CLOUT encourages ODOT to enact a statewide policy or the General Assembly to enact legislation requiring townships be considered as a place for the purposes oftighway exit signs. Consideration should be given to a requirement for such townships to request the placement of the sign and to bear the initial cost of placement of new signs or the initial replacement of existing panels.
Costs of Fire. EMS & Police Operations CLOUT recommends amending R.C. §5705.19(I) & (J) to specifically permit levy proceeds from fire, EMS and police levies to be used for "all related costs," which would include collective bargaining legal expenses.
The Ohio Attorney General opined that a township may not use revenues generated from a fire levy or a police levy for legal expenses incurred by the board to address collective bargaining issues involving township fire and police employees (2014-028). The result of this opinion is that townships will be forced to pay those costs attributed to fire, EMS and police services from their general funds, which, as previously stated, are severely depleted.
Example: In 2014, Jackson Township in Stark County had to use $16,758 of general fund money, instead of fire, police and EMS levy funds, to pay for attorney fees associated with collective bargaining, arbitrations, and labor issues.
