Council members hear appeal from local business owner

Hillsboro City Council members heard an appeal from a local business owner on a code violation citation and received an update on city infrastructure projects during their regular February meeting, Monday evening.

Michael Morgan, owner of M&M Swap Shop on West Main Street and owner of three total properties on the street, gave an appeal after receiving a letter detailing city ordinance violations on his property, along with a noise complaint on a dog on the property.

Morgan distributed binders with photos and information to each council member and to city administrators prior to his presentation and asked to have council member Ann Morris abstain from any consideration on the matter, as he said that she and other neighbors have made numerous complaints on his business.

Morgan shared information on the cleanup process on the buildings he purchased on West Main Street, explaining that he has worked to improve the properties.

"We took dump truck loads out of rubble, plus countless loads of lumber and plaster," Morgan said. "Every roof leaked. There was no insulation, no plumbing and gaping holes in the back building."

Morgan said that he has replaced roofing and done tuck pointing, painting and many other improvements, along with cleaning out debris, "drug paraphernalia" and "dead animals."

However, Morgan told council members he has been "stopped several times by the city" during the renovations. Morgan said renovations were delayed this winter because the city took "three to four weeks" to issue a building permit. On another building, he was stopped for not having a permit, even though one had already been filed.

The city also stopped Morgan for parking a trailer with lumber in front of his building. Morgan said that he ultimately decided to close for a month to work on remodeling, but that he lost "four to five days of work" from the interruptions.

Morgan said the city also has come to his shop several times over complaints on having items on the sidewalks. According to Morgan, safety and service director Todd Wilkin said that the shop could promote merchandise on the sidewalk if it was in a neat display, "but a few days later, they got a call again and I had to stop."

"I try to grin and bear it, but it's starting to get ridiculous," Morgan said. "I have lost weeks, maybe months, dealing with stuff like this.

"I just want to be left alone … If I don't succeed, I'd like to be able to blame it on myself, not all these other issues."

Morgan did tell council members that he felt that he was in violation of the vehicle ordinance, with a truck on the property needing an oil pump. Morgan referred council members to the binder of photos, pointing out photos of areas under his neighbors' jurisdiction that he was warned about instead, and said that he has cleaned up areas on his property as requested by the city.

In comparison, Morgan also showed photos of other properties within the city "worse than" his building.

"There's a lot worse issues around town than me," Morgan said. "I try to fix my buildings up. I try to keep them clean."

Council president Lee Koogler allowed Wilkin to respond to Morgan's statement.

"This past year, we dealt with 112 properties with nuisances, with code violations, you name it," Wilkin said. "I can tell you with all sincerity and honesty, I would say 75 percent of these properties that you have taken pictures of, we are already dealing with the owners."

Wilkin said that most of the ordinances referenced in the letter to Morgan are not new, and the city has "made great strides to enforce them around town."

According to Wilkin, the city has dealt with numerous complaints on the business for the past two years, starting with having appliances on the sidewalk in front of the shop.

"When I get multiple complaints, I respond to it," Wilkin said. "We've been dealing with these scenarios for two years related to and about your business."

Wilkin also addressed Morgan's records request to the city for a list of complaints related to the business.

"When you come up to City Hall and say 'I need a list of complaints and who's complaining,' I will tell you this: I've been to Rotary twice," Wilkin said. "Afterwards, I'll have Rotarians come up to me and complain about properties. It's happened. They don't come to City Hall and make their request directly at City Hall and it's written down.

"The request could be a phone call I get. The request could be in passing on the street. The request could be at a Rotary meeting. Mike, when I say I get complaints, it's not necessarily coming from one source. I get complaints."

Wilkin thanked Morgan for the binder of photos and assured him that the city would be looking into the 25 percent of properties not already contacted regarding ordinance violations.

Hillsboro mayor Drew Hastings also responded to Morgan, saying that he cares about how the city and especially the uptown district look, for the sake of prospective businesses.

"I'm tasked with how this city is going to look or not look," Hastings said. "One of my concerns and interest is always in making this city look a lot better so we can attract businesses and jobs. That's ultimately all I care about.

"I know it's easy for you to think you're being picked on, but you're not. There's 112 of these [instances]."

Koogler asked Wilkin if Morgan had addressed all of the ordinance violations in the letter, and Wilkin indicated that he had. Koogler said that the only real issue still at hand was the issue of the dog on the property.

Morgan said that the watchdog has been on the property "for three years, with no complaints." He said he has called the police several times over incidents at the shop due to not having a watchdog on the property.

"The only time he barks is when someone's on our property," Morgan said. "I got my windshield busted out, we found drug paraphernalia out back. We've had stuff stolen out back that we had sitting out."

Koogler told Morgan that "we're at a point tonight where I really think before I make a decision, I would need to know more about it."

Koogler placed the dog issue in committee, assigning it to Justin Harsha, chair of the streets and safety committee.

• • •

Wilkin updated council members on a number of upcoming projects, primarily involving city infrastructure.

The Glenn Street water loop project began Monday and is expected to last 60 days. City workers are also working to prepare utility lines for beginning of the Hobart-Carl Smith Drive project, including moving "several water and sewer lines," with "other contractors working on gas lines and telecommunications lines," Wilkin said.

Several other street and sidewalk projects are in development. The city and the North High Street Pizza Hut are in negotiations over purchasing the right-of-way to build a right turn lane at the intersection of North High Street and Harry Sauner Road. The city has also been awarded $302,000 in Ohio Public Works Commission grant funding and is allocating an additional $102,000 for sidewalks, curbs, gutters, pavement and a storm sewer system on North East Street.

Wilkin said that the city will also start another project in the next few weeks from an Ohio Department of Transportation grant, which "pays for all of our light signals in town to ensure all the lights are sequenced properly with all other lights in town." The grant will pay for any needed repairs to lights and signals. Wilkin said that through the traffic study, the city will also "review all lights intersections to see if a traffic light is warranted," both for intersections with existing lights and ones that do not currently have a traffic light but may need one.

Wilkin also announced that the city is accepting automatic withdrawal payments for water and sewer bills on a limited basis and will have an Automated Clearing House payment option available for all citizens in the near future.

Wilkin introduced two pieces of legislation, both resolutions authorizing city administration to apply for grants.

Council members voted 7-0 to suspend the three-reading rule and to approve a resolution authorizing the mayor to prepare and submit an application to participate in the Ohio Division of Natural Resources’ 2015 NatureWorks Grant Program and to execute contracts as required.

If awarded, the ODNR grant would be used for improvements to Liberty Park, Wilkin said.

"The total funds available for this grant are $49,000," Wilkin said. "We are looking to install more picnic tables, more benches, a dog park, another shelter house and new playground equipment."

Wilkin also added that the city has informed Shaffer Park director Bruce Davis that the city "has included money in the budget for 2015 to go toward revamping Dick Shaffer Park."

Council members then voted 7-0 to suspend the three-reading rule and to approve and adopt a resolution authorizing the mayor to prepare and submit an application to participate in the Ohio Department Of Transportation’s 2015 Small City Program and to execute contracts as required.

The ODOT grant would allow the city to widen the east end of Harry Sauner Road to include a center turn lane and to install new curbs and gutters, Wilkin said.

• • •

Finance committee chair Dick Donley reported on a meeting held earlier on Monday evening to consider the lodging tax. Committee members, along with fellow council members and administrators in attendance, heard from Visitors Bureau of Highland County director Bob Lambert. Donley reported that Lambert presented a proposed visitors' bureau budget to the finance committee.

"He was wanting a little more money from the city for the visitors' bureau," Donley said.

Donley said that after a lengthy discussion, the committee elected to meet with city law director Fred Beery for further information on the "legality" of the issue.

The finance committee will meet again to consider the lodging tax and also plans to schedule a meeting to consider bringing wi-fi services to Hillsboro as presented by Hastings in the January council meeting.

• • •

Harsha updated council members on a recent meeting on the proposed "meth house" legislation and summarized the several different topics presented by local landlords and Realtors in attendance. Harsha told Koogler that the committee will meet again to discuss the legislation before the March council meeting. (For more information on this meeting, go to http://highlandcountypress.com/main.asp?SectionID=2&SubSectionID=73&ArticleID=26011.)

• • •

In other action, council members passed the following resolutions, each by a 7-0 vote:

• A resolution to increase appropriations in the Wastewater Improvement Fund by $150,000 to cover anticipated costs of wastewater treatment plant arbitration.

• A resolution to authorize the lease/purchase agreement for the following listed equipment: two police utility interceptors, with lease payments not to exceed $24,000 per year for a period of three years; one tractor and mowing equipment, with lease payments not to exceed $20,000 per year for a period of five years; and one jet vac truck, with lease payments not to exceed $29,000 per year for a period of seven years.

City auditor Gary Lewis noted that these are "standard replacements" for the city.

• • •

Council members also heard from FRS Counseling executive director Joe Adray, who came in at Hastings' request "to talk about the overall drug situation in Hillsboro." For more on Adray's presentation, check back to highlandcountypress.com.