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July 2009 | Greene County News
 

Home > Blogs > Greene County News > Archives > 2009 > July

July 2009

Sugarcreek to try police levy in November

Add the Sugarcreek Twp. police department to the stream of local agencies asking for additional property tax funding in recent months.

Township trustees voted unanimously Wednesday, July 29, to place a five-year, 2-mill replacement levy for police services on the Nov. 3 ballot.

The existing levy costs residents $51.56 annually per $100,000 of property value. November’s levy, if approved, would raise that amount by $9.69 annually, to $61.25 per $100,000.

There are five levies that fund the township police department. The one targeted for replacement currently raises $590,000 annually, or just more than 25 percent of the department’s $2.1 million budget. If approved, the replacement levy would generate $679,000, an increase of $89,000.

Lt. James Deaton said in tight financial times, even that relatively small increase could make the difference between keeping or losing an officer.

The police levy will mark at least the ninth tax levy vote in Sugarcreek and Bellbrook in a 12-month span. Sugarcreek Schools, the Sugarcreek Fire Department and the Bellbrook-Sugarcreek Parks all had levies rejected in November, then approved in May. Bellbrook passed a fire levy in May, and the schools are back on the ballot Tuesday, Aug. 4.

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Broad street to close next week

FAIRBORN — Broad street will close next week for city employees to work on a water connection to a business.

The road is scheduled to close from 7 a.m. to 4 p.m. August 6 and 7, weather permitting at 634 N. Broad Street, said Katie Lewallen, city spokeswoman. Business traffic will be maintained, but through traffic will be detoured as crews cut a trench across the road, Lewallen said.

For more information contact the water and sewer division at 937-754-3097.

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Xenia Bob Evans closes Sunday; new site to open Aug. 17

The Bob Evans restaurant at 400 W. Main St. in Xenia will close for the last time at 8 p.m. Sunday Aug. 2, two weeks before the chain will open its new location 1 1/2 miles to the west.

The new Bob Evans, at 1981 Harner Drive near U.S. 35 and Progress Drive, is scheduled to open at 6 a.m. Aug. 17, with prize giveaways and other grand opening events.

Bob Evans officials say the new restaurant is a prototype of the company’s new “contemporary” look, and it will feature flat-screen televisions, wireless Internet access and a “Big Red Round table” which is intended as a gathering spot for families.

“It will be more modern in the kitchen, the dining room, everywhere,” said store assistant manager Jason Sutton. “It’s not the Old Country Store look.”

Sutton said the new location will have a slightly larger seating capacity than the existing restaurant, but will have “a tighter, more efficient floor plan.”

Bob Evans had operated the 400 W. Main St. site since 1988. Xenia Planner Nimfa Simpson said the city has already gotten calls about the site from parties both inside and outside the restaurant industry.

“We’re getting a lot of inquiries,” Simpson said. “It’s a prime location and a good size … it won’t be vacant long.”

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Ash borer discovered in Beavercreek

COLUMBUS — Add Greene County to the list of area where moving firewood across county lines can bring a hefty fine because of infestation by the Asian insect the Emerald Ash Borer.

The Ohio Department of Agriculture announced Tuesday, July 27, the bug that kills ash trees within five years of infestation was located in the Beavercreek area by an official from the Ohio State University extension office.

Chrisbell Bednar, executive director of Greene County Parks, said she expected the pest would eventually enter Greene County. “It was just a matter of time,” Bednar said. The park agency, which has 2,500 acres of forest land in the county, will practice good forestry management, but is not expected to develop a plan for removing ash trees unless infected trees pose a danger to the public, Bednar said.

The ash borer attacks the layer of the ash that transports nutrients slowly killing the tree. It is usually discovered by the D-shaped holes borer larva leave in the tree’s bark.

Barbara Mills, horticulturist for the OSU extension office, said Thais Reiff, the area ash borer specialist investigated the borer at an undisclosed Beavercreek residence a few days ago and state officials confirmed the discovery Tuesday. There are treatments for homeowners looking to save their ash trees, Mills said. Information can be found on the university’s Web site, ashalert.osu.edu.

Fifty counties are now under a quarantine limiting the movement of firewood and the threat of a fine up to $4,000. The newest counties being Greene, Ashland, Richland, Summit and Morrow counties.

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Elected leaders want to tap rainy day fund

XENIA — County elected officials pressed county commissioners Tuesday, July 28, to use the county’s $2 million rainy day fund to stave off further personnel and other cuts forced by dwindling revenue.

“Shame on us if we do not use this rainy day fund,” said Terri Mazur, clerk of courts, whose staff like many other in the county, has faced reduced hours and layoffs.

Commissioners cut budgets under their control 5.5 percent for 2009 because of reduced sales tax and other revenues. They have closed two county pools, shrunk capital expenses and let six employees go. The cuts forced elected leaders have cut staff and hours and are decreasing other expenses. Despite the hardships caused by the budget cuts commissioners have said they will not use the rainy day fund because circumstances could get worse.

In addition to the budget cuts, elected officials have been saddled with an extra pay period, a deferred payment to the state retirement system and increased health insurance costs they said commissioners have covered in past years. They hope to use the county’s savings to cover these costs. “I cannot think of a better reason to access a portion of the rainy day fund,” Mazur said.

Sheriff Gene Fischer, who has laid off 10 corrections officers because of budget cuts, said his actual operating budget was cut more because discretionary spending accounts were counted against his funding. “I have to question some of the decisions made,” Fischer said. “I’m not here to fight. I want to work together, but better communication has to be made.”

Timothy Campbell, Common Pleas Court Judge, urged county officials to plan ahead for future extra pay periods that are expect to occur again in about a decade. He also criticized a policy put in place by commissioners that prohibits other elected officials from transferring money in and out of their salary and benefit line items. “It renders us…in a position of being puppets,” Campbell said, referring to the rule as micromanaging. “Our hands are tied as to what we can do.”

County Administrator Howard Poston responded by saying the county is facing continued reductions in revenues. “The bottom line is there is no more money,” Poston said. “We have appropriated everything that was available. We haven’t hit the bottom of that revenue stream.”

The current economic downturn, he continued, does not constitute a reason to tap the rainy day fund. “We’re in a declining revenue market, it’s not an emergency, we know it is here,” Poston said. Removing commissioners control over other departments’ budget transfers could turn the board into a “rubber stamp,” he said.

Commissioners Rick Perales and Marilyn Reid said they would work to improve lines of communication with other elected officials. “I think they clearly made it a point the fact there is not enough communication and we need to fix that,” Perales said. Reid added that everyone is frustrated by the economic circumstances. “Unfortunately these are difficult times here and at home,” she said. “Everyone is feeling the pinch of decreasing revenue.”

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Calamityville ground breaking pushed back

FAIRBORN — The ground breaking ceremony for a new disaster response training facility to be built on former Cemex land has been pushed back until late fall.

Backers of Wright State University’s National Center for Medical Readiness Tactical Laboratory also called Calamityville were to gather at the site next week for a public event. The gathering was postponed, said Katie Lewallen, city spokeswoman, in an effort to accommodate as many state and local officials as possible.

Calamityville is expected to pump $75 million annually into the local economy and was championed by nearly ever local, state and federal official in the area. It is expected to be a state-of-the-art training ground for medical first responders working in cooperation with Wright Patterson Air Force Base.

The state and federal governments have promised $13 million for site cleanup and construction. Environmental work to clean up hazardous chemicals and other problems is expected to begin at the Cemex facility on Xenia Avenue this fall.

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DeWine launches bid for attorney general

XENIA — Red, white and blue “I Like Mike” campaign buttons decorated the shirts of Mike DeWine’s extended family when they gathered for the announcement he was re-igniting his political career.

DeWine spoke in a courtroom packed with family, friends and former colleagues, the same Greene County Common Pleas courtroom where he served as prosecutor, his first elected office, 33 years ago.

“Mike is a prosecutor at heart, and that’s why we’re here today,” said his wife of 42 years Fran DeWine. DeWine served as Greene County prosecutor before being elected to state and national office. He lost a re-election bid for a third Senate term in 2006 to Democrat Sherrod Brown.

The totality of his law enforcement and political experiences, DeWine said, prepared him to be Ohio’s next top cop. “I’m running for attorney general because Ohio is in crisis,” he said. “The attorney general must take the lead and fight back.”

DeWine highlighted problems with gangs, drugs and a shortage of crime-fighting resources in his kickoff speech. He also said he would bring honor back to the office. Former Democratic Attorney General Marc Dann left the post in 2008 besieged by scandal. “The attorney general must be above reproach. The attorney general must be above politics,” he said.

DeWine planned similar speeches in Columbus and Cleveland Wednesday. He’ll have plenty of politicking to do before November 2010. DeWine will have primary opposition from Delaware County Prosecutor David Yost, who in a statement, said he has the support of 70 percent of Republican prosecutors across the state. The GOP winner in May 2010 will face incumbent Democrat Richard Cordray, who was elected in November to replace Dann.

Seth Bringman, Ohio Democratic Party spokesman, extended a welcome to the race to DeWine with a shot at his previous policies. “The choices in this race couldn’t be clearer,” Bringman said in a statement. “Rich Cordray is working hard to fix the mess in our financial regulation system that Mike DeWine helped create. Rich Cordray is working to hold the same Wall Street corporations accountable that Mike DeWine sided with in the U.S. Senate. Given these realities, it’s hard to imagine what DeWine’s campaign plan will be.”

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Former drug fugitive’s girlfriend gets probation

XENIA — The girlfriend of a former drug fugitive, who took his own life after being caught, will serve no jail time for her role in their drug operation selling marijuana and cocaine in Yellow Springs.

Chelsie D. Hornsburger, 21, received five years probation and a 10 year suspended prison sentence in exchange for testimony against other members of the drug ring and a guilty plea to two counts of money laundering. “We asked for community control and the reason for community control is she agreed to testify as necessary against codefendants,” said Suzanne Schmidt, first assistant Greene County prosecutor.

Hornsburger was arrested in May 2008 when police raided several Columbus-area homes owned by Umoja Iddi Bakari a Yellow Springs native police say was the head of a drug ring importing cocaine and marijuana from Columbus to Yellow Springs. He fled Columbus before the police raid and was later caught near Atlanta. He hung himself in a Georgia jail before he was able to be extradited to Ohio.

Charges are still pending against two other members of Bakari’s group. His widow, Bekelech M. Asefa, 26, of Canal Winchester, Ohio near Columbus, faces 20 felony counts including racketeering and money laundering. Robert McDonald Jr, a former Greene County resident, was arrested in Georgia earlier this year and is in the county jail awaiting indictment on felony charges.

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“Swimsuit man” not due back in court until September

Kevin L. Miller, the Sugarcreek Twp. man accused of harassing people while wearing a women’s swimsuit, is undergoing mental health evaluations and is not due back in court until Sept. 14.

Miller, 41, faces five counts of public indecency and three counts of menacing stemming from the early June incidents along Washington Mill Road.

He was held in Greene County Jail for three weeks, then placed on house arrest. Xenia prosecutor Ron Lewis said he wants Miller “to establish a track record” with mental health professionals. Lewis said he wants good feedback from those evaluators and will allow plenty of time for that process.

While Sugarcreek Twp. police had only one disorderly conduct case with Miller in recent years, he has a 2003 public indecency conviction from Clinton County. Lewis said that case was similar to the current incidents, and he said it concerned him because Miller didn’t fully follow through on counseling requirements in that case.

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Bellbrook at odds with concert organizer

Ron Mullikin of Bellbrook Canoe Rental is planning a party, but he’s not sure why Bellbrook city officials are so upset about it.

The Bellbrook Jamboree is an eight-band bluegrass concert set for 6 p.m. Saturday, July 18 at the canoe rental site, which straddles the Bellbrook/Sugarcreek Twp. line along Washington Mill Road. Last year’s Jamboree drew nearly 1,000 people at the Greene County Fairgrounds, but Mullikin and Sugarcreek Twp. officials said this year’s event should be much smaller, with only a few hundred people.

At Monday’s Bellbrook City Council meeting, Mayor Mary Graves said she was disappointed that Jamboree organizers didn’t discuss their plans with the city. City Manager Mark Schlagheck said the city learned about the event earlier Monday and had concerns about traffic, noise and alcohol issues at the site, which is along the Little Miami River.

“I think the biggest thing is that there has to be honesty between the parties,” Graves said. “I think they should have contacted our city manager and said, your city is going to be impacted — is there any way we can help? This was not just planned in the past week.”

But Mullikin said there was no reason to talk to the city. He said the concert is being held south of the canoe rental’s offices, in a field that sits in Sugarcreek Twp. Township planner Cara KillKelley said Mullikin turned in the necessary documents Tuesday to get a zoning permit for a temporary use. That process required him to notify at least 60 percent of the residences within 400 feet of his property, including those across Washington Mill Road in Bellbrook.

Mullikin said the few hundred people expected are fewer than he handles for many weekend canoeing events, some of which include overnight camping, the same as Saturday’s concert.

Bellbrook-Sugarcreek Parks Director Jeff Stewart said his major concern is about protecting the adjacent Washington Mill Park from damage if people try to park there. He said he’s talked to Mullikin about temporary fencing on the edge of the park.

The potential for noise complaints was mentioned at Monday’s council meeting, and Mullikin said Bellbrook police told him they will respond to any noise complaints with a warning first, followed by a ticket on a second complaint, then shutting the event down on a third complaint.

Bellbrook police Chief Dave Helling said he doesn’t anticipate problems with this event, but he wanted Mullikin to be aware of the worst-case scenario, given the adjacent residential area.

But Mullikin wondered how much people would have to complain about, with the event likely to end around 10 or 11 p.m.

“We have one electric band out of eight,” he said. “And this is bluegrass, so what are you going to hear? A really loud banjo? This is not Jimi Hendrix doing the national anthem.”

Mullikin also had concerns about noise regulations being enforced evenly.

“If I complain about the noise from the football game, are they going to shut that down?” he asked. “They are being hypersensitive.”

Helling said events like games and the area’s largest festivals have a history with the community and rarely generate noise complaints. He added that enforcement is dependent on what the community will allow or tolerate, and pointed out that Ohio law uses “reasonableness” as the standard for enforcement.

Helling and Sugarcreek police Sgt. Mark White said their departments try to respect both parties’ rights on noise complaints and get both the source of the noise and the complainant to compromise.

White said the township might put one extra officer on duty Saturday, but he didn’t anticipate any major problems.

The concert’s $10 admission includes camping privileges. The bands scheduled to appear Saturday are Mt. Pleasant String Band, Smug Brothers, Magnolia Mountain, Moon High, Wes Tirey, Jordan Hull, The 1984 NFL Draft, and Rock Island Plow Co. The concert’s Web site is bellbrookjamboree.com.

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Yellow Springs killer agrees to plea deal

XENIA — The Yellow Springs man set to go to trial today, July 13, for the alleged bludgeoning death of his childhood friend agreed to a last minute plea deal with prosecutors.

Phillip K. Cordell, 48, will spend five years in prison for the 2004 killing of Timothy Harris, 45, who was struck in the head with an ashtray. Cordell was scheduled to go to trial for murder and involuntary manslaughter today, but agreed to plead guilty to involuntary manslaughter and five years in prison.

Yellow Springs police investigated the case for four years and Cordell was always a suspect. During the inquiry he was serving a prison sentence for an unrelated burglary and was charged with Harris death shortly before leaving prison.

“Police never gave up,” said Suzanne Schmidt, first assistant county prosecutor. “It was a long investigation and we ended it with him taking responsibility.”

Cordell apologized to the victim’s family members present in the court room Monday saying he wanted to “pay respect” to Harris family and two daughters and he was “sorry for their loss.”

Sgt. Thomas Jones, Yellow Springs police, said the plea will bring some closure to his small community. “It doesn’t bring this young man back,” Jones said. “He was loved in the community.”

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Accused killer in last-minute conference with prosecutors

UPDATED: XENIA — The Yellow Springs man set to go to trial today, July 13, for the alleged bludgeoning death of his childhood friend agreed to a last minute plea deal with prosecutors. More: Yellow Springs killer agrees to plea deal

EARLIER:

XENIA — Jury selection is expected to begin this morning, July 13, in the murder trial of a Yellow Springs man accused of killing a long-time friend by striking him over the head with an ashtray.

Phillip K. Cordell was arrested after Yellow Springs police investigated the murder of Timothy Harris for four years. During the police inquiry, Cordell was locked up in the Madison Correctional Institution for an unrelated burglary charge.

As he was preparing to leave prison, police arrested Cordell and a few days later he was indicted for murder by a Greene County grand jury. Cordell and Greene County prosecutors were in a last-minute conference just after 9 a.m. Monday and jury selection is expected to begin later today.

At trial prosecutors are expected to introduce evidence against Cordell, including statements he made to police and Harris’ blood that was found on the coat Cordell was wearing when he was arrested. Harris’ murder was a mystery to much of the Yellow Springs community during the four years police investigated, but officers who worked on the case said he was always a suspect.

Prosecutors also believe Cordell took Harris’ 1987 Toyota Celica to a Xenia scrap yard in December 2004 just days before his body was discovered in a Yellow Springs home. Prosecutors have declined to discuss a motive for the killing. Cordell has past convictions for drug possession, domestic violence and burglary.

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Elected leaders will meet with commissioners to talk budget

XENIA — Greene County elected office holders will confront the county commissioners July 28 over recent budget cuts and other expenses that have forced layoffs and other spending reductions.

Twelve elected officials including including Sheriff Gene Fischer, Prosecutor Stephen K. Haller, Auditor Luwanna Delaney and Common Pleas Court Judges requested the special appearance at a commission meeting in a letter mailed July 1.

Terri Mazur, clerk of courts, wrote in the letter that the officials wanted to discuss the budget which was reduced 5.5 percent across the board this year because of reduced revenues.

In addition to those cuts Mauzer said, commissioners have saddled other elected offices with even more expenses the commissioners would normally cover. Those expenses include an extra pay period, deferred retirement account payments and increased health insurance premiums. “How can they say, ‘Here’s you’re money and by the way, we’re not funding these large items,” Mauzer said.

Officials also want to discuss the county’s $2 million budget stabilization, or “Rainy Day Fund,” commissioners have said they will not dip into this year.

Howard Poston, county administrator, said he and the commissioners believe the fund should only be tapped as a last resort. “Many economist believe next year will be worse than this year,” he said. Commissioners have moved their regular meeting time to 8:30 a.m., half an hour earlier than usual, to give the elected leaders enough time to talk, Poston said.

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Beavercreek rescinds superintendent’s contract

BEAVERCREEK — School board members met in special session Thursday, July 9, and on the advice of legal council, formally rescinded the employment contract with Mark North, who was to be the district’s next top administrator.

North, the Lebanon Schools superintendent the past three years, signed the four-year contract with the district July 2, but changed his mind and resigned July 7, for what he called personal reasons. He plans to stay in Lebanon.

Richard Eckhard, board president, said the district was diligent throughout the process of selecting a replacement for Dennis Morrison. “I shook Mark North’s hand. I thought we had a deal. I was very disappointed when he called me a few days later and said he was not going to honor the contract,” Eckhardt said.

Board members then went into closed session to discuss their options. Morrison will leave the district July 31 for a lower profile assistant principal post in Fairborn.

Larry Hook, an assistant superintendent in Springboro, was the other finalist out of 11 applicants for the position. Eckhardt said Hook called and left him a voicemail message Thursday to say he was still interested in the job.

Board members said Thursday they are still unsure of their next step. “We are going to look at all our options,” he said.

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Jilted Beavercreek school board to talk about superintendent’s job

BEAVERCREEK — School board members will convene 6 p.m. tonight, Thursday, July 9, in private session to discuss the next step in their search to hire a new superintendent.

Dennis Morrison is leaving the district at the end of the month to take a smaller-profile assistant principal job in nearby Fairborn, where he can work more closely with students.

After a months-long search to replace Morrison and salary negotiations, board members voted July 2 to hire Mark North, currently superintendent in Lebanon, as the district’s next administrator.

North signed a $139,000 contract July 2, but then changed his mind about taking the job and submitted his resignation to Beavercreek board members July 7. School officials tonight will likely vote to cancel North’s contract before retiring to private session to discuss their next step, said Peg Arnold, board member.

Morrison leaves the district at the end of the month, and school begins in just six weeks. The district also is in the first stages of an $84-million building and renovation project to help ease overcrowding in the rapidly growing district.

North cited personal reasons for his sudden change of heart, saying Tuesday he felt his family belonged in Lebanon. Just days before, he said coming to Beavercreek was the culmination of a career’s worth of work and he was excited to take on the challenge.

Lebanon school board members said they did not offer North anything to stay in the district, but they were happy he decided to remain there. North also was a finalist for a superintendent spot in the Oak Hills district near Cincinnati, but was not picked for the job.

Beavercreek picked North from a pool of 11 candidates, several of which were interviewed by teachers, parents and support staff during the three month search. Larry Hook, a Springboro schools assistant superintendent, was also a finalist for the job.

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Cemex land now in city’s hands

FAIRBORN — City officials have taken possession of a former Cemex cement plant, the first step in transforming the site into a training ground for medical first responders.

The city has $3 million in state and federal grants from the Environmental Protection Agency and Clean Ohio to cleanup the property on Xenia Avenue for Wright State University’s National Center for Medical Readiness Tactical Laboratory, also called Calamityville.

“Cemex is very generous for donating this property to us,” said Deborah McDonnell, who has been working to bring the project to Fairborn since becoming city manager in 2007.

Asbestos in buildings on the site must be removed as well as other hazards including soil containing trichloroethene an industrial solvent. Environmental consultants estimate the cleanup could cost up to $4.4 million, according to city and university records, but McDonnell and university officials said last month they were confident it would cost much less.

Cemex turned the 70 acre property, which includes buildings, tunnels and other structures that will be reused for training, over to Fairborn by the June 30 deadline stipulated in the cleanup grants.

Work at the site is expected to begin by fall, but city and university officials are expected to hold an exhibition at the site later this month to give elected leaders and others an idea how Calamityville will operate.

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Greene confirms case of H1N1 flu

XENIA — Greene County Combined Health District officials have confirmed one case of the H1N1 virus also known as swine flu.

The patient is a 12-year-old girl who has been isolated at home taking medication to reduce her symptoms, said Sara Pappa, health district spokeswoman. No other information about the patient has been released.

The case comes two months after more than 50 leaders from schools, safety and public health agencies met to discuss how to handle the flu outbreak. At that meeting, Health Commissioner Mark McDonnell told the crowd it was inevitable the flu would come to Greene County. “We do not believe Greene County will be spared,” McDonnell said.

Several residents have been tested for the virus, but this is the first confirmed case in Greene County. Montgomery and Butler County also have confirmed cases with one death in Butler County.

Health officials say the best way to avoid contracting the illness is to avoid sick people, wash hands with soap and water and cover your mouth when you sneeze or cough

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Police investigate car fires

XENIA — Police are investigating two car fires likely caused by fireworks as well as several other vehicles that were ransacked Thursday, July 2.

Captain Scott Anger, Xenia police, said an officer patrolling New Mexico Drive about 4:30 a.m. notice a vehicle in the driveway of the 1100 Block with its interior on fire. Firefighters extinguished the blaze and detectives are still investigating what caused the fire.

They believe it could be tied to another vehicle they found with fire damage later that morning in the 2100 Block of Tennessee Drive where a “large firework ordnance” was used to spark the flames, Anger said.

Further investigation led police to several other vehicles in the area that had been ransacked with small items taken, he said. Anyone with information is asked to contact Xenia police at (937) 376-7206 or (937) 372-9901 after hours.

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Alleged tool thief caught

XENIA — Police have arrested a Dayton man and are expected to charge a female accomplice for the burglary of two tool rental stores.

Mike Ford, 48, was arrested Tuesday, June 30 and charged with breaking and entering and police were able to recover property stolen from Xenia Tool Rental June 12 and Xenia Power Equipment May 15, said Captain Scott Anger, Xenia police.

Ford is in the Greene County Jail in lieu of $10,000 bond. The female suspect has not been named, but could also face charges.

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