Orange Township Trustees May 1, 2017 Regular Meeting

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1 The audio recording, resolutions passed, and any attachments constitutes an accurate record of the Orange Township Trustee Minutes at the above dated meeting as determined by the Fiscal Officer. The following summary is provided as an overview of the meeting and a road map to the audio recording. Copies of this record are available by request at the Orange Township Fiscal Office, 1680 East Orange Road, Lewis Center, Ohio Mr. Quigley called the meeting to order at 7:01 p.m. This meeting was held at the Orange Township Hall, 1680 East Orange Road, Lewis Center, Ohio PLEDGE OF ALLEGIANCE ROLL CALL: Robert Quigley present, Deborah Taranto present, Lisa F. Knapp present. TOWNSHIP OFFICIALS ALSO PRESENT Matt Noble Fire Chief Joel Spitzer Fiscal Officer Amanda Sheterom Human Resources/Communications Manager Beth Hugh Maintenance and Parks Director Anthony Hray Planning and Zoning Director Lee Bodnar Township Administrator Michael McCarthy Township General Counsel The minutes were prepared by Administrative Assistant for Maintenance and Parks Mary Ann Ross. REGULAR SESSION PUBLIC COMMENT Mr. Quigley asked if there were any public comment about items other than what was on the agenda. No one came forward. 7:00 P.M. CLICK IT TO LIVE PRESENTATION Ms. Amanda Sheterom, Human Resources/Communication Manager came forward. She commented she has been working with the Delaware County General Health District on the Click it or Ticket Campaign which is part of the Safe Delaware County Coalition. The kick off will be at Township Hall on May 25, The campaign will last from May 22, 2017, through June 4, She introduced Ms. Jackie Bain, 6580 Cheshire Road, Galena, Ohio 43021, from Delaware County General Health District and Sergeant Chris Wheeler based out of the US23/Delaware Post from the Ohio State Highway Patrol. Ms. Bain commented: Questioned who wore seat belts Passed out a map of Delaware County showing 2015 County Road High Crash Locations She noted this area as being the highest crash location Described congestion during busy hours Unfortunately crashes have become an everyday occurrence, not always severe Crashes are preventable, but we are human and we all make mistakes Can protect ourselves and loved ones by buckling our seat belts Most cars have safety features, but have to be used correctly She passed out the Fatal Crash Review information for 2015; for both county and nationally She discussed the review process and the actual crash process Front end collisions are the most frequent and most fatal The seat belt is designed to help prevent injuries from front end collisions At least 50% of fatal injuries in car crashes in Delaware County were due to not wearing seat belts 1

2 Sgt. Wheeler reviewed: Gave a brief history about himself Delaware County is one of the fastest growing counties in the state of Ohio It also means increase traffic; which means more people not wearing their seat belts; distracted driving or crash causing violations Seat belt violations is a secondary violation; must be stopped for another violation Enjoys teaching the young adults Ms. Bain continued: Most people not using seat belts also are engaging in other risky behavior Aggressive driving is another big factor in car crashes She introduced the videos The Board thanked them for coming in and presenting this important message. There was discussion among the Board, Ms. Sheterom and the guest speakers. RES PROCLAIMING MAY 22 THROUGH JUNE 4, 2017 AS THE CLICK IT OR TICKET MOBILIZATION IN ORANGE TOWNSHIP, DELAWARE COUNTY, OHIO Mr. Quigley moved the adoption of the following Resolution: WHEREAS, the safety and security of the citizens of Orange Township and surrounding areas are vitally important; and WHEREAS, a large percentage of our citizens regularly drive or ride in motor vehicles on our roadways; and WHEREAS, the use of seat belts in passenger vehicles saved an estimated 13,941 lives nationally in 2015; and WHEREAS, regular seat belt use is the single most effective way to reduce fatalities in motor vehicle crashes; and WHEREAS, the use of seat belts is supported by the laws of the Ohio Revised Code ; and WHEREAS, May 22 through June 4, 2017, has been selected as the national Click It or Ticket mobilization enforcement period; and WHEREAS, across the country law enforcement officers will actively be participating in the mobilization to ensure all motor vehicle occupants are buckled up day and night to reduce the risk of injury and death caused in traffic crashes; and WHEREAS, increased enforcement of seat belt laws, coupled with publicity, has proven to be an effective method to increase seat belt use rates and decrease fatal crashes; NOW, THEREFORE, BE IT RESOLVED that the Board of Township Trustees of Orange Township, Delaware County Ohio hereby proclaims and announces the period extending from May 22 through June 4, 2017 as the Click It or Ticket Mobilization in Orange Township, Delaware County, Ohio and urges all citizens to always wear seat belts when driving or riding on our roadways. 2

3 APPROVAL OF MINUTES APRIL 3, 2017 REGULAR TRUSTEE MEETING RES APPROVAL OF MINUTES Motion by Mr. Quigley to approve the April 3, 2017, regular trustee meeting minutes as presented. APRIL 17, 2017 REGULAR TRUSTEE MEETING RES APPROVAL OF MINUTES Motion by Mr. Quigley to approve the April 17, 2017, regular trustee meeting minutes as presented. VOTE: Quigley abstained, Knapp yes, Taranto yes. ZONING REPORT ORANGE TOWNSHIP ZONING HEARINGS/MEETING REPORT Mr. Hray, Planning and Zoning Director, commented there were two cases that would need to be scheduled. The Zoning Commission has just received a request for the property at the southwest corner Home Road and US23. SET DATE FOR BOARD OF TRUSTEE HEARING REGARDING ZONING CASE #ZON , 8704 OWENFIELD DRIVE HD DEVELOPMENT OF MARYLAND, INC. This is in regards to Home Depot outside garden center. RES SET HEARING DATE Motion by Mr. Quigley to hold the zoning hearing for Case #ZON-17-02; 8704 Owenfield Drive, Lewis Center, Ohio, 43035, HD Development of Maryland, Inc., on May 15, 2017, at 7:00 p.m., at township hall. SET DATE FOR BOARD OF TRUSTEE HEARING REGARDING ZONING CASE #ZON , 7100 GRAPHICS WAY MOUNT CARMEL HEALTH SYSTEMS This is in regards to signage at the Mount Carmel Health Systems. RES SET HEARING DATE Motion by Mr. Quigley to hold the zoning hearing for Case #ZON-17-03; 7100 Graphics Way, Lewis Center, Ohio, 43035, Mount Carmel Health Systems, on May 15, 2017, at 7:00 p.m., at township hall. AMENDMENT OF RES TO ADJUST THE MINIMUM RESERVE BID AMOUNT (2003 DODGE DAKOTA) Mr. Hray commented he would like to lower the minimum reserve bid amount to get the bidding process started. 3

4 RES AMEND RES Motion by Mr. Quigley to amend Resolution to adjust minimum reserve bid amount to $1, RES FINDING CERTAIN PERSONAL PROPERTY NOT NEEDED FOR PUBLIC USE, OBSOLETE, OR UNFIT FOR THE USE FOR WHICH IT WAS ACQUIRED AND AUTHORIZING SALE BY INTERNET AUCTION, PURSUANT TO R.C Mr. Quigley moved the adoption of the following Resolution: WHEREAS, the Township has certain used property with a value greater than $ that is not needed for public use, is obsolete, or is unfit for the use for which it was acquired; NOW THEREFORE BE IT RESOLVED that the following listed property, found to have a value greater than $ , to be not needed for public use, to be obsolete or unfit for the use for which it was acquired, shall be sold by internet auction in accordance with Res and the Online Auction Memo of Understanding between the Board of Township Trustees and GovDeals, Inc., with the minimum bid amount(s) which will be considered being as indicated: Item Vin #/Identification # Minimum Reserve Bid Amount 2003 Dodge Dakota 1D7FL16XX3S $5, BE IT FURTHER RESOLVED that the terms and conditions of the sale shall be as set forth in Res and the Online Auction Memo of Understanding between the Board of Township Trustees and GovDeals, Inc. and that the same, together with the above information shall be provided on the internet by GovDeals, Inc. at the time of the auction. BE IT FURTHER RESOLVED, that the revenue collected from the sale of the item(s) by internet auction shall be deposited into the General Fund of the Township or, upon further order of the Board, transferred and appropriated to the specific fund from which the item(s) sold derived, if ascertainable. DISCUSSION AND POSSIBLE ACTION REGARDING ABATEMENT OF NUISANCE R.C FRANKLIN STREET (RUTHERFORD) Mr. Hray wanted to bring the Board up to date on this abatement of nuisance. He showed pictures of the property that were taken. They have gotten quotes from two contractors; Junk King and Got-Junk. Junk King s quote was a little bit more reasonable. He has also spoken to the Delaware County Sheriff s Office. They would like at least 2 week notice, to allow scheduling of a special duty officer while the abatement is occurring. He is also going to touch base with the Delaware County Prosecutor s Office. The Zoning Department have done the legal notice that is required and also ran a notice in the Delaware Gazette. The resident had 7 days from when the notice ran to correct the problem, which they have not. Mr. Hray answered the Board s questions. DISCUSSION AND POSSIBLE ACTION REGARDING ABATEMENT OF NUISANCE R.C TULANE COURT (MILD) Mr. Hray showed pictures of the property. Mr. Hray commented they had done the same procedure as mentioned with the Franklin Street property. DISCUSSION AND POSSIBLE ACTION REGARDING THE PLANNING AND ZONING DIRECTOR POSITION Mr. Hray thanked the Board for their support and this opportunity. An opportunity came up he felt was great for him professionally. He thanked everyone again and commented it has been a 4

5 pleasure. He felt he was leaving the township in capable hands of Ms. Boni. The Board thanked Mr. Hray. RES ACCEPT RESIGNATION OF THE PLANNING AND ZONING DIRECTOR Motion by Mr. Quigley to regretfully accept the resignation of the Planning and Zoning Director, Mr. David Anthony Hray, effective May 5, RES AUTHORIZE ADVERTIZING TO FILL THE PLANNING AND ZONING DIRECTOR POSITION Motion by Mr. Quigley to authorize the Human Resources and Communications Manager, Ms. Amanda Sheterom, to advertise the open position of Planning and Zoning Director. There was a brief discussion among the Board about having an Interim Planning and Zoning Director. The Board decided to take the discussion into Executive Session. MAINTENANCE REPORT AWARD 2017 ROAD IMPROVEMENT CONTRACT RES ENTER INTO AGREEMENT WITH THE SHELLY COMPANY FOR THE ORANGE TOWNSHIP PORTION OF THE 2017 DEL-COUNTY ROAD IMPROVEMENT PROGRAM Mr. Quigley moved the adoption of the following Resolution: BE IT RESOLVED that the Board enter into a unit price agreement, in the form provided by the Delaware County Engineer s Office, with The Shelly Company in the amount of $679, [includes the Road Summary amounts provided by the Delaware County Engineer and dated April 17, 2017, for Cottonwood Drive (TR 646); Northview Drive (TR 460); Meadowview Drive (TR 433); Meadowview Ct (TR 434); Tidal Ct (TR 630); Oakalea Ct (TR 416); Harbor Drive (TR 629); Emmanuel Drive (TR 926); Roespark Blvd (TR 754); Orangewick Drive N (TR 337); Orangewick Drive S (TR 337A); W. Orange Rd (TR 114); Glenside Loop (TR 449); Meadowview Drive (TR 433); Arnold Pl (TR 295); Walker Wood Blvd (TR 867); E. Orange Rd (TR 114); Maritime Ct (TR 631); Bale Kenyon Road (TR 107); Gooding Blvd (TR 1347); Railtimber Way (TR 1478); Windbrush (TR 996); Owenfield Drive (TR 596); and Africa Cemetery, together with a 10% contingency, all totaling $679,203.63, based on unit prices as stated therein, for the Orange Township portion of the 2017 Del-County Road Improvement Program, Delaware County, Ohio. The funds for the Africa Cemetery portion of the project shall be from Cemetery Fund # The township fiscal officer is directed to obtain possession of the contract performance bond and the Delaware County Engineer's Office shall be the prevailing wage coordinator for this project. BE IT FURTHER RESOLVED that all members of the Board shall execute the contract on behalf of the Board. SUPPLEMENTAL APPROPRIATIONS RES AUTHORIZE SUPPLEMENTAL APPROPRIATION Motion by Mr. Quigley to authorize a supplemental appropriation from to account in the amount of $28,500.00, for resurfacing Africa Cemetery. 5

6 DISCUSSION AND POSSIBLE ACTION REGARDING SECURITY CAMERAS AT TOWNSHIP HALL Ms. Hugh commented she was going to start with Township Hall and North Orange Park regarding security cameras. She wanted to see how it worked before she moved on to other areas. Ms. Hugh answered the Board s questions. DISCUSSION AND POSSIBLE ACTION REGARDING SECURITY CAMERAS AT NORTH ORANGE PARK Ms. Knapp was uncomfortable with the video cameras on during the North Orange Park Aquatic Center operating time; the pool area. Ms. Hugh explained her reasons; some of which were; for safety, ability to count lifeguards in attendance, and being able to possibly see resident complaints She would also like a camera for the front desk area. There would be outside cameras, not in restroom or shower areas. Ms. Knapp feared public records requests, privacy issues. She questioned possible signage. Mr. Quigley felt it was a common practice for safety and possible situations. There was a discussion among the Board and Ms. Hugh. Fiscal Officer, Mr. Spitzer asked if having cameras would affect the insurance rates. Ms. Hugh commented there have been previous cameras. Mr. Quigley commented there have been cameras in the past; we are just updating. He and Township General Counsel, Mike McCarthy, discussed retention schedule/policy regarding the videos. PURCHASE ORDERS RES AUTHORIZE THE ISSUANCE OF A PURCHASE ORDER TO THE SHELLY COMPANY Motion by Mr. Quigley to authorize the issuance of a purchase order to The Shelly Company, in the amount of $43,406.00, for Africa Cemetery resurfacing. RES AUTHORIZE THE ISSUANCE OF A PURCHASE ORDER TO THE SHELLY COMPANY Motion by Mr. Quigley to authorize the issuance of a purchase order to The Shelly Company in the amount of $635,797.64, for 2017 Road Improvement Program. Motion seconded by Ms. Knapp. RES AUTHORIZE THE ISSUANCE OF A PURCHASE ORDER TO SIMON INTEGRATION, LLC Motion by Mr. Quigley to authorize the issuance of a purchase order to Simon Integration, LLC., in the amount of $15,819.46, for cameras at Township Hall. Motion seconded by Ms. Knapp. PURCHASE ORDER PARK REPORT RES AUTHORIZE THE ISSUANCE OF A PURCHASE ORDER TO SIMON INTEGRATION, LLC Motion by Mr. Quigley to authorize the issuance of a purchase order to Simon Integration, LLC., in the amount of $20,232.00, for cameras at North Orange Park. VOTE: Quigley yes, Taranto yes, Knapp no. Ms. Taranto asked Township Administrator, Lee Bodnar and Mr. Spitzer to work on information regarding retention of the videos. 6

7 Ms. Hugh gave an update on the community events. The Orange Township Community Park Board thought since they were combining the Music in the Park and Movie in the Park they would call the event Orange Township Summer Nights. Ms. Hugh commented about Wetlands at North Road Project. She reminded the Board they had given her authorization to sign agreements and permits for utilities in the wetlands. But she wanted the Board aware of the slight glitch. She went into detail regarding the glitch with the purchase of.2 forested points needed. She wanted the Board to be aware of this before she moved forward. She asked the Board for consensus. No objections were heard. She didn t want to delay the project. She has also spoken to Mr. Fowler at the Delaware County Prosecutor s Office and he was comfortable with it. She asked for questions; there were none. PUBLIC SAFETY REPORT DISCUSSION AND POSSIBLE ACTION REGARDING INJURY LEAVE Fire Chief Matt Noble discussed a firefighter/paramedic that was injured six months ago on duty and per union contract when get to the six months mark and still on injury leave the contract says with the approval of the fire chief and the Board of Trustees, the injury leave can be extended for another six months. Ms. Sheterom commented since it has reached the six months she has been working with the managed care organization and third party administrator. The team has reached out to his physician to find out information such as; if he can come back after the six months; what is the estimate? The probability? Would it be in a modified or a transitional capacity; could he work his way back up to full duty without restrictions. The expectation is he should be able to return in that time frame. She went into detail about possible outcomes. Ms. Knapp is uncomfortable with this. She doesn t feel she has been given information. She would like a fuller report and documentation. Ms. Sheterom voiced concerns about HIPPA restrictions. Consensus was given to give a two week extension. The Board would like a report with possibly some allowable documentation. Ms. Taranto thought the Board should be given the information before they can decide. Mr. Quigley thought also the Board should be made aware before the end of the six month period. FISCAL OFFICER REPORT DISCUSSION AND POSSIBLE ACTION REGARDING SPOT LABOR POSITION Mr. Spitzer commented he and Mr. McCarthy had a discussion. He in turn talked with Ms. Lewis. Because of the uniqueness of the position for fiscal office and the fact that position needs to be bonded; he would like to post the job. He would have Ms. Lewis and Ms. Sheterom review the candidates and pick the top two or three candidates for the fiscal officer final decision. The Board has discretion with the hourly rate. Mr. Spitzer answered the Board s questions. There was discussion. Mr. Spitzer reiterated that he was requesting from the Board only, setting compensation not to exceed $15.00 an hour. RES GRANTING APPROVAL OF COMPENSATION NECESSARY TO PROVIDE ADDITIONAL ASSISTANCE TO TOWNSHIP FISCAL OFFICER Mr. Quigley moved the adoption of the following resolution: WHEREAS, R.C authorizes the Township Fiscal Officer to hire and appoint one or more persons as assistants and to set the compensation of those persons, subject to the prior approval of the Board of Township Trustees ( Board ); and WHEREAS, the Board desires to establish its approval of compensation for additional assistance to the Township Fiscal Officer and the conditions of such approval; and WHEREAS, the Township has had the at-will, non-exempt, part-time, non-bargaining unit employment position of Fiscal Office Spot Laborer by virtue of Resolution No ; and WHEREAS, the Board has been presented a proposal to re-title this employment position and adjust its position description and compensation; 7

8 NOW THEREFORE BE IT RESOLVED that the Board approves the compensation necessary to permit the Township Fiscal Officer to obtain additional assistance by means of the hiring and appointment of an individual to an in-house spot labor position in accordance with the following: (a) (b) (c) (d) The at-will, non-exempt, part-time, non-bargaining unit employment position of Fiscal Office Spot Laborer is hereby be re-titled to be the Fiscal Office Assistant - Spot Labor. An appointee to this position shall serve at the pleasure of the Township Fiscal Officer and under the terms and provisions stated in the position description for this employment presented to the Board, titled Fiscal Office Assistant - Spot Labor and bearing the identifying Version date of 04/17/2017a, together with such other terms and provisions as may be promulgated by the Township Fiscal Officer. Compensation for this position shall be paid at a rate not exceeding $15.00 per hour and include such benefits as are mandated by law. Unless otherwise provided by the Board, an appointment to this position shall be contingent upon the applicant's satisfactory completion of a background investigation, drug screening, physical examination and PRADCO pre-hire assessment. BE IT FURTHER RESOLVED that, per R.C , the Fiscal Office Assistant - Spot Labor shall, before serving, give bond for the faithful discharge of the duties of the office as may be delegated by the Fiscal Officer. The bond shall be payable to the Board and shall be for the same sum as required under R.C for the Township Fiscal Officer, with sureties approved by the Board, and conditioned for the faithful performance of duties delegated by the Fiscal Officer. The bond shall be recorded by the Township Fiscal Officer, filed with the Delaware County Treasurer, and carefully preserved. BE IT FURTHER RESOLVED that, pursuant to R.C , the delegation of duties and responsibilities by the Township Fiscal Officer will not relieve the Township Fiscal Officer of the responsibility to discharge the duties of the office, but shall serve to provide assistance to the Township Fiscal Officer in performing those duties. BE IT FURTHER RESOLVED that all resolutions, or parts of resolutions, in conflict with this Resolution are hereby repealed and of no further force or effect. VOTE: Quigley yes, Taranto yes, Knapp no. MARCH FINANCIALS The Board acknowledged they have received the financials. THEN & NOW PURCHASE ORDER RES AUTHORIZE THE ISSUANCE OF A THEN AND NOW PURCHASE ORDER TO MICHAEL J. MCCARTHY Motion by Mr. Quigley to authorize the issuance of a then and now purchase order to Michael J. McCarthy in the amount of $11,621.60, for legal services. ADMINISTRATOR REPORT DISCUSSION AND POSSIBLE ACTION REGARDING THE CONTRACT FOR RESIDENTIAL SOLID WASTE COLLECTION Mr. Bodnar commented the contract with Rumpke ends January 31, He had ed the documentation to the Board. There could be a continuation of the three year agreement with 8

9 some negotiation on costs. Nothing in the scope of things just the costs. Rumpke had three proposals. There was a spreadsheet provided to the Board that showed the three proposals. He described the different options. There was some discussion with the Board giving consensus to go to rebid. Mr. Quigley commended Lt. Rice, Ms. Taranto, Ms. Sheterom, and Mr. Bodnar for organizing the electronics recycle drop off a couple Saturday s ago. It was a great success. Ms. Sheterom gave a report. Nothing to report. Nothing to report. OLD BUSINESS NEW BUSINESS EXECUTIVE SESSION Motion by Mr. Quigley to go into Executive Session: a) To Consider the Appointment, Employment, Dismissal, Discipline, Promotion, Demotion or Compensation of Public Employee or Official b) Purchase of Property The following were invited to attend: the Board; Fiscal Officer, Mr. Spitzer; Township General Counsel, Mr. McCarthy; Township Administrator, Mr. Bodnar; Human Resources/Communication Manager, Ms. Sheterom and Maintenance and Parks Director, Ms. Hugh. Motion by Mr. Quigley to return from Executive Session. RES TO APPOINT MR. LEE BODNAR TO SERVE AS INTERIM PLANNING AND ZONING DIRECTOR Motion by Mr. Quigley to appoint Mr. Lee Bodnar to serve as Interim Planning and Zoning Director until the position is filled effective May 5, VOTE: Quigley yes, Taranto yes, Knapp no. Ms. Knapp commented for the record she would like to give Ms. Boni the opportunity to step into that position; it was no reflection on Mr. Bodnar capabilities. There being no further business, meeting adjourned at 9:46 p.m. Attest: Joel M. Spitzer, Fiscal Officer 9 Robert Quigley, Chairman Deb Taranto, Vice Chairman Lisa Knapp, Trustee

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