Record of Proceedings: December 4, 2012 West Chester Township Board of Trustees - Regular Meeting

Transcription

1 Record of Proceedings: December 4, 2012 West Chester Township Board of Trustees - Regular Meeting Convene: President Stoker convencd the meeting at 6:00 p.m.. Roll Call: Mrs. Stoker, Mr. Wong and Mr. Lang responded. Pledge of Allegiance: Repeated by those present. Mr. Wong noted a pastor was present to share a prayer, word of inspiration, and/or etc.. Adjounmlent: Motioned by Mr. Lang and seconded by Mr. Wong. Discussion: none. Motion carried unanimously. Reconvene: Mr. Lang motioned, seconded by Mr. Wong, to reconvene the meeting. Discussion: none. Motion carried unanimously. Citizen's Comments There were no citizen's comments. Presentations National Voice of America Museum of Broadcasting: A video briefly explaining the history of the VOA facility on Tylersville Road as well as recent facility maintenance was presented. Mr. Ken Rieser, President of the National Voice of America Museum of Broadcasting Board of Directors, expressed the Board's pleasure that a lease agreement between the Board and the West Chester Board of Trustees is being addressed that evening after having worked on it for the past year. Actionltems - For Approyal by Motion MOTION to approve the Trustee Meeting Minutes of August 28,2012. Mr. Lang motioned approval, seconded by Mr. Wong. Discussion: Mr. Lang said "Mrs. Stoker, one of the items that you added yesterday or the day before was that you "were just supplying the reasons for citizens' opinions which had been expressed at the meeting but not included in Mr. Jones' s original minutes. I don't have a problem with that. Here's where my concern is. Then you added this sentence, 'Her corrections were consistent with her belief that each citizen who speaks at Trustee meetings deserves a fair and equitable representation in the minutes.' To me that is clearly an editorial statemcnt. It doesn't talk about what happened at the meeting. I'll read your statement again, Her corrections were consistent with her belief - and the minutes can't capture what your belief is, what you're thinking unless you state it - that each citizen who speaks at meetings deserves a fair and equitable representation in the minutes." To me that is a blatant and editorial comment; and I would ask that we remove that one sentence from the minutes." This is consistent with Mr. Lang' s belief that concise and accurate minutes should be kept by the Fiscal Officer and that the Trustee's should only correct errors, not add material or delete material to fit a patticular Trustee' s perspective. Mr. Lang is concerned that at times Mrs. Stoker deletes material or adds material to fit her perspective, when adding material she claims it is for the purpose of accuracy and when deleting material she claims it is for the purpose of brevity, and Mr. Lang feels tlus is only done to give her position a favorable appearance in the minutes. December 4,2012 Page 1 of?

2 Mrs. Stoker asked ifmr. Lang was making a motion, to which Mr. Lang rcsponded, "Sure." Mrs. Stoker asked for a second to the motion, but the motion failed for lack of a second. Mrs. Stoker said they've all made editorial comments in the minutes. Mr. Lang does not feel that this is accurate, as editorial comments may be made in the meetings, and those commcnts captured in the minutes, the manipulation of the minutes for editorial purposes is something Mr. Lang does not feel should take place. Mr. Lang said the Ohio Revised Code has the Fiscal Officer as the keeper of the minutes so that the Trustees do not politicize the official record. "And for us to express something that is a belief in the minutes, I'm sorry that I don't have a second for that." Mrs. Stoker replied that while she heard what Mr. Lang was saying, she believes it is important that everybody who comes before the trustees gets a fair representation of whatever issue they bring to the trustees' attention.... Mrs. Stoker said she saw no problem with stating an opinion that those citizens who come before the trustees should bc equitably treated. She was concisely saying what she had expressed over a period of many minutes during that meeting. Mr. Lang asked that the record reflect his concern that she originally made voluminous changes to these minutes before making deletions to make the minutes more concise, resulting in1l1inutes that favored her position and not his position. Motion carried with Mrs. Stoker and Mr. Wong voting affirmatively and Mr. Lang objecting. MOTION to approve the Trustee Meeting Minutes of November 13,2012. Mr. Lang motioned approval, scconded by Mr. Wong. Discussion: none. Motion carried unanimously. MOTION to approve payment of bills: Mr. Lang motioned approval, seconded by Mr. Wong. Motion carded unanimously. Mrs. Boyko submitted the following requisitions greater than $2,500: Requisitions - Greater than's2,500,no I. Adm 2. Adm 3. Adm $28, Harris Enterprise Resource Planning - Renew anlluallicense and support agreement for GEMS financial accounting software $3, ESRI, Inc. - Renew annuallicensc and maintenance agreement for Geographic Information System mapping $3, CDW Goverrunent, Inc. - Renew McAfee Total Protection annual license and suppoli agreement for Township network and field reporting devices December 4, 2012 Page 2 of 7.

3 4. Adm 5. Adm 6. Fire 7. Police 8. Police $4, Sayers Company - Renew annual license and supporl agreement for Net Motion wireless application $6, Five Visual Communication & Design - Design and print the 2013 Community Guide $5, Knox Key Company - Purchase five 5) Knox Med Vaults for paramedic units $4, Camp Safety Equipment Company - Remove equipment from one I) vehicle and install on another $4, LeadsOnline, LLC - Renew subscription for online investigation system 9. Services $112, Cargill, Inc. - Purchase contracted salt for winter season MOTION made by Mr. Wong, seconded by Mr. Lang for approval of requisition items I tlu'ough 9. Discussion: none. Motion carried unanimously. Personnelltcllls MOTION made by Mr. Wong, seconded by Mr. Lang to hire two 2) on-call snow plow operators on an as needed basis for the winter season: Gregory Dobbs effective November 21, 2012 and Douglas Delehant effective November 26, 2012, at the hourly rate of $ Discussion: none. Motion can jed unanimously. Business Items Mrs. Boyko said Cartegraph is the software backbone that houses all the Township's asset management for the Services Department, and a discount/savings will be realized with a prepaid 5 year subscription renewal. MOTTON made by Mr. Lang, seconded by Mr. Wong to approve a five 5) year prepaid software subscription, maintenance and support services proposal with Cartegraph effective December 31, 2012 through December 30, 2017 not to exceed $89, and authorize the Township Administrator to execute said proposal. Discussion: When asked by Mr. Wong, Mrs. Boyko said the expense is charged to the roads division. Motion carried unanimously. Mrs. Boyko said the following Resolution, Statutory Resolution No , would be contingent upon and only effective upon the signature by the U.S. Secretary of the Interior or his designee. MOTION made by Mr. Wong, seconded by Mr. Lang, to approve a lease agreement between the West Chester Township Board of Trustees and the Board of the National Voice of America Museum of Broadcasting in substantially the same form as attached subject to and with an effective date of approval from the Secretary of the Interior, United States Department of the Interior or his designee for the development, management, progranuning, use, operation, and maintenance of the Voice of America Bethany Relay Station and applicable grounds and December 4, 2012 cj], Page 3 of 7.

4 authorize the Township Administrator to make non-substantive changes with Law Director approval, and execute said agreement and all other necessary documents. Discussion: Mr. Lang expressed his appreciation to the National VOA Museum of Broadcasting Board of Directors, Mrs. Stoker, and former Senator Gary Cates for their contributions to the museum, said that it could be self-sustaining and a driver for the local economy. Mr. Wong also thanked Mrs. Stoker for her efforts. Mrs. Stoker said it was heartwarming to see the project moving toward fruition. Mrs. Boyko advised the Board to make separate motions for appointment for each of the threc categories of the 2013 Volunteer Firefighters' Dependents Board: two 2) Trustees, two 2) Fire Department members, and one I) civilian. MOTION made by Mr. Lang, seconded by Mr. Wong, that Gene Hendel be appointed the civilian representative on the Board to the 2013 Volunteer Firefighters' Dependents Board. Discussion: none. Motion can ied unanimously. MOTION made by Mr. Lang, seconded by Mr. Wong, that Mrs. Stoker and he, Mr. Lang, be appointed the Trustee representatives on the Board. Discussion: none. Motion carried unanimously. MOTION made by Mr. Lang, seconded by Mr. Wong, that Lt. Jamcs Cox and Lt. Randall Hanifen be appointed the Fire Department representatives on the Board. Discussion: none. Motion carded nnanimollsly. MOTION made by Mr. Lang not to object to a liquor permit transfer from Little Sonoma, Inc. to Bella Vino Merchants LLC, DBA Bella Vino Merchants, 6064 West Chester Road. Motion seconded by Mr. Wong. Discussion: none. Motion carried unanimously. MOTION made by Mr. Lang not to object to liquor permit transfer from NoNu Inc., DBA The Wine List, 7659 Cox Lane to NoNu Inc. DBA The Wine List, 7753 Tylersville Road. Motion seconded by Mr. Wong. Discussion: none. Motion carried unanimously. Mrs. Boyko noted the following item was originally introduced at their mid-august Board meeting as a public safety matter, followed by a public hearing at the September 25 th Board meeting as required by law. MOTION made by Mr. Lang, seconded by Mr. Wong, to approve statutory Resolution No authorizing the establishment of "No Parking Zones" on portions of Manor Drive, Minuteman Way, and Smith Road in West Chester Township. Discussion: Mr. Lang said he was concerned that the no parking zone on Manor Drive would not solve the safety problem, but merely move it nlliher away from the drop off point for the schools. He also said he was concerned that the no parking zone on Smith Road, which was for all hours of the day, every day, would effectively push pedestrians back into the neighborhood when there are extracurricular activities/events, causing them to walk fmiher, assuming greater risks. He asked that the Resolution be modified such that the no parking zone for Smith Road apply exclusively to the same school hours as it does to the Manor Drive and Minuteman Way no parking zones. Mrs. Stoker said, though she was not able to attend that meeting, she carefully reviewed the video and was impressed with the citizen participation. Mr. Wong said it would probably be a good idea to apply specific times to the Smith Road no parking zone. Substantial discussion ensued. It was agreed no one had a problem with the proposed no parking zone for Minuteman Way. Regarding the no parking area for Manor Drive, Mrs. Stoker said the no parking area would extend the line-of-site for drivers. Mr. Lang disagreed, maintaining it moved the problem December 4, 2012 Page 40f7.

5 J~lIther away. Mr. Wong was in agreement with Mrs. Stoker. All agreed the Smith Road no parking zone should specity applicable times. Thereupon Mr. Wong withdrew his second of Mr. Lang's original motion. MOTION made by Mr. Lang to approve Resolution No with the following modification, peliaining only to Endeavor Elementary: the signs shall not read, "No parking anytime", but shall have no parking times posted colllmensurate with times for dropping off and picking up children on school days. Mr. Wong seconded the motion. Discussion: none. Motion carried with Mrs. Stoker and MI'. Wong voting in favor. Mr. Lang was ojljlosed. First Reading of Resolutions & Reading of Emergency Resolutions Mrs. Boyko read Emergency Resolution No , approving and authorizing amendments to the Township 2012 permanent appropriations and declaring an emergency and dispensing with the second reading. Mrs. Boyko said Emergency Resolution No is designed 0 more accurately capture the revenues and expenditures more specifically that were exercised throughout the year. The Board had no questions. Mrs. Boyko read Emergency Resolution No , approving and authorizing a transfer of cash from the 747 Tax Incremental Financing Special Revenue Fund to the Clean Ohio Grant 'Round II Fund to repay an advance and approving and authorizing a transfer of cash from the Clean Ohio Grant Round III Fund to the 747 Tax Incremental Financing Special Revenue Fund, and approving and authorizing a repayment of an advance and declaring an emergency and dispensing with the second reading. Mrs. Boyko explained that they want to close the fund, but the Board first needed to repay the advance for the Round I and Round II, and the Resolution fulfilled sound accounting practices. Citizen's Comments Carl RullmaIUl, 8285 Ventle Drive, said the Board had maintained suppres'sion of freedom of religious speech earlier in the meeting when it adjourned and re-convened in order to avoid recording the pastor's comments and prayer. He also expressed his hope that these comments of his would not be excluded from the minutes. Lastly, he applauded the VOA project and America's heritage offreedom-iargely made possible by America's Biblically based Constitution. Bruce Jones, 5685 McCaIthy Court, referring to an earlier agenda item, and noting that he - as Fiscal Officer - is not permitted to be party to the Board's discussions, asked why they retroactively hire snow plow operators though it hasn't snowed. Second Reading & Vote on Pending Resolutions & Vote on Emergcncv Resolutions MOTION made by Mr. Lang, seconded by Mr. Wong, to declare Emergency Resolution No an emergency and dispense with the second reading. Discussion: none. Motion carl'ied nnanimonsly. MOTION made by Mr. Wong, seconded by Mr. Lang, to approve Resolution No as read and as declared an emergency. Discussion: none. Motion carried nnanimollsly. December 4,2012 Page 50f7.

6 MOTION made by Mr. Wong, seconded by Mr. Lang, to declare Emergency Resolution No an emergency and di spense with the second reading. Discussion: none. Motion carded imanimously. MOTION made by Mr. Lang, seconded by Mr. Wong, to approve Resolution No as read and as declared an emergency. Discussion: none. Motion canied unanimously. Discussion Itcllls & Trustees COlllments Mrs. Boyko, responding to citizen' s comments, said Mr. Rullmann's concerns about freedom of speech should be deferred to the Law Director. Regarding the retroactive hiring of on-call snow plow operators, because of the lengthy hiring process and because they want to secure the operator's services before the operators pursue opportunities elsewhere. Mr. Lang said, according to the Law Director, it would violate either the Ohio or U.S. Constitution to record the pastor's comments, and fonner Administrator Dave Gully came up with the creative idea of having religious leaders give a prayer, word of inspiration, etc. before the meeting. Mr. Wong wanted to remind people that the next Board meeting would be on the 3 rd Tuesday, the 18 th of December, not the 4th Tuesday, December 25 th. Mrs. Stoker said E ndea~or Elementary was one of 15 Ohio schools, out of 830 participating schools, to receive the 2012 Soar Award. Mr. Lang said a West Chester student, Emily Lotterer earned a perfect score on both her SAT and ACT tests, and that West Chester was represented in the state volleyball championships and football championships because Ursuline and Moeller have team members from West Chester. He also noted that our Assistant Police Chief, Dave Kelly, has a son on Alabama's football team, so West Chester would be represented in the NCAA football championship. Ad i Olll'l1m en t At 7: 13 p.m., Mr. Wong made a motion to "adjourn the Regular meeting and go into Executive Session with legal counsel for the purpose of considering and discussing,i), personnel mailers, and potential release of employees of a certain collective bargaining unit,2), acquisition, sale, and swap of real property, and, 3), current and pending litigation. The Board will return." The motion was seconded by Mr. Lang. Discussion: none. Motion canied unanimollsly. R cad j 0 IIl'n III e.nt Subsequent the Executive Session Mrs. Stoker declared the Board in session. In the absence of a roll call, Mr. Jones noted that all- Mrs. Stoker, Mr. Wong, and Mr. Lang - were present. Mrs. Stoker entertained a motion to approve and execute settlement agreement and full and final release of all claims for personal claim number OTRO 15485A 1, and to authorize payment of funds designated therein. Mr. Lang so moved and Mr. Wong seconded the motion. Discussion: none. Motiou can'ied unanimollsly. December 4,2012 Cfif- Page 6 of 7.

7 Adjournment MOTION made by Mr. Wong to adjourn, seconded by Mr. Lang. carried unanimously. ~ Bruce Jone, ~I Officer Discussion: none. Motion Catherine Stoker, President *** FISCAL OFFICER NOTE: Subsequent review and approval by the trustees, it was noted these minutes do not reflect the trustee's action on the motion made at the bottom of page3 pertaining to approval of the lease agreement between the West Chester Board of Trustees and the Board of the National Voice of America Museum of Broadcasting: There was a roll call vote on the motion - relative Statutory Resolution No end tho motion """iod nn"nimone1y. ~,~n ' 3 December 4, 2012 Page 7 of 7.