Orange Township Trustees October 2, 2017 Regular Meeting

Transcription

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 7:00 p.m. This meeting was held at the Orange Township Hall, 1680 East Orange Road, Lewis Center, Ohio ROLL CALL: Robert Quigley present, Deborah Taranto present, Lisa F. Knapp present. Mr. Quigley asked everyone to take a moment of silence for today s events. PLEDGE OF ALLEGIANCE TOWNSHIP OFFICIALS ALSO PRESENT Matt Noble Fire Chief Joel Spitzer Fiscal Officer Beth Hugh Maintenance and Parks Director Michele Boni 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 PUBLIC COMMENTS REGARDING ITEMS NOT OTHERWISE ON THE AGENDA Mr. Quigley asked anyone to come forward. Ken Schmid, 6304 Center Street, Lewis Center, Ohio came forward. He commented: He had heard rumors the Board was considering closing the railroad crossing on Franklin Street Ms. Taranto commented they have been asked to He asked what was the reason, why? Mr. Quigley commented the Board has been approached because having the two of the crossings so close, it is a safety concern, it is the railroad s opinion to limit it to one crossing, from a safety stand point Mr. Schmid commented it was also rumored that the railroad was going to give the Township money to close it and use it to do trails He commented he lives in this community; he and the people who do use this crossing, to get onto Lewis Center Road If you try to get onto Lewis Center Road from Center Street he felt you took your life into your own hands because of traffic flying up over that hill Those people are doing mph and you have approximately 20 yards to make your decision With all the building that has been going on, he felt traffic has at least doubled if not tripled in the last year It is very tough to get out of there He felt for this Board to consider closing this, when it is needed and they use it; to get money to build a hiking trail zone who s going to use it? He felt it would not be in their area Ms. Taranto commented the railroad came to the Board and asked them to close it 1

2 Ms. Taranto continued the package for trails and so forth; those are things that they do; they offer; to sweeten the deal Mr. Schmid commented is not what he understood; he understood if they didn t close the crossing they were not going to get the money Ms. Taranto and Knapp commented that was correct Ms. Hugh, Maintenance and Parks Director commented the money isn t for trails; the money the township would get would be to do the improvements to close the railroad Mr. Schmid commented the money would be used to fix the crossings the township has now; they are so bad you have to drive 10 mph, he named the crossings he is concerned with Mr. Bodnar, Township Administrator, commented that it was up to the railroad to fix the tracks Mr. Bodnar also commented if he could have his name and telephone number; he would call him when it would be on the agenda Mr. Schmid heard something about a quiet zone Mr. Quigley commented a quiet zone is where the railroad comes in and with extra measures of safety devices and various things that would be at a cost of the entity He continued the purpose behind it is to make it as safe as possible where theoretically engineers will not sound their horn Mr. Schmid wondered if they closed the crossing; they wouldn t sound their horn any more Mr. Quigley commented no, it was not what he was saying, you still have the other crossing He went on to explain what he was saying, that if they did put a quiet zone in, then theoretically the engineers would not need to sound their horns like they are supposed to, however, there is no guarantee to that; they are not held up to any kind of standard to say they would not Mr. Schmid explained what he thought it may mean and Mr. Quigley commented it could have been part of it; it could go in that direction, it was not discussed Mr. Schmid commented the big problem he had were the tracks themselves; they ve got to be fixed Ms. Hugh asked to share some information; on Orange Road you can clearly see the railroads run in their own right of way; Orange Township is not allowed to be there; they are not even supposed to fix the big pot hole eastbound headed up She does let the men sneak in and patch it when she can t get a response from the railroad, you can tell the nice roadway on the east side and the west side were the township s; the township is not allowed in the middle, the railroad right of way Mr. Quigley explained every so often the township has to contact the railroad letting them know how bad their right of ways are Mr. Schmid explained a situation this past Thursday evening regarding getting out and having a train; once he got out and across the tracks there were at least 62 cars waiting heading westbound; he didn t know what was going to happen once Evans Farms is built, it will be a nightmare Mr. Quigley asked Mr. Bodnar to explain the Evans Farm impact Mr. Quigley asked Mr. Bodnar to reach out to the county to possibly help with that possible situation Mr. Quigley asked for any other comments. Ms. Teresa Wickline, 1354 Church Street, Lewis Center, Ohio came forward. She commented: She asked if it were true, that it cannot be a quiet zone, if there are two crossings that are that close together, and it would take a large chunk of money, and this is one of the reasons the railroad would like to close it She heard that Evans Farms kinda promised that to the people that they are building for out there Mr. Quigley commented technically you could put both into a quiet zone and maintain them Mr. Quigley concurred with Ms. Wickline it would take a big chunk of money to make Franklin Street crossing a quiet zone 2

3 She wondered if this was part of the problem Mr. Quigley commented any quiet zone is very expensive, he thought the cost could be $250,00.00 to $500, for one quiet zone plus possible electronics updates Ms. Taranto commented she had heard Evans Farms has talked about making that investment into making it a quiet zone; whether it happens or not, she didn t know Ms. Wickline commented she knew someone buying a house there and that is what they were told Ms. Knapp wondered if it was in the purchase contract; Ms Wickline commented she could find out Ms. Knapp commented it probably isn t legally binding if it is not in the contract Ms. Knapp asked Mr. McCarthy if it were in zoning and Mr. McCarthy commented no, they could not regulate public utilities, they are specifically exempt from township zoning Ms. Wickline also uses the crossing all the time; sometimes you can t even get out on Center Street She expressed concern also about the speed of vehicles coming over the hill on Lewis Center Road She asked if there were any way when the traffic is stopped there and backed up, for buses, trains or whatever, the Center Street entrance and exit to go out onto Lewis Center Road is always blocked She wondered if some sort of sign could be put there regarding blocking Center Street Ms. Hugh explained Lewis Center Road is a county road; but she would check with them to see if there can be a do not block the intersection sign posted Mr. Quigley was glad the people had come in, the township has had the railroad come in a couple times to present their concepts to the Board and it was advertized so he was glad they came in tonight A voice from the audience asked where it was advertized. Mr. Quigley responded with the meeting minutes, meeting announcements that were published out there. Mr. Bodnar commented it was in the newspaper a couple times. Ms. Knapp asked if it were actually advertized. Mr. Quigley commented no, but the agenda was. Ms. Knapp commented then it wasn t actually advertized. Mr. Quigley asked Mr. Bodnar what newspaper the township uses, and he responded the Delaware Gazette, but it was not actually advertized and is not required to be. A voice wondered if it should have been. Mr. Bodnar explained it was just discussed; there was no action taken. There was a discussion with Mr. Bodnar and female voices (Ms. Wickline and another in the audience?) about the wording of an agenda item on the August 7, 2017 agenda. Ms. Taranto commented that no one on the Board has moved forward to even come to a decision; but part of the process, if they should decide to move forward there has to be community discussion; to bring it to the public. The public would come and tell us yes you want or no you do not want it. So the Board would absolutely get their feedback on what they would like before any movement is taken. Ms. Knapp asked Mr. Bodnar what the plan was for that. Mr. Quigley commented as the commission said there would be 3 public meetings. It would go out in the news and there is also a list serve for getting the agenda, or whatever you would like to get notification on. If the Board would decide to make a serious decision on that, there would have to be 3 public meetings. Ms. Wickline continued: She asked to show the Board pictures of the railroad She commented this is what they look at on a daily basis; she was hoping the railroad would clean the area up She commented she only took pictures of one section of the railroad She worried about children going to this area and possibly being cut The railroad did put up a chain link fence when they complained once She wondered why if they have so much money to throw around why don t they clean up alongside the tracks Mr. Quigley commented they would say something She explained they did clean up once and put a chain link fence up, but the fence doesn t help; it doesn t hide anything; it is more of an eyesore 3

4 Ms. Taranto commented it never hurts to write to the Board, to write to Pat Tiberi. She felt Congressman Tiberi has some sway with the railroads. These kind of things help. Ms. Wickline asked if Mr. Bodnar found the information they were referring to. Mr. Bodnar commented yes he found it and he stood corrected. He read from the August 7, 2017 regular trustee minutes draft. He and the Board asked them to leave name and numbers so they would be notified on meetings. Mr. Quigley encouraged signing up on the list serve. Ms. Wickline continued: They had heard from some people; the EMT Station on Franklin Street is being considered for closure; and they are wanting to put in a pizza place/barbeque/bar Mr. Quigley explained the EMT Station is township property that is leased to the county; a yearly basis Ms. Taranto commented there is a building that has businesses in it, that Ms. Wickline may be talking about Jeri Dill, 1557 Franklin Street, Lewis Center, Ohio came forward. She commented: She also lives in the village; within eyesight of the crossing She has the same concerns as the two previous speakers She has trouble getting out of the village at 7:15 a.m. trying to turn left onto Lewis Center Road She has been waiting over a month for the notes that Mr. Bodnar had read from to be posted She didn t understand the time table for those to be posted; It is now, and the August minutes are still not posted That is how she hoped to get the information from the July meeting where Mr. Bodnar was going to give the Board a report on August 7, 2017 Ms. Knapp commented they were delayed for various reasons but the draft is public record; Ms. Dill can call in for the draft. They are only posted after they have been approved. She asked if they were going to be approved this evening, with the September 19, 2017, meeting. Mr. Quigley commented the August 7, 2017, and August 28, 2017, minutes were on the agenda. Ms. Dill asked if there was more than 30 day lag. Mr. Quigley commented there usually wasn t, he thought the minutes were asked to be tabled a couple times. Ms. Dill continued: She understood delays but when they asked, and they were told they could read the minutes and could go on line for agendas The agendas continue to say Railroad Commission is coming to talk She had spoken to Mr. Bodnar two weeks ago and specifically asked about Franklin Street; he said it was not up for discussion right now and tonight s meeting Orange was to be discussed She felt Franklin Street keeps being pushed to the bottom of the decision; she felt like they were a pawn; this can happen, if this happens Ms. Taranto commented; what was happening now; they were not closing Franklin Street so far; but we have told them we have to move with the Orange Township Bike Trail. The Board was not willing to wait. That is why he (Mr. Dietrich, Executive Director of the Ohio Rail Development Commission), was here tonight; it is not for the reason for closing Franklin Street; they are crossing Orange Road regardless. Ms. Dill asked, so the trustees are not taking the position, if you do this, we will do this ; but Orange needs fixed; Franklin Street is not on it. Mr. Quigley commented there has been a lot of back and forth regarding the trails, and we need to get this done. There have been so many delays, it needs to get done. Ms. Dill continued her other question was there a conservative effort to work with the county. They are ready to move forward with public information meetings, the middle of this month on 4

5 the widening of Lewis Center Road from the high school to the railroad with the roundabout going in at North Road. She felt this would also affect the west village because if they can t get out Franklin Street and they can t get out because of construction. They are telling them it is going to start the fall of The info meetings will be in a couple of weeks. Mr. Quigley commented it was on their radar and they were trying to get it out there on public media to make everyone aware. Ms. Dill wanted to make sure everyone is thinking of the same issues, we can t have construction on Lewis Center Road and close Franklin Street crossing. Mr. Bodnar announced the meeting was going to be October 17, 2017, from 4:30 p.m. to 6:30 p.m. at the Lewis Center United Methodist Church, at 1081 Lewis Center Road, Lewis Center, Ohio :00 P.M. DISCUSSION WITH MR. MATT DIETRICH, EXECUTIVE DIRECTOR OF THE OHIO RAIL DEVELOPMENT COMMISSION, REGARDING THEIR REVIEW OF THE ORANGE ROAD TRAIL CROSSING Matt Dietrich, Executive Director of the Ohio Rail Development Commission, 1980 West Broad Street, Columbus, Ohio, came forward. He commented: He would like this more to be a dialogue with Orange Township about safety issues with railroad crossings There have had discussions about safety and a pedestrian crossing at the Orange Road Crossing They have taken a look at it and had some of their engineering consultants that specialize in crossings regarding pedestrian safety crossing look at it He has provided a response to Mr. Bodnar; Mr. Bodnar asked if he would come to the meeting to be available for questions etc. He thought the way it was built; you could build it tomorrow; it is their call, they are a local community Ms. Hugh commented she would build it tomorrow if she had the railroad s permission. He commented: If there is an agreement they would support it; but there were some questions about the design Ms. Taranto commented, in the response on a page; they had given all their reasons why they would not use that particular style crossing, the z gate; but then on the last page they gave all the reasons why you would use that style. She felt we need everything; we have high pedestrian volumes, the train speeds, extremely wide crossings, multiple tracks. She felt like we met all the reasons to have the z gate. Mr. Dietrich commented he doesn t know the pedestrian volume; but again it is a community decision. He then reviewed his response to Mr. Bodnar. He discussed the concerns of the distance between the tracks and the slope and different elevations of the tracks. It was discussed there be additional signage between the tracks for the people to continue to look for trains. Ms. Hugh gave her thoughts on the z gate. Mr. Bodnar asked since the road right of way is in the railroad easement is there a possibility of the community to choose another methodology. There was a brief discussion of the road right of ways. Mr. Dietrich commented if it were the township s road right of way there would be more flexibility. Mr. Dietrich stated again they would try to work with the Orange Township community; they highly suggested additional signage between the tracks. Mr. Bodnar asked for Mr. Dietrich s help with sharing this plan with the two railroads; to possibly expedite this process. Mr. Dietrich agreed. 5

6 Ms. Taranto asked Mr. Dietrich to explain to the audience about the Franklin Street crossing. She also asked him to explain who he was, and he was not a representative of either of the railroads but was with the Ohio Rail Development Commission (a state agency). He explained their agency s purpose; how they try hard to work with everyone. He answered the audience s questions. 7:15 P.M. DISCUSSION BY MR. SCOTT BELCASTRO, PRINCIPAL, TREBEL LLC REGARDING THE SOLAR PANEL PROJECT AT BRIDGE PARK Scott Belcasto, of Trebel LLC came forward. He commented: He came to talk about two issues; the electric aggregation and the solar project (He apparently passed out information) commented it was the natural gas settlement price contract He wanted to show where the trend in energy is right now It is at a pretty decent spot right now for renewal next year He reviewed pricing currently; but it will generally go higher in the coming fall/winter months He reminded the Board when their contract will be up and typically they would like to start working on it six months ahead He was guessing but he thought the first meeting in November is when he would like to come back and present the bid package Brian Hock, 2036 Alum Crossing Drive, Lewis Center, Ohio asked Mr. Belcastro if he was talking about electricity or gas. Mr. Trebel commented he was talking gas but as it relates to electricity in the bigger picture. Bob Lame, 1933 Orangelake Drive, Lewis Center, Ohio commented he had Suburban Gas and asked, did it affect him. Mr. Trebel commented he was just talking about electric aggregation and the effects of gas pricing in relationship to electric pricing. Mr. Lame wondered why even bring up natural gas. Mr. Trebel commented to show the energy market in general. Mr. Trebel continued: The other issue was the solar in Bridge Park He is working with a new insulation group to do an upgrade to the system The installation initially was not done the way he would have liked it; not the way that was agreed to do it He wants to get it done the way it was agreed upon to do it The numbers on how much electric it is producing versus what is on the grid; it is an off grid system; it doesn t tie in It won t produce until a tremendous expense is spent to make it do this His thought is Bridge Park solar facility stands alone; doesn t get a lot of use; unless it is a 5k race or something All he wanted to do is upgrade the system where it would do a couple crock pots at once; a couple cell phones, and a computer all running at the same time He wanted to make the system work for six hours Doesn t need a massive upgrade but to go from 3 panels to six panels on top; put in two more batteries; and reposition the batteries to a ground mound He would like to make sure it is put where we said we were going to put it The expense to rework this would be $1, for the two batteries for the township and they would pay for the reinstallation and the new panels, new inverter and everything else Ms. Hugh asked how many watts would this generate. Mr. Trebel commented around 11 amps; he thought slightly over 1,000. She asked about the lights running in December along with the crock pots He said yes. Ms. Hugh gave a background. There was a brief discussion. Jamie Stabl, 6266 Westwick Drive, Lewis Center, Ohio came forward. He questioned the costs of previous work and the possible additional work. Ms. Hugh explained the previous cost has been held because it wasn t done as agreed upon. Mr. Stabl made a comment also about the railroad discussion. He wondered, Mr. Dietrich commented it was a community decision but he 6

7 thought the railway systems had to give permission also. Mr. Quigley commented Norfolk Southern was the one who suggested the z gate; and the township was trying to work with CSX. APPROVAL OF MINUTES AUGUST 7, 2017 REGULAR TRUSTEE MEETING Ms. Knapp commented on the August 28, 2017 minutes. Her mother-in-law passed away on August 27, 2017, and she informed Mr. Bodnar she would be missing the meeting because of that reason. She asked for that to be included in the minutes. She was told that it can t be because it wasn t stated at the meeting; but she had a set of minutes from 2012 where something was added that actually wasn t stated at the meeting. Mr. McCarthy commented he sympathized with her situation, the minutes are to reflect what happens at the meeting and if that didn t happen at the meeting, then those minutes aren t the right vehicle. However, he felt if there was a clarification at this meeting requesting that it be recognized by the Board, he felt that would work. Ms. Knapp reference the January 6, 2012, meeting minutes and it referenced a text she had sent Mr. Quigley, but wasn t said at the meeting. She felt it was being played both ways. RES APPROVAL OF MINUTES Motion by Mr. Quigley to approve the August 7, 2017, regular trustee meeting minutes as presented. Seconded by Ms. Taranto. VOTE: Quigley yes, Taranto yes, Knapp no. AUGUST 28, 2017 REGULAR TRUSTEE MEETING RES APPROVAL OF MINUTES Motion by Mr. Quigley to approve the August 28, 2017, regular trustee meeting minutes as presented. Seconded by Ms. Taranto. Mr. Spitzer asked if they wanted to clarify with changes. Mr. Quigley commented it would be noted in these minutes today. VOTE: Quigley yes, Taranto yes, Knapp no. ZONING REPORT ORANGE TOWNSHIP ZONING HEARINGS/MEETING REPORT Ms. Boni, Planning and Zoning Director commented the Zoning Commission recently recommended the rezoning application #ZON the Enclave at Abbey Knoll. The other Application #ZON Evans Farm was recommended and a meeting date is to be scheduled tonight. Other Zoning Commission meetings are: Thursday, October 12, 2017, Rezoning Application #ZON Clear Creek Monday, October 30, 2017, Rezoning Application #ZON Clear Creek Thursday, November 9, 2017, Rezoning Application #ZON Wal-Mart. There are no Board of Zoning Appeals currently scheduled. She noted that second OSU Land Use Update meeting is scheduled for Thursday, October 5, SET DATE FOR BOARD OF TRUSTEE HEARING REGARDING ZONING CASE #ZON , EVANS FARM LAND DEVELOPMENT COMPANY LLC 7

8 RES SET HEARING DATE Motion by Mr. Quigley to hold the zoning hearing for Case #ZON17-07; Evans Farm Land Development Company LLC, at the October 23, 2017, at 8:00 p.m., at township hall. Seconded by Ms. Knapp. VOTE: Quigley yes, Knapp yes, Taranto yes. DISCUSSION AND POSSIBLE ACTION REGARDING BLOCK PARTY APPLICATION Ms. Boni noted there had been no changes to the draft application she presented at the last trustee meeting. RES APPROVING THE USE OF A BLOCK PARTY APPLICATION Motion by Mr. Quigley; WHEREAS, pursuant to R.C the Board of Trustees (the Board ) has control over all township roads in Orange Township; and, WHEREAS, from time-to-time township residents request permission from the Board to temporarily close a township road for a private event; and, WHEREAS, before the Board will approve a temporary road closure, it must be fully informed of the details of the event and be satisfied that the road closure is justified; and, WHEREAS, the Board will require that a resident seeking permission to temporarily close a township road must first complete a Block Party Application and pay an application fee. NOW THEREFORE BE IT RESOLVED by the Board of Trustees of Orange Township, Delaware County, Ohio, that: Section 1. The Board hereby approves and adopts the attached Block Party Application. The Application shall be completed any time a township resident requests a township road to be closed for a private event. Section 2. The Board hereby imposes a fee of twenty-five dollars ($25) to cover the administrative costs of processing the Block Party Application. The Application will not be approved until the fee is paid. Section 3. All formal actions of this Board concerning and relating to the passage of this Resolution were adopted in an open meeting of the Board, and all deliberations of this Board and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including R.C Section 4. This Resolution shall be in full force and effect immediately upon adoption. Motion seconded by: Ms. Taranto. VOTE: Quigley yes, Taranto yes, Knapp yes. Attached This space left purposely blank. 8

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10 DISCUSSION AND UPDATE ON THE ZONING ENFORCEMENT OFFICER POSITION POSTED Ms. Boni commented she started interviewing this past week and hoped to have a recommendation by the next trustee meeting. They have done 3 interviews and the fourth will be this week. MAINTENANCE REPORT Ms. Hugh commented she had three updates/projects and she would like their opinion. She is going to work off of blanket purchase orders and looking to move forward. The first is a drainage project that is on Bale Kenyon on the south side from Powell Road down about 1000 feet into a driveway area. They are working with the home owner. It would be approximately $30, She offered to send additional information to the Board. She talked about the Polyfil. They are also looking at a second option called Mastic. It is similar to the Polyfil, but it has a little more 10

11 elasticity. Polyfil is for the cracks in the road that have bumps in them. The cracks without bumps they are going to use the Mastic. The cost will be approximately $60, & $70, The third item is the ADA ramps for She is working with Decker. DISCUSSION AND POSSIBLE ACTION REGARDING SELLING VEHICLE TO MORGAN COUNTY Ms. Hugh commented the Board had been provided information about the truck. This is one of the trucks they had talked about in appropriations to put up for sale this year. Morgan County contacted them and is willing to pay $30, They feel it is a fair price. She asked if the Board was okay with this. DISCUSSION AND POSSIBLE ACTION REGARDING AGREEMENT WITH SUBURBAN NATURAL GAS Ms. Hugh asked if there were any questions. She went on to explain the agreement. She wanted to make sure the Board understood. Ms. Hugh answered the Board s questions and Mr. McCarthy commented also. RES APPROVING AND AUTHORIZING A MASTER UTILITY CONSTRUCTION AND MAINTENANCE AGREEMENT WITH SUBURBAN NATURAL GAS COMPANY Motion by Mr. Quigley; WHEREAS, due to the growing population of Orange Township and related road congestion, the Board of Trustees (the Board ) will continue to acquire and appropriate property for the purpose of widening and improving township roads; and, WHEREAS, such acquisitions and appropriations frequently impact Suburban Natural Gas Company s ( Suburban ) property rights; and, WHEREAS, the Board and Suburban share an interest in certain administrative efficiencies that could be achieved by memorializing and documenting certain policies and preferences of the parties, thereby promoting a more efficient coordination and exchange of information on road projects; to the mutual benefit of Orange Township, Suburban and its customers, and the travelling public; and, WHEREAS, the Delaware County Engineer has approved a substantially similar agreement with Suburban to accomplish the aforesaid efficiencies on county road projects and it has proven to be satisfactory to the parties and has achieved the intended efficiencies; and, WHEREAS, the Board now desires to enter into the attached Agreement with Suburban. NOW THEREFORE BE IT RESOLVED by the Board of Trustees of Orange Township, Delaware County, Ohio, that: Section 1. The Board hereby authorizes and approves the attached Master Utility Construction and Maintenance Agreement with Suburban Natural Gas Company. Section 2. The Board hereby authorizes Mr. Lee Bodnar to execute the Agreement on the Board s behalf. Section 3. All formal actions of this Board concerning and relating to the passage of this Resolution were adopted in an open meeting of the Board, and all deliberations of this Board and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including R.C Section 4. This Resolution shall be in full force and effect immediately upon adoption. Motion seconded by: Ms. Knapp. 11

12 VOTE: Quigley yes, Knapp yes, Taranto yes. DISCUSSION AND POSSIBLE ACTION REGARDING FLASHING SCHOOL ZONE LIGHTS ON LEWIS CENTER ROAD Item tabled. DISCUSSION AND POSSIBLE ACTION REGARDING SIGNAGE MAINTENANCE Ms. Hugh noted there have been some questions in the eight years that she has worked here. There are a group of developments that during the zoning process, the developer has put in specialty signs. Ms. Hugh named several developments that have them. The street signs are put on decorative posts. Some of the zoning states the HOA takes care of just the street signs. Some zoning documents states the HOA take care of the street signs and the regulatory signs. She has maintained a list. Recently zoning and Ms. Hugh has worked together and has come up with a spreadsheet. She explained the situation with the signage which she has discussed with Mr. McCarthy and Mark Fowler, Delaware County Assistant Prosecutor. She explained how she would like to compromise the situation. Ms. Hugh answered the Board s questions. A voice from the audience commented his development had to pay the township for a stop sign that had to be replaced in their development. The Board and Ms. Hugh asked him to please check and see if they paid the township or who was paid. RES ADOPTING A POLICY FOR THE REPLACEMENT OF STREET SIGNS IN PLANNED DEVELOPMENTS THAT ADDRESS STREET SIGNS IN THE FINAL DEVELOPMENT PLAN Motion by Mr. Quigley; WHEREAS, pursuant to R.C and R.C the Board of Trustees (the Board ) has control over all township roads and road rights-of-way in Orange Township; and, WHEREAS, certain planned developments in the Township have included in their final development plan provisions that their homeowner s association ( HOA ) will be responsible for the care, maintenance, and replacement of the street signs in the development; and, WHEREAS, many of these developments use decorative signage and signposts that deviate from the standard signage and signposts used by Orange Township; and, WHEREAS, some of these planned developments are now asking the Board to replace the signage or signposts in their developments and are requesting that the replacement match the original; and, WHEREAS, the Board desires to adopt a policy regarding this matter so that all similarlysituated developments are treated uniformly. NOW THEREFORE BE IT RESOLVED by the Board of Trustees of Orange Township, Delaware County, Ohio, that: Section 1. The Board hereby adopts a policy that, where a planned development places the duty to maintain signage and signposts with the HOA, and the HOA later asks the Township to replace signage and signposts, the Township will purchase and install road signs on standard Township posts. The HOA's will be permitted to locate the signs on township approved decorative posts at the HOA's cost. Section 2. All formal actions of this Board concerning and relating to the passage of this Resolution were adopted in an open meeting of the Board, and all deliberations of this Board and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including R.C

13 Section 3. This Resolution shall be in full force and effect immediately upon adoption. Motion seconded by: Ms. Taranto. VOTE: Quigley yes, Taranto yes, Knapp yes Mr. Quigley asked for a 5 minute recess. Mr. Quigley returned the meeting to Regular Session. REGULAR SESSION (Continued) PARK REPORT Ms. Hugh mentioned the snow cone machine, the hot dog bun warmer, and the cotton candy machine all sold as one unit on Gov.Deals for $ DISCUSSION AND POSSIBLE ACTION REGARDING RACE AGREEMENT FOR GREENSWELL, LLC Ms. Hugh explained this is a fund raising event in conjunction with Mount Carmel. RES ENTER INTO A RACE AGREEMENT WITH GREENSWELL LLC, FOR USE OF RECREATIONAL TRAIL PREMISES LOCATED AT NORTH ORANGE PARK AND ORANGE TOWNSHIP TRAIL SYSTEM Mr. Quigley moved the adoption of the following Resolution: BE IT RESOLVED that the Board of Township Trustees of Orange Township, Delaware County, Ohio, approve and enter into an agreement with Greenswell LLC for the use of recreational trail premises located at North Orange Park and Orange Township Trail System for the Greenswell, LLC 4 Mile Run/Walk on December 9, The agreement shall be in the form presented to the Board as being made with Greenswell LLC, titled Orange Township Race Agreement and bearing in its footer the identifying version date of BE IT FURTHER RESOLVED that Ms Hugh. shall execute such Agreement on behalf of the Board. Motion seconded by Ms. Knapp. VOTE: Quigley yes, Knapp yes, Taranto yes. APPROVE PAY APPLICATION FOR TRUCCO NORTH ORANGE PARK - $530, RES AUTHORIZE RELEASE OF PAYMENT TO TRUCCO CONSTRUCTION CO., INC. Motion by Mr. Quigley to authorize release of payment to Trucco Construction Co., Inc. for pay application #3 in the amount of $530,243.84, for North Orange Park. Seconded by Ms. Knapp. VOTE: Quigley yes, Knapp yes, Taranto yes. DISCUSSION AND POSSIBLE ACTION REGARDING POND AERATION FOR NORTH ORANGE PARK & TOWNSHIP HALL PARK Ms. Hugh explained the paperwork given to the Board. She explained what this would do and hopefully solve the algae problem Mr. Stabl, 6266 Westwick Drive, Lewis Center, Ohio commented ponds are sensitive to the wet/dry season. He felt you could have aerators, anglers, blue gil that will eat the algae etc. Weeks of 90 degree weather and weeks without rain, you are going to have algae. It is a given, can t stop it. He explained about his development s pond. He wanted the Board aware with the high temperature and lack of rain; you are going to have algae. 13

14 RES APPROVING A SALE AGREEMENT WITH LAKE DOCTOR S INC. Motion by Mr. Quigley; WHEREAS, Orange Township owns and maintains the pond at North Orange Park; and, WHEREAS, Sections and of the Ohio Revised Code authorizes the Orange Township Board of Trustees ( Board ) to contract for the care, maintenance, and upkeep of public parks; and, WHEREAS; the Lake Doctor s Inc. (Lake Doctor s) sells equipment necessary for the care and maintenance of lakes and ponds; and, WHEREAS; the pond at North Orange Park requires an aeration system to be installed; and, WHEREAS; the Board desires purchase an aeration system from Lake Doctor s. NOW THEREFORE BE IT RESOLVED by the Board of Trustees of Orange Township, Delaware County, Ohio, that: Section 1. The Board hereby approves the attached Sales Agreement and Addendum with Lake Doctor s for the purchase of an aeration system for the pond at North Orange Park. Section 2. All formal actions of this Board concerning and relating to the passage of this Resolution were adopted in an open meeting of the Board, and all deliberations of this Board and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including R.C Section 3. This Resolution shall be in full force and effect immediately upon adoption. Motion seconded by: Ms. Knapp. VOTE: Quigley yes, Knapp yes, Taranto yes. Attached This Space Was Intentionally Left Blank 14

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18 Orange Township Trustees ADDENDUM TO THE TERMS AND CONDITIONS OF THE SALES AGREEMENT BETWEEN THE LAKE DOCTOR S INC. AND ORANGE TOWNSHIP, DELAWARE COUNTY, OHIO CAMPAIGN FINANCE COMPLIANCE WITH ORC Ohio Revised Code Section I(3) and J(3) requires that no political subdivision shall award any contract for the purchase of goods with a cost aggregating more than ten thousand dollars in a calendar year or services with a cost aggregating more than ten thousand dollars in a calendar year to a corporation, business trust, individual, partnership or other unincorporated business, association, including, without limitation, a professional association organized under Chapter 1785 of the Revised Code, estate, or trust unless the political subdivision has received for that calendar year, or the contract includes, a certification that the individuals named in said sections of the Revised Code are in compliance with the applicable provisions of section of the Revised Code. The Contractor/Provider, 18

19 therefore, is required to complete the attached certificate/affidavit entitled Certification/Affidavit in Compliance With O.R.C. Section Failure to complete and submit the required aforementioned certificate/affidavit with the Contract will prohibit the Township from entering, proceeding with, and/or performing the Contract. Such certification is attached to this Contract and by this reference made a part thereof. INDEPENDENT CONTRACTOR ACKNOWLEDGEMENT/ NO CONTRIBUTION TO OPERS: Orange Township is a public employer as defined in R.C (D). The Township has classified The Lake Doctor s, Inc. ( Company ) as an independent contractor or another classification other than public employee. As a result, no contributions will be made to the Ohio Public Employees Retirement System ( OPERS ) for or on behalf of the Company and/or its officers, officials, employees, representatives, agents, and/or volunteers for services and/or deliverables rendered and/or received under or pursuant to this Contract. The Company acknowledges and agrees that the Township, in accordance with R.C (A), has informed it of such classification and that no contributions will be made to OPERS. If the Company is an individual or has less than five (5) employees, the Company, in support of being so informed and pursuant to R.C , agrees to and shall complete and shall have each of its employees complete an OPERS Independent Contractor Acknowledgement Form ( Form ). FISCAL OFFICER S CERTIFICATION (RC (D)): The Orange Township Fiscal Officer hereby certifies that the funds required to meet the obligation set forth in this Agreement have been lawfully appropriated for such purpose and are in the township treasury or in the process of collection, free from any other encumbrances. The Orange Township Fiscal Officer also certifies that it has confirmed with the State of Ohio Auditor that The Lake Doctor s, Inc., has no outstanding findings for recovery pending or issued against it by the State of Ohio. Joel Spitzer Orange Township Fiscal Officer RESCIND RESOLUTION RES RESCIND RESOLUTION Motion by Mr. Quigley to rescind RES Seconded by Ms. Taranto. VOTE: Quigley yes, Taranto yes, Knapp yes. RES APPROVE AN AGREEMENT WITH THE EDGE GROUP FOR SITE PLANNING AT VETERANS MEMORIAL PARK Motion by Mr. Quigley; WHEREAS, the Orange Township Board of Trustees ( Board ) desires to create a new public park on Township-owned land at S. Old State and E. Orange Roads ( Park); and, WHEREAS, the creation of the Park requires site planning and conceptual design; and, WHEREAS, the firm The Edge Group provides conceptual site planning services; and, WHEREAS, the Board desires to hire The Edge Group to design a site plan for the Park. NOW THEREFORE BE IT RESOLVED by the Board of Trustees of Orange Township, Delaware County, Ohio, that: Section 1. The Board hereby approves the attached Agreement, including Addendum, with the Edge Group to prepare site plans for the Park. Section 2. The Board authorizes Maintenance and Parks Director Director Beth Hugh to sign the Agreement on the Board s behalf. 19

20 Section 3. The Board authorizes a purchase order to Edge Group for services provided per the Agreement at an amount not to exceed five thousand dollars ($5,000). Section 4. All formal actions of this Board concerning and relating to the passage of this Resolution were adopted in an open meeting of the Board, and all deliberations of this Board and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including R.C Section 5. This Resolution shall be in full force and effect immediately upon adoption. Motion seconded by: Ms. Taranto. VOTE: Quigley yes, Taranto yes, Knapp no. THIS SPACE WAS PURPOSELY LEFT BLANK 20

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24 This space purposely left blank. ADDENDUM TO THE TERMS AND CONDITIONS OF THE TASK ORDER AGREEMENT FOR VETERANS MEMORIAL PARK CONCEPTUAL SITE PLANNING BETWEEN THE EDGE GROUP AND ORANGE TOWNSHIP MAXIMUM PAYMENT: The maximum amount payable pursuant to this Agreement is five thousand dollars ($5,000). It is understood by the Parties that the actual amount paid may be less, based upon actual services provided under the Terms and Conditions. REIMBURSABLE EXPENSES: In the Terms and Conditions, the first sentence in the paragraph titled Reimbursable Expenses is hereby changed to include the following at the end of the sentence: with prior Township permission. The sentence shall now read: In addition to compensation provided for professional services, The EDGE Group, Inc. shall receive reimbursement for expenses incurred on behalf of the client towards the completion of the project, with prior Township permission. 24

25 INDEPENDENT CONTRACTOR ACKNOWLEDGEMENT/ NO CONTRIBUTION TO OPERS: Orange Township is a public employer as defined in R.C (D). The Township has classified The Edge Group ( Company ) as an independent contractor or another classification other than public employee. As a result, no contributions will be made to the Ohio Public Employees Retirement System ( OPERS ) for or on behalf of the Company and/or its officers, officials, employees, representatives, agents, and/or volunteers for services and/or deliverables rendered and/or received under or pursuant to this Contract. The Company acknowledges and agrees that the Township, in accordance with R.C (A), has informed it of such classification and that no contributions will be made to OPERS. If the Company is an individual or has less than five (5) employees, the Company, in support of being so informed and pursuant to R.C , agrees to and shall complete and shall have each of its employees complete an OPERS Independent Contractor Acknowledgement Form ( Form ). ACCESS TO AND RETENTION OF RECORDS: Edge for a minimum of three (3) years after reimbursement/compensation for services rendered under this Agreement, agrees to retain and maintain, and assure that all of is subcontractors retain and maintain, all records, documents, writings and/or other information related to performance of this Agreement. If an audit, litigation, or other action is initiated during the time period of this Agreement, Edge shall retain and maintain, and assure that all of its subcontractors retain and maintain, such records until the action is concluded and all issues are resolved or the three (3) years have expired, whichever is later. CAMPAIGN FINANCE COMPLIANCE WITH ORC : Ohio Revised Code Section I(3) and J(3) requires that no political subdivision shall award any contract for the purchase of goods with a cost aggregating more than ten thousand dollars in a calendar year or services with a cost aggregating more than ten thousand dollars in a calendar year to a corporation, business trust, individual, partnership or other unincorporated business, association, including, without limitation, a professional association organized under Chapter 1785 of the Revised Code, estate, or trust unless the political subdivision has received for that calendar year, or the contract includes, a certification that the individuals named in said sections of the Revised Code are in compliance with the applicable provisions of section of the Revised Code. INSURANCE: Edge shall carry and maintain throughout the life of the Contract such bodily injury and property damage liability insurance as is customary in the industry and shall provide coverage in an amount that is both customary in the industry and equal to and covering all sums which the Company may or shall become legally obligated to pay under this Contract. The Signatures below are signatures executing this Addendum and incorporating its terms into the Agreement between the Parties: THE EDGE GROUP Signature Date Printed Name Title ON BEHALF OF THE ORANGE TOWNSHIP BOARD OF TRUSTEES, DELAWARE COUNTY, OHIO Signature Date Printed Name Title FISCAL OFFICER S CERTIFICATION (RC (D)): 25

26 The Orange Township Fiscal Officer hereby certifies that the funds required to meet the obligation set forth in this Agreement have been lawfully appropriated for such purpose and are in the township treasury or in the process of collection, free from any other encumbrances. The Orange Township Fiscal Officer also certifies that it has confirmed with the State of Ohio Auditor that The Edge Group has no outstanding findings for recovery pending or issued against it by the State of Ohio. Joel Spitzer Orange Township Fiscal Officer RESOLUTION FOR THE EDGE GROUP VETERANS MEMORIAL PARK RES APPROVING AGREEMENT WITH THE EDGE GROUP, INC. FOR SITE PLANNING AT VETERANS MEMORIAL PARK Motion by Mr. Quigley; WHEREAS, it is the desired to create a new public park on Township-owned land at S. Old State and E. Orange Roads ( Park); and, WHEREAS, the creation of the Park requires site planning and conceptual design; and, WHEREAS, The EDGE Group, Inc. provides conceptual site planning services; and, WHEREAS, the Board desires to hire The EDGE Group, Inc. to design a site plan for the Park. NOW THEREFORE BE IT RESOLVED by the Board of Township Trustees of Orange Township, Delaware County, Ohio ( Board ) as follows: 1) The Board hereby approves a contract with The EDGE Group, Inc. to prepare site plans for the Park, the same collectively composed of the proposal by The EDGE Group, Inc. dated August 2, 2017 (RE: Task Order for Veterans Memorial Park Conceptual Site Planning) and its Terms and Conditions, as modified and initialed by the Maintenance and Parks Director, the Addendum to the Terms and Conditions of the Task Order Agreement for Veterans Memorial Park Conceptual Site Planning Between the Edge Group and Orange Township and the Acceptance of Modified Contract, all attached hereto and incorporated by reference herein. 2) The Board authorizes the Maintenance and Parks Director to execute the contract documents on behalf of the Board. 3) The Board authorizes a purchase order to The EDGE Group, Inc. for services provided per the contract at an amount not to exceed five thousand dollars ($5,000.00). 4) All formal actions of this Board concerning and relating to the passage of this Resolution were adopted in an open meeting of the Board, and all deliberations of this Board and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including R.C ) This Resolution shall be in full force and effect immediately upon adoption. Motion seconded by: Ms. Taranto. VOTE: Quigley yes, Taranto yes, Knapp no. 26

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34 Acceptance of Modified Contract. The terms of the proposal by The EDGE Group, Inc. dated August 2, 2017 (RE: Task Order for Veterans Memorial Park - Conceptual Site Planning), its Terms and Conditions, as modified and initialed by representatives of both parties and the Addendum to the Terms and Conditions of the Task Order Agreement for Veterans Memorial Park Conceptual Site Planning Between the Edge Group and Orange Township, all attached hereto, are hereby accepted and collectively constitute the final contract between the parties. APPROVED: The EDGE Group, Inc. APPROVED: Board of Township Trustees of Orange Township, Delaware County, Ohio 34

35 By: Signature Printed Name Title Date By: Signature Printed Name Title Date DISCUSSION AND POSSIBLE ACTION REGARDING PLAYGROUND EQUIPMENT Ms. Hugh reviewed the below purchase order and the additions. She has worked with Mark Fowler on Miracle not agreeing to change their terms and conditions of their agreement which includes indemnification clauses which the township does not want to sign. They have agreed if the township would send them a check, they would then send the equipment. Ms. Hugh answered the questions. Members of the Board conferred with Mr. McCarthy. PURCHASE ORDERS RES AUTHORIZE THE ISSUANCE OF A PURCHASE ORDER TO MIRACLE MIDWEST Motion by Mr. Quigley to authorize the issuance of a purchase order to Miracle Midwest, in the amount of $11,900.00, for playground equipment parts. Motion seconded by Ms. Taranto. VOTE: Quigley yes, Taranto yes, Knapp yes. RES AUTHORIZE THE ISSUANCE OF A PURCHASE ORDER TO THE LAKE DOCTORS INC Motion by Mr. Quigley to authorize the issuance of a purchase order to The Lake Doctors Inc, in the amount of $10,782.50, for North Orange Park pond aeration. Motion seconded by Ms. Taranto. VOTE: Quigley yes, Taranto yes, Knapp yes. Mr. Quigley asked about the Memorial Gardens. Ms. Hugh commented she had not had time to put all that together. They are looking at it under Park Board, but it is not finalized. PUBLIC SAFETY REPORT DECLARE 2001 DODGE DURANGO UNIT FOR USE AND REMOVE FROM INVENTORY Chief Matt Noble commented back in February the Board had agreed to use an old station vehicle for training purposes. The training is now complete. RES FINDING 2001 DODGE DURANGO TO BE NOT NEEDED FOR PUBLIC USE, OBSOLETE, OR UNFIT FOR THE USE FOR WHICH IT WAS ACQUIRED AND TO HAVE NO VALUE AND ORDERING IT TO BE DISCARDED OR SALVAGED Mr. Quigley moved the adoption of the following Resolution: WHEREAS, Resolution No authorized use of a 2001 Dodge Durango (VIN#: 1B4HS28N51F623960), previously purchased for fire department purposes and in need of repairs, for the provision of vehicle-related training and practice activities to fire department personnel and directed the disposition of the vehicle to be brought to the Board for determination upon completion of such use; and WHEREAS, the training and practice activities have been completed; and 35