04 April 2014

Walnut Township Trustees Meeting

April 15, 2014

The meeting was called to order at 7:00 PM. Trustees William Yates, Doug Leith and Terry Horn were present.

Randy Cotner, Superintendent for Walnut Township Schools presented information regarding Issue 6, operating levy, which will be on the May 6th ballot. The current levies were voted established in 1993 and 1994 and continue to generate the same amount – $250K and $258K. The school district only receives 21% of the funds from the state due to the student to dollar ratio. A home valued at $100K would pay an additional #241/year in taxes.

Bill Bradish, Palmer Energy presented information regarding the Electric Aggregation initiative that will be on the May 6th ballot. It is Issue 8 in Millersport, Issue 10 in Thurston and Issue 16 in Walnut Township. Historically, when a program such as this is put in place, the homeowner realized a savings of approximately $170/year. Electric bills are broken down into 2 areas – 50% +- distribution and Transportation – which is regulated by the PUCO and 50% +- Generation – which is the actual energy cost. The energy cost is where the savings will be seen. There are 35 counties in Ohio that are participating in this program.

Residents have the option to opt-out within 30 days of the program beginning. Palmer Energy will send out an RFP and once a contract is approved, then the program begins, most likely at some point in the fall. Residents will receive a second chance letter after the program begins that will allow them to opt-out at that point. Residents can opt-in at any point and receive the same rate. This program is only available to customers using under 70,000 kilowatts/year.

The minutes for March 4th were presented for approval. Trustee Leith made a motion to approve the minutes. Trustee Horn seconded the motion. The motion passed with 3 yes votes.

The minutes for March 18th were presented for approval. Trustee Leith made a motion to approve the minutes.Trustee Horn seconded the motion. The motion passed with 3 yes votes

The minutes for March 11th were presented for approval. Trustee Horn made a motion to approve the minutes.Trustee Leith seconded the motion. The motion passed with 3 yes votes

The minutes for April 1st were presented for approval. Trustee Horn made a motion to approve the minutes. Trustee Leith seconded the motion. The motion passed with 3 yes votes

The minutes for April 3rd were presented for approval. Trustee Horn made a motion to approve the minutes. Trustee Yates seconded the motion. The motion passed with 3 yes votes

Trustee Leith made a motion to approve checks 24292 through 24313 and EFTS 212-2014 through 258-2014, after being certified that funds are available and appropriations have been made by Fiscal Officer Kraner. Trustee Yates seconded the motion. The motion passed with 3 yes votes.

Comments from the Floor

Dale Bowers, Lieb’s Island wanted to know when the township would be cracksealing again. The trustees have already approved the budget to complete additional cracksealing this year.

Department Reports

Mr. Neeley – RPC – There is a potential for a legal case regarding the rezoning on North Bank.

Detria Hiles – Zoning Inspector – There have been 18 permits and 2 variances this year.

Roads and Parks – Tim Morris – Tim stated that Jim Butcher was able to have the damage on Truck #2 covered by warranty as a manufacturer fault.

John Sprout at the Buckeye Lake Winery is have a walk for Juvenile Diabetes on Sunday August 17th from noon to three and would like the approval for the trustees. No roads will be closed. The trustees have no objections.

Mike and Tim are generally available between 2:30 pm and 3:30 pm to receive used oil.

Old Business

The property at 13058 Elm Rd was given a residential permit and is actually B2. Trustee Horn stated that there are several different options to resolve the situation –

• – Rezone the parcel to residential – Elm and Forest north to Alder – which includes 9 parcels and 7 homes
• – The Zoning Commission could allow residential in a B2 district – there are currently only two other undeveloped parcels zoned B2
• – Allow residential as a conditional use in B2

David Lyles, the property owner, stated that he is improving the look of the trailer, will put in a permanent foundation, a pitched roof, gutters and add residential siding.

There was discussion regarding Residential Mixed Use (RMU) which allows residential with commercial services – this was added in 2010.

Trustee Horn moved to pass Resolution 07-2014 to rezone parcels between Elm and Forest at Fairfield Beach (as shown in Exhibit A) to Residential Mixed Use and to submit the request to the Walnut Township Zoning Commission.Trustee Leith seconded the motion. The motion passed with 3 yes votes.

A concerned resident mentioned the noise at the Campground at Fairfield Beach and asked what can be done. He has spoken with the owner, but it has not resolved the issue. He has called the sheriff in the past but would like to resolve the issue once and for all. The trustees suggested contacting Lt. Tim Voris at tvoris@sherrif.fairfield.oh.us.

Trustee Horn and ZI Detria Hiles are continuing to work with the property owners at 13050 Shell Beach Rd.

Moving Ohio Forward update – There have been 3 letters sent to property owners regarding the removal of nuisances by the Health Department.

Trustee Horn will be sending out the letter to AEP this week regarding the damage to Blacklick Rd.

ODNR update – There are still 14 Lieb’s Island residents who have not returned the letters to reserve a dock. After the 21st, there is a 10-day leeway. After that point, other Lieb’s Island residents can apply for the docks.

New Business

Trustee Horn will get together with ZI Detria Hiles and put together a list of suggested changes to the Zoning Resolution. These will be submitted to the Zoning Commission for their input.

There was a discussion regarding the amount of money appropriated for legal expenses and the potential cost for the creation of a JEDD.

Trustee Yates has a new 3-year contract from Time Warner that will decrease the cost and add voice mail. There is a one-time setup fee of $99. Trustee Yates made a motion to approve the contract. Trustee Horn seconded the motion.The motion passed with 3 yes votes.

The trustees would like a status update regarding the Kenney Beach subdivision Replat of Lots 1-5 and Formation lots 1A-5A. Detria will follow-up with Jim Morgan and Holly Mattei.

There was a question regarding whether cell phone calls or texts from Ralph Reeb’s phone are available, per the request of Fallon vs BZA. There was also a question as to when John Harker was appointed to the Walnut Township BZA.

Trustee Horn purchased a 3-year contract with Geek Squad. They have already removed the virus on the township computer and updated the Accuglobe. It can also be used on the Fiscal Officer’s computer and the secondary computer in the office.

Bob Myers, South Bank Rd, stated that it is his belief that the township road is on his property. Trustee Yates will meet with Mr. Myers, a surveyor, Mr. Myer’s attorney and the Fairfield County Engineer’s office.

Trustee Horn made a motion to appropriate an additional $25,000 and encumber it for the retainer for Mr. Albers for the purpose of economic development. Trustee Yates seconded the motion. The motion passed with 3 yes votes.

10:25 PM, Trustee Leith made a motion to adjourn. Trustee Horn seconded the motion. The motion passed 3 yes votes.

Walnut Township Special Trustees Meeting

April 10, 2014

The meeting was called to order at 7:00 PM. Trustees William Yates, Doug Leith and Terry Horn were present. Also present was John Albers, Attorney for the Township

The sole purpose of this meeting is to meet with John Albers to discuss economic development options.

Mr. Albers suggested that a comparative analysis be completed comparing JEDDs, JEDZs, CEDAs and AAs. He provided handouts that contained this information as well as a summary of JEDDs.

There is legislation in Ohio that potentially could eliminate a JEDZ by the end of 2014.

The creation of JEDDs creates a partnership between a township and a municipal partner that is no more than one governing body away. There are several items that are generally discussed during the creation – income tax, water & sewer, and police & fire.

Generally the tax revenue is divided between the JEDD Board, the township and the other municipality. JEDDs contain non-residential property or those properties are carved out.

In the negotiations, the township can ask for a no annexation clause for 3 years or the term of the agreement – which can be up to 99 years.

A JEDD avoids the requirement of a township vote if – the resolution is unanimous, approved by the majority of the owners and is zoned appropriately.

The property in the JEDD does not need to be contiguous, can include only one parcel, can have an expansion area already determined, can be the entire township and works best in areas not yet developed.

A negotiated agreement is reached with the municipal partner prior to asking property owner to sign petition.

The Bricker and Eckler court case will be forwarded to John Albers.

The next step would be to start to meet and work through issues; create a strategy.

The typical cost to create a JEDD is between $15,000 and $25,000.

At 8:00 PM, Trustee Horn moves to go into executive session for the purposes of discussing negotiations with other political subdivisions for economic development assistance under the provisions of R.C. 121.22 (G) (8) and determines it is necessary to protect the possible investment or the expenditure of public funds. Trustee Leith seconded the motion. The motion passed with 3 yes votes.

At 9:06 pm the trustees came out of executive session.

9:07 PM, Trustee Leith made a motion to adjourn. Trustee Yates seconded the motion. The motion passed with 3 yes votes. 

Walnut Township Trustees Meeting

April 1, 2014

The meeting was called to order at 7:00 PM. Trustees William Yates, Doug Leith and Terry Horn were present. The pledge was led by Boy Scout Michael Hiles and Allen Pilkington.

At the March 25th Special Meeting, Detria Hiles was appointed the Zoning Inspector. She will be paid every two weeks. Trustee Horn made a motion to approve the minutes for the March 25th Special Meeting, submitted by Trustee Leith. Trustee Yates seconded the motion. The motion passed with 3 yes votes.

Fiscal Officer Kraner will email the employee packet to hiles@columbus.rr.com. Kraner will contact the insurance carrier regarding bonding Zoning Inspector Hiles.

The minutes for January 2, 2014 need to have the Zoning Inspector’s salary updated to $15,600/year. Trustee Horn made a motion to approve changing the minutes for January 2nd. Trustee Yates seconded the motion. The motion passed with 3 yes votes.

Fiscal Officer Kraner asked the trustees if they had an interest in adding insurance premium reimbursement to paychecks. Mike had asked if it could be done. Kraner will check with UAN to see if it can be done without any taxes being taken out.

Trustee Leith made a motion to approve checks 24271 through 24290 and EFTS 144-2014 through 211-2014, after being certified that funds are available and appropriations have been made by Fiscal Officer Kraner. Trustee Yates seconded the motion. The motion passed with 3 yes votes.

Comments from the Floor

There were no comments from the floor.

Department Reports

The Darley fire pump for the fire department boat is no longer repairable. Replacement cost for a 500 gallon/minute pump is $28,000. The department does have a 250 gallon/minute pump.

Trustee Yates made a motion, the equipment has no value, to turn the Darley Fire Pump and the Genesis Rescue System and all miscellaneous equipment over to the Millersport Fire Department for them to dispose of as they see fit. Trustee Horn seconded the motion. The motion passed with 3 yes votes. The equipment will be removed from the township inventory.

The EMS payments for the quarter will be available at the next meeting.

On May 2nd, there will be a mock crash at the Millersport High School around noon.

Thurston Walnut Township Fire Department – Chief Hite – Chief Hite presented two part-time firefighters that he would like to add to the squad – Jeffrey (Jarod) Poling and Matthew Kimbleton. The paperwork for Matthew is still pending.

There was discussion regarding the ems coverage for Pleasantville. The top half of Pleasantville is covered by Thurston Walnut Township fire department – which is approximately 5 – 6, runs a month. Pleasantville wants to have the entire village covered by one service.

Chief Hite asked how the annexation of Walnut Township land into the Village of Baltimore would affect the fire department and if he should look at decreasing his budget.

They are going to be using MECC EMS protocols. The initial cost is $3,300, which includes quarterly updates and competency training for department. The cost is then $3,200 every other year.

Trustee Leith made a motion to approve adding Jeffrey Poling and Matthew Kimbleton to the roster. Trustee Horn seconded the motion. The motion passed withb3 yes votes.

Zoning – Detria Hiles – Anne Cyphert will continue as Zoning Inspector through April 5th and will be available to Detria to answer any questions. Detria requested that a link to the zoning map on the County website be added to the township website. The trustees requested that Detria maintain a mileage log to that it can be charged back to the Zoning Fund. There is an upcoming training with Regional Planning that Detria will be attending. She will be using Truck #1 to make her rounds of the township. Tim will work with Detria to ensure she has access to the truck.

Roads and Parks – Tim Morris – Tim stated that Truck #2 had the hydraulic connection snap off. The manufacturer reviewed the damage and felt that the equipment had been maintained properly. They are trying to get equipment warranted so that it will be fixed. Otherwise, the cost to replace is $7,000.

Tim stated that they have gone through 10 tons of cold mix, with only 1/3 of the roads done.

The bids opening for the CDBG project at Fairfield Beach is May 1st. The projected cost of the project is $47,000.

The cost of the chemicals to spray the road right-of-way is approximately $1,000.

Tim is on vacation the week of April 6th.

Old Business

Tim Morris stated that there had been some progress toward the clean-up of 13050 Shell Beach Rd; however, the last time he checked, it had stopped. Trustee Horn said that Chet Irwin is still willing to help with the clean-up. The warning letter was not sent.

The lion and the enclosure have been removed from Queen Road.

Trustee Horn stated that there are still three potential properties that could be demolished under the Moving Ohio Forward program – the two properties on Lakeside and the property on Taylor.

Trustee Leith put an article in the Beacon regarding the Electric Aggregation program. The article will also appear in the Lancaster Eagle Gazette and the Towne Crier. There will be a public meeting on April 15th regarding the Electric Aggregation program.

Trustee Horn sent a copy to Jeff Porter of his letter to AEP regarding the damage to Blacklick Road, for his review and input. Tim stated that he had spoken with Cheryl at the Fairfield County Engineer’s office and she said there is a way to make them carry a bond.

New Business

There was discussion regarding the amount budgeted for Legal fees. Currently there is $2,000 in the budget. After meeting with the attorney, the trustees will decide if this needs to be increased.

Trustee Horn made a motion adopt the Public Records Policy that was presented to the Trustees. Trustee Yates seconded the motion. The motion passed with 3 yes votes.

Trustee Horn completed the public records requests. Fiscal Officer Kraner provided the payroll records for the third records request.

There was a request regarding completion of financial records for Matthew Noice.

Trustee Horn asked if he and Trustee Leith are bonded. Fiscal Officer Kraner emailed information that Horn was reelected and mailed the form for Trustee Leith.

Trustee Yates stated that there are four books that the township is supposed to keep – The Bond book; the Minutes book; the Roads book and Resolution book. Trustee Yates will pick up additional notebooks so that the books can be created.

April 3rd there will be a Special Meeting with the Township Attorney, Paul-Michael LaFayette.

April 4th the Trustees and Road workers will have their annual meeting with the Fairfield County Engineers.

April 10th there will be a meeting with John Albers. Trustee Yates will place an ad in the Lancaster Eagle Gazette.

An engagement letter needs to be executed to engage Paul-Michael LaFayette to the litigation regarding the zoning of the property on Elm. His fee is $90/hr. for a paralegal and $150/hour for his time. Trustee Yates made a motion to accept the engagement agreement with Paul-Michael LaFayette. Trustee Horn seconded the motion. The motion passed with 3 yes votes.

Tim Morris mentioned that effective today; his wife is on Medigold and should be removed from the Anthem policy.

At 8:56 PM, Trustee Horn made a motion to adjourn to Executive Session to discuss discipline and employee compensation. Trustee Yates seconded the motion. The motion passed with 3 yes votes.

9:28 PM, out of Executive Session.

9:28 PM, Trustee Leith made a motion to adjourn. Trustee Horn seconded the motion. The motion passed 3 yes votes.