The Washington Township Board of Trustees met in Regular Session on January 7, 2008, at 7:30 p.m. at the Washington Township Government Center, 8200 McEwen Road. President Blair opened the meeting, gave an invocation, and led the Pledge of Allegiance.
MINUTES OF PRECEEDING MEETINGS
It was moved by Mrs. Young, seconded by Mr. Snyder, that the Board approves the pre-meeting minutes and the minutes of the Regular meeting held December 17, 2007, and the Workshop held December 27, 2007.
Vote on Motion: Young, aye; Snyder, aye; Blair, aye. M2008-001
Fiscal Officer’s Business
Volunteer Dependency Board
Each year the Trustees approve two Trustees to serve on the Volunteer Firefighters Dependency Board. This Board meets only in the event that a volunteer firefighter is killed in the line of duty. Trustees Snyder and Blair are the current representatives.
It was moved by Mrs. Young, seconded by Mr. Blair, that the Board approves the appointment of Trustee Blair and Trustee Snyder to the Volunteer Firefighters Dependency Pension Fund Board for the 2008 year.
Vote on Motion: Young, aye; Blair, aye; Snyder, aye. M2008-002
Year-To-Date Income/Expense Report
The Trustees have requested that a Year-to-Date Income/Expense Report be presented on a monthly basis. As of December 31, 2007, Washington Township has collected $23,469,567.83 from all funds and has dispersed $20,615,957.92 in all funds, for a positive cash carryover of $2,853,609.91, of which $1,131,430.07 is committed for future purchases.
Appropriation Transfers
Under State law a state line item account cannot carry a negative balance. To prevent two accounts from going negative, staff needs approval from the Board of Trustees for intra-fund transfers. The transfers are needed due to increased activity.
It was moved by Mr. Blair, seconded by Mrs. Young, that the Board approves the following appropriation transfers for 2007:
From: To:
General (01) General (01)
01-02-5034 $3,850 01-04-5010 $3,850
Bldg-Contingency Salaries-Cemetery
Recreation (21) Recreation (21)
21-06-5042 $ 20,000 21-06-5011 $ 20,000
Building-Contingency Salaries
Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2008-003
Citizen Concerns
Bob Kyvik, 2555 Goodfield Point, expressed a concern about the November 19 th Trustee meeting minutes. He did not believe the minutes included all of his comments. He asked the Trustees if they edited the minutes. Mr. Blair responded that the minutes were not edited by the Trustees. He indicated that they were the responsibility of the Fiscal Officer. Mr. Zobrist indicated that there was a person who transcribed the minutes from the tape. These minutes are proofed; however, the tape is not reviewed and it is difficult to determine if something was missed. If something was missed, the minutes could be corrected. Mr. Zobrist added that the tape was available for anyone who wanted to listen to it.
Mr. Kyvik also asked why his resolved problem with an employee was brought up in the demotion of that employee when there was other evidence that could have been used instead. Mr. Blair indicated that the Trustees acted on the recommendation of the Township Administrator. The employee appealed the decision of the Administrator and the Trustees upheld the decision of the Administrator. In response to Mr. Kyvik’s concern, Mr. Blair indicated that Mr. Kyvik’s name was not brought up until the employee’s attorney asked a specific question about Mr. Kyvik’s complaint. Additionally, Mr. Blair was in attendance when Mr. Kyvik was very upset about what the employee did not do. The statement made by Mr. Kyvik at that time was made part of the file. Mr. Blair asked Mr. Huff if he actively tried to improve the employee’s performance before he was demoted. Mr. Huff responded that not only did he try, but also the employee’s department head. Additionally, Mr. Zobrist met with him. In response to Mr. Kyvik’s question, Mr. Huff pointed out that the employee was wrong when he ignored his orders and that there were a lot of other things. Additionally, Mr. Huff indicated that this decision was made two and a half years ago; was upheld in court; and, as far as he was concerned, it was over and done. Mr. Kyvik disagreed. In response to Mr. Kyvik’s inquiry about whether or not Mr. Snyder and Mrs. Young reviewed the personnel file, Mrs. Young responded that she did not review the file recently and did not believe that it is in anyone’s good interest to discuss personnel matters publicly. Mr. Kyvick indicated that he was going to go to almost every public meeting where there are volunteers and make sure they understand that, if they have a problem with an employee, to keep their mouth shut. He is also going to try to go to employee meetings and tell them that, if they step out of line or do not attempt to correct it, regardless of how old it is, they will be demoted.
John Gintz, 1035 Kentshire, reminded everyone that about two and a half years ago he made a request to publish the workshop minutes. He indicated, however, that the minutes are useless because there is no general summary or any information other than this particular item was discussed. When Mr. Gintz checked with the Attorney General, he found out that the workshop meetings had to be documented and should be published; however, they are not required to be. In his opinion, they are still a long way from being useful.
In August, Mr. Gintz asked Gary Huff when there was going to be a public meeting regarding central dispatch. Mr. Huff indicated that there would be a study and nothing would be done until December. Mr. Gintz still has not seen anything in the minutes or anything from Washington Township. He pointed out that there has not been any discussion or any requests for input from citizens. Mr. Blair confirmed that no decision has been made as yet. Mr. Blair indicated that the Trustees met with the Sheriff on December 27 th and asked for information. He is going to clarify a couple of issues in writing. The Township is still looking at joint dispatch as a possibility. A decision is forthcoming. Mr. Gintz thought the Trustees would want to hear from the citizens. He would have attended any meetings and indicated that he did not support participation. He believed things should stay the way they are.
Mr. Gintz also asked about the status of the sidewalk on Route 48. Mr. Huff indicated that it is on the agenda to go out to bid later in the meeting.
STATE OF THE TOWNSHIP REPORT
Board President Terry Blair presented the State of the Township Report, attached as Exhibit A.
Election of 2008 Officers
Mr. Blair turned the meeting over to Fiscal Officer Tom Zobrist for the election of the officers to the Board of Trustees for 2008. Mr. Zobrist asked for nominations for President and Vice President.
It was moved by Mr. Snyder, seconded by Mr. Blair, to nominate Joyce Young for President and Terry Blair for Vice President.
Vote on Motion: Snyder, aye; Blair, aye; Young, aye. M2008-004
It was moved by Mr. Blair, seconded by Mrs. Young, to close the nominations.
Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2008-005
Mr. Zobrist requested a call of the roll for a vote on Joyce Young as President for the year 2008 .
Roll Call: Blair, aye;
Snyder, aye;
Young, aye.
Mr. Zobrist requested a call of the roll for a vote on Terry Blair as Vice President for the year 2008.
Roll Call: Blair, aye;
Snyder, aye;
Young, aye.
Mr. Zobrist turned the meeting over to the new Board President, Joyce Young.
Mrs. Young thanked Mr. Blair and Mr. Snyder for the wonderful jobs they did in 2007. She indicated that Mr. Blair’s report was very good. It summarized the year very well.
Zoning Case Z-672 B southview Hospital (Minor Modifcation)
This case was pulled by the applicant and was not heard.
Zoning Case Z-686 Washington township zoning commission
The Washington Township Zoning Commission submitted an application for amendments to the Zoning Resolution for Articles 6, 7, 12, 15, and 16. The amendments include the addition of two new zoning districts, Residential Conservation and Mixed Use to Planned Development provisions. The revised definitions section includes terms used in these new districts, clarifies the temporary political sign provisions and changes the text format for the agricultural and residential articles.
Jo Postle, Development Services Director, indicated that the Township Zoning Commission is the applicant. She indicated that the modifications to Articles 6 and 7, the agricultural and residential districts, are: 1) Formatting change for user ease, and 2) Size restrictions of recreational vehicles. Recreational vehicles are now allowed to be stored in residential and agricultural districts. They must be no longer than 35 feet and no higher than 12 feet. The modifications to Article 12, Planned Development, include additional information that needs to be part of the application submission. This was done due to environmental concerns such as storm water runoff and environmental elements of a particular property. Additionally, the Township’s Law Director wanted clarification on the waiving of required conditions that is part of the design flexibility component of the planned development provisions. Also, this allows for the creation of two new planned development districts, which are Residential Conservation and Mixed Use. These resulted from the recommendations from the Create-the-Vision Committee. Amendments to Article 15 include definitions, which are companion terms for the new Conservation and Mixed Use districts that were created. The final modification is to the Township’s sign provisions for political signs. There was confusion in the past where signs could be properly posted. This modification makes it legal to post temporary political signs twenty feet from the edge of the pavement. The Zoning Commission held a public hearing on December 18 th and recommended approval. Mrs. Postle also referenced exhibits for particular dwelling unit types that are allowed in the Residential Conservation district.
Mrs. Young pointed out that these amendments are a result of a whole year of work from the Zoning Commission and Trustees who met monthly to review all of the changes. It was an educational process on what is going on across the country and needed for determining what the Township wanted in the future. It is hoped that, as Washington Township grows, it will grow in a way that everyone wants.
Mr. Blair asked if permitted and conditional uses were separated out from Article 13. Mrs. Postle indicated that Article 13 is called General Regulations. These regulations apply to all districts. Staff extracted information from General Regulations and placed them in the Agricultural district. Section 1, which is Principal Permitted Uses, is still in General Regulations, but it is restated in Agricultural so that you would not have to flip back and forth.
Mrs. Young asked if there was anyone else who wanted to make any comments on this zoning case. There being none, the hearing portion of the zoning case was closed.
It was moved by Mr. Blair, seconded by Mr. Snyder, to approve amendments to the Zoning Resolution for Articles 6, 7, 12, 15, and 16.
Vote on Motion: Blair, aye; Snyder, aye; Young, aye. M2008-006
Roll Call: Young, aye;
Blair, aye;
Snyder, aye.
LIQUOR PERMIT
Captain Osterfeld received an application to transfer a C-1 and a C-2 liquor permit, which is carry out beer until 1:00 a.m., and wine and mixed beverages until 1:00 a.m., to Giant Dayton LLC at 1580 Miamisburg-Centerville Road. Captain Osterfeld has reviewed the application and sees no reason to object. No action taken.
ANNUAL BUSINESS ITEMS
Regional Assessments and Allocations
It was moved by Mrs. Young, seconded by Mr. Blair, that the Board approves the expenditure of $13,784.82 to the Miami Valley Regional Planning Commission for the 2008 Membership Dues.
Vote on Motion: Young, aye; Blair, aye; Snyder, aye. M2008-007
It was moved by Mr. Snyder, seconded by Mr. Blair, that the Board approves the expenditure of $12,717.84 to the Miami Valley Fire EMS Alliance for the Township’s 2008 Alliance contribution.
Vote on Motion: Snyder, aye; Blair, aye; Young, aye. M2008-008
It was moved by Mr. Snyder, seconded by Mr. Blair, that the Board approves the expenditure of $7,418.74 to the Dayton Regional Hazardous Materials Response Team for 2008 membership dues.
Vote on Motion: Snyder, aye; Blair, aye; Young, aye. M2008-009
It was moved by Mr. Blair, seconded by Mrs. Young, that the Board approves the Township’s 2008 financial contribution to Hithergreen Senior Center in the amount of $111,220; said amount to be paid in four equal quarterly installments.
Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2008-010
It was moved by Mrs. Young, seconded by Mr. Blair, that the Board approves the Township’s 2008 financial contribution to Centerville-Washington Township Historical Society in the amount of $69,025; said amount to be paid in four quarterly installments.
Vote on Motion: Young, aye; Blair, aye; Snyder, aye. M2008-011
It was moved by Mr. Blair, seconded by Mrs. Young, that the Board approves the expenditure of $5,394.06 to the South Metro Regional Chamber for the Township’s membership dues for 2008.
Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2008-012
TOWNSHIP REPRESENTATIVES FOR VARIOUS GROUPS
It was moved by Mrs. Young, seconded by Mr. Snyder, that Terry Blair be appointed as the Board’s delegate to the MVRPC with Jesse Lightle serving as alternate.
Vote on Motion: Young, aye; Snyder, aye; Blair, aye. M2008-013
It was moved by Mrs. Young, seconded by Mr. Snyder, that John Davies be appointed as the Board’s delegate to the Transportation Committee with Jesse Lightle serving as alternate.
Vote on Motion: Young, aye; Snyder, aye; Young, aye. M2008-014
It was moved by Mr. Blair, seconded by Mrs. Young, that Joyce Young be appointed as the Township’s delegate to Hithergreen Senior Center with Jesse Lightle serving as alternate.
Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2008-015
It was moved by Mr. Blair, seconded by Mrs. Young, that Joyce Young be appointed as the Township’s delegate to the South Metro Chamber of Commerce with Jesse Lightle serving as alternate.
Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2008-016
It was moved by Mrs. Young, seconded by Mr. Snyder, that John Davies be appointed as the Township’s delegate to the Transportation Committee’s Technical Advisory Committee and the Dayton Mall Task Force with Jesse Lightle serving as alternate.
Vote on Motion: Young, aye; Snyder, aye; Blair, aye. M2008-017
It was moved by Mr. Blair, seconded by Mrs. Young, that Jesse Lightle be appointed as the Township’s representative to the Miami Valley Fire/EMS Alliance with Chief Bill Gaul serving as alternate.
Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2008-018
Reappointment of Law Director
It is required by the Ohio Revised Code for the Board of Trustees to appoint the law director annually. This needs to be done by Home Rule Resolution. Staff recommends reappointing the firm of Surdyk, Dowd & Turner, CO., LPA.
President Young asked for a motion to read the Resolution by title only.
It was moved by Mr. Blair, seconded by Mr. Snyder, to read the resolution by title only.
Vote on Motion: Blair, aye; Snyder, aye; Young, aye. M2008-019
Roll Call: Young, aye;
Blair, aye;
Snyder, aye.
HR2008-001 RESOLUTION RETAINING SURDYK, DOWD & TURNER CO., L.P.A. AS LEGAL COUNSEL TO ADVISE AND REPRESENT THE TOWNSHIP IN VARIOUS MATTERS
President Young asked for a motion to pass the Resolution on for the second and final reading.
It was moved by Mr. Blair, seconded by Mr. Snyder, to pass the Resolution on for the second and final reading.
Vote on Motion: Blair, aye; Snyder, aye; Young, aye. M2008-020
Roll Call: Young, aye;
Blair, aye;
Snyder, aye.
President Young asked for a motion to suspend the reading of the Resolution on two separate days.
It was moved by Mr. Blair, seconded by Mr. Snyder, to suspend the reading of the Resolution on two separate days.
Vote on Motion: Blair, aye; Snyder, aye; Young, aye. M2008-021
Roll Call: Young, aye;
Blair, aye;
Snyder, aye.
President Young asked for a motion to read the Resolution for the second and final time by title only.
It was moved by Mr. Blair, seconded by Mr. Snyder, to read the Resolution the second and final time by title only.
Vote on Motion: Blair, aye; Snyder, aye; Young, aye. M2008-022
Roll Call: Young, aye;
Blair, aye;
Snyder, aye.
HR2008-001 RESOLUTION RETAINING SURDYK, DOWD & TURNER CO., L.P.A. AS LEGAL COUNSEL TO ADVISE AND REPRESENT THE TOWNSHIP IN VARIOUS MATTERS
It was moved by Mr. Snyder, seconded by Mr. Blair to adopt Resolution HR2008-001 in its entirety as follows:
HR2008-001
RESOLUTION RETAINING
SURDYK, DOWD & TURNER CO., L.P.A.
AS LEGAL COUNSEL TO ADVISE AND
REPRESENT THE TOWNSHIP IN VARIOUS MATTERS
WHEREAS, Washington Township has elected to become a limited self-government form of township government under Chapter 504 of the Ohio Revised Code; and,
WHEREAS, R.C. §504.15 requires a limited self-government form of township government to appoint a Township Law Director; and enables a township to employ additional legal counsel; and,
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Washington Township, Montgomery County, Ohio, that Surdyk, Dowd & Turner Co., L.P.A. be employed to provide legal services to the Township and that Robert J. Surdyk of that firm be reappointed as Law Director of Washington Township.
BE IT FURTHER RESOLVED that Surdyk, Dowd & Turner Co., L.P.A. be paid the rate of $165.00 per hour for the services of an attorney and $75.00 per hour for the services of all paralegals. In addition, Surdyk, Dowd & Turner Co., L.P.A. shall be reimbursed for all out-of-pocket expenses incurred upon the submission of appropriate documentation.
Vote on Motion: Snyder, aye; Blair, aye; Young, aye. HR2008-001
Roll Call: Young, aye;
Blair, aye;
Snyder, aye.
Departmental Business
Each year the Township uses temporary help to assist Washington Township’s personnel with the collection of leaves. This year the leaves fell late in the season, resulting in the need to extend the Township’s leaf collection dates. Labor Ready provided the temporary employees this year.
It was moved by Mr. Blair, seconded by Mrs. Young, that the Board authorizes an additional $7,050 to Labor Ready, Dayton, Ohio, for additional costs for temporary help for the leaf season.
Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2008-023
Purchases
The 2008 CIP identifies the replacement of the copier at the Government Center and the copier at Development Services. The copier at the Government Center has made over one million copies and is constantly breaking down. Staff has had demonstration models of copiers brought in from Donnellon-McCarthy and Modern Office Methods. Staff has also received a quote from Canon Business Solutions. Staff is recommending the purchase of the copiers from Modern Office Methods from the State Bid Contract. The copiers were budgeted for $12,000 each and the quoted State Bid price is $10,884 each.
It was moved by Mr. Blair, seconded by Mr. Snyder, that the Board authorizes the purchase of two LD445C copiers from Modern Office Methods, Washington Township, Ohio, under the State Bid Contract STS096, for a total cost of $21,768.
Vote on Motion: Blair, aye; Snyder, aye; Young, aye. M2008-024
Permission To Go To Bid
Washington Township recently received a grant from the The Greater Dayton RTA for bus shelters at four locations along State Route 725. At this time, staff would like permission to go to bid.
It was moved by Mr. Snyder, seconded by Mr. Blair, that the Board authorizes going to bid for the 2008 Bus Stop Enhancement Project.
Vote on Motion: Snyder, aye; Blair, aye; Young, aye. M2008-025
Phase II Far Hills Avenue Sidewalk Program needs to go to bid. This section will complete the sidewalk connection from Whipp Road to Rahn Road. Staff has been working with St. George’s Church, which has hired Barge Waggoner Engineers to design upgrades in front of their church and Fernading Insurance. Staff will also bid out the upgrades and sidewalk improvements. The Church and Fernading will decide what additional improvements they would like to have done in front of their properties.
It was moved by Mr. Snyder, seconded by Mr. Blair, that the Board grants permission to go to bid for the Far Hills Sidewalk Phase II Installation Project.
Vote on Motion: Snyder, aye; Blair, aye; Young, aye. M2008-026
Purchases
The 2008 budget identifies the replacement of an aerial lift vehicle. The Ohio Department of Transportation Office of Contracts has approved Equipment Technology LLC to provide the aerial lift vehicle. The bid number is 011-08. This was budgeted at $80,000.
It was moved by Mr. Blair, seconded by Mrs. Young, that the Board authorizes purchasing from the Ohio Department of Transportation Office of Contracts, under bid number 011-08, an aerial lift vehicle from Equipment Technology, Oklahoma City, Oklahoma, at the bid price of $76,029.
Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2008-027
The 2008 CIP identifies the replacement of an 8-ton dump truck. The Ohio Department of Transportation, Office of Contracts, has approved International Truck and Engine Corporation to provide the cab and chassis under bid contract number 023-06. A dump bed and other related equipment will be purchased later to complete this truck. The truck was budgeted at $80,000. A total of $60,000 will be needed to purchase the truck and less than $20,000 will be needed for the dump bed and accessory items.
It was moved by Mr. Blair, seconded by Mr. Snyder, that the Board authorizes purchasing a cab and chassis from International Truck and Engine Corporation, West Chester, Ohio, at the low bid price of $60,280, from the Ohio Department of Transportation, Office of Contracts, bid number 023-06.
Vote on Motion: Blair, aye; Snyder, aye; Young, aye. M2008-028
TOWNSHIP ADMINISTRATOR’S REPORT
Mr. Huff reminded the Trustees that there will not be two weeks between meetings next time. The next meeting is scheduled for January 14, 2008. This is due to the Martin Luther King holiday on January 21, 2008.
CHECK REGISTER APPROVAL
The O.R.C. requires purchase orders that are created after the invoice date for goods and services to be certified by the Fiscal Officer that a sufficient sum was appropriated and free of any encumbrances (Then and Now Purchase Orders). If the amount is greater than $3,000.00, the Board must authorize payment.
It was moved by Mr. Blair, seconded by Mrs. Young, that the Board approves the following Then and Now purchase(s) for payment:
Vendor PO # Amount Approved Monthly Vendor
United Way of Greater 43353 $3,000.00 No
Dayton-South Suburban
Task Force
Labor Ready 43493 $7,049.40 No
William Uhl Agency 43348 $178.00 No
43349 $775.00
43350 $12,889.00
43351 $7,274.00
43352 $18,420.00
Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2008-029
It was moved by Mr. Blair, seconded by Mrs. Young, that the Board approves the Regular Check Register dated January 7, 2008, in the amount of $137,719.18, said amount having been certified and appropriated.
Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2008-030
It was moved by Mr. Blair, seconded by Mr. Snyder, that the Board approves the Recreation Refund Check Register dated January 7, 2008, in the amount of $819.00, said amount having been certified and appropriated.
Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2008-031
Trustee Comments
Mr. Blair indicated that he looked forward to serving the community again this year and working with Mrs. Young. He expressed his confidence that she will do a good job.
Mrs. Young wished everyone a happy new year. She expressed her belief that this will be a very good year for Washington Township.
ADJOURNMENT: 8:35 P.M.
All formal actions of the Board of Trustees of Washington Township concerning and relating to the adoption of resolutions and/or motions passed at this meeting were adopted in an open meeting; and of any of its committees resulting in such formal action, were in meetings open to the public, in compliance with the law, including Section 121.22 of the Ohio Revised Code.
_______________________________
President
_______________________________
Fiscal Officer