RECORD OF PROCEEDINGS German Township Board of Trustees Regular Session February 14, 2017
The German Township Trustees met in regular session on Tuesday, January 10, 2017 at 8:00 a.m. at the German Township Office, 3940 Lawrenceville Dr., Springfield, Ohio. Mr. Clark called the meeting to order.
Roll Call: Mr. Clark– present; Mr. Kaffenbarger – present; Mr. Metzger- present
Township Department Supervisors present: Angela Griest, Fiscal Officer; Mike Stitzel, Police Chief; Tim Holman, Fire Chief; George Degenhart, Zoning Inspector; Mark Bevan, Road Supervisor; and Karina Emory, Secretary. Other Township Personnel: Linda Mader
Visitors: Tom Hale, Director, Clark County Community Development; Adam Price – Zoning Case #; Steve Bevan
Pledge of Allegiance
Minutes A. Motion to approve the minutes for December 29, 2016 & January 10, 2017: Motion: Mr. Metzger 2nd: Mr. Kaffenbarger Ayes: All
Hearing of the Public - None
Zoning Department Mr. Degenhart introduced Mr. Tom Hale, Director of the Clark County Community Development. Mr. Hale spoke concerning the County’s involvement with the project of the Upper Valley Mall: Macy’s offered the County to purchase that property The County Land bank did buy the 20 acres owned by Macy’s Sears is not communicating well with the County The individual who owns the remaining 40 acres to the front of the mall is working well with the County County is working with a developer. Analyzing what would be a good fit for our community. Trying to find the original Federated Agreement document between the City of Springfield and the original owner of the Upper Valley Mall. The County will continue to work with everyone involved concerning the Mall business area.
The German Township Zoning Commission has forwarded to the German Township Trustees a recommendation for a zoning change: Case Number G-2016-02 for property located at 3924 Shrine Road, Springfield, Ohio owned by Mr. James Adam Price to rezone 1.82 acres from B3S to B1. The property will be used for a yoga studio, and some storage. B. Motion to approve the request to rezone the property (3924 Shrine Road) from a B3S to B1: Motion: Mr. Metzger 2nd: Mr. Kaffenbarger Ayes: All
Mr. Degenhart also stated that there will be new stores opening in the area: a furniture store at the old Elder Beerman’s location, a new Salon in the mall, and the Bargain Hunt will open this Wednesday at the old Hobby Lobby location.
Fiscal Officer Report Mrs. Griest presented the following: The year-end Financial Report and Notes have been filed with the State Auditor and all required year-end reports have been filed. Completed the 2016 True-up report. We received a refund of overpayment for $258.00. Also received $260.00 for the go green discount. There was one other rebate we should have received, Mr. Andy Frank, from CareWorksComp is working on getting that back to us. Due to several older, larger claims falling off, our BWC rates are lower for this year. We will no longer be in the Group Retro Rating (high risk) Program. It is time to renew our 2018 with CareWorksComp for our Workers Compensation Group Rating Program for the year beginning July 1, 2017 through July 2018 – Cost $1312.00 (application due by May).
Page 1 of 4
Ohio Checkbook: Mr. Kaffenbarger would like to review the Ohio Checkbook before we make final approval to go online. The 2017 Permanent Appropriations will be reviewed at the March meeting. Filing deadline is March 31, 2017.
C. Motion to receive the 2016 Year-end Financial Report and notes; and to receive the January 2017 monthly financial reports: Motion: Mr. Kaffenbarger 2nd: Mr. Clark Ayes: All
D. Motion to approve the payments from January 10 to February 14, 2017 (total $113,650.00): Motion: Mr. Metzger 2nd: Mr. Kaffenbarger Ayes: All
E. Motion to approve the renewal with CareworksComp for the year (07-01- 2017 to 07-01- 2018)for $1312.00; and to approve the renewal for the Fuel Master Limited Agreement (02-02- 2017 to 02-02-2018)for $550.00; and to approve the request by the Fiscal Officer to attend the Treasurer of State’s CPIM Academy on April 6th and the Auditor of State’s Local Government Officials Conference in Columbus April 12 & 13: Motion: Mr. Kaffenbarger 2nd: Mr. Metzger Ayes: All
Fire Department Chief Holman reported the following: Long time Firefighter Eric Paaske will be leaving to join family in Cleveland. His health is not good. The Fire Department would like to recognize him with a plaque for his long and dedicated service to the Township. He has already been given his fire helmet. They will present the plaque to him at the next Fire Association meeting. They are also asking Springfield Township Fire Department to join them as Eric spent a lot of time with their department each year at the Fairgrounds. The gas detector is not working, but Columbia Gas is going to try to repair it for us. A heating unit in the bay is no longer working, and due to age can no longer be repaired. DeLong Air has quoted $1300.00 to install a new heating unit in the bay. F. Motion to approve the installation of a new heating unit in the bay at a cost of $1300.00 from Delong Air: Motion: Mr. Kaffenbarger 2nd: Mr. Clark Ayes: All
Due to the fact that other departments are paying people higher rates for working on weekends and holidays, we are losing a few people to other departments and are having trouble getting people to work on weekends and holidays here. Therefore, I would like to suggest we increase the hourly rate to work on Weekend days and some Holidays at $20.00 per hour to encourage people to work. For a total cost increase of 37,800.00 per year. G. Motion to increase the hourly rate on Weekend days (6 a.m. Saturday to 6 a.m. Mondays) to $20.00 per hour. And to increase the wage to $20.00 per hour on New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas Day: Motion: Mr. Kaffenbarger 2nd: Mr. Clark Ayes: All
Police Department Chief Stitzel presented the following: Would like to request an executive session at the end of the meeting. The Police Department had 4572 dispatch call in 2016. He will have a breakdown on the details of the call types soon. Working on the process of getting NARCON to the Police Department. Fire Department is working with him through the process. Request approval for repairs of two vehicles: 1) The 2009 Ford Steering Column went out. Cost to replace - $600.00 2) the 2011 Dodge is also having steering problems which causes the fuses to overheat – costs $700. H. Motion to approve the repairs of both vehicles for a total of $1300.00: Motion: Mr. Metzger 2nd: Mr. Kaffenbarger Ayes: All New Hires: Jeremy Blum, returning to work part time on the road, and Russell Garmin, previously with the Clark County Sheriff’s Office, to work on a part time basis as a Lieutenant Detective , he will handle the investigations of cases as needed. I. Motion to hire both Mr. Blum and Mr. Garmin to work for the Police Department: Motion: Mr. Metzger 2nd: Mr. Kaffenbarger Ayes: All Chief Stitzel administered the Oath of Office.
Page 2 of 4
Road Maintenance Department Mr. Bevan reported the following: Culvert repairs and replacement will need to be done on any roads we may want to pave this year. o Overholser needs a culvert replacement. Getting a recommendation on the size from the county, and would like to have only 1 pipe there instead of 2. Trustees need to go around and do inspections on deciding which roads to pave, and look at possible culvert work. o Tecumseh Road needs mill work done on it. Guard rail at the curve of Dogwood needs to be looked at due to another accident there. Need to see if you can set it differently in order to help protect the home. County Engineers Department is to come out and look at roads to see about journalizing them so speed limits can be set by the township on them, especially those in the subdivisions. Mr. Holman stated that the Road Department should be getting the More Grant for reimbursements for Road Closed signs. The foldout type of sign is the easiest to put out, will need sand bags to help hold them down. Fixed the berm on Fox Hollow.
New Business Allstate Insurance Received a letter from Allstate Insurance concerning property owned by Margaret Rife and a tree that fell and damaged a structure. After reviewing the property in question, the German Township Trustees state it is not German Township property. It is either the Village of Tremont City or private property owner, Matthew Berner.
Medical Marijuana General discussions: Currently the State of Ohio is still in process of setting guidelines for medical marijuana. Mr. Degenhart presented the Trustees with a letter he sent to Ohio Senator Bob Hackett concerning proposed fees by Township Zoning for the licensing of facilities dealing with Medical Marijuana. There is a large (monetary) requirement that must first be met. There are differences in the proposed types of businesses: cultivators, processors, dispensaries, labs. Mr. Degenhart feels that the people in the State want medical Marijuana Mr. Adam Price responded that he does not believe that the people here want it. Studies show that states that have legalized marijuana have a 13% increase in crime rates. Ohio Revised Code (ORC) 3796.29 States that’s Townships may prohibit or limit the number of cultivators, processors or retail dispensaries licensed within the unincorporated territory of the township. It does not prohibit or limit research facilities. At this time there has been two different people come to the township looking to put marijuana facilities in the township. Mr. Metzger stated that he is personally not for it. He believes that it is a gateway drug. He believes that we will not be able to have enough cops to cover a growing operation. Big money will control it. He stated that the State has given us the right to control it, and he would like to present the following Resolution, it is good for only one year, we can change it at any time, and it gives us more control.
J. Mr. Metzger made a motion to adopt the following Resolution (read the resolution aloud):
RESOLUTION A RESOLUTION PROHIBITING THE LOCATION OF MEDICAL MARIJUANA CULTIVATORS, PROCESSORS AND RETAIL DISPENSARIES LICENSED UNDER OHIO REVISED CODE CHAPTER 3796 WITHIN THE UNINCORPORATED TERRITORY OF GERMAN TOWNSHIP, CLARK COUNTY, OHIO FOR A PERIOD OF ONE YEAR
The Board of Township Trustees of German Township, Clark County met in Regular Session on the 14th day of February, 2017 at the offices of the German Township Trustees with the following members present: Robert Clark, Rodney Kaffenbarger, and Charles Metzger. Trustee Charles Metzger moved the adoption of the following Resolution: WHEREAS, Ohio Revised Code Chapter 3796, which permits the licensed cultivation, processing, sale and use of medical marijuana within the State of Ohio, became effective on September 8, 2016; and WHEREAS, Ohio Revised Code section 3796.29 authorizes the Board of Trustees to pass a resolution prohibiting the location of medical marijuana cultivators, processors and retail dispensaries licensed under Ohio Revised Code Chapter 3796 within the unincorporated territory of German Township, Clark County, Ohio; and
Page 3 of 4
(Resolution continued)
WHEREAS, the Board of Trustees desires to prohibit the location of licensed medical marijuana cultivators, processors and retail dispensaries within the unincorporated territory of German Township for a period of one year to give the Board time to determine whether the Board should allow such businesses to be established within the unincorporated territory of German Township, Clark County, Ohio. NOW, THEREFORE BE IT RESOLVED that effective on the date of the adoption of this Resolution, the Board of Trustees of German Township, Clark County, Ohio, hereby prohibits medical marijuana cultivators, processors, and dispensaries licensed under Ohio Revised Code 3796 from being located within the unincorporated territory of German Township, Clark County, Ohio; and BE IT FURTHER RESOLVED that this Resolution shall terminate on February 14, 2018, unless it is withdrawn or extended by further action of the Board of Trustees of German Township, Clark County, Ohio.
The motion was seconded by Mr. Kaffenbarger.
Discussion: Mr. Degenhart: He feels if the Township accepts this resolution at this time, you will not be in contention for having this type of business, even if you change your mind at a later time. Mrs. Emory: Currently there is no positive outcome/benefit for having such a facility. Mr. Degenhart responded that was why he sent the letter to lobby for townships to have some way to maybe offset costs for the Township. Chief Stitzel: Glad we are doing this.
President Clark closed discussion and called for a Roll Call Vote: Mr. Metzger – yes Mr. Kaffenbarger – Yes Mr. Clark – yes. Motion Carried.
Old Business: Mount Calvary Cemetery Have our legal counsel, Andrew Pickering, ask the Tremont City Council to come to a meeting here with their attorneys present to discuss the matter. Mr. Kaffenbarger stated he will make the call to Mr. Pickering.
K. Motion to go into executive session at 9:50 a.m. to discuss personnel disciplinary actions: Motion: Mr. Kaffenbarger 2nd: Mr. Metzger Ayes: All
The meeting is called back into regular session by Mr. Clark at 10:35 a.m.
L. Motion to adjourn: Mr. Metzger 2nd: Mr. Clark Ayes: All
Approved by: Board of German Township Trustees
______Robert Clark, President Recorded in the Record of Proceedings ______February 14, 2017 Rodney Kaffenbarger, Vice President
______Charles Metzger, Member Angela D. Griest, Fiscal Officer
Page 4 of 4