Record Of Proceedings Aug 1, 2019

RECORD OF PROCEEDINGS

The minutes of the meeting held August 1, 2019.

PRESENT WERE TRUSTEES JOSEPH RABATIN, DANIEL HODGE, AND BLAKE MEIER; AND FISCAL OFFICER VALORIE LEWIS

Also present were:

              Steve Geiser                                             Mike Raymond

              Jeff Sampsel

Mr. Blake Meier called the meeting to order at 7:00 pm.

A motion to approve the July 1, 2019 regular meeting minutes was made by Mr. Daniel Hodge and seconded by Mr. Joseph Rabatin with Mr. Blake Meier concurring.

The Fiscal Officer presented the Board with the July Grassroots Clipping.

The Fiscal Officer presented the Board with the Ohio Plan Insurance renewal information and informed them the Mr. Joel Bender with Whitaker Myers would be attending the September meeting to go over the renewal.

The Fiscal Officer presented the Board with a Thank You letter to the Road Department for the work done on Lautenschlager and Kansas Roads.

The Fiscal Officer presented the Board with a hearing request for the Bellstore from the Ohio Liquor Control Board.  After discussion, it was agreed to not request a hearing.

A motion to pass Resolution 17-2019 as follows was made by Mr. Blake Meier.

WHEREAS, the Board of Trustees of East Union Township met in regular session on August 1, 2019 at 7:00 pm in an open meeting pursuant to notice duly given in accordance with the provisions of Ohio’s Open Meeting Act:

     NOW THEREFORE IT IS RESOLVED, that the Board of East Union Township Trustees, Wayne County, Ohio, hereby approve to continue the Enterprise Zone Agreement with Lowe and Young LLC on a new 10,400 square foot addition at its existing location.  The Agreement is for a 50% real property tax abatement for 10 years (6 years remaining) to be initiated the first year the facility post-construction appears on the Wayne County property role.  In addition for a personal property exemption in the amount of 100% for a period of 10 years (6 years remaining) to be initiated in tandem with the real property abatement.

It was seconded by Mr. Joseph Rabatin.

A roll call vote was taken:

              Blake Meier                   YES

              Joseph Rabatin          YES

              Daniel Hodge             YES     

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Page #2 of August 1, 2019 mins.

A motion to pass Resolution 19-2019 as follows was made by Mr. Blake Meier.

     WHEREAS, the Board of Trustees of East Union Township met in regular session on August 1, 2019 at 7:00 pm in an open meeting pursuant to notice duly given in accordance with the provisions of Ohio’s Open Meeting Act:

     NOW THEREFORE IT IS RESOLVED, that the Board of East Union Township Trustees, Wayne County, Ohio, hereby approve to modify the Enterprise Zone Agreement with KSB Enterprises, LLC and Preferred Airparts LLC on a new 33,000 square foot building at its existing location.  The Agreement is for a 50% real property tax abatement for 10 years (8 years remaining) to be initiated the first year the facility post-construction appears on the Wayne County property role.  In addition for a personal property exemption in the amount of 100% for a period of 10 years (8 years remaining) to be initiated in tandem with the real property abatement.

It was seconded by Mr. Joseph Rabatin.

A roll call vote was taken:

              Blake Meier                   YES

              Joseph Rabatin          YES

              Daniel Hodge             YES

A motion to approve receipts totaling $28,127.06 warrants 9688 – 9787 totaling $251,129.42 and bank reconciliation and financial reports as submitted was made by Mr. Daniel Hodge and seconded by Mr. Blake Meier with Mr. Joseph Rabatin concurring.

Chief Zimmerman did not report due to an accident on Route 30.

Mr. Steve Geiser presented the Road and Bridge and Buildings and Grounds report.  Mr. Geiser reported that a culvert had washed out on Welty Road during the flash flood and would have to have head walls on both ends when replaced.

Mr. Daniel Hodge informed the Board he met with Mr. Dave Compston after a call from Mr. Rudy Cooper and they talked with Mr. Ken Chenevey regarding drainage issues on Secrest Road.  Mr. Hodge informed the Board that Ms. Marylyn Ringler agreed to put 24” pipe in place of the 12” pipe currently installed on the vacant lot she owns and that Mr. Chenevey agreed to put dirt to make the backside of his ditch flow slower and try to contain the water.  Mr. Hodge further stated that Mr. Dave Snider agree to fix the drainage issues on his property.

Discussion was held regarding a resident on Ely Road above Mr. Les Durstine who would agree to pay for an upgrade from 12” to 18” pipe in their enclosure.

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Page #3 of August 1, 2019 mins.

Mr. Daniel Hodge informed Mr. Steve Geiser the need to prioritize the areas that need fixed after the flash flooding before school starts then go to lesser critical areas.

Discussion was held regarding the stone used for choking the roads.

A motion to accept the best and highest bid for the tractor currently on Auctions International was made by Mr. Daniel Hodge.  It was seconded by Mr. Joseph Rabatin.

Mr. Daniel Hodge informed the Board he spoke with Mr. Gary Rogers with the Apple Creek Historical Society regarding the water runoff from their property and decided to maybe run a pipe from there to the culvert at Dale James Ford.  Mr. Hodge stated he would check with Mr. Brian Orr to see if they were still doing a retention pond when the parking lot is put in.

Mr. Jeff Sampsel informed the Board that there were some tree limbs that needed trimmed at the ACDC Cemetery.

Mr. Joseph Rabatin stated he spoke with the school and they asked for a two-week notice before we fix the bridge on Barnard Road.  Mr. Blake Meier stated that it is technically a County bridge and with the recent damage done by the flash flooding, we should not spend money on that project this year.

Mr. Daniel Hodge informed the Board that the new tractor has been shipped up to Kalida to have the mower installed.

Mr. Joseph Rabatin informed the Board that the proposed softball field up at East Union Park had been staked out and that he informed them there is no guarantee that the Township will contribute to this project.  Mr. Rabatin further stated they would just like to know if we would allow them to start fund raising.  After discussion, it was decided that the Park Planning Committee would be open to talking about it further.

Mr. Joseph Rabatin informed the Board that the JEDD II meeting was interesting because Mayor Mackey is determined to say the JEDD II has nothing to do with the sewer project.  Mr. Rabatin they also discussed the Apple Creek Police being used as the resource officer at the High School.

Nothing further has been heard about the Speedway project at Route 57.

Mr. Mike Raymond told the Board that Chief Zimmerman did a great job running everything during the flash flooding and that Assistant Chief and Road Superintendent Dave Compston did a great job working together with all Townships affected.

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Page #4 of August 1, 2019 mins.

A motion to pass Resolution 20-2019 as follows was made by Mr. Daniel Hodge.

     WHEREAS, the Board of Trustees approve to pass a Resolution authorizing all actions necessary to effect a Governmental Electricity Aggregation program with opt-out provisions pursuant to section 4928.20 of the Ohio Revised Code, directing the Wayne County Board of Elections to submit to a ballot question to the electors in the November 5, 2019 General Election.

It was seconded by Mr. Blake Meier.

A roll call vote was taken:

              Daniel Hodge             YES     

              Blake Meier                   YES

              Joseph Rabatin          YES

A motion to pass Resolution 21-2019 as follows was made by Mr. Joseph Rabatin.

A RESOLUTION AUTHORIZING ALL ACTIONS NECESSRY TO EFFECT A GOVERNMENTAL ELECTRICITY AGGREGATION PROGRAM WITH OPT-OUT PROVISIONS PURSUANT TO SECTION 4928.20 OF THE OHIO REVISED CODE AND DIRECTING THE WAYNE COUNTY BOARD OF ELECTIONS TO SUBMIT A BALLOT QUESTION TO THE ELECTORS OF THE UNINCORPORATED AREA OF EAST UNION TOWNSHIP

WHEREAS, the Ohio legislature has enacted electric deregulation legislation which authorizes the legislative authorities of townships and counties to aggregate the retail electrical loads located within the respective jurisdictions and to enter into service agreements to facilitate for those loads the purchase and sale of electricity; and

WHEREAS, governmental aggregation provides an opportunity for residential and small business consumers to participate collectively in the potential benefits of electricity deregulation through lower electricity rates which would not otherwise be available to those electricity customers individually, and

WHEREAS, the Board of Trustees of East Union Township (“Board”) seeks to establish a governmental aggregation program with opt-out provisions pursuant to sections 4928.20 of the Ohio Revised Code for the residents, businesses, and other electric consumers within the unincorporated area of East Union Township; and

WHEREAS, the Board may exercise said authority jointly with any other legislative authorities.

NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of East Union Township, Wayne County, State of Ohio:

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Page #5 of August 1, 2019 mins.

Section 1. BEST INTERESTS OF THE TOWNSHIP

The Board has concluded that it is in the best interest of the Township, its residents, and businesses located within the unincorporated area of the Township to establish this aggregation program within the unincorporated area of the Township.

Section 2. APPROVAL BY THE ELECTORATE

The aggregation program must be approved by the electors of the Township pursuant to Section 3 of this Resolution.  Upon approval by the electorate, the Township is hereby authorized to automatically aggregate, in accordance with sections 4928.20 of the Ohio Revised Code, the retail electric loads located within the unincorporated area of the Township, and for that purpose, to enter into service agreements to facilitate for those loads the purchase and sale of electricity.  The Board may exercise such authority jointly with any other municipal corporation, township, or county or other political subdivision of the State of Ohio.

Section 3. BALLOT LANGUAGE

The Board of Elections of Wayne County is hereby directed to submit the following question to the electors of the unincorporated area of the East Union Township at the general election on the November 5, 2019:

Shall the East Union Township, Wayne County, Ohio have the authority to aggregate the retail electric loads located in the unincorporated area of East Union Township, Wayne County, Ohio, and for that purpose, enter into service agreements to facilitate for those loads the sale and purchase of electricity, such aggregation to occur automatically except where any person elects to opt out?

The Fiscal Officer of East Union Township is instructed to immediately file a certified copy of this Resolution and the proposed form of the ballot question with the Wayne County Board of Elections not less than ninety (90) days prior to the general election.  The aggregation program shall not take effect unless approved by a majority of the electors voting upon this Resolution and the aggregation program provided for herein at the election held pursuant to this Section 3 and Section 4928.20 of the Ohio Revised Code.

Section 4. PROCEDURE AFTER AN AFFIRMATIVE VOTE: HEARING AND NOTICE OF HEARINGS; OPT-OUT RIGHTS.

Upon approval of a majority of the electors voting at the general election provided for in Section 3 of this Resolution the Board, individually or jointly with any other political subdivision, may develop a plan of operation for the aggregation program.  Before adopting this plan, the Board shall hold at least two public hearings on the plan.

Notice of the hearings shall be published once a week for two consecutive weeks in a newspaper of general circulation in the Township prior to the first hearing.  The notice will summarize the plan and state the date, time, and place of each hearing.  No plan adopted by this Board shall aggregate the electric load of any electric load center

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Page #6 of August 1, 2019 mins.

located within the unincorporated area of the Township unless it, in advance, clearly discloses to the person owning, occupying, controlling, or using the load center that the person will be enrolled automatically in the aggregation program and will remain so enrolled unless the person affirmatively elects by a stated procedure not to be enrolled.  The disclosure shall state prominently the rates, charges, and other terms and conditions of enrollment.  The stated procedure shall allow any person enrolled in the aggregation program, pursuant to Section 4928.20 of the Revised Code, the opportunity to opt-out of the program every three years, without paying a switching fee.  Any person that opts out before the commencement of the aggregation program pursuant to the state procedure shall default either to the standard service offer provided under section 4928.14 or division (D) of section 4928.35 of the Ohio Revised Code, until the person chooses an alternative supplier.

Section 5.

It is hereby declared that all formal actions of this Board concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Board, and that all deliberations of the Board which resulted in passage of this resolution were taken in meetings open to the public, in full compliance with the requirements of Ohio Revised Code Section 121.22.

It was seconded by Mr. Blake Meier.

A roll call vote was taken:

              Joseph Rabatin          YES

              Blake Meier                   YES

              Daniel Hodge             YES

A motion to pass Resolution 22-2019 as follows was made by Mr. Daniel Hodge.

WHEREAS, the Board of Trustees approve to pass a Resolution authorizing all actions necessary to effect a Governmental Natural Gas Aggregation program with opt-out provisions pursuant to section 4929.26 of the Ohio Revised Code, directing the Wayne County Board of Elections to submit to a ballot question to the electors in the November 5, 2019 General Election.

It was seconded by Mr. Joseph Rabatin.

A roll call vote was taken:

              Daniel Hodge             YES

              Joseph Rabatin          YES

              Blake Meier                   YES

A motion to pass Resolution 23-2019 as follows was made by Mr. Joseph Rabatin.

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Page #7 of August 1, 2019 mins.

A RESOLUTION AUTHORIZING ALL ACTIONS NECESSRY TO EFFECT A GOVERNMENTAL NATURAL GAS AGGREGATION PROGRAM WITH OPT-OUT PROVISIONS PURSUANT TO 4929.26 OF THE OHIO REVISED CODE AND DIRECTING THE WAYNE COUNTY BOARD OF ELECTIONS TO SUBMIT A BALLOT QUESTION TO THE ELECTORS OF THE UNINCORPORATED AREA OF EAST UNION TOWNSHIP.

WHEREAS, the Ohio legislature has enacted natural gas deregulation legislation which authorizes the legislative authorities of townships and counties to aggregate the retail natural gas loads located within the respective jurisdictions and to enter into service agreements to facilitate for those loads the purchase and sale of the service for retail natural gas loads; and

WHEREAS, governmental aggregation provides an opportunity for residential and small business consumers to participate collectively in the potential benefits of natural gas deregulation through lower natural gas rates which would not otherwise be available to those natural gas customers individually, and

WHEREAS, the Board of Trustees of East Union Township (“Board”) seek to establish a governmental aggregation program with opt-out provisions pursuant to sections 4929.26 of the Ohio Revised Code for the residents, businesses, and other natural gas consumers within the unincorporated area of East Union Township; and

WHEREAS, the Board may exercise said authority jointly with any other legislative authorities.

NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of East Union Township, Wayne County, State of Ohio:

Section 1. BEST INTERESTS OF THE TOWNSHIP

The Board has concluded that it is in the best interest of the Township, its residents, and businesses located within the unincorporated area of the Township to establish an aggregation program in the unincorporated area of the Township.

Section 2. APPROVAL BY THE ELECTORATE

The aggregation program must be approved by the electors of the Township pursuant to Section 3 of this Resolution.  Upon approval by the electorate, the Board is hereby authorized to automatically aggregate, in accordance with Section 4929.26 of the Ohio Revised Code, the retail natural gas loads located within the unincorporated area of the Township, and for that purpose, to enter into service agreements to facilitate for those loads the purchase and sale of natural gas service.  The Board may exercise such authority jointly with any other municipal corporation, township, or county or other political subdivision of the State of Ohio.

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Page #8 of August 1, 2019 mins.

Section 3. BALLOT LANGUAGE

The Board of Elections of Wayne County is hereby directed to submit the following question to the electors of the unincorporated area of the East Union Township at the general election on the November 5, 2019:

Shall the East Union Township, Wayne County, Ohio have the authority to aggregate the retail natural gas loads located in the unincorporated area of East Union Township, Wayne County, Ohio, and for that purpose, enter into service agreements to facilitate for those loads the sale and purchase of natural gas, such aggregation to occur automatically except where any person elects to opt out?

The Fiscal Officer of East Union Township is instructed to immediately file a certified copy of this Resolution and the proposed form of the ballot question with the Wayne County Board of Elections not less than ninety (90) days prior to the general election.  The aggregation program shall not take effect unless approved by a majority of the electors voting upon this Resolution and the aggregation program provided for herein at the election held pursuant to this Section 3 and Section 4929.26 of the Ohio Revised Code.

Section 4. PROCEDURE AFTER AN AFFIRMATIVE VOTE: HEARING AND NOTICE OF HEARINGS; OPT-OUT RIGHTS.

Upon approval of a majority of the electors voting at the general election provided for in Section 3 of this Resolution the Board, individually or jointly with any other political subdivision, may develop a plan of operation for the aggregation programs.  Before adopting this plan, the Board shall hold at least two public hearings on the plan.

Notice of the hearings shall be published once a week for two consecutive weeks in a newspaper of general circulation in the Township prior to the first hearing.  The notice will summarize the plan and state the date, time, and place of each hearing.  No plan adopted by this Board shall aggregate any retail natural gas load located within the Township unless it, in advance, clearly discloses to the person whose retail natural gas load is to be so aggregated that the person will be enrolled automatically in the aggregation program and will remain so enrolled unless the person affirmatively elects by a stated procedure not to be enrolled.  The disclosure shall state prominently the rates, charges, and other terms and conditions of enrollment.  The stated procedure shall allow any person enrolled in the aggregation program, pursuant to Section 4929.26 of the Revised Code, the opportunity to opt-out of the program every two years, without paying a switching fee. Any person that opts out before the commencement of the aggregation program pursuant to the state procedure shall default to the natural gas company providing distribution service for the person’s retail natural gas load, until the person chooses an alternative supplier.

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Page #9 of August 1, 2019 mins.

Section 5.

It is hereby declared that all formal actions of this Board concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Board, and that all deliberations of the Board which resulted in passage of this resolution were taken in meetings open to the public, in full compliance with the requirements of Ohio Revised Code Section 121.22.

It was decided to hold a public meeting on Thursday, September 5, 2019 at 6:30 regarding the upcoming electric and natural gas aggregation initatives on the ballot on November 5, 2019.  There will be a second public meeting before the October 3, 2019 regular meeting the time to be determined after the first meeting is held.

Mr. Blake Meier informed the Board he would not be able to attend the September 5, 2019 regular meeting.

The Board stated they are very proud of the way the Fire Department and the Road Department handled the flash flooding and they are very appreciative of all our employees and their dedication to keeping the Township residents safe.

The next regular meeting will be Thursday, September 5, 2019 at 7:00 pm at the Fire Station with a public meeting on the aggregation issues at 6:30 pm.

A motion to adjourn at 8:25 pm was made by Mr. Blake Meier and seconded by Mr. Daniel Hodge with Mr. Joseph Rabatin concurring.

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