Record of Proceedings July 2, 2024

August 1, 2024

RECORD OF PROCEEDINGS

The minutes of the meeting held July 2, 2024.

PRESENT WERE TRUSTEES JOSEPH RABATIN, JIM MILLER, AND DANIEL HODGE: AND FISCAL OFFICER VALORIE LEWIS

Also present were:

Mr. Jim Miller called the regular meeting to order at 6:46 pm.

The Board signed checks and po’s.

A motion to approve the June 6, 2024 regular meeting minutes was made by Mr. Jim Miller and seconded by Mr. Joseph Rabatin with Mr. Daniel Hodge concurring.

A motion to approve the June 6, 2024 special meeting minutes was made by Mr. Jim Miller and seconded by Mr. Joseph Rabatin with Mr. Daniel Hodge concurring.

The Fiscal Officer presented the Board with the Ohio Plan quarterly report.

The Fiscal Officer presented the Board with the OTARMA update.

A motion to approve the 2025 budget was made by Mr. Jim Miller and seconded by Mr. Daniel Hodge with Mr. Joseph Rabatin concurring.

The Fiscal Officer informed the Board that the 2022-2023 Audit was complete and everything was good.

A motion to amend the Employee Handbook to add Juneteenth as a Holiday and to add the Public Records Policy was made by Mr. Jim Miller and seconded by Mr. Joseph Rabatin with Mr. Daniel Hodge concurring.

The Fiscal Officer informed the Board that all elected officials and all public employees are required to complete the Auditor of State fraud reporting training online and provide proof of completion to be kept in Employee’s files for upcoming audit

A motion to pass Resolution 14-2024 as follows was made by Mr. Joseph Rabatin.

WHEREAS, the Board of Trustees approve all then and now purchase order dated January 1, 2024 through June 30, 2024 totaling $161,869.75 

It was seconded by Mr. Jim Miller

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A roll call vote was taken:

          Joseph Rabatin       YES

          Jim Miller                YES

          Daniel Hodge          YES

A motion to pass Resolution 15-2024 as follows was made by Mr. Daniel Hodge.

WHEREAS, the Board of Trustees approve all then and now purchase order dated July 2, 2024 totaling $15,632.50. 

It was seconded by Mr. Jim Miller.

A roll call vote was taken:

          Daniel Hodge          YES

          Jim Miller                YES

          Joseph Rabatin       YES

A motion to approve receipts for June 2024 of $36,557.18 warrants 12626 – 12672 totaling $103,214.31 and bank reconciliation and financial reports as submitted was made by Mr. Joseph Rabatin and seconded by Mr. Jim Miller with Mr. Daniel Hodge concurring.

Trustee Jim Miller presented Chief Zimmerman’s report of 29 squad runs, 4 fire runs, and 1 mutual aid runs for June 2024 for a total of 159.00 hours plus an additional 60.00 training hours for June 2024.

Mr. Jim Miller presented the following provided by Chief Zimmerman who is on vacation.

Preventative maintenance is done on the cardiac monitors, Sp02 monitors, portable suctions, and AED’s.  Only note was that Sp02 monitors are getting old and relatively inexpensive to replace.

Hose testing was completed on the 4” hose and it went well.

The reverse osmosis pre-filter was plugged with brown slime again, same as before, indicating the lack of salt in the softener but that was not the issue.  Flinner Well Service

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suggests replacing the media in the softener that we have or replacing the entire softener.  Regardless of the two options, potentially replacing the RO system with a bigger should be considered as what we currently have is designed for residential use.

Roger’s Overhead Door came out to look at a door that wouldn’t go down, ended up just being a loose wire inside the motor housing.

R-101 is in service and a punch list update has been emailed to Sutphen on June 26th.

E-102 foam system had the foam check valve/manifold assembly installed and should be fixed but won’t know until the foam is used again.

New T-203 chassis build date has been moved from July 2024 to November 2024 due to dana axle shortage but this will not affect the timeline for the tanker delivery.

DMS is coming July 23rd to do annual services on all of the apparatus.  Planning to have him change the gearbox oil on #-102 due to an operator shift out of sequence in May causing significant gear grinding.

Congratulations to Ms. Sylvia Howard EMT-B and Ms. Ashley Zimmerman AEMT training completion.

GADCS survey is completed and certified.

Would like to explore the ESO, which is a reporting software as well as data acquisition/tracking tool for the fire service.  This would replace IMS which we are currently using.  It is more expensive but comes with a lot of addition to potentially better reporting software, and Wooster Hospital and Ohio Billing are switching to it.

Discussion was held regarding putting a cap on the Other Leave Chief Zimmerman is earning.  After discussion a motion to cap the Other Leave at 90 hours was made by Mr. Jim Miller and seconded by Mr. Daniel Hodge with Mr. Joseph Rabatin concurring.

Trustee Daniel Hodge presented Mr. Dave Compston’s report due to him attending the Orrville parade.

Discussion was held regarding the Wayne County Engineers drive permit form.  After discussion Mr. Joseph Rabatin stated he would discuss the change with Mr. Dave Compston.

Mr. Jim Miller informed the Board that Troyer Signs would make a marker for the indigent burial at no cost and he and Mr. Compston would complete the burial.

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Mr. Daniel Hodge informed the Board that Mr. Compston along with Sugarcreek and Salt Creek Road Superintendents laid down 55 loads of drag patch.

Mr. Daniel Hodge met with Shirley Simonson and Ryan Marthy of the County will take care of repairing the blow holes just North of Eastwood Allotment.

Mr. Joseph Rabatin informed the Board that he and Mr. Compston met with Mr. Doug Shoup about some road permits for some work he wants to do and he will do a Road Bore permit for the work.

Mr. Daniel Hodge presented two quotes for Ferris mowers from Mast Lepley.  After discussion the Board decided to ask Mr. Compston to test them and get his opinion and to table this until late.

Park Planning – Mr. Joseph Rabatin explained to the Board the need for every high school student to obtain 20 volunteer hours to graduate and asked to use those willing to do some work at the Park putting cages and weeding around the new trees planted.  A motion to approve up to $500 to buy supplies to come from the Park Fund was made by Mr. Jim Miller and seconded by Mr. Joseph Rabatin with Mr. Daniel Hodge concurring.  A motion to allow high school volunteers to do the work was made by Mr. Joseph Rabatin and seconded by Mr. Daniel Hodge with Mr. Jim Miller concurring.

JEDD II – Mr. Jim Miller informed the Board a meeting is scheduled for July 10th.

JEDD I – Nothing to report.

Mr. Joseph Rabatin informed the Board that the Village of Apple Creek met in executive session to discuss the Apple Creek Elementary grounds.

Mr. Daniel Hodge informed the Board he attended the TRIC meetings at the Wayne County Commissioners meeting room and that each Enterprise Zone Agreements was recommended for continuation.

A motion to resend Resolution 2018-25 was made by Mr. Jim Miller and seconded by Mr. Daniel Hodge with Mr. Joseph Rabatin concurring.

A motion to approve Resolution 2024-16 as follows was made by Mr. Jim Miller

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WHEREAS, on November 7, 2023, voters in Ohio approved State Issue 2, which enacts new Chapter 3780 of the Ohio Revised Code, effective thirty days from the date of the election; and

WHEREAS, Chapter 3780 authorizes and regulates recreational adult-use cannabis in the state of Ohio; and;

WHEREAS, R.C. 3780.25 authorizes townships to prohibit or limit the number of adult-use cannabis operators (as defined in R.C. 3780.01) within the incorporated area of the township; and

WHEREAS, Medical marijuana is regulated in Ohio by Chapter 3796 of the Ohio Revised Code; and

WHEREAS, R.C. 3796.29 similarly authorizes townships to prohibit or limit the number of marijuana cultivators, processors, or retail dispensaries licensed under Chapter 3796 within the unincorporated areas of the township; and

WHEREAS, the East Union Board of Township Trustees previously adopted Resolution #2018-25 on August 2, 2018, adopting regulations on local licensure on cultivation, processing, testing and/or dispense of medical marijuana within the unincorporated area of East Union Township; and

WHEREAS, the East Union Board of Township Trustees finds it to be in the best interest of the Township to limit adult-use cannabis cultivators, processors, and dispensary’s licensed under Chapter 3780 within the unincorporated area of the Township;

NOW THEREFORE, BE IT RESOLVED, the East Union Township Board of Trustees hereby establishes the following regulations:

SECTION 1. In accordance with Section 3780.25, the Board of Township Trustees hereby adopts a resolution, Resolution # 2024- 16     establishing a licensing fee for establishment of any adult-use cannabis-related businesses within East Union Township (herein after called “Township”);

SECTION 2. The purpose of this Resolution to establish reasonable and uniform regulations to ensure the safe and secure operation of adult-use cannabis dispensaries within the unincorporated

area of the Township in order to maintain the public health, safety, and welfare of the residents and visitors to the Township;

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SECTION 3. Definitions as used in this Resolution:

  1. “Cultivate” means to grow, harvest, package, and/or transport medical marijuana as authorized by Section 3796 of the Ohio Revised Code
  2. “Dispense” means to obtain and sell medical marijuana as authorized by Section 3796 of the Ohio Revised Code
  3. “Local operating license” means a license issued by the Township to an adult-use cannabis marijuana entity. An adult-use cannabis entity may not cultivate, process, test, or dispense adult-use cannabis within the unincorporated area of the Township without a valid local operating license.
  4. “Adult-use cannabis”, “Cannabis”, and/or “Marijuana” means marijuana as defined by Section 3719.01 of the Ohio Revised Code.
  5. “Medical Marijuana” means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose as defined by Section 3796.0l(A)(l) of the Ohio Revised Code.
  6. “Adult-use cannabis operator” means a level I adult use cultivator, a level II adult use cultivator, a level III adult use cultivator, an adult use processor, and an adult use dispensary as defined by Section 3780.0l(A)(2) of the Ohio Revised Code.
  7. “Person” means any natural or corporate person, business association or other business entity, including but not limited to a firm, corporation, limited liability company, partnership, joint venture, sole proprietorship, or any other legal entity.
  8. “Process” means to manufacture adult-use cannabis products as authorized by Section 3780 of the Ohio Revised Code.
  1. “Test” means to conduct medical and scientific research on marijuana as authorized by Section 3796 of the Ohio Revised Code.
  2. “Valid” means not expired, suspended, or revoked.

SECTION 4. Application for and Renewal of Local Operating License

  1. No adult-use cannabis entity shall operate within the unincorporated area of the Township unless the entity possesses a valid local operating license pursuant to this resolution and a valid state license to cultivate, process, and test adult-use cannabis issued by the department of commerce, or a valid state license to dispense medical marijuana issued by the state board of pharmacy.
  • An application for a local operating license shall be made to the Township Clerk and shall include:

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  1. The legal name of the applicant. The type of business organization of the applicant, such as an individual, corporation, partnership, limited liability company, association, cooperative, joint venture, or any other business organization.
    1. A confirmation that the applicant is registered with the Ohio Secretary of State as the type of business submitted pursuant to this resolution, a certificate of good standing issued by the Ohio Secretary of State, and a copy of the applicable business documents governing the operations and administration of the business if the applicant is corporation, partnership, limited liability company, association, cooperative, joint venture, or any other business organization.
    1. The mailing address, email address, and phone number of the applicant if the applicant is an individual; the name, mailing address, email address, and phone number of a designated representative of the applicant if the applicant is any type of business organization.
    1. Statement whether the applicant has ever applied for or has been granted a license or authorized in another state or jurisdiction to cultivate, produce, test, dispense, or otherwise deal in the distribution of medical marijuana or adult-use cannabis in any form.
    1. Statement whether the applicant was ever warned, fined, denied, suspended, revoked or otherwise sanctioned in regards to license or authorization to cultivate, produce, test, dispense, or otherwise deal in the distribution of medical marijuana or adult-use cannabis in any form.
    1. Submit a current, valid state license issued to the applicant by the department of commerce or the state board of pharmacy.
    1. Submit a security plan approved by the Police Department, and a location area map of the area surrounding the proposed medical marijuana and/or adult-use cannabis entity that establishes that the parcel of real estate on which the proposed facility will be located is at least five hundred feet from the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park.
    1. Any other information requested by the Township Clerk.
    1. A non-refundable application fee of $2,500.00.
    1. If both a medical marijuana and an adult-use cannabis license is sought, only one (1) application fee is required.
  • The Board of Township Trustees shall approve or deny the issuance of the local operating license within one hundred twenty (120) days of receipt of the completed application and fees. The Township has no obligation to process or approve any

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incomplete application, and any times provided under this Resolution shall not begin to run until the Township received a complete application.

  • An application for a local operating license shall be granted on the approval of the Board of Township Trustees. Every local operating license issued by the Township shall expire one year after the date on which it was issued.
  • A renewal application for a medical marijuana and/or adult-use cannabis entity shall be submitted to the Township Clerk at least 90 days prior to the expiration date of the local operating license. The renewal application shall include:
  • Confirmation that the medical marijuana and/or adult-use cannabis entity is conforming to all requirements under this Resolution, Sections 3796 or 3780 of the Ohio Revised Code, and Chapter 3796 of the Ohio Administrative Code.
  • A copy of a valid state license to cultivate, process, and test medical marijuana and/or adult-use cannabis issued by the department of commerce, or a valid state license to dispense medical marijuana issued by the state board of pharmacy to the medical marijuana entity for the same address.
  • Any other information requested by the Township Clerk.
  1. A non-refundable renewal fee of $2,500.00.
  • An application for a local operating license shall be granted on the approval of the Board of Township.
  • In addition to the application fee required, every applicant that is granted an operating license (new or renewal) shall pay to the Township an annual, non-prorated license fee in
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the amount $50,000.00 upon license issuance or renewal.

  • If both a medical marijuana and adult-use cannabis license is sought, only one (1) license fee is required.
  • As part of the submission of an application that results in the issuance of a local operating license, a medical marijuana and/or adult-use cannabis entity irrevocably

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consents to any inspection by the Township or the Police Department that is deemed necessary to ensure compliance by the medical marijuana and/or adult-use cannabis entity with this resolution, Sections 3796 or 3780 of the Ohio Revised Code, and Chapter 3796 of the Ohio Administrative Code.

SECTION 5. Suspension and revocation of licenses

  1. If, at any time, the Township becomes aware that a medical marijuana and/or adult-use cannabis entity possessing a local operating license has engaged in, is engaged in, or is about to engage in any act or practice declared to be prohibited by this Resolution, Sections 3796 or 3780 of the Ohio Revised Code, Chapter 3796 of the Ohio Administrative Code, or any other local, state, or federal law, with the exception of acts that are permitted under state law but are federal law violations stemming from the classification of marijuana as a controlled substance under 21 U.S.C. §812(c), the Board of Township Trustees may do any of the following:
    1. Refer such violations to the Ohio Department of Commerce;
    1. Issue a warning to the medical marijuana or adult-use cannabis entity, which may include possible corrective action(s);
    1. Suspend the license and require any violations to be resolved and corrective actions to be taken as conditions to the reinstatement of the suspended license;
    1. Revoke the license.
  • Both suspension and revocation of local operating license may be accomplished after a public hearing which hearing shall be held within thirty (30) days after notice is given to the licensee of such hearing, by certified mail. The licensee shall have the right to appear at such a hearing, to be represented by counsel, and to have the right to examine and cross examine witnesses.
  • As a condition of the reinstatement of a suspended license, it is required any violations to be resolved and reasonable corrective actions to be taken.
  • In the event of a decision or ruling adverse to a licensee or license applicant regarding a denial, revocation, or suspension of a license, the licensee or license applicant shall have the right to appeal such decision and ruling to a court of competent jurisdiction, under authority of and pursuant to the provisions of Section 2506 of the Ohio Revised Code.

IT IS FURTHER RESOLVED THAT; The Board of Township Trustees finds and determines that all formal actions concerning and relating to the passage of this Resolution

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were taken in an open meeting of this Board and that all deliberations of this Board of Trustees and of any of its committees that resulted in formal action were in meetings open to the public in compliance with all legal requirements, including 121.22 of the Ohio Revised Code.

It was seconded by Mr. Joseph Rabatin

A roll call vote was taken:

          Jim Miller                YES

          Joseph Rabatin       YES

          Daniel Hodge          YES

Mr. Joseph Rabatin informed the Board he was on the Wayne County Comprehensive Safety Committee and that the Committee will be holding four public meetings.  July 9th in Wooster, July 16th in Rittman, July 30th at the Amish Health Symposium and August 3rd at the Red Tomato. 

The next regular meeting is scheduled for Thursday, August 1, 2024 at 7:00 pm at the Fire Station.  

A motion to adjourn at 8:00 pm was made by Mr. Jim Miller and seconded by Mr. Daniel Hodge with Mr. Joseph Rabatin concurring.