7:00 p.m. Regular Meeting April 9 12

7:00 p.m. Regular Meeting April 9 12 HELD AT: CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: ATTENDANCE: Berlin Township House, 3271 Cheshire Rd., Delaware, OH Ron, Trustee Chairman The Pledge of Allegiance was led by Joe Korleski Ron, Tom, Phil, Claudia Smith, Fiscal Officer. Joe & Toni Korleski, Adam Fleischer, Jim Hahn, Jeff George, David Weads, Don Brosius PUBLIC COMMENT: asked if anyone wanted to make a public comment. Hearing none they moved on to the first item on the agenda. Approval of Minutes: RESOLUTION APPROVE THE 03/26/2012 REGULAR MEETING MINUTES 12-04-02 AND DISPENSE WITH THE READING abstain, yes and yes FISCAL OFFICE: Bank statement for March was signed. Ditch Petition Smith said the last meeting they approved paying a portion of the assessment, she was wrong the entire bill needed to be paid. RESOLUTION RESCIND RESOLUTION #12-03-15 12-04-03 RESOLUTION APPROVE $18,292.63 TO DELAWARE COUNTY 12-04-04 COMMISSIONERS FOR MIDWAY GARDENS DITCH DRAINAGE IMPROVEMENT PETITION PROJECT National Purchasing Partners Smith indicated that Irwin gave her information on this purchasing group as the tractor he would like to purchase is not available through state bid purchasing contract. suggested that we get a list of the features that we want in the tractor. said they were not ready to purchase a tractor yet so it could wait. Newsletter Smith asked trustees we were going to have Cathy do the newsletter now that she was back. said he mentioned it to Cathy this morning and she indicated it would take her 2-3 weeks to get it done which was not enough time to notify residents about township clean-up day on May 5 th. will work with Cathy as he is the editor. He indicated that he has applied to the health department for the fee waiver and asked Irwin to talk to Sargent to get the containers ordered. RESOLUTION APPROVE $1,000.00 FOR MAILING OUT POSTCARDS 12-04-05 FOR ANNOUNCEMENT OF CLEAN UP DAY MAY 5TH - 1 -

7:00 p.m. Regular Meeting March 26 12 OPWC- Smith indicated that we received the OPWC grant and need to know where the money is coming from. League of Women Voters of Delaware County - Smith received a form and volunteered to complete it. RESOLUTION APPROVE PANZARELLA RESPOND TO THE LEAGUE OF 12-04-06 WOMENS VOTERS LETTER DATED APRIL 6TH OLD BUSINESS: Brick Entrance Column Repair said he emailed Irwin and has not heard back. said we had one quote for $1,750. Cemetery Rules stated that he had a meeting with Chris Betts and the cemetery sexton Tuesday at 3:00p.m. ComputerSmith System support suggested that we had this for later in the meeting. said he received an email from Cathy saying she could not make contact with the server. will contact ComputerSmith. Employee Handbook said he thought we were trying to get everyone to sign for the handbook by the end of March as it was electronically distributed. He feels the chair should send an email to all employees with the handbook attached. Smith indicated that the changes that were submitted by employees had not been made yet. said they were talking about the original handbook as they were trying to put the handbook in place so employees would know what the board passed. Once all comments were received we would take action to make to corrections. will send the email. L & B Discussion stated that we asked Mr. Brosius to come at 8:00p.m. Performance Reviews submitted a new evaluation rating scale of 1 to 5 and he will revise the Employee Performance Evaluation Form and attach it to the email with the handbook. Tree Removal said we asked the county if there was a time frame on how long it would take for them to remove a tree in an emergency situation and they advised us there was no time frame. said he thinks the county uses a tree service to handle large trees and thinks we should do the same. Small trees the road crew can handle. said we can put a procedure in place. Townhouse Painting (Inside) said Irwin explained that they could not do it with all the other duties that they have and will get some quotes to have it done. CEMETERY: said foundation pours would be done in May. said we need to be specific in how many people we are going to get to help, what we are going to pay them for general labor, and will come to the next meeting with a proposal. RESOLUTION RECESS TO EXECUTIVE SESSION FOR THE PURPOSE 12-04-07 OF INTERVIEWING CANDIDATES FOR THE ZONING DEPARTMENT ALTERNATE POSITIONS - THREE TRUSTEES, FISCAL OFFICER AND CANDIDATES ATTEND-7:30 P.M.

7:00 p.m. Regular Meeting April 9 12 RESOLUTION 12-04-08 MOTION TO RETURN TO REGULAR SESSION We met in executive session and interviewed two applicants for board of zoning positions and no decisions or actions were taken. A decision will be made at the next trustee meeting. stated that we asked Don Brosius come and talk to us as we were made aware of some situations which might involve annexation along 36/37 which could involve large pieces of property from Delaware to I71. Mr. Brosius asked to see a map and showed it to him. said what we were looking from Mr. Brosius is what alternatives there are to keep commercial activity in the township rather than having those areas annexed to the city to keep taxes in our township. Mr. Brosius It will revolve around if utilities can be provided. Townships are not in the utility business so they rely on the county for sewer and Del-Co for water. Part will depend on who the developer is and having a conversation with them. If you stay in the township we could consider a Tax Increment Financing District (TIFD) where you would have the ability to divert taxes to infrastructure and assist in offsetting your costs. We could consider a Joint Economic Development District (JEDD) for income tax but revenue diverted for infrastructure improvements. The township could do a Community Authority but it takes 1,000 acres. If they wanted to do a regular annexation you could argue that forever and they will not want to go there. If they wanted do an expedited annexation there has to be less than 500 acres and would take approximately 120 days but you could TIF the property. If the contractor is unwilling to cooperate you have the ability to rezone the property by creating a special district, a floating PUD. You could also do a Joint Economic Development Zone (JEDZ) which takes longer but it allows a township to have an income tax in the unincorporated areas. With a JEDD you have to have a city go in with you, which can be anywhere, it has to be unanimous with the board of trustees and a majority (51%) of the property & business owners need to sign a petition saying they want it. You have to make clear in your zoning that you don t include any electors (anyone living there) because if you do they get to have a separate vote on whether an income tax can be imposed. A JEDZ has to be put on the ballot and people in the township vote on it. It does not cost residents anything but what you are doing is imposing a tax on the area of businesses that you have designated in your zoning. If the property annexes it doesn t matter, they are paying the JEDZ tax for as long as the contract lasts which could be 30 to 50 years. The municipality administers the income tax and splits could be 80/20 or 75/25 which are after costs are paid out. The tax is on the net profits of the business and the people that work there. This makes annexation less attractive as contractors will get a better deal from the township than they will from the city. Jeff George asked what incentive the city had to supply sewer if JEDZ is created. Mr. Brosius said with a TIDF or a JEDZ we can assist with the payments. Mr. Brosius With a JEDZ you can also have more than one township and more than one city. My first suggestion is that you sit down with the contractor that is moving this and talk things through to see what they are looking for. In the past the area west of the railroad tracks the city signed an agreement with Del-Co Water, before the annexation, where the city would provide water and have first right of refusal to provide water and Del-Co would not expand their service in the area. The city made it difficult for anyone to develop property without annexing to the city. Do you have any recommendation on how to contract with Del-Co regarding this corridor? Mr. Brosius I think it would be nice to have a copy of their contract and then it would be worthwhile to sit down and talk to them about it. A TIFD could be done in 8 weeks but a JEDZ would take longer. My expertise is not in TIFD s so I suggest you use Steve - 3 -

7:00 p.m. Regular Meeting March 26 12 Grasbaugh and I will call him to make sure he does not have a conflict and see how long it takes in an emergency situation. I think someone should make a request of Del-Co for a copy of the contract and sitting down with them. I think having a conversation with someone in the county is worthwhile in terms of their sewer department and see what their plans are. I would have the developer last on my list as I want to get as much information as possible. If you think you re getting the runaround we have the ability to make public records requests. There is talk about a Transportation Improvement District by the county commissioners that we don t know much about. Mr. Brosius I can email you the criteria for being a Home Rule Township, but it has to be placed on the ballot, you have to have a law director and the prosecuting attorney is no longer obligated, there no longer is statutory counsel but the way around that is have a conversation with the prosecuting attorney and see if they will be your law director. You also have to have a police presents which we can do by getting a contract with the sheriff stating what they are already doing for you now and the population has to be over 5,000. A Home Rule Township allows you to get into the water and sewer business on your own if you wanted to. You can find the criteria in chapter 405.01. will look for the Del-Co water contract and make contact with them, and Mr. Hahn will talk to the county regarding the sewer. Home Rule will be looked at after contact has been made with everyone else. 3 MINUTE RECESS ComputerSmith System Support Trustees received a packet from ComputerSmith that included system layout, SPAM protection, PC upgrades & additions, Sonicwall (Firewall & VPN, backup options, domain & web, server replacement & email accounts. The following are the items they decided to address tonight. The others they would like for ComputerSmith to come to a meeting to explain further. RESOLUTION APPROVE $690.00 TO COMPUTERSMITH FOR SYSTEM 12-04-09 HARDWARE LAYOUT & SOFTWARE INVENTORY INCLUDING FULL PC & SERVER INVENTORY suggested adding 20% to the quote for any additional work that may need to be performed over and above the estimate. RESOLUTION APPROVE $1,100.00 TO COMPUTERSMITH FOR HOSTED 12-04-10 EMAIL BUSINESS AND INSTALLATION OF NEW TREND HOSTED EMAIL/SPAM The next quote was for monthly recurring email scrubbing for $14.00 and did not think this was correct. said it was so low because it was done through the software packet. said it was through a different company but stated that Virtual Office Systems is a subsidiary of ComputerSmith. RESOLUTION APPROVE $14.00 PER MONTH TO COMPUTERSMITH, VIRTUAL 12-04-11 OFFICE SYSTEMS FOR MONTHLY RECURRING EMAIL SCRUBBING RESOLUTION APPROVE $1,100.00 TO COMPUTERSMITH FOR SONICWALL 12-04-12 TOTALSECURE VPN NETWORK SECURITY APPLIANCE FOR ONE

7:00 p.m. Regular Meeting April 9 12 YEAR AT TOWNSHIP INCREASING QUOTE 20% RESOLUTION APPROVE $1,100.00 TO COMPUTERSMITH FOR SONICWALL 12-04-13 TOTALSECURE VPN NETWORK SECURITY APPLIANCE FOR ONE YEAR FOR FIREHOUSE INCREASING QUOTE 20% suggested going with the offsite data replication as the storage is 10GB which will give us increased backup of information. Our current backup is on 3.24. Smith asked if we can get out of the current contract with Intronis. RESOLUTION APPROVE $600.00 TO COMPUTERSMITH, VIRTUAL OFFICE 12-04-14 SYSTEMS FOR MONTHLY OFFSITE DATA REPLICATION 10GB FOR ONE YEAR, PENDING RELEASE FROM INTRONIS SUPPORT CONTRACT stated the quote for domain and web hosting would have our web site being hosted by Virtual Office Systems instead of in Texas. He said the difference was that we would be going from $95 a year to $180 a year. Smith indicated that she has just renewed the hosting for another year. suggested we get ComputerSmith to discuss this. FIRE DEPARTMENT: Requisitions: None stated that engine 391 was out of service due to electronic problems and should be up and running Tuesday. asked if there would be a towing bill for it and Smith said it has been received for $300. ROAD DEPARTMENT Requisitions: None TRUSTEE ITEMS: Transportation Improvement District Covered by Don Brosius ZONING DEPARTMENT: stated that they were at full staff now. said they are using the 30 hours authorized. asked if they wanted to redo their desire to have Rick Sedlacek assist on an ongoing basis. asked if they needed to expand on what they previously said. He said in the past the liaison could authorize having him come in. He would feel more comfortable if they designated someone to say it was okay for him to come in. said the person that most likely knows what the requirement is and could act on it on a daily basis is Armstrong. RESOLUTION AUTHORIZE RAY ARMSTRONG TO AUTHORIZE RICK 12-04-15 SEDLACEK ASSIST IN THE ZONING OFFICE FROM 12:00 P.M. TO 3:00 P.M. WITH THE PRIVIZO THAT HE LET TRUSTEES KNOW ABOUT IT BY THE NEXT MEETING, THROUGH THE END OF JUNE Discussion: asked if they could ask the prosecutor if this can be delegated. will ask him tomorrow. - 5 -

7:00 p.m. Regular Meeting March 26 12 FUTURE MEETINGS: 4/10/2012 Prosecutor s meeting with cemetery sexton & 4/26/2012 Delaware County Elected Official s Meeting LATE ITEMS: None RESOLUTION 12-04-16 MOTION TO ADJOURN REGULAR SCHEDULED MEETING Meeting adjourned by Chairman at 9:16 p.m. Ronald W., Trustee ATTEST: Claudia Smith, Fiscal Officer Thomas A., Trustee Philip P., Trustee