AGENDA · the need for automotive repair services, and WHEREAS, Orange Township employs an...

AGENDA

Liberty Township Board of Trustees

Regular Session Monday, March 2, 2020

7:00 PM Township Hall

7761 Liberty RoadPowell, OH 43065

I. Call to OrderII. Roll Call and Pledge of AllegianceIII. Approval of Minutes

1. Minutes - February 18, 2020IV. Parks Department - Michael Landon - Scenic BywaysV.

Delaware General Health District Update - Shelia Hiddleson

VI. Public CommentVII. Zoning

1. Public Hearing to consider LTZ #19-05 submitted by Stephen Martin on behalf ofLutheran Church Extension Fund-Missouri Synod requesting a proposedamendment to the Liberty Township Zoning Resolution which will rezone twoseparate parcels from Farm Residence District (FR-1) to Planned Multi-FamilyResidence District (PMFR) to permit the development of 42 townhomes. Theparcels are as follows: 1) 4026 Home Road, Powell, OH 43065 (aka DelawareCounty Tax Parcel #319-240-01-037-000) which is 1.711-acres and 2) DelawareCounty Tax Parcel #319-240-01-036-001 which is 6.892-acres. Both parcels arelocated in Range 19, Township 3, Section 2, Liberty Township, Delaware County,OH.

VIII. New Business 1. Rescind Resolution #20-0218-03: Purchase of Fire Ladder

2. Rescind Resolution #20-0218-06: Authorize website re-design

3. Resolution #20-0302-03: 2020 Permanent Appropriation Amendment 1

4. Resolution #20-0302-04: Authorize purchase of ladder truck

5. Resolution #20-0302-05: Authorize expenditure and contract for website re-designand service fees

Regular Session 7:00 PM

20-0218-03 Appropriation for and purchase of a Ladder Truck.pdf

20-0218-06 Expenditure for Contract for Website Design and Hosting.pdf

20-0302-03 Appropriation Amendment 1.docxAppropriation Amendment 1.pdf

20-0302-04 Authorize Purchase of Fire Rescue Ladder.docxLadder Truck proposal.pdf

20-0302-05 Website redesign.docx 1

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/542665/20-0218-03_Appropriation_for_and_purchase_of_a_Ladder_Truck.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/542667/20-0218-06_Expenditure_for_Contract_for_Website_Design_and_Hosting.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/542638/20-0302-03_Appropriation_Amendment_1.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/542639/Appropriation_Amendment_1.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/544097/20-0302-04_Authorize_Purchase_of_Fire_Rescue_Ladder.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/544098/Ladder_Truck_proposal.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/542672/20-0302-05_Website_redesign.pdf

6. Resolution #20-0302-06: Purchase mastic for Road Services Department

7. Resolution #20-0302-07: Expenditure for cemetery maintenance and repair

8. Resolution #20-0302-08: Expenditure for ADA curb ramp improvements

9. Resolution #20-0302-09: Intergovernmental shared services agreement withOrange Township for an automotive mechanic

10. Resolution #20-0302-10: Purchase of new vehicle for Zoning Department

11. Resolution #20-0302-11: Fiber line installation

12. Resolution #20-0302-12: Authorize trade-in/purchase of mowers for the Parks andRoad Services Department

13. Correct speed limit referenced in Resolution #20-0203-04: "...Speed limit revisionfor Steitz Road between Home Road and the north corporation line for the City ofPowell..."

14. Adopt Rules of Order for Liberty Township Board of Trustees meetings



IX. Unscheduled BusinessX. Adjournment

20-0302-06 Mastic purchase.docx

20-0302-07 cemetery maintenance.docxMonu-Brite quote.pdf

20-0302-08 addt decker expense ada curb ramp.docxDecker ADA Ramps.pdf

20-0302-09 inter gov svcs agreement auto mech.docx

20-0302-10 zoning department vehicle purchases.docxZoning Dept vehicle quote.pdf

20-0302-11 Fiber line install.docx

20-0302-12 Mower Trade In John Deere.docxJohn Deere Parks.pdf

20-0203-04 Speed Limit Revision for Steitz Road.pdf

LT Rules of Meeting Procedure and Process.pdf

20-0302-13 Mower Trade In John Deere.docxjohn ddere parks.pdf

20-0302-14 Mower Trade In roads Ag Pro.docxag-pro Roads.pdf

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/543116/20-0302-06_Mastic_purchase.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/542724/20-0302-07_cemetery_maintenance.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/542705/Monu-Brite_quote.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/542721/20-0302-08_addt_decker_expense_ada_curb_ramp.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/542722/Decker_ADA_Ramps.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/543120/20-0302-09_inter_gov_svcs_agreement_auto_mech.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/543324/20-0302-10_zoning_department_vehicle_purchases.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/544173/Zoning_Dept_vehicle_quote.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/544156/20-0302-11_Fiber_line_install.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/544263/20-0302-12_Mower_Trade_In_John_Deere.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/544248/John_Deere_Parks.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/542678/20-0203-04_Speed_Limit_Revision_for_Steitz_Road.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/543393/LT_Rules_of_Meeting_Procedure_and_Process.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/544302/20-0302-13_Mower_Trade_In_John_Deere.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/544273/john_ddere_parks.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/544299/20-0302-14_Mower_Trade_In_roads_Ag_Pro.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/544300/ag-pro_Roads.pdf

Resolution #20-0302-03

RESOLUTION #20-0302-03: 2020 PERMANENT APPROPRIATION AMENDMENT 1

Whereas, ORC § 5705.36(A)(1) requires that on or about the first day of each fiscal year, the fiscal officer of each subdivision and other taxing unit shall certify to the county auditor the total amount from all sources available for expenditures from each fund set up in the tax budget.

Whereas, ORC § 5705.38(A) requires that the on or about the first day of each year, the taxing authority of each subdivision or other taxing unit shall pass an appropriation measure, and thereafter during the year it may pass any supplemental appropriation measures as it finds necessary, based on the revised tax budget or the official certificate of estimated resources or amendments of the certificate.

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF LIBERTY TOWNSHIP, DELAWARE COUNTY, OHIO to approve an amendment to the 2020Appropriations in the amounts shown on the attached documentation.

Motion made by ___________________ and seconded by ____________________.

Vote: ________ Mrs. Eichhorn _________ Mr. Newell ________Mr. Gemperline

This Resolution shall be in force and become effective immediately upon its execution.

____________ _________________________________Date Shyra Eichhorn, Trustee

_________________________________CERTIFIED BY: Bryan Newell, Trustee

_________________________ _________________________________Nancy Denutte, Fiscal Officer Mike Gemperline, Trustee

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Resolution #20-0302-04 Page 1

RESOLUTION #20-0302-04

Authorize purchase of a Ladder Truck

WHEREAS, the Liberty Township Fire Department is in need of purchasing a Fire Ladder Truck, and

WHEREAS, this vehicle is necessary for the operation of the Fire Department and the expense has been approved in the budget.

NOW, THEREFORE BE IT RESOLVED, THAT THE LIBERTY TOWNSHIP BOARD OF TRUSTEES, DELAWARE COUNTY, OHIO, authorizes the expenditure in the amount not to exceed $1,400,000.00 for the purchase of a ladder truck, payable to Sutphen Corporation, PO Box 74008610, Chicago, IL 60674-8610.


Vote: ________ Mrs. Eichhorn _________ Mr. Gemperline ________Mr. Newell


____________ _________________________________Date Shyra A. Eichhorn, Trustee



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Authorize Expenditure for Contract for Website Design and Hosting

WHEREAS, the current Liberty Township website is outdated and in serious need of a re-design in order to incorporate many automated services, such as on-line shelter rentals, township hall rentals, permit applications and payments, as well as to allow for a resident notification sign-up, and

WHEREAS, staff has researched options and recommends CivicPlus as they specialize in municipalities are able to customize the website as needed for Liberty Township.

NOW, THEREFORE BE IT RESOLVED, THAT THE LIBERTY TOWNSHIP BOARD OF TRUSTEES, DELAWARE COUNTY, OHIO, authorizes the Township Administrator to enter into a three-year service contract with CivicPlus for a website re-design and website hosting; the total cost of this contract is not to exceed $35,000. This amount includes the annual service fee for three years and the website development, design, implementation and training.







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Authorize Purchase of Mastic Material for Large Road Joint Repairs

WHEREAS, the Road Department is requesting the Board approve the purchase of mastic to be used as a crack sealant material for large road joint repairs, and

WHEREAS, the Road Department has budgeted for such supplies and is intending to purchase the product from the cooperative purchasing process with the Ohio Department of Transportation.

NOW, THEREFORE, BE IT RESOLVED, BY THE LIBERTY TOWNSHIP BOARD OF TRUSTEES OF DELAWARE COUNTY, OHIO, authorizes the Road Department to purchase the mastic and related joint repair materials in an amount not to exceed $45,000.00 through the ODOT Cooperative Purchasing Program, 101G-20, from J & A Construction, Inc. 3609 Childerns Hm Bradford Rd, PO Box 996, Greenville, OH 45331.







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Authorize Expenditure for Cemetery Maintenance and Repair Work

WHEREAS, Liberty Township is responsible for the maintenance and upkeep of Liberty Cemetery, and

WHEREAS, the Township is continuing its’ memorial maintenance work begun in 2019 by repairing/restoring five more rows, approximately sixty-one (61) memorials within Liberty Cemetery.

NOW, THEREFORE, BE IT RESOLVED, BY THE LIBERTY TOWNSHIP BOARD OF TRUSTEES OF DELAWARE COUNTY, OHIO, authorizes an expenditure not to exceed $18,000.00 from fund 610-740 for the necessary memorial repair and maintenance work in Liberty Cemetery, payable to Monu-Bright, Dayton, Ohio 45414.







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Accept Proposal and Authorize Expenditure for ADA Curb Ramp Improvements

WHEREAS, the ADA Curb Ramps Construction project has been properly bid as part of the County Bid Process and is completed in conjunction with the annual paving program, and

WHEREAS, staff recommends authorizing this proposal for ADA ramp, curb and gutter replacement within Liberty Lakes subdivision.

NOW, THEREFORE, BE IT RESOLVED, THAT THE LIBERTY TOWNSHIP BOARD OF TRUSTEES OF DELAWARE COUNTY, OHIO, accepts the attached proposal for ADA Curb Ramp Improvements and authorizes the expenditure not to exceed $110,000.00 to be disbursed from the Road Department funds, payable to Decker Construction Co., 3040 McKinley Avenue, Columbus, OH 43204; and further authorizes the Township Administrator to execute all attendant contract documents subject to legal review and approval.







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Entering into an Intergovernmental Cooperation Agreement for Shared Services of an Automotive Mechanic

WHEREAS, Liberty Township departments, due to the size of the vehicle fleet, frequently has the need for automotive repair services, and

WHEREAS, Orange Township employs an Automotive Mechanic, and

WHEREAS, Liberty Township may enter into a shared services agreement with Orange Township, whereby Liberty Township has access to the services provided by the Orange Township Automotive Mechanic, both on and off site, as needed, and

WHEREAS, the quick access to these services will improve efficiency, significantly reduce equipment down-time and reduce costs of repair work.

NOW, THEREFORE BE IT RESOLVED, BY THE LIBERTY TOWNSHIP BOARD OF TRUSTEES, DELAWARE COUNTY, OHIO, to approve the attached Intergovernmental Cooperation Agreement for Shared Services – Automotive Mechanic and further to authorize the Township Administrator to sign this agreement and any necessary attendant documents.







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Authorize expenditure for Zoning Department vehicle replacement

WHEREAS, the Zoning Department has a 2007 Dodge Durango which is in disrepair, unreliable and in need of replacement, and

WHEREAS, the 2020 Zoning Department budget has been approved and funds are available topurchase a replacement vehicle.

NOW, THEREFORE BE IT RESOLVED, BY THE LIBERTY TOWNSHIP BOARD OFTRUSTEES, DELAWARE COUNTY, OHIO, that:

Section 1. The Board hereby declares that a necessity exists to purchase one new vehicle for use by the Liberty Township Zoning Department.

Section 2. The Board hereby declares that the make and model of the vehicle being purchased is one 2020 Dodge Ram 1500 Quad Cab 4x4 as detailed on the attached specifications, at a cost not to exceed $28,000.00.

Section 3. The Board hereby declares that the purchase shall be in accordance with the Program, pursuant to the contract and terms and conditions set forth in State of Ohio, Department of Administrative Services, Contract number RS901720.

Section 4. The Board hereby approves an expenditure of funds not to exceed $_______________ payable to_____________________________________.







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GDC093 - CONTRACT RS901720 - ITEM# 17AT - RAM 1500 QUAD CAB 4WD (DS6L41)QUOTE TO: DELIVER VEHICLE TO: DATE : 02/28/2020LIBERTY TWP OF DELAWARE COUNTY P.O. # :10104 BREWSTER LANE, SUITE 125 FED TAX ID :POWELL, OHIO 43065 COUNTY:

SALESPERSON DEAL NUMBER(S) FAN # :BRITTNEY HIRBY STOCK # :

PLEASE CHECK ITEMS AND QUANTITIES NECESSARY FOR QUOTE OR ORDERCHECK HERE

QTY ITEM DESCRIPTION UNIT PRICE LINE TOTAL

X 1 370202020 RAM 1500 QUAD CAB 4X4 (140 IN WB 6FT 4 IN BOX) 3.6L V6 24V VVT ENGINE, 8-SPD AUTO 845RE TRANS $24,358.00 $24,358.00

X 1 37322ADDITIONAL SET OF KEYS WITH FOB ENABLING ELECTRONIC KEYLESS ENTRY $175.00 $175.00

37324 SEAT BELT EXTENDER (1 UNIT) $38.00 $0.00

X 1STANDARD

COLORS (PW7) BRIGHT WHITE, (PR4) FLAME RED

(INDICATE COLOR)

PR4N/C

OPTIONAL COLORS $188.00

(PSC) BILLET SILVER, (PAU) GRANITE CRYSTAL, (PAR) MAXIMUM STEEL, (PUW) RV MATCH WALNUT BROWN

(INDICATE COLOR)

$0.00OPTIONAL

COLORS $94.00

(PRV) DELMONICO RED, (PXJ) DIAMOND BLACK, (PPX) PATRIOT BLUE, (PBJ) HYDRO BLUE

(INDICATE COLOR)

$0.00EZH 5.7L V8 HEMI MDS VVT ENGINE W/ 8-SPD AUTO 8HP70 TRANS $1,830.00 $0.00

37615 CLOTH 40/20/40 BENCH SEAT - BLACK/DIESEL GRAY $296.00 $0.00X 1 GFA REAR WINDOW DEFROSTER $182.00 $182.00X 1 CS7 TRI-FOLD TONNEAU COVER $558.00 $558.00

AED CHROME APPEARANCE GROUP, INLCUDES CHROME STEPS $1,345.00 $0.00X 1 AJB REMOTE START AND SECURITY ALARM GROUP $370.00 $370.00X 1 37360 TRAILER TOW MIRRORS $169.00 $169.00

37613 TRAILER BRAKE CONTROLLER $276.00 $0.00X 1 37359 ALL TERRAIN TIRES $235.00 $235.00X 1 37607 BACK UP ALARM $225.00 $225.00X 1 37614 UCONNECT 3.0 $182.00 $182.00X 1 37570 PARKSENSE REAR PARK ASSIST SYSTEM $235.00 $235.00

37335 DELIVERY - $0.60 PER MILE, ROUND TRIP - $180.00 MINIMUM $180.00 $0.00X 1 TEMP 45 - DAY TEMPORARY TAG $18.50 $18.50

TRADE-INS ARE GLADLY ACCEPTED - CALL FOR APPRAISAL FORM & TRADE PHOTO DETAILS

THIS SIGNED QUOTE SHALL BECOME A CONTRACT BETWEEN SHERRY CHRYSLER JEEP DODGE RAM, INC. AND CUSTOMER, AUTHORIZING SHERRY CHRYSLER JEEP DODGE RAM,

INC. TO ORDER & PROVIDE SATISFACTORY DELIVERY OF THE ABOVE VEHICLE(S)

RAM 1500 QUAD CAB 4WD $26,707.50DELIVERY FEE $0.00TOTAL DELIVERED $26,707.50

QUOTE ACCEPTED BY: DATE: PO # :

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Authorize expenditure for fiber purchase and installation – Station 322

WHEREAS, Liberty Township has contracted with Delaware County for IT services, and

WHEREAS, in order to proceed with the County and in order to ensure effective connectivity between Township offices and Stations 321 and 322, it is necessary to install fiber line, and

WHEREAS, once the line is installed, Delaware County will be able to proceed with providing the Township IT services and the County will be responsible for the lines’ maintenance.

NOW, THEREFORE BE IT RESOLVED, THAT THE LIBERTY TOWNSHIP BOARD OF TRUSTEES, DELAWARE COUNTY, OHIO, authorizes an expenditure not to exceed $110,000.00 for the installation of fiber line for connectivity between Liberty Township Fire Department Stations 321 and 322.







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Authorizing the purchase of equipment for the Parks and Road Services Department

WHEREAS, the Park Department has John Deere Hustler mowers purchased as part of a warranty program and that are now due for trade-in for replacement equipment with new warranties, and

WHEREAS, staff has found that this program is most cost effective due to the heavy daily use of these mowers and operational efficiency of maintaining newer equipment with warranties, which save on repairs, maintenance costs and downtime caused by older equipment.

NOW, THEREFORE BE IT RESOLVED, BY THE LIBERTY TOWNSHIP BOARD OF TRUSTEES, DELAWARE COUNTY, OHIO, to approve the equipment trade-ins of the following Park Department equipment:

Two (2) Hustler Super 104 $34,000.00

And, further to approve an expenditure of Park Department funds for the purchase of two (2) mowers as detailed on the attached quotes and as listed below:

Two (2) Hustler Super 104 $45,124.00

The total amount payable shall be $11,323.99 ($45,124.00 for the purchase less trade-ins of $34,000.00) payable to Ag-Pro, 1660 US Route 42 NE, London, OH 43140.


Vote: ________ Mrs. Eichhorn _________ Mr. Gemperline ________Mrs. Leneghan


____________ _________________________________Date Melanie Leneghan, Trustee

_________________________________CERTIFIED BY: Mike Gemperline, Trustee

_________________________ _________________________________Nancy Denutte, Fiscal Officer Shyra Eichhorn, Trustee

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Liberty Township, Delaware County Rules of Order Page 1 of 8

Liberty Township Board of Trustees

Rules of Order Adopted March, 2020

The Liberty Township Board of Trustees conducts meetings based on all state and federal laws

and will be guided by Robert’s Rules. This allows the Board to transact business while giving due

regard to each Board Members’ opinion and arriving at the general-will in a minimum amount of

time on items for consideration under varying conditions ranging from total harmony of the Board

to impassioned division of opinion.

Liberty Township Board of Trustees meeting rules of order acknowledge the importance that:

All members have equal rights

Minority rights must be protected

Full and free discussion is an essential right

Using the simplest and most direct procedure is fair and effective

Only one question may be considered at a time

Logical precedence governs order of discussion

The Open Meetings Act applies to members of a public body when they are taking official action,

conducting deliberations, or discussing the public’s business. A meeting is a prearranged

gathering of with the all or at least 2 of 3 members of the Board for the purpose of discussing

public business. A Board member must be present in person at the meeting in order to vote;

electronic or telephone conferencing is not allowed.

Meetings must be held in a venue open to the public and will normally be held at the Liberty

Township meeting hall located at 7761 N. Liberty Rd. Work retreats may be held anywhere, if the

public is adequately notified.

TYPES OF MEETINGS:

Regular Meetings are those that are held at prescheduled intervals. Notice of meetings must be

consistent and actually reach the public and the media if requested. All regular scheduled

meetings are listed on the Liberty Township website.

Special Meetings are convened to discuss and vote on one or a limited number of specific issues

and deemed time sensitive. The Township must provide at least 24-hours advance notification to

all media outlets that have requested such notification. If the special meeting is held to discuss a

particular issue, the public body may only discuss those specified issues at the meeting. If the

special meeting is a rescheduled regular meeting, the meeting’s purpose may be for general

purposes.

An Emergency Meeting is a special meeting that convenes when a situation requires immediate

official action. If the Board calls an emergency meeting, it must immediately notify all of the media

outlets that have specifically requested such notice. The notice must include the time, place, and

purpose of the emergency meeting.

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Work retreats and workshops are still classified as meetings if the majority of the Board is present,

the meeting is at a prearranged time, and the Board discusses public business. In the case of one

of these work retreats/ workshops, the Board must open them to the public, properly notify the

public, and maintain meeting minutes.

MEETING STRUCTURE & POLICIES:

Quorum

Two Trustees shall constitute a quorum for the transaction of business. If during the course of a

meeting, the departure of a Trustee results in less than a quorum, the meeting will be adjourned.

Presiding Officer:

The Board Chair shall preside at all Board meetings. In absence of the Board Chair, the Vice

Chair shall preside.

Attendance:

Board members are expected to attend all Board meetings. Board members who will be unable

to attend a scheduled meeting shall inform the Township Administrator of their anticipated

absence.

Participation

Participation in Board discussion during meetings shall be limited to Board members until specific

participation is directly requested by Board members or under public comment.

Use of Electronic Devices

Each Board member is issued a laptop loaded with meeting software and expected to bring to

each meeting. However personal cell phone usage is discouraged and not appropriate. Board

members are expected to devote their full attention to the discussion of Board business, and

communications to others outside the public deliberations of the Board are highly discouraged. If

Board members need to communicate with anyone using electronic devices during a Board

meeting, they are expected to conduct those communications away from the Board table.

Agenda Preparation

The Trustees, the Fiscal Officer or his or her designee, and the Township Administrator shall

prepare an agenda for each regular or special meeting. The deadline for submitting items for a

regular Board agenda is 12:00 noon on the Thursday preceding a regular meeting. A specific

exception to the Resolution submittal will be allowed with the approval of the Township

Administrator for purposes of dealing with litigation.

Agenda Distribution

Final meeting agenda and related background material will be submitted to Board members,

media and available for public review as soon as practicable and in accordance with Liberty

Township Resolution 20-0102-10: Adopting policy of Board of Trustees Meeting Notice.

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Agenda Material

Written materials concerning agenda items, in lieu of or as a supplement to oral presentations are

encouraged and should be submitted prior to the Board meeting for circulation with meeting

agenda.

Opening of the Meeting

Sessions of the Board of Trustees will be opened by the Chair. If the Chair is absent, then

responsibility will shift to the Vice Chair.

The Board Secretary will take Roll Call by calling first and last name in random order.

The Chair approves/adopts the agenda as presented at the meeting. Changes to the agenda

may be brought forward by motion by any Trustee and require a vote of the Board. If, as the

meeting progresses, the Chair is not following the order of the approved agenda, a Trustee without

being recognized by the Chair may “Call for Orders of the Day”. At this time, the Chair will return

to appropriate order of business on the approved/adopted agenda.

Business of the Meeting

No item shall go for discussion without a motion being on the floor. Only one item shall be

discussed/considered at a time.

Making a Motion

A Motion is a formal proposal that proposes specific action and is brought before the Board by a

Trustee stating: “I move or motion that or to…”. Another Trustee seconds the motion by stating:

“I second the motion.” The Chair opens discussion on the motion. A second on the motion is

necessary in order for the item to be discussed or considered.

If there is no second, the motion shall “die for lack of a second”.

The Board may be asked to motion on an item in order to address or consider a specific

item. If no motion is made, the item “dies for lack of a motion.”

When an item “dies”, it is no longer up for consideration by the Board of Trustees, either

at the current meeting or at a meeting in future, unless a new motion is brought forth.

Consideration/Discussion of the Motion

Trustees may debate the motion. Before speaking, members are recognized by the Chair. The

maker of the motion has first right to the floor, if so desired. Each board member shall be given

equal time to speak. Discussion must be confined to the merits of the motion.

Listen to the other side.

Focus on issues, not personalities.

Avoid questioning motives.

Be polite.

Debate or discussion may also be limited to specific length of time by motion of a Trustee, and

the subsequent seconded of the motion and vote.

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A Trustee who believes discussion has gone on too long, may make a motion to “move the

previous question”. This motion asks that the discussion stop and a vote taken. This motion, as

with any other motion, requires a second and a vote.

If the noise in the meeting is so great that a Trustee is having difficulty hearing, without recognition

by the Chair, the Trustee may ask the Chair to bring the meeting to order before continuing.

If a Trustee wants to take a break, after recognition by the Chair, a motion to “recess” for a specific

length of time may be made.

The Chair closes discussion by majority of the Board or if no one seeks the floor for further

discussion. After close of discussion, the Chair puts the motion to a vote by requesting the Board

Secretary to take vote by roll call. Roll Call is taken, and votes are properly recorded. Trustees

abstaining from vote, will reply “abstain” when their name is read. The Board Secretary

announces the result of the vote by stating either “the motion passes” or “the motion fails”.

Making an Amendment

If a Trustees wishes to change the wording of a motion, or the wording in a resolution which has

been motioned on, an amendment on the motion is made. The Trustee shall state that they

motion/move to amend the motion/resolution by adding/striking/changing the language and shall

read the language as they wish to have it amended.

The Motion to Amend a Motion requires a second and the above rules of order apply. Each

motion is addressed individually, and each amendment must be voted on before returning to the

consideration/vote of the original motion.

Tabling an Amendment

If a Trustee wishes to have more time to consider the motion/resolution under consideration, a

motion to table may be made. This motion, as with any motion, must receive a second and must

be considered/discussed and voted upon before moving forward. A motion may be made to table

to a definite date and time. If this is done, the motion/resolution which has been tabled will appear

on the next appropriate agenda. A motion/resolution may also be tabled indefinitely. This motion

must also receive a second, be open for debate/discussion and be voted on.

Withdrawing a Motion

If a Trustee makes a motion and, after discussion, wishes to withdraw, the Trustee asks the Chair

for permission to withdraw the motion. No vote or second is needed on this request. The

withdrawn motion is no longer up for consideration.

Public Comment at a Regular Meeting

Persons addressing the Board, shall sign in and complete a “Request to Address the Board” form, which shall be submitted to the Board Secretary, Fiscal Officer or a Board Member prior to being invited to speak. The Chair may call the person to address the Board, and at this time the person has the floor to speak. Each person wishing to address the Board will be limited to 3 minutes. The Chair, at their discretion, may not allow Speakers to address the Board with repeating statements or sentiments of prior speakers. If, due to time constraints or exigent circumstances, the amount of time for public participation at a regular or special meeting is not sufficient to

36


accommodate all of the persons who wish to address the Board at its meeting, the Board may request that persons who are unable speak submit correspondence to the Board. The Board shall permit citizen participation for items not specifically addressed on the agenda

immediately following the review of minutes. The Board shall permit citizen participation for items

on the agenda immediately after presentation of the item by staff but prior to Board discussion

regarding the item.

No person in the audience, or any Township representative, shall engage in disorderly or boisterous conduct, including interruptions of the Trustees or other speakers, the utterance of loud, threatening or abusive language or other acts which disturb, disrupt or otherwise impede the orderly conduct of any Board meeting. The rules of decorum must be followed. Members in attendance not recognized by the Board as a speaker shall remain quiet and orderly until so recognized. The Delaware County Sheriff’s Office may be present and asked to restore order, if necessary. Those who are disruptive or disorderly may be asked to leave, be escorted from the meeting, or charged with “disorderly conduct”.

Public Comment at a Special Meeting

Citizen participation shall be held immediately prior to Board discussion. Persons shall be

permitted to address the Board only concerning the purpose for which the special meeting was

called. The basic rules for conducting this period shall be the same as for the participation periods

at a regular meeting.

Public Comment at an Emergency Meeting

No citizen participation shall be held, unless allowance is voted on by the majority of the board.

If citizen participation is allowed, citizens shall be permitted to address the Board only concerning

the purpose for which the emergency meeting was called. The basic rules for conducting this

period shall be the same as for the participation periods at a regular meeting.

Recusal vs. Abstention - Conflicts of Interest

A Township Trustee is precluded from voting on an issue if there is a conflict of interest. A conflict

of interest arises when the decision the Trustee is participating in affects the Trustee’s own

financial interest of those of his family or business associates.

A Trustee may recuse themselves from an issue. By recusing oneself, the Trustee is not

permitted to participate in the debate and/or consideration of the matter.

A Trustee may abstain or withhold their vote on an issue. An abstention does not preclude the

Trustee from participating in its consideration (speaking in debate, moving to amend the motion,

etc.). The abstaining member, through their silence, may accurately be said to have “acquiesced

in” or “consented to” any resolution reached by the body, as long as the number of members

voting was at least a majority of the quorum.

If the Trustee is unsure of whether there is a conflict of interest, he should contact the Ohio Ethics

Commission at (614) 466-7090 and request an advisory opinion. If the advisory opinion is not

possible before a vote, the Trustee should recuse himself from any deliberation and vote.

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Executive Session

There are seven permissible discussion topics in an executive session, per ORC 121.22(G):

1) Matters related to public employees, officials, licensees, or regulated individuals. This

includes matters of appointment, employment, dismissal, discipline, promotion, demotion,

or compensation of a public employee, official, licensee, or regulated individual. The Board

will also hold an executive session to consider an investigation of charges or complaints

against those individuals, so long as the individual does not request the hearing to be

public. This exception does not apply to disciplinary or performance-related matters

concerning public officials. To hold an executive session under this exception, the motion

and vote to hold the executive session must clearly state which of the approved purposes

will be discussed, but the name of the person to be discussed does not have to be

disclosed;

2) Purchase or sale of property by the public body;

3) Conferences with an attorney for the public body;

4) Matters related to employee bargaining negotiations;

5) Matters that must be kept confidential according to federal or state law;

6) Details of security arrangements;

7) Trade secrets of county hospitals, joint township hospitals, and municipal hospitals.

Invitees

Executive sessions are an exception to the openness requirement, and the Board may, in its

discretion, include or exclude any member of the public in the executive session. Only Trustees,

special invitees, and such employees or staff members that the Board deems appropriate are

allowed to be present for executive sessions. All others are excluded from the meeting. Minutes

are not required to be kept during executive sessions, but the minutes of the meeting must

document a motion to go into executive session as well as the return to open sessions.

Proper Procedures

The Board may only hold an executive session at a regular or special meeting. The meeting must

always begin and end in an open session. To begin the executive session, there must be a proper

motion approved by a majority of the Board using a roll call vote.

The motion for the executive session must specifically identify the permissible discussion topic

which will be discussed in the executive session. It is not enough for the motion to specify one of

the seven categories, or to state all seven categories, but must specify the exact topic to be

discussed. The motion to go into executive session must be seconded and followed by a roll call

vote by a majority of the Trustees. The vote may not occur by acclamation or by show of hands.

The Board may not vote or take any official action in an executive session; all votes must take

place in an open meeting. Any formal action that takes place in an executive session is invalid. If

the Board decides to take no action regarding a pending matter, the determination should be

made and voted upon in the open session upon returning from the executive session.

Once an executive session has concluded, a Trustee will make a motion to come out of executive

session. This motion will be seconded and followed by a roll call vote. Both the motion to go into

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the executive session and the motion to come out of an executive session should be recorded in

the minutes.

Confidentiality Policy

It is generally accepted and expected that all information discussed in executive session is

confidential and should not be disclosed. To the extent that this expectation is not universally

held, and to make obvious and clear to all persons participating in executive session, including,

but not limited, all township officers, township employees, and members of the public, all

discussions, statements, information, and content occurring in the executive session are

designated and declared confidential and shall not be revealed, disclosed, recorded, (written

notes or electronically by any means), or discussed with anyone under any circumstance, except

with prior express permission of a majority of the Board of Trustees. Any employee who breaks

the confidentiality policy of the executive session without express approval will be subject to

progressive discipline, unless disclosure is otherwise allowed by state or federal law. If an elected

official breach this confidentiality, he/she may be censured by the Board and the county

prosecutor will be notified. The only exception is If a Trustee is unable to attend an executive

session, the Administrator is to recap the executive session discussion with the Trustee upon

request – but the Trustee shall keep that information confidential.

Work Sessions and or Work Retreats

Work sessions provide the Board with the opportunity to meet with Township employees in order

to delve into complex issues, discuss solutions and alternatives, give directions to employees, or

to create or finalize agendas.

Public Involvement

Work sessions are subject to the Open Meetings Policy and therefore have to be open to the

public. However, the public has no right to participate in work sessions. Members of the public

will sit in the audience, not at the table with the Trustees, and will have no right to debate or state

opinions at the work sessions. The public are only silent observers of the proceedings.

Rules of parliamentary procedure

The presiding officer shall provide for the orderly transaction of business at Board meetings. The

current edition of Robert's Rules of Order governs the procedure of Board meetings, provided it

is not in conflict with these Rules of the Board of Trustees, the Resolutions of Liberty Township,

the laws of Ohio, or the laws of the United States.

Amendment to the rules

These rules may be altered or amended by the vote of two or more Board members.

Suspension of the rules

These rules may be suspended for a specified portion of a meeting by a majority of the Board

members present at that meeting.

Conflict

If any of these Board rules conflict with the provisions of the United States Constitution, the Ohio

Constitution, and the Ohio Revised Code, the provisions of the United States Constitution, the

Ohio Constitution, the Ohio Revised Code shall control.

39


Procedure Chart

To: You say: Interrupt speaker:

Second Needed:

Debatable: Amendable: Vote Needed:

Adjourn “I move that we adjourn”

No Yes No No Majority

Recess “I move that we recess for…”

No Yes No Yes Majority

Complain about noise in the room

“Point of Privilege”

Yes No No No Chair Decides

Suspend further consideration of something

“I move that we table”


End Debate “I move the previous question”


Amend a motion “I move that this motion be amended by…”

No Yes Yes Yes Majority

Introduce Business (a primary motion)

“I move that…”

No Yes Yes Yes Majority

The manner in which most measure are completed:

1. Read subject

2. Motion

3. Second

4. Discussion/debate

5. Vote

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WHEREAS, the Park Department has John Deere Hustler mowers purchased as part of a warranty program and that are now due for trade-in for replacement equipment with new warranties, and



Two (2) Hustler Super Z $17,000.00

And, further to approve an expenditure of Park Department funds for the purchase of three (3) mowers as detailed on the attached quotes and as listed below:

Three (3) John Deere Z960 ZTrak $32,102.19

The total amount payable shall be $15,102.19 ($32,102.19 for the purchase less trade-ins of $17,000.00) payable to John Deere, 1660 US Route 42 NE, London, OH 43140.







41




WHEREAS, the Road Services Department has John Deere Hustler mowers purchased as part of a warranty program and that are now due for trade-in for replacement equipment with new warranties, and



Two (2) Hustler Super Z $16,000.00

And, further to approve an expenditure of Road Services Department funds for the purchase of two (2) mowers as detailed on the attached quotes and as listed below:

Two (2) John Deere Z960M ZTrak $20,981.61

The total amount payable shall be $4,981.61 ($20,981.61 for the purchase less trade-ins of $16,000.00) payable to John Deere, 1660 US Route 42 NE, London, OH 43140.







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