The Miami Township Board of Trustees met in regular session on Tuesday, September 01, 1998 at 8:00 PM at the Miami Township Civic Building. Chairperson Edwin H. Humphrey called the meeting to order. The Pledge of Allegiance was given. Miami Township Clerk, Eric C. Ferry called the roll. Attending were; Edwin H. Humphrey, Joseph W. Uecker and Jean Schmidt. Chairperson Humphrey called for approval of the August 18, 1998 board meeting minutes. Mr. Uecker made a motion to approve the minutes. Mrs. Schmidt stated she has requested a correction to those minutes and has not received a copy showing the corrections. Mr. Uecker withdrew the motion to approve.
Mr. Ferry read a notice from the office of the Clermont County Engineer announcing all arrangements for the sixth annual Snow Plow Roadeo have been finalized. The event will be held on Thursday, September 17, 1998 starting at 9:00 AM at the old Jeff Wyler Pontiac/Buick dealership in Batavia, Ohio. Mr. Walter Fischer, Miami Township Service Director will assist.
Mr. Ferry read a notice from the office of the Clermont County Engineer advising the National Association of Counties (NAC.O is sponsoring a satellite broadcast from Washington, DC on TEA-21, the New Transportation Law, and its complications for all counties. The broadcast will be September 23, 1998, 1:00 PM to 3:00 PM at Clermont College, Batavia, Ohio.
Mr. Ferry read a letter from Clermont County Auditor, Linda L. Fraley with the 1999 budget as approved by the Clermont County Budget Commission, the official certificate of estimated resources and advised the acceptance of rates resolution needs to be approved and returned prior to October 1, 1998.
Mr. Ferry read a letter from the MTSC Mustangs soccer team thanking the Trustees for the hard work put forth to allow them to host their "Dog Days" Tournament at Miami Woods Park.
Mr. Walter Fischer, presented the Board with an update on Linda Way Dr.. " Last week I met with Mr. Gilligan and Mr. Baker in their backyards that border the park entry road. We discussed the alternatives that were available to them. Either planting additional trees and brush along there or fence. Where we left off was that Mr. Baker and Mr. Gilligan were going to poll the residents that live as our neighbors and see what they all wanted. And tonight they have brought a petition to you." Mr. Michael E. Gilligan of 5741 Linda Way Drive addressed the Board. " I put this petition together, it’s not really a petition but it’s a consensus of the neighborhood hopefully. And it says, I attended the Miami Township meeting and address my concerns about the traffic in and out of the new park and the need for a barrier/screen between the park drive and the properties along Linda Way. The Board requested that the residents affected by the new park decide on the type of barrier/screen preferred by the majority of the homeowners. After discussing the alternatives with Walt Fischer, the Township Service Director and Bill Backer, the property owner next door to me, I propose that an eight foot fence is erected between the park property and the nine lots effected. Mr. Fischer has assured me that the township will not remove any of the mature trees, other than is necessary to install the fence as close to the property line as possible. And we talked about that because a lot of the trees are right on the property line and he said they would put the fence right behind the trees. One other addition to this, Bob Slade is the tenth lot owner and I talked to Mr. Fischer and we’re hoping that, because people are cuttin’ through his lot, that they would extend that one more lot, another hundred feet for him. And I’ve gotten out of everybody on the street, one home owner did not want the fence. And he has the two lots, Mr. Goldsberry. He’s the only one who said he would not sign the petition and one home owner is out of town but after talking to his neighbors and that he would go with what the majority wanted. So I have this signed petition. And the other thing that Mr. Fischer talked to us that zoning for fences was only six foot and that we would have to get approval from you to put an eight foot fence up. And six foot won’t do it. So, if we can’t get the eight foot fence we’ll have to go back to square one, I guess and do something else. And we talked about, for the record, a box type fence, slat fence made out of cedar and also I have informed the homeowners that if they want an entrance and exit gate that they would have to put the cost, I want to try to get a cost for that." Mr. Fischer: " The arrangement we made at the other park if the residents wanted access to the park, they had to pay for their own gate." Mrs. Schmidt: "Sir, did you ask a Realtor about the possibility of the value of your property with a fence?" Mr. Gilligan: " No, I didn’t."
Mr. Gilligan: "We talked about that among the homeowners and we feel like the trees are not going to suffice because of the fact, and even Mr. Fischer agreed with us, and Sandy Schott which started a lot of this, she signed the petition also. Once the leaves fall of the trees we’re going to have no screening at all." Mrs. Schmidt: " I’d like to caution you because I did have a Realtor go back there and a fence might be a determent to the sale of the property so just before we do this I want to make sure you all understand that when you go to sell your home if that becomes an issue that it’s too late. I want to do what’s best for you." Mr. Gilligan: "We think the things that are happening later on, the additional fields and parking lots across the road from our properties is going to more of a determent to look at than that fence is once we plant some foliage and stuff on the fence. I don’t want the fence; but, the only other alternative is just to watch the cars and see a parking lot in our back yards basically in the fall time. This is soccer season and the leaves are off the trees now." Mrs. Schmidt: "For the record, you understand that," Mr. Gilligan: "I do and I don’t think there’s any opposition." Mrs. Schmidt: "The fence may or may not affect your property value." Mr. Bill Barker of 5739 Lindaway Drive: "I’d like to say that I really don’t care about it. My property value is what I deem it to be right now and with the flow of traffic that’s going through here, I’m six foot tall. The street is two and a half foot higher than what I am. The sound, the people looking at my wife, myself at 8:30 on Sunday morning during Dog Days was very disruptive after 11 years of living in this community. I’d like to say that I don’t want the fence either, but it’s the only alternative to me. Soccer season’s in the fall and the spring . Leaf trees as Mr. Duckworth or I’m sorry, Mr. Fischer said, the trees are going to be awfully prime time. My property value is important to me while I’m living there." Mrs. Schmidt: " That’s all we want is to make sure that you’re happy." Mr. Fischer: " I can come up with some quotes, some prices for this for the Board for the next meeting." Mr. Uecker: " Do you have a ballpark?" Mr. Fischer: " We were talking about this the last time, I believe it was around $30,000.00 to go to the street. This isn’t that far, but we still have the house at the entrance that we still have to address." Mrs. Schmidt: " She wanted a hedge, did she not?" Mr. Fischer: She preferred a hedge, but you can spend as much money on hedges as you would for fence. I haven’t worked with that family,yet." Mr. Humphrey: " As a consensus, I think we agree with an eight foot fence so we can get a bids and find out from the homeowners who wants an access gate and how much a gate costs." The Trustees requested spec documents be ready to go out for bid by the next regular meeting. Someone in the audience asked about the sewer project for Linda Way. Mr. Fischer stated the EPA has stopped the process again. The design is complete and has been sent to the EPA in Dayton. The next step is the public hearings and bidding process. They have approved the course and direction. The County feels they should be able to go to bid this winter and have a spring to early summer project. They will be gravity sewers out in front of our property. There will be an assessment on this project. Mr. Gilligan noted the security gate to the park doesn’t seem to be closed at all. Mr. Fischer stated he would get word to the Police department. Mr. Gilligan asked what the progress was on the speed humps at the park entrance. Mr. Fischer stated the engineer is working on them.
Mr. Duckworth advised the Board he has not received information from the Clermont County Engineer regarding the Branch Hill-Guinea Pike/Cook/Weber Road traffic control problem.
BID OPENINGS 8:15 PM
Klondyke Road Project
Barrett Paving $ 115,640.00
Trend Construction 96,000.00
C J & L Construction 80,000.00
Wm. Light Paving 63,490.00
Mr. Uecker made a motion to accept the bids into the records and turn them over to the Service Director for analysis and recommendation. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Salt Truck Body
Kaffenbarger $ 30,800.00
Dump Body Option 1,500.00
Mr. Uecker made a motion to accept the bid into the record and turn it over to the Service Director for analysis and recommendation. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth advised the Board that on July 27, 1998 he sent a letter to the owner of the derelict building at 659 Brooklyn Avenue stating it was unsafe and needed to be removed. The 30 days allowed by law for a response has expired. Mr. Duckworth recommended demolition of the building . There are two options open for recovery of cost. One is to file a lien with the Auditor’s office or commence a civil action against the owner. He estimated the cost of demolition to be no more than $5,000.00. Mrs. Schmidt made a motion to authorize Mr. Duckworth to proceed with the demolition of the building at 659 Brooklyn Avenue and recover the cost through filing a lien with the Clermont County Auditor’s office. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
BID OPENING 8:30PM
Turn Out Gear Replacement
Morning Pride Manufacturing $ 12,743.00 coats (20)
8,826.00 pants (20)
Phoenix 11,700.00 coats (20)
8,280.00 pants (20)
Mr. Uecker made a motion to accept the bids into the record and turn them over to the Fire Chief for analysis and recommendation. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Lighting District Public Hearing for Hunter’s Valley-Cottontail Drive is September 15, 1998.
Zoning Case #431 is continued to September 15, 1998.
A Public meeting will be held September 24, 1998 at 6:30 PM at the Boyd E. Smith school,
sponsored by the Clermont County Water & Sewer District
The Fall "Free Garage Sale Week-end" is October 2, 3 and 4, 1998.
The Township Auction is October 3, 1998 beginning at 9:00 AM
The Fall Clean Up will be held October 11 and 12, 1998 7:30 AM to 4:30 PM
Halloween Trick or Treat will be held October 31, 1998 6:00 PM to 8:00 PM.
Mrs. Schmidt made a motion to pay the bills of the Township including 117 checks numbered from 67232 to 67348 for a total amount of $268,780.67 plus the August 28, 1998 payroll in the amount of $139,033.77. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth presented the Board with a request from Fire/EMS Chief James Whitworth for a new photo copier for the Fire and EMS Department. This is a 1998 budgeted item. The cost is $7,500.00.
Mrs. Schmidt made a motion to approve the purchase of a photo copier for $7,500.00 for the Miami Township Fire and EMS Department. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth advised the Board an updated version of the Clermont County Emergency Operations Plan has been received and is located on the bookshelf in the Administrative Conference Room.
Miami Township Planning and Zoning Director, Larry Fronk requested authorization to advertise for Zoning Commission and Board of Appeals members. The Board honored the request.
Mrs. Schmidt made a motion to remove Miami Township Police Officer John Swing from probationary employment status effective August 31, 1998. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mrs. Schmidt made a motion to remove Miami Township Police Officer Keith Bullock from probationary employment status effective September 01, 1998. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mrs. Schmidt made a motion to remove Miami Township Police Officer Bobby Rose from probationary employment status effective September 02, 1998. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth presented petitions for the establishment of three separate street lighting districts: (1) Mitchell Farms- Section 2; (2) Woods at Miami Trails - Sections 5 & 6 (3) Woods at Miami Trails - Section 7. Mrs. Schmidt made a motion to hold a public hearing for each of the 3 proposed lighting districts on October 6, 1998 during the regularly scheduled Trustee meeting at 8:00 PM. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth advised the Board he received a request from Meijer’s General Manager to use the Township’s meeting room for an employee training session on October 14th and 15th, 1998. There are approximately 140 employees they wish to train. They would use the room for two hour long sessions each day ( one early morning and one early evening). The Board authorized Mr. Duckworth to allow Meijer to use the room as requested.
Mr. Duckworth advised the Board that he and Mr. Fischer have met with a representative from Pepsi Cola regarding Park Sponsorship. In exchange for a donation from Pepsi (sufficient to pay for the second floor of the concession facility at Miami Meadows Park) they would have exclusive right for their product to be sold at all Township park facilities for a period of 10 years. It is anticipated that Coca Cola will also submit a proposal.
Mr. Uecker made a motion to authorize a change order to allow construction of the second floor of the Miami Meadows Park concession/restroom project. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mrs. Schmidt reported: "I went to the March for Cancer rally at the Shrine Oasis and it was very well done. I commend the people that put it together for an excellent job. One problem, the Enquirer needs to realize that it is not in the city of Loveland. It is in Miami Township. Twice in their article they talked about it. I was impressed with the participants and the level of questions and answers ."
Mr. Duckworth advised the Board he has receive a letter from ODOT outlining their time frame for the widening of State Route 28. According to ODOT, construction will start in the year 2002.
There were no additional public comments.
Mr. Uecker made a motion to go into Executive Session, after a short recess, to discuss pending litigation pursuant to ORC 121.22 (G)(3). Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mrs. Schmidt made a motion to come out of Executive Session. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mrs. Schmidt made a motion to authorize Miami Township Attorney, John Korfhagen to settle on the Local Government Fund and Local Government Revenue Assistance Fund issue providing conditions are met. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
With no other business to come before the Board, Chairperson Humphrey adjourned the meeting at 10:25 PM.
ATTEST:______________________________________________________________________
Eric C. Ferry, Clerk
Edwin H. Humphrey, Chairperson