The Miami Township Board of Trustees met in regular session at 8:00 PM on Tuesday, December 07, 1999. The meeting took place at the Miami Township Civic building. Chairperson Joseph W. Uecker called the meeting to order. The Pledge of Allegiance was given. Miami Township Clerk, Eric C. Ferry called the role. Attending were Joseph W. Uecker, Jean Schmidt and Edwin H. Humphrey. Mrs. Schmidt made a motion to approve the November 16th Board of Trustee meeting minutes. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Ferry read a notice from the Director, U.S. Census Bureau. The Bureau is conducting the 2000 BAS survey to update information about the legal boundaries, names, governmental status, and types of minor civil divisions in the United States.
Mr. Ferry read Resolution 9199-99 adopted by the Clermont County Board of Commissioners authorizing the sale of unneeded or obsolescent materials no longer needed by the engineer's department. Bids on any items must be submitted in a sealed envelope by 4:30 PM on December 17,1999.
Mr. Ferry read a letter directed to Fire and EMS Chief Jim Whitworth. The letter was from Barb and Judy at the Miami Elementary School thanking the department for participating in the Career Education Program in Columbus, Ohio on November 18th.
Mr. Ferry read a notice of funding available for the OKI Urban Area Transportation Enhancement Program for 1999-2000.
Miami Township Administrator, David Duckworth advised the Board that review of the four bids received into record at the last meeting for a mobile lift system has resulted in a recommendation to accept bid number three from Interstate Lift and Equipment Company. The total bid was $21,995.00. Mr. Duckworth requested authorization to sign a contract for this purchase on behalf of the Board. Mr. Humphrey made a motion to accept bid number three for a mobile lift system from Interstate Lift and Equipment Company in the amount of $21,995.00 and authorize Mr. Duckworth to enter into a contract to purchase the equipment. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth reported his findings and recommendation regarding entering into an ALS contract to provide service to Terrace Park EMS. Chief Whitworth reviewed the anticipated number of runs, the ability of providing the service and the need. He assured the Board, the department could take on this service without negatively impacting service to Miami Township. The Board agreed to the established rate of $490.00 per run for non-resident billing and requested the contract be prepared by the next regular Board meeting.
Chairperson Uecker opened the Public Hearing for the proposed street lighting district for Section 5 of Mitchell Farm. Mr. Ferry read the legal notice. Mr. Duckworth presented the application. There were no questions from the Trustees. There were no adjacent property owners for statements. There were no communications relative to the case. There were no other comments. Mrs. Schmidt made a motion to close the public portion of the hearing. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE." Mr. Humphrey made a motion to approve the application and set a bid date of January 18, 2000 at 8:00 PM. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Chairperson Uecker opened the Public Hearing on the proposed street lighting district for Weber Oaks, Phase 3. Mr. Ferry read the legal notice. Mr. Duckworth presented the application. There were no questions from the Trustee. There were no adjacent property owner's statements. There were no communications relative to the case. There were no other comments. Mrs. Schmidt made a motion to close the public portion of the hearing. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE." Mrs. Schmidt made a motion to adopt RESOLUTION 99-48 providing for the procurement of a street lighting system, dispensing with the second reading and declaring an emergency. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
BID OPENINGS Ibold Road Bank Stabilization Project West Side Paving $ 114,724.76 J.T. Lohrer Construction $ 116,253.93 Advanced Contractors $ 210,457.75 Trend Construction $ 141,739.78 Langenheim & Thompson $ 99,886.64 DDK Construction $ 112,616.54 Barrett Paving $ 115,205.43 Fred Nieman $ 107,919.28 Mr. Humphrey made a motion to accept the bids into the record and turn them over to the service director for review and recommendation. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Station Vehicle Exhaust System Plymovent $ 73,200.00 Clean Air Systems, Inc. $ 77,940.00 Mr. Humphrey made a motion to accept the bids into the record and turn them over to the Fire Chief for review and recommendation. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mrs. Schmidt made a motion to adopt RESOLUTION 99-47 approving the purchase of fire equipment from the city of Milford, dispensing with the second reading and declaring an emergency. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
"At this time, after I (Joseph W. Uecker) make comment on the report that was returned to us, I'll ask the other Trustees if they'd like to make comments as well. However, at this time I'd like to say that I've read, re-read and studied the report and would like to make the following comments; On April 22nd, 24 officers of our department signed a letter stating that they had lost confidence in the Chief of Police as a result of allegations of dishonesty, intentional deception and lack of confidence and creating a hostile work environment. In addition, they stated that conditions had deteriorated to the point that there could be no reconciliation to any acceptable level. This Township expended a sizable sum of tax dollars to hire a professional investigative firm at the union's request to investigate the allegations. A highly detailed and in depth unbiased private investigative firm reported to us that the allegations of dishonesty and lack of integrity are not substantiated. It also states that the allegations that Chief Bailey lacks leadership skills is not supported by the investigative findings. The investigators called Chief Bailey a visionary. As a professional public manager myself and former police officer, I'm embarrassed that the investigators findings stated that micro management appears rampant in the Miami Township Police Department. It was their finding that there were no catalyst that brought forth about the presentation of the letter at this time of the investigation other than for possible transfers that were made by the Chief in April. It is this final statement that I first begin to see a more nefarious motive behind the actions of the police union. 20 of the 24 officers who signed the letter, admitted to the investigators that they knew of no incidents of dishonesty or deception on the part of the Chief. Several stated that he had always acted in a professional manner. Most stated that they only signed the letter as a show of unity with the FOP. Only 5 officers mentioned evidence of dishonesty on the part of the Chief. One who wrote the letter, two who were upset that the Chief told them they were number one on the hiring list when they may have been number two. The fourth said the Chief promised he would receive college tuition in the first year, but did not get it. The fifth said the Chief promised him special assignment money adjustment, but did not get it. In both instances, the Chief tried to make good on his word, but as insane as it sounds, the FOP objected. So here we have cases where the Chief tried to get something for his personnel, was stonewalled by the union, who turned around and condemned him for not doing it. During the investigative process, union members complained of a hostile working environment, yet the only evidence of such was actually exhibited by members of the police union against those officers who did not sign the letter against the Chief. Many of the officers who signed the letter were hired by Chief Bailey and many were given opportunities of special assignments to better their careers. Instead of being thankful for the opportunity, officers choose instead to blindly follow their union representatives into a tragic career following folly. To Chief Bailey, I am most sorry for your having to have gone through this embarrassment, as I was the one who first recruited you to apply. I can also say that I, for one, am pleased with the programs that you have initiated for the community. I think this has been evident by seeing what you have done for myself and by compliments from other members of the community. I continue to give you my full support and I will be looking for your input and recommendations as to a healing process to implement as soon as possible. Thank you." "I (Jean Schmidt) concur with everything you've said. I'd also like to add the following. I want this community to understand that RIC conducted a through, comprehensive and unbiased study regarding the issues addressed in the letter of no confidence. It was unbiased. It was through. They did their best job. At no time, did any elected or appointed official of Miami Township attempt to influence the outcome of their investigation. They did their job. RIC concurred in the Township Administrator's initial investigation, which found that there was no merit to this complaint. This investigation has cost this Township in terms of money, lost productivity and emotional strain. Over the past several months, we have heard about the emotional strain the officers and families have endured. At no time was the emotional strain endured by the Chief and his family, his wife, his son, his daughter mentioned or considered by the public. As documented by the RIC investigation, there was no reason for anyone to endure the turmoil over the past several months. Only the officers know why they were motivated to attack the Chief. Attack a Chief, that most of them consider to be honest. Hopefully this investigation resolves their concerns. My own opinion is that the Chief did nothing wrong. This investigation confirms that. I'd like to add personally something about the character of the Chief throughout this process. The Chief is a member of Clermont Northwest Rotary. It was the Chief that brought it to our rotary to have an officer, an officer who signed the letter of no confidence against him, to be considered for a very prestigious honor and position to be part of an international study program paid for by Rotary International. Never before has our rotary had somebody been given this opportunity. The Chief not only recommended it, but he fought for Todd Peters to have that opportunity and he was awarded that opportunity recently. This spring he will be going to South Korea to study police management there. Paid for by rotary. The Chief didn't have to do that. But he saw the merits of Officer Peters, even though Officer Peters signed the letter of no confidence against him. Chief Bailey rose above that fact and provided the pathway for Officer Peters to have the opportunity of a lifetime. Folks, that's leadership and that's what we have in Miami Township. We need to end the turmoil and let the healing begin now. But before it can begin, the officers must accept responsibility for their actions and at the very least they need to apologize to the Chief. Thank you." "I (Edwin H. Humphrey) have to apologize in starting this because I don't read well. I tend to talk extemporaneously a lot better than I read, but I thought this was so important that I needed to write it down. The report from RCIC indicates that charges brought in the letter of no confidence were unfounded. RIC was asked to do the investigation based on their experience in investigations of this type. They've been successful in the past cases of putting together a case of foul play when it existed with the Cincinnati Police Chief several years ago. They were not given any expectations of outcomes, but asked to do a through investigation. I believe they did that. As a result, I'm satisfied with their findings. It's clear that the officers don't like the Chief and his management style. We need to get to a healing process so that those officers who want to continue with the department and contribute to Miami Township community can do their jobs effectively with Chief Bailey as their Chief. I have watched in the past several meetings as officers, wives of officers and others hurled accusations and innuendo at the Chief. He couldn't respond since he was the subject of the investigation. I put myself in his shoes and frankly I don't know how he was able to persevere. It appalls me that we have officers that believe that they have the right to bring such charges. It's clear in the Township policy, that they don't have that right. In the business world, if you don't like your boss and his management style, you have some choices. Either you cooperate and do your best toward the goals of the organization or you find another job. In the private industry, if you wrote a letter of no confidence you'd be looking for another job. In the public sector, apparently our employees feel they have additional rights. I believe that the Trustees found an outstanding chief. The community feels they have an outstanding chief. We must go on from here. Citizens of the Township deserve an outstanding police department. We need, as a Township, to provide an outstanding police department for our citizens. Thanks Chief." Mrs. Schmidt " I'd like to stand corrected on something. Mr. Duckworth reminded me that Officer Peters was not allowed to sign the letter of no confidence because he was on probation. That still does not in any way take away from the fact that the Chief was able to recognize, during all of this, good work and allow an officer to have an opportunity under such turmoil when he could have just said the heck with it, who needs this."
Mr. Humphrey made a motion to pay the bills of the Township including 248 checks numbered 71268 to 71516 for a total amount of $722,976.12 plus payroll and payroll taxes for November 19th and December 03, 1999 in the amount of $354,729.75. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth announced to the Board the following resignations from the Fire/EMS Department, Allen Carrier, George Nunner, Mike Hooven, Paul and Karen Lehn. All resignations are effective December 7, 1999. Mrs. Schmidt made a motion to accept the resignations. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth presented the Board with a request to offer probationary employment to Bradford Weesner as a FF/MEDIC. Mrs. Schmidt made a motion to offer probationary employment to Bradford Weesner for the position of FF/MEDIC effective December 7, 1999 at a rate of $9.50 per hour. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth recommended the Board approve the promotion of Lee Hines from volunteer to part time FF/EMT. Mrs. Schmidt made a motion to approve the promotion of Lee Hines to part time FF/EMT effective December 7, 1999 at an hourly rate of $8.15. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth requested the Board withdraw conditional offer of employment to Brock Murphy and Ed Von Lehmden. Mr. Humphrey made a motion to withdraw conditional offers of employment to Brock Murphy and Ed Von Lehmden. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth advised the Board that full time FF2/EMTP Keith Armstrong has accepted a position with the Cincinnati Fire Department. He is requesting a change of employment status to part time effective 1/1/2000. Mrs. Schmidt made a motion to approve the change of employment status of Keith Armstrong from full time to part time at the hourly rate of $10.24 effective January 01, 2000. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth presented the board with the following Out of Township Travel Requests, Chief Jim Whitworth and Captain Brian Gulat wish to attend a Seminar, Mastering Performance Management, Subdivision and Leadership, January 5-7, 2000 in Columbus, Ohio. Estimated cost: $880.00. Mrs. Schmidt made a motion to approve the request. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Captain Rita Burroughs wishes to attend a seminar titled Introduction to Fire Origin and Cause, January 24 & 25, 2000 in Columbus, Ohio. Anticipated costs: $368.00. Mr. Humphrey made a motion to approve the request. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mr. TJ Siberski and Mr. Joe Johnson, members of the Zoning Commission seek authorization to attend the 10th annual Planning and Zoning Workshop on January 28, 2000 in Blue Ash, Ohio. Cost is $50.00 each for a total of $100.00. Mrs. Schmidt made a motion to approve the request. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth requested authorization to send the Board of Trustees, Clerk and Administrator to the Ohio Township Association Winter Conference in Columbus, Ohio, February 2-5,2000. Estimated cost is $4,000.00. Mr. Humphrey made a motion to authorize the request. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mrs. Schmidt made a motion to adopt RESOLUTION 99-49 requesting advance of taxes collected. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Walter Fischer, Service Director presented the Board with Change Order #7 for the Lemming House project in the amount of $818.95. Mrs. Schmidt made a motion to approve Change Order #7 on the Lemming House Project in the amount of $818.95. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mrs. Schmidt made a motion to hold a Public Hearing of Zoning Cases #447 and #448 for 7:00PM on December 21, 1999. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Ferry requested approval of the payment of the 2000 dues for Clermont County Township Association of $5.00 each, Ohio Township Association , $35.00 each and SWOTA memberships for the Board, Clerk and Administrator. Mrs. Schmidt made a motion to approve payment of the dues for membership in SWOTA and the Clermont County Township Association for the Board, Clerk and Administrator. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Police Chief R. Steven Bailey responded to a comment made during a previous meeting of the Board regarding the statistics used in reports made by Chief Bailey in a local paper. Chief Bailey advised the Board and audience that he uses Enforcement Statistics (UCR figures).
Randy Thompson of 6461 Branch Hill Miamiville Road asked if there has been any movement on the establishment of a noise control ordinance. Mr. Fronk responded progress is being made and estimated it should be ready to present to the Board within the next couple of months.
TJ Siberski of 6220 Shadowhill Way apologized to Chief Bailey regarding comments at a previous meeting.
There were no other public comments.
Mr. Humphrey made a motion to go into Executive Session to discuss a personnel matter pursuant to ORC 121.22(G)(1), to discuss the purchase of property pursuant to ORC 121(G)(2) and to discuss pending litigation pursuant to ORC 121.22(G)(3). Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mr. Humphrey made a motion to come out of Executive Session. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
With no other business to come before the Board, Chairperson Uecker adjourned the meeting at 10:25 PM.
ATTEST ____________________________________________________________________ Eric C. Ferry, Clerk
____________________________________________________________________ Joseph W. Uecker, Chairperson