The Miami Township Board of Trustees met in regular session on Tuesday, May 19, 1998 at 8:30 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.
Mr. Uecker made a motion to approve the April 22, 1998 and May 05, 1998 Board of Trustee meeting minutes as presented. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Pathways of Miami Township
Mr. Nelson Smith representing Pathways of Miami Township, a group of citizens that feel the development of a network of pathways for non vehicular transportation should be a priority for Miami Township, presented a proposal to the Board. The group proposes to prepare a plan and recommend strategies for Miami Township in order to link residential subdivisions to schools, parks, libraries, and businesses through the use of pedestrian and bike paths. Mr. Smith outlined the groups goals and objectives. The group requested the support of the Trustees. Mr. David Duckworth, Miami Township Administrator advised the Board that he and Mr. Larry Fronk, Planning and Zoning Director of the Township are both actively participating in this committee. The Board expressed their support and encouragement for the plan.
Ms. Tracey Robbins and Mike Jackson of the Milford Youth Basketball Group presented plans to develop a building to house soccer, basketball and volleyball. The association, along with the support from Keybank has the funds to put two basketball courts under roof. Ms. Robbins stated she was on a fact finding mission. The group is looking for a location on which to build the sports arena and would like for it to be in the park. The Board voiced their approval and support of the project. Mr. Duckworth suggested a meeting next week with Ms. Robbins, Mr. Jackson, the architect, and Walt Fischer, Miami Township Service Director to view the property and determine if it would work.
Mr. Larry Fronk presented the Planning and Zoning report of activity for April. He noted the draft land plan for the SR 131 Corridor study is complete and will be presented at a public meeting of property owners within the corridor on May 28th.
Miami Township Fire and EMS Chief, Jim Whitworth presented the April activity report. He noted that injured FF/EMTP, Lynn Hausman will be able to return to work much earlier than previously thought. (September) She will be back to full active duty in mid May. The Fire/EMS Association sponsored a one day seminar at the Oasis on April 5th with 100 people from area departments attending.
The Police Department report was presented. Mr. Uecker noted there is a June 2nd DARE graduation. Mr. Uecker made a motion to change the start time of the June 2nd Board meeting to 8:30PM, to enable the Board members to attend the DARE graduation. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mr. Walt Fischer presented the Service Department activity report for April. He noted the department had received fire extinguisher training. Spring Clean Up weekend was successful. All baseball fields are now open.
Mr. Ferry read a notice to legislative authority from the Ohio Division of Liquor Control regarding issuance of a C1 C2 permit to Quick ES Drive Thru at 1741 SR 131. There were no objections.
Mr. Ferry read a notice from the Clermont County Department of Community Planning and Development regarding Miami Township Zoning Case # 434. The Planning Commission Staff will review the case and make its recommendations on May 26, 1998 at 5:00 PM.
Mr. Ferry read notices from the Clermont County Department of Community Planning and Development regarding Deerhaven Subdivision, Section 6, Block A and The Preserve at Webers Run. Formal review will take place on May 26th at 5:00 PM.
Mr. Ferry opened bids received for a Monitor/Defibrillator/Pacer/Pulse Oximeter. One (1) bid was received from Physio Control. Total bid, $14,400.00. Mr. Uecker made a motion to accept the bid and submit the packet to Chief Whitworth for review. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mr. Ferry opened bids received for Playground Equipment for the Miami Meadows Park. One (1) bid was received from David Williams and Associates. Total bid, $83,946.00. Mrs. Schmidt made a motion to accept the bid and submit the packet to Service Director Walter Fischer for review. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Larry Fronk reviewed the International Property Maintenance Code and recommended if the Trustees wish to adopt this code, they adopt the entire code then once adopted, amend the code to delete Chapters 4-8 and amend Chapter 1 to meet the administrative requirements of the Township and County. The Board decided to further review the code until the next Board meeting.
Chairperson Humphrey opened the Public Hearing on the Deerhaven Street Lighting District. There were no objections. Mrs. Schmidt made a motion to adopt RESOLUTION 98-13 providing for the procurement of a street lighting system for Deerhaven. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Chairperson Humphrey reminded the Board, a Public Hearing on Zoning Case # 431 will continue on June 16th at 7:30 PM.
Mr. Uecker made a motion to pay the bills of the Township including 103 checks numbered from 66476 to 66597 for a total amount of $125,092.51 plus the May 8, 1998 payroll and payroll taxes in the amount of $131,277.76. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mr. Ferry presented the Board with the consolidated April Financial Reports.
Mr. Duckworth reported to the Board the estimate to repair the exterior problems at the Lemming House is estimated at $75,000.00. This estimate is consistent with the estimate received last year. The Board approved proceeding with the renovation and design of the existing facility. Mrs. Schmidt made a motion to authorize Mr. Duckworth to start the process to review consultants for architectural/engineering services. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth advised the Board he has received a petition for the establishment of a street lighting district for the Summerfield Subdivision. The petition is signed by 75% of the lot owners. Mrs. Schmidt made a motion to hold a Public Hearing at 8:30 PM on June 16th, 1998 on the establishment of a street lighting district for the Summerfield Subdivision. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth advised the Board he received a call from the Milford Chamber of Commerce asking who will be attending the Frontier Day Parade on June 4, 1998. All Board members and the Clerk will be attending.
Mr. Duckworth reminded the Board the official Oasis Golf Club opening will be held June 2, 1998. He suggested the Board proclaim June 2nd "Arnold Palmer Day" in Miami Township. Mr. Uecker made a motion to adopt RESOLUTION 98-14 recognizing Arnold Palmer for his service, commitment and dedication to the Shrine Organization and proclaim June 2, 1998 as "Arnold Palmer Day" in Miami Township. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth requested authority to apply for a grant through the Community Development Block Grant Program to improve the Branch-Hill Bridge Street area. Mr. Uecker made a motion to adopt RESOLUTION 98-10 authorizing the Board of Trustees to apply for a grant through the C.D.B.C.C. program. Mrs. Schmidt seconded the motion.
Mrs. Schmidt reported on the Economic Development Meeting. " Good news, bad news. Good news John, you were right. Bad news John, you were right. As you know I belong to the Chamber's Economic Development Committee which meets monthly. And this month, to my surprise, Frost and Jacob's came to the meeting of almost 50 people, to talk about zoning and its future in Ohio. In talking about zoning and its future in Ohio, they were very jubilant that both the State Legislature and the Supreme Court has opened the doors for increased litigation that is winnable. The case that they really highlighted, I am passing copies of the report to you, was the Goldberg Construction Companies, Inc. vs Richmond Heights City Council case. John talked to us at length about this several months ago. This is the case where there was a parking lot request in Richmond Heights and Goldberg took it to court and they won the decision. The problem with the winning of the decision is that no longer does a land owner have to meet the two prong test to win in court. They no longer have to say, number one, it is unreasonable zoning and number two, I can't make any money off of it. They only have to prove one of two. Second and an equally nervy issue with this case is that there are now fees that can be assessed back to the community regarding any potential economic loss. The sovereign immunity that we have been protected by has been thrown out the window. There were several questions that were asked by the audience to Frost and Jacob's regarding this. One was by a developer that asked if he was in current litigation would this apply to him. The answer was yes. The other was by a developer, which was twice denied in this community, asked "what about issues I have been denied." Frost and Jacob's said probably he can't get a reversal on those issues, but their attitude was to go ahead and re-apply and have the trustee's deny it and then go ahead and sue. The second thing in your packet deals with farm land preservation. That is not something I was concerned about. The third case that I was concerned about was the Clinton County case they talk about in the packet. The Clinton County case has to do with a stone quarry in a township that is not zoned. The farmers in the community were fearful that the stone quarry would interfere with their water table. They have very rich farm land because they had a very high water table, so they asked Frost and Jacob's for help. At first, Frost and Jacob's felt they couldn't help them because there was no zoning, but they found a little quirk in the law that said if there is a comprehensive land use plan somewhere out there and you had a mining issue that maybe that comprehensive plan could be utilized. They found out that even though the township didn't have zoning, the county did have a comprehensive land use plan and in that plan it said there shall be nothing to interfere with the quality of farming and so they were able to use that as their test. The problems that I found with this case are twofold. Number one is that in their settlement with this, there were some difficulty by the legal body to determine which land use, a County or Township land use plan, prevailed. The second thing that disturbed me was the Clermont County's comprehensive plan is dated 1974. They don't even have Eastgate Mall in their comprehensive plan. So if we are going to be further sued in this township and we have clever attorneys out there, my concern is will they be able to utilize the comprehensive plan over our current zoning for their benefit? I don't know. I'm not asking you to determine that tonight for us, John. I'm just bringing this to everybody's attention because I was very, very unnerved by this. John warned us of this a few months ago and I did put bugs in many people's ears throughout the State begging them to ask the Supreme Court to please reconsider this decision and it fell on deaf ears and now very clever attorneys have also found out about this and unfortunately are telling developers."
Marvin Hudson of 5969 Pinto Place came forth to remind the Board that on the 20th of June, St. Vincent De Paul will hold the 6th Annual Run for the Poor 5K race on the Township streets. Mr. Hudson asked if there were any questions or safety concerns from the safety committee. There were no safety concerns.
There were no other public comments.
Mrs. Schmidt made a motion to go into Executive Session to discuss a Personnel Matter pursuant to ORC 121.22(G)(1). Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Uecker made a motion to go into Executive Session to discuss Pending Litigation pursuant to ORC 121.22 (G)(3). Mr. Humphrey seconded the motion. Upon roll call, Mr. Uecker voted "AYE", Mr. Humphrey voted "AYE" and Jean Schmidt abstained.
Mr. Humphrey made a motion to come out of Executive Session. Mr. Uecker seconded the motion. Upon roll call, Mr. Humphrey and Mr. Uecker voted "AYE." Jean Schmidt did not participate in the second Executive Session ( pending litigation).
Mr. Humphrey made a motion that upon the advice of counsel and land use experts recognizing that the current litigation climate with respect to land use issues and zoning favors developers over local government regulation and to avoid potential for damages in excess of the insurance liability coverage on the township and finding that the revised plan of 189 single family residences with open space of 58 acres which is the responsibility of the homeowners association out of the potential 106 acres is consistent with and advances the goals and policies previously adopted by the board and citizens advisory committee and requirements of the residential PUD regulations. I move to accept a consent decree negotiated on our behalf by counsel and to authorize the Township Administrator, and other necessary township officers, to execute the consent decree.
Mr. Uecker would like the record to reflect we have been in executive session for two hours discussing and painfully pondering and although I will continue to object to the density proposed originally and before me now I cannot risk the potential liability that will be imposed upon each and every homeowner in the township and will reluctantly second the motion.
Upon roll call, Mr. Humphrey voted "AYE." Mr. Uecker voted "AYE."
With no other business to come before the Board, Chairperson Humphrey adjourned the meeting at 11:30 PM.
ATTEST ___________________________________________________________________
Eric C. Ferry, Clerk
____________________________________________________________________
Edwin H. Humphrey, Chairperson