The Miami Township Board of Trustees met in regular session on Tuesday, November 10, 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. Eric C. Ferry, Clerk of Miami Township, called the roll. Attending were Edwin H. Humphrey, Joseph W. Uecker and Jean Schmidt.
Mr. Uecker made a motion to approve the October 20, 1998 and October 30, 1998 Board of Trustee meeting minutes. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Chairperson Humphrey announced a special presentation from the Miami Township Soccer Association. Mr. Ken Chinchar, Tournament Director of the Dog Days of Summer Soccer Tournament, thanked the Board for their support and presented the Board with a donation in the amount of $2,000.00 for the park.
Chairperson Humphrey announced the swearing-in of Fire/EMS Lieutenants. Miami Township Fire/EMS Chief, James Whitworth presented and swore-in new Lieutenants Barry Mesley and Steve Monterosso.
PUBLIC HEARING - CASE 435
Chairperson Humphrey opened the Public Hearing on Zoning Case #435 - Accessory Building Coverage. Mr. Ferry read the legal notice, planning staff report (approval recommended) and the Rural Zoning Commission decision (approval recommended). Miami Township Planning and Zoning Director, Larry Fronk presented the request to limit the coverage of accessory buildings in the rear yard to 30 percent of the rear yard area. There were no questions from the Trustees. There was no communication relative to the case. Mrs. Schmidt made a motion to close the public portion of case 435. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE." Mrs. Schmidt made a motion to grant the Rural Zoning Board’s request to include the 30 percent language in the text relative to accessory buildings. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Chairperson Humphrey opened the Public Hearing on Zoning Case #436- Setback Requirement on Major Highways. Mr. Ferry read the legal notice, planning staff report (approval recommended) and the Rural Zoning Commission’s decision (approval recommended). Mr. Fronk presented the request to change the setback requirement on all highways in Miami Township to 110 feet. He noted the wording of this request changed from all major highways to all highways which creates problems for many existing business areas in the Township as well as potential legal problems. He stated this was not the original goal of the request. Mr. Fronk recommended the Board deny the request and allow the staff to seek alternative means to achieve the intended goal. There were no communications relative to the case. There were no public comments. Mr. Uecker made a motion to close the public portion of case #436. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE." Mrs. Schmidt made a motion to deny case #436. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Ferry read a notice from the Ohio Division of Liquor Control regarding the transfer of a liquor permit to Equilon Enterprises LLC at 1279 SR 28 from Petro Staff Services,Inc. of 1279 SR 28. There were no objections and no hearing requested.
Mr. Ferry read a letter from the Department of Community Planning and Development advising that on October 27, 1998 the Commission reviewed the design and formal plan submitted for Bridgehaven. The plan was approved upon satisfactory resolution of the following conditions; Remove "at Woodcreek" from all pages, call out all water and sanitary sewer easements (30’), provide additional water loop from Meadow Creek Drive to Cinema Drive (approximately 300’) and 8" wet tap/8" valve/box at road location to be named.
Mr. Ferry read a letter from the Department of Community Planning and Development advising the Planning Commission approved the formal plan for Forest Knoll Section IV-C contingent upon resolution of the following issues; satisfactory documentation of adequate maintenance responsibility for the storm water detention pond be provided. The water loop to Deerhaven Section A-6 shall be completed. Submittal and approval by the Clermont County Sewer District of plans and documents approved by OEPA for water and sewer and submittal and approval by the Clermont County Engineer of revised plans and details to accomplish the emergency access to the Preserve at Weber’s Run Subdivision, including the pedestrian access included in the Township Zoning approval for the Weber’s Run PUD.
Mr. Ferry read a notice from the Clermont County Engineer advising the Annual Township Report should be dated and returned on or before January 15, 1999.
Mr. Ferry read a notice from the Clermont County Engineer advising the price for salt this year will be $28.00 per ton and will be available for pick up November 6, 1998.
Mr. Ferry read a notice from the Clermont County Engineer announcing the 1998 Township Road Inventory Schedule for certification. Miami Township is scheduled for January 18, 1999 at 9:00 AM. Two Trustees must be present to sign the certification. Mrs. Schmidt made a motion to hold a special meeting on January 18, 1999 at 9:00 at the Clermont County Engineer’s office for the purpose of certification of the 1998 Township road inventory schedule. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Ferry read a letter from Rev. Jane L. Wittmann, Director of the Pregnancy Center of Clermont
Rev. Wittmann praised the assistance of Miami Township Police Officer Keith Benhase on October 27, 1998.
Mr. Ferry read a letter from Kimberly Stafford to Miami Township Police Chief, R. Steven Bailey regarding the Citizens Police Academy and Officer Bob Rose. Ms. Stafford praised the department’s dedication to educating the citizens of the township, with special commendation for the presentations of Lt. Poe and Sgt. Fatute and Office Bob Rose.
Mr. Ferry read a letter from Becky Jauch of BSA Troop 888 announcing that William Cirone will receive his Eagle rank at an Eagle Court of Honor on December 6, 1998. Mr. Uecker stated he has written a letter of recognition for the Board to sign.
Mr. Fronk presented his recommendation that sidewalks be installed at the Spirit of America Bank. Mr. Michael Bernard has expressed concerns relating to the sidewalk as he feels there is no space on the Wolfpen Pleasant Hill Road side and a landscape berm will have to be removed along Allen Drive. Mr. Humphrey agreed there were hardships to installing the sidewalks, but felt they remain important to the safety of residents. Miami Township Attorney, John Korfhagen reminded the Board that they were very clear in the need for sidewalks when they approved the plans and changing now could set a precedent. The Board advised Mr. Fronk to notify Mr. Bernard that the sidewalks must be installed.
Chairperson Humphrey reminded the Board, there is a special meeting November 11, 1998 at 7:900 PM for the purpose of interviewing Information Systems Manager candidates.
Chairperson Humphrey reminded the Board the next regular Trustee meeting has been set for November 24, 1998 at 8:00 PM.
Mrs. Schmidt made a motion to pay the bills of the Township, including 100 checks numbered from 67762 to 67862 for a total amount of $203,723.06 plus the October 23rd and November 06th payrolls and payroll taxes in the amount of $282,420.24. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Fire and EMS Chief, Jim Whitworth advised the Board that he was a presenter at the FLSA and EMS seminar today. He was approached by the Ohio Fire Chief’s Association to repeat the seminar in Mansfield, Ohio the first week of April, 1999.
Miami Township Administrator, David Duckworth presented the Board with a revised contract with John Korfhagen for legal services covering the remainder of 1998 and all of 1999 at a rate of $100.00. He noted the last rate increase was in 1996. Mr. Duckworth recommended the Board approve the revised contract. Mrs. Schmidt made a motion to adopt RESOLUTION 98-36 hiring counsel pursuant to Ohio Revised Code Section 309.09 Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth requested the Board approve the job description for Recreation Coordinator and authorize beginning of the hiring process. Mr. Uecker made a motion to approve the job description for Recreation Coordinator and authorize Mr. Duckworth to establish a time schedule for accepting applications and beginning of the hiring process. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth advised the Board that full-time FF/Medic Terry Robbins has submitted a letter indicating her retirement from Miami Township. Mr. Duckworth stated she does not have the necessary number of years of service to retire under the pension plan and recommended accepting her resignation. Mrs. Schmidt made a motion to accept Terry Robbins resignation. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth advised the Board he has received a recommendation from Police Chief Bailey to offer conditional employment to Charles T. Peters, a candidate for the position of probationary Police Officer through the lateral entry program. Mrs. Schmidt made a motion to offer conditional employment to Charles T. Peters as a probationary police officer. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth requested authorization to start the process to hire a full-time mechanic for the Service Department. Mrs. Schmidt made a motion to authorize Mr. Duckworth to start the process to hire a full-time mechanic for the Service Department. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mrs. Schmidt made a motion to approve the revised draft of the Fire/EMS Department Lateral Entry Policy. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth advised the Board that Chief Whitworth has submitted a request to transfer FF/EMTP Michael Holloway and FF/EMTP Michael Cooper from probation to regular employment status effective immediately. Mrs. Schmidt made a motion to transfer FF/EMTP Michael Holloway and FF/EMTP Michael Cooper from probation to regular employment status immediately. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth requested the Board set a date to interview candidates for the Rural Zoning Commission and Zoning Board of Appeals. Mrs. Schmidt advised the Board that one of the names on the list of candidates did not submit their application until November 2, 1998 (deadline was October 30, 1998) and since someone had contacted her this day to see if they could still submit an application and she told that individual, "we were not accepting any more applications." "I think, in fairness, that the late applicant should be removed from the list as well, because we have to be consistent." The Board agreed. Mrs. Schmidt made a motion to hold a Special Meeting on December 1st from 5:30 to 8:00 PM and December 2, 1998 from 6:00 PM to 9:00PM for the purpose of interviewing Zoning Commission and Board of Appeals candidates and any other business that may come before the Board. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Uecker made a motion to hold a Special Meeting at 7:30PM on December 3, 1998 for a Public Hearing of Zoning Case # 437 - Hawthorne Meadows-R-PUD overlay and any other business that may come before the Board. Mr. Humphrey seconded the motion. Upon roll call, Mr. Uecker and Mr. Humphrey voted "AYE." Mrs. Schmidt abstained.
Mrs. Schmidt made a motion to hold a Public Hearing of Zoning Case #438-review process-"B" residence conditional use at 8:00 PM on December 1, 1998 during the regularly scheduled Board meeting. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Chairperson Humphrey reminded the Board the Citizen’s Police Academy Graduation will be held on November 17, 1998 at 6:30 PM at the Community Policing Complex.
Mrs. Schmidt made a motion to approve out-of-township travel and pay expenses for the trustees, clerk and administrator to attend the Ohio Township Association’s winter conference in Columbus, January 27 to the 30th, 1999. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth reminded the Board that Spirit of America is holding their grand opening ceremony November 11th at 6:00 PM.
Mr. Duckworth advised the Board that he had the honor of attending the graduation of Police
Chief Bailey with the 119th class of the Northwestern University Traffic Institute School of Police Staff and Command in Columbus. This is a very intensive 10 week program and Chief Bailey is one of only 4200 law enforcement personnel to graduate from this program.
There were no public comments.
Mr. Uecker made a motion to go into Executive Session to discuss personnel matters pursuant to the Ohio Revised Code 121.22(G)(I). 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."
With no other business to come before the Board, Chairperson Humphrey adjourned the meeting at 10:15 PM.
ATTEST: ________________________________________________________________________
Eric C. Ferry, Clerk
__________________________________________________________________________
Edwin H. Humphrey, Chairperson