The Miami Township Board of Trustees met in regular session on Tuesday, September 28, 1999 at 8:00 PM 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 minutes from the September 8th meeting and special meeting of September 24th. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE." Chairperson Uecker introduced special guest, Scot Greenwald. He is a Boy Scout from Indian Hill Troop 502 and he's working on his citizenship in the community badge.
Mr. Terry Stransky of the Miami Township Parks and Recreation Advisory Committee presented the Board with the results of the recent survey conducted by the committee. The results of the survey are consistent with the informal in-park surveys conducted by committee members subsequent to the written survey.
Chairperson Uecker introduced another special guest, J.J. Pierce of Boy Scout Troop #244. Mr. Pierce is also working on his citizenship in the community badge.
Fire and EMS Chief, Jim Whitworth reviewed his department's report for August. He noted the department completed the University of Maryland's Rescue Technician course. They also conducted a live burn training in a house on Long Lane. Chairperson Humphrey noted the new inspections are up over last year at 490 for the month.
Chris Snow, Information Services Manager, presented a review of his activities during the month.
Parks and Recreation Director, Kristine Mick reviewed the park activities during the month and the planned activities for October.
Planning and Zoning Director, Larry Fronk presented the August report. He remarked the joint effort of the Fire inspectors and Zoning inspectors has resulted in proper occupancy permits in several Miami Township businesses. He also noted that Miami Township has been tentatively awarded a 402 Grant for the access study on State Route 28. The grant is in the amount of $30,000.00 and will cover all the costs for the study..
Police Chief, R. Steven Bailey reviewed the Police activity report for August. He noted that the department had the featured speakers at the "Back to School Luncheon" at Live Oaks. Lt. Poe spoke on the School Resource Officer program. He also stated that offenses in 1999 are down 25 percent overall.
Walter Fischer, Service Department Director reviewed his report on the Service Department. The road mowing crew completed a second pass around the Township. He noted the "Dog Days" soccer tournament was a success.
Mr. Ferry read a notice from the Ohio Task Force on Fire and Emergency Response Training announcing they will hold regional meetings in five locations on October 6, 1999. Edwin H. Humphrey is the Statewide Township representative of this task force.
Mr. Ferry read a letter to Jean Schmidt from the Clermont County Board of Commissioners. They sent a copy of the Greater Cincinnati Metro Region Resource Book entitled "preparing for the New Millennium" and asked for any questions or insight after reviewing the book.
Mr. Ferry read a notice from the Clermont County Engineer's office advising the 1999 Miami Township Road Inventory certification is scheduled for January 10, 2000 at 9:00 AM.
Mr. Ferry read a letter from the Clermont County Engineer to Mr. Michael D. Early of 5879 Elm Street regarding the Elm Street/ Mulberry storm water concerns. They are willing to meet with Mr. Early, the community, building department and Miami Township to try to facilitate a solution.
Mr. Ferry read a letter from Sandy Rehfeldt of the Adams-Clermont Joint Solid Waste Management District regarding leaf collection and/or composting activity planned within the Township.
Mr. Ferry read an announcement that an eight (8) hour course in Debris Management - FEMA Course-G202 will be held November 9th, 8AM to 4:30 PM at the Clermont County EMA Emergency Operations Center.
Mr. Ferry read a letter from Management Plus Realty Service regarding blacktop repairs and overlayment in the village of Woodcreek condominiums on Meadowcreek Drive.
Mr. Ferry read a memo from Larry Fronk. The Ohio Department of Transportation will hold a public involvement meeting on the State Route 28 widening project on Wednesday, October 13, 1999 beginning at 4:30 PM at the Live Oaks Career Center.
Mr. Ferry read a thank you letter from Chief Whitworth to Mr. Steve Robbins, President of the Miamiville Emergency Services Support. M.E.S.S. provided each employee of Miami Township Fire and EMS with nylon webbing.
Mr. Ferry read a letter from Miami Township Administrator, David Duckworth to Shelly Higgins, Chairperson T.R.I.F.O.L.D.S. He demanded an apology for trying to impugn his character and a retraction of false statements printed in the fall 1999 T.R.I.F.O.L.D.S. newsletter.
Mr. Ferry read a letter from Mr. Larry Fronk, Miami Township Planning and Zoning Director to Shelly Higgins, Chairperson T.R.I.F.O.L.D.S. Mr. Fronk demanded a retraction and a written and verbal apology for smearing his character in the fall 1999 T.R.I.F.O.L.D.S. newsletter.
Mr. Ferry read a letter addressed to Assistant Fire & EMS Chief, Dan Mack from Anthony T. Kramer, RN,BSN,NREMT-P Clinical Coordiantor at the Center for Prehospital Education, University of Cincinnati. Mr. Kramer extended thanks to Assistant Chief Mack and the staff for the use of the department as a filed site.
Mr. Ferry read a letter from Walt Fischer to Gary Whalen of Whalen Incorporated advising him a design change request for the Lemming House project has been denied.
Bid Opening- Old Tanglewood Street Lighting District 1 bid received Cinergy Corp 10- 9,500 lumen HPS gas replica streetlights on black Aluminum poles.
Total Annual Cost: $3,675.60 Upfront Costs: $ 518.22 (tunneling 2 driveways)
Mrs. Schmidt made a motion to adopt RESOLUTION 99-38 providing for a procurement of a street lighting system for Tanglewood, Section 1 and authorizing the Cinergy Corp be authorized and directed to install and maintain the street lighting system. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Richard Tessendorf representing the firm hired by the Trustees to investigate charges against a public employee presented a progress report. To date 120 hours of personal interviews have been conducted and 90 hours of tape reviews of the interviews. 38 interviews have been conducted. There are still a dozen interviews to be completed before starting to put the final report together. He stated he was hopeful the report could be complete in six weeks.
Mrs. Schmidt made a motion to adopt RESOLUTION 99-36 adopting "The BOCA National Property Maintenance Code, Fifth Edition, 1996" with amendments pertaining to the repair and continued maintenance of structures and the premises of such structures. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mrs. Schmidt made a motion to adopt RESOLUTION 99-37 establishing the minimum qualifications for the person responsible for administering and enforcing the Miami Township, Clermont County, Ohio Property Maintenance Code. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Chairperson Uecker opened the floor to comments from the public regarding establishing a limited home rule government in Miami Township. There were no comments.
Jean Schmidt made a motion to adopt RESOLUTION 99-39 establishing a limited home rule government for Miami Township as authorized by chapter 504 of the Ohio Revised Code. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
REMINDERS; Township wide FREE Yard Sale Weekend, October8, 9 and 10, 1999 Fall Clean Up, October 15and 16, 1999 Trick or Treat, October 31, 1999 6:00 PM to 8:00 PM Litter Clean Up of State Route 28, October 23, 1999. It begins at Miami Township Elementary at 8:30 AM. Volunteers welcome. Annual Daffodil Planting will be held October 9th at 8:00 AM at Wards Corner Road at I-275 interchange.
Mrs. Schmidt made a motion to pay the bills of the Township including 187 checks numbered from 70693 to 70880 for the total amount of $287,851.69. Plus payroll and payroll taxes for the September 24, 1999 payroll in the amount of $167,600.71. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Ferry presented the August Financial Report. The Trustees signed the report.
Mr. Humphrey made a motion to offer conditional employment to Police Officer candidates, Jennifer Campbell and Rick Byram. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mr. Humphrey made a motion to accept the resignation of part time FF/EMTP's Vince Metzger and Elizabeth (Nelson) Wyan. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mrs. Schmidt made a motion to authorize sending Assistant Fire/EMS Chief Harold Thiele and Captain Dean Miracle to a seminar on "Critical Incident Response to School Violence" in Columbus, Ohio, October 13-14, 1999 at an estimated cost of $820.00. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mrs. Schmidt made a motion to authorize sending Diane Slagel, Police Records Clerk, to a "Public Records Workshop", at Houston Woods State Park, November 7-8, 1999 at an estimated cost of $190.00. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Humphrey made a motion to authorize sending Rob Heideman, Police Officer, to the OPEC Conference in Dublin, Ohio, October 18-20, 1999 at an estimated cost of $535.00. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mr. Larry Fronk requested authorization to advertise in local papers for applications to Zoning Commission and Board of Zoning Appeals. Applications to be received by October 29, 1999. Mrs. Schmidt made a motion to authorize Mr. Fronk to advertise for applications for Zoning Commission and Board of Zoning Appeals openings. Applications due by November 05, 1999. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth presented the Board with a request from Walter Fischer to advertise for bids for a truck body for a new service department dump truck. Mrs. Schmidt made a motion to authorize advertising for bids for a salt truck body with bid opening at 8:15 PM on October 19, 1999. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mrs. Schmidt made a motion to advertise for construction bids for the Ibold Road Bank Stabilization Project with a due date of November 03, 1999. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Chief Jim Whitworth informed the Board that Milford Community Fire Department is selling a surplus vehicle for $20,000.00. It is a 1978 Ford/Grumman refurbished and repowered in 1995. Miami Township is interested in this vehicle to fulfill multiple missions; fill self contained breathing apparatus using the air cascade system, store multiple casualty incident equipment, and service as a smaller Rehabilitation Unit. The Board gave a consensus to the concept and need for this vehicle and authorized Chief Whitworth to further investigate.
Chief Whitworth requested the Board proclaim October 4-10 as Fire Prevention Week. He presented the Board with a schedule of the fire prevention/education activities planned for the month of October. Mr. Humphrey made a motion to adopt RESOLUTION 99-40 proclaiming October 4, 1999 through October 8, 1999, as Fire Prevention Week. Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mrs. Schmidt stated; "Mr. Chairman, I request that this statement be added into the minutes of tonight's meeting. Two weeks ago I obtained a copy of the Fall 1999 TRIFOLDS newsletter that was mailed to residents who are not members of this organization. The individual who gave me a copy was questioning me about statements made in this letter. After reading this document, I realized there were some inaccuracies that I feel need to be addressed publicly.
The author states that Mr. Taylor, a candidate for Miami Township Trustee, "was a tireless worker for the effort to pas the Fire/EMS Levy." I would like to set the record straight that Miami Township has never had a combined Fire/EMS levy. Until 1990,we operated under private contracts with four fire departments and one EMS department. The only combined levy passed since 1990 was a public safety levy that was approved by the voters in 1997. I contacted the person who chaired the public safety levy committee and asked if Mr. Taylor worked on the levy committee. I was told that Mr. Taylor was not a levy worker.
The author also states that "He will work to see that a comprehensive land plan be adopted…and He also wants to see that our 30 year old outdated zoning resolution get reworked." We have a comprehensive land use plan that was adopted by both the Township and Clermont County Planning commission in 1980. We have continuously updated our zoning resolution. The only parts of the zoning code that are original are those that we statutorily cannot be changed and Mobile Home Park "T" and Resort "H". We are currently reworking the "H"-Resort zoning. Since mobile home parks are under the jurisdiction of the Board of Health, we cannot offer regulations that would be in contradiction to Board of Health regulations.
Since Joe Uecker, Ed Humphrey and I became Trustees, we have made numerous changes to the Miami Township Zoning Resolution. Some of these include creating an R-PUD overlay district and new Office Park zoning regulations, both in 1990. We have created a Site Plan Review process for all development except single family residential. That same year we changed our zoning to exclude "pyramid zoning" from all of the residential zone classifications. In 1997 we added the Business PUD overlay. Just last year we reformatted the entire zoning book to make it more unified, modern and easy to read. Currently, we are working on updating our business district zoning. Finally, we have taken a proactive position on addressing problems with exterior property maintenance. This evening we have had the opportunity to adopted a comprehensive property maintenance code that pertains to the repair and continued maintenance of structures.
Miami Township has been the leader in zoning change in this county. We were the first township to adopt a PUD (Woodcreek), the first to adopt Site Plan Review which has become a model regulation throughout the county, the first to adopt a R-PUD and B-PUD, as well as the first township to establish a street light district (1990), and the first township to adopt a sidewalk regulation for all new residential subdivisions. In addition, we are only one of two townships to have on staff a certified land use planner.
The author also misrepresents our park system in this newsletter. The Lemming House is referred to as a "recreation center" and a "banquet facility" neither of which is correct. The Lemming House addition is a multi-purpose facility that was built to provide a new service to the residents of the community including our senior citizens. This addition was promised in the last park levy and we are fulfilling that promise.
The author also states "However, I believe that it is only common sense to see the fiscal irresponsibility and lack of leadership when we are being asked to renew a park levy one year early. This is due to underestimation of maintenance and management power for several large parks and facilities." This statement is totally incorrect. The current park levy expires at the end of 2000. Pro-active communities do not wait until the levy runs out ask for a renewal. They ask for the renewal before the levy runs out. We will not begin to collect on the levy renewal until the current levy expires.
I do not know how many citizens received this misinformation. I ask that the correct information be included in our minutes so there is a public document for this citizens to look at for accurate information.
Respectfully submitted, Jean Schmidt, Trustee September 28, 1999"
Chief Whitworth declared Chairperson Joseph W. Uecker and Ms. Alisha Ward honorary fire fighters. Mr. Uecker and Ms. Ward participated in the recent house burn training.
Mr. Lynn Taylor of 1075 Bridlepath Lane, Loveland, Ohio. " Well, while we're setting the record straight tonight, I want to take the Board back to a meeting I was at a couple, two meetings ago at which I asked where we were in terms of the police investigation. Trying to find out what the time line was and where we were. And Jean you're pretty quick to tell me that since I hadn't attended every meeting that I'd obviously missed the meeting at which you guys had a discussion about that and I promised you that we'd go back and check the records. We did. And you're wrong. You have not discussed it as part of the public record since June 15, 1999. It is not in your public minutes. We have people signed in at every one of those meetings who are knowledgeable about that topic. And you're wrong. And I'd like you to correct the record tonight on that last statement you made at the meeting a month ago." Jean Schmidt. "I can't Lynn, because it was. It may not be in the minutes, but it was discussed." Mr. Taylor: "Well Jean, I'm sorry. If it's not in the minutes. It's not a part of the public record. If you guys had the discussion in there, we as the public don't know that." Mrs. Schmidt: " I never said it was part of the public record. I said it was discussed in the meeting." Mr. Taylor: "But you told me, you told me, you challenged me, you challenged me in the public forum, that you guys had had a discussion on that topic. You have not." Mrs. Schmidt: " Yes, we have, it may not be in the " Mr. Taylor: "So the record stands corrected." Mrs. Schmidt: " No it doesn't, sir." Mr. Taylor: "I was correct that you guys have not discussed it until I brought it up a month ago and until this report was made here tonight." Mrs. Schmidt: " Sir, sorry but we cannot go on false information." Mr. Taylor: "Well then, would you please site the meeting date when you had the discussion." Mrs. Schmidt: " I can't do that tonight sir, I might be in error of inaccuracies." Mr. Taylor: "Then, would you make a commitment to be back here with that information next meeting?" Mrs. Schmidt: " If I can by next meeting, yes. The next meeting is next week." Mr. Taylor: " So if we're going to keep records straight, let's keep them straight on both sides." Mrs. Schmidt: "Mr. Taylor, I will be out of town until the next meeting, so we'll have to wait til' a future meeting." Mr. Taylor: " So would you like us to provide you with records of the meetings so you can take a look at that?" Mrs. Schmidt: "No." Mr. Taylor: " So just so we're on the record right now, there was not a discussion in the public record from June 15th until tonight's meeting regarding the investigation." Mrs. Schmidt: "Sir, we cannot say that." Mr. Taylor: "Well, I can." Mrs. Schmidt: "You can say it, but it may not be true, because…" Mr. Taylor: "Is your public record that you provide for these meetings accurate? Is it the legal representation of the proceedings of this committee?"
Mrs. Schmidt: " But it doesn't contain everything that goes on in this meeting." Mr. Taylor: "Then how would the public know the information, if it's not in your record?" Mrs. Schmidt: " The public that is here would know that." Mr. Taylor: "The public that was here heard no discussion and we have information from all the people that we had here. It was not discussed, Jean. I'm sorry." Chairperson Uecker: " Let's move on." Mr. Taylor: "Okay, we'll move on. Now, since Jean was so polite to help out Joe's re-election campaign here with this diatribe we just went through, I'll stand corrected on one point. My involvement in public affairs in Miami Township is public record. I've submitted it to the paper. I've submitted it to other organizations that are doing candidate forums. The information goes out in newsletters to people of all types and groups can be accurate, it can be misunderstood, it can be mis-copied. There are always issues when people are disseminating information to wide groups. I have never made the claim that I was part of any public services levy. As Mr. Siberski, back here, clearly knows, he and I were extremely active in the police levy campaign in either 1988 or 1989, the date escapes me. I looked it up at the Board of Elections the last time I was down there, but I don't have that note with me tonight." Mrs. Schmidt: "November 7, 1989." Mr. Taylor: "We were the Co-chairmen of that and that is in my background information that I provided the papers and we have talked at length with people about the fact that led to the formation of the current department and we were active. I was active as a township resident in the early formation of moving from the volunteer departments to the contract departments up to the Miami Township department today. When the former Board of Trustees were contracting with the various departments, I was not on any formal committee at the time, and I've never made claim to that. So that's fine." Mrs. Schmidt: " Would you like to have me read the whole entire newsletter, sir?" Mr. Taylor: "Jean, you know what Jean." Mrs. Schmidt: " No excuse me. I never " Mr. Taylor: "No excuse me, mam. I'm the one who's speaking here. I have the floor." Mrs. Schmidt: " I thought you paused so I could respond." Mr. Taylor: " Well, you usually jump in fast enough that some people have to pause, but I'm saying to you that, that's a newsletter that's published. It's for the consumption of people who want to read it. It is not an official document. It's not the newspaper. It's not the Township record. If you don't like what's in it, it's somebody's opinion, you don't have to read it. If you disagree with it. If you disagree with it, do what you did tonight. That's fine. You can disagree with it. That's what politics is about is disagreement, is discourse. But as much as you want those people to be accurate, those people are asking you to be accurate. It's a two-way street. Let's make sure both sides do it. That's my only request here tonight. Everything else in there is an opinion about how well you all have done your jobs. And if you share one opinion that's fine. We'll let the voters decide about the rest of it. You can debate about how well zoning codes have been fixed. You can debate about what's been done to them. You can debate about how effectively they've been used. That's all opinion at that point. It is not a court of law, it's not a sworn statement. If you don't like the way it reads out, then disagree with it. That's all you have to do." Mr. Uecker: "When you're reporting something as fact, do you think that is just politics?" Mr. Taylor: "Nothing in there is anything more than other people's opinions about what has happened and when it's happened. The part that is inaccurate about me, stands corrected. Everything else you have to deal with in terms of other people's perspectives and how it's looked at by the people are reporting that opinion." Mr. Uecker: " Okay." Mrs. Schmidt: " Sir, I'm quoting from this document, Lynn felt the time was right for a change in leadership in the Township. He plans to see that a comprehensive land use plan be adopted that will work to build a better future for our community. He also wants to see that our 30 year old outdated zoning resolution get re-worked." Mr. Taylor: " And I think both of those are accurate statements. There needs to be a better land use plan for this Township. I don't say that there isn't a land use plan. I say that one needs to be adopted." Mrs. Schmidt: " This document says, that a land use plan be adopted. It doesn't say a better one, sir. It says a land use plan. That means, sir let me finish." Mr. Taylor: "That is the interruption of the person who writes the document." Mrs. Schmidt: " Sir." Mr. Taylor: "You and I can argue about this all night long." Mrs. Schmidt: "Sir, no it's not an interruption. It's what was said." Mr. Taylor: "And what we're talking about here is Mrs. Schmidt's desire to attack and tear down people with different opinions."
Mrs. Schmidt: "No, it's not." Mr. Taylor: "All I'm saying is, I have an opinion that the land use plan is not effective. I have an opinion that the zoning code is still not a good zoning code. It can be better. Those are opinions. That's politics. That's what it's about." Mrs. Schmidt: "Sir. You just made an opinion about me. You have no idea why I made this presentation. Unless you listen to what I.." Mr. Taylor: "I..I have a good idea, but it's just my opinion." Mrs. Schmidt: " No. No. A resident contacted me that's not a member of your organization and asked me questions…" Mr. Taylor: " Excuse me, but it's not my organization." Mrs. Schmidt: "Are you or were you not the.." Mr. Taylor: " I'm a member of a lot of organizations, Jean. Is the League of Women's Voters your organization?" Mrs. Schmidt: "Sir, in 1998 you were the treasurer for TRIFOLDS." Mr. Taylor: " I've never been the treasurer for TRIFOLDS, I'm sorry." Mrs. Schmidt: "You were listed in 1998 on a public document as being the treasurer of TRIFOLDS." Mr. Taylor: " No. I was never listed as the treasurer. I'm sorry." Mrs. Schmidt: "It was either in the newspaper or public document." Mr. Taylor: "Then it was incorrect information. It was not an opinion either. I have never been listed a the treasurer of TRIFOLDS." Mrs. Schmidt: "You were listed as the treasurer of TRIFOLDS and I will get that for you." Mr. Taylor: "I'm sorry. You are incorrect." Mrs. Schmidt: "Well I can only go on what was stated." Mr. Taylor: "Well I can only go the public record of this township about whether or not you've discussed the police chief's investigation. And you've not discussed it." Mrs. Schmidt: "Sir. In this document it states what you believe. Now if that is incorrect, you need to go to the author because this document." Mr. Taylor: "I'll take care of that. That's fine. I don't need your help with that though." Mrs. Schmidt: "No. This document was sent to people not involved in your organization that had questions regarding this document." Mr. Taylor: "That document is for public consumption like the newspaper." Mrs. Schmidt: "Sir. Sir. May I please say something. You stated earlier that I did this for Mr. Uecker's benefit. No I did not do it for Mr. Uecker's benefit. I did it so there was a public way for people to get the facts. I have no way of knowing how many people received this document. But people can come to the township and can get a copy of the minutes." Mr. Taylor: "And if we do, is all the information going to be in it, Jean?" Mrs. Schmidt: " All the information that we pass is in it. It is not" Mr. Taylor: "Then should the updated information about the police investigation be in the minutes?" Mrs. Schmidt: "It's a call of the Clerk." Mr. Taylor: "Jean. It's one or the other. It's either the record or it's not. That's either a record or it's not. Now that's not a record of a public meeting. That's just opinions of people put out. You're telling me that the record of a public meeting we shouldn't take seriously and yet you want people to take that like it was gospel." Mrs. Schmidt: "I never said we shouldn't take that seriously. Sir, don't put words in my mouth. This was to set some inaccuracies straight. And that's all I did." Mr. Taylor: " And that's all I've done tonight is the fact that you have not in public record since June 15th until this night given an update to the public of Miami Township about the police chief investigation. Those are the facts. With that, I'll take my leave. Thank you."
There were no other public comments.
Mr. Humphrey made a motion to go into Executive Session to discuss purchase of property pursuant to ORC 121.22(G)(2). Mrs. Schmidt seconded the motion. Upon roll call, all voted "AYE."
Mrs. Schmidt made a motion to come out of Executive Session. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
With no other business to come before the Board, Chairperson Uecker adjourned the meeting at 10:30 PM.
ATTEST: ___________________________________________________Eric C. Ferry, Clerk
________________________________________________Chairperson Joseph W. Uecker