The Miami Township Board of Trustees met in regular session at 7:30 pm on Thursday, April 20, 2000, in the Miami Township civic building. Chairperson Jean Schmidt called the meeting to order. The Pledge of Allegiance was given. Clerk, Eric C. Ferry called the role. Attending were Jean Schmidt, Edwin H. Humphrey and Joseph W. Uecker. Mr. Uecker made a motion to approve the April 04,2000 Board of Trustee meeting minutes. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Chris Smith representing the Clermont County Chamber of Commerce discussed the Chamber's Small Business Development Center. He reviewed the function and funding of the center and some of the services they provide.
Community Development - Director, Larry Fronk reviewed the March activities of the department. He also discussed a zoning resolution revision memorandum regarding zoning classifications and the equivalent County recommendations.
Fire/EMS - Captain Rita Burroughs reviewed the departments March accomplishments. She noted that a final report from the architect, regarding the evaluation of the Central station building to better accommodate the needs of the department, is expected by April 20th.
Information Services - Christopher Snow outlined progress during March.
Arts and Recreation - Kristine Mick reported the March activities that took place at the Lemming House. She also reviewed upcoming key events at the Township parks for April and May. She also mentioned the park hot line is 248-5513.
Police - Chief R. Steven Bailey presented the March department report. He noted D.A.R.E. officer Todd Peters was accepted as a national Race Against Drugs Spokesperson.
Service - Director Walter Fischer presented Walt's Quick Picks. The Miami Meadows Park baseball backstops are under construction and the Ibold Road Issue 2 project is well under way.
Mr. Ferry read a letter from the Clermont County Auditor, Linda L. Fraley. The Tax Incentive Review Council (TIRC) meeting has been scheduled for Thursday, April 27, 2000 from 9:45am to 11:00am for Miami Township.
Bid Opening - Curb Repairs Mr. Ferry opened the one (1) bid received from Aleta Construction Total bid: $218,051.60. Mr. Uecker made a motion to accept the bid into the record and turn it over to the service director for review and recommendation. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Miami Township Administrator, David Duckworth reported he had no additional information regarding a vehicle noise resolution. Mr. Fronk reported the residents concerned with this issue are closely monitoring a similar situation in Stonelick Township and would like to wait and see how they resolve the situation.
Mr. Duckworth reported to the Board that he has received three (3) proposals regarding concessions at Miami Meadows Park. Mr. Duckworth recommended authorization to enter into a contract with David Cooper for the operation of the concession facility at Miami Meadows. Mr. Cooper has proposed staffing the facility seven days a week, Memorial Day through Labor Day. Mr. Uecker made a motion to authorize Mr. Duckworth to enter into a contract with David Cooper for the operation of the concession facility at Miami Meadows Park. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
A decision on the Adams-Clermont Solid Waste Plan was tabled until the May 02nd meeting.
Mr. Duckworth advised the Board he recommends they enter into a contract with Robert and Ruth Ryan for the purchase of 25.022 acres on Branch Hill-Loveland Road in the amount of $750,000.00. Mr. Uecker made a motion to authorize Mr. Duckworth to enter into a contract with Robert and Ruth Ryan for the purchase of 25.022 acres on Branch Hill-Loveland Road for the amount of $750,000.00 and to sign any documents necessary for the acquisition on behalf of the Board. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Reminders; April 28-30 Permit Free Yard Sale Weekend
May 5th & 6th Spring Clean Up Days (7:30am to 5:00 pm)
Mr. Humphrey made a motion to pay the bills of the Township including 357 checks numbered 72280 to 72636 for a total amount of $1,193,940.31, plus payroll and payroll taxes for March 24th, April 07th and April 21st in the amount of $476,495.12. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Ferry presented the Board with the March financial statement. The board signed their approval.
Mr. Duckworth presented the Board with the following personnel actions, He requested the Board offer conditional employment to William Clarence Gossitt for the position of part-time seasonal maintenance worker. Mr. Humphrey made the motion. Mr. Uecker seconded. Upon roll call, all voted "AYE."
He requested the Board conduct interviews of candidates for the Service Department Administrative Assistant position. There are 3 candidates to be interviewed. Mr. Humphrey made a motion to hold a Special Meeting on Tuesday, April 25th at 7:00pm for the purpose of interviewing 3 candidates for the position of Service Department Administrative Assistant and any other Township business that may come before the Board. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
He recommended the Board officially appoint Kimberly Laing to the position of part-time community relations coordinator, effective April 17,2000 at an hourly rate of $12.00. Mr. Humphrey made the motion. Mr. Uecker seconded. Upon roll call, all voted "AYE."
He recommended the Board remove the following individuals from probation effective April 20,2000; FF/EMTP Vince Bee, FF/EMTP Ed Lillich, FF/EMTP Ralph Vilardo, Lieutenant FF/EMTP Barry Mesley and Lieutenant FF/EMTP Steve Monterosso. Mr. Humphrey made the motion. Mr. Uecker seconded. Upon roll call, all voted "AYE."
Chief Bailey requested authorization to apply for a COPS in Schools Hiring Grant. Mr. Humphrey made a motion to apply for a COPS in Schools Hiring Grant for the Milford School System and the Live Oaks Career Development Campus. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Fronk requested the Board appoint a Task Force to oversee the preparation of the State Route 28 Access Management Study. He provided the Board with a recommended list of candidates for the task force. Mr. Humphrey made a motion to approve the recommended list of members to be assigned to a Task Force to oversee the preparation of the State Route 28 Access Management Study. Mr. Uecker seconded the motion. Upon roll call, Mr. Humphrey and Mr. Uecker voted Aye. Mrs. Schmidt abstained for personal reasons.
Mr. Duckworth requested the Board approve the renewal of the township's property and casualty insurance with OTARMA. The amount of the renewal is $132,847.00. This represents a 4% increase over last year's renewal. Mr. Uecker made a motion to continue the townships property and casualty insurance with OTARMA. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth discussed a change to the Lemming House rental rules. He suggested the rules be modified to state that checks only will be accepted for deposit or rental fees. No cash will be accepted. Mr. Uecker made a motion to modify the Lemming House rules to state that checks only will be accepted for deposits or rental fees. No cash will be accepted. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Mark Benken of 1697 St. Rt.131 presented the Board with a letter from himself, Mr. Garold Shaw of 1737 St. Rt. 131 and Mr. Frank Carrier of 1705 St.Rt.131 regarding a concern of public health. Mr. Humphrey made a motion to have Mr. Ferry read the letter into the minutes. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE." Mr. Ferry read; To: Miami Township Board of Trustees. Victory Industries, 1700 St. Rt. 131 is located directly across the street from my home @ 1705 St. Rt. 131. Victory Industries has been open for business since Aug. of 99. Larry Fronk allowed this business to open in violation of a number of zoning laws i.e.,no paved parking , ball park style lighting, illuminating theirs and everyone else's property, unscreened outside storage area with 25' high storage racks, no landscaped buffer between employee parking and the road St. Rt. 131, and the loading and unloading docks are not screened from the adjoining residential properties. After many meetings and much prodding, Mr. Fronk finally sent a letter to Victory Industries giving them until May 30th to correct the above conditions. The worst and most serious violation of all Mr. Fronk refuses to address is the V.O.C. paint fumes that Victory Ind. Exhausts to the air from a large paint booth inside. These fumes are so strong and thick when the air is still that you can't stand to be outside. This is not only at my house but all the neighbors and a mile away on Wild Rose Lane people are asking where are these fumes coming from. The fumes get into the house and it smells like someone is painting in the living room! My daughter has severe asthma and these types of fumes can trigger a severe attack. Not only are they endangering her life but everyone else in the community with the same condition is in jeopardy also. Chapter 13.08 of the Miami Township zoning code clearly states that all uses in this zone shall be conducted in such a manner so that no noise, odor, smoke, glare, vibrations or other impacts are evident from beyond the property lines! Chapter 24.02 also states no land or uses in these districts shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable nuisance. In discussions with the E.P.A. about this condition the E.P.A. stated that air pollution and odor issues are two distinct and individual entities and that odor ordinances as spelled out in township zoning ordinances can and have been enforced in the past! Chapter 24.02 B of the Miami Township code states: No land or buildings in an district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding area or adjoining premises.
In conversations with Mr. Fronk, he stated that he would not pursue enforcement of the law because of lack of evidence even though he came out and smelled it himself. When I asked Mr. Fronk what more he needed as evidence he made no response. The noxious odors described above will only get worse in the hot, humid and still air of the summer. With all the above stated we the undersigned are here to testify that the odors described above are noxious, injurious, dangerous, and objectionable and adversely affecting our premises by limiting our use of our yards and invading our homes with the stench and aggravating and dangerous medical condition. There are painting technologies available that are dry base, emit no fumes and are no more expensive that the VOC system that Victory is using, so there is no logical reason why not to enforce the law. Victory Industries can have the painting done at some outside source until they can switch to a cleaner system! Victory knew what laws they would be operating under before they built and should be required to comply with them! To add insult to injury, Victory Industries has submitted a new site plan and they want to build a new addition on to the existing building to expand their paint spraying operations. We want Mr. Fronk to issue a stop work order on all painting and not to allow any building expansions until Victory is in compliance with all zoning and building codes! Another issue that needs to be corrected is the exhaust fan noise, this fan operates all hours of the night and it sounds like its in the bedroom. The enactment cause of the zoning code; states that its purpose is promoting the public health, safety, comfort, and general welfare, and conversing the values of property throughout the township. Chapter 13 planned industrial park district 13.01 purpose; states to arrange the location of buildings, parking areas, access, screening, and lighting to protect values and to harmonize the development with surrounding area. The provisions in this district are designed to provide for the establishment and generation of low intensity industrial uses in a manner that minimizes conflict between industrial uses and nearby residential areas! Chapter 31 interpretation, purpose and conflict; states that in interpreting and applying the provisions of the resolution, they shall be held to be minimum requirements! The point is that the problem is not that there is a business across the street, its that the business is not operating within the zoning laws. We want to know what the plan is to address these issues, timing, and who will be responsible for the actions. Also we would like written communication on a weekly basis in the form of a progress report.
Miami Township Law Director, John Korfhagen responded that Mr. Fronk is responsible for the enforcement of the zoning ordinance. Mr. Korfhagen stated that all the complaints have been resolved with the exception of the paint fumes and tonight is the first he's heard about the exhaust fan noise. He explained the options available to the residents. They have a right to appeal Mr. Fronk's decision not to enforce the Board of Zoning Appeals. They have they right to sue Victory Industries if they are in violation of zoning ordinances.
Mr. Frank Carrier of 1705 St. Rt. 131 stated he felt that someone should come out to the area in the evening when the fumes are the worst. He asked if the EPA could measure the odor?
Mr. Fronk was directed to contact the EPA and report back to Mr. Bueher, Mr. Carrier and Mr. Shaw. Mr. Korfhagen volunteered to visit the area some evening to see if he can detect the odor.
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) and to discuss pending litigation pursuant to ORC 121.22(G)(3). Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Humphrey made a motion to come out of Executive Session. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
With no further business to come before the Board, Chairperson Schmidt adjourned the meeting at 9:40pm.
ATTEST: _________________________________________________________ Eric C. Ferry, Clerk
_________________________________________________________ Jean Schmidt, Chairperson