The Miami Township Board of Trustees met in regular session on Tuesday, May 02, 2000 at 7:30 PM 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. In attendance were, Jean Schmidt, Edwin H. Humphrey and Joseph W. Uecker. Mr. Humphrey made a motion to approve the April 20,2000 and the April 25,2000 minutes as presented. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Ferry read a letter from the Clermont County Board of Commissioners regarding the 800 MHZ radio equipment purchase. A showcase of 800 MHZ radio and mobile data terminal/computer equipment display will be held on May 9,10 and 11,2000 at the Clermont County Medical Social Services Building. Miami Township is scheduled for the May 10th, 2:00-5:00 session.
Mr. Ferry read a letter from the John H. Evans Funeral Home to Police Chief Stephen Bailey. Mr. Charles Evans, Director expressed his thanks for the cooperation of Miami Township Police Department with the Milford Police Department during the recent funeral procession of Jacob Gilligan.
Mr. Ferry opened the bids received for the Community Park Driveway Extension project. Three bids were received. Donohoo & Associates, Inc. $54,298.00 Adleta Construction $61,395.00 Wm. Light Paving Co. $68,432.50 Mr. Humphrey made a motion to accept the bids into the record and turn them over to the Service Director for review and recommendation. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Township Administrator, David Duckworth recommended the Board accept the bid submitted by Adleta Construction Co. in the amount of $218,051.60 for the Concrete Curb Repair Project. Mr. Uecker made a motion to authorize Mr. Duckworth to sign a contract on behalf of the Board with Adleta Construction Co. in the amount of $218,051.60 for the Concrete Curb Repair Project. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Community Development Director, Larry Fronk reported that progress is being made in the vehicle noise resolution. Mr. Humphrey asked that this item be left off the agenda until it is completed.
Mr. Duckworth presented the Board with a resolution approving the Adams-Clermont Solid Waste Management District Plan. Mr. Humphrey made a motion to adopt RESOLUTION 2000-23 authorizing approval of a revised draft solid waste management plan, dated July 1999, for the Adams-Clermont Solid Waste Management District, dispensing with the second reading. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Fronk presented the Board with a memo regarding a complaint of zoning violations; This memo is a response to a letter addressed to the Township Trustees, dated 4-19-00 relating to zoning violations at Victory Industries, 1700 SR 131. I will address each of the points brought out in the letter.
1. The initial site plan review for Victory Industries was complete in June 1999. The applicant was the contractor. The plan was given conditional approval. The conditions included the gravel parking area shown on the map had to be paved and the number of parking spaces had to be increased from 14 to 19. It is important to note the original site plan did not show any outside storage. At this time all correspondence was with the contractor. The contractor agreed to comply with the conditions.
2. After Victory Industries was constructed Mr. Frank Carrier brought several violations to my attention. These included outside storage, gravel parking, landscaping and lighting. At this time noise and paint fumes were not an issue. I met several times with the owners of Victory Industries, Dale and Bonnie Freeman, in an effort to come to a negotiated solution to the problems. Victory Industries did take some steps toward complying with the zoning resolution. They did adjust and shield the lighting, shielded a small portion of the outside storage and planted some landscaping. Although these were positive steps, it did not bring all the violations into compliance. On December 23, 1999, after discussions with the Law Director I sent Victory Industries a violation letter that is attached for your review.
3. Victory Industries had several concerns relating to my letter particularly as it related to the outside storage. The 25-foot high racks were a major investment and they looked for a compromise. We discussed some options, but never came to a complete agreement. At this point Mr. Matt Van Sant, with the Clermont Chamber of Commerce, came in as a mediator and recommended Mr. Freeman submit a revised site plan that would detail everything on the site. This would give me the ability to see all the detail of what was proposed on the site and then accept or reject the new plan. If I rejected the plan and the Freeman's disagreed with my decision, they could go the Board of Zoning Appeals to obtain some closure on the disputed items or to receive variances if warranted. I reviewed the revised plan in February 2000 and rejected the plan. A copy of the letter is attached. Although the plan did address some of the issues, it did not address some of the critical issues such as the outside storage.
4. I have met with Mr. Freeman several times to discuss how the storage issue could be resolved. The current plan is to expand the storage area to the rear, lower the racks and screen the area with slats in the chain link fence. The proposed addition to the building will also help screen the storage area.
5. These plan reviews did not deal with the issue of paint fumes. In Late January Mr. Carrier came to my office to discuss the issue of paint fumes. I asked Mr. Mike Fair, with the Department of Environmental Services to investigate. This Department contracts with the Ohio EPA for issues dealing with air quality in southwest Ohio. Mr. Fair found Victory Industries to be well below allowable emission standards. I also discussed the issue with Mr. Korfhagen. At that time he stated I should smell the fumes myself so an impartial finding could be made. On February 21, 2000 I gave Mr. Carrier my work and home phone numbers and told him to call me whenever Victory Industries was painting and fumes were present. I kept a log of my visits to Victory Industries and the log is attached for your review. Of the four phone calls I received I responded three times. The one time I did not respond I was at a Zoning Commission meeting. By the time the meeting was over and I arrived home to get the message it was too late to respond. Twice there was no smell and once there was a faint smell at the street. In early April Mr. Carrier asked me what I was going to do about the paint fumes. I told him, given the times I was at the site and the evidence I had to date, I did not find there was a violation to pursue at this time.
6. At the request of the Board, on April 21, 2000 I contacted Mike Fair, with the Department of Environmental Services, and asked him if there was an objective method to measure odor. I was told there is no objective, measurable way to determine the amount of odor emanating from a site. A determination of the amount of odor emanating from a site is subjective.
7. Current status of outstanding violations:
a. The gravel parking area is currently being prepared for paving. Weather permitting the lot will be paved within the next week.
b. The landscaping between SR 131 and the parking lot has been ordered and will be installed after the paving is complete.
c. The issue of screening the outside storage is still outstanding.
d. The issue of paint fumes and noise is still outstanding.
The Community Development Department has a policy of attempting to work with property owners to comply with zoning or property maintenance violations. As long as there is positive progress we have granted extensions to the 30-day compliance period to allow work to be completed. We always seek voluntary compliance with our regulations before proceeding with mediation or legal action. In this case Mr. And Mrs. Freeman have expressed a willingness to work with the Township and are currently making very positive progress toward compliance.
If you have any questions relating to this memo or the issues at Victory Industries please let me know.
Chairperson Schmidt reminded everyone that Spring Clean-Up Days will be held May 5th and 6th from 7:30 am to 5:00 pm each day. Brush Days is May 13th and 20th at Miami Meadows Park from 7:30 am to 5:00 pm.
Mr. Duckworth presented the Board with a request to remove Lieutenant FF/EMTP David Jetter and Lieutenant FF/EMTP Bill Richardson from probation effective May 02, 2000. Mr. Humphrey made a motion to remove Lieutenant David Jetter and Lieutenant Bill Richardson from probation effective May 02, 2000. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth notified the Board that part-time firefighter Rich Childers has resigned effective April 29, 2000. Mr. Humphrey made a motion to accept the resignation. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth requested approval by the Board of the following out-of-township travel requests; Keith Benhase and Mike Hackman to OC Instructor Certification Conference in Florence, Kentucky May 19, 2000. The estimated cost is $190.00. Mr. Uecker made a motion to approve the request. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Nick Colliver to the NAFTO Conference in Cincinnati, Ohio May 15-18, 2000. The anticipated costs are $390.00. Mr. Uecker made a motion to approve the request. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Harold Thiele and Dean Miracle to Appleton, Wisconsin to pick up a fire vehicle at the Pierce facility. The travel occurred on April 26-27 at a cost of $320.00. Mr. Humphrey made a motion approving the request. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Assistant Fire/EMS Chief, Dan Mack requested the Board grant approval to assign Miami Township's Bicycle Medic Team (of 2) and Medical Gator staffed with 2 paramedics for the May 14, 2000 Flying Pig Marathon. The Cincinnati Fire Department has requested our participation in this event. Mr. Mack stated he felt this would be a great way to show our appreciation for past and future assistance the Cincinnati Fire Department has done for the Township. Mr. Humphrey made a motion to support the request and send our Medical Bicycle Team and Gator Team to the Flying Pig Marathon. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth advised the Board that Kim Laing has created the name "Midsummer at the Meadows" for the township's summer event at Miami Meadows. Mr. Humphrey made a motion to approve the name "Midsummer at the Meadows" for the July 15th event at the Miami Meadows Park. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth presented the Board with two requests for speed limit reductions. Mr. Uecker made a motion to adopt RESOLUTION 2000-22 lowering the speed limit on certain streets in Miami Township, dispensing with the second reading and declaring an emergency. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE." Speed limit lowered to 25 MPH on Deerhaven Court extension (T-2257) 111miles; Olde Gate Court (T-2586) .153 miles; Meadow Lark Court (T-2588) .116 miles; Wildflower Court (T-2660) .112 miles and Windrow Lane (T-2587) .251 miles in the platted subdivision known as Chadwick Farm Subdivision. Mr. Uecker made a motion to adopt RESOLUTION 2000-23 lowering the speed limit on certain streets in Miami Township, dispensing with the second reading and declaring an emergency. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE." Speed limit lowered to 25 MPH on Oasis Drive (T-2679) .53 miles; Fairway Crest (T-2682) .40 miles; Carriage Hill Lane (T-2684) .034 miles and Inland Lane (T-2683) .074 miles in the platted subdivision known as Oasis Subdivision.
Mr. Fronk recommended the Board declare the vegetation at 1277 Deblin Drive be declared a nuisance and authorize the removal of the vegetation. Mr. Humphrey made a motion to adopt RESOLUTION 2000-24 authorizing the abatement, control or removal of vegetation, garbage, refuse or debris, dispensing with the second reading and declaring an emergency. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth presented the Board with a memo regarding the TIRC meeting;
The Clermont County Tax Incentive Review Council (TIRC) met on April 27, 2000. There were 27 Miami Township projects reviewed. The TIRC recommended no punitive action against any business currently receiving a tax abatement authorized by the Miami Township Board of Trustees. The majority of the businesses receiving tax abatements have either met or exceeded their investment and employment commitments.
There are a few businesses that have yet to meet their employment projections. When asked why they have not met their employment projections, company officials overwhelmingly responded that a very tight labor market is the main reason why they have not met their employment goal. The TIRC decided to evaluate these businesses more closely next year.
There was one piece of disturbing information that I need to bring to your attention. If you recall, the Board denied the assignment of a tax abatement from Multifold International to IPBM Real Estate Co., Inc. on October 20, 1998 (please note that the Board of County Commissioners has the ultimate authority to deny tax abatement assignments). I notified the County Enterprise Zone Manager in writing of the Board's decision the following day (see attached letter). During last year's TIRC meeting, I reiterated our position and a motion was made to terminate the abatement agreement effective tax year 1999 (see attached minutes). The Board of County Commissioners did not take any action on this matter and Multifold received a $13,909 abatement in tax year 1999. I made it clear that Miami Township was disappointed that Multifold received an abatement due to a glaring mistake on the part of the County. David Spinney did accept responsibility and assured me that this matter would be resolved immediately. I felt it important to advise the Board of this situation.
If you have further questions regarding this matter, please bring them to my attention. Thank you.
Annalee Duganier, Enterprise Zone Manager Dept. of Community Planning & Development Board of County Commissioners 101 E. Main Street Batavia, Ohio 45103
RE: Assignment of Tax Incentives to IPBM Real Estate Co., Inc.
Dear Annalee:
October 21, 1998
The Miami Township Board of Trustees met on October 20, 1998 to consider a request to assign an Enterprise Zone Agreement from Multifold International to IPBM Real Estate Co., Inc. The Board of Trustees denied the assignment request.
Please let me know if a formal Resolution of the Board denying the assignment of tax exemption benefits is needed. If you have questions regarding this matter, please give me a call.
Sincerely,
David D. Duckworth Township Administrator
Tax Incentive Review Council Minutes April 29, 1999 Multifold International, 19-24-08C-151. Ms. Rudd gave the following overview regarding the current status of the abatement agreement. The analysis report provided indicated that the real estate project was first abated for the 1994 tax year. Personal property was first abated for the 1994 accounting period. The original agreement was executed in May of 1993. The parcel and company assets transferred ownership in March/April of 1999. Motion by Mike Murray, second by David Duckworth to terminate the abatement agreement effective tax year 1999. The motion carried unanimously
Mr. Humphrey made a motion to adopt the following Proclamation: Recognizing Emergency Medical Services Week May 14-20, 2000. Mr. Uecker seconded the motion. Upon role call, all voted "AYE."
Chairperson Schmidt briefly discussed senate bill 289. She urged people to write their senator to support this bill.
Mark Benken of 1697 SR 131 addressed the Board regarding Victory Industries.
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."
Mr. Humphrey discussed the Recreation Center Meeting held last night. The Board determined they would be interested in being involved if it was a Miami Township center. They left the subject open to further discussion.
With no other business to come before the Board, Chairperson Schmidt adjourned the meeting at 10:26pm.
ATTEST: _________________________________________________________________ Eric C. Ferry, Clerk
________________________________________________________________
Jean Schmidt, Chairperson