MIAMI TOWNSHIP BOARD OF TRUSTEES

JUNE 20, 2000

The Miami Township Board of Trustees met in regular session on Tuesday, June 20, 2000 at 7:00 PM in the 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. Humphrey 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. Humphrey made a motion to come out of Executive Session. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Uecker made a motion to approve the May 16th, two June 6th and June 15th meeting minutes. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE." Mr. Uecker made a motion to approve the minutes of June 7th. Mr. Humphrey seconded the motion. Upon roll call, Mr. Uecker and Mr. Humphrey voted "AYE." Jean Schmidt abstained.

DEPARTMENT REPORTS

Larry Fronk, Community Development Director noted that there will be a public involvement meeting on the SR 28 access study on July 12th, 7:00 PM at the Lemming House. He reviewed other aspects of the May activity report.

Community Relations Director, Kim Laing presented the Board with a review of her activities during May and proposed projects including promotion of the Midsummer at the Meadows event.

Assistant Fire/EMS Chief Harold Thiele reported that the monthly activity report was not complete at this time.

Chris Snow, Information Services Manager reviewed the May report.

Kristine Mick, Recreation Director presented the May activity report and reviewed the upcoming June and July events.

Police Chief, R. Steven Bailey presented the May report. He noted that Mike Henderson received the award for Criminal Investigator of the Year from a large agency at the 17th annual Police Appreciation Banquet hosted by the Clermont County Citizens Law Enforcement Association. Also honored at the banquet were three members of the Miami Township Citizen's Police Academy Alumni Association, Lisa McDaniels, Tim Jeffries and Issac Anderson.

Service Director, Walter Fischer noted that spring clean up and brush days were a huge success. The concrete curb project was installed and backfilled with blacktop and topsoil and the new mower head was installed after completing the first pass of roadside mowing.

CORRESPONDENCE

Mr. Ferry read a request from the Ohio Liquor Control board to transfer liquor license 91335090090 from UDF Limited Partnership 1at 2705 Madison Road, Cincinnati to 01335090093 UDF Limited Partnership1 at 1239 US 50 Milford. The Township had no objections.

Mr. Ferry read a notice of Public Meeting for the SR 28 Access Management Study on July 12th, 7:00 PM at the Lemming House.

Mr. Ferry read an invitation to the City of Loveland's celebration of the Clermont County Bicentennial at White Pillars Homestead on Sunday, July 2nd at 6:00 PM.

Mr. Ferry read a thank you letter from State Senator Doug White to Jean Schmidt. The letter thanked Mrs. Schmidt for her letter of support regarding SB 289, Annexation Reform.

Mr. Ferry read a thank you letter from Stanley M. Chesley to Chief Jim Whitworth. The letter was complimenting Captain Bob Burns' crew.

OLD BUSINESS

Bid Opening - Outdoor Emergency Warning Siren System

Mr. Ferry opened the bids in order received;

Werden Electric $169,750.00 without battery back-up $221,750.00 with battery back-up

Mobilcomm $241,991.40 Mr. Humphrey made a motion to accept the bids into the record and turn over to the safety committee for review, evaluation and recommendation. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Bid Opening - 2001 Crew Cab, 1-Ton Dump Truck

Mr. Ferry opened the only bid received.

32 Ford-Mercury,Inc. $27,925.00 Mr. Humphrey made a motion to accept the bid into the record and turn over to the Service Director for review and recommendation. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Ferry proposed to go out for bid in September for all township monies depository agreements. The current agreements expire December 31, 2000.

Mr. Ferry announced that the State audit is finished. The auditors wanted to know if the Trustees wished to have a post-audit meeting. The Board agreed they would have the meeting. The date will be determined later.

Mrs. Schmidt reminded everyone that the July 4th Trustees meeting has been canceled.

NEW BUSINESS

Mr. Humphrey made a motion to pay the bills of the Township including 237 checks numbered 72727 to 72942 for the total amount of $580,345.27, plus payroll and payroll taxes for May 19th, June 02nd and June 16th in the amount of $498,718.09. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Ferry presented the May financial statement. The Trustees signed the report.

Mr. Humphrey made a motion to pay the Zoning Board of Appeals and Rural Zoning Commission members $25.00 for each meeting attended. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Duckworth recommended the Board grant conditional employment as police officers to Jon Mangus, Kenneth Horton, Brian Mehne, Michael Owens and Kenneth Scott Horton. Mr. Humphrey made a motion to approve the offer of conditional employment to those listed above. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Duckworth requested the Board schedule interviews with two candidates for the position of Administrative Assistant and one candidate for the position of part-time park patrol officer.

Mr. Duckworth advised the Board that a discrepancy was discovered in the pay of FF Mike Cooper and FF Mike Holloway. Both employees should have received a pay increase in 1998 (8/23/98 for Cooper and 10/22/98 for Holloway) but the actual increase did not take place until 1/1/99. Research has found that Mr. Cooper is due $1,144.70 in back pay and Mr. Holloway is due $908.20. Mr. Humphrey made a motion to pay Mike Cooper $1,144.70 and Mike Holloway $908.20 in back pay. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Duckworth presented a request to authorize sending Assistant Fire/EMS Chief Harold Thiele to the National Fire, Arson & Exposition Investigation Training Program July 24 through July 28, 2000 in Schaumburg, Illinois as an estimated cost of $800.00. Mr. Humphrey made a motion to approve the request. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Duckworth presented a request to authorize sending Police Officer Todd Peters to G.R.E.A.T. (Gang Resistance Education and Training) Instructor training in Portland, Oregon, August 20-27,2000 at an estimated cost of $900.00. Mr. Uecker made a motion to approve the request. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Duckworth presented a request to authorize sending Jim Richmond to a Compu-Spread Master Technician Course in Burlington, Ontario, August 23-31, 2000 at an estimated cost of $1,650.00. Mr. Uecker made a motion to approve the request. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."

Mr. Duckworth presented the Board with a request to continue the Safe Communities Grant for the 2001 Fiscal year (October 00 - September 01). The amount of the grant is $42,400.00 and it is a 100% reimbursable grant. Mr. Humphrey made a motion to authorize Mr. Duckworth to submit a grant application for the 2001 fiscal year. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Duckworth requested the Board authorize him to enter into a lease agreement with the Clermont Senior Services, Inc. for their use of the Lemming House for a one-day a week senior center effective August 01, 2000. The Board directed Mr. Duckworth to tell CSSI that everything looks good. They wish to review the final lease agreement before authorizing signing.

Mr. Duckworth presented a request for authorization to sell two surplus ambulances to the village of Russellville EMS, Russellville, Ohio for a total of $2,500.00. Mr. Uecker made a motion to adopt RESOLUTION 2000-34 disposing of surplus equipment and authorizing the sale of surplus equipment to another subdivision and dispensing with the second reading. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."

Chairperson Schmidt addressed the public regarding a disciplinary action against a member of the police department. Mr. Joseph Uecker made the following motion; "Having heard the evidence presented in internal affairs investigation 99-07 by counsel for the Fraternal Order of Police and with counsel for Miami Township on May 17th and on June 5th, 2000, we find that Miami Township Police Officer Thomas Risks' action on or about September 6th, 1999 did constitute gross misconduct, specifically dishonesty and insubordination, discourteous treatment of the public and conduct unbecoming an officer. Based upon these findings I move that the recommendation of the administrator be accepted with the following modifications. That Thomas Risk be suspended from duty for a period of thirty (30) days, that time to be determined by the Chief of Police." Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."

Mr. Uecker stated; "Regarding the second case, I make the following motion; Having heard the evidence presented in internal affairs investigation 99-10 by counsel for the FOP and Miami Township on June 5th, 2000, we find that Miami Township Police Officer Thomas Risks' actions on or about December 12th, 1999 did constitute gross misconduct specifically neglect of duty, excessive use of force, discourteous treatment of the public and insubordination. Based upon these findings I move we accept the recommendation of the administrator and that Thomas Risk be discharged from his employment as a Miami Township Police Officer." Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."

PUBLIC COMMENT

Mr. William B. Knepp of 826 SR 131 #33 reported that Car Works will be held at the Meijer parking lot on July 1st at 5:00 PM.

Mrs. Barbara Risk of 4129 Fox Hollow Drive, Blue Ash, Ohio stated that she felt the punishment given to her husband was not warranted by the actions in question. She presented her view of the job that police officers are called on to do everyday. She questioned why only one officer was disciplined when there were four officers involved.

There were no other public comments.

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, 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 made a motion to hold a Special Meeting on July 3rd at 7:00 PM for the purpose of interviewing candidates for the administrative assistance position and the part-time park patrol officer position and any other business that may come before the Township. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Uecker made a motion to authorize the attorneys representing the Township to appeal the decision of the Appeals Court in the Jim Young case to the Ohio Supreme Court. Mrs. Schmidt seconded the motion. Upon roll call, Mrs. Schmidt and Mr. Uecker voted "AYE." Mr. Humphrey voted no. Motion carried.

With no other business to come before the Board, Chairperson Schmidt adjourned the meeting at 9:15PM.

ATTEST: _______________________________________________________________ Eric C. Ferry, Clerk

_______________________________________________________________ Jean Schmidt, Chairperson