The Miami Township Board of Trustees met in regular session on Tuesday, November 26, 2002 at 7:00 PM. Chairperson Joseph W. Uecker called the meeting to order. The Pledge of Allegiance was lead by Girl Scouts. Pastor Joe Strunk of the Milford Church of Christ gave the invocation. Clerk Eric C. Ferry called the role. Attending were Joseph W. Uecker, Mary Makley Wolff and Edwin H. Humphrey.
Mr. William Knepp presented an update on the Miami Township Old Time Holiday Season Parade. The parade will be held December 5th starting at 6:30PM. Mr. Knepp noted there are four bands participating, two color guards, and 14 floats plus much more.
Police Chief Steve Bailey introduced the leader of Girl Scout Troop 3516, Ms. Terry Bolten. Troop 3516 had a number of fund raising events over the year and raised over $700.00. They used the funds to purchase medical kits, muzzles and other supplies for the Miami Township Canine unit. Chief Bailey accepted the items. Both members of the canine unit were present and barked their appreciation.
Mrs. Wolff made a motion to approve the meeting minutes of November 6th, 2002 and the Special Meeting, November 10th, 2002. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
The department reports were presented to the Board. Highlights were given by; Community Development Larry Fronk Fire/EMS Chief Jim Whitworth Information Services Chris Snow Police Chief Steve Bailey Service Department Walt Fischer
Mr. Ferry read a notice from Mark Jaehnen of the Clermont County Commissioners noting the 2002 Township Road Inventory Schedule is due Thursday, December 19th at 9:30 AM.
Miami Township Administrator, David Duckworth advised the Board the status of the nuisance abatement of the property located at 6252 Branch Hill-Guinea Road. The building has been razed and the property no longer qualifies as a nuisance. No further Board action was required.
Mrs. Wolff made a motion to adopt RESOLUTION 2002-47 declaring this for the public purpose of certain improvements, which are necessary for the further development of certain parcels within the Township, and authorizing the execution of a Tax Incentive Agreement and establishing a Tax Increment Equivalent Fund, dispensing with the second reading. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mrs. Wolff made a motion to authorize the Township Administrator to sign on behalf of the Board any documents relating to the TIF. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Humphrey made a motion to advertise for bids for the Central Fire Station Door Replacement Project with bid openings on December 27, 2002 at 1:30 PM in the Township Hall. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
Mr. Humphrey made a motion to adopt the Alcohol Use Policy governing the use of alcohol at township park shelters and the Leming house with the elimination of 3.1, renumbering and adding 3.3 stating this policy shall become effective upon its adoption. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
Mr. Humphrey made a motion to adopt the Traffic Control Device Policy as presented by Mr. Duckworth. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
PINE CREEK SUBDIVISION STREET LIGHTING DISTRICT
Mr. Ferry read the legal notice. Michael Schottelkotte, a representative for Drees Homes, presented the request for the street lighting district for the Pine Creek subdivision. There were no questions from the Board. There were no adjacent property owners present. There were no communications relative to the case. There were no comments from any person in attendance. Mr. Humphrey made a motion to close the public portion of the hearing. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE." Mrs. Wolff made a motion to adopt RESOLUTION 2002-48 providing for the procurement of a street lighting system for Pine Creek, dispensing with the second readying and declaring an emergency. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
December 3rd Trustee meeting has been canceled. December 5th - Old Time Holiday Season Parade, 6:30 PM December 7th - Holiday tree lighting and Open House, Community Park December 14th - Cookies with Santa, Community Park, noon to 2:00 PM.
Mr. Humphrey made a motion to pay the bills of the Township including 268 checks numbered 79433 - 79699 for the total amount of $889,491.15 plus payroll and payroll taxes for November 15, 2002 in the amount of $214,800.68. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth advised the Board, Probationary Police Officer Mike Herald has resigned effective November 25, 2002. Mr. Humphrey made a motion to accept the resignation. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth recommended the Board promote Kevin Murray from Probationary Reserve Police Officer to Probationary Full-Time Police Officer effective December 11, 2002 at an hourly pay rate of $17.28. Mrs. Wolff made a motion to approve the recommendation. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth recommended the Board promote Mike Nelson from Part-Time Firefighter 1/Paramedic to Part-Time Firefighter2/Paramedic at an hourly pay rate of $12.34 effective November 24, 2002. Mrs. Wolff made a motion to approve the recommendation. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Humphrey made a motion to hold Special Meetings on December 16th and December 18th at 7:00 PM for the purpose of interviewing Zoning Commission and Board of Zoning Appeals candidates and any other business that may come before the Board. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth advised the Board the Ohio Department of Transportation intends to improve the US 50/Wolfpen Pleasant Hill Road intersection and have requested comments from property owners affected. Mr. Humphrey made a motion to submit a letter strongly supporting the project. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth presented a request for out-of-township travel for the Board to consider: Steve Bailey, Steve Burgess and Bill Adams to attend the Community Oriented Approach to School Safety in Nashville, Tennessee January 28-31, 2003 at a cost of $3,057.55. Mrs. Wolff made a motion to approve the request. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth presented the Village of Terrace Park Paramedic Contract for consideration. Mr. Humphrey made a motion to adopt the paramedic services contract with the Village of Terrace Park. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth presented the Board with the Health/Dental Insurance Renewal for 2003. The employer-employee committee recommends renewal of the health insurance with Anthem and dental insurance with Guardian. Mrs. Wolff made a motion to renew its health insurance with Anthem and dental insurance with Guardian and authorize Mr. Duckworth to sign any renewal documents on behalf of the Board. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."
Mr. Humphrey made a motion to adopt RESOLUTION 2002-49 declaring an emergency to exist and authorizing the removal of snow and ice from undedicated roads in accordance with revised code section 505.82, dispensing with the second reading and declaring an emergency. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
Mr. Humphrey made a motion to adopt RESOLUTION 2002-50 establishing new appropriation funds, dispensing with the second reading. Those funds being: 34 COPS-Federal, 35 COPS in Shops, 36 COPS in Schools, 37 Safe Roads, 38 Safe Communities, 39 Speed Grant, 40, Seat Belt Grant, 41 Homeland Security and 42 FEMA. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
Mr. Humphrey made a motion to adopt RESOLUTION 2002-51 disposing of surplus equipment and authorizing the sale of surplus equipment to another political subdivision and dispensing with the second reading. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
Mr. Duckworth recommended the Board consider having the residents of Miami Township nominate a candidate for the Salute to Leaders program. Mr. Humphrey made a motion to ask the residents of Miami Township to nominate a candidate from Miami Township for the Salute to Leaders program and set a deadline for nominations of January 3,2003 at 4:30 PM. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
William Knepp 826 St. Rt. 131 #33
Mrs. Wolff made a motion to go into Executive Session to discuss a Personnel Matter pursuant to ORC Section 121.22(G)(1).
Mr. Humphrey made a motion to come out of Executive Session. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
Disciplinary Hearing - Lieutenant Daryl Poe
Larry Barbiere, Attorney for Miami Township read the charges against Lieutenant Daryl Poe.
Michael Minniear, Attorney for Lieutenant Poe presented the case for his client.
The following personnel were called to testify. Each attorney and members of the Board asked questions. Lieutenant Daryl Poe. Police Chief R. Steven Bailey. Corporal Glenn Evans Police Clerk Jennifer Heideman
Mr. Humphrey made a motion to go into Executive Session for the purpose of discussing a Personnel Matter pursuant to ORC section 121.22(G)(1). Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
Mr. Humphrey made a motion to come out of Executive Session. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
Mr. Humphrey made a motion that the following discipline be instituted against Lieutenant Daryl Poe: One day suspension without pay to be scheduled by the Police Chief due to his misfeasance, non-feasance and neglect of duty in accordance with Ohio Revised Code 505.491 based upon the following Findings of Fact: 1. Lt. Daryl Poe is a police lieutenant with the Miami Township Police Department. 2. On September 23, 2002, Lt. Poe authorized Corporal Evans to travel to Somerset, Kentucky, and drove a Miami Township Police vehicle with Corporal Glenn Evans to Somerset, Kentucky, and back for the purpose of retrieving township keys and property belonging to Jennifer Heideman, a police department employee. 3. The trip took approximately 6 hours in which Lt. Poe and Corporal Evans were unavailable for their assigned duties to protect and service the citizens of Miami Township. 4. The trip to Somerset, Kentucky, was not for official purposes and was not approved by the Chief of Police. 5. The actions of Lt. Poe in approving the trip and traveling with Corporal Evans to Somerset, Kentucky, to retrieve a purse belonging to Jennifer Heideman were misfeasance, constituted a waster of Miami Township resources, were very poor judgment on the part of Lt. Poe, and impaired Miami Township in its ability to provided services to the community. 6. The actions of Lt. Poe in approving the trip and traveling to Somerset, Kentucky, with Corporal Evans violated the Miami Township Police Department procedures and Miami Township Personnel Policies and Procedures as set forth in the Notice of Charges to Police Lt. Daryl Poe signed by the Trustees on October 22, 2002. 7. The actions of Lt. Poe in approving the trip and traveling to Somerset, Kentucky, while on duty were non-feasance and neglect of duty in that neither Lt. Poe nor Corporal Evans was available to protect and serve the citizens of Miami Township during the approximately 6 hour time period during which they were traveling to and from Somerset, Kentucky. 8. Pursuant to Ohio Revised Code 505.491 and pursuant to the Miami Township Policies and Procedures, such discipline is warranted and appropriate and under the circumstances. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
With no other business to come before the Board, Chairperson Uecker adjourned the meeting at 12:15 AM.
ATTEST: _______________________________________________________ Eric C. Ferry, Clerk
_______________________________________________________ Joseph W. Uecker, Chairperson