MIAMI TOWNSHIP BOARD OF TRUSTEES

MARCH 16, 2004

The Miami Township Board of Trustees met in regular session on Tuesday, March 16, 2004 at 7:00PM. Chairperson Edwin H. Humphrey called the meeting to order. The Pledge of Allegiance was given. Reverend Jeff Metzger of the River Hills Christian Church gave the invocation. Miami Township Clerk, Eric C. Ferry called the role. Attending were Edwin H. Humphrey, Joseph W. Uecker and Mary Makley Wolff. Mrs. Wolff made a motion to approve the February 17th, February 24th and March 10th minutes. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

CORRESPONDENCE

Mr. Ferry read a notice of liquor license transfer from the Ohio Division of Liquor Control regarding Jarvco Investments Inc. to Jeffrey A. Hood DBA Jeffs Quick Stop at 367 Bridge Street.

PROCLAMATION and SPECIAL PRESENTATIONS

Mr. Uecker made a motion to adopt the following Proclamation declaring April 1, 2004 to be Retro Bill Day in the State of Ohio, Township of Miami and County of Clermont. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."

Sara Arson, Executive Director of the Milford-Miami Township Chamber of Commerce presented the Board with proposals for new gateway signs for various locations in the Township.

DEPARTMENT REPORTS

A representative for each department presented the Board with an overview of their departments' activities for the month of February.

OLD BUSINESS

Chairperson Humphrey opened the Public Hearing on Zoning Case #496-Richard Herzog. Mr. Ferry read the notice of Public Hearing, the Clermont County Planning Commission's recommendation to approve the request and the Miami Township Rural Zoning Commission's recommendation to approve the request. Miami Township Planning Director, Larry Fronk explained the case. Mr. Rick Herzog presented his case to the Board. There were no comments from adjoining property owners. There was no correspondence relative to the case. Mr. Fronk recommended approval of the request. Mr. Uecker made a motion to close the public portion of the public hearing. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE." The Trustees discussed the case. Mr. Uecker made a motion to approve the request to change the district from "R-2" to "B-2" with the recommendations of the Rural Zoning Commission. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."

Chairperson Humphrey opened the Public Hearing on Zoning Case #491-Neyer Properties. Mr. Fronk requested the Board continue the hearing on this case until the April 06, 2004 meeting. Mrs. Wolff made a motion to continue the Public Hearing on Zoning Case #491 until April 06, 2004.

Miami Township Administrator, David Duckworth notified the Board three bids were received for the Cemetery Lawn Maintenance contract. He recommended the Board accept the low bid of $29,250.00 from MAC Lawn Care & Home Maintenance, Inc. and authorize him to sign the contract on behalf of the Board. Mrs. Wolff made a motion to approve the recommendation and authorize Mr. Duckworth to sign the contract on behalf of the Board. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Uecker made a motion to pay the bills of the Township including 226 checks numbered 84081 to 84346 for a total amount of $1,307,583.06 plus payroll and payroll taxes for February 20th and March 05, 2004 in the amount of $562,406.32. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."

Mr. Duckworth recommended the Board re-hire Clarence "Bill" Gossett for the position of Seasonal Maintenance Worker at an hourly rate of $10.92. Mrs. Wolff made a motion to approve the recommendation. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Duckworth recommended the Board grant conditional employment to Steven Mark Floro and Barbara Vorwerck for the position of Recreation Instructor; to Heather Corbly, Robin Kennedy and Brooke Smith for the position of Recreation Assistant; and to Patty Hall and Gary Frank for the position of Seasonal Maintenance Worker. Mr. Uecker made a motion to approve the recommendations. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."

Mr. Duckworth recommended the Board grant final employment to Bruce Burnetti for the position of Recreation Instructor, effective March 17, 2004 at an hourly rate of $13.00. Mr. Uecker made a motion to approve the recommendation. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."

Mr. Duckworth recommended the Board approve the following out-of-township travel requests; Brian Gualt and Dana Smith to attend the State Fire School in Bowling Green, Ohio from May 9 to May 14, 2004 at a cost of $1,600.00 and to send Jason Peng to the National Emergency Airway Conference 2004 in Dallas, Texas from April 23 to April 25, 2004 at a cost of $1,418.00. Mrs. Wolff made a motion to approve the out-of-township travel requests. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mrs. Wolff made a motion to adopt RESOLUTION 2004-04 amending the Township's 2004 Annual Appropriations, 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 request from Sprint Communications to allow Cingular Wireless to co-locate on their tower. The Township will receive $424.87 per month for the co-location. Mr. Uecker made a motion to approve the request from Sprint Communications to allow Cingular Wireless to co-locate on their tower at Paxton Ramsey Park. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."

Mr. Duckworth advised the Board that the Police Department has received a request from the Fayetteville Police Department for the purchase of surplus radar equipment. Mr. Duckworth recommended the sale price of $100.00. Mrs. Wolff made a motion to approve RESOLUTION 2004-02 to sell surplus radar equipment for $100.00 to the Fayetteville Police Department. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Uecker made a motion to approve RESOLUTION 2004-03 extending the contract for a street lighting system for Belle Meade, Section 5/6, dispensing with the second reading and declaring an emergency. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."

Mr. Duckworth advised the Board that the Township is in receipt of a petition for the establishment of a street lighting district for Hunt Club, Section 7B. He recommended the Board initiate the process to establish a street lighting district for Hunt Club, Section 7B by scheduling a public hearing for this proposed lighting district on April 20, 2004 during the regularly scheduled Trustee meeting. Mrs. Wolff made a motion to approve the recommendation. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Uecker made a motion to modify the Rules and Regulations of the Leming House to eliminate the rental of the facility by non-residents even if employed in the Township and to change the wording to allow non-resident Township business owners' to rent the facility as long as they attend the event. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."

Mr. Duckworth requested the Board grant approval for him to sign the following contracts on behalf of the Board; Cross Roads Talent Agency, Inc. for Midsummer Entertainment at a cost of $1,200.00 Mrs. Wolff approved the request. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE." Ultrasound Special Events, Inc. for Midsummer Inflatables at a cost of $11,050.00. Mr. Uecker made a motion to approve the request. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE." State of Ohio, Department of Natural Resources for License to use Miami Scenic Trail for Gateway Plaza at a cost of $1.00. Law Director, John Korfhagen reviewed the license document. This item was tabled until a later date.

Mr. Duckworth requested the Board approve to advertise for bids for the Sugar Camp Road and Happy Hollow Road Bank Stabilization Projects. Mr. Uecker made a motion to approve advertising for bids for 1. The Sugar Camp Road Bank Stabilization Project and 2. The Happy Hollow Road Bank Stabilization Project. Bids to be opened April 19, 2004 at 2:00PM. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."

Mr. Uecker made a motion to set a Special Meeting for April 7, 2004 at 7:00 PM for a Public Hearing of Zoning Case #492-John Hueber and 8:00 PM for a Public Hearing of Zoning Case # 498-Ron Roberts and any other business that may come before the Board. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."

PUBLIC COMMENT There were no comments.

Mr. Uecker made a motion that after a brief recess the Board go into Executive Session to discuss purchase of property for public purposes pursuant to Section 121.22(G)(2) of the Ohio Revised Code, to discuss pending or imminent litigation pursuant to Section 121.22(G)(3) of the Ohio Revised Code, and to consider the employment, compensation and discipline of a public employee pursuant to Section 121.22(G)(1) of the Ohio Revised Code. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE." Mrs. Wolff 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 authorize counsel to sign the consent decree to settle the Grammas lawsuit. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE." Mr. Uecker made a motion to approve a three-year extension of the contract with special counsel, Larry Barbiere. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE." Mr. Uecker made a motion to approve discipline of Sherrie Henslee for violation of Township policy. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."

With no other business to come before the Board, Chairperson Humphrey adjourned the meeting at 9:33 PM.

ATTEST: _________________________________________ Eric C. Ferry, Clerk

_________________________________________ Edwin H. Humphrey, Chairperson