The Washington Township Board of Trustees met in Regular Session on December 7, 2009, at 7:30 p.m. at the Washington Township Government Center, 8200 McEwen Road. President Snyder opened the meeting and led the Pledge of Allegiance.
MINUTES OF PRECEEDING MEETINGS
It was moved by Mr. Berry, seconded by Mrs. Young, that the Board approves the pre-meeting minutes and the minutes of the Regular meeting held November 16, 2009, and the Workshop held November 23, 2009.
Vote on Motion: Berry, aye; Young, aye; Snyder, aye. M2009-379
FISCAL OFFICER’s Business
Year-to-Date Income/Expense Report
The Trustees have requested that a Year-to-Date Income/Expense Report be presented on a monthly basis. As of November 30, 2009, Washington Township has collected from all funds $24,773,862.76, and has dispersed in all funds $20,952,022.15, for a positive cash carryover of $3,821,840.61.
2010 Tax Advance Request
Each year, the Township has the ability to ask the Montgomery County Auditor to advance monies collected on taxes to Washington Township. This will result in Washington Township receiving approximately $10 million dollars one or two months earlier than normal.
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves the Auditor of Montgomery County to issue a warrant upon the County Treasurer of said county in favor of Washington Township, which shall be held and treated as an advance payment on the current collection of taxes due to said Township at the insuring settlements in 2010, as provided by law.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-380
PROCLAMATION: Mitchell Snyder
Mitchell Snyder went to China over the summer. He talked about his experience. One of the things he found interesting was that when you hand something to the Chinese people, like money, it is always with two hands, instead of one. He found it amusing that when he returned to the United States, he handed his passport to a guard with both hands and received a weird look. It took 24 hours to arrive in China, including the 12 hour time difference. They also went to Beijing, Xi’an, Shanghai, Wuhan and Hong Kong. His favorite city was Shanghai.
A proclamation was read by Mr. Snyder to Mitchell Snyder to congratulate him for being named a student ambassador; to recognize him for fostering understanding between countries and cultures; and to commend him for honorably representing his school, his community and the United States.
proclamation: Shannon Fillingim
Ms. Fillingim indicated that the most important thing she did on the trip to China was to keep a journal. At the end of the trip, they wrote in their journals how their trip to China affected them. The best part of the trip for her was being able to use her Chinese language skills and finding out how interested the Chinese people were in Americans and learning how friendly the Chinese people were. She commented on the impact the differences in customs and culture had on her, yet how much we are the same. She hoped to persuade Americans to become eager to learn about other cultures the same way that the Chinese people are eager to learn about America.
A proclamation was read by Joyce Young to Shannon Fillingim to congratulate her for being named a student ambassador; to recognize her for fostering understanding between countries and cultures; and to commend her for honorably representing her school, her community and the United States.
proclamation: Eagle Scouts
A proclamation was read by JoEllen Scott to Devin Burke to congratulate him on fulfilling the requirements for his advancement to Eagle Scout and to thank him and other members of his troop for their contributions to the community. For his Eagle Scout project, he built a footbridge and two benches and cleared a pathway to them in Bill Yeck Park. He commented that his father and two brothers are Eagle Scouts, too, and that he is honored to follow in their footsteps.
A proclamation was read by Tom Zobrist to William F. Irwin to congratulate him on fulfilling the requirements for his advancement to Eagle Scout and to thank him and other members of his troop for their contributions to the community. For his Eagle Scout project, William built dog agility course obstacles for Oak Grove Park on Social Row Road.
A proclamation was read by Jesse Lightle to Brandon W. Letcher to congratulate him on fulfilling the requirements for his advancement to Eagle Scout and to thank him and other members of his troop for their contributions to the community. For his Eagle Scout project, Brandon led a group of boys, working over 338 hours, to build two mini-log cabins at the new Centerville Primary Village South K-1 School.
A proclamation was read by Dale Berry to Robert Peterson to congratulate him on fulfilling the requirements for his advancement to Eagle Scout and to thank him and other members of his troop for their contributions to the community. For his Eagle Scout project, Robert designed and constructed an outdoor classroom at Centerville Primary Village North. It took about 130 man hours. He indicated that his grandfather also attained his Eagle rank in 1951 and later earned his Silver Beaver Award.
Citizen Concerns
None
Zoning Commission Re-Appointment
Mr. Larry Anderson has completed his term as a Zoning Commission member and has expressed an interest in serving another five-year term. Mr. Anderson is a retired architect and has contributed greatly to the work of the commission during the last five years. The Trustees expressed their appreciation for his willingness to continue serving.
It was moved by Mr. Berry, seconded by Mrs. Young, that the Board appoints Larry Anderson, Washington Township, to a five-year term on the Washington Township Zoning Commission, effective January 1, 2010, and ending December 31, 2014.
Vote on Motion: Berry, aye; Young, aye; Snyder, aye. M2009-381
Zoning Case Z-692 The Springs, Section II
The applicant is requesting to rezone approximately 21.52 acres from Agricultural (A) to Residential (R-4). This property is located just east of the Winding Creek Development, along the east side of State Route 48, and south of Social Row Road.
JoEllen Scott, Deputy Administrator, made a staff presentation. She indicated that the applicant is VWC Holdings, Ltd. The project is The Springs, Section II, and the project is located on the east side of Dayton-Lebanon Pike, just south of Social Row Road. Her slide presentation included a Township Zoning & Vicinity Map, an aerial photograph, a Create-the-Vision – Proposed Land Use Plan, an existing layout, a proposed layout under R-4 zoning, and site photographs. She indicated that the request is for a reclassification from Agricultural zoning to Residental R-4 zoning.
The project is located in the southeast quadrant of the Township and is adjacent to the Villages of Winding Creek. It is considered part of the larger Winding Creek development. The property is part of a larger parcel that extends south into Warren County. They are proposing to divide off the 21.52 acres.
Under the current agricultural zoning, the minimum lot size is 45,000 square feet, with a minimum of 150 feet of road frontage. The proposed R-4 zoning would allow a minimum lot size of 20,000 square feet and a minimum frontage of 110 feet. The current plat contains 19 lots and the pending request shows 28 lots.
Surrounding land uses are Agricultural to the north, the south is zoned R-4, along the east is Planned Development Residential, and the west is a combination of Agricultural, R-4, R-5, and PD-B2. The staff review indicated that the proposed Section II of The Springs is compatible with the surrounding developments. The lots would likely be substantially smaller than those in the Agricultural zoning, which is the Springs, Section I, but not necessarily out of character with that development and other surrounding developments. The applicant’s proposal includes 28 homes under R-4 zoning versus 19 lots that could be built under the Agricultural zoning. In the staff review, it was not considered significant enough to impact traffic and the general development of the area.
The Montgomery County Planning Commission met on November 12, 2009, and recommended approval of this case. Their comment was that it was consistent with the Comprehensive Plan and existing development in the area.
The Zoning Commission met on November 17, 2009, and recommended disapproval of this request with a vote of 3-0.
Mr. Snyder indicated that his company has sold products to the applicant in the past. He also indicated that he has no pre-determined contracts or agreements at this time and sees no conflict of interest that would prohibit him from voting on this case.
Mrs. Young asked for clarification on the Create-the-Vision – Proposed Land Use Plan slide. Ms. Scott indicated that this was the land use map for future development. It is part of the Create-the-Vision document. This proposal falls into the Single Family – Residential and rural conservation category.
David Oakes, VWC Holdings, Ltd. and Design Homes, represented the applicant. His presentation included a Current Layout, a Washington Township Zoning Map, Township Map with Neighborhood Overlay, The Springs Section II Current Layout, and The Springs Section II Revised Layout.
Mr. Oakes indicated that he was aware of letters received by the Township in favor of the development. One letter, in particular is from an adjacent Chelsea Trace property owner that is east of this development. The letter indicates that granting this request would prevent future conflicts of use should the “A” zoned property be utilized in a more intensive agriculture use, such as a livestock or dairy farm. According to Mr. Oakes, if it stays agricultural, there is nothing to say that it will develop into lots that could be used for farming, which is not compatible with the adjacent lots to the east.
Mr. Oakes indicated that one of the questions that came up at the Zoning Commission meeting was concerned storm water drainage. There is a creek that runs through the development and a gentle slope that runs east to west. With the development of this property, they would collect all of the storm drainage into an enclosed storm sewer system that would be treated and would end up in the adjacent creek. He gave his assurance that there would not be a concern with storm water.
Mr. Snyder asked where the runoff that people were concerned about was occurring. Mr. Oakes indicated that there is a pond in the rear of Ashbrook. With this development, Mr. Oakes reiterated that all of the storm water would be collected in an enclosed storm water system and would end up in a creek in the western portion of the development.
Mr. Berry asked if reducing the size of the lots compromised the size of the houses. Mr. Oakes responded that there would be no change in product. He indicated that they are starting to sell homes in Springs I, which is a Design Homes product. That product, according to Mr. Oakes, would fit on either a 45,000 square foot lot or on a 20,000 square foot lot.
Mrs. Young asked if the homes would meet the minimum requirement for brick. Mr. Oakes responded that they would.
Mrs. Young asked about the creek and the rural character. Mr. Oakes indicated that the creek will remain a natural feature. He indicated that they have no intention to disturb it. Additionally, he indicated that they intend to maintain the woods around it. In the Warren County portion of the creek, the creek is an amenity for the development and is where the clubhouse will sit. There is also an extensive walking path that runs parallel to the creek. There are about 140-150 acres of open space to the development; and most of it is adjacent to the creek, which the people of all of the Villages of Winding Creek would enjoy in its natural state.
Mrs. Young asked about sidewalks. Ms. Scott indicated that any discussion of sidewalks would be in a planned development and this case is about zoning.
Ms. Young commented on the straight road. She indicated that it seemed to her that the area became more secluded-looking with the curve being taken out of the road. Mr. Oakes indicated that a short cul-de-sac would be constructed.
Mr. Snyder asked where the fire hydrant in the middle of a vacant field was located on his map. Mr. Oakes indicated that it is located in The Springs, Section I.
Mr. Oakes indicated that it was his understanding that a letter of recommendation for approval from the church and from the only home that is constructed in The Springs, Section I, was received by the Trustees. Mrs. Young confirmed that three letters were received. Mr. Snyder added that one was from the Centerville Grace Brethren Church, one was from David Marshall on Meadow Hawk Court, and the other was from Tim Helm on Willow Brook.
Mrs. Young asked about connectivity. She asked if the hiking trail will go around the creek so that people can go up Social Row Road. Mr. Oakes responded that the church has a lake, a gazebo and an asphalt walking path around the lake. While this path is owned by the church, residents of Winding Creek are able to utilize it. There is also a sidewalk system on both sides of Cold Springs Drive that would take you through the development.
In response to Mr. Snyder’s question, Mr. Oakes responded yes that they would like to start rather quickly. They would like to construct more lots, based on the activity that has occurred in The Springs, Section I.
Debbie Schick, 10749 Creek Stone Court, requested the Trustees to abide by the unanimous decision of the Zoning Commission and the Create-the-Vision objectives and decline the developer’s request for a higher density development.
Mr. Snyder responded that the Trustees heard the same comments about open space concerning the area where Ms. Schick currently resides. He indicated that her development turned out to be very nice; however, he also recognized that this is a concern of many. Ms. Schick interjected that there is a market for selling one acre lots here and she did not understand why they needed higher density. She attended many meetings with Beazer Homes when they were attempting to develop 610 acres and make it 1,000 homes and condos. At that time, the concern was the same as now. She commented that Washington Township has very little developable land and all of it is getting tighter and tighter with higher densities and less open land. She would rather see one acre lots instead of half acre lots. She believes that this land was purchased, knowing that it was zoned Agricultural and believing they could make a profit. The difference is only ten homes. She asked to keep some minimum one acre lots in Washington Township. She asked if anyone could show her any other one acre lots available in Washington Township.
Mr. Snyder responded that one acre lots are not selling. Ms. Schick disagreed. She indicated that their sell rate is better on the one acre lots than on the half acre lots. They sold 6 out of 16 of their one acre lots.
Gary Balonier, 10725 Creek Stone Court, indicated that Debbie Schick expressed just about everything he wanted to express. He had two requests for the Trustees. He asked them to abide by the recent decision and recommendation of the Zoning Commission and asked the Trustees to continue to represent the wishes and expectations of the Washington Township residents and the community for lesser density, larger lots, and not to approve the plans of local and/or national builders or developers who, in his opinion, change their positions on a whim , which are not in the best interests of the Township or its residents.
Kirk Himmelberg, 10733 Creek Stone Court, asked the Trustees not to rezone. He also indicated that he liked the idea that Washington Township has some large private lots. When he moved into the Township, he was looking for privacy. Moving was a big deal to him and he brought four businesses with him. He even brought one of his best friends into the Township with his company. He indicated that he is fine with 40,000 square foot lots. He indicated that there are a lot of half acre lots, but not many pockets like this and he wanted to keep it this way. The last time his home was appraised by Montgomery County, it dropped by over $90,000. He believed, however, that it would come back some day. He is concerned, however, that this development would keep it from coming back. He wants the Township to stick by prior decisions and leave one pocket of the Township for the estate homes.
Jeff Sawdey, 10951 Cold Springs Drive, indicated that his lot is located in The Springs, Section I, and is on a one and a half acre lot. He indicated that he is fully aware of the ramifications of reducing the lot size in The Springs, Section II. He indicated that he has no problems with it. He also indicated that he was not sold a bill of goods by Design Homes that all of the lots were going to stay one acre or an acre and a half. He knew that they might change. He did not want to see condos go up, but a few more homes would provide work for some families to build these homes.
Mr. Snyder closed the public hearing.
Based on the assurance that the same look and the same type of houses were going to appear on the lots, even though there may be a few more of them, and based on County and staff approval, he recommended approval.
Mrs. Young indicated that she was pleased that the rural character would be maintained. As long as the rural character is maintained, she believed the Create-the-Vision ideal was being followed.
It was moved by Mr. Berry, seconded by Mrs. Young, to rezone approximately 21.52 acres of land located just east of the Winding Creek Development, along the east side of State Route 48, and south of Social Row Road from Agricultural (A) to Residential (R-4) .
Vote on Motion: Berry, aye; Young, aye; Snyder, aye. M2009-382
Roll Call: Snyder, aye;
Young, aye;
Berry, aye.
OTA Winter Conference
The Ohio Township Association’s Winter Conference is being held February 17, 2010, through February 20, 2010, in Columbus, Ohio. At this time, staff is requesting permission for the elected officials to attend the conference.
It was moved by Mr. Berry, seconded by Mrs. Young, that the Board authorizes expenditures for the elected officials to attend the OTA Winter Conference from February 17, 2010, through February 20, 2010, in Columbus, Ohio
Vote on Motion: Berry, aye; Young, aye; Snyder, aye. M2009-383
Departmental Business
general
Adoption of 2010 Budget
In accordance with Section 505.32 of the Ohio Revised Code, the proposed 2010 Budget is hereby presented to the Trustees. The budget data comes from expenditure information shown in the 2010-2014 Financial Plan, as well as staff projections on personnel and operating costs. Staff and elected officials have conducted meetings this year and reviewed the proposed budget line by line.
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board adopts the 2010 Budget of Washington Township, Montgomery County, Ohio, dated December 7, 2009.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-384
Wright Flyer Monument
Washington Township, along with other jurisdictions in the region, has been asked to support a Wright Brothers symbol of heritage at the I-70/I-75 interchange.
It was moved by Mr. Berry, seconded by Mrs. Young, that the Board approves the Resolution to Support the Wright Flyer Monument.
Vote on Motion: Berry, aye; Young, aye; Snyder, aye. R2009-031
Change Order
Included in the 2010-2014 Financial Plan is the installation of carpet in the Finance Department. With contractors on site now, with the renovation of the Government Center, replacement in 2009 is more efficient.
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves a change order to I.F. Weber Co., LLC, Dayton, Ohio, for the approximate amount of $6,500, to replace the carpet in the Finance Department area.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-385
Flexible Benefits
Washington Township offers a flexible benefits spending account for all full-time employees and eligible part-time employees. This benefit allows employees to set aside monies for health care and child care expenses using pre-tax dollars. The current maximum yearly amount allowed for the health care portion of the plan is $3,900 and $5,000 for the child care portion of the plan. The monies are collected out of the participating employees’ bi-weekly paychecks.
It was moved by Mr. Berry, seconded by Mrs. Young, that the Board approves the yearly withholding for the Township’s flexible spending account in the amount of $3,900 for health care and $5,000 for child care for 2010.
Vote on Motion: Berry, aye; Young, aye; Snyder, aye. M2009-386
Purchases
Staff has located a company to create a professional display of photos of past trustees and fiscal officers and other historical information to hang in the Government Center meeting room.
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves the purchase of a display system for the pictures and information relating to past trustees and fiscal officers from Partners In Recognition, Inc., Ft. Loramie, Ohio, for the total approximate cost of $4,309, which includes preservation of the elected officials’ photos.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-387
Funding is needed to print Township letterhead, envelopes and business cards.
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves an additional $600 for printing through The Print Center, Miamisburg, Ohio.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-388
Police
Due to technological changes, the 12 in-car mobile radios mounted in patrol cars are in need of rebanding and upgrading. Nextel is contributing funds for this project. The Montgomery County Sheriff’s Office is coordinating the entire project, working with Radio Repair. This is a 2009 budgeted item for $20,000. The contribution by Nextel resulted in a greatly reduced cost savings to Washington Township for a total approximate cost of $6,732.
It was moved by Mr. Berry, seconded by Mrs. Young, that the Board approves rebanding and upgrading 12 in-car mobile radios through Montgomery County, using Radio Repair, for a total approximate cost of $6,732.
Vote on Motion: Berry, aye; Young, aye; Snyder, aye. M2009-389
Public Works
Public Works
Final plans are near completion for Paragon Road improvements. Right-of-way acquisitions are now needed for this project.
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board authorizes the signing authority for the contract of sale and purchase of real property to the Township Administrator.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-390
Engineering Services
Bridge and culvert extensions are needed for the improvements of Paragon Road. Engineering costs are proposed by CESO.
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves CESO, Dayton, Ohio, to complete bridge and culvert plans for Paragon Road for the approximate cost of $32,700.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-391
Median Mowing
Due to the mild spring and summer months this year, more frequent mowing of Township medians was necessary.
It was moved by Mr. Berry, seconded by Mrs. Young, that the Board approves an additional $4,705 for the mowing of the Township medians for the 2009 season.
Vote on Motion: Berry, aye; Young, aye; Snyder, aye. M2009-392
Paint Striping Services
Montgomery County has contracts for their paint striping and crack sealing programs. Washington Township has participated in these contracts in previous years. Montgomery County Engineers recently restriped the Township’s roadways. The total cost of striping was $5,280.
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves the payment of $5,280 to Montgomery County Engineers for paint striping services.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-393
TOWNSHIP ADMINISTRATOR’S REPORT
Ms. Lightle announced that Woodland Lights opened on Friday, December 4th. It was a great weekend and she expressed her hope that all of the Township residents will be able to come out to Woodland Lights.
Ms. Lightle also read two thank you letters from third graders from Stingley Elementary School who toured the Township.
CHECK REGISTER APPROVAL
The O.R.C. requires purchase orders that are created after the invoice date for goods and services to be certified by the Fiscal Officer that a sufficient sum was appropriated and free of any encumbrances (Then and Now Purchase Orders). If the amount is greater than $3,000.00, the Board must authorize payment.
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves the following Then and Now purchase(s) for payment:
Vendor PO # Amount Approved Monthly Vendor
Decorative Concrete 47102 $3,940.75 No
AT&T Global 47157 $10,500.00 No
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-394
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves the Regular Check Register dated December 7, 2009, in the amount of $241,735.82, said amount having been certified and appropriated.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-395
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves the Recreation Refund Check Register dated December 7, 2009, in the amount of $374.00, said amount having been certified and appropriated.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-396
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves the Special Check Register dated November 23, 2009, in the amount of $54,767.51, said amount having been certified and appropriated.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-397
Trustee Comments
Mrs. Young thanked everyone at the Rec Center for their hard work in getting Woodland Lights ready to open.
Mr. Snyder indicated that he went to Woodland Lights last night and said it was outstanding.
ADJOURNMENT: 8:59 P.M.
All formal actions of the Board of Trustees of Washington Township concerning and relating to the adoption of resolutions and/or motions passed at this meeting were adopted in an open meeting; and of any of its committees resulting in such formal action, were in meetings open to the public, in compliance with the law, including Section 121.22 of the Ohio Revised Code.
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President
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Fiscal Officer