The Washington Township Board of Trustees met in Regular Session on September 14, 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 Mrs. Young, seconded by Mr. Berry, that the Board approves the pre-meeting minutes and the minutes of the Regular meeting held August 17, 2009.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-296
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 August 31, 2009, Washington Township has collected from all funds $20,811,199.80, and has dispersed in all funds $14,168,203.76, for a positive cash carryover of $6,642,996.04.
Proclamation-Normandy Cleaners
Jeff Weingartner stated that Normandy Cleaners has been in business for close to thirty years. He indicated they also own Majestic Cleaners and Crown Cleaners, each of which have also been in business for close to thirty years. He and his wife, however, have only run the businesses for the last ten years. He introduced his wife, Laura Weingartner, and their son, Joey.
He indicated that they used to use the drycleaning process that most cleaners use, which used perchloroethylene, a hazardous chemical. They have been one of the first in the Dayton area to switch to an alternative solvent that is more environmentally friendly. It is called hydrocarbon cleaning, which uses a petroleum-based chemical instead of the hazardous waste, man-made chemical.
Mrs. Weingartner indicated that they looked at cleaning processes very thoroughly. The new cleaning machine itself is probably twice the cost of a machine that uses a conventional method of cleaning. They made the switch for their fellow citizens, their employees, their customers, their children and for their children’s grandchildren.
A proclamation was presented by Mr. Snyder, proclaiming that Normandy Cleaners be recognized for its energy conservation efforts, for its dedication to its customers, and for its commitment to maintaining a safe and clean environment in Washington Township.
Proclamation-National Preparedness Month
Mrs. Young read a proclamation in honor of National Preparedness Month 2009. The proclamation encouraged all citizens and businesses to develop their own emergency preparedness plan.
It was moved by Mrs. Young, seconded by Mr. Berry to approve the above-mentioned proclamation.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. P2009-013
Citizen Concerns
Bob Kyvik, 2555 Goodfield Point, commended the EMS Department. Several weeks ago he called 911 and EMS personnel came out and took him to the hospital. He called the vehicle that took him to the hospital a truck. Mr. Kyvik indicated he was in a lot of pain and “the truck” probably hit every hole and rut in the street. However, he indicated they arrived in good time and the EMS personnel did a nice job. He suggested putting dampeners on all new gurneys. With the technology we have today, he believes there should be a way to cushion the gurney.
Chris Kremer, 10177 Sheehan Road, indicated that he has lived there for about ten years. He and his young son were out shooting weapons on August 23rd. The Centerville Police department came out and informed them that they could not do that. The Centerville Police were escorted by two Deputy Sheriffs. They all went down and looked where Mr. Kremer and his son were shooting. According to Mr. Kremer, the two deputies seemed to believe it was okay and safe. The Centerville police, however, did not like it one bit. One of the deputies negotiated with the Centerville policemen and suggested that the angle be changed so that the Kremers would not be shooting directly towards the golf course. He indicated that 13 people from the golf course had called and said they were fleeing for their lives. According to Mr. Kremer, they said that bullets were flying over their heads and an ex-military guy was their star witness. Mr. Kremer agreed to move his shooting range in a different direction. A couple of hours later, however, the Centerville police came back with two summonses for court, one for inducing panic and the other for disorderly conduct. He indicated that the reason he came to the Trustee meeting is to understand why and how they can do this. He is concerned about his rights and for the rights of anyone else who thinks they can shoot their guns in Washington Township.
Mr. Berry asked Mr. Kremer if his property is located in the incorporated portion of the Township. Mr. Kremer indicated that he is only in the Township.
Mr. Snyder asked Captain Osterfeld if she had anything to add. Captain Osterfeld said that she did not have anything to add at this time since it is going to court. She explained that the Ohio Revised Code states that disorderly conduct is when a person causes an inconvenience or annoyance or alarm to someone else. That inconvenience, annoyance and alarm did occur on Yankee Trace’s property and induced panic. This is something that Mr. Kremer will have to deal with in court. She also stated that the offense occurred in Centerville since that is where the alarm and panic took place.
Mr. Kremer asked about the noise ordinance. Captain Osterfeld indicated that violation of the noise ordinance occurs when you are interrupting the peace and tranquility of someone on their property or when noise goes beyond your property. An officer will usually come out first and gives a warning; but, if the violation continues, a person can be cited.
In response to Mr. Kremer’s questions, Captain Osterfeld indicated 1) that the 13 people on the golf course would be the plaintiffs; 2) he would have to be able to shoot his gun safely so that the rounds stay on his property (the rounds cannot go on someone else’s property or cross the roadway); and 3) if a neighbor would call in and complain, he would be told to stop; and if he didn’t stop, he would be cited.
Steve Ribbit, 116 Shadybrook, called the Township and talked to someone in zoning concerning property neglect. He asked about a particular property in his neighborhood. The person he talked to knew the address immediately, even before he was able to give it to him. Mr. Ribbit was told that the Township cuts the yard when the grass gets eight inches high and has been cutting it every month. He went out and measured the grass and it was 11-12 inches tall. Since he was told that it was cut two weeks ago, Mr. Ribbit concluded that it would not be cut again for another two weeks. It is a vacant house and it has been vacant for two years. He
asked who made the rule that it is to be a certain height and why can’t it be cut when it needs to be cut. Mr. Ribbit indicated he was also told that the Township knows who owns the property at 622 Flemington, but cannot track the owner down.
Mrs. Young responded that the Township is responsible for the rule of eight inches. It was changed from 12 inches four or five years ago to 8 inches. She also indicated that there is no rule about the frequency. She indicated that the zoning resolution is reviewed annually and that this matter would be taken into consideration.
Ms. Lightle informed Mr. Ribbit that the Township’s records would be checked to see the dates that the yard was cut. She would then have staff get with him to discuss the frequency.
Zoning Case Z-588 L Epiphany Lutheran Church
Mr. Snyder stated that, in the past, his company has furnished Oberer Construction Company materials. He has no interest in the following zoning case and has no pre-contracts or agreements with the Oberer Construction Company; therefore, he has no conflict of interest that would prevent him from voting on this case.
A request for Second Stage approval of a Planned Development Residential (PD-R) has been received for approximately 16 acres at the southwest corner of Sheehan and Social Row Roads, to include a church and recreational facilities. The Zoning Commission has reviewed this request and forwarded their recommendation for approval.
JoEllen Scott, Deputy Administrator, made a staff presentation. Her slide presentation included a Zoning & Vicinity Map, an aerial view of the site, First Stage PD-R Approval—Washington Trace,
a proposed Master Plan, proposed Phase I plans, elevations, a building floor plan, building renderings, a proposed entrance sign, and photographs of the site.
Ms. Scott indicated the site is part of the Washington Trace development, which was approved. This particular proposal involves a single-story brick building of about 7,500 square feet for church use. The building will include a worship center/social hall, some classroom areas, public restrooms and a small food service area. Additional development on the site for active recreational areas includes four soccer fields, four sand volleyball courts, a softball diamond and a small playground area. The applicant submitted two site plans. One is their long-range plan and one is for now. The building will be brick with shake siding. They are trying to continue with the architecture of the existing Washington Trace clubhouse. Ms. Scott pointed out the door, which is similar to a residential garage door. This is a loading space. She also pointed out a rolling aluminum window. This window is above a patio so that they can do concessions during games and during other active recreational activities. The floor plan for the building shows that it will be predominately used for worship space. There are classroom areas and the restrooms will have an outside access so that the active recreational people can have access to the restrooms. There is also an open shower area. This is so that sand from the sand volleyball court can be washed off. The kitchen is not a full-service kitchen. It will be mainly used for keeping food warm until it is served. The renditions show the cedar shake siding and brick building. The fencing proposed will be dark vinyl-coated fencing, picking up the same elements from the Washington Trace clubhouse area. They are proposing a sign at the Sheehan Road entrance. There will be a LED message center, which is addressed in the new sign regulations. The applicant understands and is willing to comply with the sign restrictions. The regulations only allow the message to change once every 20 minutes so that it is not flashing and creating traffic problems.
The Zoning Commission heard this case at their August 18th meeting and approved it with a modification that the applicant agrees to the size restriction of 80 square feet on the entranceway sign.
Mr. Berry confirmed that the seats in a specific area of the building were removable since the information presented indicated that it could hold 250 seats or 100 seats for banquets.
Mr. Snyder asked about the number of entrances. Ms. Scott responded that there will be an access point to Sheehan Road, and in their long-range plan they are showing a connection to Paragon Road.
Mr. Berry asked about landscaping along Sheehan Road and Social Row Road. Ms. Scott indicated that they have complied with the landscaping requirements. The Zoning Commission discussed for some time the north end of the property where no landscaping is shown on the private property. The Zoning Commission decided that since the road improvements are so far in the future and since the development is also far in the future, they were satisfied to leave the landscaping as it is now proposed, recognizing that as the road improvement project and the long-range plan proceed, the issue would be re-addressed. Ms. Scott also pointed out that, for now, there will be open soccer fields; you will not be seeing buildings or parking lots from the street.
Mrs. Young asked about lines on the drawing and asked if this denotes sidewalks. Ms. Scott confirmed this and responded that they have incorporated a walking path on their property that will interact with the trails going onto Social Row Road and Sheehan Road. They will not be concrete, but will be an asphalt strip. In response to Mr. Berry’s question, Ms. Scott confirmed that it would pick up the asphalt walk that exists in front of the entrance to the Washington Trace housing development at Aaron Nutt Drive. Mrs. Young ask how wide the strip would be. Ms. Scott received confirmation from the applicant that it is ten feet wide on Social Row Road.
Pastor John Bradosky indicated he was the senior pastor at the Epiphany Lutheran Church. He indicated that this is a second campus for them. They entered an agreement about three years ago with the congregation in the Springboro area to develop an additional site at this end of town, where there is growth and development. This was an opportunity for them to do what they called “an added value addition” by doing things at this property that they could not do at their current location and to add things to their problematic and ministry elements that they could not do elsewhere and also to extend their influence and opportunities for serving the needs of others in the community through a variety of ministries. They took a look at the demographics for this area and what people said they needed or are looking for as opportunities for first stages of involvement and for building relationships. Sports and recreation came across as the number one issue in addition to supporting families with children. They want to make sure that the people in the community know that the church will not be using the fields all of the time and that they also have access to the fields and playground areas. The church hopes it is a resource that will strengthen the community by virtue of their involvement. Pastor Bradosky indicated that they believe it is an opportunity for the church to develop relationships and help people grow spiritually as they are engaged in activities. He indicated that they are looking forward to a great working relationship with the people in Washington Township.
Mr. Berry thanked Pastor Bradosky and indicated that the Township has a well-qualified Zoning Commission. He knows they spent quite a bit of time reviewing this case and congratulated them on approving this case. Pastor Bradosky commended the Zoning Commission, too. He said they were supportive and helpful from beginning to end. The Commission gave them ideas and suggestions that improved what they had and they ended up being in their final product.
Mrs. Young asked Pastor Bradosky when the trails would be constructed. Pastor Bradosky indicated that part of it has to do with the finished development of Paragon Road. The trail will not be completed until Paragon Road is completed because putting anything there now would be temporary and would probably have to be ripped out when they finished the construction of the road. They are operating within a two-year window of getting all of Paragon Road completed as well as the work on Sheehan Road. The County is stipulating the wide and composition of the utility and bike path along Social Row Road. That is where he got the dimension of ten feet. In the event of utility failure, the path could be used to move equipment along the path. It tapers down when it moves along Sheehan Road and slightly along Paragon Road.
Greg Smith, Oberer Companies, indicated there are asphalt trails currently installed along Sheehan Road and these trails will connect into it. He, too, expressed his appreciation of the Zoning Commission. He indicated they made sure that the future development blended well with their development. He is proud to have Epiphany as one of their new customers. He believes they will be a fine addition to the community and are even better than what they had hoped for when they originally laid out the development.
Bob Kyvik, 2555 Goodfield Point, asked if schools and churches were exempt from the requirement to widen roads along their property. He referred to a church on Spring Valley Road where the road did not get widened, which he believed was terrible. He asked if this property had stayed with Oberer and he put in housing, would he have been required to widen Sheehan and Social Row Roads. Mr. Kyvik was told that this was correct. Mr. Kyvik concluded that the expense to widen the roads would be at the expense of the taxpayers. Mr. Snyder told him that this could be debated, but that he was probably correct. It could be the responsibility of the builder, the County or the Township.
Mr. Berry added that the entire Master Plan for this property has always been for this use. It has never been Residential.
Mr. Kyvik believed the Trustees should look at the zoning laws. He believes taxpayers should not have to pay for the widening of those roads.
Mr. Smith indicated that Oberer is covering the cost of the road widening. He indicated that widening Social Row Road benefits Oberer as well as the County; therefore, they both agreed to pay half and Washington Trace accepted an assessment in Phase I of their project. The assessment would be on their property and would pay for their half of the widening of Social Row Road. This means that when Social Row Road is finally designed, Oberer and their property owners are all aware that they are accepting the assessment to pay for their half of the widening. He noted that the Paragon Road extension was put in at their own expense and meets County standards. The Paragon Road extension from where it leaves off at Orville Street up to Social Row Road will also be done at their own expense. This will be done within two years, and the improvements along Sheehan on the church side of the street will also be done within two years. The two years gives the County time to complete the final design for Social Row Road. He stated that it won’t be much longer before the roads are improved and there will not be any global taxpayer dollars spent.
Mr. Kyvik asked if ground in front of the church is going to be available for the widening. Mr. Smith answered yes. The ground has been dedicated along Social Row Road and Paragon and Sheehan Roads. The church has also agreed to a ten foot landscape easement. This will allow the walking trail and sidewalks to occur on church property at no cost to the County.
Mrs. Young asked about the landscaping on the County’s plan. Greg Smith indicated that it is a County plan, but that they would be the ones paying for it.
Mrs. Young also asked about the need for screening with the ball parks. She asked if this was taken into account. She was told that the ball park was turned and the elevation was lowered so that fencing would not be required.
Mr. Snyder closed the public portion of the hearing.
It was moved by Mr. Berry, seconded by Mrs. Young, to approve the Zoning Commission’s recommendation for Second Stage approval of Zoning Case Z-588 L with the modification presented.
Vote on Motion: Berry, aye; Young, aye; Snyder, aye. M2009-297
Departmental Business
FIRE
Lease
For a number of years, Washington Township has subcontracted with the United States Postal Service to provide 20 parking spaces for Fire Station 41. These parking spaces are adjacent to Fire Station 41, across the street on Irongate Drive. The 20 parking spaces that the Post Office leases to Washington Township add to the flexibility of Fire Station 41. The lease will be month-to-month with rent charges at $235 per month.
It was moved by Mr. Berry, seconded by Mrs. Young, that the Board authorizes the Administrator to enter into a contract with the United States Postal Service, Englewood, Colorado, to provide 20 parking spaces to Fire Station 41, at the Centerville Post Office Branch, 99 Maple Avenue, Centerville, Ohio, at the cost of $235 per month.
Vote on Motion: Berry, aye; Young, aye; Snyder, aye. M2009-298
Purchases
In 2009 the Fire Department budgeted for the replacement of 800 megahertz radios. This purchase is necessary due to the conversion from analog to digital. P & R Communications is the sole provider for radio equipment, programming, and maintenance for the Township and interoperability with Montgomery County. P & R has advised the Fire Department to purchase from Motorola directly to receive a discount of $300 per radio, resulting in a savings of $17,700 to the Township.
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves the purchase of 59 radios, including batteries, software and a maintenance contract for an approximate total cost of $179,903, from Motorola, Schaumburg, Illinois.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-299
In 2009 the Fire Department budgeted for the replacement of high rise hose packs, which allow one firefighter to carry up to 150 feet of hose. The current packs are outdated and ineffective for providing the high pressure needed in a multiple-story fire. Staff received three quotes and Finley Fire provided the lowest and best price of $5,673.
It was moved by Mr. Berry, seconded by Mrs. Young, that the Board approves the purchase of five high rise hose packs from Finley Fire Equipment, McConnelsville, Ohio, for the approximate total cost of $5,673.
Vote on Motion: Berry, aye; Young, aye; Snyder, aye. M2009-300
The Fire Department is requesting to replace two staff cars used by the Fire Prevention Bureau. These vehicles, both 1996 Ford Taurus sedans, originally purchased by the Sheriff’s Department, are in need of replacement due to corrosive damage to the frames. One vehicle has already been removed from service due to this damage. Staff has selected two Dodge Avengers from the State of Ohio Bid Contract, priced at $15,700 each.
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves the purchase of two 2009 Dodge Avengers from the State of Ohio Bid Contract, number RS900609, Index number GDC104E, from Charlie’s Dodge, Inc., Maumee, Ohio, for a total approximate cost of $31,832.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-301
The 2009 CIP identified the remodel of the Fire Alarms Office, which includes replacing furniture and outdated equipment. P & R Communications is the sole provider of this equipment, as they installed the current radio system and 911 equipment. Staff has received a quote from P & R for the installation of pre-constructed, ergonomic furniture, one position at a time, so that there are no interruptions of emergency service.
It was moved by Mr. Berry, seconded by Mrs. Young, that the Board approves contracting with P & R Communications, Dayton, Ohio, for the remodel of the Fire Alarms Office, including furniture, cameras, equipment, and labor, for an approximate total cost of $31,671.
Vote on Motion: Berry, aye; Young, aye; Snyder, aye. M2009-302
GENERAL
In the 2009 Capital Improvement Program, various improvements to the Government Center were budgeted. Levin Porter & Associates is serving as the Township’s architect, thus coordinating the project. Bids for the improvements, which include carpet, ceiling tile and painting have been reviewed by the architect and staff. The following recommendations are being made to complete the project:
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board authorizes the Township Administrator to contract with I.F. Weber Company, Dayton, Ohio, to serve as the general contractor at a total approximate cost of $63,156.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-303
It was moved by Mr. Berry, seconded by Mrs. Young, that the Board authorizes the Township Administrator to contract with Butler County Electric, Inc. as the electrical contractor at a total approximate cost of $8,397.
Vote on Motion: Berry, aye; Young, aye; Snyder, aye. M2009-304
public works
Contracts
Washington Township contracts with Tar, Inc., to make necessary repairs to Township roadways when water lines or sanitary sewer lines break. The Montgomery County Sanitary Department reimburses Washington Township for the full amount, plus ten percent for an administrative fee. Additional money is needed for the remainder of this year in order to finish necessary repairs.
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board authorizes contracting with Tar Inc., Dayton, Ohio, for necessary repairs to Township roadways, due to water line or sanitary sewer line breaks at the approximate total cost of $30,000.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-305
Fees
Typically, Washington Township uses two local landfills for dumping debris. Currently, only one local landfill is currently open. Additional money is needed for payment of dumping fees for this year with the one local vendor.
It was moved by Mr. Berry, seconded by Mrs. Young, that the Board authorizes payment of approximately $3,000 for dumping fees to Vance Environmental Inc., Dayton, Ohio.
Vote on Motion: Berry, aye; Young, aye; Snyder, aye. M2009-306
Purchase
A snow plow is needed for the new cemetery truck. Staff received two quotes for this budgeted item, and the lowest and best bid was from Kaffenbarger Truck.
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves the purchase of a snow plow from Kaffenbarger Truck Equipment Company, Dayton, Ohio, for the approximate total cost of $4,829.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-307
recreation
At the last Trustees meeting, the Board approved contracting with Harry Bond, Moraine, Ohio, to re-tile the women’s locker room at the Rec Center. The quotes received did not include materials, only labor. At this time, staff recommends that the Board rejects the quotes. Staff will request new quotes from the vendors.
It was moved by Mr. Berry, seconded by Mrs. Young, that the Board rejects contracting with Harry Bond, Moraine, Ohio, to re-tile the women’s locker room at the Rec Center.
Vote on Motion: Berry, aye; Young, aye; Snyder, aye. M2009-308
ADDENDUM
Washington Township is receiving stimulus money for repairing portions of Paragon Road. As part of the project, Washington Township is required to pay engineering costs and potential cost overruns.
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves a payment of $84,018 for the Paragon Road project.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-309
TOWNSHIP ADMINISTRATOR’S REPORT
Ms. Lightle indicated that the Household Hazardous Drop Off event took place last Saturday. It was a joint project with the City of Centerville and was held here at the Public Works facility. Staff did an excellent job, the Sheriff’s department assisted with traffic control, and approximately 661 cars were serviced. The vendor provided phenomenal customer service and even unloaded the residents’ cars for them. It was a very successful event.
Mr. Berry noted that residents are complimenting the elected officials for this service.
Mrs. Young commented that everyone was very efficient. She indicated that she went twice. When she was there the first time, she realized she had left some old paint at home and returned.
In response to Mr. Snyder’s question, Ms. Lightle indicated that the next Shred It Day is scheduled for Saturday, October 24th. Electronic drop off will be added to this service, which would include old computer monitors, televisions, etc. The acceptable items are listed on the Township’s website.
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 for payment:
Vendor PO # Amount Approved Monthly Vendor
T&N 46827 $10,702.95 No
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-310
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves the Regular Check Register dated September 14, 2009, in the amount of $1,043,692.31, said amount having been certified and appropriated.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-311
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves the Recreation Refund Check Register dated September 14, 2009, in the amount of $1,461.00, said amount having been certified and appropriated.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-312
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves the Special Check Register dated August 20, 2009, in the amount of $25,187.22, said amount having been certified and appropriated.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-313
It was moved by Mrs. Young, seconded by Mr. Berry, that the Board approves the Special Check Register dated September 2, 2009, in the amount of $45,339.47, said amount having been certified and appropriated.
Vote on Motion: Young, aye; Berry, aye; Snyder, aye. M2009-314
Trustee Comments
Mrs. Young expressed her pride on the efficient event last Saturday. She complimented everyone.
Mr. Berry asked when the High School Musical performance at Town Hall would start. Mr. Paice indicated it would open this coming weekend. Mr. Berry encouraged people to attend.
Mr. Snyder commented that they recently had the business breakfast. It was the fourth and biggest one they have had. He thanked those in charge of it. Mr. Berry added his thanks to Champs who provided the food. Mr. Snyder added that Champs provides the food at no cost.
ADJOURNMENT: 8:50 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