1 1 TRUSTEES MEETING 2 JEFFERSON TOWNSHIP 3 * * * 4 TRANSCRIPT OF PROCEEDINGS 5 * * * 6 DATE OF HEARING: Tuesday, February 3, 2004 7 Beginning at 7:00 o'clock p.m. 8 PLACE OF HEARING: Jefferson Township Office 1 Business Parkway Drive 9 Dayton, Ohio 45427 10 TRUSTEE BOARD: Brice Sims Angela Jones 11 Robert Bradley Jerry Walker, Clerk 12 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25 MIKE MOBLEY REPORTING 937-222-2259 2 1 MR. SIMS: Call the meeting to order, 2 please. We're going to pledge allegiance to the 3 flag and have roll call. 4 (Pledge of Allegiance.) 5 MR. SIMS: Roll call. 6 MR. WALKER: Roll call. Brice Sims? 7 MR. SIMS: Present. 8 MR. WALKER: Angela Jones? 9 MS. JONES: Present. 10 MR. WALKER: Allen Elijah? 11 MR. SIMS: Absent. 12 MR. WALKER: Absent. 13 MR. SIMS: Approve of minutes for the 14 meetings held on January the 1st and the 6th of 15 2004? 16 MS. JONES: I make a motion to approve 17 the minutes for January 1 and 6 of 2004. 18 MR. SIMS: I second. 19 MR. WALKER: It's been moved and seconded 20 that the minutes be approved as grant -- as 21 written. 22 MR. SIMS: Clerk's business, 23 communications and et cetera. 24 MR. WALKER: Okay. We received a letter 25 from the National Association of Social Workers and MIKE MOBLEY REPORTING 937-222-2259 3 1 it was awarding -- the award's committee of the 2 National Association of Social Workers, Ohio 3 Chapter, Region Seven, Dayton, has elected Brice 4 Sims as their public official of the year. 5 There will be an awards banquet in his 6 honor on Tuesday, March the 30th, 2004, and at the 7 Magnolia Room Banquet Center at Miami Valley 8 Hospital. They ask that you get there at 6:00. 9 Also I'd like to report that we have 10 closed the -- we've already gone through the 11 year-end closing, and reports are out and for your 12 review, but I'm asking that you call the township 13 office to make an appointment to review the report. 14 That's the end of it. 15 MR. SIMS: Is that all, Mr. Walker? 16 MR. WALKER: Yes. 17 MR. SIMS: Old business? 18 MS. JONES: None indicated. 19 MR. SIMS: New business? Retainer 20 agreement, Moots, Carter & Hogan. Resolution for 21 consideration. 22 MS. JONES: I motion that we -- do you 23 want to give any -- 24 MR. BAILEY: Yeah. I motion the retainer 25 agreement. MIKE MOBLEY REPORTING 937-222-2259 4 1 MR. SIMS: Could you explain that to our 2 audience so they'll know? 3 MR. BAILEY: Yes. We annually contract 4 with Moots, Carter & Hogan, a legal firm out of 5 Columbus to represent the township on annexation 6 matters. They require an annual retainer agreement 7 and resolution to put that relationship into 8 effect, and we have a retainer agreement, which I 9 need a motion to adopt and then we have resolution. 10 MR. SIMS: A motion? 11 MS. JONES: A motion has been made. 12 MR. SIMS: I'll second. 13 MR. WALKER: The vote has been moved and 14 seconded that we retain Moot, Carter & Hogan. 15 MR. SIMS: Trustees' report. Resolution 16 for consideration. 04-02 resolution, retaining 17 Moots, Carter & Hogan, legal counsel to advise and 18 represent the township in annexation matters. 19 MS. JONES: I make a motion of resolution 20 04-02 to continue representation by the said 21 people. 22 MR. SIMS: I second. 23 MR. WALKER: We moved and seconded, so 24 there's no use for a vote. 25 MR. SIMS: Trustees' report. Ms. Jones? MIKE MOBLEY REPORTING 937-222-2259 5 1 MS. JONES: None at this time. 2 MR. SIMS: I don't have none. Risk 3 management activities. Mr. Bradley? 4 MR. BAILEY: There were no activities for 5 January of 2004. 6 MR. SIMS: Okay. Could I have the 7 citizens? 8 MR. BAILEY: We have two requests for 9 citizen's comments. Ms. Laura Wrench, North Branch 10 Bearcreek drainage, and Ms. Laura Wrench also 11 Permafix odor problems, violation. And Ms. Wrench 12 resides at 8280 West Third Street. 13 MS. WRENCH: Mr. Bradley, trustees, 14 I'm -- if I can do this, I might want to talk first 15 about the North Branch Bearcreek draining project. 16 I have with -- for you a couple of maps. By the 17 way, I am on the board of directors for Montgomery 18 Soil and Water, and that's what brings me here. 19 MR. SIMS: Which I already know that. 20 MS. WRENCH: Okay. Just to let you know 21 again. Marvin Gephart has a great deal of property 22 in Jefferson Township and he has voluntarily taken 23 on a drainage project that will effect his farm and 24 a number of other farms in the township, and 25 it's -- and he's taken on that -- the financial MIKE MOBLEY REPORTING 937-222-2259 6 1 burden of it himself entirely too, and it is going 2 to do a tremendous amount of help for all the 3 problems that, you know -- and especially in the 4 last couple of years we've seen it with the water 5 and the drainage problems in that area on Hemple 6 and areas effected on Marvin's property and below 7 his property, and what -- one of the things that I 8 would like to see done, because Marvin's done so 9 much of this on his own, I would like for the 10 trustees to look into the possibilities of helping 11 him because he does have to -- one of his -- the 12 parts of this project is he has to put in drainage 13 tile underneath Hemple Road, which is going to be a 14 big project and it's going to take a lot of money. 15 I was just wanting to see if there's any 16 possibility that if the trustees could talk about 17 any kind of financial means to help pay for that 18 tile that goes under the road or assist him -- 19 assisting him in some of the work with the road 20 department. There's, you know -- there's a lot of 21 things that -- even a small financial help to help 22 him with this thing. 23 He's undertaken a huge project to really, 24 really help our township on his own, and I would 25 appreciate you talking to Marvin about it more and MIKE MOBLEY REPORTING 937-222-2259 7 1 seeing if there's anything that you could do to help 2 with that. 3 MR. SIMS: What we could do, Laura, we 4 probably can get Marvin and Jim Thompson, the 5 road (inaudible) and we have a meeting and find out 6 all the particulars about it. 7 MS. JONES: We'll talk to Marvin. 8 MR. SIMS: We'll talk to Marvin about it. 9 MS. WRENCH: He's starting this project 10 obviously in the spring, so -- 11 MR. SIMS: Yeah. 12 MS. WRENCH: -- it would mean a great 13 deal to him to have the -- 14 MR. SIMS: We'll try to work something 15 out. 16 MS. WRENCH: Good. That's great. The 17 other issue I wanted to talk about was an ongoing 18 problem with Permafix with odor control, and 19 specifically I just wanted to address the issue of 20 enforcing the zoning code here in Jefferson 21 Township. We have a very specific zoning code in 22 our zoning book that talks about odors, and odors 23 going beyond the facility boundaries, and if those 24 odors trans -- are beyond the facility's 25 boundaries, then a zoning violation has occurred. MIKE MOBLEY REPORTING 937-222-2259 8 1 And so I think that we need -- we would like to see 2 the township take a move forward to address those 3 issues, and I'm going to provide Angela with lots 4 of documentation about the ongoing odor 5 investigations there and we -- and we just feel 6 like it would be -- and when I say we, I'm talking 7 about not only the community, but our citizens 8 group. We're still involved with that area. 9 I think it would be really in such good 10 faith for that area that's effected to have the 11 township show some concern over and helping Permafix 12 to see that there is a problem, and that we care and 13 to help them be a better company. So I'd appreciate 14 that. 15 MR. SIMS: Okay. 16 MS. JONES: I just want to clarify what 17 you were saying is that -- I missed the beginning 18 of it. That you wanted Jefferson Township to 19 actually cite violations that are in our zoning 20 book in regards to odors? 21 MS. WRENCH: Odors, yeah. 22 MS. JONES: Thank you. 23 MR. BAILEY: The next request I have is 24 from a Mr. John Coors. He wants to speak to legal 25 representation. Mr. Coors resides at 20 -- no. MIKE MOBLEY REPORTING 937-222-2259 9 1 5121 Germantown Liberty Road. 2 MR. COORS: Well, again, we have retained 3 a lawyer to stop annexation, and I think we ought 4 to spend a lot of time in helping people so they 5 don't want to be annexed. That was a good example. 6 That -- Marvin's ditch has been there for a long 7 time. There was four serious accidents in that 8 ditch a few years ago and Mr. Thompson come on, put 9 some telephone poles and fence post in there to 10 stop cars from going in it. 11 We sent a letter to the trustees on 12 Germantown Liberty Road increased traffic with the 13 opening in Triangle Station. That letter was never 14 responded to. I complained about -- 15 MR. SIMS: When did you send the letter, 16 Mr. Coors? 17 MR. COORS: Oh, that's been two years 18 ago, maybe three. 19 MR. SIMS: All right. 20 MR. COORS: I -- at one of the meetings, 21 it's reflected in the minutes, I complained about 22 the people down at the corner of Germantown Liberty 23 and Manning put a fence in easement. That was 24 never followed through on. That was never 25 responded to again. We got up a petition about the MIKE MOBLEY REPORTING 937-222-2259 10 1 chickens there and signed by 75 people about the 2 nuisance, and that was never responded to. So yet 3 you seem to have had the time and money to hire a 4 lawyer to stop annexation. So that's -- 5 MR. SIMS: The thing about it is you got 6 to realize one thing about Jefferson Township. We 7 are close to Trotwood, the City of Dayton and 8 Moraine, all right. Why we retain a lawyer is 9 because we are concerned about the citizens in our 10 township. We do put out letters in the areas 11 where -- the annexation area to let them know what 12 we did. Just like Moraine, we did a lot over there 13 to stop annexation, and we're going to continue to 14 do that, to try to keep our township intact. But I 15 want -- I'm kind of concerned about your letters 16 because, Mr. Bradley, did you receive letters -- 17 MR. BAILEY: Mr. Coors, and I believe 18 some of the citizens in the area met with Victoria 19 Macowski relative to the chickens and the nuisance 20 in that area. Now, the other issue mentioned about 21 the traffic -- 22 MR. COORS: Well, let's hold on that just 23 a moment. It was a prosecutor's office, and they 24 sent a letter back and it basically said we don't 25 want to work, you know. It didn't say they MIKE MOBLEY REPORTING 937-222-2259 11 1 wouldn't or couldn't. 2 MR. SIMS: In other words, we did 3 respond, but the -- 4 MR. COORS: Well, the trustees never 5 responded to the people. 6 MR. SIMS: Well -- 7 MR. COORS: I got a copy of the letter 8 through Robert. 9 MR. SIMS: Robert, did you -- oh, we did 10 respond to the prosecutor's office, wasn't it? 11 MR. BAILEY: I -- John, I don't have a 12 copy of the letter now, I'm sure. 13 MR. COORS: I saw a copy of what the 14 prosecutor's office sent, but it didn't say they 15 wouldn't or couldn't, it said they didn't want to. 16 That they weren't looking for work. 17 MR. SIMS: Sometimes, John, on letters we 18 usually send a letter to the prosecutor's office to 19 get opinion. 20 MR. COORS: Well, we have a meeting -- 21 MR. SIMS: That's probably what you got, 22 yeah. 23 MR. COORS: And I cited a court case in 24 Butler County where they ruled against one and 25 closed it down. MIKE MOBLEY REPORTING 937-222-2259 12 1 MR. SIMS: Well, let me investigate that, 2 John, because I didn't see a letter. I didn't see 3 the letter. 4 MR. COORS: Well, maybe you weren't 5 trustee then. 6 MR. SIMS: I probably wasn't trustee 7 then. 8 MR. COORS: This is a history. Trustees 9 never respond to the letter -- 10 MS. JONES: It was the barrels and the 11 chickens. 12 MR. COORS: Yeah. On that we had a 13 petition signed by 75 people and no one responded 14 to that. I'm just kind of -- 15 MR. SIMS: Well, I'll check into it. You 16 know, I don't -- all right. The other? Do I have 17 another? 18 MR. BAILEY: There are no more. 19 MR. SIMS: Okay. Well, I'd like to say I 20 thank you all for coming out. We are in a planning 21 process of our budget and everything and trying to 22 get things together. If it -- I want you to stand 23 up. A lot of people haven't met you. He's our new 24 captain -- 25 OFFICER COPHER: Hi. MIKE MOBLEY REPORTING 937-222-2259 13 1 MR. SIMS: -- with the Sheriff's 2 department, and you can get him there on Infirmary. 3 OFFICER COPHER: Infirmary Road. Captain 4 Ed Copher. I've just been assigned over there as 5 of Monday, so -- 6 MS. WRENCH: How do you spell your last 7 name? 8 OFFICER COPHER: Stop by, call. If you 9 need a card, I got them in my pocket. 10 MS. WRENCH: How do you spell your last 11 name? 12 OFFICER COPHER: C O P H E R. 13 MS. WRENCH: Welcome. 14 MR. SIMS: This will be the last one. 15 This is Mary Johnson. What do you have, Mary? 16 MS. JOHNSON: Well, I just have a 17 question about Miller Valentine. Where are we in 18 relationship with collaborating with them on the 19 project in Drexel? 20 MR. SIMS: Maybe Robert can talk to him. 21 I haven't talked with Denise about that. Can 22 you -- 23 MR. BAILEY: We're in phase one of the 24 CRA in that neighborhood. CRA's the community 25 reinvestment area. Miller Valentine has identified MIKE MOBLEY REPORTING 937-222-2259 14 1 several lots that they've purchased and will be 2 putting 40 homes in the area. 3 MS. JOHNSON: Are there other phases? 4 MR. BAILEY: There's a phase two, but 5 they haven't identified sufficient properties yet 6 to move onto that. 7 MS. JOHNSON: Now, will that include 8 repairing the streets and sidewalks and -- 9 MR. BAILEY: In that Drexel neighborhood 10 there's no sidewalks. They have talked with the 11 township about applying for a CBT grant, the next 12 round to compliment the houses by installing 13 sidewalks, but that'll be a separate activity. 14 MR. SIMS: So we are adjourned. Get a 15 second to adjourn? Is that a second? 16 MS. JONES: I make a motion to adjourn 17 the meeting. Oh, I second. 18 (Thereupon, the meeting was concluded at 19 7:14 o'clock p.m.) 20 21 22 23 24 25 MIKE MOBLEY REPORTING 937-222-2259 15 1 STATE OF OHIO ) 2 COUNTY OF MONTGOMERY ) SS: CERTIFICATE 3 I, Stephanie D. Washington, a Notary 4 Public within and for the State of Ohio, duly 5 commissioned and qualified, 6 DO HEREBY CERTIFY that the above-named 7 meeting was reduced to writing by me 8 stenographically in the presence of the witness and 9 thereafter reduced to typewriting. 10 I FURTHER CERTIFY that I am not a relative 11 or Attorney of either party nor in any manner 12 interested in the event of this action. 13 IN WITNESS WHEREOF, I have hereunto set my 14 hand and seal of office at Dayton, Ohio, on this 15 day of , 2004. 16 17 18 19 20 STEPHANIE D. WASHINGTON, CSR NOTARY PUBLIC, STATE OF OHIO 21 My commission expires 08-01-2005 22 23 24 25 MIKE MOBLEY REPORTING 937-222-2259