1 1 2 3 4 5 6 7 JEFFERSON TOWNSHIP 8 BOARD OF TRUSTEES MEETING 9 * * * 10 TRANSCRIPT OF PROCEEDINGS 11 * * * 12 DATE OF HEARING: Tuesday, June 3rd, 2003 beginning at 6:58 p.m. 13 PLACE OF HEARING: One Business Parkway Drive 14 Dayton, Ohio 45427 15 BOARD MEMBERS: Angela Jones Edgar Ramsey 16 Brice C. Sims 17 CLERK: Allen Elijah 18 ADMINISTRATOR: Robert E. Bradley 19 * * * 20 21 22 23 24 25 2 1 (Thereupon, the Pledge of Allegiance 2 was recited.) 3 MS. JONES: Roll call, please. 4 MR. ELIJAH: I'd like to show on the 5 record that we have a quorum by taking the roll, 6 and please signify by saying present. Mr. 7 Ramsey? 8 MR. RAMSEY: Present. 9 MR. ELIJAH: Mrs. Jones? 10 MS. JONES: Present. 11 MR. ELIJAH: And, Mr. Sims? 12 MR. SIMS: Present. 13 MR. ELIJAH: Let the record show 14 that we have all trustees present and accounted 15 for this evening. 16 MS. JONES: Approval of the minutes 17 for the meetings held on May the 6th and May the 18 29th. 19 MR. SIMS: I'll make a motion to 20 approve the minutes on the 6th and May the 29th. 21 MR. RAMSEY: I second it. 22 MR. ELIJAH: The motion has been 23 properly moved and seconded. I'd like to call 24 for the vote. Mr. Ramsey? 25 MR. RAMSEY: Yes. 3 1 MR. ELIJAH: Mrs. Jones? 2 MS. JONES: I abstain. 3 MR. ELIJAH: Okay. And, Mr. Sims? 4 MR. SIMS: Yes. 5 MR. ELIJAH: Please let the record 6 reflect the approval of the minutes with the 7 abstention of Mrs. Jones for the meeting of the 8 6th. 9 MS. JONES: Clerk's business? 10 MR. ELIJAH: No new business. 11 MS. JONES: Old business? None 12 identified on the agenda. New business? 13 Resolutions for consideration, resolution 0-22. 14 MR. RAMSEY: I'll make a motion that 15 we accept resolution for consideration 3-22 16 increasing the 2003 annual appropriation by a 17 hundred and sixty-nine thousand nine hundred and 18 fifty-nine dollars from two million one six -- a 19 hundred and sixteen thousand nine hundred and 20 forty-nine dollars to two million two hundred and 21 eighty-six thousand nine hundred and nine 22 dollars. These are monies that we hadn't 23 accounted for increasing our budget by that much. 24 MR. SIMS: I second it. 25 MR. ELIJAH: I'd like to call for 4 1 the vote for the approval of the resolution 2 03-22. Mr. Sims? 3 MR. SIMS: Yes. 4 MR. ELIJAH: Mrs. Jones? 5 MS. JONES: Yes. 6 MR. ELIJAH: And, Mr. Ramsey? 7 MR. RAMSEY: Yes. 8 MR. ELIJAH: Please let the record 9 reflect the adoption of resolution 03-22. 10 MS. JONES: Mr. Bradley, would you 11 speak to the amendment to the Miller-Valentine 12 contract, please? 13 MR. BRADLEY: Yes. As you're aware, 14 we sometime ago got into a purchase of real 15 estate with Miller-Valentine for a specified 16 number of acres of land that we owned on 17 Dayton-Liberty Road. Subsequent to deciding that 18 deal, Miller-Valentine found out that they needed 19 less acreage than was stipulated in the contract. 20 So what you have before you is, in essence, a 21 reduction of acres from seven point one to -- I 22 think it's three point -- 23 MR. ELIJAH: Three point five. 24 MR. RAMSEY: Three point five. 25 MR. BRADLEY: And the purchase 5 1 price -- or the amount that the township would 2 realize has remained the same, so, in essence, 3 we're getting more per acre than was initially 4 agreed upon. 5 MR. RAMSEY: I make a motion that we 6 accept the amendment to the Miller-Valentine 7 contract for purchase of real estate. 8 MR. SIMS: I second it. 9 MR. ELIJAH: So the motion has been 10 properly moved and seconded. I will call for the 11 vote. Mrs. Jones? 12 MS. JONES: Yes. 13 MR. ELIJAH: Mr. Sims? 14 MR. SIMS: Yes. 15 MR. ELIJAH: And, Mr. Ramsey? 16 MR. RAMSEY: Yes. 17 MR. ELIJAH: Please let the record 18 reflect the adoption of the amendment to the 19 Miller-Valentine contract. 20 MR. RAMSEY: Brice didn't sign it. 21 MS. JONES: Trustee report, Mr. 22 Sims? 23 MR. SIMS: Well, I'd like to say 24 that here in the last couple of weeks I've been 25 riding around the township, and I'm very 6 1 concerned about some areas in the Ridgewood 2 Heights area. We got new homes going up, and a 3 lot of people in that area want to find out what 4 can we do with the older homes, the ones that are 5 not the new homes or buy the old homes, and they 6 are trying to find out what can we do, a 7 demolition program. A lot of them are senior 8 citizens and I'm very concerned about that. 9 Johnnie Miller is the one that brought that to my 10 attention and I think we need to get back with 11 her with that Ridgewood Club, and she did mention 12 Mr. Ramsey's name, I think, when they had their 13 meeting. 14 We need to have a representative 15 over there and let them know that we are 16 concerned and let them know that we are trying to 17 do everything we possibly can to build that area 18 up. I got a lot of calls from Derby Road 19 citizens, and they're concerned about, I think, 20 the horse farm and -- and I am very concerned 21 about it, too. There will be a meeting Monday 22 with Mr. Bradley at 9:30 in the morning for the 23 zoning meeting Monday on Derby Road. 24 MR. BRADLEY: I thought the meeting 25 was Tuesday at 7:00. 7 1 MR. SIMS: No, it's Monday. I 2 talked to Verne today about it, and the people 3 that are concerned should be here Monday, and 4 I'll make sure. She said at 9:30 in the morning, 5 so -- 6 MS. JONES: It's 9:00 o'clock, 7 Brice. 8 MR. SIMS: 9:00 o'clock? 9 MS. JONES: Yes. 10 MR. SIMS: Okay. I'm sorry. You 11 know, at 9:00 o'clock in the morning, so you 12 should be there, and I know a lot of people that 13 I know are from the area that I'm looking at had 14 some concerns and it concerns me, too. I 15 understand all of that. 16 The other problem I'm having is a 17 lot of people in the Drexel area, Mr. Ramsey and 18 Mrs. Jones, are concerned about the property that 19 has been bought by Miller-Valentine, they're 20 buying property in the area and they're concerned 21 about their property, because a lot of them 22 saying well, they buying property and they not 23 buying my property. So I don't know what 24 property they're buying over there. You 25 understand what I'm saying, Ed? 8 1 MR. RAMSEY: Yeah, yeah, that's 2 primarily reproperty. 3 MR. SIMS: Reproperty. 4 MR. RAMSEY: Right. 5 MR. SIMS: Okay. And they called a 6 meeting, and at the time, you know I guess I was 7 ignorant to the fact, but I just wanted to let 8 you know what was going on in that area and 9 they're trying to build that area up. They got 10 homes going in over there and it's going to be 11 fine. That's all I have, Madam President. 12 MS. JONES: Okay. Just to respond 13 to the Ridgewood Heights property, what we can do 14 is they have a couple of neighborhood 15 organizations there, maybe we can set up 16 something to attend one of their meetings and see 17 what we can do or information that we can get for 18 them to see about doing some work on their 19 property. On the Drexel thing, I did have to 20 talk to you a little bit later about it. We're 21 building -- I think it's twenty new homes in the 22 Drexel area? 23 MR. SIMS: Is it twenty, Ed? 24 MS. JONES: Yeah, and the plan's 25 been going on for a while. The property that's 9 1 been bought is the reproperty, and what we're 2 doing is building brand new homes over there 3 to -- to build the area up. We also are doing 4 clean-ups over there. So I guess we'll have to 5 talk to them and find out what additional -- as 6 far as buying their homes, I don't -- I think 7 Miller-Valentine's business is to build new 8 homes. 9 MR. SIMS: Yeah, and they're saying 10 he's buying homes. 11 MS. JONES: Mr. Ramsey? 12 MR. RAMSEY: Yeah, before we have 13 another meeting, we'll have Jefferson Township 14 Days, which is on June the 20th, 21st and 22nd. 15 I implore all of you to attend and tell your 16 friends to attend. It will be held at Art Fisher 17 Park. This is one of the most significant events 18 that we have in this township. We'd like for it 19 to become or be a success. I also wanted to -- 20 for the record, I want to state that I'm appalled 21 that Permafix would have a meeting tonight at the 22 high school to discuss their problem when we had 23 a trustee meeting. To me, that's a slap in the 24 face to the trustees, and I want to go on record 25 saying that I -- I think it's terrible. 10 1 MR. HEYDUCK: That place is packed. 2 MS. JONES: Okay. Is that it, Mr. 3 Ramsey? 4 MR. RAMSEY: That's it. 5 MS. JONES: Risk management, Mr. 6 Bradley? 7 MR. BRADLEY: Yeah. We repaired a 8 stop sign at Tuscon and Derby on May the 8th and 9 there was an attempt to break in at the road 10 garage on that Sunday. And that's the risk 11 management activities for the month of May. 12 MS. JONES: Approval of the 13 financial reports for the preceding month? 14 MR. SIMS: I make a motion to 15 approve it. 16 MR. RAMSEY: Second. 17 MR. ELIJAH: The motion has been 18 made and properly seconded for the approval of 19 May's financial records. I'd like to call for 20 the vote. Mrs. Jones? 21 MS. JONES: Yes. 22 MR. ELIJAH: Mr. Ramsey? 23 MR. RAMSEY: Yes. 24 MR. ELIJAH: And, Mr. Sims? 25 MR. SIMS: Yes. 11 1 MR. ELIJAH: Please let the record 2 reflect the approval of financial reports for the 3 month of May. 4 MS. JONES: Comments by citizens. I 5 don't know if any forms were filled out. Mr. 6 Bradley, would you please -- are you the only one 7 that has a speaker form? 8 MR. SIMS: Bring them up here so we 9 can -- 10 MS. JONES: If there's several, 11 would you please give them to Mr. Bradley? Mr. 12 Bradley will call you and then ask you to speak. 13 We ask that you try to comply with the amount of 14 time that we have on the end of each form. So if 15 there's anybody who wants to speak now and 16 doesn't have a form, if you'd get one quickly and 17 give it to Mr. Bradley. 18 MR. BRADLEY: Mr. Charles Cooper, 19 6595 Derby Road. 20 MS. JONES: Mr. Cooper, if you'd 21 stand and address the board, please. 22 MR. COOPER: Yes. I live on Derby, 23 like my -- like the form says, and I'm very 24 concerned about the kind of ranch going in. The 25 road is hilly in that area, it's very unsafe. 12 1 He's bringing over 30 horses besides all the 2 other animals on the place. I know quite a bit 3 about his operations and what he's doing and the 4 children he's bringing over and it's just a mess. 5 Everyone wants to dump everything on 6 Jefferson Township. Now, he's -- he's applied 7 for a permit to have a summer camp, but he also 8 have picnics and church functions which may have 9 two or three hundred people come in. We talking 10 about cars, traffic, and there's a lot of older 11 people that live on the east side of Derby Road 12 that are single ladies, and with all this influx 13 of kids coming in doing some of everything that's 14 not a proper place. He only have two hundred and 15 twenty-four feet of road frontage. The area is 16 not suited for what he wants to do. 17 I can't understand why this got 18 approved in the first place, but during the 19 appeal meeting we going to have Monday, and, I 20 mean, and the proper process -- a lot of things 21 I'm going to bring up that I don't want to bring 22 it up now because I don't want to show all the 23 information and evidence I have against the 24 township of what we going to do and how they 25 going to impact Jefferson Township. I been out 13 1 here twenty-nine years and we want to keep this 2 community peaceful. You know, I'm a little 3 nervous, but you understand where I'm coming 4 from? We want to keep this positive, Jefferson 5 Township positive. 6 The impact of the Chicano ranch is 7 going to be all negative and the people they 8 going to bring in that township, everyone sitting 9 here is going to suffer. Believe me, they will. 10 I will show evidence of what they going to do at 11 the proceeding meeting and you're not going to 12 like it. 13 MS. JONES: Sir, is this before the 14 Zoning Commission or the BZA? 15 MR. COOPER: Right. Well, we have a 16 meeting Monday at 9:00 o'clock and then after we 17 go through that process, there would be another 18 application meeting or something to get it 19 approved, but this is not good for the township, 20 that ranch. That road is not set up for the 21 traffic, for the -- the noise and for the olders 22 and -- and all those animals are going to 23 deteriorate their soil. 24 I went down to the Ohio Extension 25 Service yesterday and they told me 32 acres is 14 1 not suitable to carry 30 horses, period, not 2 including the other animals, and I don't -- 3 MR. RAMSEY: Pardon me, Mr. Cooper. 4 Is this going before the Zoning Commission? 5 MS. JONES: That's what I asked. 6 MR. COOPER: Yes, it has. 7 MR. RAMSEY: Well, then, you 8 shouldn't be talking to us because -- 9 MS. JONES: We can't -- that's 10 why -- 11 MR. COOPER: I know. I know. 12 MS. JONES: -- I asked him in the 13 beginning. 14 MR. RAMSEY: We have to rule on it 15 and -- 16 MR. COOPER: I understand that, but, 17 you know, I was wanting to voice my opinion to 18 the trustees. I understand. 19 MS. JONES: There are legalities to 20 that and that's why I asked, is this before the 21 Zoning Commission at this time or if it's before 22 the BZA, the Zoning Appeals Board. If this is -- 23 if this is -- now, currently is this pending or 24 has the hearing already been heard, I mean, 25 we're -- 15 1 MR. BRADLEY: There's a meeting next 2 Monday. 3 MR. HEYDUCK: There's going to be a 4 hearing next Monday, Ms. Jones. 5 MS. JONES: We need to -- are there 6 additional -- the other additional citizen 7 comments, are they in regards to this particular 8 hearing? 9 UNIDENTIFIED SPEAKER: Mine is. 10 MS. JONES: Yours is. You turned in 11 a speaker form. Is yours, also? 12 UNIDENTIFIED SPEAKER: Mine also is 13 directed towards my dealings with Miss Fortson 14 and what I feel has been unjust, prejudiced 15 behavior, unprofessional. 16 MS. JONES: Do we have a speaker 17 form for you, ma'am? What I would ask from you 18 is if we could maybe go into executive session if 19 you're talking about personnel issues, and if the 20 trustees -- the board is here, we could speak to 21 you outside of this room since it's regarding a 22 personnel issue. Would you do that, wait for 23 just a little bit? 24 UNIDENTIFIED SPEAKER: I also have 25 something to say about the Chicano ranch. 16 1 MS. JONES: The problem with that is 2 if it's before the zoning commission, it will 3 come back to us with a vote. Now, am I wrong, 4 Robert, that we should limit -- 5 MR. RAMSEY: We shouldn't have any 6 discussions relative to that. 7 MS. JONES: Until that board acts, 8 then we have the power to either agree with the 9 zoning commission or overturn it. 10 UNIDENTIFIED SPEAKER: I was also 11 told though to come to this meeting tonight to 12 voice my concerns. I was told that by Mr. 13 Bradley yesterday on the phone, so I do feel that 14 that is why I'm here tonight because -- 15 MS. JONES: Well, that's fine, and 16 I'm sure that you didn't know. 17 UNIDENTIFIED SPEAKER: I was told to 18 be here. I, myself, have two sides of my 19 property that are adjacent to this ranch and this 20 is going to affect me other than the zoning. 21 MS. JONES: And I don't want anybody 22 to think that we don't want to hear it. It's 23 just that if we hear this, if we hear what you 24 have to say about this -- 25 UNIDENTIFIED SPEAKER: Then you're 17 1 fired. 2 MS. JONES: -- then this puts this 3 whole thing in another realm and we may not be 4 able to act on that. So that's why we can't hear 5 it now until the commission acts. 6 UNIDENTIFIED SPEAKER: Can I just 7 ask one question? 8 MS. JONES: But I will talk to you 9 about your other matter, the board will. 10 UNIDENTIFIED SPEAKER: I did have 11 one other thing. The time of that meeting is 12 very inconvenient for many, many property owners 13 that work, and is there some way that they can 14 reschedule at a time that everyone can attend? 15 People have not been notified that this meeting 16 is taking place, and many of my neighbors have 17 not gotten a letter, they have no idea what's 18 going on. 19 MS. JONES: I can tell you I can 20 check into the notifications to see if they were 21 done timely. 22 UNIDENTIFIED SPEAKER: As for the 23 last meeting that we had on this gentleman's 24 petition, we received the notice three days prior 25 to the meeting. On the notice itself it stated 18 1 that we were to get that notice ten days in 2 advance, so isn't that going to be the same 3 situation in this meeting? And at this point 4 right now ten days has passed. 5 MR. BRADLEY: If I may, if there 6 were a procedural error in notification, I would 7 assume that whatever action would be spoiled. 8 What I mean when I say that, it may not be -- if 9 the procedure wasn't followed, then I don't think 10 the action that they take would be valid. 11 UNIDENTIFIED SPEAKER: Well, it was 12 not, sir. I don't know if I still have my 13 envelope that the letter came in, but I received 14 the letter on a Friday and the meeting took place 15 the next following Monday, and I know from 16 talking with many people in the area, they have 17 not received letters for the meeting that is 18 upcoming this coming Monday, so people are not 19 aware of what's going on and we felt very 20 railroaded at the last meeting, and that we did 21 not really -- we were not listened to at all, 22 that it was a done deal before we walked through 23 the door. 24 UNIDENTIFIED SPEAKER: I just want 25 to ask this -- 19 1 MS. JONES: You are? 2 MR. LINDSAY: Dorothy Lindsay. 3 MS. JONES: Just so we have your 4 form. 5 MS. LINDSAY: Yeah, here it is, 6 right here. 7 MS. JONES: Make sure that we grab 8 that after so if we need to respond, we'll know 9 who we need to respond to. 10 MS. LINDSAY: Is this a done deal? 11 MS. JONES: We cannot speak to the 12 Board of Commissioners. 13 MS. LINDSAY: Okay. This is the 14 letter -- one of the letters that was received 15 and we didn't get any kind of letter whatsoever, 16 and we live about five houses from where he's 17 talking about putting a ranch, and didn't she say 18 that she was only allowed to send a letter up to 19 five feet, is it? 20 UNIDENTIFIED SPEAKER: Five hundred. 21 MS. LINDSAY: Five hundred feet. 22 Five hundred feet is not very big. It doesn't 23 carry -- whoever sent this letter out, sent two 24 letters to the same person, but we didn't get any 25 kind of correspondence whatsoever. 20 1 MR. ELIJAH: Who's the letter from? 2 MS: LINDSAY: Jefferson Township 3 Zoning Committee. 4 MS. JONES: Mr. Bradley will check 5 out the notifications. He'll check on them and 6 make sure as far as what their guidelines are. I 7 know she's supposed to notify people within a 8 certain radius. I can't speak to that because I 9 don't know exactly what those rules are, but we 10 will check it out. 11 MR. SIMS: It's not a done deal, 12 that's the question you asked. 13 MS. LINDSAY: Um-hum. 14 MR. SIMS: I just want to let you 15 know, it's not a done deal because we try to do 16 things that's going to be of interest in our 17 township. So when you said a done deal, it's 18 nothing that's a done deal with us. I want you 19 to understand that, okay? 20 MS. LINDSAY: Okay. 21 MS. JONES: After the meeting, I'll 22 speak with you and I'll see also if we can get 23 some information to -- well, maybe we'll have to 24 give it to you later to show you the position of 25 the board in regards to the Zoning Commission, 21 1 okay? Like I said, it isn't slighting anything 2 anybody has to say. We cannot say take any 3 action. 4 UNIDENTIFIED SPEAKER: I understand. 5 MS. JONES: Okay. Thank you. Is 6 that all you've got? 7 MR. BRADLEY: Slip for Hilary 8 O'Clary. 9 MS. JONES: No, he brought that up. 10 MR. RAMSEY: He just brought it up. 11 MS. JONES: You have no other 12 speaker forms down there, do you? 13 MR. BRADLEY: Except for Miss 14 O'Clary. Did she speak already? She was the 15 lady in the rear. 16 MR. SIMS: She's going to be meeting 17 with us. 18 MS. JONES: Oh, okay. 19 MR. SIMS: She's going to be meeting 20 with us. 21 MS. JONES: I just wanted to make 22 sure I didn't miss anybody, right? The next 23 thing on the agenda is adjournment. 24 MR. SIMS: I make a motion to 25 adjourn, and I'd like to talk to some of the 22 1 citizens. 2 MS. JONES: Well, if you would, what 3 we're going to do after this, if you can come and 4 speak with us now in the conference room, so 5 we're are not even going into executive session. 6 We are going to go ahead and adjourn the meeting 7 now. We will take a vote on the adjournment and 8 then we'll talk with you. So can I have a motion 9 on the table for adjournment, please? 10 MR. SIMS: I make a motion to 11 adjourn. 12 MR. RAMSEY: Second. 13 MR. ELIJAH: It's been properly 14 moved and seconded. 15 MR. RAMSEY: Meeting adjourned? 16 MS. JONES: The meeting is 17 adjourned. 18 (Thereupon, the meeting was 19 adjourned at 7:23 o'clock p.m.) 20 21 22 23 24 25 23 1 STATE OF OHIO ) 2 COUNTY OF MONTGOMERY ) SS: CERTIFICATE 3 I, Barbara A. Nikolai, a Notary Public 4 within and for the State of Ohio, duly 5 commissioned and qualified, 6 DO HEREBY CERTIFY that the above-named 7 hearing was reduced to writing by me 8 stenographically in the presence of the parties 9 and thereafter reduced to typewriting. 10 I FURTHER CERTIFY that I am not a 11 relative or Attorney of either party nor in any 12 manner interested in the event of this action. 13 IN WITNESS WHEREOF, I have hereunto set 14 my hand and seal of office at Dayton, Ohio, on 15 this _ _ _ day of _ _ _ _ _ _ _ _ _, 2003. 16 17 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ BARBARA A. NIKOLAI 18 NOTARY PUBLIC, STATE OF OHIO My commission expires 12-13-2003 19 20 21 22 23 24 25