MIAMI TOWNSHIP BOARD OF TRUSTEES

SPECIAL MEETING

NOVEMBER 25, 1997

The Miami Township Board of Trustees met in Special Session on Tuesday, November 25, 1997 at 8:30 PM at the Miami Township Civic Building. The purpose of the Special Session was to hold a Public Hearing on Miami Township Zoning Cases # 428, 429 and 430. Chairperson Schmidt called the meeting to order followed by the Pledge of Allegiance. Miami Township Clerk, Eric C. Ferry called the roll. In attendance were, Jean Schmidt, Edwin H. Humphrey and Joseph W. Uecker.

MIAMI TOWNSHIP ZONING CASE # 428 Mr. Ferry read into the minutes the Notice of Public Hearing for Miami Township Zoning Case # 428 requesting an amendment to Article 5, Section 8, Paragraph 1, "Outside Storage" and to add to Article 20, Definitions, the definition of "Junk" and "Refuse." Mr. Ferry read the Clermont County Department of Community Planning and Development notice of "Denial"; due to concerns about how restrictive the proposal appears. Mr. Ferry read the Miami Township Rural Zoning Commission recommendation to "Approve" the request with modification of text . That modification would remove the words "grass clippings" and "other vegetation". Miami Township Planning and Zoning Director, Larry Fronk presented the request to the Board. The Trustees asked for clarification of points. There were no communications relative to the case. Mr. Lynn Taylor of 1075 Bridle Path Lane stated he is in favor of change to Article 5, however; he feels the proposed wording does not go far enough. Mr. Taylor offered the Board some suggestions for inclusion of some other definitions and a pro active process for enforcement. Mr. Taylor stated he would like to see the Board table this issue at this time. After a brief discussion, Mr. Uecker made a motion to delay a decision on Miami Township Zoning Case # 428. A decision will be reached within 20 days at a Public Hearing. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."

MIAMI TOWNSHIP ZONING CASE # 429

Chairperson Schmidt opened the hearing on Case # 429 - Text Amendment relating to accessory building setbacks and sidewalks. Mr. Ferry read the Legal Notice. Mr. Ferry read the Clermont County Department of Community Planning and Development’s recommendation to approve Part One (setback within Article 8) and to deny Part Two (sidewalks) due to how restrictive the language appears. Mr. Ferry read the notice of approval from the Miami Township Rural Zoning Commission. The Miami Township Rural Zoning Commission, 5900 McPicken Drive, Milford, Ohio 45150, requests an amendment to Article 18, Additional Use, Height and Area Regulations and Exceptions, to change #8 to read 10 feet instead of 3 feet and to delete the last sentence of #8. Also to add #16 to this article that a."Sidewalks shall be required on both sides of the street for all single family lots platted in an A,B, C, D and R-PUD residential zoning district except for large lot developments (2 acre lots or greater) as defined in the Clermont County Subdivision Regulations unless the subdivision offers neighborhood amenities such as a swimming pool, tennis court or clubhouse. b. Sidewalks shall be required within all multi-family residential developments. The sidewalk system shall provide a pedestrian connection between all buildings within the development and between the buildings and any amenities. C. In any case where a platted subdivision or multi-family development abuts a collector or arterial street, sidewalks shall be provided along the collector or arterial for the entire distance the property abuts said street. D. Alternative pedestrian pathways will be considered for any Planned Unit Development provided all lots and/or buildings within the PUD have access to the pathway system. Such alternatives shall be presented during the site plan review process and must be approved by the Board of Trustees. Mr. Larry Fronk presented the request to the Board and answered their questions. Mr. Uecker made a motion to approve Miami Township Rural Zoning Commission Case # 429. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE." Chairperson Schmidt closed Case #429.

MIAMI TOWNSHIP ZONING CASE # 430

Chairperson Schmidt opened the public hearing for Case #430. The Myers Y. Cooper Company of 9989 Montgomery Road, Cincinnati, Ohio 45150, requests a district change from "B-1" to "B-2". Mr. Ferry read the Legal Notice. Mr. Ferry read the Clermont County Planning Commission report approving the change. Mr. Ferry read the Rural Zoning Commission report recommending approval of the request. Mr. Randy Cooper of the Myers Y. Cooper Company presented the application to the Board. The property for which the zone change is requested is located on the South side of the Route 28 Bypass approximately 800 feet from Wolfpen-Pleasant Hill Road. Total acreage for which the zone change is requested is 23.38. After a brief discussion by the Board, Mr. Uecker made a motion to approve the request for a district zone change from "B-1" to "B-2" as requested by the Myers Y. Cooper Company in Zoning Case # 430. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE." Chairperson Schmidt closed the Public Hearing of Case # 430.

Mr. David Duckworth, Miami Township Administrator, presented the Board with two (2) tax abatement resolutions approved at the last regular meeting. Mr. Humphrey made a motion to adopt Resolution 97-43 authorizing a 60 % tax abatement on real and personal property for seven (7) years to Bryan Equipment Sales, Inc. through the Rural Enterprise Zone Legislation. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Humphrey made a motion to adopt Resolution 97-44 authorizing a 60% tax abatement on real and personal property for a period of seven (7) years to Spirit of America National Bank and M.L. Barnard, Inc. through the Rural Enterprise Zone Legislation. Mr. Uecker seconded the motion . Upon roll call, all voted "AYE."

Mr. Duckworth advised the Board he has received word from Mrs. Hansbauer that she does not want to be considered for a seat on the Zoning Board of Appeals.

PUBLIC COMMENT

Mr. Philip Spence of 5613 Sugar Camp Road ask the Board to come to the aid of the residents of Sugar Camp Road. The County is planning to erect a 120 foot tall 2 million gallon water tank in the 5600 block of Sugar Camp Road. Mr. Spence stated he had been informed the tank is not necessary, it is merely a luxury. Also no other site was considered for the structure. The Board members discussed his concerns and suggested he check with the County Sewer and Water Department for more information. Mr. Uecker made a motion to go into Executive Session to discuss a Personnel Matter pursuant to ORC 121.22 (G)(1). Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE." Mr. Uecker made a motion to come out of Executive Session. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."

Mr. Uecker made a motion to extend an offer of employment as a Police Officer to Heather Burgess to start effective December 27, 1997 at a rate of $13.54 per. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."

Mr. Uecker made a motion to go back into Executive Session to discuss a personnel matter pursuant to ORC 121.22(G)(1). Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."

Mr. Humphrey made a motion to come out of Executive Session. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Humphrey made a motion to extend an offer of conditional employment, pending results of pre employment testing, as full time Firefighters to Mr. Bruce Ehas and David Mills. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

Mr. Humphrey made a motion to establish an eligibility list for firefighter candidates, Cooper and Halloway. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

With no other business to come before the Board, Chairperson Schmidt adjourned the meeting at 10:45PM.

ATTEST ________________________________________________________Eric C. Ferry, Clerk

___________________________________________________Jean Schmidt, Chairperson