Board of Trustees - Regular Meeting

It is 6 o'clock PM. I call this meeting of the Miami Township Board of Trustees to order. Will you please rise and join me in the Pledge of Allegiance.

The Pledge of Allegiance is to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Roll.

Present. Mr. Culp. Here. Mr. Berry.

Here. Chief Nielsen, you have the reading of casualties.

Yes sir, I have one. Officer Christopher DeLong Jr. with the Columbia Police Department in South Carolina, end of watch on August 29th.

Please join me in a moment of silence for this fallen first responder. Thank you. Next up is recognition of guests and presentations. Chief, I have a minor amendment to the agenda before you get started. We'd like to introduce Montgomery County Juvenile Court Judge Nick Sylvain to the podium.

Good evening. Thank you for the opportunity to introduce myself to you. My name is Judge Nicholas Sylvain, Montgomery County Juvenile Court Judge, and this is one of my stops that I've been making across Montgomery County, introducing myself to councils and boards, boards of education, since I am recently to juvenile court. A little bit of background about myself. I graduated from the University of Dayton with my engineering degree before I went off to law school. After I came back from law school, I was a Montgomery County prosecutor here doing criminal trial work. And then for the last 23 years, I've been a domestic relations court magistrate making important decisions for the families and children of Montgomery County. Now that I'm in juvenile court, I'm here because there are many partners and stakeholders in juvenile justice issues. Your police department, your schools, and obviously this board and the citizens that you represent. I'm here because I want to listen. I want to hear people's concerns about juvenile justice issues. I'm bringing fresh eyes to juvenile court. I want to hear about what the court is doing well and if the court needs improvement, I want to hear about that too. Hopefully, having introduced myself, we can have communications about shared juvenile justice concerns and then we can enhance our cooperation and make progress on those issues that are important to you. This is obviously my first appearance before you, but I certainly hope that it won't be my last. And I look forward to future communications and collaborations with you and other members of the community. So thank you for the opportunity tonight. Thank you, Judge.

Thank you. The juvenile court does important work, and I can conclusively say you're the first judge we've seen here in my tenure at least. And we look forward to future conversations.

Thank you, sir. Much appreciated.

Chief Nielsen, you have the next item on the agenda.

board and guests it's an honor and a privilege to uh bring up julie phoebig so i'm gonna have you make your way up it's a short way i know because you're right here but um so we're we're here to honor um and to swear in julie phoebig julie's been with the township and serving the pd since two since 2007. She's been a very big part of the police department family. She's been a coach. She's been a mentor. She's been leading teams. She just finished up a 10-year mark as a sergeant. So we're happy to move her up through the ranks again. And I think by the... By the looks of the room and how full the room is, the standing room only in the back, I think it's a testament to who she is as a person because we can talk about what she's done with the hero program, with the field training program. We could talk about lines on a resume and things like that which are very important because we want to talk about competency and we want our leaders, which she is, to have a lot of competency. What sets her apart and why we're here is because of her character. She's a great person. She's a great leader. Recently she's a grandma and so we're just very happy to have her here and to have all of her family here, to have her friends here. some of the folks that she's worked with in the pastor here as well i think i think that's a testament to her again because if you worked with her and you were a training officer of hers almost 20 years ago it speaks volume to who she is so i'm going to have julie have your family come up and help us with the swearing in mr clingerman as well too there he is everybody's sneaking around on me tonight so Left hand Bible, right hand up.

There you go. and the resolutions of my county councilor, my governor, and I will faithfully, honestly, and impartially discharge the duties of my position as lieutenant to the Miami County Police Department. So help me God.

Yep, jump in.

that's it that's all I have you can sit down Julie I know you're chomping at the bit to not have all the eyes on you but thank you board for your time congratulations to to Julie thank you thank you we would love this much attendance for the rest of our meeting but if anyone would like to be excused we'll take a moment to let people exit

So,

The next item on the agenda is the consent agenda. Matters on the consent agenda are considered to be routine and will be enacted by one motion and one vote of consent. There will be no separate discussion of those items. If a discussion is desired, that item will be removed from the consent agenda and is considered separately. I move we approve the consent agenda. Is there a second? I'll second. Any discussion?

Mr. Colt. Aye. Mr. Berry. Aye.

Moving on to new business. Resolution 104, Chief Nielsen.

Yes, Board, thank you. We've had this long standing practice and it's actually in both of the union contracts that when one of our sworn folks finally retires that they can purchase their used duty weapon. And that's what I have before you tonight. Scott Miller worked with the department for uh just under 20 years and he has finally retired so we're going to sell him his gun so um fairly straightforward there but i'd be happy to i'd be happy to answer any questions you may have about that one any questions for the chief mr carlson you have resolutions 105 106 and 107.

Yes, good evening board. First resolution for you as a new housekeeping item we are required to do per the Montgomery County Auditor's Office. Each year we need to reassess all of our nuisance abatement costs back onto individual properties tax rolls. Provided a chart, each individual parcel, the tax year, and then the amount being assessed. So again, we'll be doing this each year. to send this to county auditor's office and place it on a tax lien for our nuisance properties do you have any questions on this one great the next two resolutions are related to nuisance properties in the miami township chautauqua neighborhood 6055 south 5th avenue and 6046 avenue these are two homes that we have had on our radar for a little while One of them was a house fire property, and the other is one that has just been abandoned and left to deteriorate over the years. Working with Montgomery County Land Bank, we are trying to find supportive funds to help potentially demolish these homes, but the first step in that is to declare them a nuisance. Once a nuisance is declared, the property owner will be given notice that they have 30 days to request a public hearing, which they can try to defend that it is not a nuisance. In this case, they've both been declared nuisances by the Miami Valley Fire District. Neither have had utilities running for multiple years at this point, sort of open to the elements. So certainly we give them the opportunity for a public hearing, but if They do not request a public hearing. Then we can take the next abatement action steps. One of those would be potentially contracting with the land bank for demolition of these homes. We've had really good success with the land bank in the past. The one item that we would very carefully consider is as part of the land bank program after three years post demolition, if the land does not sell, it would revert back to Miami Township. then could take next steps to either auction and or do other things but it is something we potentially have to deal with so again this is the first step to take the nuisance action declare them a nuisance and then we can work to determine next steps from there do you have any questions on either of these properties thank you

Good evening board yet resolution 1, 0, 8 is an appropriation amendment primarily for higher than expected medical and property insurance premiums for the 2627 policy year. Fuel costs are up for the police department and so we've projected for the to get into the end of the year as well as some access security at both the police department, the administration building and public works out on Wood Road.

with the board please know that time has been set aside for the board to listen to you your comments are valued and will be taken into careful consideration the board will not engage in dialogue at this time and presentations are limited to five minutes each is anyone wishing to come forward mr gaffney may approach the podium

President Posey and trustees, good evening. My name is Tim Gaffney. I live at 1187 Mary Lane West in Miamisburg. My wife, Jean, and I have lived in Miamisburg for nearly 50 years. We have four children and a grandson who went through the Miamisburg school system. Now, Jean, my wife, chairs a citizens group that is supporting the upcoming Miamisburg tax levy. She is speaking tonight at Miamisburg City Council, so I'm here to speak on her behalf. I'm here because the school district includes the township as well as the city, and the new tax levy will affect citizens across the district. This will be an income tax levy, but unlike city income tax, this one will apply to every taxpayer in the school district, including the township. The legal name of our group is Citizens for Quality Education. We are essentially a continuation of the same committee that supported previous levies. Our slogan is Save Berg Schools, and our website is savebergschools.org. We are independent of the school districts. I know many citizens have questions about why another tax levy is necessary. We've been asking questions ourselves at the district's State of the Schools informational meetings. These meetings are open to the public and attended by the superintendent, treasurer, and other school officials. I encourage all citizens to attend at least one meeting and ask questions. Five more information meetings are scheduled. Three are in the morning. Thursday, September 3rd, Jane Chance Intermediate School at 9.30 a.m. Wednesday, September 9th, at the Memorial Building at 10 a.m. Wednesday, September 30th, Mound Intermediate at 9.30 a.m. Two meetings will be in the evening, Thursday, October 8th, at the Memorial Building at 6 p.m., and Wednesday, October 28th, at the Memorial Building at 6 p.m. And I have a few cards I'll leave with you that have these dates and times on them. These meetings are a chance to bring your questions to the people who can answer them. More information is available on the new State of Our Schools page on the district's website. That website is miamisburgcityschools.org. There are a lot of financial details behind the need for a levy, but here are five talking points that I use to explain to people why it's important. One, the levy is an income tax levy, not a property tax levy. It does not tax Social Security income. Two, the school district has tightened its belt. It's cut $3.6 million during this school year already. Three, the levy is for a half percent, which is lower than other current school income tax levies in our area. Four, state funding for schools is at the same level as in 2019, while inflation has climbed 31% in the same time period. And yet, five, the school district has not asked for new money since 2010. That's 16 years ago. Most school districts ask every three to five years. Of the 600 school districts in Ohio, 210 have passed income tax levies. Now, about our campaign committee. We have people working on marketing, communications, and fundraising, but we need help from as many community groups and individuals as possible. We will have a levy campaign committee meeting open to anyone interested in volunteering or just learning more on Thursday, September 10th at 6.30 p.m. at the Miamisburg Branch Library. You can also volunteer at the saveburgschools.org website. Danielle Keenly, a former school board member, is our committee trustee. We are working to set up electronic deposit for donations, but for now, checks to support the levy may be written to Citizens for Quality Education and mailed to 10892 Blackbird Court, Miamisburg, 45342. Thank you.

Thank you for coming in. Anyone else wishing to come forward? Moving on to consideration of resolutions and motions. I move we adopt resolution 104-2026, a resolution to sell property to a retiring employee. Is there a second?

I'll second.

Any discussion?

Mr. Posey? Aye. Mr. Cole? Aye. Mr. Berry? Aye.

I move we adopt Resolution 105-2026, a resolution certifying the costs of property maintenance abatements to the Montgomery County Auditor for placement upon the tax duplicate as special assessments. Is there a second? I'll second. Any discussion?

Mr. Posey? Aye. Mr. Cole? Aye. Mr. Berry? Aye.

I move we adopt Resolution 106-2026, a resolution to declare the structures at 6046th Avenue, Miamisburg, Ohio 45342 to be unsafe and or structurally defective and ordering such structures removed. Is there a second? I'll second. Any discussion?

Mr. Posey? Aye. Mr. Culp? Aye. Mr. Berry? Aye.

I move we adopt Resolution 107-2026, a resolution to declare the structures at 6055 Delancey Avenue, also known as 6055 Fifth Avenue, Miamisburg, Ohio, 45342, to be unsafe and or structurally defective, and ordering such structures removed. Is there a second?

I'll second.

Any discussion?

Mr. Posey? Aye. Mr. Culp? Aye. Mr. Berry? Aye.

I move we adopt resolution 108-2026, a resolution to approve amendments to the appropriation of funds for 2026. Is there a second?

I'll second.

Any discussion?

Mr. Posey? Aye. Mr. Culp? Aye. Mr. Berry? Aye.

Next item on the agenda is a public hearing. I move to open public hearing for zoning case number 452-22. Is there a second? I'll second. Any discussion?

Mr. Posey? Aye. Mr. Culp? Aye. Mr. Berry?

Aye. So case number 452-22 is now open. The following will be the order in which the public hearing will proceed. Staff will give a report. The applicant will have the opportunity to speak. Anyone in favor or opposed to this case will have an opportunity to speak. And the board will then close the public hearing and make a final decision via resolution. The board will now hear a report from staff. Mr. Carlson, have all the legal requirements for this hearing been met? And will you present your report at this time?

Thank you. Yes. Good evening, board. The requirements for this case have been met. I do have a report as well as a recommendation from the Township Zoning Commission. Tonight's final development plan case is for a new seven brew coffee restaurant within the Austin Crossing Development ZC 452 dash 22. The Seven Brew is specifically located in the sort of southwest portion of the Austin Crossing development. You can see sort of where the new road merges into where the existing Springboro Pike Frontage Road is, directly between the Austin Crossing apartment building and State Route 741. In general, the applicant worked very well with our staff to ensure that all the standards of both township zoning resolution and specific Austin Crossing plan development standards were met. We went through a couple iterations of the plan and came up with a very creative solution to what is a very sort of practically difficult site. I'll flip through here a second so you can take a look at... It's one of the site as the road sort of narrows down. So it is sort of a spatially limited site. So something small like a seven brew certainly was a creative solution to take the most advantage of the land as we could and create a development that brings a lot of new amenities to the area where some of them do not exist. So my clicker is slow today. I'll stay on this for now. So the site plan, as you can see here, the seven breweries have a very small footprint. I'm sure you've seen them around the community as they're certainly expanding as a business. But we're under 800 square feet total, 510 for the primary building, about another 280 for the cooler itself. as you can see the drive-through parking lot takes up sort of the majority of this site the primary flow of traffic will be one direction it'll enter on the north drive flow to the south where it is a single direction exit point there is a exit as well to the north but that is predominantly going to be for employees who are coming and going there is not a walk-up window or You know other sit-down area so that is primarily for employees and the majority of traffic will be exiting from the south not two-way in the north although there will be some As I'm sure you recall from some of the previous final development plans within Austin Crossing, but also just looking at the site, there's significant grading on the site. So there are retaining walls throughout the site as it sort of platforms up. I think we're, in general, working with the developer, actually pretty excited about this. It'll be a unique look from 741 with, again, sort of tiered development with nice retaining walls. They've picked a really nice material, you can see here. But the entire frontage will be a retaining wall. Chick-fil-A will be sort of another tier up. The development in the back will be another tier up. it could be a really unique look from 741 but I just wanted to remind the board that this is sort of near 741 again on the 741 side but we teared up and pushed back a little bit I think it'll look very nice Here's the first iteration of the elevations. I'm not going to hang on these for too long, but working with the applicant, working with the developer, we came up with a second set. Again, this is uncolored to color, but there are some additional details here. Additional glass was added, parapets on the top of the building to help screen some of the roof mechanicals. introduced some additional base treatments to help create new architectural interest they eliminated a lot of the the neon blue striping that is sort of typical to their branding did allow it in one spot sort of on the 741 side in one area to be recessed but central to the site particularly near residences they were able to remove that so we think it'll look good They brought some of their colors down a little bit, that blue to meet some of our earth tone materials, the gray and earth tone. So we think it turned into a very nice looking facade. uh similarly the first iteration of landscaping we felt that they could do a little bit more to bring in landscaping particularly central to the site but also frontage landscaping on state route 741 particularly with that retaining wall to help buffer that and soften that a little bit so here's the second iteration they added a lot of landscaping we are very happy with the work they did to bring in screening trees to help with any potential headlights particularly adjacent to and Austin Springs Apartments. We think that will help a lot with breaking up any kind of headlight impact on those residences but again they worked really hard to bring in creative tree choices on 741 they're overhead power lines there so these are smaller growing trees so they won't have to get topped but they'll continue to grow and create a really nice wall on that frontage so on top of the trees lots of shrubs lots of flowers other things I think it'll look like a really well-designed site Lighting, the original lighting plan, we've tended to see lighting under certain canopies that have exceeded the maximum lighting required under our township zoning resolution. Working with Seven Brew, they were able to bring that back down. really very concerned about this site again directly adjacent to both residences and 741 we wanted to ensure that this wasn't just a beacon of light so they were able to pull the brightness down they've met our zoning resolution they've need all of our temperature standards as well so again very happy with the work they did on the lighting plan so zoning commission did recommend approval in a five to zero vote there were two stipulations these are sort of general housekeeping items across the awesome crossing development there are a lot of steps in the development process applications that are hinging on other applications so these are again more housekeeping rather than any particular falter or requirement for this development to change but all final approvals of the seven Brewer dependent upon the approval of the roadway so any trickle-down effects that would change would have to affect this site as well and then second approved stormwater letters from the county engineer must be submitted before a zoning certificate is issued are there any questions at this time

Thank you for your report. Thank you. The board will now hear from the applicant. The board will now hear from anyone in favor or, excuse me, sir, sorry if I missed you. A little too quick for you. Come on up. We're happy to hear from you.

Good evening. Matt Books, Director of Operations for Seven Brew Team in Ohio.

Mr. Carlson was very thorough, so I don't think there's a whole lot for me to add just to answer any questions that the board may have. We appreciate your accommodation and working with our staff. It's been good. It's going to look beautiful. Appreciate it.

Everyone's looking forward to Seven Brew from what I've been told. Sounds great. I don't drink coffee, but they tell me.

You're an energy guy, aren't you? Shotgun some Red Bull.

Thank you, sir.

Thank you. The board will not hear from anyone in favor or opposed to the case. Are there any further public comments? Let the record show there are none. At this time, I move we close the public hearing for zoning case number 452-22. Is there a second? I'll second. Any discussion?

Mr. Posey? Aye. Mr. Culp? Aye. Mr. Berry? Aye.

This time, I move we adopt resolution 109-2026, a resolution to adopt the final development plan under zoning case number 452-22. Therefore, be it resolved, the Miami Township Board of Trustees approves the final development plan under zoning case number 452-22 and upholds the zoning commission recommendation. Is there a second?

I'll second.

Any discussion?

Mr. Posey? Aye. Mr. Culp? Aye. Mr. Berry? Aye.

Department Head Commons, Chief Nielsen.

I don't have anything else tonight. Thank you, Board.

Thank you. Mr. Schweikert.

I have none.

Mr. Carlson.

I have no comments tonight, Board.

Mr. McCord.

No more comments.

Administrator Snyder.

I'll make one comment.

Again, just congratulations to Julie Fiebig. She's been working very hard for the police department in Miami Township throughout the years and certainly well deserved to have this promotion and also very much appreciate her willingness to take on this role and the responsibilities of being a lieutenant in the police department. We do only have two lieutenants, so this is a big position and a big responsibility, and we certainly look forward to working with her to continue to advance the department in the coming years.

Thank you.

Okay, Mr. Snyder. Board comments. Mr. Klingerman. No additional comments. Mr. Berry. No comments. Mr. Culp. No comment. I also have none. Therefore, I adjourn this meeting at 629 p.m. Thank you.