Board of Trustees - Regular Meeting

It is 6 o'clock p.m. I call this meeting of the Miami Township Board of Trustees to order. You please rise and join me in the pledge of allegiance to the flag of the United States of America and to the republic for it stands nationy for all. Roll. Mr. Posey, present. Mr. Cult here. Mr. Barry, absent. Chief Nielsson, you have the reading of casualties. Yes, sir, I do.

Officer Jeremy Hall with the Virginia DOC and an with a end of watch of November 17th. Police Officer Alex Sanders with the Alhamra Police Department in California with an end of watch of uh November 20th. and Sergeant Terry Mashkow with the Indian River Sheriff's Office in Florida with an end of watch of November 21st. Please join me in a moment of silence for these fallen first responders.

Thank you, Chief Neielson. You have our presentation for the evening. Yes, board. Thank you. I'm very uh proud and honored to help recognize and swear in Sergeant Justin Knight. Um he's here with his family and some friends. I'm going to ask him to step up to the podium with me real quick. Sergeant Knight, um we just kind of threw him into midnight shift as a sergeant just a couple weeks ago, but he's he's been with the township and the PD for about eight years now. Prior to that, he uh worked at the Dayton Mall. So, he he knows the township. He knows the area. Um folks around here know him. He does a great job for us. Very proud to have him as a sergeant. One of the most important critical jobs that we have at the police department. Um with his time at the uh PD, he's he's served on the road. He's been in the bike unit. Um and he's he's he's worked several years doing uh major case investigations, persons crimes and property crimes, all those kind of things. So, wealth of knowledge, wealth of experience, as I think the board and everyone here knows, we've we've got a pretty stringent lengthy testing process. Um, he he really shined through that, showing his showing his character, showing his competency. Um, and we're just excited here and I just want the board and everybody here to know that we're we're all proud of him. We all trust him and uh we are all here to look look very forward to the things that he'll be doing as a sergeant for us. So, I think the future's bright at the PD and it's because of people like like like Sergeant Justin Knight. So, um we'll get him up. Uh sir, if you want to help us and uh who do you have here to help pin your badge, everybody? Justin.

Awesome. We can go first. We swear of the United States of Ohio. Honestly, department. Congratulations. Congrats. questions.

Anything else for us, Chief? No, that's it. Thank you.

All right. For those of you that were here for uh just that ceremony, we won't be too upset if you excuse yourselves for the reception downstairs. Next item on the agenda is the consent agenda. Matters listed under the consent agenda are considered to be routine and will be enacted by one motion and one vote of consent. There'll be no separate discussion of these items. If a discussion is desired, that item will be removed from the consent agenda and considered separately. I move we approve the consent agenda. Is there a second?

I'll second. Any discussion? Mr. Posey. I. Mr. Cole. I. Moving on to new business. The first resolution is 99-2025, a resolution to authorize a tolling agreement. Second addendum. Mr. Schneider.

Good evening board. Uh we do have need to extend the tolling agreement that we're currently under. Uh this was previously extended under resolution 43-2025. Uh this extension would extend the tolling agreement from December 2nd, 2025 to September 2nd, 2026. Um if you have any questions, you do have a copy of the agreement in your packet. Um but again, this is simply an additional extension um on this existing agreement. Any questions? Thank you. Moving on, Mr. Schwiker, you have resolutions 100 and 101.

Yes. Good evening, board. Uh, both are housekeeping items. The first one is a resolution for a joint construction agreement with the city of Miamiisburg for our resurfacing program. We have been doing this uh uh collaborative effort since uh the year 2020. Um, while it is hard to track specific metrics of our savings, we have looked at similar jurisdictions in close proximity uh that do reflect uh the total of this uh uh combined uh effort and our pricing has been more favorable than some of those uh some of those uh jurisdictions. But uh also I'd like to note that that we are have implemented we have we did work on a three-year plan and we are looking at uh solidifying a five-year uh plan next year. Um allows our department to work ahead and potentially pivot with priorities such as grant projects and other initiatives. But uh back on the topic of resurfacing next year uh through our data analysis, we have several streets and culde-sacs and the villages of uh Miami subdivision along with our public works facility. And I'm happy to answer any questions regarding this resolution.

Any questions? No questions. The second housekeeping item is uh a resolution for the maintenance agreement of Washington Church Road. Uh that is in conjunction with Washington Township. Uh this agreement is a 5-year renewal agreement that was already in place. The only modification is the addition on the uh the the uh right development down there. Um, but it allows both jurisdictions uh to um maintain roadway obstructions, street sweeping, snow removal ditch, and maintenance like that. And I'm happy to answer any questions regarding that resolution. Thank you.

All right. Thank you, Mr. Carlson. You have resolutions 102, 103, and 104.

Yes. Good evening, board. Uh my items tonight are mostly housekeeping items. uh reappointments to both our board of zoning appeals, zoning commission and technical advisory committee with Miami Valley Regional Planning Commission. Uh the first being board of zoning appeals. Uh Jim Hamilton is up for reappointment. Uh he has recommend or staff recommends very strongly that we reappoint Jim. Uh and he also desires a reappointment to the board. Uh for the zoning commission, uh Jake Fryman is up as the alternate on the zoning commission. Uh again, he desires a reappoint. staff strongly recommends a reappointment. And then last, Mike Potest. Again, he would be a full-term member. Staff very strongly recommends reappointment. Um, also wanted to just note Mike Potest coming up next year, about halfway through the year, will be his 20th year serving on either the board of zoning appeals and zoning commission. Uh, Mike also served on the original Dayton Mall area master plan steering committee and the committee for the 2022 comprehensive plan. Uh Mike's impacts have been felt through a lot of the work we've done. He viewed a lot of the work down at Austin Landing. Again, been on our our zoning commission for a long time. So, I want to want to thank him for his time and service on the commission. Uh and again, very strongly recommend reappointment there. Uh the last item, technical advisory committee. Uh this is reappointing both Junior Cope from public works department and Max McConnell, our senior planner, uh to that committee. Uh it's a good way for us to stay involved in a lot of grant funding opportunities for infrastructure as well as stay connected with other member jurisdictions of the Miami Valley Regional Planning Commission. So uh both public works director John Schwer and I recommend uh that these two be reappointed to the committee. Is there any questions? Be happy to discuss.

Any questions? Thank you. Mr. McCord, you have resolutions 105 and 106. Yes. Good evening board. Uh, resolution 105 is a request to the county auditor for advances on real estate tax collections in the year 2026. And resolution 106 is an amended appropriation uh for some anticipated litigation expense prior to the end of the year. Be happy to answer any questions in addition to the memo and the packet.

Thank you for those explanations. Moving on, the next item is the public comment portion of the meeting. This is the portion of the meeting where you, the residents of Miami Township, are invited to share your thoughts with the board. Is anyone wishing to come forward? Moving on to consideration of resolutions and motions. I move we adopt resolution 99-2025, a resolution to authorize a tolling agreement second addendum. Is there a second? I'll second. Any discussion? Mr. Posey. I. Mr. I move we adopt resolution 100-2025, a resolution to authorize the township administrator to enter into a joint construction agreement with the city of Miamiisburg. Is there a second? I'll second. Any discussion?

Mr. Posey. I. Mr. Cole. I. I move we adopt resolution 101-2025, a resolution to authorize the township administrator to enter into a maintenance agreement with Washington Township. Is there a second? I'll second. Any discussion? Mr. Posey, I. Mr. Cole, I I move adopt resolution 102-2025, a resolution to reappoint a member to the board of zoning appeals. Is there a second? I'll second. Any discussion? Mr. Posey, I. Mr. Co. I. I move we adopt resolution 103-2025, a resolution to reappoint members to the zoning commission. Is there a second? I'll second. Any discussion?

Mr. Posey. I, Mr. Cole. I I move we adopt resolution 104-2025, a resolution to appoint township reappoint township representatives to the Miami Valley Regional Planning Commission. Is there a second? I'll second. Any discussion? Mr. Posey, I. Mr. Cole, I I move we adopt resolution 105-2025, a resolution to request tax advances from the McGomery County Auditor in fiscal year 2025. Is there a second? I'll second. Any discussion? Mr. Posey, I. Mr. Cole, I I move we adopt resolution 106-2025, a resolution to approve amendments to the appropriation of funds for 2025. Is there a second? I'll second.

Any discussion? Mr. Posey. I. Mr. C. I. Moving on to public hearings. I move we open the public hearing for zoning case 411-12. Is there a second? I'll second. Any discussion? Mr. Mr. Posey I. Mr. Cole I.

Zoning case 411-12 is now open. The following will be the order in which this hearing will proceed. Staff will give a report. The applicant will give a presentation. All proponents will speak. All opponents will speak. A time limit of five minutes will be placed on each of the speakers. When speaking, please give your name and address for the record. The board will then review and record the findings of fact requirements for this case. The board will then close the public hearing and make a final determination on the findings of fact and then the board will make a motion on the resolution concerning this case. The board will now hear the report of the staff. Mr. Carlson, have the legal requirements for this hearing been met? They have. Would you review your report at this time?

Yes. Thank you, board. Uh before you tonight, zoning case 411-12, a reszoning request uh for about 7.4 acres uh just north of the existing wind supply lot uh over on Buyer Road. Uh flip over here. Uh it's the AC3, that yellow parcel there. Again, just directly north of their existing facility, directly across from Benner Road. Uh the wind supply plan development was created at the time that many of the parcels along Buyers Road were reszoned into the general Austin Center zoning district. Uh but wind supply is an existing use. Um again, a use that isn't otherwise typically seen in the Austin Center District. uh was uh reszoned at the time into a planned development. Again, very much tailored for their specific use. Their kind of building style um but similar building design and and landscape design can be seen sort of through the rest of the Austin Center uh development. So, uh there are a couple things there that are different. Probably the largest being that they have the ability to have an outdoor storage area um for certain materials that are just impractical to store within their facility. uh but otherwise largely follow the standards of the Austin Center District. Uh here's a look at the preliminary plan that the applicant has put together uh showing their desired expansion which is the uh reason that they are looking at reszoning sort of the north lot. So you can see the dividing line um it's sort of vertically running through where the new outdoor storage area would be. Um so they are essentially doubling the size of their facility. Um adding additional parking area uh and really the primary need for uh the reszoning of the lot to the north of their existing facility is uh both access as well as the uh outdoor storage area. Uh there's really some pretty significant grading. Uh John R is here tonight with the applicant. Um the way the site kind of works, if you can picture it really quickly drops off and

kind of goes down into the into the site. So, uh really the vast majority of any outdoor storage or parking will be much like it is today. You're not going to see it from Buyer Road. Uh and really very little from Interstate 75. Um that that runs just on the east side of the site. So, um talking with county engineers, uh we're working through sort of longer term plans at Buyers Benner Road about uh what that would look like and and how that um intersection will function. Um, today the county engineer has has stated, you know, this is an existing access point. They certainly can get access there. Uh, they don't believe that the the new traffic uh flowing from that will function any differently than uh what exists at their southernmost point if that were to be the only access point. Um, but again, at the township level, I think we should be having conversations about Benner and Buyers Road and sort of how do we reconfigure that, whether that's future signalization or uh sort of a two-lane roundabout like can be seen in other places. There's a lot of solutions we need to sort of study, but um potentially doing that in conjunction and the timing with the future final development plan of the applicant is is probably pertinent as far as a study goes. But again, no immediate concerns from the county engineers as far as the function of uh that intersection with the trips generated from this site. Uh taking a quick look at the uh sort of standards that we take a look at uh as we're reviewing any reasonzoning. Again, the development schedule is is sort of to be determined once the zoning is uh granted or not. Public health safety morals. Uh this certainly aligns with the general township comprehensive plan marking industrial character land uses along this corridor. Uh certainly don't feel that there's any conflicting land uses nearby. Uh just to the north is the FedEx site. Um again sort of the south is the existing wind supply and then across the street there's more industrial uses there on uh Benner Road

traffic control and access again this has been a big uh conversation item and we certainly believe that there will be more conversation heading into a final development plan but uh largely we feel that uh the site will will continue to function uh well uh similar to how it is today. county engineers. Again, no new no new issues proposed from this access, noting that it was intended for a similar type use, even if it's not exactly uh wind supply, but uh it was it was cited there intentionally to be directly across from Benner Road to accommodate large truck turning movements. Public service burden, I don't anticipate any new uh public service burden here. Arrangement compatibility of structures. Again, uh this corridor was designed for large uh structure industrial type users. Uh and then talking with the county engineer, due to the uh very interesting site grading, storm water facilities will be something we'll look at uh very closely in the final development plan phase. Uh so again, if the request is approved, this would bring the north site into the uh wind wholesale wind supply plan development to the south, allowing them to proceed with an FTP. If not, this would remain in the Austin Center zoning district and the zoning commission did recommend approval in a 4 to zero vote. Uh does the board have any immediate questions at this time?

Any questions for staff? Thank you for your thorough presentation as always. Thank you. the board. I'll now hear from the applicant. Anyone wishing to come forward?

Good evening. I'm John R of Roland Associates, 3176 Karing Boulevard in Dayton. I'm the architect for Wind Supply. Uh I won't take up too much your time. We're talking resoning tonight, not uh not the actual final development plan, which we'll be presenting next month. We're in the process of uh developing that including all the Alex referred to the storm water. There's a lot of engineering questions on this shite site because of the uh the grades at the north end. So we're addressing all that and uh uh we should have the majority of it solved we think and we'll be presenting that to you soon and and the county also. So, but if there is any questions on what Alex presented, I'm happy to answer them.

Thank you for coming in today. Okay. Thank you. The board will now hear from all proponents. The board will now hear from all opponents. At this time, the board of trustees is required under article 31, section 3104 of the Miami Township zoning resolution to make a specific findings of fact based on upon the particular evidence presented at this hearing. The recording secretary shall now read each standard and call the rule to determine the finding of each trustee on the following standards.

Section 3104A. The site will be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development standards where only proposed uses and development standards are to be adopted providing for pedestrian accessibility and connectivity throughout the design. Answer: True or false? Mr. Posey. Yes, Mr. Culp. True. Thank you. I think it's a yes or no answer. Okay. Yes. Then

it's true or false under the lines. Section 310B. The proposed development development standards adequately address issues related to the compatibility with adjacent uses, environmental issues, and overall design compatibility, including lighting and landscaping, and do so in a manner that improves upon NAP troop has been achieved under the new PD zoning standards. Mr. Mr. Posey. Yes. And true. Mr. Cole. Yes.

Section 3104 C. The proposed development for development standards are intended to produce a superior design and construction that would normally occur under the nonPD zoning standards. It will not cause an undue burden on public services and facilities including but not limited to fire and police protection. Mr. Posey. Yes. Mr. C. Yes. Section 3104D. The proposal is in accordance with the goals and policies of the comprehensive plan. Mr. Posey. Yes. Mr. Culp. Yes.

Section 3104E. If the project is proposed to contain non-residentidential uses, the conditions imposed mitigate any potential significant impacts associated with the proposal, including maintaining a minimum 50 foot distance from a retail office or other non-industrial business structure or 100 ft distance from a manufacturing structure to a residential building outside of the play development district with a minimum 30 foot property line set back for retail, office or other non-industrial real use and 50-foot property line set back for a manufacturing use along any property lines adjacent to a residentially zoned property. Mr. Posey, yes.

Mr. Culp. Yes. I now move to close the public hearing for zoning case 411-12 and find that all of the above standards were met by the evidence presented in the public hearing. Is there a second? I'll second. Any discussion? Mr. Posey? Yes. Mr. Cole. Yes.

This time I make a motion to approve resolution 107-20225, a resolution to adopt a zoning map amendment to PD5 mixeduse plan unit development district for zoning case 411-12 for wind supply. Therefore, be it resolved the Miami Township Board of Trustees approves the zoning map amendment under zoning case 411-12 and upholds the zoning commission recommendation. Is there a second? I'll second. Any discussion? Mr. President, I Mr. Call I. Next item on the agenda is department head comments. Chief Nielsen, I don't have anything else. Thanks, board. Thank you, Mr. Schwiker.

I just want to take a moment and thank my staff during the storm the other night. They did a fantastic job and let the residents know that as soon as applicable, we'll get back out and finish the leaf collection. The daily updates are on the website if they would like to be notified. Thank you. Thank you, John. Mr. Mr. Carson, no comments tonight. Board, thank you. Bogner, Mr. McCord, just uh to remind everyone that tomorrow uh at 11 o'clock, we have an open session to go over the uh 2026 appropriations budget. And um it Snider comments. Board comments. Mr. Clingerman. Uh no comments.

Mr. Cult, I have no comment. I would uh like to again congratulate Mr. Sergeant Knight on his appointment and his swearing in today. Uh his daughter couldn't decide to keep her eyes on Mr. Clingerman or Mr. Knight and that was uh very encouraging to watch. Uh I'd like to thank Mr. Schwiker for his team and his team for their efforts. It was uh nice to be able to head into work with the township roads more clear than most of what else I traveled. Uh with that we will be adjourning into a work session in the conference room. We will be conducting no further business without returning to this room and we'll be adjourning from the work session unless we return. Thank you.