The Washington Township Board of Trustees met in Regular Session on July 2, 2007, at 7:30 p.m. at the Washington Township Government Center, 8200 McEwen Road. President Blair opened the meeting, gave an invocation, and led the Pledge of Allegiance.

MINUTES OF PRECEEDING MEETINGS

It was moved by Mrs. Young, seconded by Mr. Snyder, that the Board approves the minutes of the Regular meeting held June 18, 2007, and the Workshop held June 25, 2007.

Vote on Motion: Young, aye; Snyder, aye; Blair, aye. M2007-223

FISCAL OFFICER’s Business

Citizen Concerns

Randy Sparks, 2436 Mill Trace Lane, spoke on behalf of a group of parents whose kids are members of the Sharks Swim Team. He thanked Mark Davis, former coach, for his efforts and the Trustees for their continued support of the swim program. He asked for a full-time coach and a fully-staffed team of assistant coaches and for a competitive compensation and benefits package to attract and retain top coaching talent.

SWEARING IN OF ZONING APPEALS BOARD MEMBER

Dan Gross recently resigned from the Board of Zoning Appeals. The Washington Township Board of Trustees interviewed applicant Amy Fish and was impressed with her qualifications.

It was moved by Mrs. Young, seconded by Mr. Blair, that the Board appoints Amy Fish, 1578 Waterbury Woods Lane, Washington Township, Ohio, to a five-year term on the Board of Zoning Appeals, effective July 2, 2007.

Vote on Motion: Young, aye; Blair, aye; Snyder, aye. M2007-224

ZONING CASE – Z-681 A QI EXCHANGE CORP.

A request was made for approximately 85.69 acres of land located on the north side of Clyo Road, approximately 1,669 feet south of Spring Valley Pike. The property is currently zoned Planned Development Residential Two Stage and the proposed change is to Planned Development Residential Two Stage with a Second and Final Stage Review for a senior independent living community. The Zoning Commission reviewed this application at their April 17, 2007, meeting and approved it with modifications.

Mr. Snyder excused himself from this case.

Mr. Blair asked Mr. Surdyk if he had any comments regarding this case. Mr. Surdyk, the Township's law director, indicated that he did. He had met with staff and reviewed the status of this case since the last Trustee meeting. A large amount of information has been exchanged between the Township and the applicant since the time of the last meeting. As of June 28th, the applicant submitted a revised site plan in response to some of the questions asked. The applicant has a large amount of information to present to the Trustees regarding elevations and building materials, which would normally be considered by the Zoning Commission and then a recommendation made to the Trustees. This would give the Zoning Commission the opportunity to fulfill its responsibilities to make a total review and to make a recommendation, and would simplify the Trustee's task by knowing exactly what is being presented and what is being requested for approval. In this case, because of the large size of the development and the great number of details, Mr. Surdyk expressed his concern that the Zoning Commission did not have the opportunity to make that review. He believed there were three options available: 1. Go forward with this case using the old site plan. 2. Continue the case to a later date. This would give staff time to work with the applicant and obtain answers to some of the questions about the elevations and then follow up with a recommendation. 3. The last option would be to have the applicant go back to the Zoning Commission with a revised site plan, additional elevations, and information concerning the building material. Once the Zoning Commission has considered all of the information presented and prepared a recommendation, the entire package would then be presented to the Trustees. The plans submitted and approved by the Zoning Commission would be the same plans presented to the Trustees and the Trustees would know exactly what they are being asked to review. Mr. Surdyk acknowledged from his discussions with Mr. Montgomery that time is of the essence and he was also aware that the Zoning Commission’s next meeting is July 17 th and that this item could be placed on their agenda. Their recommendation could then come before the Board of Trustees on August 6 th or August 20 th. The Board’s decision could then be a final decision and would go into effect immediately. There would not be a thirty day waiting period.

Mrs. Young indicated her preference for a more complete review by the Zoning Commission since there are a number of issues needing answers.

David Montgomery, Pickrel Schaeffer & Ebeling, represented the applicant. He indicated that the majority of the Trustees’ questions were already answered at the Zoning Commission meeting. When they met with staff, it was recommended that they give a condensed version of their original presentation to the Trustees. This is what was done. The result was that the Trustees had questions and issues, which were part of their original presentation before the Zoning Commission. Most of what they wanted to present at the Trustee meeting was previously presented to the Zoning Commission. He further believed that they could work through most of the issues, if not all of them. He indicated that a couple of tweaks were made to the site plan, which they are prepared to discuss in detail. None of them are substantial changes, in his opinion. He requested the opportunity to discuss these changes with the Trustees and to not remand the case back to the Zoning Commission.

After further discussion, Mr. Blair requested Jo Postle, Development Services Director, to summarize the changes. Mrs. Postle did so.

Mr. Montgomery gave a presentation describing where they are headed with this development, the size of the structures, employee issues, parking issues and other related issues.

David O’Neil, represented White Oak and responded to a question concerning the construction schedule. He indicated that it is anticipated that construction will begin and will continue without a break between the three construction phases. He described how the construction process would flow. He also discussed the mechanical system at the lodge, which will be a geothermal based system, using ground water, and will not require an outside unit. This will depend on the results from a test well. They are not anticipating needing a fossil fuel heating system that would require outside mechanicals at this time. Mr. Montgomery, however, indicated that if an outside unit was needed, they would be adequately screened.

Eric Sauer, Envision Works, the landscape architect discussed the amenities package and the differences between the June 4 th and June 27 th site plans.

Brian Weaver, ALT Architecture, discussed the architectural features. He indicated that they do not have detailed floor plans since they usually wait for rezoning approval. They did, however, have a general idea to present. He described or showed the materials that would be used. He emphasized that they are committed to the finality of the footprints presented in the site plan.

Mr. Montgomery re-emphasized they are committed to the building footprints, including the size and shapes of the buildings shown, and to their uses. The allocation within the buildings, however, may vary at the final construction stage. The Zoning Commission has seen all of the material shown except for the color elevations, which were provided at the Trustees’ request, and the mock up elevation.

Following a brief recess, Mr. Blair asked if there were any citizens who would like to speak.

Ed O’Neil, 5819 Paddington Road, is a former vice-president of the Dayton Daily News and the Dayton Journal Herald, and is a retired publisher of the Springfield News and Sun. He spoke about how leadership is going down the tubes and how difficult it is for anyone in the Township, in the County and in Ohio to make a decision. He believes the process is getting mired. He believes Washington Township is a wonderful place to live. He admires the smooth manner in which the Township operates. He indicated he is related to the developer. He believes the developer has dreamed large in this project and he would like to see a conclusion where someone can either put a Township stamp on a floor plan and it is either done or everyone goes home. He believes he has a better view of this project than the Trustees because he was there when the presentations were made to the County, a large Board that includes three County Commissioners. During that meeting there was unanimous consent after serious deliberations to go ahead with this project. Someone asked if this project fit in with the land use plan. According to Mr. O’Neil, Chuck Curran’s response was that this is what was dreamed of when the land use plan was written. He pointed out that the Zoning Commission gave unanimous approval and that he was surprised that it was not approved at the last Trustee meeting. He believes this is a dream project and oozes quality and he pointed out that he did not have any financial interest in this project. From a business standpoint, there will be 332 luxurious living units added to the Township that will bring in around $50 million in taxable value. He also pointed out that he has not heard several things. One thing he has not heard is the word variance and another is tax abatement. He added that this development would not place an additional burden on the school district or, with the fire suppression system that they have, on the Fire Department, or on the Police Department. In closing, Mr. O’Neil, as a lifelong story teller, indicated that he would like to someday tell the story of new people who found excitement, safety, fun, and maybe even love at the new Bonnybrook White Oak.

Greg Gochenour, 7415 Bergerac Ct., agreed with a lot of what Ed O’Neil said. He believes this is a wonderful project. He pointed out that he is not related to Mr. O’Neil and has no financial investment in this project. He believes that we have to depend on them to do the best they can. He indicated that due to field conditions, they cannot put everything in writing at this time. A few things will have to be tweaked. He supported approval.

Holly Channell, 9236 Clyo Road, indicated she sees a negative impact on the Township with all of the building and developing. She asked about the tree buffer on the west side. She is concerned about the lighting and noise. She is also concerned about the number of trees that are going to be cut to accommodate all of the buildings. She asked about all of the wildlife leaving the property due to construction. She asked about the timing of traffic from the employees and delivery trucks. She believed when you add the guest units to the total, there will be more than 332 units. She recommends reducing the number of units by 15. She asked about the geothermal system and wells. She asked if they are going to drill wells and if it would affect the wells in the neighborhood. She expressed her appreciation for the Trustees taking the time to learn the details and requested the Trustees to go slowly when approving anything new.

An unidentified person discussed the buffer on the west side. He also pointed out that David O’Neil is a resident of Washington Township who cares greatly about this community. He indicated that light bleeding will be less than what currently exists.

Mr. Montgomery indicated that the employees and delivery trucks will be moving during off peak hours. He indicated that the concerns Ms. Channell expressed will be the same concerns that the residents of the White Oak community will have and that every effort will be made to minimize them.

Mr. Blair indicated that the geothermal system is just a method of heating and cooling that takes advantage of the more constant temperature of the earth. Mr. Montgomery indicated that it is much more ecologically friendly than using your normal fossil fuel type of heating and cooling system.

Mr. Blair closed the public hearing for the zoning case.

Mr. Blair asked staff to meet with Bob Surdyk and come up with a document that would spell out what was being approved and then to work with the applicant to make sure it is done. This document would be signed by the Trustees and would give the building department something to use as a basis for enforcement.

Mr. Blair continued the hearing.

Departmental Business

FIRE

Contracts

The Washington Township Firefighters Local 3369 contract expired on June 30, 2007. Washington Township has been negotiating with the firefighters over the last several months and has come to an agreement on the new contract, which would expire on June 30, 2010. The new contract calls for a wage increase of 3% in 2007, a wage increase of 3% in 2008, a wage increase of 3% in 2009, and all effective on July 1. In addition, there are some text changes, which have no economic impact.

It was moved by Mr. Snyder, seconded by Mrs. Young, that the Board authorizes the Administrator to enter into the contract with the Washington Township Firefighters Local 3369 as outlined in the tentative agreement, which will expire on June 30, 2010.

Vote on Motion: Snyder, aye; Young, aye; Blair, aye. M2007-225

The 2007 Budget identifies the purchase of water vacuums. Staff requested three quotes and received only two. The water vacuum replacements were budgeted at $8,200 and the quote came in at $6,245.

It was moved by Mr. Snyder, seconded by Mrs. Young, that the Board authorizes contracting with Certified Air Safety, Portland, Oregon, to purchase 5 water vacuums including shipping at the approximate cost of $6,245 .

Vote on Motion: Snyder, aye; Young, aye; Blair, aye. M2007-226

Training

Chief Bill Gaul is recommending that Lt. Scott Kujawa attend the Developing the Leader Within You training in Columbus, Ohio, from July 23, 2007, through July 25, 2007, at a total cost of approximately $579.

It was moved by Mr. Blair, seconded by Mrs. Young, that the Board authorizes Lt. Scott Kujawa to attend the Developing the Leader Within You training in Columbus, Ohio, from July 23, 2007, through July 25, 2007, at a total cost of approximately $579.

Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2007-227

Repairs

Engine 41 has been experiencing issues with its transmission. Mechanic Dave Herbst is recommending its repair at Reliable Transmission, Dayton, Ohio, at the approximate cost of $8,000.

It was moved by Mrs. Young, seconded by Mr. Snyder, that the Board approves the repair of Engine 41 at Reliable Transmission, Dayton, Ohio, at the approximate cost of $8,000.

Vote on Motion: Young, aye; Snyder, aye; Blair, aye. M2007-228

Appointment

In years past, former Fire Chief Ken Parks represented Washington Township as the alternate member for the Miami Valley Fire/EMS Alliance. With Chief Parks’ retirement, current Chief Bill Gaul needs to be appointed to serve as the alternate.

It was moved by Mr. Snyder, seconded by Mrs. Young, that the Board appoints Chief Bill Gaul as the alternate member to the Miami Valley Fire/EMS Alliance.

Vote on Motion: Snyder, aye; Young, aye; Blair, aye. M2007-229

PUBLIC WORKS

Contracts

The State of Ohio requires Washington Township to bid their lighting service agreement, even though Dayton Power and Light is the only company who can provide it. Washington Township has bid this and has a new contact available for 2½ years, which will expire December 31, 2010.

It was moved by Mrs. Young, seconded by Mr. Blair,that the Board authorizes the Administrator to enter into the Washington Township Street Lighting And Energy Service Agreement with Dayton Power and Light, and approves the adoption of the Resolution authorizing the Township Administrator to enter into a contract for street lighting services for use on public grounds and streets in Washington Township, as presented.

Vote on Motion: Young, aye; Blair, aye; Snyder, aye. R2007-008

The Winterhalter house and the modular home to the east had electric services disconnected by DP&L due to hazardous service conditions. The existing service on the west side of the Winterhalter house needs to be removed and rebuilt. In addition, DP&L recommends changing the conductor from overhead to underground. Staff has received a quote from Active Electric to perform the necessary electrical work. The quote came in at $3,350.

It was moved by Mr. Snyder, seconded by Mrs. Young, that the Board authorizes the Administrator to enter into a contract with Active Electric, Dayton, Ohio, for the necessary electrical work at the Winterhalter house at the approximate cost of $3,350.

Vote on Motion: Snyder, aye; Young, aye; Blair, aye. M2007-230

During the last several months, staff has been working with the residents of Sterling Cove for requested improvements to that development. In order for the assessment project to begin, it is necessary for Washington Township to accept the road of Sterling Cove for public use and maintenance. The streets to be accepted are:

Olde Sterling Way 2,367 linear feet

Southwick Circle 156 linear feet

Additionally, Washington Township needs to accept the bid for the roadway improvements.

It was moved by Mr. Blair, seconded by Mrs. Young, that the Board accepts for public use and maintenance, the streets in Sterling Cove, Olde Sterling Way, 2,367 linear feet, and Southwick Circle, 256 linear feet.

Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2007-231

It was moved by Mr. Blair, seconded by Mrs. Young, that the Board establishes the speed limit for streets in Sterling Cove at 25 miles per hour and authorizes the placement of signage in accordance with the Ohio Manual of Uniform Traffic Control Devices.

Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2007-232

It was moved by Mr. Blair, seconded by Mrs. Young, that the Board approves stop signs for Sterling Cove at the appropriate locations in accordance with the Ohio Manual of Uniform Traffic Control Devices.

Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2007-233

It was moved by Mrs. Young, seconded by Mr. Blair, that the Board authorizes the Administrator to enter into a contract with John R. Jurgensen Co., Dayton, Ohio, for the approximate cost $328,826.73 for Sterling Cove roadway improvements upon approval of a line of credit.

Vote on Motion: Young, aye; Blair, aye; Snyder, aye. M2007-234

RECREATION

Proclamation Recognizing the Benefits of Parks and Recreation

July is Parks and Recreation Month. To recognize it as such, jurisdictions nationally are adopting proclamations highlighting the benefits of parks and recreation.

It was moved by Mrs. Young, seconded by Mr. Blair, that the Board adopts the following Proclamation recognizing the benefits of parks and recreation.

Recognizing the Benefits of Parks and Recreation

WHEREAS, parks and recreation activities enhance the physical health and mental well-being of individuals, work forces, and communities; and

WHEREAS, participation in recreation programs builds self-esteem and provides positive and constructive alternatives to anti-social behavior; and

WHEREAS, parks and recreation opportunities and open space enhance the desirability of communities as locations for business, industry, and residential housing; and

WHEREAS, parks and recreation stimulates tourism revenues and the economic development of communities; and

WHEREAS, parks and open space are vital to the appearance and livability of communities, protect our air and water, and balance our ecosystem; and

WHEREAS, it is the right of everyone regardless of age, race, color, religion, gender, national origin or ability to participate in parks and recreation programs and activities and enjoy parks and open space.

NOW, THEREFORE, BE IT RESOLVED that all citizens of this community join with citizens of other communities throughout this great state in recognizing that parks and recreation services are essential to the quality of life not only in July during “July is Parks and Recreation Month”, but all through the year as well.

Proclaimed this 2nd day of July 2007.

Vote on Motion: Young, aye; Blair, aye; Snyder, aye. P2007-016

ADDENDUM

For several years, the Fire Department has been working to identify cost-effective ways for replacing the concrete curb approach and ramp at Station 41. Quotes were obtained by staff that far exceeded available dollars. The City of Centerville recently included this project in their annual curb and sidewalk program as they will be replacing the curb in front of Station 41 this year. The approach was quoted at $7,382.38 while the drive was quoted at $10,080. The City received five quotes with Jergens-Bales Contractors providing the lowest and best bid.

It was moved by Mr. Blair, seconded by Mrs. Young, that the Board authorizes the Administrator to enter into an agreement with the City of Centerville, Ohio, for concrete work at Station 41.

Vote on Motion: Blair, aye; Young, aye; Snyder, aye. M2007-235

TOWNSHIP Administrator’s Report

None.

CHECK REGISTER APPROVAL

It was moved by Mrs. Young, seconded by Mr. Blair, that the Board approves the Regular Check Register dated July 2, 2007, in the amount of $166,133.82; said amount having been certified and appropriated.

Vote on Motion: Young, aye; Blair, aye; Snyder, aye. M2007-236

It was moved by Mrs. Young, seconded by Mr. Blair, that the Board approves the Recreation Refund Check Register dated July 2, 2007, in the amount of $1,994.50; said amount having been certified and appropriated.

Vote on Motion: Young, aye; Blair, aye; Snyder, aye. M2007-237

It was moved by Mrs. Young, seconded by Mr. Blair, that the Board approves the Special Check Register dated June 25, 2007, in the amount of $48,327.01; said amount having been certified and appropriated.

Vote on Motion: Young, aye; Blair, aye; Snyder, aye. M2007-238

Trustee Comments

Mrs. Young wished everyone a happy Fourth of July.

ADJOURNMENT: 11:03 P.M.

All formal actions of the Board of Trustees of Washington Township concerning and relating to the adoption of resolutions and/or motions passed at this meeting were adopted in an open meeting, and of any of its committees resulting in such formal action, were in meetings open to the public, in compliance with the law, including Section 121.22 of the Ohio Revised Code.

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President

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Fiscal Officer