DEERFIELD TOWNSHIP REGIONAL STORM WATER
REGULAR DISTRICT BOARD MEETING
April 12th, 2005
President Susan Berger called the meeting to order at 6:37 P.M.
ATTENDANCE:
Those present at the meeting were:
Board Members: Susan Berger, Walt Daniels, and Jeff Thomas
Attorney: Eric Luckage, Albers & Albers
Administrative: Patricia Rexford
Public: Jamie Coleman – CDM Engineering
Diana Halligan – Deerfield Township resident
Becky Diehl, Matt Lesher, Donna Whitson, and Amy Alesch – Miami University
Marsha Rolph and David McElroy – Warren County Soil & Water Conservation District
Larry Wiser – Warren County Water and Sewer
APPROVAL OF MINUTES:
The meeting minutes dated March 8th, 2005 were reviewed.
Ø Action Taken/Required: Jeff Thomas made a motion, and second by Walt Daniels to accept the minutes. Vote: All Yes
PAYMENT OF THE BILLS: Patricia Rexford presented her time and expenses for the month of March, a total of $157.94. Mariemont Insurance invoice number 19492 in the amount of $20.00; Albers and Albers invoice number 11532, in the amount of $2,945.20; Albers and Albers invoice number, 11563, in the amount of $4,412.25.
Ø Action Taken/Required: Motion by Jeff Tomas and second by Susan Berger to accept and pay for the invoices listed above. Vote: All Yes.
UNFINISHED BUSINESS AND GENERAL ORDERS:
The final, revised Memo of Understanding between Warren County Soil and Water Conservation District, Deerfield Township, and Deerfield Regional Storm Water District was reviewed and accepted. Susan Berger was authorized to sign the document on behalf of the District.
Ø Action Taken/Required: Motion by Walt Daniels and second by Jeff Thomas to accept the Memo of Understanding from Warren County Soil and Water Conservation District. Patricia Rexford will give the original signed memo to Larry Weis so that the Township can read and sign it; then she will give a copy to the board members. Vote: All yes.
David McElroy explained to the board that markers are now available for the sewers and drains within the Township. Warren County Soil and Water Conservation is looking for several volunteers to help mark the drains and David handed out a brochure with the contact information for volunteers. The Conservation received some Grant money to help pay for the markers and the door hangers are available at no charge to the District. David suggested that the District should budget about $5,000 for the storm drain markers. There was also brief discussion with Marsha Rolph regarding two sided road signs and poles, she will get pricing for the signs and poles.
CDM Engineering contract – Eric Luckage indicated that he spoke with CDM’s attorney about the Mr. Luckage’s requested changes. An agreement was reached on all except two issues, which Mr. Luckage felt the Board should decide. The first dealt with Eric’s proposal that CDM indemnify “anyone who is threatened to be made a party” to a lawsuit stemming from CDM’s actions. CDM wants this language removed. Mr. Luckage indicated that the language offers protection for a most unlikely scenario and that CDM felt strongly about its removal. MR. Luckage was comfortable removing the language. The second issue involved CDM’s request for a cap on their liability. Mr. Luckage suggested that CDM’s liability should be their fees, one million dollars, or the amount of their insurance coverage, whichever is greater (to insure that all financial responsibility is met). These changes were discussed the same day as the monthly meeting, and could not be presented for final approval. Eric presented the changes discussed and suggested they should be accepted with a resolution contingent upon Eric Luckage’s final review and approval.
Ø Action Taken/Required: Motion by Susan Berger and second by Jeff Thomas to accept the contract with the revisions discussed, contingent upon Eric Luckage’s review and approval of the final language. Vote: All yes. Motion by Walt Daniels and second by Jeff Thomas to accept CDM’s Task Order number One, contingent upon approval of the Master Service Agreement. Vote: All yes. CDM will be attending the District’s meetings in May.
There was brief discussion regarding posting the notice of the monthly meeting and resolution. The meeting location and time was posted in the local newspapers as well as the Cincinnati Enquirer.
Ø Action Taken/Required: Motion by Jeff Thomas and second by Walt Daniels to accept the Method of Public Notification for Monthly Meeting. Vote: All yes. Patricia Rexford will post the meeting notice and resolution, in addition to confirming that the room is available for use for the District’s meeting. It was noted that if the room were not available, the meeting would be held at Cottell Park in the Snyder House.
Susan Berger led a discussion regarding the Polk Run meeting. She spoke with Barbara Wilkens-Reed briefly before the meeting. Ms. Reed informed Susan that the Polk Run sewer is “tapped out”; there are not any more development options available for Polk Run. In order to have more development, current problems must be fixed, but the problems are not within the Townships territory. There are also issues with the Little Miami Watershed.
At the meeting, existing lakes were identified, including best detention areas, which are in Deerfield Township. There was a map available at the meeting with the lakes and street names, along with discussion about what has been developed and purchased. Ms. Reed informed the attendees of information she has (regarding available land and developments), and there was not as much land available for development than was thought. Issues with Lake Chetac were also brought up, specifically parties, trash, and lack of maintenance. There was talk of several Townships purchasing the lake and maintaining it. Providing retention for 100 year floods would not work simply because it is too cost prohibitive to move forward with. Susan provided test results which were handed out at the meeting, Susan Berger and Walt Daniels didn’t feel the study was very in depth and probably needed more detailing.
Ø Action Taken/Required: Walt Daniels requested a copy of the study results, Susan Berger gave them to Patricia Rexford, and she will get a copy to both Walt Daniels and Jeff Thomas.
Jeff Thomas attended a meeting for the Little Miami Watershed. There are treatment plant issues with the Little Miami River. The owners of the plants have to bring forward steps and goals to improve the water quality of the river. The State has to be certain the Ohio EPA endorses the water shed plan. Diana Halligan presented copies of the watershed map that were handed out at the meeting.
Ø Action Taken/Required: None
Susan Berger informed the board members that the Township approved the additional funding the District asked for. The check has not been received as of yet, but is expected anytime. She also said the District should expect an invoice from the Township for Larry Weis’s time.
Ø Action Taken/Required: Patricia Rexford will check with Larry Weis as to when the District may receive the check for additional funding.
Susan Berger briefly mentioned that she has talked with someone regarding a website for the District and would have more information at a later time.
Ø Action Taken/Required: Susan Berger will present the board members with the information when she has it available.
All the board members reviewed information Susan Berger provided for an Accountant, specifically Soper, Soper, and Weinel, C.P.A. Susan had a brief discussion with Steve Soper about the District and the needs that the District would have in the near future. Susan didn’t feel the need to “interview” for an Accountant, and based on the experience of Soper, Soper, and Weinel, C.P.A., she was comfortable with them. Eric Luckage explained the logistics of the need for an accountant, and the company should have some experience in the Government/Municipality area. Walt Daniels suggested that the Accountant (Steve Soper) should meet with Jeff Thomas and Patricia Rexford.
Ø Action Taken/Required: Patricia Rexford will schedule a time for Jeff Thomas and Patricia to meet with Steve Soper, prior to the next meeting.
There was discussion regarding Frost, Brown, and Todd’s Public Records request. No one really understood who should receive the information and what should be sent. It was suggested that Scott Brown should be contacted and confirm what information Landen Farms Community Services Association (LFCSA) is looking for.
Ø Action Taken/Required: Patricia Rexford will contact Scott Brown and find out what information he would like to have from the District.
Comments from the Public:
At the request of the District, Larry Wiser with Warren County Health District brought up drainage, flood, and health issues. Susan Berger was under the impression that the Township needs to coordinate these issues with the County. Larry Wiser explained his involvement of sewage, storm water retention, etc. Susan Berger wanted to be certain the District is meeting the County’s requirements for illicit discharge elimination and protocol. Ohio EPA had concerns about tracking complaints and the county would work with the District regarding complaints from residents. Mr. Wiser also informed the District that there are 158 home sewer systems in the Township that are regularly inspected. If there are any changes to an existing system, the owner has to apply for a new system. Home sewers dated prior to 1987 are not inspected annually; they are only inspected if there is a complaint about that particular system. He also informed the district that he could get any information about the home sewer systems that the District requested (permits, complaints, etc.). Walt Daniels had concerns that systems built prior to 1987 (in the 60’s, 70’s, 80’s) would begin to fill and possibly leak. Susan Berger inquired as to whom complaints go to. They go to Larry Wiser. Susan Berger asked Larry Wiser to get all the information Larry Wiser has available on the current sewer systems. She also asked Mr. Wiser to provide the District the County’s guidelines for their Illicit Discharge Plan.
Ø Action Taken/Required: Patricia Rexford will e-mail the District’s Storm Water plan to Larry Wiser. Larry Wiser will provide the board with information he has on the home sewer systems that were discussed above.
Students form the Miami University Institute of Environmental Science had a presentation about the public service project they have been working on. The project objectives include visual presentations and criteria for future monitoring. The presentation provided data for comparison to future measurements.
The students chose watersheds based on importance or problem locations in Warren County and their accessibility. They chose 11 watersheds, of which four, Little Muddy Creek, Muddy Creek, Simpson Creek, and Union Run are located in Deerfield Township. The methods for the project are Rosgen’s Stream Classification, Level II, Cross Section, etc.
Each watershed was discussed and explained why they were chosen (stability, accessibility, and general problems with the watershed). Location, erosion, slopes, etc described each watershed.
The students reviewed results for QHEI and their classifications for each watershed. Walt Daniels asked about water quality, and he was informed that water quality is not reviewed at this time, but aquatic life is monitored and that is a water quality indicator. Based on the results provided, the streams are average or normal. Stream classifications were then explained to the board. The District was informed that the only streams with the very best classifications are in mountainous locations. The results are a good start to begin monitoring and maintaining the watersheds.
The project will include final presentations, data analysis, and recommendation to the County for improvements.
Ø Action Taken/Required: The board members wanted a copy of the PowerPoint presentation, and Patricia Rexford will get it from Marsha Rolph.
Deerfield Township resident, Diana Halligan wanted to know if there was any interest in having the mathematical formula used to help prevent the type of flooding damage that occurred in 2000. Walt Daniels informed her that it is not public owned – not even by the District and it probably would not be. She is concerned about flooding at her residence and wanted to know why developments aren’t built to contain 100-year storms. Susan Berger explained to her that it is too cost prohibitive to do this, residents simply would not pay to have it done. Susan also stated there is a need to work with other jurisdictions to resolve issues with Polk Run and future developments.
Ø Action Taken/Required: Diana Halligan requested that the meeting agendas be e-mailed to her. Patricia Rexford received her e-mail address and will send them to her.
Comments from Board Members:
Jamie Coleman with CDM wanted to discuss plans for the District’s needs and asked for copies of the District’s Storm Water Plan. There was conversation regarding the Implementation and Scope Plan (fee structure, etc.), in addition to Task Order 1 versus Task Order 2. Jamie explained the difference of each Task Order. He then suggested that the Board Members review the scope that CDM provided for the City of Lebanon and based on that scope, see what the Board Members feel may or may not be needed for the District right now. This would help Jamie put together a scope for the District. Walt Daniels suggested Jamie review the Annual Report and Storm Water Plan and draft a revised scope based on those reports, to be reviewed at the next meeting. The Board Members will work with Jamie to get the scope together.
Ø Action Taken/Required: Patricia Rexford will e-mail the corrected Storm Water Plan and the Annual Report to Jamie Coleman.
Walt Daniels stated he would like to begin collecting fees from the residents as soon as possible and he would also like to find a new location to hold their meeting.
There was discussion regarding the District’s legal position – if the District can expand regionally or not. Eric Luckage explained that expansion within Deerfield Township could be accomplished with a Township resolution asking for such expansion and a District resolution accepting the request. If there were a request to expand the District beyond Deerfield Township, the District would need a resolution requesting such from either the new Township or the County and then the District would need to petition the Court to approve the expansion. Typically, both of these procedures are easily accomplished unless there is some political opposition to the expansion.
Adjournment:
With no further business, Walt Daniels made the motion to adjourn the meeting at
10:02 P.M. Seconded by Jeff Thomas. Vote: All yes.
Next Regular Meeting: May 10th, 2005.
The second Tuesday of every month, at 6:30 P.M., unless otherwise notified.
Attest:
_________________________________
Jeff Thomas, Secretary/Treasurer