DEERFIELD REGIONAL STORM WATER DISTRICT
REGULAR DISTRICT BOARD MEETING
Landen Station, 3292 Montgomery Road
Loveland, OH 45140
August 9, 2005
President Susan Berger called the meeting to order at 6:35 P.M.
ATTENDANCE:
Those present at the meeting were:
Board Members: Susan Berger and Jeff Thomas
Attorney: Eric Luckage, Esq., Albers & Albers
SWD Administrative Asst.: Cathy Herrick
Engineering: Jamie Coleman – CDM Engineering
Public: Stuart Smetts
Walt Daniels, DRSWD Board member was absent with prior notice given.
APPROVAL OF MINUTES
The meeting minutes dated July 8th, July 12th, and July 19th, 2005 were reviewed.
Ø Action Taken/Required: Susan Berger made a motion, seconded by Jeff Thomas to accept each of the meeting minutes. Vote: All Yes
PAYMENT OF THE BILLS: Cathy Herrick, SWD Administrative Assistant, presented her time and expenses for the month of July, in the amount of $10.06 and her wages in the amount of $345.00. Eric Luckage, Esq., Albers and Albers, Attorneys at Law, presented their invoice number 11659 in the amount of $3,823.95 for legal services rendered. Also, Mariemont Insurance submitted their invoice in the sum of $20.00, a transfer fee for the surety bond from Patricia Rexford to Cathy Herrick.
Ø Action Taken/Required: Motion by Jeff Thomas and seconded by Susan Berger to accept and pay for the invoices listed above. Vote: All Yes
SPECIAL ORDERS:
None.
UNFINISHED BUSINESS AND GENERAL ORDERS
Watershed Signage Update: Jamie Coleman reported that he had no new information at this time. Susan Berger asked if Jamie had received any further information on a time line from Marsha Rolph. Mr. Coleman said that he would check further with Ms. Rolph and would report his findings at the next regular meeting of the Board.
Susan Berger announced that she, Jeff Thomas, and Walt Daniels met with Dan Evers, Deerfield Township Administrator and Lois McKnight, Community Development Director to discuss the involvement of the Township with the installation of the signage placement for the watershed markings. They further discussed an intergovernmental contract between the two entities sharing the responsibility.
Ø Action Taken/Required: Jamie Coleman stated that he would contact Marsha Rolph to inquire as to the time line of the expected delivery date of the materials needed to place the signage.
Ø Action Taken/Required: Deerfield Township Attorney, Andrew Gleason, will be contacting DRSWD Attorney, Eric Luckage, via email, to discuss developing an intergovernmental contract.
Accountant:
Jeff Thomas reported that he had met with Paul Rennick of Balestra, Harr & Scherer, Consultants, LLC, Certified Public Accountants and presented a copy of an engagement letter to each attendee from said accountants which set out their professional services and costs associated with securing these services relating to the District’s accounting, budgetary, depository, auditing, reporting and other related areas of accounting which are required by the District to be in compliance per the Ohio Revised Code. Susan Berger said that she preferred that no decision on this matter be made at this time as Walt Daniels was not available for this meeting and the Board would further discuss this matter at the next regular Board meeting in September. Ms. Berger further added that she would like for Eric Luckage to have adequate time to review this proposal and submit his opinion as to securing these services for the District at a later time.
Ø Action Taken/Required: Eric Luckage will review the engagement letter of Balestra, Harr, & Scherer, Consultants, LLC as a potential candidate for the accounting needs of the District and report his opinion at the next regular meeting in September.
SWAC Update: Jamie Coleman presented the meeting minutes from the first meeting of the Storm Water Advisory Committee (SWAC) meeting of July 27, 2005. It was reported that the majority of the community members that were invited to serve as SWAC members were in attendance and shared lots of interaction, questions and that the group came in with a good understanding of the projects and goals of the DRSWD. Mr. Coleman added that CDM was very pleased with the attendance and outcome of the first SWAC meeting and he and his associates felt their presentation was received in a very positive and productive manner. Walt Daniels was also in attendance and stressed the value and importance to the SWAC members of their participation in the efforts of the DRSWD.
Jamie Coleman continued with a brief summary of the events of the meeting stating at the conclusion of the SWAC meeting there was a discussion of the dates for the upcoming meetings with Wednesday, August 31, 2005 being selected for the second meeting to discuss Storm Water Level of Service and Program Cost and Thursday, September 22, 2005, scheduled for the third meeting with the agenda being Storm Water Financing & Funding Alternatives/Selection of Level of Service. Mr. Coleman further reported that the SWAC members were going to coordinate their calendars and report back to CDM as to their availability to set up a field trip to physically go out and observe the storm water problem areas in the Township.
Susan Berger then inquired as to preparation for the next SWAC meeting. Jamie Coleman said there was lots of work to be done and that the assistance of the Board would be necessary. Ms. Berger stated that the Board would schedule some time to discuss the issues when Walt Daniels returns after the 16th of August but prior to the September SWAC meeting. Mr. Coleman agreed, saying that the input of all the Board members was important in this continuing venture.
Susan Berger asked Jamie Coleman if there were any other issues of concern from CDM. Jamie Coleman stated that residential samples of impervious areas were being processed at this time.
Ø Action Taken/Required: Susan Berger asked that a CDM update be added the Board meeting agenda each month to keep everyone aware of the activities and progress/status of SWMP activities.
Deerfield Day Update: Susan Berger stated that she had spoken to Marsha Rolph of Warren County and that Ms. Rolph was interested in sharing a booth at the Deerfield Day festival on September 17, 2005. Ms. Berger then read the rules pertaining to the booth and setup, etc. A brief discussion followed regarding materials and displays to be utilized in the booth and ideas for community awareness. Eric Luckage suggested that either an actual watershed sign be displayed or a replica in the form of a large poster or banner type sign be placed on the booth. Susan Berger said that she would investigate the costs of securing this type of display for the festival and the Board will finalize the decision at the next regular meeting in September.
Ø Action Taken/Required: Susan Berger will investigate the costs associated with constructing a sign or banner for the booth at the Deerfield Day festival and report same at the next regular Board meeting.
Ø Action Taken/Required: Susan Berger made a Motion that $50.00 be sent to Deerfield Township to secure a booth for Deerfield Day. Jeff Thomas seconded the motion. Vote: All Yes.
New Email Address for DRSWD: There was a brief discussion regarding the proper use of the new email address setup for the DRSWD. Jeff Thomas said that all correspondence should be directed through this new address, as well as, finalized meeting notes and agendas, so that we can keep one central location for information to be stored.
Ø Action Taken/Required: Cathy Herrick contacted Fran Klatte who has now placed the new email address for the DRSWD on the Deerfield Township directory.
Important Documents and File Storage: Cathy Herrick was asked to investigate the costs associated with a fire proof storage area for contracts, bonds, resolutions and other original important documents of the Board to be stored. Cathy reported the costs quoted by the Fifth Third Bank for a lock box. After a brief discussion, The Board agreed that it was acceptable to them that the original documents would be stored at the offices of Albers and Albers in a fireproof file cabinet.
Ø Action Taken/Required: Susan Berger made a motion to have Eric Luckage, Esq. take possession and keep in storage at the offices of Albers and Albers, all original contracts, bonds, resolutions or other important original documents of the Board, until further notice of Board. Motion was seconded by Jeff Thomas. Vote: All Yes.
Susan Berger asked if there was any other unfinished business to be reported.
Ø Action Taken/Required: Jeff Thomas stated that he had acted upon the comments submitted by a public community member, Mr. Gerald Yankoff, at the July 12th, 2005 Regular Board Meeting. Mr. Thomas corresponded with Mr. Yankoff expressing his concern regarding the issues Mr. Yankoff had presented and advised him that he was forwarding his questions to the Deerfield Township Administrator and the Public Works Director so that these issues may be addressed by the proper department or departments as they were developmental and roadway issues and not those that could be addressed by the DRSWD.
NEW BUSINESS
Meeting with Deerfield Township on Simpson’s Creek: Susan Berger spoke of an email she had received from Larry Weis from Deerfield Township indicating that there would be a meeting regarding the Simpson’s Creek project held on Thursday, August 11, 2005, at 1:30 p.m. Jamie Coleman of CDM noted that he would be in attendance at this meeting, as well as, Susan Berger. There was a discussion as to whether Eric Luckage should attend this meeting and it was agreed that his attendance was not necessary but Mr. Luckage stated that if the Board felt he was needed or had questions during the meeting, they should contact him and he would be available at that time.
Eric Luckage then presented a letter that he had prepared regarding the explanation of “eminent domain” and the process associated with exercising this action, saying that by preparing this letter, he does not want anyone to think that this is a foregone conclusion but, that this method would be the last option utilized and would only be used if all other efforts fail. Mr. Luckage continued with a discussion of the types and steps to be taken in exercising the eminent domain process. Mr. Luckage added that if the situation comes down to sending a letter to the residents, he should carefully review its contents prior to its release.
COMMENTS FROM BOARD MEMBERS
None.
Comments from General Public: Mr. Stuart Smetts of 3287 Cutter Lane, Landen, Ohio took the podium and ask the Board if anyone had seen Landen Lakes and its present condition. Mr. Smetts expressed his extreme concern of how the lake is being silted at a dramatic rate. Mr. Smetts stated that he attended a recent Landen CSA meeting but has not seen any action being taken. Mr. Smetts also asked about the progress of the Township project to install two detention ponds on Simpson Creek. Susan Berger said that one of the hold-ups was the fact that where Simpson’s Creek enters the Little Miami River has been determined to be a warm water habitat. Jeff Thomas agreed that this fact had been established. Ms. Berger added that the EPA was holding things up due to a study they were conducting but that the study had been completed and the approval process was now done and things should move forward in the near future. Ms. Berger went on to say that until recently, it was assumed that Deerfield Township was responsible for this area but DRSWD has now been asked to be involved.
Susan Berger advised Mr. Smetts that DRSWD would be meeting with Deerfield Township on Thursday, August 11, 2005. She also advised Mr. Smetts that the Board had recently established a Storm Water Advisory Committee (SWAC) which consists of various community members who will be voicing concerns and issues of community members directly to the DRSWD Board. Ms. Berger told Mr. Smetts that she would take his concerns to the meeting with Deerfield Township and would follow up with him after that meeting.
Eric Luckage presented the following previously adopted resolution for signature of the Board: Resolution 2005-26, pertaining to payment of bills as presented and Resolution No. 2005-27, approving the Contract for Bookkeeping and Clerical Services between the District and Cathy Herrick.
MOTION FOR ADJOURNMENT
Susan Berger made a motion, seconded by Jeff Thomas, to adjourn at 7:50 P.M. Vote: All yes.
Next Regular Meeting: September 13th, 2005.
The Deerfield Regional Storm Water District Board meets the second Tuesday of every month at 6:30 p.m., unless otherwise notified.
Attest:
________________________________
Jeff Thomas, Secretary/Treasurer