January 23, 2022

Nature Nook to Close Store in Cleves

Cleves resident Jackie Duffy announced on the Nextdoor App that she would close her store in downtown Cleves. The store has served the Village and its residents well by providing the best delivery service and quality flowers for the area. It also was a favorite for gifts that included a wide variety of decorative items and an excellent assortment of wines. Unfortunately, the store is slated to close on January 31, 2023.

Hamilton County Health Departent Order Comes and Goes for 119 N. Miami - Nothing Has Changed

On December 20, 2022, the Hamilton County Health Department visited 119 N. Miami. As a result, specific areas were ordered to be changed by January 21, 2023. Since then, resident reports have come to the TRND alleging that several people are still spending their nights in the upstairs apartment, which has been declared uninhabitable by the Hamilton County Health Department. (TRND took the picture on the left at 5:12 a.m. on January 17, 2023.)


Saturday was the deadline for the residents to have corrected all issues cited. There is no evidence that the Health Department reinspected the property, and the structures that the Miami Township Fire Department has identified as a danger to their first responders are still in place.


On Saturday morning, the TRND took the following pictures for this article. The pictures show that the structures remain on the motel side of the home. Those structures pose a danger to first responders and violate the Village of Cleves zoning regulations. Unfortunately, the Village has taken no recent action to enforce that regulations.

Later on Saturday, the Miami Township Fire Department was called to 119 N. Miami because the residents were engaging in another violation of Village Ordinances and the Ohio Environmental Agency's ban on open burning. The residents had been warned previously not to do this by Miami Township Fire Chief Brien Lacey. (The story continues below the picture on the right.)

The question remains. When will the Village of Cleves begin to enforce its ordinances?




Duke Substation Will Hurt Property Owners on Mt. Nebo

Cleves, resident and former Zoning Officer for the Village, Ted Babel, addressed members of the Council last Wednesday about his concerns about the planned substation under construction on M t. Nebo Rd. Babel said, “I own the house at 116 Mt. Nebo, the white house next to Cleves Auto Body. The house sits about 15 feet off the Cleves right away, so when I walk out of my door, that is no further than where now you are sitting, Mr. Mayor.” 


Babel told the council that Duke Energy plans to place a ten-foot-high fence with barbed wire. Babel stated that he has sent emails to Duke and that they have told him they can do whatever they want on the property. Babel said, “I don’t think that is correct.  I believe that the Village has the right to protect my interest. I believe that we have an avenue where we can dictate somewhat can happen on that property in relation to blocking the view of that.”


Babel explained first his daughter’s medical condition and said, “So, this is going to aggravate her coming out of the house and seeing what is going to look like a correctional facility.” He continued, “My research has shown me that when electric lines are placed near your house, property values drop by 30%, and with substations like the one they are going to build, values drop by 50%. Other property owners on Mount Nebo will be affected too. I think Cleves has the right to stand up for the other property owners and me, and say wait a minute, let’s come up with a solution where that will be completely blocked from view.”

Mr. Babel then moved on to the zoning issues related to the Duke Substation to be built on Mt. Nebo.  According to Babel, the lots were zoned residential in 2017.  He also gave the council the history of the property transfers that took place in February 2020 and December 2020, when it was sold to Duke. Finally, he questioned whether or not there was a demolition permit for the house on the property to be destroyed and asked Mayor Myers when the last zoning committee was held. 


When Mayor Myers could not answer when the last zoning committee met, Mr. Rahall, Village Administrator, said, “About three years.” In response, Babel questioned, “In 2020?” Rahall said, “Yep.”  Babel followed, “That was before Duke bought it, so when did it change from residential to M2?



Village Solicitor Responds


While no answer was given at the meeting about when the property was changed to M2, in an interview yesterday with Ted Babel, the TRND learned that Village Solicitor Doug Nicholas sent by email an answer. Below is the text of Mr. Nicholas' answer:


"In 2007, Hartwick Luebkeman petitioned the village to rezone his properties from M-2 to B-2. The map that was attached to the ordinance previously sent to you outlined all of his properties, as well as the 2 properties you have asked about. I am not sure if that was an error, or if it was because the map they used was so small they couldn’t accurately draw the 2 small parcels in that area to show they weren’t being changed. Regardless, your question, if I understood it correctly, was how could those 2 parcels have been M-2 and not B-2? It appears that the properties were M-2 going back to prior to 2007 when Luebkeman petitioned for the zoning change, which would indicate why all of that land was outlined in the exhibit to the ordinance, because all of it, including the 2 parcels in question was M-2. So to answer your question, they have been M-2 for over 15 years, and probably much longer than that. All of that large tract was M-2, and the only reason a majority of it switched to B-2 was due to that 2007 change. Therefore, there would be no letters, etc. that you requested, in your statement that Cleves recently changed the zoning because the zoning never changed, it was always M-2, or at least for the time period you are asking about.


Regardless of whether it was M-2, B-2, R-1, etc., as previously indicated essential services are permitted uses in all of the Cleves zoning districts and as such, the zoning status of a tract is irrelevant as to whether a substation could be built.


With respect to the single family home being in an area zoned M-2, the records, if there were any, concerning if a variance was granted or if that property was grandfathered in prior to the tract being zoned M-2, are well past any retention period for public records, and as a result I do not have that information. I saw an image on the Auditor’s site showing that house was there in 1993, and likely long before that, so I can not say what, if anything, was done to allow a home to be built there or if the zoning was changed later and the home was grandfathered in. But the home was in M-2 since at least 2007 when Lubkeaman requested the zoning change on his neighboring properties"

A Three Rivers News Dispatch Editorial Opinion

"In My View" is an editorial I hope every subscriber takes the time to read, understand, and do more research. The future location of the Miami Township Library Branch is essential to all of Miami Township and the surrounding areas. I have watched every presentation Paula Brehm-Heeger, Director of the Public Library of Cincinnati and Hamilton County, has presented in Miami Township.


At the North Bend meeting, Ms. Heeger spoke about a "Library Desert" from Sayler Park to the Indiana Stateline. The library is to serve all Hamilton County residents, including those who live in Whitewater Township too. The future location of the Miami Township Branch must be built on reasonably priced land and accessible to everyone in the western corridor along US 50. It must have ample parking and a large enough structure to be "A Next Generation" Library. Please read the editorial below.

Paula Brehm Heeger Began With the End in Mind

Now It is Our Turn To Help


Stephen Covey’s book, The 7 Habits of Highly Effective People, is an excellent resource for anyone, regardless of age or occupation. It is a short read, less than 400 pages, and is one of the most impactful books ever written. The concepts are simple to understand but require review and practice to master.  (The late Stephen Covey is pictured on the left.)


While no single habit alone should be ignored, the 2nd Habit, “Begin With the End In Mind,” is a good one to practice if one wants to be a better student, parent, spouse, or leader. This habit requires an individual to visualize the project first. Then work backward to ensure every step taken during the process to be sure it blossoms.

Benjamin Franklin’s timeless adage applies: “Those who fail to plan, plan to fail.”! Unfortunately, too often, leaders are in a hurry to accomplish their goals and, by doing so, are unsuccessful. They take shortcuts by not involving the stakeholders, or they do things that unintentionally offend others. This is why carpenters measure twice before they cut a piece of wood. They precisely follow the blueprints to make exact cuts.


No one will ever accuse Paula Brehm Heeger of taking any shortcuts to accomplish her goal of designing and building the “Next Generation Library System” for the residents of Hamilton County. To develop the plan, Ms. Heeger oversaw a process that involved over 90 meetings that included community focus groups, listening sessions, staff workshops, and listening groups, four Community Advisory group meetings, 7 Board of Trustees meetings, ten leadership Team meetings, and 2 Strategic Planning workshops. As a result, every avenue was exhausted to build a comprehensive plan for library services and to design buildings to meet the diverse needs of the residents of Hamilton County.


Subscribers can read the summary of the plan by clicking on this link: 


https://chpl.org/wp-content/uploads/sites/84/2021/08/FMPSectionIExecutiveSummary.pdf

The strategic planning sessions led to a unified mission to connect the citizens of Hamilton County with the world of ideas and information. A vision statement that focused on everyone providing excellent customer service and, by doing so, created an atmosphere where citizens elected the library as its first choice for information. It also made it a requirement to anticipate and meet the changing needs of a dynamic society by assuring equitable access to library services and resources throughout the county.


The task of re-creating a complete library system that will serve the citizens well into the 22nd century requires the involvement of all stakeholders. Those stakeholders had their views on what should be done and how it should be done. Take, for instance, the Miami Township Branch in Cleves, Ohio. Our branch is about 40 years old and has less than 2600 square feet. It is slated to be relocated and enlarged, but the question remains where it will be relocated.


Ms. Brehm-Heeger has done everything that can be done to prepare the citizens of North Bend, Cleves, Addyston, and Miami Township for this eventual change. Before the 2020 pandemic, there were conversations with the Miami Township Trustees and the Three Rivers Local School about locating the library as part of a complex that would have included a YMCA.  That plan fell through. 


In the past three months, Ms. Heeger has spoken to the village councils of North Bend, Addyston, Cleves, and most recently at this week’s Miami Township Trustees meeting. The big issue is going to be the acquisition of land. She explained at each meeting how land developers tend to jack up the cost of the land when the building of a new “Public Library” facility is discussed.  Ms. Brehm-Heeger is pictured on the right.



The plan to upgrade all branches in the west zone is shown below:

Like a family budget, the Public Library of Cincinnati and Hamilton County have a budget too.  Their funds come from Columbus and levies passed by the citizens of Hamilton County. Our branch is just one of nine branches in the west region. So, they and the other 31 branches will compete for those dollars.  While voters passed a library levy in 2018 to help pay for renovations and relocations, those dollars will not go as far as they would have due to our current inflation rate. 


Yes! Just like your budget doesn’t go as far as it once did, our library dollars will not buy as much as last year. See the budgets below for the "West Zone." The budget for relocating the Miami Township Branch with New, Expansion is between $2,400,000 and $2,700,000.

We are all citizens of Miami Township, regardless of whether we live in the unincorporated areas or the Villages of North Bend, Cleves, and Addyston. We all benefit from our branch. Ms. Brehm has done her job; now it falls on the political leaders and citizens of every political subdivision to figure out how we can support her efforts to build a “New Generational Library” at a location that is easily accessible to all citizens in Miami Township. 


I highly encourage all Miami Township residents, including those who live in Cleves, North Bend, and Addyston, to contact your trustees to support her efforts. Additionally, those Miami Township residents who live within the three villages to contact their council members too to ensure that they do what is necessary to jointly acquire land at a reasonable price and keep our library located locally.


Additional information is provided below:

Subscribers can watch Ms. Paula Brehm-Heeger's presentation at the Miami Township Trustees Meeting by clicking on the arrow below:

Nicholas Reincarnates the Ghost of 2020 Lawsuit Loss for Village

WHEN DOES OLD NEWS BECOME NEW AGAIN?

When does old News become New again? The answer is when a public records request is made to the Village Council, and the Village Solicitor misinterprets it as a potential lawsuit. That request was sent by email to every member of the council, the mayor, the Village Administrator, and Village Solicitor Doug Nicholas. A copy was also sent to Matthew Miller-Novak, the attorney who successfully negotiated a settlement for his client, village resident Charles Birkholtz.


The lawsuit was filed in October 2020 after the council voted to disband the Cleves Police Department. In settlement of that suit, the Village admitted that they violated the Ohio Open Meetings Act on March 11, 2020, when they entered into an executive session for the purpose of discussing “Personnel and Contract matters in the Police Department” rather than citing the specific issue. The settlement also shows that the Village admitted that they violated the Ohio Open Meetings Act a second time on July 8, 2020.


To avoid a public hearing in Judge Ruehlman’s courtroom, attorneys representing the Village and Mr. Birkholtz agreed to three provisions that the Village Council would make a reasonable faith effort to allot time for the public to speak at the start of the meeting, create and post an agenda of its regular meetings on its website no less than 48 hours before the start of the meeting, and would also make a good faith to make available to the public the text of proposed ordinances and/or resolutions at the beginning of its regular meetings. The Village could also make ordinances and resolutions available electronically on its website and/or post a hard copy at the Village of Cleves Administration Building.


The settlement gave the council the right to amend these requirements because the Open Meetings Act does not require them.

During his report to the Cleves Council, Mr. Nicholas said, “On December 20, 2022, you guys received a public records request in reference to potential legal action made within the confines of enforcement of the settlement agreement under Common Pleas Court Case 82—03481- specifically paragraph 16 which states the items in that section are not a requirement under Ohio’s Opening Meeting Act but were a requirement under the settlement. They are requirements for Cleves unless Council wishes to revise that policy."


Mr. Nicholas suggested to the council members that the threat of liability could be removed by simply amending the settlement agreement. He added, " I am not suggesting that we not be transparent, but I would suggest you remove any potential threat of liability moving forward. The administration is still free to put everything on their website."

Birkholtz sent the public records request to Council after they voted 6-0 to give Village Administrator Mike Rahall and nine other Village employees a 10% without debate or discussion. They also did not discuss the $312,000 hole in their budget or how they would pay for the raises.


If you examine the text of the public records request, while the settlement details were mentioned, there is no stated threat about another lawsuit against the village. See the text of the public record's email immediately below:


Subscribers can listen to the Village Solicitor's unfounded allegation that there was a threat of a lawsuit in the public records request made by TRND.



The Full Text of the 2020 Settlement between the Village of Cleves and Charles Birkholtz

Village of Cleves Shorts

The Video below is Geri Meister's Finance Report to Council on January 11, 2023

Geri Meister's Finance Committee Report

The video below is Kevin Burns' Parks Committee Report on January 11, 2023

Kevin Burns Parks Committee Report 01.11.2023

The video below is Mike Rahall's report made to Council on January 11, 2023.

Village Administrator Mike Rahall's Report

Paula Brehm-Heeger's presentation on the Miami Township Branch to Cleves Council on January 11, 2023.

Cleves Mayor Stephen Myers assigns Village Committees for 2023

Mayor's Report 1. 11. 2023


Service Truck to be Purchased


In another action, the Village Council voted 6-0 to authorize the Village Administrator to

purchase a service truck. The truck to be purchased will include a new plow for snow removal. The truck to be replaced is 22 years old and no longer reliable. The purchase will be made through the Ohio Cooperative Bid Program. The price shall be, at most, $73,000.


Tax Levy Update

The Village Council did not vote to put a tax levy on the ballot for May 2, 2023, primary. The deadline to do so was January 16, 2023. Therefore no decision was made on when the Village will seek additional funds to close the budget hole created when a Renewal Levy failed in 2021.


No Late Fees for December Water Bills

Village resident Ryan McDonald expressed concerns about area residents being charged a late fee if they paid their December water bill after December 31, 2022, citing how late the bill came during the busy Christmas season. Eric Winhusen said that if residents paid their bills immediately after January 1, 2023, the late fees would appear as a credit on their following quarterly statement.


Mayor Myers Names Committee Assignments for 2023


Mayor Myers named Kevin Burns and Judith Boyce to continue as members of the Parks Committee. In addition, the Parks meeting was changed from the first Wednesday of the month to the first Tuesday. The meeting will be held at 7 p.m.


Mrs. Meister and Mr. Hume will serve on the Finance Committee. That meeting remains on the first Wednesday of the month at 7 p.m.


Mr. Williams and Mrs. Myers will serve on the Planning and Zoning Committee. Unfortunately, no date or time was given for them to meet.


As of this morning, January 23, 2023, the Village Calendar on the Cleves.org website still has the Parks Committee listed at 6 p.m. on the first Wednesday of the month. There are no meeting dates or times for the Planning and Zoning committee.


Public Meeting Notices


The Village of Cleves will post public notices of Council Meetings and Committee Meetings at he Waterworks Building, the lobby bulletin board at the Police Station/Council Chambers, the bulletin board at the Miami Township Branch Library, and the Cleves Post Office. Ordinances and resolutions will be posted on the bulletin board outside the Council Chambers at the police station and the Water Department building.


The official minutes of the Council meetings will continue to be posted on the Village website.


Nicholas' Comparison to Cleves-Miami Township Meetings

Is Comparing a Bean Burger to A Porterhouse Steak!

Usually, I do not write two editorials for an edition of the Three Rivers News Dispatch. Still, I am making an exception due to Mr. Nicholas’ ludicrous comparison of the Miami Township Trustees meetings and those held by the Village of Cleves. (Please see “Nicholas Reincarnates 2020 Lawsuit.)


Comparing how the Village of Cleves Council conducts its meetings is like choosing between a “Bean Burger” and a Porterhouse Steak for dinner. Don’t get me wrong, I like beanburgers and have a package in the freezer!  But if I have to choose, I am going with the porterhouse steak! Who wouldn’t?


Before the 2020 lawsuit against the Village of Cleves, no agendas existed! Residents could not view copies of ordinances or resolutions before the meeting. To avoid going to court, the Village had to admit that they had violated the Ohio Open Meetings Act when they discussed in executive session getting rid of the Cleves Police Department and replacing them with the Hamilton County Sheriff’s Department and had to agree to post agendas, ordinances, and resolutions before the start of the meeting. 


An agenda now exists in the Village of Cleves. Still, the information provided is no more than an outline except this statement: “All meetings of the Council and Council-appointed committees are open to the public. Each person shall give his/her name and address. All comments are to be addressed to the Mayor or Council. Each person will be allotted 3 minutes to state their comments. The public participation period may be extended by a vote of the majority of  Council, present, and voting.


In the public session, there is seldom any interaction between members of the council, the mayor, and the public. Questions are asked but rarely answered. As soon as the public stop speaking, the public’s participation is over. Residents generally are not allowed to ask questions about anything once the public session ends.


The members of the Cleves Village Council seldom ask questions; they will make motions and second them and sometimes will make comments. Those comments are usually inaudible to the public because there is no speaker or microphone system in council chambers. When they vote, they do so without disagreement or debate.  There is no time taken by council members to educate the public on their stances by clearly explaining why they voted the way they did. Additionally, unlike Addyston, North Bend, and the Miami Township Trustees, our council does not videotape its meetings.


Now let's compare the Miami Township Trustee meetings. Mr. Nicholas was correct at the time to state that Miami Township Trustees have yet to have a public agenda available at the start of its meeting. However, it did have an agenda at its January 18, 2023, meeting. I hope that continues.


Mr. Nicholas also stated that the Miami Township Trustees' website did not have copies of its resolutions on its website before its meeting. This is an accurate statement. However, unlike the Village of Cleves Council, the resolutions are fully read and explained in their public sessions. The resolutions are fully discussed and debated in front of the public. Often, they disagree publicly. It is easy for a citizen to understand the pros and cons of a resolution and know what each trustee feels about the issue. When there is a disagreement or a township trustee wants more information, it is common for them to table the motion or resolution until the next meeting. The classic difference in how Miami Township Trustees run their meetings compared to Cleves is that they regularly ask if their citizens have questions or want to make comments before they vote. That never happens in Cleves!


The simple fact that the Township Trustees ask what the public thinks or if they have questions sends an important message to their voters. They want them to understand the issues and support their decisions! But unfortunately, the Village of Cleves Council does not!


Would having a detailed agenda available, with copies of the resolutions and reports that will be discussed, make Miami Township's meetings better? The answer is an unequivocal yes!


Based on over two years of observing both meetings, I think it is safe to say that Miami Township meetings are like having a "porterhouse steak" for supper! But, conversely, Cleves' meetings is like having a "bean burger" without the condiments or bun!

DUKE ENERGY CUSTOMERS -ARE YOU CONCERNED ABOUT YOUR BUDGET? - Check out the rates below:


Making your utility dollars go farther is essential these days. Area Villages and Miami Township have recently negotiated Aggregation deals for their residents. Whether you opt into or out of those deals, stay with Duke, or go elsewhere is an individual decision. The "TRND" did some research yesterday and found the best deals on the Apples to Apples for residential natural gas prices and electric rates on their site.


Duke's variable electric rate through January 31, 2023, is $0.0659/kWh. Variable rates can go up or down. Their natural gas rate is Duke's GCR rate is $0.9766 per ccf - Effective January 3, 2023, through January 31, 2023


The following link will take you to the Apples to Apples site: https://www.energychoice.ohio.gov/Default.aspx

The Deadline for Oser Roth Nominations is January 31, 2023

Please watch the video below. It will explain what Oser Roth & Friends is all about.

In a nutshell, it is about a community that comes together to nominate and support children who face significant life challenges. It is about the families who raise their children and often face those challenges alone. Finally, it is about extraordinary communities because they support their "Special Angels."


Please watch the video. It is only 4 minutes!


Please use the following link to make your nomination!

https://docs.google.com/forms/d/e/1FAIpQLSdNxmtTUXvpYgQoB2iBJtUEqo3ywyg19EWkUMPRvi_yFmbBZw/viewform

The Three Rivers Kiwanis Annual Fund Raiser

This is your opportunity to help the young people who live in the area. The Three Rivers Kiwanis Club raises money each year to support students locally. They fund many local programs and scholarships. Please support their fundraiser by purchasing tickets from any local member. Jerry Schwartz, owner of LogoArt in downtown Cleves is generally at his store Monday through Friday after 1 p.m. The Cleves Kiwanis also hold their weekly luncheon at the Miami Township Hall at 12 p.m. on Wednesdays. You can also email Kiwanis President Steve Ober at stephenober71@gmail.com

This Week at The Miami Township Branch of the Public Library of Cincinnati and Hamilton County

Subscribers can register for the library events by clicking on the permalink or register buttons below. They are live links.

Miami Township Senior Center News

Miami Township Fire Department To Hold First Aid Certification Course

Village of Cleves Business District- Please Shop Locally