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Home > Blogs > West Chester News and Issues > Archives > 2009 > November
November 2009
West Chester accused of gender discrimination
Note: I’ll post the lawsuit and the township’s answer below.
Excerpt
The civil rights lawsuit, filed Aug. 31 in U.S. District Court in Cincinnati, claims Communications and Information Technology Director Denise Bruce, an employee since 1976, was denied an opportunity that has been traditionally given to men with similar work histories, including her husband, former Police Chief John Bruce.
Bruce, 54, who was promoted to her current position in 1998, became eligible to receive full benefits through the Ohio Public Employee Retirement System in 2007. In September of that year, the lawsuit says Bruce approached the township with a request to participate in its retire/rehire option.
The option — used by townships, municipalities and school districts — allows an employee to retire then be rehired often at a lower salary, while collecting OPERS benefits. Although dubbed “double dipping” by some, employers say such programs allow them to maintain a level of experience at a lower cost.
Township Administrator Judi Boyko confirmed Tuesday, Nov. 17, her office had received the lawsuit and that it would respond as it does to all litigation. She declined to comment further.
Bruce also declined to comment.
The township’s answer, filed Oct. 29 in federal court, denies the discrimination claims.
A public records request showed the same year Bruce was denied participation to retire/rehire, the township approved similar requests for two male police lieutenants. In the two years leading up to Bruce’s request, the township approved three requests for male employees — each a member of the police department — including her husband, who was afforded the opportunity on Dec. 31, 2005, according to records.
Bruce also says she was denied her request out of retaliation after claiming the township’s actions for its male employees were discriminatory during a meeting with Boyko in October 2007.
Bruce filed a charge of discrimination with the Equal Employment Opportunity Commission on Aug. 26, 2008.
Bruce never faced disciplinary action from the township, however his contract was not renewed when it expired Dec. 31, 2008. His nephew was asked to resign before ever donning a local badge.
The lawsuit seeks unspecified damages.
The lawsuit says Bruce received a “right to sue” from the EEOC on June 2, which led to the filing in U.S. District Court nearly three months later.
Here’s the lawsuit
Here’s the township’s answer
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Cox Road to be extended… But where, when?
Liberty Twp. has big plans to extend Cox Road north to Ohio 63, but there may be some major roadblocks in the way.
First, (and I can say it until I’m blue in the face), the plans that I’m talking about are preliminary, conceptual at this point and development-driven.
So why write the story?
I’ve received a lot of questions regarding the fate of the 3,000-foot extension of Cox Road now that the Liberty Way Interchange is finished. Quite frankly (even though it’s pretty far off), developing the land around the interchange is also the township’s next priority. Plus, some of the landowners are partnering with the township to market their properties in advance of anticipated development.
The operative word there is “some,” as the owners of Green Crest Golf Course are emphatic about maintaining the business that’s been there since the 1970s.
Excerpt
Jason Harter and his family, who have operated the Green Crest Golf Course off Bethany Road since 1975, say their land isn’t for sale.
In addition to the 110 acres that make up Green Crest, Harter said his family owns nearly 100 more acres north of Bethany and “not one acre is for sale.”
“We fully intend to be here,” Harter said about the future of the course.
Permalink | Comments (0) | Post your comment | Categories: Liberty Twp. Government
Bank, office park to be built at busy intersection
Despite concerns from residents and a negative recommendation from the township’s zoning board (on various aspects of the project), West Chester trustees Tuesday, Nov. 17, approved a zone change to make way for a mixed-use office park at a busy intersection.
Note: I’ll post some of those concerns below.
Robert Lucke Interests, a subsidiary of the Cincinnati-based Robert Lucke Group, presented plans last month on a requested zone change on four properties at the corner of U.S. 42 and Fields Ertel Road to build two offices, a daycare center and a bank with a drive-through.
Based on preliminary drawings and similar developments in the Robert Lucke portfolio, the project’s cost is estimated to be between $2.8 million and $3 million, company vice president Scott Lucke said earlier this month.
Residents living adjacent to the property and some in the nearby Rolling Knolls subdivision have expressed concerns over adding more traffic to an already congested area. They were upset after trustees approved the zone change 2-0 Tuesday with Trustee Catherine Stoker abstaining citing a possible conflict of interest.
“Why would you consider changing the zoning for an area that is already over burdened with traffic, from what is called for in the comprehensive land use plan of a low intensity office to a higher density?” asked local resident Randy Stanifer. “That absolutely makes no common sense.”
The company requested the township amend its current zoning on the property to allow for office and bank use, including the construction of a drive through, even though their own study predicted a drive-through would create more traffic.
Among the other amendments adopted Tuesday were regarding screening — including a fence and landscaping — and an enclosure for the office park’s Dumpster.
“I think this will be a nice entrance to West Chester,” Trustee George Lang said. “We’re going to have to look hard at what we have to do to ease the traffic in that area.
It’s there today,” he added. “And it’s only going to get worse because of this.”
Plans were recommended for approval from the Butler County Planning Commission and the West Chester Zoning Commission, but the latter recommended Sept. 21 against the addition of a bank drive-through.
Lang disagreed. “To restrict them of not having a drive through, we would be putting them at a disadvantage.”
Company officials said they have heard from a few businesses interested in the bank and the daycare, and inking a deal with them could push up a construction date.
Otherwise, construction would not likely start until the spring of 2010.
Here’s the comments of local resident Randy Stanifer, who lost a recent bid for West Chester trustee:
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New library opens
On Sunday, Nov. 15, the township, officials from the Middletown Public Library and local residents celebrated the opening of the new West Chester library branch.
It’s thought to be a nearly $12.3 million building, although early predictions were that the total cost would be somewhere near $13.3 million. Some have commented the actual cost to be closer to $15 million, but that’s not the case according to Township Administrator Judi Boyko.
Here’s the breakdown:
Building: $8.14 million
Bridge: $380,000
Access road: $250,000
Site construction: $1.21 million
Total building cost is $9.98 million.
This doesn’t include “soft costs,” according to Boyko, (things like construction management fees, architectural fees, permits, engineering fees and general conditions, such as construction trailer rental, utilities during construction and other unexpected costs of site construction), which is about $2.3 million.
The number also doesn’t include the cost of the land, which came in at $2.14 million.
So, total project cost (including everything) is: $14.4 million.
In addition, the township is expected to hear from Partners in Prime Tuesday evening, Nov. 17, about their plans for the old library off Cox Road. The work session begins at 5 p.m. at the township administration building, at the corner of Cincinnati-Dayton and West Chester roads.
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West Chester, Liberty voters like state issues
Now that the dust has settled from last week’s election, I took some time to evaluate how local folks voted regarding state issues and the crowded West Chester trustee race.
Excerpt
State issues passed overwhelmingly in West Chester and Liberty townships last week, according to an analysis of final but unofficial results from the Butler County Board of Elections.
Issue 1 — which increases benefits for veterans of wars in the Persian Gulf, Afghanistan and Iraq — was approved similarly in both areas, with 70 percent of voters in West Chester and just more than 68 percent of voters in Liberty approving the measure on Tuesday, Nov. 3.
More than 69 percent of voters in Liberty and nearly 64 percent of voters in West Chester gave the nod on Tuesday to Issue 2 — which created a statewide livestock care standard board to preempt an anticipated attempt next year by federal organizations to implement the same.
Issue 3, which approved casinos be built in Cincinnati, Columbus, Cleveland and Toledo, was passed by a smaller margin in Liberty — less than 20 percent, or 59.5 to 40.5 — while nearly 61 percent of West Chester voters supported the measure.
The analysis also shows a majority of voters in all but one Liberty Twp. precinct supported Issue 17, the 3-mill replacement levy that increased local taxes $57 per year per $200,000 in home value for law enforcement services provided by the Butler County Sheriff’s Office. Thoughts?
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Zerkle resigns from broadcasting museum board
West Chester resident Bill Zerkle has resigned as president of the Board of Directors of the National Voice of America Museum of Broadcasting.
During a meeting with the board last week, Zerkle said his efforts to spearhead a campaign to place the issue of incorporation on the May 2010 ballot could become a conflict of interest with his involvement with the museum.
Excerpt
Citing a possible conflict of interest, West Chester Twp. resident Bill Zerkle resigned last week as president of the Board of the National Voice of America Museum of Broadcasting.
His resignation, which is effective immediately, comes amid the Board’s multi-million dollar effort to rehabilitate the 1940s-era former Bethany Station off Tylersville in West Chester.
In his letter to the Museum Board dated Tuesday, Nov. 3, Zerkle said he has been behind the rehabilitation efforts for the past decade.
“However, I have become quite concerned that my strongly-held position regarding West Chester cityhood will prove detrimental to museum development,” Zerkle wrote to the board. “I therefore respectfully request that you accept my resignation as both president and member of the Voice of America Museum Broadcasting effective immediately.”
Zerkle said Monday, Nov. 9, that the incorporate effort is so divisive and so politicized that it could have a negative effect on fundraising for the museum’s capital project.
“I’m not willing to watch the VOA board suffer from my political involvement,” Zerkle said.
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Mansour not done, files federal lawsuit
A lengthy matter involving local resident Joseph Mansour and the West Chester Twp. Police Department isn’t over.
In fact, more court proceedings are pending, as Mansour has filed a lawsuit in U.S. District Court in Cincinnati.
Two weeks ago, we ran a story about the police department’s internal investigation into whether one of its officers acted correctly during a case involving Mansour.
Excerpt
The investigation was launched earlier this month after Mansour, was found not guilty in Butler County Area III Court in a case in which he represented himself.
At the heart of the issue is what police have called an ongoing dispute between Mansour and a neighbor, which came to a head in August 2007, when Mansour called police to his home in the 7800 block of Neida Drive.
Mansour has said that when officers responded to his home, they were rude and disrespectful to him and his son, and that a type-written statement he initialed and provided to officers was never supposed to have been filed.
The officer did file the report, and determined Mansour’s provided timeline to be false. That allegation led to the charges against him, according to a hefty court case file that Mansour has had sealed from the public after the not guilty verdict.
Following the verdict, West Chester Twp. Police Chief Erik Niehaus said an internal investigation into probable cause — more of a review rather than a written report — found no wrongdoing on behalf of his department. His comment appeared in The Pulse Journal in June.
Mansour, who recently lost a bid for one of two opens seats on the West Chester Twp. Board of Trustees, decried Niehaus’ comments last month, saying a public records request of that investigation turned up nil.
Federal case On Oct. 30, Mansour filed a civil rights lawsuit in U.S. District Court in Cincinnati naming the township, its police department, Chief Erik Niehaus, former Chief John Bruce, trustees, the clerk, Officer Smith and “police officers John Does I-X.”
Three days prior to filing the lawsuit, Mansour writes, he informed “the Trustees of a Police cover up as a result of Defendant Eric Niehaus false representations.”
He also requested trustees launch an investigation of their own, and hire his company to conduct said investigation.
Township Administrator Judi Boyko said Monday, Nov. 9, her office had received the lawsuit, and that it will “handle the complaint as they do all litigation.” She declined to comment further.
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Coyotes discussion to continue…
Last week, an information session hosted by West Chester and representatives from the Ohio Department of Natural Resources drew dozens of residents concerned about the local coyote population.
The session came after the first story we did about the Dorns, whose dog, Champ, is believed to have been mauled by a coyote.
According to those who attended the Nov. 4 info session (including residents and township officials), the mood was not too pleasant.
It’s no stretch, then, to say there will likely be plenty of folks showing up for the trustees’ next meeting Nov. 17.
Thoughts?
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Election 2009 coverage
A few items about today’s General Election.
First, I don’t care who you’re backing, what issues are most important or how busy you think you are, GET OUT AND VOTE. Polls are open today from 6:30 a.m. to 7:30 p.m. Turnout this November is expected to be light, unfortunately. So, no excuses.
It’s your right and privilege, and every vote counts… Just ask the folks in Fairfield where the last mayoral race was decided by five people who felt it was important enough to cast their ballot.
For information on your polling place, visit the Butler County Board of Elections.
Races of local note include Issue 17, a 3-mill replacement levy for police services in Liberty Twp.; a crowded race in West Chester, where nine locals are vying for two open seats on the Board of Trustees, including incumbents Catherine Stoker and Lee Wong; and, the Lakota Board of Education, where five locals are seeking three open seats, including incumbents Jamie Green and Joan Powell.
Also in Liberty Twp., trustees Patrick Hiltman and Christine Matacic are running unopposed.
We’ll be covering those closely throughout the day, and have up-to-the minute results this evening after the polls close.
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Discussion on coyotes coming Wednesday
The Dorns are certain a coyote snatched their dog Champ earlier this year. And they’re hoping other local residents take note to protect their pets from the same fate.
The West Chester residents are thankful, though, representatives of the Ohio Department of Natural Resources will be holding a forum about the local coyote population Wednesday, Nov. 4.
The story’s generated a number of comments on our Web site, although mostly in jest a la cartoon characters and Acme anvils.
Do you believe coyotes are a problem locally? Will you be attending the forum Wednesday?
Permalink | Comments (0) | Post your comment | Categories: Around West Chester
