Preview
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Wednesday, March 8, 2023 2:23:06 PI
CASE NUMBER: 2021 CV 04232 Docket ID: 227147186
Mike Fol
CLERK OF COURTS MONTGOMERY COUNTY OHIO
INTHE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
KURT AND CHARMAINE GOEBEL,
CASE NO. 2021 CV 04232
Plaintiffs,
JUDGE SUSAN D. SOLLE
vs.
COLONIAL LANE IMPROVEMENT
ASSOCIATION,
Defendant.
MOTION FOR EXTENSION OF TIME
Now come the Plaintiffs, Kurt and Charmaine Goebel (“Plaintiffs” or “the Goebels”), by
and through counsel, and move this Court to extend the time for Plaintiffs to respond to
Defendant’s Motion for Summary Judgment. This motion is made in good faith and is fully
supported by the attached memorandum.
Respectfully submitted,
s/Richard L. Carr, Jr.
Richard L. Carr, Jr. (0003180)
AUMAN, MAHAN & FURRY
110 North Main Street, Suite 1000
Dayton, Ohio 45402-1738
(937) 223-6003 / ext. 3113
(937) 223-8550 (fax)
ric@ amfdayton.com
Attorney for Plaintiffs, Kurt and Charmaine Goebel
MEMORANDUM
On February 7, 2023, Defendant filed its Motion for Summary Judgment. Prior to that
time, the parties have been engaging in discovery depositions and had agreed to schedule some
necessary depositions past the discovery cut-off. Plaintiff is taking the deposition of Gary
Gottschlich on March 13, 2023. The parties have been working diligently to obtain the
participation of James Brinegar, a key witness, for a deposition, but Mr. Brinegar has retained
counsel and refuses to testify. Mr. Brinegar’s counsel has indicated Mr. Brinegar will move to
quash the subpoena about to be served upon Mr. Brinegar.
At about 10:20 am. today, Tom Whelley from Dinsmore contacted the Plaintiffs’ counsel
to indicate that James Brinegar will resist testifying on the basis that Brinegar was retained as an
expert. Plaintiffs’ counsel informed Whelley that Brinegar was told by the Association President,
Gary Gottschlich, that if Plaintiffs sued the Defendant, Gottschlich could not maintain
confidentiality. Asked for any other basis, Whelley stated he would respond once a subpoena was
served.
To be specific, Association President Gary Gottschlich emailed Brinegar, “I will do my
best to maintain your confidentiality, but it is doubtful that I can if they sue.” (DF’s production
page 1827.)
Page Below 1827
From: gary gottschlich Date: Fri, Oct 15, 2021 at 3:02 PM
Jim,
‘Sorry, I didn't intend to send i. | was looking up your contact to call, and must have Inadvartently dene so. ldo the best | can to maintain your confidentiality, but Is doubtful that | can if they sue.
(Once the report from the Trustees is sent to the membership, send you a copy if you'd like, Thanks again for your kindness and help.
Gottschlich also had previously stated that he was working as Lane President and not as
Lane’s attorney. In addition, Defendant disclosed what were purportedly opinions of Brinegar.
On October 13, 2021, the Trustees of Colonial Lane Improvement Association issued a letter and
voting packet to the owners of Colonial Lane. That letter directly relied upon the thoughts and
opinions of Brinegar, whereby the letter states:
The trustees also had the benefit of a pro bono site review by an engineer on September
3", He asked for confidentiality, so he is not identified. After approximately 90 minutes
on the ditch from Rahn to Far Hills with Gary Gottschlich he summarized his conclusions
as follows:
1. the flume on the road was clogged (since cleared in 1 minute, 37 seconds);
2. an engineering study was probably a waste of money;
3. the western wall of the canal placed by Goebels probably increased the water going
across the road and wasn’t an efficacious way to direct the water to the grate without
plantings to absorb and hold the dirt flowing from the West in their yard;
adome grate might be helpful in shortening the time it takes to clear the water through
the existing grate, and could possibly be helpful in concentrating the trash into a smaller
area since it tends to float and catch on the ground as the water recedes;
5. Montgomery County sanitary might check on the sewage issue, possibly emanating
from septic systems at the apartments; and
6 it’s the property owner’s problem.
See ExhibitA, pp. 2-3.
The Goebels are members of the Colonial Lane Improvement Association and were in
receipt of this letter and voting packet, which relied on the thoughts and impressions of Brinegar.
Although he is not identified in the letter or voting packet, Defendant’s later produced the notes
and communications between Gottschlich and Brinegar that corroborate Brinegar as the engineer
who is referenced in the letter.
Plaintiffs cannot properly respond to Defendant’s Motion for Summary Judgment without
the testimony of Gottschlich and Brinegar.
Plaintiffs move the Court for an extension to respond to Defendant’s Motion for Summary
Judgement motion until after the depositions of Gottschlich and Brinegar take place. The parties
have scheduled Brinegar’s deposition for March 17, 2023.
Plaintiffs will be issuing a subpoena for Brinegar today and it is expected that his attorney
will move to quash on the basis of some yet to be disclosed theory. If Brinegar’s attorney moves
to quash on the basis that Brinegar was an undisclosed expert, such a motion would be baseless.
Respectfully submitted,
s/Richard L. Carr, Jr.
Richard L. Carr, Jr. (0003180)
AUMAN, MAHAN & FURRY
110 North Main Street, Suite 1000
Dayton, Ohio 45402-1738
(937) 223-6003 / ext. 3113
(937) 223-8550 (fax)
ric@ amfdayton.com
Attorney for Plaintiffs, Kurt and Charmaine Goebel
CERTIFICATE OF SERVICE
I hereby certify that on March 8, 2023, I electronically filed the foregoing with the Clerk
of the Court by using the ECF system which will send a notice of electronic filing to the following:
Nicole A. Mitchell
Gregory S. Kessler
Freund, Freeze & Amold
8945 Brookside Drive, Suite 202
West Chester, OH 45069
nmitchell@ ffalaw.com
gkessler@ ffalaw.com
Attorneys for Defendant, Colonial Lane Improvement Association
Thomas P. Whelley, II
Dinsmore & Shohl
Fifth Third Center
15S. Main Street, Suite 1300
Dayton, OH, 45402
thomas.whelley@ dinsmore.com
Attorney for James Brinegar
s/Richard L. Carr
Richard L. Carr, Jr. (0003180)
October 13, 2021
Colonial Lane Improvement Association
Dear Colonial Lane Property owner:
We write to you with our report and the conclusions we’ve reached following the Special Meeting of the
Lane Association held August 23, 2021 at the Woodboume Library. We are attaching materials and
sources that we considered, including a link to view the video of the 8/23/21 meeting (page 14), and invite
you to review them, With appreciation, we also received written comments from several residents, all
concerning the issue of occasional flooding of Kurt and Charmaine Goebel’s property at 55 Colonial
Lane. We intended to complete and transmit this to you earlier but delays in scheduling site reviews by
consultants and travel of each of us Trustees, made it difficult for us as volunteers to coordinate. We hope
you understand.
Finally, page 5 consists of a ballot that we ask you to sign and transmit in your capacity as a member of
the Colonial Lane Improvement Association (the “Lane”) as to whether the Lane should assume
responsibility for the Goebel’s property. Submit your ballot on or before October20, 2021.
Our Report and Conclusions
On February 10, 2021 your volunteer Board of Trustees denied any legal responsibility of the Colonial
Lane Improvement Association (the “Lane”) to address Kurt and Charmaine Goebel’s claim that the
occasional flooding of their property was the Lane’s responsibility to eliminate. In the intervening seven
months, our decision has been proven to be correct as the remainder of this letter will demonstrate. We
decline to devote your resources to their complaints, but we will continue to maintain the road, culvert,
and concrete catch basins and provide for snow removal consistent with past performance by previous
Trustees (including at some periods Kurt and/or Charmaine).
Consistent with the legal authorities cited by the Goebels in their Special Meeting presentation, both
Washington Township and Montgomery County see standing water as the property owner’s problem to
manage, as demonstrated by the passage below (emphasis added):
The responsibility for the maintenance and improvement of drains, streams, ditches and watercourses, Whether
established County/Township ditches or not, rests entirely upon the land owners affected and benefited. It is not the
obligation of the County/Towaship to maintain or improve the storm drainage facilities across any individual's property for cither
agricultural purposes or development of suburban home sites. When an individual purchases property, the principal of “Caveat
Emptor” or “let the buyer beware.” is the purchaser's best guideline. Land ownership has many potential and real benefits, but
also comes with certain liabilities. Storm drainage facilities fall under the liability category of property ownership. These storm
drainage facilitics cannot be closed, obstructed or altered in any way which would reduce the capacity for conveying storm water
across private property. Any owner is liable for upstream property damage for failure to properly maintain storm drainage
facilities across his own property.” -- Passage from Montgomery County Engineer pamphlet, “Responsibility and Procedure for
Improvement and Maintenance of Drains. Ditches and Watercourses."'
The Goebels house at 55 Colonial Lane was built in the 1920's. Its elevation is higher than the road and
the water on their property flows east and southeast from the structures into the ditch and on and across
the road. The storm sewer was installed in 1952 as part of the Talawanda Plat, the road surface was paved
in 1957 by agreement of all the owners (1956 & 1957 records attached pp 7-10) and flows north to south.
*https://www,washingtontwp.org/povernment,
ney fags frequentiy asked questions (page 6)
1
EXHIBIT A (Page 1 of 14) COLONIAL LANE 000620
October 13, 2021
‘Water comes to the grate and to 60 Colonial Lane from surfaces not exclusively from
the storm sewer
pipe. See US Geological Survey attached (pp 11-13). The Goebles acknowledged that the water has
always flooded since they bought the property in 2000 (after acquiring and living in the immediately
adjacent property in 1996), and to paraphrase an anecdote of Rick Corson from the meeting, “the Remm
boys swam in the pond created by the heavy rains in the 1960's.”.
The Goebel’s goal of having the water discharge as quickly as possible is contrary to sound storm
water
management and has been since before the 1970's.
The “initial era of stormwater management that occurred | from the mid 1800s until the
1970s was
dominated by the common enemy approach to water management, IE, the practice of conveying
runoff from properties as fast as possible to nearby streams waterways and lakes. It was not until
the 1970s and 1980s that communities began to require stormwater ponds (basins) to capmure
and detain runoffto prevent downstream flooding caused by changes in the watershed."?
At the Special Meeting the Goebels acknowledged that the water always drains in less than 12
hours, clearly within the standards of sound stormwater control measures, which is anywhere from
12-24 hours. See Grizzard, T.J., Randall, C.W., Ellis, K., 1986. Effectiveness of Extended Detention
Ponds, Engineering oundation Conference on Urban Runoff Impact and Quality Management
Technology, Henniker, NH, pp. 323-337."3
The Ohio EPA standard established (see note 3 @p.10) is 72 hours. Accordingly, it appears to the
Trustees that the design of the Lane’s grates and detention basins installed in the 1950's were ahead of
their time. The design remains a good one by moder standards, if maintained properly. It also appears
that the nomenclature for the Goebel property is, in stormwater contro! parlance, “Dry Pond or Dry
Extended Detention Basin.™
Following the Aug. 23 meeting the Trustees acted on the comments received. We spoke with government
officials, took personal observations of the site, spoke with residents of the lower lane whose ditch
severely floods, and backs up on the 138 Colonial (Dunham) property before discharging into a 24” pipe
at Grantland. These residents, as have all others with direct stormwater flows, have maintained and
managed their properties without Lane assistance. The trustees also had the benefit of a pro bono site
review by an engineer on September 3“. He asked for confidentiality so he is not identified. After
approximately 90 minutes on the ditch from Rahn to Far Hills with Gary Gottschlich he summarized his
conclusions as follows:
1 the flume on the road was clogged (since cleared in | minute, 37 seconds);
Zi an engineering study was probably a waste of money;
3. the western wail of the canal placed by Goebels probably increased the water going across the
toad and wasn’t an efficacious way to direct the water to the grate without plantings to absorb and
hold the dirt flowing from the West in their yard;
? Maintaining Stormwater Control Measures Guidance for Private Owners & Operators
https://epa.ohio.gov/Portals/35/documents/SCM_OM Manual_Final_7-30-15.odf p 5.
3 https://www.openswmm.org/Topic/6550/drain-time-for-detention-retention-facilities
* Maintaining Stormwater Control Measures Guidance for Private Owners & Operators
https://epa ohio.gov/Portals/35/decuments/SCM_OM Manual Fine! _7-30-15.pd
at 9,10,33
f
2
EXHIBIT A (Page 2 of 14) COLONIAL LANE 000621
—
October 13, 2021
a dome grate might be helpful in shortening the time it takes to clear the water through the
existing grate, and could possibly be helpful in concentrating the trash into a smaller area since it
tends to float and catch on the ground as the water recedes;
Montgomery County sanitary might check on the sewage issue, possibly emanating from septic
systems at the apartments; and
6 it’s the property owner’s problem.
Following the engineer's review, the Trustees agreed to hire Grunder landscaping for a fee of $100 to
make a site survey. The firm was chosen because of its reputation and the depth of its professional staff.
They were booked until September 20 and Gottschlich and Hanning met with a landscape architect and
landscape designer to discuss preparation of a potential plan for the Goebel side of the road. The criteria
the trustees utilized in seeking recommendations from Experts were threefold:
1. Protect the integrity of the road from erosion etc;
2. Avoid increasing the velocity of the flow that would damage downstream properties; and
3. Be aesthetically pleasing to those entering the lane from Far Hills.
On Monday September 20, 2021 the Grunder team met with Gottschlich and Hanning at 10:30 at the
bridge and discussed the site and the water drainage system. At approximately 11:15 Charmaine Goebel
arrived and inquired. When it was suggested that they were thinking of modifying the existing dry pond,
she told them that it would not happen and that she was calling their attomey [Richard Carr]. At about
2pm Gary Gottschlich and Carr discussed the moming’s confrontation (simplified and truncated here) and
Gottschlich explained that the trustees were getting a proposal for a professional engineering site survey.
Carr agreed to hold back on filing a lawsuit until the Trustees received such a report, but at 11:50 am on
Wednesday the following email arrived:
On Wed, Sep 22. 2021 at 11:50 AM Jon Steinbrunner wrote:
Good moming Mr. Gottschlich,
Thank you for taking the time to meet with us on Monday to discuss the drainage issue in the neighborhood. I am
writing to inform you that the neighbor we met on Monday, Charmaine, called and stopped by our office this moming.
She was clearly upset that we had been out and that we were going to make a proposal for work on her property. So
much so, that there was even a mention of possible legal action,
Due to the situation and clearly, we are not welcomed to work on this project, we have to respectfully decline to
provide a proposal for the work we discussed. Additionally, after further discussion with Seth (our COO) and Mike the
project would be better suited for a civil firm that can also manage a civil excavation company to execute the final
project.
Thope you understand our position and we wish you the best of luck. Please let us know if there is anything else in the
fature we can help you with. Thank you
Jon Steinbrunner
Landscape Designer
Phone: 937.847.8000
Direct: 937.247.0125
grunderlandseay: som
Following receipt of this email the Trustees met and decided to refrain from further efforts.
We hope that the Goebels who are receiving this report will reconsider their intentions and consider the
benefits, both emotional and financial of managing the water and debris that are deposited on their
property as every other Lane property owner so afflicted does.
3
EXHIBIT A (Page 3 of 14) COLONIAL LANE 000622
October 13, 2021
We are attaching a ballot on pa ge 5 for each prope
rty owner to print, date, sign, with your address and
submit to the Secretary, Tracy Hanning by
4 pm on October 2021. You may do so by scanning and
emailing it to Tracy or by delivering it to him. There
is only 6ne ballot per address, Please follo
instructions on the ballot, The question to be voted w the
on is:
“Do you agree with the Board’s position that Kurt
and Charmaine Goebe l c the Goehels") ave
responsible for managing the water and debris on their ‘prop
erty an d that it is not the responsibility of the
Lane Association?
Yes, Lagree with the Board’s decision
No I disagree with the Board's decision.
THI RCICEES AARD RECARO IORI ISOIORE RE AIO I I HIG HGR Hoe ARCA AR HOGS etek ae RCO ek Hk a
Respectfully submitted by your Trustees of the Coloni
al Lane Improvement Association,
Gary Gottschlich, President Marty Jacobs, Vice President
by Wir tiver Masti, farolr— je~ Ne
Erich Eggers, Road Commissioner Tracy Hanning, Secretary Ron Mayse, Treasurer
eyHa >
s/Evich Eggers
ee
Enclosures Se
COLONIAL LANE 000623
EXHIBIT A (Page 4 of 14)
October 13, 2021
COLONIAL LANE IMPROVEMENT ASSOCIATION ISSUE BALLOT
October 13, 2021
Instructions:
An Owner or authorized representative of each property address must print, sign with your address,
date, and submit this ballotto the Secretary, Tracy Hanning by 4 PM October 20, 2021. You may do so
by signing, scanning and emailing it to him : HanningTracy@gmail.com or personally delivering it to him,
or one of the other Trustees. if you personally deliver it, please make a copy for your records and
obtain a signed and dated receipt by Tracy or the receiving Trustee.
The question to be voted on is:
“Do you agree with the Board’s position that the Goebels are responsible for managing the water and
debris on their property and that it is not the responsibility of the Lane Association?
My Address is:
Yes, | agree with the Board’s decision,
No, | disagree with the Board’s decision.
Print Name
Signature.
Date
EXHIBIT A (Page 5 of 14) COLONIAL LANE 000624
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EXHIBIT A (Page 6 of 14) COLONIAL LANE 000625
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To All Froperty Owners oF Cad amsead fimo Gs
and Little Woods Lane
FO8 93°
resrtents ef Cokhonrak +
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Owner
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Foadk te be Proved oF an all-weather
bead - 16 f wile on Clodkia asi whe Eos, She
72 4 wide o> hitthe woods Line.
Your Road Committee has worked long and hard
to come up with the right
solution to the resurfacing ffter due consideration
problems of our lanes,
of bids secured, and taking into fact all the matters connected with this
project, it was the unanimous decision of the committee membership to accept
the bid of Mr, Carl Brumbaugh, Contractor, West “ilton, Ohio, as being the
best and lowest bid for the type af road construction and resurfacing deemed
adequate for our community.
Specifications call for sweeping the roadway, prime coat, laying 1 coat
of 3/k" crushed stone (#6 or #9), leveling low spots, building up the
shoulders, 2 heavy coats of asphalt, chipped and rolled, Colonial Lane
to have a 16 ft wide roadbed and Little Woods Lane a 12 ft wide roadbed.
BET Taat 2s Not EL Yes, there is more - This cost of
593.00 per property owner includés the cost of the preliminary road work
that has been done (material cost only), PLUS ~ the cost of cutting dom
and removing three large trees (one at corner of Little Woods-Colonial Lane,
one in front of Knapps, and one across the road from Lombardo's drive), all
of these trees being dangerous and a hazard to road travel + PLUS a the
cost of obtaining ten used oi] drums and a load of crushed cinders mixed
with calcium chloride to be located at points around the lanes for ice and
snow control in the wintertime.
NOW WE NEED YOUR COOPER’. TION. We want to let the contract for this road
project - but, no contract can be let until we have the funds to cover the
total cost of the job. Each member of the committee has volunteered to call
personally on a number of his neighbors to speed the collection of these
necessary funds. You will find the name of the committee member covering
your area on attached sheet. PLE.SE BE A GOOD NEIGHBOR .ND HAVE YOUR CHECK
OR C/.SH REDY FOR HIM WHEN HE CiJ . To be a success and to close this
contract, ALL MONEY MUST BE COLLECTED NOT LiTER THAN “AUGUST 15th, 1996,
Checks should be made out to: Re B. Craig, Treasurer, Colonial Lane
Improvement Association,
“EXHIBIT A (Page 7 of 14) —CoLONIAE LANE 062-
umptons Re Craig: J. Gordon: W. Sheppard:
Harris Smith Barkley Reinhard
dubai Miller Knapp Forstof
Hetzel Garner Horvath
Green
Knapp
Stolz Agas
Yeck Goetz
N. Cowden: P, Impey: P. Ridey: Von Greyerz:
Grandin Unbenhauer Reynolds Beck
zZeiler fdlen Lombardo Genung
Marshall Gerard Smith
Stanley Zappe & Bacher Sneed
Lloyd
Powers
Duckro
In the event of failure to complete the contract for any reason, whether or
not under control of the Committee, or by Act of God, all money collected
for this purpose will be promptly refunded to property owners concerned,
N. P. Cowden, Recorder
Colonial Lane Improvement
Association,
EXHIBIT A (Page 8 of 14) COLONIAL LANE 000627—
FISD
MEETING
COLONIAL LANe IMPROVEMENT Assn
Monday Eve Say /* UIST 705 fam.
Ae Kesidence, Treas, Bab Helze! 371 Colomal Lane
wee ”
Ip ee ee enemet
ALL of you proysrty ouners oa Colou{al and Libble Hooda ianes ave included. You
are cordialiy lovited and it is hoped thos you wili attend.
Seveval vatiers of interest and importance to all of you wid be cn the Agenda,
open fou free Giseussion ced such actioa as you vay elect.
2. Progocal to ine: onsen
2 - RTS on a mess oy
von ” in order thet we
ve
Bie.Gs
acquire
Jagal status. Ss
2. ie ee oe
Dy ae “Beate S ic emll’ores the aobtter of fire
iavuranse.
Se Alure of the toumiy to open Zein Hond to the Lebanon Piise 66 premised.
wast szail we do?
4, Recassity of CttEE CO L a? treszagsa: Seg
ing ey wrath: ned drivers
a Proposed Gate acrass Little Woo: Lone.
oe. Replacement vi Tenue along worth Liac of tolex: 2. Tone adjoining tas
“are proper
c. Possible 2: ov fae fo whiter
wrbign
5. tt
Hho Weshingten Peo, be How shell ae G22
Xaprovencns snd bh Bucs OF oN voud sur drainage aud Zoliege on
ak LANES.
qT. uch other RAS OC: or oes i Would you faver
ant
unk ¢ hors
a Le Ou sinking ond present it fov
at) WESC.
i ant
a8 we Ooga Bo: 2 & ah wprise, Toxized. for the peomties
oh
asa BOVE[GIOOF GUY HY Get Par mate Gnd esopervate in
its 2 So Beens eq 33% ma its yous nelzebor: De % your officers
ami div SUIS
'y to mewewhber tae dace ani this meotbins
Li gel Como Fe, Koren P, Cowlen, See.
eto 7
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COLONIAL LANE 000628
EXHIBIT
A (Page 9of 14)
a
ork
ROLD IMPROVEMENT
We hops to start the road improvement project in the near future. There
are a number of property owners, however, who have not as yet contributed
their proportionate share check in the amount of $93.00. For this reason,
the improvenent project is being delayed.
The following property omers have presented checks in the amount of $93.00
as of this dates
Re Compton Je Zeihler P, Impey We Yeck
R. Hetzel we “arshall J. Gordon We Sheppard
Je Harris BR Craig Me Barkley de Ages
Re Jubzd c. Saith &. L. Goetz
N. Cowden R. “iler B. Horvath Pp Ridey
R. Grendin Cc, Garner J. Stolz u, Reynolds
A. Lombardo i. Beck P. Genung *B. @reen
#Paynent promised 1 Sept. 56
We sincerely trust everyone will renevber this is a voluntary comunity
project for the benefit of all property ommers and that your comittee has
worked and is continuing to work for your benefit and not for any personal
gain or credit, It would be disasterous to commamity morale if cooperation
fron all is not forth-coning and would create a condition of many property
owners shouldering an additional expense burden caused by a few mcooper-
ative property owners,
If lack of payment was due to an oversight, a check in the anount of $93.00
forwarded promptly to R. F. Hetzel, Treasurer, Colonial Lane Improvenent
/asociation, would be appreciated,
If lack of payment is due to a close budget, the committee will accept a
90-day provissory note fron the property owners concerned, or satisfactory
its can be made with R, F, Hetzel, Treasurer, Colonial Lane In-
provenent Association, to ~eet this moral obligation thru a ~onthly
installment payment plan.
LETS ALL BE BACKERS!
EXHIBIT A (Page 40of 14) COTONIAL TANF UNAS:
78/21, 7:09 AM ‘StreamSiats
Colonial Lane.
Region ID: OH
Workspace ID: 0H202109081 10649610000
Clicked Point (Latitude, Longitude): 39.67018, -84.16617
Time: 2021-09-08 07:06:18 -0400
gran -
Ggnneoeputy Ct
*Heysschye c
e
~
Wats wo ‘Soronial bp
a
a Toweriw Ra
2
Lanaa
a
5ur Dery,
this Is based on USGS starting at the stream near your house
Basin Characteristics
Parameter
Code Parameter Description Value Unit
DRNAREA Area that drains to a point on a stream 0.0353 square miles
LC92STOR Percentage of water bodies and wetlands 0 percent
determined from the NLCD
STREAM_VARG Streamflow variability index as defined in WRIR 0.52 dimensionless
02-4068, computed from regional grid
LAT_CENT Latitude of Basin Centroid 39.6729 decimal
degrees
hitps://streametats.usge.govies! 18
_ —_ EXHIBIT
A (Page 11 of 14) COLONIAL LANE 000630
, 9/8/21, 70 AM StreamStats
General Flow Statistics Parameters [Low Flow LatLE 41.2 wri02 4068]
Parameter Min Max
Code Parameter Name Value Units Limit Limit
DRNAREA Drainage Area 0.0353 square miles 0.12 7422
LC92STOR Percent Storage from NLCD1992 0 percent 19
STREAM_VARG Streamflow Variability Index 0.52 dimensionless 0.25 1.13
from Grid
LAT_CENT Latitude of Basin Centroid 39.6729 decimal 38.68 41.2
degrees
General Flow Statistics Disclaimers [Low Flow LatLE 41.2 wri02 4068]
One.or meters. ut: he stig: ng) imates were: extrapolate sate
nko:
General Flow Statistics Flow Report [Low Flow LatLE 41.2 wri02 4068]
Statistic Value Unit
Harmonic Mean Streamflow 0.00431 ft*3/s
General Flow Statistics Citations
Koltun, G. F., and Whitehead, M. T.,2002, Techniques for Estimating Selected Streamflow
Characteristics of Rural, Unregulated Streams In Ohio: U. S. Geological Survey Water-
Resources Investigations Report 02-4068, 50 p
(https://pubs.er.usgs.gov/publication/wri024068)
USGS Data Disclaimer: Unless otherwise stated, all data, metadata and related materials are considered to satisfy the quality
standards relative to the purpose for which the data were collected. Although these data and associated metadata have
been reviewed for accuracy and completeness and approved for release by the U.S, Geological Survey (USGS), no warranty
expressed or implied is made regarding
the display or utility of the data for other purposes, nor an all computer systems,
nor shall the act of distribution constitute any such warranty,
USGS Software Disclaimer: This software has been approved for release by the U.S. Geological Survey (USGS). Although the
software has been subjected to rigorous review, the USGS reserves the right to update the software as needed pursuant to
further analysis and review. No warranty, expressed or implied, is made by the USGS or the U.S. Government as to the
functionality of the software and related material nor shall the fact of release constitute any such warranty. Furthermore,
the software is released on condition that neither the USGS nor the U.S. Government shall be held liable for any damages
resulting from its authorized or unauthorized use.
hitps://streamstats.usgs.gav/ss/ 213
EXHIBIT A (Pagé 12 of 14) COLONIAL LANE 000631
» 9/8/21, 7:09 AM StreamStats:
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EXHIBIT A (Page 13 of 14) COLONIAL LANE 000632
Colonial lane improvement association August 23, 2021 Video url
Provided by Jeff Monbeck
| have the recording of the meeting but it’s a super large file. I've uploaded it to google drive and you can access it
from clicking the link below. If you have any issues or questions, please let me know.
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14
EXHIBIT A (Page 14 of 14) COLONIAL LANE 000633
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ELECTRONICALLY FILED COURT OF COMMON PLEAS Wednesday, March 8, 2023 2:23:06 PI CASE NUMBER: 2021 CV 04232 Docket ID: 227147186 Mike Fol CLERK OF COURTS MONTGOMERY COUNTY OHIO INTHE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CIVIL DIVISION KURT AND CHARMAINE GOEBEL, CASE NO. 2021 CV 04232 Plaintiffs, JUDGE SUSAN D. SOLLE vs. COLONIAL LANE IMPROVEMENT ASSOCIATION, Defendant. MOTION FOR EXTENSION OF TIME Now come the Plaintiffs, Kurt and Charmaine Goebel (“Plaintiffs” or “the Goebels”), by and through counsel, and move this Court to extend the time for Plaintiffs to respond to Defendant’s Motion for Summary Judgment. This motion is made in good faith and is fully supported by the attached memorandum. Respectfully submitted, s/Richard L. Carr, Jr. Richard L. Carr, Jr. (0003180) AUMAN, MAHAN & FURRY 110 North Main Street, Suite 1000 Dayton, Ohio 45402-1738 (937) 223-6003 / ext. 3113 (937) 223-8550 (fax) ric@ amfdayton.com Attorney for Plaintiffs, Kurt and Charmaine Goebel MEMORANDUM On February 7, 2023, Defendant filed its Motion for Summary Judgment. Prior to that time, the parties have been engaging in discovery depositions and had agreed to schedule some necessary depositions past the discovery cut-off. Plaintiff is taking the deposition of Gary Gottschlich on March 13, 2023. The parties have been working diligently to obtain the participation of James Brinegar, a key witness, for a deposition, but Mr. Brinegar has retained counsel and refuses to testify. Mr. Brinegar’s counsel has indicated Mr. Brinegar will move to quash the subpoena about to be served upon Mr. Brinegar. At about 10:20 am. today, Tom Whelley from Dinsmore contacted the Plaintiffs’ counsel to indicate that James Brinegar will resist testifying on the basis that Brinegar was retained as an expert. Plaintiffs’ counsel informed Whelley that Brinegar was told by the Association President, Gary Gottschlich, that if Plaintiffs sued the Defendant, Gottschlich could not maintain confidentiality. Asked for any other basis, Whelley stated he would respond once a subpoena was served. To be specific, Association President Gary Gottschlich emailed Brinegar, “I will do my best to maintain your confidentiality, but it is doubtful that I can if they sue.” (DF’s production page 1827.) Page Below 1827 From: gary gottschlich Date: Fri, Oct 15, 2021 at 3:02 PM Jim, ‘Sorry, I didn't intend to send i. | was looking up your contact to call, and must have Inadvartently dene so. ldo the best | can to maintain your confidentiality, but Is doubtful that | can if they sue. (Once the report from the Trustees is sent to the membership, send you a copy if you'd like, Thanks again for your kindness and help. Gottschlich also had previously stated that he was working as Lane President and not as Lane’s attorney. In addition, Defendant disclosed what were purportedly opinions of Brinegar. On October 13, 2021, the Trustees of Colonial Lane Improvement Association issued a letter and voting packet to the owners of Colonial Lane. That letter directly relied upon the thoughts and opinions of Brinegar, whereby the letter states: The trustees also had the benefit of a pro bono site review by an engineer on September 3", He asked for confidentiality, so he is not identified. After approximately 90 minutes on the ditch from Rahn to Far Hills with Gary Gottschlich he summarized his conclusions as follows: 1. the flume on the road was clogged (since cleared in 1 minute, 37 seconds); 2. an engineering study was probably a waste of money; 3. the western wall of the canal placed by Goebels probably increased the water going across the road and wasn’t an efficacious way to direct the water to the grate without plantings to absorb and hold the dirt flowing from the West in their yard; adome grate might be helpful in shortening the time it takes to clear the water through the existing grate, and could possibly be helpful in concentrating the trash into a smaller area since it tends to float and catch on the ground as the water recedes; 5. Montgomery County sanitary might check on the sewage issue, possibly emanating from septic systems at the apartments; and 6 it’s the property owner’s problem. See ExhibitA, pp. 2-3. The Goebels are members of the Colonial Lane Improvement Association and were in receipt of this letter and voting packet, which relied on the thoughts and impressions of Brinegar. Although he is not identified in the letter or voting packet, Defendant’s later produced the notes and communications between Gottschlich and Brinegar that corroborate Brinegar as the engineer who is referenced in the letter. Plaintiffs cannot properly respond to Defendant’s Motion for Summary Judgment without the testimony of Gottschlich and Brinegar. Plaintiffs move the Court for an extension to respond to Defendant’s Motion for Summary Judgement motion until after the depositions of Gottschlich and Brinegar take place. The parties have scheduled Brinegar’s deposition for March 17, 2023. Plaintiffs will be issuing a subpoena for Brinegar today and it is expected that his attorney will move to quash on the basis of some yet to be disclosed theory. If Brinegar’s attorney moves to quash on the basis that Brinegar was an undisclosed expert, such a motion would be baseless. Respectfully submitted, s/Richard L. Carr, Jr. Richard L. Carr, Jr. (0003180) AUMAN, MAHAN & FURRY 110 North Main Street, Suite 1000 Dayton, Ohio 45402-1738 (937) 223-6003 / ext. 3113 (937) 223-8550 (fax) ric@ amfdayton.com Attorney for Plaintiffs, Kurt and Charmaine Goebel CERTIFICATE OF SERVICE I hereby certify that on March 8, 2023, I electronically filed the foregoing with the Clerk of the Court by using the ECF system which will send a notice of electronic filing to the following: Nicole A. Mitchell Gregory S. Kessler Freund, Freeze & Amold 8945 Brookside Drive, Suite 202 West Chester, OH 45069 nmitchell@ ffalaw.com gkessler@ ffalaw.com Attorneys for Defendant, Colonial Lane Improvement Association Thomas P. Whelley, II Dinsmore & Shohl Fifth Third Center 15S. Main Street, Suite 1300 Dayton, OH, 45402 thomas.whelley@ dinsmore.com Attorney for James Brinegar s/Richard L. Carr Richard L. Carr, Jr. (0003180) October 13, 2021 Colonial Lane Improvement Association Dear Colonial Lane Property owner: We write to you with our report and the conclusions we’ve reached following the Special Meeting of the Lane Association held August 23, 2021 at the Woodboume Library. We are attaching materials and sources that we considered, including a link to view the video of the 8/23/21 meeting (page 14), and invite you to review them, With appreciation, we also received written comments from several residents, all concerning the issue of occasional flooding of Kurt and Charmaine Goebel’s property at 55 Colonial Lane. We intended to complete and transmit this to you earlier but delays in scheduling site reviews by consultants and travel of each of us Trustees, made it difficult for us as volunteers to coordinate. We hope you understand. Finally, page 5 consists of a ballot that we ask you to sign and transmit in your capacity as a member of the Colonial Lane Improvement Association (the “Lane”) as to whether the Lane should assume responsibility for the Goebel’s property. Submit your ballot on or before October20, 2021. Our Report and Conclusions On February 10, 2021 your volunteer Board of Trustees denied any legal responsibility of the Colonial Lane Improvement Association (the “Lane”) to address Kurt and Charmaine Goebel’s claim that the occasional flooding of their property was the Lane’s responsibility to eliminate. In the intervening seven months, our decision has been proven to be correct as the remainder of this letter will demonstrate. We decline to devote your resources to their complaints, but we will continue to maintain the road, culvert, and concrete catch basins and provide for snow removal consistent with past performance by previous Trustees (including at some periods Kurt and/or Charmaine). Consistent with the legal authorities cited by the Goebels in their Special Meeting presentation, both Washington Township and Montgomery County see standing water as the property owner’s problem to manage, as demonstrated by the passage below (emphasis added): The responsibility for the maintenance and improvement of drains, streams, ditches and watercourses, Whether established County/Township ditches or not, rests entirely upon the land owners affected and benefited. It is not the obligation of the County/Towaship to maintain or improve the storm drainage facilities across any individual's property for cither agricultural purposes or development of suburban home sites. When an individual purchases property, the principal of “Caveat Emptor” or “let the buyer beware.” is the purchaser's best guideline. Land ownership has many potential and real benefits, but also comes with certain liabilities. Storm drainage facilities fall under the liability category of property ownership. These storm drainage facilitics cannot be closed, obstructed or altered in any way which would reduce the capacity for conveying storm water across private property. Any owner is liable for upstream property damage for failure to properly maintain storm drainage facilities across his own property.” -- Passage from Montgomery County Engineer pamphlet, “Responsibility and Procedure for Improvement and Maintenance of Drains. Ditches and Watercourses."' The Goebels house at 55 Colonial Lane was built in the 1920's. Its elevation is higher than the road and the water on their property flows east and southeast from the structures into the ditch and on and across the road. The storm sewer was installed in 1952 as part of the Talawanda Plat, the road surface was paved in 1957 by agreement of all the owners (1956 & 1957 records attached pp 7-10) and flows north to south. *https://www,washingtontwp.org/povernment, ney fags frequentiy asked questions (page 6) 1 EXHIBIT A (Page 1 of 14) COLONIAL LANE 000620 October 13, 2021 ‘Water comes to the grate and to 60 Colonial Lane from surfaces not exclusively from the storm sewer pipe. See US Geological Survey attached (pp 11-13). The Goebles acknowledged that the water has always flooded since they bought the property in 2000 (after acquiring and living in the immediately adjacent property in 1996), and to paraphrase an anecdote of Rick Corson from the meeting, “the Remm boys swam in the pond created by the heavy rains in the 1960's.”. The Goebel’s goal of having the water discharge as quickly as possible is contrary to sound storm water management and has been since before the 1970's. The “initial era of stormwater management that occurred | from the mid 1800s until the 1970s was dominated by the common enemy approach to water management, IE, the practice of conveying runoff from properties as fast as possible to nearby streams waterways and lakes. It was not until the 1970s and 1980s that communities began to require stormwater ponds (basins) to capmure and detain runoffto prevent downstream flooding caused by changes in the watershed."? At the Special Meeting the Goebels acknowledged that the water always drains in less than 12 hours, clearly within the standards of sound stormwater control measures, which is anywhere from 12-24 hours. See Grizzard, T.J., Randall, C.W., Ellis, K., 1986. Effectiveness of Extended Detention Ponds, Engineering oundation Conference on Urban Runoff Impact and Quality Management Technology, Henniker, NH, pp. 323-337."3 The Ohio EPA standard established (see note 3 @p.10) is 72 hours. Accordingly, it appears to the Trustees that the design of the Lane’s grates and detention basins installed in the 1950's were ahead of their time. The design remains a good one by moder standards, if maintained properly. It also appears that the nomenclature for the Goebel property is, in stormwater contro! parlance, “Dry Pond or Dry Extended Detention Basin.™ Following the Aug. 23 meeting the Trustees acted on the comments received. We spoke with government officials, took personal observations of the site, spoke with residents of the lower lane whose ditch severely floods, and backs up on the 138 Colonial (Dunham) property before discharging into a 24” pipe at Grantland. These residents, as have all others with direct stormwater flows, have maintained and managed their properties without Lane assistance. The trustees also had the benefit of a pro bono site review by an engineer on September 3“. He asked for confidentiality so he is not identified. After approximately 90 minutes on the ditch from Rahn to Far Hills with Gary Gottschlich he summarized his conclusions as follows: 1 the flume on the road was clogged (since cleared in | minute, 37 seconds); Zi an engineering study was probably a waste of money; 3. the western wail of the canal placed by Goebels probably increased the water going across the toad and wasn’t an efficacious way to direct the water to the grate without plantings to absorb and hold the dirt flowing from the West in their yard; ? Maintaining Stormwater Control Measures Guidance for Private Owners & Operators https://epa.ohio.gov/Portals/35/documents/SCM_OM Manual_Final_7-30-15.odf p 5. 3 https://www.openswmm.org/Topic/6550/drain-time-for-detention-retention-facilities * Maintaining Stormwater Control Measures Guidance for Private Owners & Operators https://epa ohio.gov/Portals/35/decuments/SCM_OM Manual Fine! _7-30-15.pd at 9,10,33 f 2 EXHIBIT A (Page 2 of 14) COLONIAL LANE 000621 — October 13, 2021 a dome grate might be helpful in shortening the time it takes to clear the water through the existing grate, and could possibly be helpful in concentrating the trash into a smaller area since it tends to float and catch on the ground as the water recedes; Montgomery County sanitary might check on the sewage issue, possibly emanating from septic systems at the apartments; and 6 it’s the property owner’s problem. Following the engineer's review, the Trustees agreed to hire Grunder landscaping for a fee of $100 to make a site survey. The firm was chosen because of its reputation and the depth of its professional staff. They were booked until September 20 and Gottschlich and Hanning met with a landscape architect and landscape designer to discuss preparation of a potential plan for the Goebel side of the road. The criteria the trustees utilized in seeking recommendations from Experts were threefold: 1. Protect the integrity of the road from erosion etc; 2. Avoid increasing the velocity of the flow that would damage downstream properties; and 3. Be aesthetically pleasing to those entering the lane from Far Hills. On Monday September 20, 2021 the Grunder team met with Gottschlich and Hanning at 10:30 at the bridge and discussed the site and the water drainage system. At approximately 11:15 Charmaine Goebel arrived and inquired. When it was suggested that they were thinking of modifying the existing dry pond, she told them that it would not happen and that she was calling their attomey [Richard Carr]. At about 2pm Gary Gottschlich and Carr discussed the moming’s confrontation (simplified and truncated here) and Gottschlich explained that the trustees were getting a proposal for a professional engineering site survey. Carr agreed to hold back on filing a lawsuit until the Trustees received such a report, but at 11:50 am on Wednesday the following email arrived: On Wed, Sep 22. 2021 at 11:50 AM Jon Steinbrunner wrote: Good moming Mr. Gottschlich, Thank you for taking the time to meet with us on Monday to discuss the drainage issue in the neighborhood. I am writing to inform you that the neighbor we met on Monday, Charmaine, called and stopped by our office this moming. She was clearly upset that we had been out and that we were going to make a proposal for work on her property. So much so, that there was even a mention of possible legal action, Due to the situation and clearly, we are not welcomed to work on this project, we have to respectfully decline to provide a proposal for the work we discussed. Additionally, after further discussion with Seth (our COO) and Mike the project would be better suited for a civil firm that can also manage a civil excavation company to execute the final project. Thope you understand our position and we wish you the best of luck. Please let us know if there is anything else in the fature we can help you with. Thank you Jon Steinbrunner Landscape Designer Phone: 937.847.8000 Direct: 937.247.0125 grunderlandseay: som Following receipt of this email the Trustees met and decided to refrain from further efforts. We hope that the Goebels who are receiving this report will reconsider their intentions and consider the benefits, both emotional and financial of managing the water and debris that are deposited on their property as every other Lane property owner so afflicted does. 3 EXHIBIT A (Page 3 of 14) COLONIAL LANE 000622 October 13, 2021 We are attaching a ballot on pa ge 5 for each prope rty owner to print, date, sign, with your address and submit to the Secretary, Tracy Hanning by 4 pm on October 2021. You may do so by scanning and emailing it to Tracy or by delivering it to him. There is only 6ne ballot per address, Please follo instructions on the ballot, The question to be voted w the on is: “Do you agree with the Board’s position that Kurt and Charmaine Goebe l c the Goehels") ave responsible for managing the water and debris on their ‘prop erty an d that it is not the responsibility of the Lane Association? Yes, Lagree with the Board’s decision No I disagree with the Board's decision. THI RCICEES AARD RECARO IORI ISOIORE RE AIO I I HIG HGR Hoe ARCA AR HOGS etek ae RCO ek Hk a Respectfully submitted by your Trustees of the Coloni al Lane Improvement Association, Gary Gottschlich, President Marty Jacobs, Vice President by Wir tiver Masti, farolr— je~ Ne Erich Eggers, Road Commissioner Tracy Hanning, Secretary Ron Mayse, Treasurer eyHa > s/Evich Eggers ee Enclosures Se COLONIAL LANE 000623 EXHIBIT A (Page 4 of 14) October 13, 2021 COLONIAL LANE IMPROVEMENT ASSOCIATION ISSUE BALLOT October 13, 2021 Instructions: An Owner or authorized representative of each property address must print, sign with your address, date, and submit this ballotto the Secretary, Tracy Hanning by 4 PM October 20, 2021. You may do so by signing, scanning and emailing it to him : HanningTracy@gmail.com or personally delivering it to him, or one of the other Trustees. if you personally deliver it, please make a copy for your records and obtain a signed and dated receipt by Tracy or the receiving Trustee. The question to be voted on is: “Do you agree with the Board’s position that the Goebels are responsible for managing the water and debris on their property and that it is not the responsibility of the Lane Association? My Address is: Yes, | agree with the Board’s decision, No, | disagree with the Board’s decision. Print Name Signature. Date EXHIBIT A (Page 5 of 14) COLONIAL LANE 000624 (g {) oo (ou oD a E Cc ow ies = Q c a a > ey £© T oO > a eo wv o os Q@ nl yo oO O of a£ OQ om WwW EXHIBIT A (Page 6 of 14) COLONIAL LANE 000625 ihc os a To All Froperty Owners oF Cad amsead fimo Gs and Little Woods Lane FO8 93° resrtents ef Cokhonrak + oO fo?” Owner Aitthe Preperly Woods Lanes Can Aave cu Firs€ Chass Aarcl top = Foadk te be Proved oF an all-weather bead - 16 f wile on Clodkia asi whe Eos, She 72 4 wide o> hitthe woods Line. Your Road Committee has worked long and hard to come up with the right solution to the resurfacing ffter due consideration problems of our lanes, of bids secured, and taking into fact all the matters connected with this project, it was the unanimous decision of the committee membership to accept the bid of Mr, Carl Brumbaugh, Contractor, West “ilton, Ohio, as being the best and lowest bid for the type af road construction and resurfacing deemed adequate for our community. Specifications call for sweeping the roadway, prime coat, laying 1 coat of 3/k" crushed stone (#6 or #9), leveling low spots, building up the shoulders, 2 heavy coats of asphalt, chipped and rolled, Colonial Lane to have a 16 ft wide roadbed and Little Woods Lane a 12 ft wide roadbed. BET Taat 2s Not EL Yes, there is more - This cost of 593.00 per property owner includés the cost of the preliminary road work that has been done (material cost only), PLUS ~ the cost of cutting dom and removing three large trees (one at corner of Little Woods-Colonial Lane, one in front of Knapps, and one across the road from Lombardo's drive), all of these trees being dangerous and a hazard to road travel + PLUS a the cost of obtaining ten used oi] drums and a load of crushed cinders mixed with calcium chloride to be located at points around the lanes for ice and snow control in the wintertime. NOW WE NEED YOUR COOPER’. TION. We want to let the contract for this road project - but, no contract can be let until we have the funds to cover the total cost of the job. Each member of the committee has volunteered to call personally on a number of his neighbors to speed the collection of these necessary funds. You will find the name of the committee member covering your area on attached sheet. PLE.SE BE A GOOD NEIGHBOR .ND HAVE YOUR CHECK OR C/.SH REDY FOR HIM WHEN HE CiJ . To be a success and to close this contract, ALL MONEY MUST BE COLLECTED NOT LiTER THAN “AUGUST 15th, 1996, Checks should be made out to: Re B. Craig, Treasurer, Colonial Lane Improvement Association, “EXHIBIT A (Page 7 of 14) —CoLONIAE LANE 062- umptons Re Craig: J. Gordon: W. Sheppard: Harris Smith Barkley Reinhard dubai Miller Knapp Forstof Hetzel Garner Horvath Green Knapp Stolz Agas Yeck Goetz N. Cowden: P, Impey: P. Ridey: Von Greyerz: Grandin Unbenhauer Reynolds Beck zZeiler fdlen Lombardo Genung Marshall Gerard Smith Stanley Zappe & Bacher Sneed Lloyd Powers Duckro In the event of failure to complete the contract for any reason, whether or not under control of the Committee, or by Act of God, all money collected for this purpose will be promptly refunded to property owners concerned, N. P. Cowden, Recorder Colonial Lane Improvement Association, EXHIBIT A (Page 8 of 14) COLONIAL LANE 000627— FISD MEETING COLONIAL LANe IMPROVEMENT Assn Monday Eve Say /* UIST 705 fam. Ae Kesidence, Treas, Bab Helze! 371 Colomal Lane wee ” Ip ee ee enemet ALL of you proysrty ouners oa Colou{al and Libble Hooda ianes ave included. You are cordialiy lovited and it is hoped thos you wili attend. Seveval vatiers of interest and importance to all of you wid be cn the Agenda, open fou free Giseussion ced such actioa as you vay elect. 2. Progocal to ine: onsen 2 - RTS on a mess oy von ” in order thet we ve Bie.Gs acquire Jagal status. Ss 2. ie ee oe Dy ae “Beate S ic emll’ores the aobtter of fire iavuranse. Se Alure of the toumiy to open Zein Hond to the Lebanon Piise 66 premised. wast szail we do? 4, Recassity of CttEE CO L a? treszagsa: Seg ing ey wrath: ned drivers a Proposed Gate acrass Little Woo: Lone. oe. Replacement vi Tenue along worth Liac of tolex: 2. Tone adjoining tas “are proper c. Possible 2: ov fae fo whiter wrbign 5. tt Hho Weshingten Peo, be How shell ae G22 Xaprovencns snd bh Bucs OF oN voud sur drainage aud Zoliege on ak LANES. qT. uch other RAS OC: or oes i Would you faver ant unk ¢ hors a Le Ou sinking ond present it fov at) WESC. i ant a8 we Ooga Bo: 2 & ah wprise, Toxized. for the peomties oh asa BOVE[GIOOF GUY HY Get Par mate Gnd esopervate in its 2 So Beens eq 33% ma its yous nelzebor: De % your officers ami div SUIS 'y to mewewhber tae dace ani this meotbins Li gel Como Fe, Koren P, Cowlen, See. eto 7 OOS ur vd Sick hand 251 baal dag COLONIAL LANE 000628 EXHIBIT A (Page 9of 14) a ork ROLD IMPROVEMENT We hops to start the road improvement project in the near future. There are a number of property owners, however, who have not as yet contributed their proportionate share check in the amount of $93.00. For this reason, the improvenent project is being delayed. The following property omers have presented checks in the amount of $93.00 as of this dates Re Compton Je Zeihler P, Impey We Yeck R. Hetzel we “arshall J. Gordon We Sheppard Je Harris BR Craig Me Barkley de Ages Re Jubzd c. Saith &. L. Goetz N. Cowden R. “iler B. Horvath Pp Ridey R. Grendin Cc, Garner J. Stolz u, Reynolds A. Lombardo i. Beck P. Genung *B. @reen #Paynent promised 1 Sept. 56 We sincerely trust everyone will renevber this is a voluntary comunity project for the benefit of all property ommers and that your comittee has worked and is continuing to work for your benefit and not for any personal gain or credit, It would be disasterous to commamity morale if cooperation fron all is not forth-coning and would create a condition of many property owners shouldering an additional expense burden caused by a few mcooper- ative property owners, If lack of payment was due to an oversight, a check in the anount of $93.00 forwarded promptly to R. F. Hetzel, Treasurer, Colonial Lane Improvenent /asociation, would be appreciated, If lack of payment is due to a close budget, the committee will accept a 90-day provissory note fron the property owners concerned, or satisfactory its can be made with R, F, Hetzel, Treasurer, Colonial Lane In- provenent Association, to ~eet this moral obligation thru a ~onthly installment payment plan. LETS ALL BE BACKERS! EXHIBIT A (Page 40of 14) COTONIAL TANF UNAS: 78/21, 7:09 AM ‘StreamSiats Colonial Lane. Region ID: OH Workspace ID: 0H202109081 10649610000 Clicked Point (Latitude, Longitude): 39.67018, -84.16617 Time: 2021-09-08 07:06:18 -0400 gran - Ggnneoeputy Ct *Heysschye c e ~ Wats wo ‘Soronial bp a a Toweriw Ra 2 Lanaa a 5ur Dery, this Is based on USGS starting at the stream near your house Basin Characteristics Parameter Code Parameter Description Value Unit DRNAREA Area that drains to a point on a stream 0.0353 square miles LC92STOR Percentage of water bodies and wetlands 0 percent determined from the NLCD STREAM_VARG Streamflow variability index as defined in WRIR 0.52 dimensionless 02-4068, computed from regional grid LAT_CENT Latitude of Basin Centroid 39.6729 decimal degrees hitps://streametats.usge.govies! 18 _ —_ EXHIBIT A (Page 11 of 14) COLONIAL LANE 000630 , 9/8/21, 70 AM StreamStats General Flow Statistics Parameters [Low Flow LatLE 41.2 wri02 4068] Parameter Min Max Code Parameter Name Value Units Limit Limit DRNAREA Drainage Area 0.0353 square miles 0.12 7422 LC92STOR Percent Storage from NLCD1992 0 percent 19 STREAM_VARG Streamflow Variability Index 0.52 dimensionless 0.25 1.13 from Grid LAT_CENT Latitude of Basin Centroid 39.6729 decimal 38.68 41.2 degrees General Flow Statistics Disclaimers [Low Flow LatLE 41.2 wri02 4068] One.or meters. ut: he stig: ng) imates were: extrapolate sate nko: General Flow Statistics Flow Report [Low Flow LatLE 41.2 wri02 4068] Statistic Value Unit Harmonic Mean Streamflow 0.00431 ft*3/s General Flow Statistics Citations Koltun, G. F., and Whitehead, M. T.,2002, Techniques for Estimating Selected Streamflow Characteristics of Rural, Unregulated Streams In Ohio: U. S. Geological Survey Water- Resources Investigations Report 02-4068, 50 p (https://pubs.er.usgs.gov/publication/wri024068) USGS Data Disclaimer: Unless otherwise stated, all data, metadata and related materials are considered to satisfy the quality standards relative to the purpose for which the data were collected. Although these data and associated metadata have been reviewed for accuracy and completeness and approved for release by the U.S, Geological Survey (USGS), no warranty expressed or implied is made regarding the display or utility of the data for other purposes, nor an all computer systems, nor shall the act of distribution constitute any such warranty, USGS Software Disclaimer: This software has been approved for release by the U.S. Geological Survey (USGS). Although the software has been subjected to rigorous review, the USGS reserves the right to update the software as needed pursuant to further analysis and review. No warranty, expressed or implied, is made by the USGS or the U.S. Government as to the functionality of the software and related material nor shall the fact of release constitute any such warranty. Furthermore, the software is released on condition that neither the USGS nor the U.S. Government shall be held liable for any damages resulting from its authorized or unauthorized use. hitps://streamstats.usgs.gav/ss/ 213 EXHIBIT A (Pagé 12 of 14) COLONIAL LANE 000631 » 9/8/21, 7:09 AM StreamStats: USGS Product Names Disclaimer: Any use of trade, firm, or product names is for descriptive purposes only and does not imply endorsement by the U.S. Government, Application Version: 4.6.2 StreamStats Services Version: 1.2.22 NSS Services Version: 2.1.2 https:istreamstats.usgs.gov/ss/ 313 EXHIBIT A (Page 13 of 14) COLONIAL LANE 000632 Colonial lane improvement association August 23, 2021 Video url Provided by Jeff Monbeck | have the recording of the meeting but it’s a super large file. I've uploaded it to google drive and you can access it from clicking the link below. If you have any issues or questions, please let me know. intl Mv goodle cout le PRX if iit Bh veilnics 14 EXHIBIT A (Page 14 of 14) COLONIAL LANE 000633