MR. BECK moved to adopt the following resolution and to dispense with the second reading:
RESOLUTION G-2010-01
Resolution Appointing Robert P. Malloy
Law Director Pursuant to R.C. 504.15 and
Dispensing with the Second Reading
WHEREAS, pursuant to R.C. 504.15, the Board of Trustees is required to appoint a full-time or part-time Law Director; and
WHEREAS, Robert P. Malloy is by reason of his training and experience competent to act as legal advisor to the Board, the Township Administrator and other Township officers; and
WHEREAS, R.C. 504.151 provides that the Township Law Director may appoint as Assistant Law Director a person who is an associate or partner of or who is employed by the Township Law Director in the private practice of law; and
WHEREAS, certain associates, partners and employees of Robert P. Malloy are qualified and capable of assisting and supporting the legal services.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio pursuant to Chapter 504 of the Revised Code, as follows:
Section 1. Robert P. Malloy is hereby appointed and retained pursuant to R.C. 504.15 as the Township Law Director who shall serve in such capacity on a part-time basis as an independent contractor unless terminated by the Board or Robert P. Malloy upon thirty (30) days notice. Robert P. Malloy shall be compensated for such services at the rate of One Thousand Five Hundred and Eighty Dollars ($1,580.00) per month. Services in excess of twelve (12) hours per month shall be paid monthly at the rate of One Hundred Fifty-Eight Dollars ($158.00) per hour, plus authorized expenses, except that legal services rendered for matters involving litigation or administrative appeals shall be compensated at the rate of One Hundred Eighty-Four Dollars ($184.00) per hour. Such a rate of compensation shall also be applicable for legal services performed by other persons in the law firm of Wood & Lamping who are so designated as Assistant Law Directors by Robert P. Malloy.
Section 2. The Board hereby authorized and directs that the Township enter into a Law Director Employment Agreement with Robert P. Malloy, which Agreement fully defines the terms and conditions upon which Robert P. Malloy shall serve as Law Director, a copy of which is incorporated herein by reference as Exhibit “A.”
Section 3. The Trustees of Symmes Township upon majority vote do hereby dispense with the requirement that this Resolution be read on two separate days, and hereby authorize the adoption of this Resolution upon its first reading.
Section 4. This Resolution shall be adopted as an emergency necessary for the immediate preservation of the public, peace, health, safety or welfare of the community for the reason that it is necessary to maintain the continuity of legal services for this Township.
Section 5. It is hereby determined that all formal actions of the Board of Trustees relating to the adoption of this Resolution were taken in an open meeting of the Board of Township Trustees and that all deliberations of such Board of Trustees were in meeting open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.
MR. BRYANT seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.
MR. BECK moved to adopt the following resolution and to dispense with the second reading:
RESOLUTION G-2010-02
Resolution Retaining Chester Willcox & Saxbe
as Legal Counsel to Advise and Represent
the Township in Annexation Matters
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, deems it necessary and advisable to employ legal counsel to advise and represent the Township on legal matters relating to annexation;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township that:
Section 1. Elizabeth M. Stanton and the firm of Chester Willcox & Saxbe, A Legal Professional Association, be retained as Legal Counsel to advise and represent Symmes Township on legal matters relating to annexation.
Section 2. Representation will be paid for as follows: $225.00 per hour senior attorney time; $180.00 per hour associate attorney time; and $85.00 per hour law clerk or legal assistant time. Rate is fixed for six months but subject to increase thereafter, with a maximum increase of six (6%) percent every six (6) months. Time spent on travel and telephone calls is considered billable time. Court costs and expenses will be paid by the Township. Fees will be paid monthly upon receipt of the bill.
Section 3. Board will execute a Retainer Agreement reciting these terms.
Section 4. The Fiscal Officer is hereby authorized and directed to pay for the above services from the Township fund from and after January 1, 2010.
Section 5. That this action by order of the Board of Trustees of Symmes Township be duly entered upon its journal.
Section 6. This Resolution shall be adopted as an emergency necessary for the immediate preservation of the public peace, health, safety, or welfare of the community for the reason that it is necessary to maintain the continuity of legal services for this Township.
MRS. LEIS seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.
MR. BECK moved to adopt the following resolution:
RESOLUTION G-2010-03
Resolution Requesting the County
Auditor to Make Advance Payments of Taxes
WHEREAS, the Ohio revised Code allows a taxing authority to request payment from the County Auditor funds derived from taxes or other sources to the County Treasurer, which is held on account of a local subdivision; and
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, wishes the Township Fiscal Officer to make requests for advance payments of property taxes prior to the completion of a tax settlement.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio:
Section 1. That the Auditor and Treasurer of Hamilton County, Ohio, in accordance with Ohio Revised Code Section 321.34, be requested to draw and pay to Symmes Township upon written request of John C. Borchers, Fiscal Officer to the County Auditor, funds due in any settlement of 2010 derived from taxes or other sources, payment to the County Treasurer to the account of Symmes Township, and lawfully applicable for purposes of the current fiscal year.
Section 2. That the Fiscal Officer is hereby directed to forward a certified copy of this Resolution to the County Auditor.
MR. BRYANT seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.
MR. BECKMAN reviewed the list of streets recommended by the Director of Public Works for resurfacing this year. The estimated cost has been compared against the available appropriation. The Board had no objection to the proposed streets.
Mr. Beckman advised he will be asking the Board in February to establish a bid opening date for this project.
MR. BECKMAN advised that Staff is looking for direction from the Board regarding special events for 2010.
MRS. LEIS stated she would like to have an Easter Egg Hunt as this is a way for residents to meet during a community event.
MR. BRYANT noted the Township has not held an Easter Egg Hunt for the last two years. The first year because Easter came so early and last year because of the preparation for the Flower Show.
MR. BECK stated the Flower this year will be April 17 - 25. It appears that the date for an Easter Egg Hunt would be Saturday, March 27 at Symmes Elementary.
MR. BRYANT questioned if the Township would attempt to get volunteers again.
MR. BECKMAN advised the Township has not been successful in having residents volunteer for the various events.
MRS. LEIS stated she would be able to get as many volunteers as needed.
MR. BECKMAN advised the other events would be Symmesfest in June, Fallfest in October and Operation Santa in December.
Mr. Beckman noted that the Township last year assisted the Cincinnati Horticultural Society with Farmfest since they did not have a sponsor.
MR. BRYANT stated that the Township originally held Fallfest on a Sunday and funded this event. The Township, due to its association with the Horticultural Society, allowed the Society to use Symmes Park for its annual Farmfest. The Board combined these two events last year to increase participation on Friday and Saturday.
MR. BECK noted that Operation Santa is held on December 5 which will be Sunday this year.
MR. BRYANT moved that Symmes Township hold four special events (Easter Egg Hunt, Symmesfest, Farmfest and Operation Santa) during 2010 and to approve an expenditure in an amount not to exceed $20,000.00 for expenses for said events. Mr. Beck seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.
MR. BECK moved to accept the notice of retirement received from Harold Suddarth effective March 1, 2010. Mrs. Leis seconded the motion.
MR. BECKMAN advised that Mr. Suddarth has been with the Township for seventeen years and has decided to retire.
The roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.
MR. BECK moved to approve a one year supplemental contract by the Loveland Symmes Fire Department with Milford Fire Department for the Camp Dennison area at $500.00 per month effective January 1, 2010. Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.
MR. BECK moved to approve:
a. Additional expenditure in the amount of $2,500.00 for asbestos removal from structures located on Rozzi Park property Center
b. Expenditure in an amount not to exceed $26,028.00 for the purchase of a police cruiser
c. Expenditure in the amount of $1,873.00 for 2010 membership fee (1/2 participation) in the Hamilton County Regional Planning Commission and the Planning Partnership
d. Expenditure (Then & Now) in the amount of $2,182.86 for repairs to recording system
e. Additional expenditure in the amount of $9,282.00 for purchase of salt
Mr. Bryant seconded the motion.
MR. BECKMAN stated there is a need for the replacement of two cruisers due to high mileage.
MR. BORCHERS noted that only one police cruiser was budgeted. Mr. Borchers stated that this second cruiser would need to be purchased from the General Fund should the Board agree with Staff's recommendation.
LT. BUTLER advised he is recommending the replacement of Car 94 which has over 102,000 miles and Car 93 which is a 2003 model with 95,500 miles. The cost of repairs goes up with the age of these cars. There are two additional cars which have over 100,000 miles at this time. The new cruisers would be purchased under the State contract and will meet all specifications required by the Sheriff's Office. The Township should be able to get four to five years of use from them.
MR. BORCHERS stated he agreed with Lt. Butler's comments and it makes sense to purchase two police cruisers at this time.
MR. BECK noted that Staff is recommending the purchase of two cruisers and the Fiscal Officer is advising that funds are available from the General Fund for the second car.
The roll call vote for the above expenditures was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.
MR. BECK moved to establish a Temporary Appropriation 1-G-2 in the amount of $26,100.00. Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.
Mr. Beck moved to approve an expenditure in an amount not to exceed $26,028.00 for the purchase of a police cruiser. Mrs. Leis seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.
MR. BECK moved to authorize Carol Sims and Ken Bryant to attend planning/zoning training sessions on January 27 and February 24 at Blue Ash Recreation Center. Mrs. Leis seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'abstain'; Mrs. Leis - 'aye'.
The meeting adjourned at 9:34 p.m.
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