MRS. WAGNER moved to adopt the following resolution:
RESOLUTION G-0801
RESOLUTION OF APPRECIATION FOR
WILLIAM ERIC MINAMYER
WHEREAS, Eric Minamyer has served this township as a member of its Board of Trustees from January 1, 1996 to December 31, 2007 and has served with distinction as its President and Trustee Representative to various township committees; and
WHEREAS, the Board of Trustees wishes to express its most sincere respect and profound gratitude to Eric Minamyer for his efforts and accomplishments during his many years of dedicated service to the residents of Symmes Township; and
WHEREAS, Symmes Township has benefitted from his advice and counsel on many matters affecting the public safety and welfare, government operations and recreational opportunities; and
WHEREAS, Eric Minamyer has been instrumental in the construction of the Township Safety Center and the Blong Memorial Park; the initiation of the Armed Services Memorial, the Township Road and Safety Sidewalk and Master Plans, and as well as other numerous projects within the Township which provided for a planned, balanced and orderly growth; and
WHEREAS, Symmes Township will greatly miss the knowledge, insight, and commitment which Eric Minamyer has consistently displayed as a Township Trustee;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio:
Section 1. The Board of Trustees wishes to publicly acknowledge Eric Minamyer's contributions and to give proper recognition to the progress achieved during his tenure.
Section 2. The Board of Trustees and Staff wish to express their most sincere thanks and gratitude to Eric Minamyer for his efforts and accomplishments during his many years of dedicated service to the residents of Symmes Township, Hamilton County, Ohio.
Section 3. That the Township Fiscal Officer is hereby directed to deliver to Mr. Minamyer a copy of this resolution.
Section 4. This resolution be permanently recorded in the official records of the Township.
Mr. Beck seconded the motion.
MR. BORCHERS stated that Mr. Minamyer has served this Township very well as a Trustee and also served on the Indian Hill Board of Education. Mr. Borchers further stated he appreciated what Mr. Minamyer did for the Township during his term and enjoyed working with him.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
MRS. WAGNER moved to adopt the following resolution and to dispense with the Second Reading:
RESOLUTION G-0803
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 Thirty Dollars ($1,530.00) per month. Services in excess of ten hours per month shall be paid monthly at the rate of One Hundred Fifty-Three Dollars ($153.00) 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 Seventy-Eight Dollars ($178.00) 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. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
Mrs. Wagner moved to adopt the following resolution and to dispense with the Second Reading:
RESOLUTION G-0802
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, 2008.
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.
Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
Mrs. Wagner moved to adopt the following resolution:
RESOLUTION G-0804
Resolution Rescinding Resolution G-0524 and
Authorizing and Directing the
Granting of Permament and Temporary Easements
for Sanitary Sewer
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, adopted Resolution G-0524 on November 1, 2005, providing for a temporary easement for a sanitary sewer on Parcel No. 620-0070-0070; and
WHEREAS, it has been determined by the Metropolitan Sewer District (MSD) that both permament and temporary easements are now required for this property; and
WHEREAS, due to the consolidation of the property, the current parcel number is 620-0070-0035; and
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, owns parcel #620-0070-0035 fronting Union Cemetery Road; and
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio desires to support the construction of sanitary sewer facilities within Symmes Township; and
WHEREAS, MSD desires to construct a sanitary sewer line along Union Cemetery Road which will require permament and temporary easements on Parcel #620-0070-0035; and
WHEREAS, it is necessary and in the public interest to grant permament and temporary easements for the purpose of installing a sanitary sewer adjacent to the right-of-way of Union Cemetery Road.
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of Symmes Township, Hamilton County, Ohio:
Section 1. Hereby rescinds Resolution G-0542 adopted on November 1, 2005.
Section 2. Hereby authorizes and approves the granting of permament and temporary easements for the purpose of installing a sanitary sewer adjacent to the right of way of Union Cemetery Road.
Section 3. Hereby authorizes the Township Administrator to execute any necessary paperwork on behalf of the Board of Township Trustees for Parcel #620-0070-0035.
Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
Mrs. Wagner moved to adopt the following resolution:
RESOLUTION G-0805
Resolution Authorizing and Directing Approval
of Addendum No. 5 to the Contract to Purchase
Between the Board of Trustees of Symmes Township
and Nxfaze Unlimited, Inc.
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, has entered into a Contract for the sale of certain property, Parcel Nos. 620-202-56 to Nxfaze Unlimited, Inc.; and
WHEREAS, the Purchaser of said property has requested approval of an Addendum to modify the date related to the closing date as set forth in Paragraph 4(A); and
WHEREAS, the modifications requested are reasonable and modest.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio:
Section 1. The Addendum No. 5 attached hereto as Exhibit A is hereby approved and accepted. All terms of the Contract not specifically amended shall remain the same.
Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
Mrs. Wagner moved to adopt the following emergency resolution:
RESOLUTION G-0806
AN EMERGENCY RESOLUTION CHARGING CABLE/VIDEO SERVICE
PROVIDERS THAT HAVE OBTAINED A VIDEO SERVICE AUTHORIZATION
OR RENEWAL PURSUANT TO THE AUTHORITY OF THE STATE OF OHIO
A VIDEO SERVICE PROVIDER FEE IN THE AMOUNT OF FIVE PERCENT
(5%) OF GROSS REVENUES, WHICH GROSS REVENUE BASE SHALL
INCLUDE ADVERTISING REVENUES, AND AUTHORIZING TOWNSHIP
ADMINISTRATOR TO DELIVER NOTICE OF THIS RESOLUTION TO VIDEO SERVICE
PROVIDERS WITHIN TEN (10)DAYS OF RECEIVING NOTICE OF
THE PROVIDER’S INTENT TO OFFER SERVICE IN SYMMES TOWNSHIP
WHEREAS, it has been determined that absent an Resolution establishing a five percent (5%) video service provider fee that is based upon gross revenues, which gross revenue base shall include advertising revenue, Senate Bill 117, passed by the Ohio Legislature, will set the video service provider fee at zero percent (0%) and/or will exempt advertising revenues from the video service provider fee resulting in a significant loss of fees to the Township.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio:
Section 1. Following notice of a video service provider’s (hereinafter “VSP”) intent to offer service in Symmes Township pursuant to Ohio Revised Code Section 1332.27 and as compensation for the benefits and privileges granted under the State of Ohio video service and in consideration of permission to use Symmes Township’s streets and rights-of-way, the VSP shall pay to Symmes Township a video service provider fee in the amount of five percent (5%) of the VSP’s gross revenues, which gross revenue base shall include advertising revenue advertising revenues, as defined by ORC Section 1332.32. Notice of this video service provider fee shall be served upon the VSP by the
Township Administrator, or duly appointed designee, within ten (10) days of Symmes Township receiving notice of the VSP’s intent to offer service in the municipal Township.
Section 2. Symmes Township, as its sole expense, may conduct an annual audit for the purpose of verifying the accuracy of a VSP’s calculation of the video service provider fees paid to the Township in the audit period. For the purpose of the audit, the VSP shall make available for inspection, at the location where such records are kept in the normal course of business, those records pertaining to gross revenues, including advertising revenues.
Section 3. A VSP shall pay any amounts found to have been underpaid in the audit within thirty days after notice and shall include interest on the underpayments as provided in ORC Section 1343.03, unless the VSP brings an action pursuant to ORC Section 1332.33(D).
Section 4. Except as otherwise provided by law, no acceptance of any payment by Symmes township shall be construed as a release or as an accord and satisfaction of any claim Symmes Township may have for further or additional sums payable as a video service provider fee or from the performance of any other obligation of the VSP.
Section 5. Video service provider fee payments shall be made no sooner than forty-five nor later than sixty days after the end of each calendar quarter.
Section 6. Symmes Township represents that it is its intention to be able to charge up to the maximum amount of video service provider fees allowed by law which is presently set at five percent (5%) pursuant to ORC Section 1332.32(C)(1)(b).
Section 7. A VSP shall meet all the customer service standards contained in ORC Section 1332.26.
Section 8. A VSP is currently providing PEG (activities or actions performed for the benefit of public, educational and government video programming) channel pursuant to a franchise competitive video service agreement, ordinance, or resolution shall continue to provide the PEG channel(s) and support pursuant to ORC Section 1332.30.
Section 9. 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 continuity of legal services for this Township.
Mr. Beck seconded the motion.
MR. MALLOY advised this resolution does not change any existing cable agreements. This resolution is necessary in order to protect the Township from recent legislation which could cause a government to lose its current franchise fees. Mr. Malloy recommended that the Board adopt this resolution so that the Township Administrator can promptly respond to any notification received from other cable providers.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent; Mr. Beck - 'aye'.
MRS. WAGNER moved to approve the 2007 Township Annual Mileage Certification reflecting 40.17 miles. Mr. Beck seconded the motion. The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
MR. BECKMAN reviewed the Board on the proposed streets for the 2008 Resurfacing Program and noted the cost estimate is approximately $325,000. Mr. Beckman stated he will request the Board to establish the bid opening date at the next meeting.
MR. BECKMAN advised he had reflected $95,000 per year for sidewalks; however, the Board has not established an amount as was done with the first levy. Mr. Beckman noted there is approximately $200,000.00 available for sidewalks.
MR. BECK stated he felt it is important to address the sidewalk issue on Humphrey Road. Mr. Beck advised that residents in that area have expressed interest in having a sidewalk available in order to safely walk along Humphrey Road. Mr. Beck stated he would like this sidewalk to be considered in 2008.
MR. BECKMAN explained he would contact the sidewalk consultant in order to determine the engineering costs for this sidewalk. The project would have to be bid and construction could start late in the year. The main problem is obtaining easements from abutting property owners and this could extend the timeframe. Mr. Beckman reminded the Board that this is a County roadway and would have to be reviewed by the Hamilton County Engineer's Office.
The Board directed the Township Administrator to obtain a cost estimate for the construction of this sidewalk.
MR. BECKMAN questioned the Board's position on special events in the Township. Mr. Beckman noted that Easter is early this year and the Board would have to make a decision tonight on this event. The date would be March 15 and the attendance might be low due to the weather and lack of communication to the residents.
MR. BECK stated he has enjoyed Symmesfest, Fallfest and Operation Santa, but is not familiar with this Easter event. Mr. Beck further stated the Symmesfest, as well as Fallfest, is a great way for the Township to make residents aware of what the Township has to offer. Mr. Beck questioned if the Easter event also serves this purpose.
MR. BECKMAN suggested that the Board not hold the Easter event this year, but table discussions for next year to a future meeting. The Board had no objection.
MR. BECK questioned if the Board needs to discuss the other events.
MR. BECKMAN noted that the Fire Department handles the operation of Symmefest.
CHIEF HUBER advised he would like to discuss the possibility of changing the dates for Symmesfest and suggested that a June date might be more successful. The Board had no objection.
Chief Huber advised that he has been discussing with Lt. Reid the possibility of holding a Safety Day event at the Safety Center. The Board had no objection.
MR. BECKMAN advised the Ad Hoc Park Expansion Committee have discussed different ways to receive public input. These included having their own website as well as a $300.00 budget in order to expend funds. Mr. Beckman stated he has notified the Committee they could utilize the Township's website. Mr. Beckman further stated that the Township could order any supplies the Committee might require.
MR. BORCHERS stated the Township has never provided a committee with a budget.
MR. BECK stated he would like to see all the information on the Township's rather than on a separate one.
The Board agreed that the Ad Hoc Park Expansion Committee should utilize the Township's website and that no budget would be allotted.
MR. BECKMAN advised the Board that Terry Schildmeyer's term will expire on March 31 and recommended the Board re-appoint him to this position.
MRS. WAGNER moved to re-appoint Terry Schildmeyer, 10902 Shadow Glen, Loveland, OH 45140, as the Board representative to the Loveland-Symmes Fire Board of Directors for a three year term ending March 31, 2011. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
MR. BECKMAN questioned if the Board wished to provide a copy of Mr. Malloy's legal opinion regarding Loveland's current water with Hamilton County.
MR. MALLOY recommended that the Board release the Confidentiality requirement of this memo and forward a copy to the County. Mr. Malloy stated he believes that the City of Loveland cannot require a condition for annexation in order to receive water service and feels the Hamilton County Prosecutor's Office should review this issue and render an opinion.
MRS. WAGNER moved to release the Confidentiality requirement and to direct the Township Administrator to provide a copy of the Township Law Director's memo to Hamilton County. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
MR. BECKMAN advised a Township employee has requested the reimbursement of college tuition in the amount of $10,700 and the current policy provides for this reimbursement. Mr. Beckman stated he is looking for the Board's approval of this expenditure.
MRS. WAGNER stated she felt the Board needs to review the tuition policy.
MR. BECK stated it appears this employee has made plans based on the current Township policy and the Board should approve this reimbursement. Mr. Beck further stated he agrees with Mrs. Wagner that the policy should be reviewed.
Mr. Beck moved to approve an expenditure in an amount not to exceed $10,700 for the reimbursement of tuition expenses for Carl Miller. Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
Mrs. Wagner moved to accept the resignation of Henry Harris Jr. from the Ad Hoc Park Expansion Committee effective immediately. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
Mrs. Wagner moved to approve a two-month extension to current contract for OSHA consultant services at a cost of $750.00 per month. Mr. Beck seconded the motion.
MR. BECKMAN explained the Township currently contracts with Delhi Township for OSHA training services. Delhi Township is in the process of negotiating this employee's contract. This approval for allow for a two-month timeframe to complete this process.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
Mrs. Wagner moved to authorize the Township Administrator to sign release form for the use of photographs on the armed service memorial wall. Mr. Beck seconded the motion.
MR. BECKMAN advised he has received possible photos for the women's portion of the Armed Service Wall; however, a release form needs to be signed.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
MRS. WAGNER moved to authorize the Trustees, Fiscal Officer, Assistant Fiscal Officer and Office Assistant to attend Local Government seminar on March 26 - 28, 2008 in Columbus, Ohio . Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
Mrs. Wagner moved to authorize Jeff Yeary and David Heider to attend pesticide conference on January 15, 2008 in Dayton, Ohio. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
Mrs. Wagner moved to authorize Bill Pitman and Willie Burns to attend a seven week air conditioning and heating class at Live Oaks Campus starting February 2, 2008. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
Mrs. Wagner moved to authorize the Hamilton County Board of Elections to utilize Symmes Park in 2008 for the distribution of election materials. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
Mrs. Wagner moved to authorize the Township Administrator to enter into an agreement with the Payne Firm for additional environmental testing on the Rozzi property and to approve an expenditure (Then & Now) in an amount not to exceed $10,000 for said services. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
Mrs. Wagner moved to authorize the Township Administrator to enter into an agreement to ProAir Midwest for annual testing the air pack system and to approve an expenditure in the amount of $650.00 for said services. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'.
Mrs. Wagner moved to approve:
a. Expenditure in the amount of $1,200.00 for annual aerial service contract
b. Expenditure (Then & Now) in the amount of $1,723.02 for repairs to sprinkler system at Hopewell Park
c. Expenditure (Then & Now) in the amount of $227.85 for tire repair for M60
d. Expenditure in the amount of $3,500.00 for containers for Brush Drop-Off
e. Expenditure in the amount of $12,500.00 for containers for Clean-Up Days
f. Expenditure in the amount of $5,000.00 for the purchase of crack sealing material
g. Expenditure (Then & Now) in the amount of $1,594.61 for brake repairs for Tower 61
h. Expenditure (Then & Now) in the amount of $244.75 for repairs to portable radios
i. Expenditure in the amount of $1,023.74 for brakes repairs for T31
Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'absent'; Mr. Beck - 'aye'. |
Minutes
