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MINUTES OF
SYMMES TOWNSHIP TRUSTEES
REGULAR MEETING
FEBRUARY 2, 2010

This meeting can be viewed on demand through an interactive agenda by clicking: HERE

Opening | Presentation | Receipts | Warrants | Minutes | Reports | Hearing from Residents | Correspondence |
| Old Business | New Business | Executive Session

Opening

The meeting was called to order at 7:01 p.m.  Members of the Board present were: Mr. Philip Beck, Mr. Kenneth Bryant, Mrs. Jodie Leis, and Mr. John Borchers.

Also present:  Gerald Beckman - Township Administrator; Robert Malloy - Township Law Director; Carol Sims - Township Assistant Fiscal Officer; Lt. Thomas Butler - Hamilton County Sheriff's Department; Otto Huber - Chief, Loveland Symmes Fire Department.

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Presentations

STACEY DIETRICH, COUNTY DEVELOPMENT -  Advised an application has been received from Kenra LLC for the property located at 10670 Loveland Madeira Road.  The application calls for the relocation of AMS Construction to this fifteen-acre site and the renovation of one building for office space for a total of six thousand eight hundred (6,800) square feet.  The total project cost of $1.75 Million, with $350,000 towards the renovation which is eligible for a CRA. They are currently located in Sycamore Township and have one hundred sixty (160) employees with plans to add an additional twenty-five (25) over the next three years.  This company installs underground utilities.

Ms. Dietrich stated that the Township CRA Committee reviewed this application on January 13 and has recommended approval of a tax abatement for fifty (50%) percent for ten (10) years and subject to the established conditions.

MR. BECKMAN stated there are currently no plans for signage so the condition would be that any future signage would incorporate "Symmes Township".

MR. BRYANT noted the water issue with the City of Loveland was discussed at the January 13 meeting and the applicant requested the Township for assistance in obtaining water.

MR. BECKMAN advised the City of Loveland gave them two options - sign an annexation petition or sign an agreement to annex.  These are the same options given Grand Sands in order to receive water service.  Mr. Beckman stated that AMS Construction is not seeking water service at this time.

MR. BRYANT stated the Township is willing to assist the applicant in obtaining water service.

MR. BECK questioned if this issue could go to litigation.

MR. BECKMAN stated that is correct.  Mr. Beckman advised the City of Loveland and Hamilton County are in contract discussions.  Hamilton County has informed Loveland they must agree not to use water service as an annexation tool.

The Board had no questions for the applicant.

MR. BECK moved to consider the following resolution:

RESOLUTION G2010-04
Resolution Approving Community Reinvestment Area
  Incentive Recommendations for Kenda, LLC
Project at 10670 Loveland Madeira Road

           WHEREAS, Symmes Township, Hamilton County, Ohio has encouraged the development of real property and the acquisition of personal property located in the area designated as the Symmes Township Community Reinvestment Area #1; and

           WHEREAS, the Symmes Township Board of Trustees, Hamilton County, Ohio by Resolution G-0903 passed on April 7, 2009, designated an area as the “Symmes Township Community Reinvestment Area #1” pursuant to Chapter 3735 of the Ohio Revised Code; and

           WHEREAS, effective May 22, 2009, the Interim Director of Development of the State of Ohio determined that the aforementioned area designated in said Resolution G-0903 contained the characteristics set forth in Section 3735.66 of the Ohio Revised Code and confirmed said area as a Community Reinvestment Area under said Chapter 3735; and

           WHEREAS, Kenda, LLC at 10670 Loveland Madeira Road, Symmes Township, Ohio is desirous of rehabilitating a 6,800 square feet existing structure for establishing tenant space for a construction company within the boundaries of the Symmes Township Community Reinvestment Area #1, provided that the appropriate development incentives area available to support the economic viability of said project; and

           WHEREAS, Symmes Township having the appropriate authority for the stated type of project is desirous of providing Kenda, LLC with incentives available for the development of the project in said Community Reinvestment Area #1 under Chapter 3735 of the Ohio Revised Code; and

           WHEREAS, Kenda, LLC has submitted a proposed agreement application to Symmes Township through Hamilton County Development Company and remitted a $1,500 application fee; and

       WHEREAS, the Hamilton County Development Company acting on behalf of Symmes Township has investigated the application of Kenda, LLC and has recommended a fifty percent (50%) exemption for ten (10) years on the assessed value of the improvements to the property at 10670 Loveland Madeira Road to the Board of Trustees of Symmes Township on the basis that Kenda, LLC is qualified by financial responsibility and business experience to create and preserve employment opportunities in said Community Reinvestment Area #1 and improve the economic climate of Symmes Township; and

       WHEREAS, the recommended exemption will not exceed fifty percent (50%) of the revenues the Sycamore Community School District would have received from the improvements, absent these incentives;

       NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees of Symmes Township, Hamilton County, Ohio:

       Section 1.         For the benefit and welfare of Symmes Township and its citizens, proposes entering into an agreement with Kenda, LLC for a fifty percent exemption for ten (10) years on the assessed value of the improvements to the property at 10670 Loveland Madeira Road.

       Section 2.         Hereby consents to said agreement subject to the following conditions:
                                  a.          That, approval of said agreement shall be withdrawn immediately if all or a portion of the subject property is annexed from Symmes Township into any other political subdivision;
                                  b.          That, at such time a permanent sign be constructed "Symmes Township" be prominently incorporated into the signage.  Proposed signage must be reviewed and approved by Township Staff before submitting signage plan for zoning certificate;
                                  c.          That, "Symmes Township, Ohio 45140" be used for all communications for this development.

       Section 3.         Hereby authorizes and directs the Township Administrator to execute said agreement on behalf of the Board of Trustees.

       Section 4.         That the Board of Trustees of Symmes Township upon majority vote does 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 5.         This Resolution shall take effect and be enforced from and after the earliest period allowed by law.

MR. BRYANT seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

CHIEF OTTO HUBER, SYMMES FIRE - Provided background information regarding the Camp Dennison Fire Flow Report which was presented to the Board at the January 5 meeting.  Chief Huber reminded the Board that the Township does not provide water service to residents.  Water is provided by different districts and in the Camp Dennison area it is the Indian Hill Water Works.  Camp Dennison is an historic community and one of the oldest developed area of the Township and therefore, has some of the oldest water mains.  This area was not developed with looped water mains. 

Chief Huber stated a report was prepared by Burgess & Niple regarding these issues.  The report provides recommendations regarding improvement of water flow and increased ability in providing continued service in case of a break. 

Chief Huber reminded the Board that Indian Hill Water Works was asked to fund this upgrade and they declined.  It does appear that there are funds available from the Hamilton County Community Block Grant for approximately $50,000.00 of the $126,000 estimated cost.  Indian Hill Water Works was then asked if they would be willing to share the expense and they have again advised they do not have capital funding available.

Chief Huber stated that the minimum water fire flow in Camp Dennison is adequate to provide fire suppression.  Improvements are necessary, but no one in this community is in peril. 

Chief Huber recommended that the Board continue to explore funding possibilities to upgrade this water system and to obtain a better cost estimate.

Chief Huber inquired if the Board had any questions regarding this report.

MR. BECKMAN advised that Indian Hill and Hamilton County are in negotiations over the water contract and suggested that the Township wait until this contract has been revised to resolve the issue of who is responsible to capital improvements.

MR. BRYANT stated he felt the Township should be involved with these contract talks in order to protect the residents.

MR. BECKMAN suggested that they meet with Hamilton County Public Works to make them aware of the Township's concerns.

The Board agreed this would be beneficial and directed the Township Administrator and Chief Huber to keep them apprised.

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Receipts

Receipts totaling $9,804.12 were read and accepted.

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Warrants

Mr. Beck moved that the Township pay its bills.  Mrs. Leis seconded the motion and all voted 'aye'. Proper certification having been made, warrants totaling $498,917.92 were issued.

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Reports

GERALD BECKMAN -  Reported on activities in the township since the last meeting:

1.  MEADE HOUSE - Reminded the Board that the lease agreement with the Cincinnati Horticultural Society provides for the reimbursement of utilities exceeding $300.00 per month.  Mr. Beckman stated he has chosen not to bill them for any difference as the Society has not moved into the house.  Mr. Beckman questioned how the Board wished him to proceed.

MRS. LEIS stated she felt the Township should not bill them in order to maintain a good relationship.

MR. BRYANT questioned when the Society plans to occupy the house.  Mr. Bryant stated he did not feel they should be paying for something they are not using; however, this might be an incentive for them to move. 

MR. BORCHERS stated he felt the Township should bill them as per the lease and see if payment is made. 

ROBERT MALLOY stated he agreed with Mr. Borchers that the Township needs to issue a bill since it is provided in the Lease Agreement.  However, the Board could waive the charge.

The Board directed the Township Administrator to proceed as per Mr. Malloy's suggestion and to inquire about the future plans of the Society at the Meade House.

2.  SYMMES HISTORICAL SOCIETY - A letter has been received regarding partnering with the Township at the Flower Show.  The proposal is for a "welcome" booth near the entrance in order to promote the Township, Society and local businesses.  The Society plans to sell advertisements, in order to raise funds, to the businesses for incorporation into a brochure.  Society members will man the booth during the show and Trustees could also assist. Mr. Beckman recommended that the Board allow the Society to place an insert in the upcoming newsletter to solicit these advertisements and that the Board share in the rental cost of the tent.

MR. BECK stated he felt this was a great idea.

MR. BRYANT stated he was also in favor; however, he would like to use this opportunity for the Township to also encourage our businesses to become more involved with the Flower Show with discounts, etc. 

JUDY HAVILL, SYMMES HISTORICAL SOCIETY - Stated the idea behind this welcome booth is to set up something like a hospitality area for people to stop and learn about the Township.  The Society would be willing to distribute any coupons or other literature from the Township businesses.  This would help to provide a "Symmes Township" presence at this event.

MRS. LEIS stated she felt it was important to improve the identify of Symmes Township.

The Board had no objection to this proposal.

LT. BUTLER -  Presented the monthly and year-end reports.

CHIEF HUBER -  Inquired if the Board had any questions regarding his meeting memo.

MR. BRYANT questioned what the Board could do to assist the Fire Department in resolving the abuse of the 911 system for the property located at 9701 Stonemasters.

CHIEF HUBER stated they have responded to this residence over thirty-six times for the purpose of lifting an elderly spouse to bed, from bed, etc.   The District Chief has spoken to her about trying to get care service/assistance.  Her response has been that she pays their salary and she will call whenever she wants.  

Chief Huber advised they will continue to respond; however, he wanted to make the Board aware of this situation.  These continued calls have the potential of interfering with coverage to other residents.  Chief Huber suggested the Township research the possibility of billing residents for abusing 911.

ROBERT MALLOY stated this is a serious situation and would like to further review the issues with Chief Huber in order to provide direction and legislation for the Board.

The Board had no objections.

OTHER -  MR. BORCHERS reported that the Finance & Audit Committee will meet on March 16 at 7:00 p.m.

Mr. Borchers provided information to the Board regarding a budget for the Rozzi park property development as requested at the last meeting.

Mr. Borchers advised he has completed negotiations with Turner Construction as the construction manager and a contract is ready for the Board's review and approval.  The contract was prepared by Bricker & Eckler, is a modified AIA form and is acceptable to Turner.  A resolution has been prepared should the Board decide to take action.  Mr. Borchers requested the Board take this into consideration at tonight's meeting.

MR. BECK moved to amend the agenda to include action on the contract with Turner Construction.  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 G2010-07
       Resolution Authorizing Contract Between
          Symmes Township and Turner Construction Company

               WHEREAS, Chapter 153 of the Ohio Revised Code establishes the qualifications-based, competitive selection procedures and policies for the procurement of professional design services by a “public authority” defined in §153.65(A) to include a township such as Symmes Township;
              
               WHEREAS, "Professional design services" means “services within the scope of practice of an architect or landscape architect registered under Chapter 4703. of the Revised Code or a professional engineer or surveyor registered under Chapter 4733 of the Revised Code” which includes Turner Construction Company;
              
               WHEREAS, pursuant to R.C. §153.71, the statutory provisions governing selection procedures and policies for the procurement of professional design services apply to any project with an estimated professional design fee in excess of $25,000;
              
               WHEREAS, the Board of Trustees in accordance with the statutory procedures has selected Turner Construction Company to provide construction management services in connection with the construction of a new park located on Lebanon Road near the existing Symmes Park;
              
               WHEREAS, the Board of Township Trustees of Symmes Township believes that it is in the best interests of Symmes Township to enter into the Contract with Turner Construction Company;

                NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio:
               
                Section 1.         Hereby determines that it is necessary and a proper public purpose and in the best interest of the Township to enter into the contract with Turner Construction Company attached hereto as Exhibit "A".

                Section 2.         The Township Administrator is directed to take all steps necessary to effect the actions contemplated by this Resolution.

                Section 3.         The Township Fiscal Officer is requested to certify that the amount required to meet the financial obligation or expenditure set forth herein, has been lawfully appropriated for the purpose, and is in the treasury or in the process of collection to the credit of the appropriate fund, free from any outstanding obligation or encumbrance.

                Section 4.         It is found and determined that all formal actions of this Board of Trustees concerning and relating to the passage of this Resolution were taken in an open meeting of this Board of Trustees and that all deliberations of this Board of Trustees and of any of its committees that resulted in those formal actions were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Revised Code.

                Section 5.         This Resolution shall take effect and be in force from and after the earliest period allowed by law.

MRS LEIS seconded the motion.

MR. BECK noted that Turner Construction was ranked #1 from the eight RFQs which were received.

The roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

MR. BECK moved to authorize the Township Administrator to enter into a contract with Turner Construction as construction manager for the Rozzi park property development project and to approve an expenditure in an amount not to exceed $239,553.00 for said services.  Mrs. Leis seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

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Hearing from Residents

JEFF ILES, CAMP DENNISON CIVIC LEAGUE - Advised that residents have expressed concern about certain suspicious activity and questioned who they should contact.

LT. BUTLER advised residents should call 677-7000 and a police cruiser would be dispatched.  This will also provide for this call to be recorded in a log and Township officers would be able to notice repeated activity.

MR. ILES also stated there were concerns regarding cars being parked in driveways/yards without license plates.

MR. BECKMAN advised residents should call the Township in order to determine if there is a violation.

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Correspondence

HAMILTON CTY - e-mails with sample resolution for energy initiative and regarding water contracts.

SHERIFF'S DEPT - Media release regarding recent bank robbery.

WOOD & LAMPING - e-mail regarding Rozzi park property.

cc:SYMMES FIRE to HAMILTON COUNTY - e-mail regarding Camp Dennison water improvements.

COMMUNITY PRESS - e-mail request for levy information.

TILSLEY ARCHITECTS - e-mail regarding proposal for privacy fencing at Krogers.

CLARK THEDERS INS - e-mail regarding renewal application form.

WORKERS COMP - Letter regarding premium rates for 2010 payroll.

JACK LUERS - e-mail regarding accidents on Kemper Road.

SHERIFF'S DEPT - December report.

COUNTY ENGINEER - Notice of February 10 meeting regarding Loveland Madeira improvement project.

PROPOSALS for Electric and Natural Gas Services from:
a.  Buckeye Energy Brokers

PROPOSALS for Electric Services from:
a.  Independent Energy Consultants
b.  Co-expreise Inc.
c.  Eagle Energy

PROPOSALS for Natural Gas Services from:
a.  Independent Energy Consultants
b.  Energy Alliances

SYMMES FIRE - e-mail regarding recent article on Opticom GPS system.

cc:WORKERS COMP to ERWIN WALKER - Letter regarding settlement of claim.

cc:WOOD & LAMPING to GRAYDON HEAD - Letter regarding issues before final transition of Rozzi property.

PAYNE FIRM - Proposal for soil samples due to detonation event on Rozzi property.

SYMMES FIRE - e-mail regarding issue at 9701 Stonemasters Drive.

cc:WOOD & LAMPING to ROZZI COMPANY - Confirmation that Rozzi can continue its State fireworks license at 11605 Lebanon Road until June 30, 2010.

SYMMES FIRE - Letter regarding re-appointment of Dave Kapor to Fire Board of Directors.

cc:OPERS to HAROLD SUDDARTH - Letter regarding retirement application.

RAINBOW - Proposal for removal of asbestos materials from Rozzi property.

COUNTY ENGINEER - Certification of Township mileage - 40.235 miles.

COUNTY AUDITOR - Amended Certificate of Estimated Resources.

OHIO PUBLIC WORKS - Payment confirmation to Freeze - $9,694.50.

MCGILL SMITH - Proposal plan for Rozzi park development with associated costs.

M/M MITCHELL - e-mail regarding additional compensation for Humphrey Road sidewalk project.

WOOD & LAMPING - e-mail regarding requested participation in Hamilton County Climate Initiative.

RICHARD LAWSON - e-mail expressing safety concerns regarding Loveland Madeira in the Remington area.

ALEX RAWLINGS - e-mail regarding review of park master plan.

COUNTY DEV OFFICE - e-mail regarding contact information for new tenant for Circuit City building - Merridian Furniture.

OHIO DEVELOPMENT - Letter regarding 2009 annual TIF report.

JAMI EVERSOLE - e-mail regarding field usage for soccer.

SHERIFF'S DEPT - December activity report.

KEVIN McMURRAY - e-mail regarding wells on Rozzi park property.

WOOD & LAMPING - Copy of settlement statement on Rozzi park property.

DUKE ENERGY - Facilities agreement for 11707 N. Lebanon Road.

KEVIN McMURRAY - e-mail estimate for removal of material from detonation pit.

BILL PITMAN - e-mail with Township costs associated with detonation pit.

SYMMES FIRE - e-mail regarding 10% match for recent fire grant.

OHIO DEPARTMENT OF LIQUOR CONTROL - Notice of new liquor license for Asian Paradise, LLC, dba Asian Paradise, 9521 Fields Ertel Road (45140)

KEEP CINTI BEAUTIFUL - Letter regarding subsidy for cost of scrap tire collection.

CARPET DEPOT - Proposal for replacement carpet.

SYMMES FIRE - Capital Improvement summary.

CRA COMMITTEE - Letter regarding proposal for 10670 Loveland Madeira Road.

FIFTH THIRD - e-mail regarding HSA system.

OTA - e-mail regarding annual CLOUT meeting scheduled for February 18.

SYMMES HISTORICAL SOCIETY - Letter regarding participation in April Flower Show.

ROBERT GOERING, HAMILTON COUNTY TREASURER - Notice of Collection of Inheritance Taxes ($26,944.00).  

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Old Business

MR. BECK reminded the Board of a work session held in December at which time there were a number of good topics.  Mr. Beck stated he wanted to review this concept with the new Board.  Mr. Beck questioned if this was something the Board wished to scheduled for the future.

MRS. LEIS stated it appears the Board will need to have a special meeting in February to deal with aggregation and suggested the Board wait until after this time before scheduling a work session.

The Board agreed to hold a work session within the next couple weeks.

MR. BECK advised that RFQ responses have been received from various aggregators and noted that the Township Administrator has provided the Board with a recap of these responses.

MR. BECKMAN advised the next step would be to select aggregators for a presentation before the Board.  Mr. Beckman stated this could be scheduled with the consultants within a couple weeks.

MR. BECK moved to hold a special meeting on February 16 at 7:00 p.m. for the purpose of discussing aggregation with consultants and for the purpose of holding a work session to discuss Township goals.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

MR. BECKMAN reminded the Board that a letter was sent to various aggregators with five questions.  A recap of these responses have been provided to the Board.  There are two firms which appear to best meet the needs of Symmes Township.  Mr. Beckman advised he is personally working with one of these firms and therefore, will not participate in the discussion or make a recommendation.

MR. BRYANT stated the issue before the Board is setting up the Township as an aggregator.  It appears the first step is to determine if the Township wishes to use a consultant or go through the PUCO process alone.  Mr. Bryant noted that all responses were from aggregators and not suppliers. 

MR. BECK stated the Board needs to provide a ranking of these RFQs.

MR. BRYANT stated he has narrowed the list down to two electrical and two gas aggregators, consisting of three different companies.

MRS. LEIS questioned if the Township is looking at electric at this time since Duke has indicated they are working at becoming an aggregator.

MR. BECKMAN stated it does appear the Duke is planning on entering this market.

MR. BRYANT suggested that each Board member indicate their individual ranking for comparison purposes.

The Board indicated the following preferences for a gas aggregator:

  Ken Phil Jodie
Independent Energy Con.
X
X
Energy Alliance (Integrys)
X
X
X
Buckeye Energy Broker
X

 

                              The Board indicated the following ranking for an electric consultant:

  Ken Phil Jodie
Independent Energy Con.
X
X
Energy Alliance (Integrys)
X
Buckeye Energy
X
Eagle Energy
X

                              
(Mr. Beck noted that he would consider Eagle should Integrys not be able to provide electric.)

MR. BECK questioned if the Board would like to hear presentations from these consultants.

The Board agreed they would like to hear additional information from Independent Energy, Eagle Energy and Energy Alliance.

MR. BECK moved to direct the Township Administrator to invite representatives from Energy Alliance, Independent Energy Consultants and Eagle Energy LLC to provide a presentation at the February 16 meeting.  Said presentation, with time allotment of twenty (20) minutes for presentation and ten (10) minutes for Q&A, should have emphasis on price, lessons learned and benefit to residents.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

 

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New Business

   MR. BECK moved to adopt the following resolution:

RESOLUTION G2010-05
Resolution of Participation in the Hamilton
    County Ohio Energy Efficiency & Conservation Block
       Grant Formula Grant

                WHEREAS, in June 2008, the Hamilton County Board of County Commissioners commenced the Hamilton County Climate Initiative (“HCCI”) for the purpose of creating a county-wide action plan for reducing the impact of local governments and communities on global climate change;

               WHEREAS, to enable the County and local jurisdictions to take action in this endeavor Hamilton County applied for and was granted an Energy Efficiency and Conservation Block Grant (“Hamilton County EECBG Formula Grant”);

               WHEREAS, the purpose of the Hamilton County EECBG Formula Grant program is to serve as a deployment mechanism for energy efficiency, conservation, and renewable energy technologies and to assist local communities to create and implement strategies to reduce fossil fuel emissions in a manner that is environmentally sustainable and, to the maximum extent practicable, maximize benefits for local and regional communities, reduce the total energy use of eligible entities, improve energy efficiency in the building sector, the transportation sector, waste management and other appropriate sectors, create and retain jobs, and stimulate the economy,

               WHEREAS, local governments influence communities’ emissions by exercising key powers over land use, transportation, construction, waste management, and energy management;

               WHEREAS, local government actions taken to increase energy efficiency will provide multiple local benefits by decreasing air pollution, creating jobs, reducing energy expenditures, and saving money for the local government, its businesses and its residents;

               WHEREAS, Hamilton County’s EECBG Formula Grant  program offers local jurisdictions the following programs: a public building energy efficient retrofit program that includes performance contracting, a residential and commercial energy audit/retrofit program available to their residents and businesses, a hybrid vehicle incentive program, a program to examine building and zoning codes to enhance such for energy efficiency opportunities, a program to review the possibility for utilizing a property tax-based assessment, and/or on-bill financing to assist property owners in paying for energy efficiency upgrades, and

               WHEREAS, the HCCI sponsored by the Board of County Commissioners of Hamilton County has invited Symmes Township to become a participant in the Hamilton County EECBG Formula Grant program.

               NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio as follows:

               Section 1.         Symmes Township, Hamilton County, Ohio agrees in principle, to participate in the Hamilton County EECBG Formula Grant program, and as a participant, pledges to implement the appropriate grant initiatives, as determined by the Board of Township Trustees in its sole discretion, as best serving Symmes Township by maximizing energy efficiency, decreasing air pollution, saving taxpayer dollars, creating jobs and saving money for local businesses and residents.

               Section 2.         Notwithstanding anything to the contrary contained in this Resolution, the Board of Trustees of Symmes Township hereby expressly reserves, and does not relinquish or agree to a diminution of, any rights, powers, and duties afforded to Symmes Township, its trustees, officers, departments, employees and agencies by the Ohio Revised Code (including Chapter 504) in general and with respect to zoning, land use, building regulations, transportation, construction, waste management, and energy management in particular.

                Section 3.         The Board of Trustees of Symmes Township reserves the right, to determine in its sole discretion, on a case-by-case basis, whether and to what extent the limited physical and financial resources of the Township should be committed to each of the Hamilton County EECBG Formula Grant initiatives.

                Section 4.         The Township Administrator is directed to take all steps necessary to effect the actions contemplated by this Resolution.

                Section 5.         It is found and determined that all formal actions of this Board of Trustees concerning and relating to the passage of this Resolution were taken in an open meeting of this Board of Trustees and that all deliberations of this Board of Trustees and of any of its committees that resulted in those formal actions were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Revised Code.

                Section 6.         This Resolution shall take effect and be in force from and after the earliest period allowed by law.

MRS. LEIS seconded the motion.

MR. BECKMAN reminded the Board that this issue was reviewed by the Township Law Director and the resolution gives the Township total control.

MR. BRYANT stated the Township is agreeing to participate in a grant program which would allow residents to sign up and questioned how the Township will administer this program.

MR. MALLOY stated he felt it was important that the Township did not relinquish any rights of control under areas of the Home Rule or zoning.  Mr. Malloy further stated he was not prepared to present the details of this program.  This resolution indicates that the Township is willing to participate.

MR. BECKMAN stated the original county resolution provided for the Township to agree to whatever Hamilton County decided.  This revised resolution allows the Township to make the decision whether to participate or not.  Other communities have also re-written the county resolution.

MR. BECK stated this resolution allows for the Township to support this program and then to choose participation on a case by case basis.

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 G2010-06
       Resolution Amending Agreement for Management Consultant
      Services to Seek Compliance with Ohio’s Occupational
       Safety and Health Provisions and
       Dispensing With the Second Reading

               WHEREAS, Chapter 4167 of the Ohio Revised code and the Rules and Regulations adopted pursuant thereto mandate compliance by public employers, with Ohio’s occupational safety and health provisions; and

               WHEREAS, Bruce A. Raabe, hereinafter “consultant”, is experienced, competent and knowledgeable regarding the standards and training required of Township employees to comply with the regulations of the Occupational Safety and Health Workers Compensation and Environmental Laws and Regulations including Chapter 4167 of the Ohio Revised Code; and

               WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, OH, entered into an agreement with Bruce A. Raabe to serve as a consultant to provide recommendations and develop policies, procedures, programs and specifications for implementation and training to facilitate compliance with current Safety and Health Laws and Regulations, Workers Compensation and Environmental Matters; and

               WHEREAS, the original agreement provided by the consultant provided for a nominal yearly increase ranging from $800.00 per month in 2008 to $900.00 per month for 2012; and

               WHEREAS, the agreement, as revised by the Township, only provided that said services shall be invoiced at a rate of $800.00 per month; and

               NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of Symmes Township, Hamilton County, Ohio, that:

               Section 1.         The agreement with Bruce A. Raabe shall be amended to include the original charge reflecting a nominal yearly increase.

               Section 2.         The Township Administrator and the Township Fiscal Officer are hereby authorized and directed to enter into this revised agreement in accordance with terms substantially set forth in Exhibit A.  Exhibit A provides that the Consultant, Bruce A. Raabe shall serve as Consultant to Symmes Township on the terms and conditions contained therein. 

               Section 2.         The Fiscal Officer of the Township is hereby authorized and directed to make payments to Consultant in accordance with the terms and conditions set forth on Exhibit A.

               Section 3.         The Board of Trustees of Symmes Township upon majority vote does hereby dispense with the requirement that this Resolution be read on two separate days, and hereby authorizes the adoption of this Resolution upon its first reading.

               Section 4.         This Resolution shall take effect and be enforced from and after the earliest period allowed by law.

MRS. LEIS seconded the motion.

MR. BECKMAN advised this resolution renews the contract for the Township's OSHA training and provides for payment.

The roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

MR. BRYANT moved to table discussion of the vacancy on Community Reinvestment Area Review Committee in order to review the issue with current CRA members.  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 establish a bid opening date of March 25, 2010 at 3:00 p.m. for the 2010 Resurfacing Program.  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 re-appoint David Kapor, 9923 Mistymorn (45242) as a Township representative to the Loveland Symmes Fire Board effective April 1, 2009 for a three year term.  Mr. Bryant seconded the motion.

CHIEF HUBER advised that Mr. Kapor does a very good job in representing the Township on this Board and recommended his re-appointment.

The roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

MR. BECK advised of a conflict with the April meeting and questioned if the Board would be willing to change this meeting date.

The Board had no objection.

MR. BECK moved to schedule the regular April meeting for April 13, 2010 at 7:00 p.m.  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 establish:
                a.          Temporary Appropriation 11-C-4 (Road Levy - Sidewalks) in the amount of $50,054.05;
                b.          Temporary Appropriation 1-F-8 (General -Parks - Other) in the amount of $8,740.94;
                c.          Temporary Appropriation 12-A-04B (Rozzi Levy - Improvements) in the amount of $21,000.00.

MR. BECK moved to approve Change Order #3 for Humphrey Road Sidewalk Project in the amount of $1,404.00.  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 (Then & Now) in the amount of $300.00 for 2009 services for health and safety consultant.  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 approve:
                a.          Additional expenditure (Then & Now) in the amount of $21,000.00 for burn pit clean-up on Rozzi park property
                b.          Expenditure in an amount not to exceed $2,500.00 for purchase of replacement hose for crack sealer
               c.          Expenditure in the amount of $3,245.65 for the purchase of additional chairs and carts for Safety Center
               d.          Expenditure in the amount of $8,356.01 for the purchase of office furniture for Administration Building
               e.          Expenditure in an amount not to exceed $6,100.00 for purchase and installation of carpeting at Administration Building
               f.          Expenditure in an amount not to exceed $8,000.00 for publication and distribution of Spring newsletter
               g.          Expenditure (Then & Now) in the amount of $1,307.17 for the purchase of calcium chloride
               h.          Expenditure in the amount of $3,345.00 for the purchase of Mutt Mitts
               i.          Expenditure in the amount of $7435.23 for the purchase of turn-out gear for the fire department
               j.          Expenditure (Then & Now) in the amount of $810.05 for the purchase of rubber cutting edges for plows
               k.          Expenditure in the amount of $1,800.00 for the purchase of replacement tires for unit M60
               l.          Expenditure (Then & Now) in the amount of $2,059.00 for the installation of street lights at the Safety Center
               m.          Expenditure in an amount not to exceed $5,000.00 for the purchase of crack sealing material
               n.          Expenditure in an amount not to exceed $10,000.00 for trash containers for Clean-Up Days
               o.          Expenditure in an amount not to exceed $4,000.00 for trash containers for debris removal
               p.          Expenditure in an amount not to exceed $900.00 for purchase of material to repair fence at dumpster area in Symmes Park
               q.          Expenditure in the amount of $2,415.00 for spraying of pine trees located on Township properties
               r.          Expenditure in the amount of $2,698.95 for purchase of lowering device and set-up for cemetery use

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 the 2009 Township Annual Mileage Certification reflecting total Township miles of 40.235.  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:
               a.          Ed Dawes and Bobby Jackson to attend "Work Zone Traffic Control & Safety" session in Lebanon, OH on March 2, 2010
               b.          David Heider to attend "Vegetation Management Conference" in Columbus, Ohio on March 30, 2010
               c.          Bill Pitman and Willie Burns to attend "Construction Inspection" session in Lebanon, OH on April 6, 2010
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 Trustees, Fiscal Officer, Assistant Fiscal Officer and Office Assistant to attend Local Government seminar on April 7 - 8, 2010 in Columbus, Ohio.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

The Board had no objection to the new liquor license for Asian Paradise, LLC, dba Asian Paradise, 9521 Fields Ertel Road (45140).

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Executive Session

MR. BECK moved that the Board enter Executive Session to discuss the appointment of a public employee, to discuss the employment of a public employee and to discuss the promotion of a public employee.  Mr. Bryant seconded the motion and the roll call vote was as follows:  Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

The meeting adjourned for Executive Session at 10:05 p.m.

The meeting reconvened from Executive Session at 10:35 p.m.

No further action was taken and the meeting adjourned at 10:35 p.m.
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