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). |