The meeting was called to order at 7:05 p.m.  Members of the Board present were:  Mr. Kenneth Bryant, Mrs. Kathryn Wagner (arrived at 7:08 p.m.) and Mr. Eric Minamyer.

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

MR. MINAMYER moved to appoint Carol Sims as Acting Fiscal Officer.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'absent'; Mr. Bryant - 'aye'.

Representatives from Integrys Energy Services Inc. and Energy Alliances, Inc. provided information regarding governmental aggregation services. The Board thanked them for the presentation and information.  

The Board agreed to place on the June meeting agenda a discussion on governmental aggregation and to make a decision whether to proceed with this service and which method.  The Board also agreed to make a decision at the July meeting as to the provider for these services.

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

1.  TOWNSHIP MAP - Presented information regarding the publication of a new Township map.  Mr. Minamyer suggested that Staff also contact Target Media.

2.  EASEMENTS - Advised the Board there are three resolutions on the agenda dealing with required easements for the Montgomery Road Project.  Mr. Beckman stated the Board will need to decide whether these payments should be donate to Hamilton County or paid to the Township.

3.  ADMINISTRATOR'S LUNCHEON - Advised the Board that the Township Law Director has provided a resolution which authorizes this expenditure.

4.  MEADE HOUSE - Reported that an application has been submitted to the Ohio Preservation Society for placement on the Registry.

5.  FINANCE & AUDIT COMMITTEE - Noted that three applications have been received and questioned if the Board would like to hold interviews at the June meeting.  The Board had no objection.

6.  SAFETY CENTER - Reported there are problems with the compressors at the Safety Center.  The project consultant and the Law Director have been made aware of these concerns.

ROBERT MALLOY - Provided information on Resolution G-0719 which will insure that fire damaged property is repaired/maintained by the property owner.  This will provide protection for the neighborhood.  Mr. Malloy recommended that the Board adopt this resolution.

LT. REID -  Presented the February and March activity reports.

CHIEF HUBER -  Reported on the Blazing Trail Program in which firefighters encourage school children to read books.

Chief Huber also reported on a recent fire incident in the Paulmeadows Subdivision and praised the quick actions of a nine year old boy.  The Board agreed that it wished to recognize him at the June meeting.

OTHER -  MR. MINAMYER advised that a Public Hearing has been scheduled for May 2 on the proposed Master Plan.  The meeting will be held at the Safety Center starting at 7:00 p.m.  A meeting of the Ad Hoc Master Plan Steering Committee will be held on May 23 at the Township Administration Building at 6:30 p.m.

Mr. Minamyer noted that a survey will be included in the newsletter, as well as on the website, and encouraged residents to complete this form.

GAIL TRICKEY, CAMP DENNISON CIVIC LEAGUE - Presented the Board with the proposal for entrance signage in the Camp Dennison area.  The Board agreed this is a worthwhile project and directed the Township Administrator to work on the details.

STATE OF OHIO - Remittance of liquor fees.

MIKE BURNS, IEC - e-mail follow-up to presentation at meeting regarding governmental aggregation program..

STEVE ZERHUSEN - e-mail follow-up to discussion at meeting regarding Montgomery Road project.

THELEN ASSOC. - Proposal for testing of 2007 Resurfacing Project.           

STEVE ZERHUSEN - e-mail comments regarding proposed letter to ODOT regarding Montgomery Road project.

MCBRIDE DALE CLARION - e-mail regarding Master Plan survey.

GENERAL HEALTH DISTRICT - January tipping fee - $21.88.

COUNTY AUDITOR - Certificate of Total Appropriations and Amended Certificate of Available Resources.

BUILDING DEPT - Certificate of Completion for demolition at 10537 Mulberry.

CITY OF MONTGOMERY - Response to 2006 Audit.

RUMPKE - 1st Quarter Recycling report.

cc:WILLIAM CARROLL to JOHN BECK - e-mail regarding drainage problem at 9156 Cummings Farm.

ENVIRONMENTAL SERVICES - Request for completion of 2006 yardwaste report.

BOARD OF ELECTIONS - Copy of legal advertising for proposed tax levy in Symmes Township.

COMMUNITY PRESS - Notification that a $10.00 fee will be charge for each legal affidavit.

ODOT - Response to letter regarding proposed changes to Montgomery Road Project.

COUNTY AUDITOR - Notice of Public Hearing on 2008 Budget for General Health District - May 8.

HCRPC - Notice of Zone Amendment and request for review - Symmes #2007-01, Symmes Green CUP.

STATE OF OHIO, BUREAU OF MOTOR VEHICLES -  March license tax statistics report.

HAMILTON COUNTY - March permissive tax computation report ($1,955.91).

OSTERWISCH CO - Proposal for repair to compressor at Safety Center.

ERIC MINAMYER - e-mail regarding proposed resolution.

SYMMES HISTORICAL SOCIETY - Letter regarding using the Meade House.

ICS - Proposals for Safety Center.

LAURIE ARSHONSKY - e-mail regarding decision on memorial trees in parks.

LESTER HORWITZ, 9410 FARMCOURT (45140) - Letter of appreciation for removal of tree.

GENERAL HEALTH DISTRICT - Tipping fee report for February 2007.

FACILITY MANAGEMENT - Proposal for shelters at Hopewell Park.

SKEETS CONSTRUCTION - Proposal for Stonebridge Park.

WOOD & LAMPING - Copy of 2004 proposed lease with Symmes Historical Society for placement of cabin at Stonebridge Park.

HENRY HARRIS, 11316 DONWIDDLE - e-mail regarding opening on Finance & Audit Committee.

cc:NICK KURZYNSKI to OHIO HISTORIC PRESERVATION OFFICE - Letter regarding Meade House.

MR. MINAMYER moved to approve an expenditure (Then & Now) in the amount of $9,500.00 for Township's share of Fields Ertel Road Corridor Study.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to adopt the following resolution:

RESOLUTION G-0718
  Authorizing an Expenditure not to Exceed
      $400.00 to Support a Working Luncheon
               of the Southwest Township Administrators

                   WHEREAS, the Symmes Township Board of Trustees recognizes the significant public benefits received by the exchange of information and the identification and resolution of issues resulting from meetings of the Southwest Township Administrators; and

                   WHEREAS, providing for and supporting a working luncheon meeting of the Southwest Township Administrators directly enhances the experience, training and ability of the Symmes Township Administrator to provide a variety of public services for the citizens and businesses within Symmes Township; and

                   WHEREAS, this exchange of experiences and problem solving techniques by the Southwest Township Administrators provides a unique and valuable opportunity to promote the efficient and effective services by the Symmes Township Administrator to the community and to other public officials of the Township.

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

                   Section 1.     The Fiscal Officer is hereby authorized to expend an amount not to exceed Four Hundred Dollars ($400.00) in support of luncheon expenses for the working meeting of the Southwest Township Administrators.  The Board of Trustees has determined that such a working meeting provides a direct benefit to the Township, its citizens, the Township Administrator and other public officials of the Township by permitting and promoting the free exchange of information leading to enhance the public services and resolution of Township issues.
 
                   Section 2.     The Board of Trustees, 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.

Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

MR. MINAMYER moved to adopt the following resolution:

RESOLUTION G-0719
Authorizing the Procedure Described in
   Divisions (C) and (D) of Section 3929.86
      of the Ohio Revised Code for Receiving the
            Cost of Removing, Repairing or Securing the
       Building or other Structure Damaged by Fire
from Insurance Companies in Certain Circumstances.

                   WHEREAS, Section 3929.86 of the Ohio Revised Code permits a Township to adopt a Resolution that authorizes insurance companies under certain circumstances to pay to the Township a portion of insurance proceeds to insure that a fire damaged building or structure is removed, repaired, or secured; and

                   WHEREAS, such payments may help protect the health, safety and welfare of the Community and also help prevent arson and blight

                   NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio, hereby authorizes and approve the following:

                   Section 1.     This Resolution is adopted in accordance with Section 3929.86(C) which authorizes the procedure described in Divisions (C) and (D) of Section 3929.86 from and after the time from which a certified copy of this Resolution has been filed with the Ohio Superintendent of Insurance and shall apply only to fire losses that occur after the filing of the certified copy.

                   Section 2.     The Township Fiscal Officer is hereby designated as the Officer who shall cause the placement of the proceeds from insurance companies received in accordance with Section 3929.86, which is attached as Exhibit A.  The proceeds received shall be placed in a separate fund.  The separate funds shall be used solely as security against the total cost of removing, repairing, or securing of the structure or building by the Township pursuant to Section 505.86 of the Revised Code.  Funds received from an insurance company in accordance with Division (C) of Section 3929.86 will be accompanied by the name and address of the named insured or insureds, whereupon the Township shall contact the named insured or insureds and certify that the proceeds have been received by the Township and notify them that the following procedures will be followed: 

                             The fund shall be returned to the named insured or insureds when repairs, removal or securing of the building or other structures have been completed and required proof has been received by the designated officer (the Fiscal Officer), if the Township has not incurred any costs for the repairs, removal or securing. The fund shall be returned to the named insured or insureds no later than 60 days after the Fiscal Officer receives the required proof.  If the Township has incurred any costs for the repairs, removals or securing of the building or other structure, the costs shall be paid from the fund, and if excess funds remain, the Township shall transfer, no later than 60 days after all such costs have been paid, the remaining funds to the named insured or insureds.  Nothing in this Section shall be construed to limit the ability of the Township to recover any deficiency under Section 505.86 of the Revised Code.

                             Nothing in Section 3929.86 shall be construed to prohibit the Township and the named insured or insureds from entering into an agreement that permits the transfer of funds to the named insured or insureds if some other reasonable disposition of the damaged property has been negotiated.

                   Section 3.     Division (C) of Section 3929.86 provides that when the loss agreed to between the named insured or insureds and the insurance company or companies equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company or companies in accordance with Division (D) of Section 505.86 of the
                             Revised Code, shall transfer from the insurance proceeds to the designated officer of the Township (the Fiscal Officer) in the aggregate $2,000.00 for each $15,000.00, and each fraction of that amount, of a claim, or, if, at the time of a proof of loss agreed to between the named insured or insureds and the insurance company or companies, the named insured or insureds have submitted a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure, shall transfer from the insurance proceeds the amount specified in the estimate. 

                             The transfer of proceeds shall be on a pro-rata basis by all companies insuring the building or other structure. Policy proceeds remaining after the transfer to the Township shall be disbursed in accordance with the policy terms.

                             The named insured or insureds may submit a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure after the transfer, and the designated officer of the Township shall return the amount of the fund in excess of the estimate to the named insured or insureds  provided that the Township has not commenced to remove, repair or secure the building or other structure.

                   Section 4.     Section 3929.86 of the Ohio Revised Code provides that proof of payment by the insurance company or companies of proceeds under a policy in accordance with Division (C) of Section 3929.86 shall be conclusive evidence of the discharge of its obligation to the insured under the policy to the extend of the payment and of compliance by the company or companies with Division (C) of Section 3929.86. 
                             Nothing in Section 3929.86 shall be construed to make an insurance company liable for any amount in excess of proceeds payable under its insurance policy or for any other act performed pursuant to Section 3929.86 or to make a Township or public official an insured under a policy of insurance, or to create an obligation to pay delinquent property taxes or unpaid removal liens or expenses other than as provided in this Section.

                             Section 3929.86 further provides that an insurance company making payment of policy proceeds under this section for delinquent taxes or structure removal liens or removal expenses incurred by the Township shall have the full benefit of such payment including all rights of subrogation and of assignment.

                   Section 5.     The Board of Trustees, upon majority vote, does hereby dispense with the requirement of this Resolution be read on two separate days and hereby authorizes the adoption of this Resolution upon its first reading.

Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to adopt the following resolution:

RESOLUTION G-0720
       Resolution Authorizing and Directing the Conveyance
of Certain Real Estate Described as Parcel No. 103-S
  to the State of Ohio for the use and Benefit
              Of the Department of Transportation

                   WHEREAS, the Board of Trustees of Symmes Township owns certain property adjacent to Montgomery Road; and

                   WHEREAS, parcel No. 103-S is part of Hamilton County parcel 620-0204-0040, and   

                   WHEREAS, a portion of this parcel parcels which easement and legal description is attached as Exhibit A is needed to be acquired by the State of Ohio in order to complete the Montgomery Road Improvement Project; and

                   WHEREAS, this portion of Hamilton County parcel 620-0204-0040 is not needed by the Township to carry out the public purpose; and
                  
                   WHEREAS, the residue of this parcel is sufficient to achieve the public purpose sought by the Township, which is a public park for the residents of Symmes Township.

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

                   Section 1.     The Symmes Township Board of Trustees hereby authorizes the conveyance of a Permanent Storm Sewer Easement for the purpose of draining of water for theparcel identified as 103-S which is fully described on Exhibit “A” attached hereto.  In consideration of payment of $2,047.00 which amount is to be credited to the Hamilton County Right of Way Pledge made by Symmes Township for the Montgomery Road Improvement.

                   Section 2.     That the Board of Trustees, 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.

Mrs. Wagner seconded the motion.

Mr. Minamyer noted that the Township Administrator has questioned if the Board wishes the State to remit the money to the Township or consider it as a donation of right-of-way.  This would be true of the other two resolutions on the agenda.

MR. BRYANT stated that Parcel #103-2 is in Seven Gables Park.  The total area is 1,820 square feet and it is a permament storm easement.  The State has offered $2,047.00 which seems low and questioned how this amount was determined.

MR. MINAMYER questioned if any negotiations took place on these parcels.

MR. BECKMAN indicated there had been no negotiations.  Mr. Beckman noted the State is not taking the property.

MR. BRYANT stated the offers to other property owners has been $2.00 to $3.00.  Mr. Bryant further stated he felt this was a permament taking as the Township cannot build on this area.

MR. BECKMAN advised the State has offered $2.25 per square foot and the amount is at 50% as this is not a permament taking.  This area is located by the roadway.

MR. MINAMYER stated he understood the State would be taking down the existing fence and then replace it after the retaining wall is constructed.  Mr. Minamyer stated he feels the Township needs to be sure that this new fence meets the Board's approval.

MR. BRYANT stated his concerns have been answered by the Township Administrator and that the amount seems to be in line with other offers.  Mr. Bryant further stated that he was in agreement with Parcels #134-T and #167-T.  Mr. Bryant questioned how the Township will decide to take the money.

MR. MINAMYER advised the resolutions are written that the money will be considers as a donation to the State.

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

Mr. Minamyer moved to adopt the following resolution:

RESOLUTION G-0721
       Resolution Authorizing and Directing the Conveyance
of Certain Real Estate Described as Parcel No. 134-T
  to the State of Ohio for the use and Benefit
              Of the Department of Transportation

                   WHEREAS, the Board of Trustees of Symmes Township owns certain property adjacent to Union Cemetery Road; and

                   WHEREAS, parcel No. 134-T is part of Hamilton County parcel 620-0190-0080, and   

                   WHEREAS, a portion of this parcel which easement and legal description is attached as Exhibit A is temporarily needed to be acquired by the State of Ohio in order to complete the Montgomery Road Improvement Project; and

                   WHEREAS, this portion of Hamilton County parcel 620-0190-0080 is not needed by the Township to carry out a public purpose; and
                  
                   WHEREAS, the residue of this parcel is sufficient to achieve the desired public purpose sought by the Township, which is a public green space.

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

                   Section 1.     The Symmes Township Board of Trustees hereby authorizes the conveyance of a Temporary Easement for the purpose of performing the work necessary for driveway reconstruction and grading  for the parcel identified as 134-T which is fully described on Exhibit “A” attached hereto. In consideration of payment of $300.00 which amount is to be credited to the Hamilton County Right of Way Pledge made by Symmes Township for the Montgomery Road Improvement.

                   Section 2.     That the Board of Trustees, 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.

Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to adopt the following resolution:
RESOLUTION G-0722
       Resolution Authorizing and Directing the Conveyance
of Certain Real Estate Described as Parcel No. 167-T
  to the State of Ohio for the use and Benefit
              Of the Department of Transportation

                   WHEREAS, the Board of Trustees of Symmes Township owns certain property adjacent to Montgomery Road; and

                   WHEREAS, parcel No. 167-T is a part of Hamilton County parcels 620-0204-0029, 620-0204-0028, and 620-0204-0027, and   

                   WHEREAS, a portion of these parcels which easement and legal description is attached as Exhibit A is temporarily needed to be acquired by the State of Ohio in order to complete the Montgomery Road Improvement Project; and

                   WHEREAS, these portions of Hamilton County parcels 620-0204-0029, 620-0204-0028, and 620-0204-0027 are not needed by the Township to carry out the public purpose; and
                  
                   WHEREAS, the residue of these parcels are sufficient to achieve the public purpose sought by the Township, which is a parking lot for the Symmes Township Safety Service Center.

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

                   Section 1.     The Symmes Township Board of Trustees hereby authorizes the conveyance of a Temporary Easement for the purpose of performing the work necessary for driveway reconstruction and grading  for the parcel identified as 167-T which is fully described on Exhibit “A” attached hereto. In consideration of payment of $3,326.00 which amount is to be credited to the Hamilton County Right of Way Pledge made by Symmes Township for the Montgomery Road Improvement.

                   Section 2.     That the Board of Trustees, 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.

Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to adopt the following resolution and to dispense with the second reading:

RESOLUTION G-0723
       Resolution Authorizing and Approving
an Extension to an Amendment to the Contract for
Fire Protection and Emergency Medical
   Services with the Loveland-Symmes Fire Department
and Dispensing with the Second Reading

                   WHEREAS, the Symmes Township Board of Trustees, Hamilton County, Ohio is authorized to contract for fire protection and emergency medical services; and

                   WHEREAS, the Symmes Township Board of Trustees and the Loveland-Symmes Fire Department have entered into a contract which provide such terms and conditions which are appropriate for the protection of the lives and property of all persons and businesses within Symmes Township; and

                   WHEREAS, the Symmes Township Board of Trustees and the Loveland-Symmes Fire Department entered in an amendment to the contract to provide additional thirty-two (32) man-hours of personnel daily between the hours of 10:00 a.m. and 10:00 p.m. pursuant to Resolution
G-0604; and

                   WHEREAS, this amendment to the contract was for the year of 2006 only and said services would not continue into 2007 without written agreement of both parties; and

                   WHEREAS, the Symmes Township Board of Trustees agreed that the additional personnel has been beneficial to the residents of Symmes Township and wishes to continue this service for an additional year effective January 1, 2007.

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

                   Section 1.     Hereby authorizes and approves an extension to the amendment to the contract for fire protection and emergency medical services as it is set forth on Attachment “A”.
    
                   Section 2.     Hereby authorizes and directs that such payments be made in accordance with the terms and conditions as set forth in the amendment attached hereto as Attachment “A”.

                   Section 3.     That this Resolution is adopted as an emergency necessary for the immediate preservation of the safety and welfare of the community for the reason that the additional personnel will enhance the fire protection services provided to Symmes Township.

Mrs. Wagner seconded the motion.

MR. BECKMAN stated that this resolution is to finalize action taken by the Board at a meeting in 2006 for the additional personnel during that year.  The Board approved to continue the additional personnel for 2007 and this resolution will allow for the payment of those services.

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

Mr. Minamyer moved to authorize the Assistant Fiscal Officer and Office Assistant to attend OPERS training seminar on May 10 in Columbus.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to approve:
                   a.      Expenditure in the amount of $2,019.67 for 2nd Quarter EMS supplies
                   b.      Expenditure in the amount of $798.85 for 2nd Quarter Drug Re-stock
                   c.      Expenditure in the amount of $11,650.00 from the Cemetery Bequest Fund for cleaning and repairs to the two stone entrances in Union Cemetery
                   d.      Expenditure (Then & Now) in the amount of $838.00 for replacement of air conditioner at Safety Center
                   e.      Expenditure in an amount not to exceed $2,000.00 for nuisance clean-up at 11554 Enyart Road
Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to table approval of an expenditure in the amount of $7,320.00 for Township map to the June meeting in order to acquire additional information.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved that the Board enter Executive Session to consider the purchase of real property and to discuss pending court action.  Mrs. Wagner seconded the motion and the roll call vote was as follows:  Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

The meeting adjourned for Executive Session at 8:37 p.m.

The meeting reconvened from Executive Session at 9:12 p.m.

MR. MINAMYER moved to hold a Special Meeting on May 15 at 7:00 p.m. for the purpose of entering Executive Session to consider the purchase of real property and to discuss pending court action.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

The meeting adjourned at 9:14 p.m.