WENDY MOELLER, McBRIDE DALE & CLARION - Reviewed the process for the
development of the Township’s Master Plan and discussions held by the Ad Hoc Master Plan Committee. This document was developed in order to provide the Board with guidelines for making decisions in the future.
Mrs. Moeller discussed the various portions of the proposed Master Plan with the Board. Mrs. Moeller noted there are some short term and long term goals contained in the document. This plan is meant to be reviewed and revised on a regular basis. The Township Land Use Plan and Community Reinvestment Areas are included in this document; however, these were adopted under separate processes.
Mrs. Moeller stated that the Committee identified business core areas within the Township. Camp Dennison was one of these areas. The residents have expressed concern regarding the language which talks about promoting retail growth. This language was intended to promote the existing businesses along St. Rt. 126.
The language provides that "the Township should continue to foster this small business core through the preservation of historic buildings and general support of business retention and development." Mrs. Moeller stated that this language could be changed to address the residents' concerns.
MR. BRYANT noted that there is a portion along St. Rt. 126 which is zoned “E” Retail; however, it is mainly residential in use.
LAURA SHARP, 9988 LINCOLN (45111) – Stated that residents were concerned that the current language might assist a developer in placing a retail business in this area over the objections of residents. The language appears to be encouraging business development in Camp Dennison rather than retaining the residential character. The Civic League felt there might be a better way to word the intent of the Board.
MR. MALLOY recommended the wording could be changed to "maintain" instead of "foster" and to eliminate the wording "and development".
MR. ILES and MS. SHARP indicated that wording would be acceptable in establishing the intent of the Board. They requested that a response be sent to the Civic League.
MR. BRYANT stated that this Master Plan is a "living document" and as such should be reviewed by the Board on a regular basis for possible changes. Mr. Bryant questioned what the next step would be in the process.
MR. BECKMAN advised that a resolution has been prepared and the Board would need to take action if it wishes to adopt the Master Plan. The resolution could be adopted with the minor revisions discussed at tonight’s meeting.
MR. BECK moved to adopt the following resolution: G-0913
Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
The Board thanked Ms. Moeller for her assistance and flexibility in this process and also thanked the committee members for their hard work.
MR. BECKMAN noted that this was been a two-year process and stated that this is a good document for use by Township Staff.
Mr. Beckman reminded the Board that they requested Staff research the possibility of grant money for the replacement of fire hydrants in Camp Dennison area.
Mr. Beckman advised that a consultant was contacted to look into the issue and the study discovered that the fire hydrants do not need to be replaced. However, there is an issue with the water flow pressure as there is a 6" pipe into the residential area instead of the normal 8" line. The fire department does not feel there is enough pressure to fight a fire in this area.
Mr. Beckman reported on a recent meeting with Indian Hill, Hamilton County and the fire department to determine the next step. The original contract between Hamilton County and Indian Hill Water Works reflects that it is the responsibility of Indian Hill Water Works to maintain the water lines.
Mr. Beckman stated that he attempted to determine if Community Block Grant funds would be available for the replacement of these lines. It appears that this project would be acceptable for these funds.
CHIEF HUBER stated that there appears not to be sufficient water flow in this area and recommended that a flow test be completed to provide updated information. Chief Huber explained the pressure requirement to provide sufficient water to fight a fire. There is sufficient pressure to fight a single incident; however, it is felt that there could be a problem should there be multiple fires. Chief Huber advised that water districts are required to provide water flow for residential uses, but not legally required to provide water to fight fires.
MR. BECKMAN advised that this study would cost approximately $2,500 to complete and Staff is recommending this step.
MR. BECK requested clarification regarding the replacement of the water lines.
CHIEF HUBER stated the replacement would be for the main feeder line along Galbraith Road to a larger pipe. This would also provide for the system to have a loop which is desirable.
MR. BRYANT stated it appears that the recommendation is for the hiring of a consultant to provide data regarding water flow in the Camp Dennison area. This information would be used when making application for the Community Block Grant.
CHIEF HUBER stated this study would also help to determine if any fire hydrants in Camp Dennison need to be replaced.
MR. BRYANT moved to authorize an expenditure in an amount not to exceed $2,500.00 for a flow test to be conducted in the Camp Dennison area to provide information for the application of possible block grant money. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BRYANT stated that at the end of 2009 the current park levy of 1.2 mils will expire. A new levy is needed in order to have funds available to operate the park system in the Township. The Board has been reviewing data regarding revenues needed for the parks, as well as other levies being placed on the November ballot. The Finance Committee was requested to review this information and to make a recommendation to the Board. Mr. Bryant advised that information regarding the park levy will be placed on the website.
MR. BORCHERS noted that eleven years ago the Township had no parks or park levy. The first levy was passed in 1998 for 1.85 mil levy for five years. This levy was renewed by the public in 2004 with 1.2 millage for an additional five years. This is the levy which ends in 2009.
Mr. Borchers reported that the Finance & Audit Committee met to review information regarding expenditures and revenue needed to maintain the park system, as well as property purchases and future park developments as might be determined by the Board. The Committee also discussed the need for funding for additional development of the Rozzi Park.
The Committee agreed that a park levy is needed to be placed on the November ballot. It was felt that there should be no increase in taxes to the public. The current revenue which is approximately $634,000 and the Committee felt that this amount of revenue should be continued. The Committee has recommended that the Board consider a 1.1 mil replacement for a three year term. The Committee also prioritized the needs of the Township with park maintenance being number one. The development of the Rozzi Park and other areas was ranked second , with the purchase of additional property being considered the last item. The Committee felt that the length should be three years as the Township should know within this time frame the actual amount needed to finish development of the Rozzi property.
Mr. Borchers advised that the Board will need to determine the millage amount and the length of the levy. Mr. Borchers noted that "replacement" and "renewal" language will also need to be determined. .
MR. BECKMAN stated that "renewal" language would be at the original property values in 2004. A "replacement" levy would be evaluated at current property values and the levy could be at a lower millage rate and still generate the same amount of revenue. Mr. Beckman further stated he understands that 1.2 mills at renewal would generate $560,000 and that 1.0 replacement would generate $629,000. A replacement levy would result in a reduction in costs to a homeowner.
MR. BORCHERS noted that the 1.0 replacement millage would be in the spirit of the recommendation from the Finance Committee. The Board needs to determine the amount of funds needed to accomplish the plans for the Township.
MR. BRYANT reviewed the expenditures which have been made during the last levy term and noted that any carry-over is needed in order to maintain the parks should the levy fail. Mr. Bryant stated that the millage required by the Board depends on the length of the levy and future plans. Mr. Bryant further stated that he does not want to see several Township levies being on the ballot at the same time. The Board needs to look at the length of existing levies in order to determine the length of this levy.
MR. BECK noted that the Township has nine parks/greenspace which total 184 acres (including Rozzi). The majority of this property has been acquired within the last eleven years. Mr. Beck questioned what the current annual maintenance cost for these areas and what is the estimate to maintain the Rozzi Park when it is developed.
MR. BORCHERS stated that the annual maintenance figure is $356,000, with an estimated cost of an additional $61,000 for the Rozzi Park. Phase I of the Rozzi development is already budgeted within the revenue from the Rozzi levy. Any other phases will be need to be funded by the new park levy. The Finance & Audit Committee based its recommendation on the amount of revenue needed to maintain the parks and to develop the Rozzi Park.
Mr. Borchers noted the Board will need to take action at the July meeting in order to start the process of placing a levy on the November ballot. Mr. Borchers reminded the Board at the 1.0 mills would be a reduction to residents, but would generate the same amount of revenue.
MR. BRYANT moved that the Board notify the County Auditor that the Township wishes to place a replacement 1.0 mill for a three year period levy on the November ballot. Mr. Beck seconded the motion.
MR. BECK requested clarification that a 1.2 "renewal" would generate $560,000 and a 1.0 "replacement" would generate $629,000.
MR. BORCHERS stated that is correct based on information provided by the County Auditor.
MR. BRYANT noted a resident currently pays $30.11 per $100,000. The proposed levy would cost a resident $29.68 per $100,000 which is a slight reduction. The additional revenue which will be received is due to re-evaluation of property values in 2005 and additional new construction in the Township.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BECKMAN advised that a resolution has been prepared with these terms and requested the Board officially adopt this resolution so that it may be forwarded to the County Auditor.
The Board had no objection to this request.
MR. BRYANT moved to adopt the following resolution for the record:
RESOLUTION G-0922
Resolution Declaring It Necessary to Replace a Portion of an Existing
Levy for a Three Year Period of Time and to Certify the Millage Rate
of the County Auditor and Request the Revenue Produced by That Rate
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, ("Board of Trustees") desires to continue to provide to the residents of Symmes Township the use and enjoyment of public parks; and
WHEREAS, the Board of Trustees has determined that in order to continue to provide the use and enjoyment of the public parks that it is necessary to replace a portion of an existing park levy in excess of the ten-mill limitation as described herein; and
WHEREAS, pursuant to Section 5705.03 of the Ohio Revised Code, this Board of Trustees is required to certify to the County Auditor a resolution requesting the County Auditor to certify certain matters in accordance with such a tax levy; and
NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio:
Section 1. It is necessary to levy an additional tax in excess of the ten-mill limitation pursuant to Section 5705.19(H) of the Ohio Revised Code for the purpose of parks and recreational purposes.
Section 2. It is necessary to replace a portion of an existing levy, being a reduction of two tenths of a mill, to constitute a tax for the purpose of parks and recreational purposes at a rate not exceeding one (1) mill for each One Dollar of valuation, which amounts to ten ($0.10) cents for each One Hundred Dollars in valuation for a three year period of time.
Section 3. Said levy shall be placed upon the tax lists of the current tax year (2009) for collection in calendar year 2010 in compliance with the provisions of Section 5705.34 if the majority of the electors voting thereon vote in favor thereof.
Section 4. The replacement tax levy for the purposes listed above shall be submitted to the electors of Symmes Township at the election to be held at the usual voting places within Symmes Township on November 3, 2009.
Section 5. The Symmes Township Clerk is hereby directed to immediately certify to the County Auditor a Resolution requesting that the County Auditor certify to the Board of Trustees of Symmes Township the total tax valuation of the Township and the dollar amount of revenue that would be generated by 1.0 mill.
Section 6. It is found and determined that all formal actions of this Board of Trustees of Symmes Township, Hamilton County, Ohio, concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Board of Trustees Hamilton County, Ohio, and that all deliberations of the Board of Trustees of Symmes Township, Hamilton County, Ohio, and any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.
Section 7. This Resolution shall be adopted as an emergency necessary for the immediate preservation of the public health, safety and welfare within the community for the reason that it is necessary to continue the maintenance of parks open to the public.
Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BRYANT moved to adopt the following resolution:
RESOLUTION G-0912
RESOLUTION AUTHORIZING ALL ACTIONS NECESSARY TO EFFECT A
GOVERNMENTAL NATURAL GAS AGGREGATION PROGRAM WITH OPT-OUT
PROVISIONS PURSUANT TO SECTION 4928.26, OHIO REVISED CODE, DIRECTING
THE HAMILTON COUNTY BOARD OF ELECTIONS TO SUBMIT A BALLOT
QUESTION TO THE ELECTORS AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH INDEPENDENT ENERGY CONSULTANTS, INC. FOR SUCH
PURPOSES AND DECLARING AN EMERGENCY
WHEREAS, the Ohio Legislature has enacted electric deregulation legislation (H.B. No. 9) which authorizes the legislative authorities of townships to aggregate the retail natural gas loads located in their respective jurisdictions and to enter into service agreements to facilitate for those loads the purchase and sale of natural gas;
WHEREAS, governmental aggregation provides an opportunity for residential and small business customers collectively to participate in the potential benefits of natural gas deregulation through lower natural gas rates which they would not otherwise be able to have individually;
WHEREAS, this Board of Trustees seeks to establish a governmental aggregation program with opt-out provisions pursuant to Section 4928.26 of the Ohio Revised Code (the "Aggregation Program") for the residents, businesses and other natural gas consumers in the Township and in conjunction jointly with any other political subdivision of the State of Ohio, as permitted by law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF SYMMES TOWNSHIP OF HAMILTON COUNTY AND STATE OF OHIO, THAT:
SECTION 1. This Board of Trustees finds and determines that it is in the best interest of the Township, its residents, businesses and other natural gas consumers located within the corporate limits of the Township to establish the Aggregation Program in the Township. Provided that this Resolution and the Aggregation Program is approved by the electors of the Township pursuant to Section 4 of this Resolution, the Township is hereby authorized to aggregate in accordance with Section 4928.26 of the Ohio Revised Code, the retail natural gas loads located within the Township.
SECTION 2. For the purpose of the aggregation, the Township is authorized pursuant to Section 4928.26 of the Ohio Revised Code to enter into service agreements, individually or jointly with other political subdivisions of the State of Ohio, to facilitate for those loads the sale and purchase of natural gas.
SECTION 3. The aggregation will occur automatically for each person owning, occupying, controlling, or using a natural gas load center proposed to be aggregated and will provide for the opt-out rights described in Section 5 of this Resolution.
SECTION 4. The Board of Elections of Hamilton County is hereby directed to submit the following question to the electors of the Township at the general election on November 9, 2009:
Shall Symmes Township have the authority to aggregate the retail natural gas loads located in the Township, and for that purpose, enter into service agreements to facilitate for those loads the sale and purchase of natural gas, such aggregation to occur automatically except where any person elects to opt-out, all in accordance with Section 4928.26 of the Ohio Revised Code and Resolution Number G-0912 adopted by Symmes Township Board of Trustees.
The Fiscal Officer of this Board of Trustees is instructed immediately to file a certified copy of this Resolution and the proposed form of the ballot question with the Hamilton County Board of Elections not less than seventy-five (75) days prior to November 9, 2009. The Aggregation Program shall not take effect unless approved by a majority of the electors voting upon this Resolution and the Aggregation Program provided for herein at the election held pursuant to this Section 2 and Section 4928.26, Ohio Revised Code.
SECTION 5. Upon the approval of a majority of the electors voting at the general election provided for in Section 4 of this Resolution, this Board of Trustees individually or jointly through the Township’s consultant shall develop a plan of operation and governance for the Aggregation Program. Before adopting such plan, this Board of Trustees shall hold at least two public hearings on the plan. Before the first hearing, notice of the hearings shall be published once a week for two consecutive weeks in a newspaper of general circulation in the Township. The notice shall summarize the plan and state the date, time, and location of each hearing. No plan adopted by this Board of Trustees shall aggregate the natural gas load of any natural gas load center within the Township unless it in advance clearly discloses to the person owning, occupying, controlling, or using the load center that the person will be enrolled automatically in the Aggregation Program and will remain so enrolled unless the person affirmatively elects by a stated procedure not to be so enrolled. The disclosure shall state prominently the rates, charges, and other terms and conditions of enrollment. The stated procedure shall allow any person enrolled in the Aggregation Program the opportunity to opt-out of the program every two years, without penalty as set forth in rule 4901:1-28-04 of the Ohio Administrative Code.
SECTION 6. That this Board of Trustees finds and determines that all formal actions of the Board of Trustees concerning and relating to the adoption 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 committees that resulted in those formal actions were in meetings open to the public in compliance with the law.
BE IT FURTHER RESOLVED BY THE BOARD OF TRUSTEES OF SYMMES TOWNSHIP OF HAMILTON COUNTY AND STATE OF OHIO, THAT this Resolution is declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Township, and for the further reason that this Resolution is required to be immediately effective in order to file a certified copy of this Resolution and the proposed form of the ballot question with the Board of Elections of Hamilton County not later than seventy-five (75) days prior to the November 9, 2009 election, as provided herein; wherefore, this Resolution shall be in full force and effect immediately upon its adoption and certification.
MR. BECK seconded the motion.
MR. BRYANT advised that Board is asking residents, by this ballot issue, to determine if the Board may proceed with negotiations with natural gas providers in order to determine if residents can save money with an aggregation program. This vote does not commit a resident to this program as there will be an opt-out provision available when the time comes. Mr. Bryant noted that there are other communities already participating in an aggregation program.
MR. BECK stated that approval of this ballot issue will authorize the Township to enter into service agreements individually or jointly with other political subdivisions in order to obtain lower natural gas pricing for the residents. Mr. Beck advised he is in favor of this program as it offers savings to residents. Mr. Beck stated that he hoped the Township will provide educational opportunities to residents through public hearings and Township publications.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BRYANT moved to adopt the following resolution:
RESOLUTION G-0915
A RESOLUTION AUTHORIZING ALL ACTIONS NECESSARY TO EFFECT A
GOVERNMENTAL ELECTRICITY AGGREGATION PROGRAM WITH OPT-OUT
PROVISIONS PURSUANT TO SECTION 4928.20, OHIO REVISED CODE,
DIRECTING THE HAMILTON COUNTY BOARD OF ELECTIONS TO SUBMIT A
BALLOT QUESTION TO THE ELECTORS AND AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH INDEPENDENT ENERGY CONSULTANTS, INC. FOR
SUCH PURPOSES AND DECLARING AN EMERGENCY.
WHEREAS, the Ohio Legislature has enacted electric deregulation legislation ("Am. Sub. S.B. No. 3") which authorizes the legislative authorities of townships to aggregate the retail electrical loads located in their respective jurisdictions and to enter into service agreements to facilitate for those loads the purchase and sale of electricity;
WHEREAS, governmental aggregation provides an opportunity for residential and small business customers collectively to participate in the potential benefits of electricity deregulation through lower electric rates which they would not otherwise be able to have individually;
WHEREAS, this Board of Trustees seeks to establish a governmental aggregation program with opt-out provisions pursuant to Section 4928.20 of the Ohio Revised Code (the "Aggregation Program") for the residents, businesses and other electric consumers in the Township and in conjunction jointly with any other political subdivision of the State of Ohio, as permitted by law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF SYMMES TOWNSHIP OF HAMILTON COUNTY AND STATE OF OHIO, THAT:
SECTION 1. This Board of Trustees finds and determines that it is in the best interest of the Township, its residents, businesses and other electric consumers located within the corporate limits of the Township to establish the Aggregation Program in the Township. Provided that this Resolution and the Aggregation Program is approved by the electors of the Township pursuant to Section 4 of this Resolution, the Township is hereby authorized to aggregate in accordance with Section 4928.20 of the Ohio Revised Code, the retail electrical loads located within the Township.
SECTION 2. For the purpose of the aggregation, the Township is authorized pursuant to Section 4928.20 of the Ohio Revised Code to enter into service agreements, individually or jointly with other political subdivisions of the State of Ohio, to facilitate for those loads the sale and purchase of electricity.
SECTION 3. The aggregation will occur automatically for each person owning, occupying, controlling, or using an electric load center proposed to be aggregated and will provide for the opt-out rights described in Section 5 of this Resolution.
SECTION 4. The Board of Elections of Hamilton County is hereby directed to submit the following question to the electors of the Township at the general election on November 9, 2009:
Shall Symmes Township have the authority to aggregate the retail electric loads located in the Township, and for that purpose, enter into service agreements to facilitate for those loads the sale and purchase of electricity, such aggregation to occur automatically except where any person elects to opt-out, all in accordance with Section 4928.20 of the Ohio Revised Code and Resolution Number G-0915 adopted by Symmes Township Board of Trustees.
The Fiscal Officer of this Board of Trustees is instructed immediately to file a certified copy of this Resolution and the proposed form of the ballot question with the Hamilton County Board of Elections not less than seventy-five (75) days prior to November 9, 2009. The Aggregation Program shall not take effect unless approved by a majority of the electors voting upon this Resolution and the Aggregation Program provided for herein at the election held pursuant to this Section 2 and Section 4928.20, Ohio Revised Code.
SECTION 5. Upon the approval of a majority of the electors voting at the general election provided for in Section 4 of this Resolution, this Board of Trustees individually or jointly through the Township’s consultant shall develop a plan of operation and governance for the Aggregation Program. Before adopting such plan, this Board of Trustees shall hold at least two public hearings on the plan. Before the first hearing, notice of the hearings shall be published once a week for two consecutive weeks in a newspaper of general circulation in the Township. The notice shall summarize the plan and state the date, time, and location of each hearing. No plan adopted by this Board of Trustees shall aggregate the electrical load of any electric load center within the Township unless it in advance clearly discloses to the person owning, occupying, controlling, or using the load center that the person will be enrolled automatically in the Aggregation Program and will remain so enrolled unless the person affirmatively elects by a stated procedure not to be so enrolled. The disclosure shall state prominently the rates, charges, and other terms and conditions of enrollment. The stated procedure shall allow any person enrolled in the Aggregation Program the opportunity to opt-out of the program every two years, without paying a switching fee. Any such person that opts-out of the Aggregation Program pursuant to the stated procedure shall default to the standard service offer provided under division (a) of Section 4928.14 or division (d) of Section 4928.35 of the Ohio Revised Code until the person chooses an alternative supplier.
SECTION 6. That this Board of Trustees finds and determines that all formal actions of the Board of Trustees concerning and relating to the adoption 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 committees that resulted in those formal actions were in meetings open to the public in compliance with the law.
BE IT FURTHER RESOLVED BY THE BOARD OF TRUSTEES OF SYMMES TOWNSHIP OF HAMILTON COUNTY AND STATE OF OHIO, THAT this Resolution is declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Township, and for the further reason that this Resolution is required to be immediately effective in order to file a certified copy of this Resolution and the proposed form of the ballot question with the Board of Elections of Hamilton County not later than seventy-five (75) days prior to the November 9, 2009 election, as provided herein; wherefore, this Resolution shall be in full force and effect immediately upon its adoption and certification.
MR. BECK seconded the motion.
MR. BRYANT noted that this resolution deals with an aggregation program for electricity. There are not many programs of this type in the area and therefore more research and study will be needed. The Board is again asking residents permission to explore the possibility of saving money with regards to electricity.
MR. BECK noted that his previous comments apply to this resolution.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
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Minutes
