MRS. WAGNER moved to amend Permament Appropriation 1-A-21 (General-Election Expense) from $15,000.00 to $40,000.00. Mr. Bryant seconded the motion.
MR. BORCHERS noted that the 1st half tax settlement from the County Auditor reflected a higher cost for election expense and therefore this needs to be amended to reflect the actual amount.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BORCHERS requested the Board to rescind Resolution G-0819. This resolution provided for a temporary advance from the General Fund to the Lighting Assessment Fund. Mr. Borchers advised that the tax settlement was received from the County Auditor and therefore the advance was not required.
MRS. WAGNER moved to rescind Resolution G-0819 as requested by the Fiscal Officer. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
Mrs. Wagner moved to adopt the following resolution and to declare an emergency:
RESOLUTION G-0824
Resolution Establishing and Implementing a Program to Charge
a User Fee for the Delivery of Emergency Fire Department
Services for Vehicular Accidents and Declaring an Emergency
WHEREAS, said ORC Section 505.84 authorizes boards of township trustees to establish reasonable charges for the use of fire and rescue services, ambulance services, or emergency medical services; and
WHEREAS, by passage of Resolution G-0527 on December 6, 2005, a fee structure was established to cover the cost of services incurred by the Loveland Symmes Fire Department when the department responds to motor vehicle accident scenes; and
WHEREAS, service run activity to vehicle accidents continued to increase each year and new Home Security regulations, such as biological training and equipment, will create increased demands on all operations areas for the Loveland-Symmes Fire Department; and
WHEREAS, the Loveland Symmes Fire Department has investigated different methods to maintain a high level of quality of emergency services throughout the times of constantly increasing service demands, where maintaining an effective response will decreased the liability of the insurance companies' cost by saving lives and minimizing vehicular damage by fire; and
WHEREAS, raising the real property tax to meet the increase in service demands would not be fair to the property owners of Symmes Township, when the majority of Motor Vehicular Accidents (MVAs) involve individuals not owning property or paying property taxes in Symmes Township; and
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, desires to implement a fair and equitable procedure by which to collect said MVA fees from insurance companies and responsible parties and to establish a billing system in accordance with State and Federal laws, regulations and guidelines; and
WHEREAS, it is necessary to adjust the rate schedule to substantiate costs per procedure in order to comply with industry standards.
NOW THEREFORE, BE IT RESOLVED, by the Board of Township Trustees of Symmes Township, Hamilton County, Ohio:
Section 1.The Loveland-Symmes Fire Department, on behalf of the Board of Trustees, shall initiate a user fee for the delivery of Emergency Fire Department Services. The rate of the user fee shall be that which is usual, customary and reasonable (UCR) cost for the services, and may fluctuate accordingly.
Section 2.The user fees shall be filed to the motor vehicle insurance representing an add-on-cost of the claim for damages of the vehicles, property and/or injuries. The claim costs shall be filed to the insurance company of the owner of the vehicles, owner of property or responsible parties.
Section 3.The Board of Trustees or its designees is hereby authorized to execute any and all documents and/or implement any and all procedures necessary to effectuate the collection of fees.
Section 4.The fund shall be used for the payment of the costs of the management, maintenance, and operation of fire and rescue services, ambulance services, and emergency medical services in Symmes Township.
Section 5.Upon the unanimous vote of the Symmes Township Trustees, this Resolution is hereby declared to be an emergency measure necessary for immediate preservation of the public peace, health, safety and welfare of Symmes
Township. The reason for the emergency to provide for the immediate establishment of charges and collection of fees due the township for the above services.
Section 6.This resolution shall take effect on the earliest date allowed by law.
MR. BRYANT seconded the motion.
MR. BECKMAN stated this resolution will amend the previously adopted fees.
CHIEF OTTO HUBER advised that the insurance companies are requesting itemized costs for this service. This resolution will amend the fees in order to provide this information which should enable additional money to be collected.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MRS. WAGNER moved to adopt the following resolution:
RESOLUTION G-0825
RESOLUTION AUTHORIZING ACCEPTANCE OF A DONATION OF
THE INSTALLATION AND MAINTENANCE OF CERTAIN LIGHTING
FOR BLONG PARK
WHEREAS, the Board of Township Trustees has improved Blong Park for the convenience and use of the public good; and
WHEREAS, the establishment of Blong Park, in part, recognizes the suffering endured by families and businesses who were subjected to the loss and hardships resulting from the ravages of a tornado; and
WHEREAS, Blong Park represents the resilience and perseverance of families and businesses that have been subjected to personal and property loss but have recovered through their individual strength and the support of this community; and
WHEREAS, Blong Park is a result of the Joint Public Purpose Operating Agreement entered into between Symmes Township and Union Savings Bank, which Agreement permits a sharing of the facilities of said park; and
WHEREAS, Union Savings Bank has tendered the donation of certain low level lighting to enhance the safety of pedestrian access to and from the existing parking facility and the Union Savings Bank property to the south by persons, including employees and customers of Union Savings, as well as members of the public.
WHEREAS, the board of Trustees of Symmes Township believes that the donation will benefit the citizens of the Township at no expense to taxpayers.
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of Symmes Township, Hamilton County, Ohio, that:
Section 1.The Board of Trustees of Symmes Township hereby consents to and accepts the donation of the installation of certain low level lighting as described on the specifications or as modified to the satisfaction of the Township Administrator to protect the residents. The acceptance of the donation is conditioned upon the understanding that Union Savings Bank, its successors and assigns, shall assume full responsibility of the cost of the installation, the cost of maintenance, and the cost of utilities for such lights. If at any time Union Savings Bank, its successors and assigns are unable or unwilling to bear said responsibility, it shall promptly remove all installed lighting and return Blong Park to the condition prior to said installation Furthermore, as a condition of the acceptance of this donation, Union Savings Bank, its officials, employees and contractors shall coordinate the installation and any future maintenance of such lighting system with the Township Administrator. The coordination is intended to assure that such installation or maintenance does not interrupt or disturb any planned activities scheduled for the use of Blong Park. The acceptance is also conditioned upon returning the area disturbed by the installation to its original condition without undue delay. The acceptance of this donation is also conditioned upon Union Savings Bank indemnifying and holding harmless Symmes Township against any action related to the installation and maintenance of said lighting brought against Symmes Township or in which Symmes Township is named as a defendant, including but not limited to actions based on contract or actions based in tort such as for personal injury or property damage that may be caused by the officials, employees, contractors or other representatives of Union Savings Bank, its successors and assigns during the course of or as a result of the installation and maintenance of said lighting system The donation shall not be deemed accepted until Union Savings Bank executes this Resolution below signifying its agreement to the above conditions signifying its agreement to the above conditions.
Section 2.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 3.This Resolution shall take effect and be enforced from and after the earliest period allowed by law.
MR. BECK seconded the motion.
MR. BECKMAN advised that new plans have been received since the last meeting. This is a request from Union Savings Bank to add additional lighting at the drive to Blong Park. The new request is for five lights which are 12' in height and have been moved back towards the sidewalk.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MRS. WAGNER moved to adopt the following resolution and to dispense with the second reading:
RESOLUTION G-0826
RESOLUTION AUTHORIZING EXECUTION OF GRANT OF OVERHANG EASEMENT
AND DISPENSING WITH SECOND READING
WHEREAS, the Board of Township Trustees of Symmes Township, Hamilton County, Ohio, deems it necessary and in the best interest of the Township to grant an easement interest in certain property; and
WHEREAS, the Board of Trustees has determined that it is necessary at this time to proceed with the grant of the easement in the real property hereinafter described in order to accomplish the goals for the public use of said property being the widening of Montgomery Road/US 22; and
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, has determined the necessity of granting an overhang easement to Duke Energy Ohio, Inc., over and across the property known as Parcel no. 620-0190-0021, the Union Cemetery property being 4.03 acres on the east side of Montgomery Road; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio:
Section 1.That the Board of Trustees of Symmes Township hereby enters into a Grant of Overhang Easement substantially in the form set forth on Attachment “A” hereto.
Section 2.The purpose of said granting of interest in the real estate described herein above is for the public use, to-wit: For the purpose of the widening of Montgomery Road/US 22.
Section 3.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 4.This Resolution shall take effect and be enforced from and after the earliest period allowed by law..
MR. BRYANT seconded the motion.
MR. BECKMAN advised this is the result of negotiations with Duke regarding the distribution lines over Union Cemetery. This easement provides for the removal of several trees for which Duke has reimbursed the Township the amount of $5,400.00. The easement will not interfere with the Township's cemetery responsibility in this area.
MR. BECK questioned if the Township would be able to replace these trees.
MR. BECKMAN stated any replacement trees would have to meet Duke's guidelines.
MS. SIMS questioned if Duke would be removing the stumps.
MR. BRYANT suggested that the Township Administrator discuss this issue with Duke.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MRS. WAGNER moved to approve a new agreement for police protection services with the Sheriff of Hamilton County. Mr. Beck seconded the motion.
MR. BECKMAN advised that this is an amendment to the current agreement in order to provide clarification on several issues such as the adjustment for Lt. Reid's salary and items which are part of Sycamore and Columbia Townships' contracts.
MR. BORCHERS stated that this would be effective January 1, 2008 and be effective until 2011; however, there is a provision which provides for termination after a thirty day notice.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BECKMAN advised the following bids were received and opened on May 15, 2008 for the parking lot expansion at the Safety Center:
Advanced Contractors & Engineers - $105,444.20
Plainville Equipment - $100,957.85
J.K. Meurer - $100,855.51
John Jurgensen Company - $139,869.00
Rose Excavating - $ 91,326.00
Hendy Inc. - $125,502.50
Mt. Pleasant Blacktopping - $ 88,635.60
Westside Paving - $ 98,435.00
Zilig Excavating - $105,136.94
Mr. Beckman stated that Staff has reviewed these proposals and recommend that the Board accept the bid from Mt. Pleasant Blacktopping.
MR. BORCHERS stated that the Board will need to amend the appropriation before taking any action on this item.
MRS. WAGNER moved to amend Permament Appropriation 20-A-08 - Safety Levy-Other from $71,000.00 to $159,000.00. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MRS. WAGNER moved to accept the bid from Mt. Pleasant Blacktopping in the amount of $88,635.60 for the 2008 Safety Center Parking Lot Expansion project. Mr. Bryant seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BECKMAN advised the Community Development Block Grant Program comes from the State of Ohio to local communities through Hamilton County. There are only two areas within the Township that qualify for this program - Camp Dennison and Twightwee neighbors.
Mr. Beckman stated the Township has utilized this program in the past for the drainage project in Camp Dennison. However, due to concern about Section 8 housing being made part of the program, the Board chose to "opt out" the last six years. Mr. Beckman advised that this issue is no longer under consideration and recommended that the Board now "opt in".
MR. BRYANT stated he felt the Board should make this program available to residents, especially since there is no cost to the Township.
MR. BRYANT moved that the Township elect to participate in the Community Development Block Grant Program. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
The Board directed the Township Administrator to place this information on the website and in a future newsletter to make residents aware of this program.
MR. BRYANT moved to direct the Township Administrator to enter into negotiations with the Cincinnati Horticultural Society for use of Symmes Park. Mr. Beck seconded the motion.
MR. BECKMAN noted that the Board discussed this item in Executive Session regarding the lease with the Cincinnati Horticultural Society.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MRS. WAGNER moved to approve participation in the Workers' Compensation Group Rating Program with The Frank Gates Service Company and to approve an expenditure in the amount of $3,843.00 for said services. Mr. Bryant seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
Mrs. Wagner moved to authorize the Township Administrator to enter into contract with Rainbow Environmental Services for removal and disposal of asbestos from 9783 Union Cemetery Road and to approve an expenditure in the amount of $350.00 for said services. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
Mrs. Wagner moved to approve:
a.Expenditure in the amount of $1,627.51 for purchase of replacement playground equipment
b.Expenditure (Then & Now) in the amount of $1,280.00 for the purchase of mulch for parks
c.Expenditure in the amount of $1,280.00 for the purchase of mulch for the Administration Building, Safety Center and cemeteries
d.Additional expenditure in the amount of $2,000.00 for Symmesfest
e.Expenditure in the amount of $8,185.35 for the purchase of five (5) sets of turnout gear
Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
The following cemetery deed was presented:
- Bob Swaine - Kerr Cemetery, Lot 521, Grave 1 |