MR. BRYANT moved to adopt the following resolution:
RESOLUTION G-0923
RESOLUTION DETERMINING TO PROCEED TO LEVY
A REPLACEMENT TAX IN EXCESS OF THE TEN-MILL LIMITATION
WHEREAS, this Board of Township Trustees of Symmes Township, Hamilton County, Ohio has heretofore declared the necessity of levying a replacement of a portion of a tax in excess of the ten-mill limitation for the benefit of this Township pursuant to the provisions of Section 5705.19 (H) of the Ohio Revised Code for parks and recreational purposes; and
WHEREAS, pursuant to Section 5705.03 of the Ohio Revised Code, this Board of Township Trustees has heretofore certified to the County Auditor a Resolution requesting the County Auditor to certify to this Board of Township Trustees the total current tax valuation of the Township and the dollar amount of revenue that would be generated by one (1.0) mill per year as specified in such Resolution, and this Board of Township Trustees has received the certification of the County Auditor that such total current tax valuation is $608,278,423 and that such dollar amount of revenue is $641,456.00 per year (a copy of such certification is attached hereto as Exhibit A);
NOW THEREFORE, BE IT RESOLVED by the Board of Township Trustees of the Symmes Township (herein the "Township"), County of Hamilton, Ohio, two‑thirds of all the members elected thereto concurring:
SECTION 1. That it is hereby declared that the amount of taxes which may be raised in this Township within the ten‑mill limitation by levies on the current tax duplicate will be insufficient to provide an adequate amount for the necessary requirements of this Township.
SECTION 2. That pursuant to the provisions of Sections 5705.19 (H) and 5705.192 of the Ohio Revised Code, it is necessary to levy a replacement of a portion of an existing tax, being a reduction of two tenths of a mill, to constitute a tax in excess of such ten‑mill limitation of the township for the purpose of providing necessary funds for parks and recreational purpose of at the rate not exceeding one (1.0) mill for each one dollar ($1.00) of valuation, which amounts to ten cents ($0.10) for each one hundred dollars ($100.00) of valuation, for a three year period of time.
SECTION 3. That the question of the adoption of said replacement tax levy shall be submitted to the electors of the Township at the election to be held on November 3, 2009, and if said levy is approved by a majority of said electors such renewal tax shall first be placed upon the 2009 tax list and duplicate, for first collection in calendar year 2010.
SECTION 4. That the form of the ballot to be used at said election shall be substantially as follows:
PROPOSED TAX LEVY OF
SYMMES TOWNSHIP
A majority affirmative vote is
NECESSARY FOR PASSAGE
A replacement of a portion of an existing levy, being a reduction of two tenth of a mill, to constitute a tax for the benefit of Symmes Township, County of Hamilton, Ohio, for parks and recreational purposes at a rate not exceeding one (1.0) mill for each one dollar ($1.00) of valuation, which amounts to ten cents ($0.10) for each one hundred dollars ($100.00) of valuation, for a three year period of time, commencing in 2009, first due in 2010.
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
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SECTION 5. That the Fiscal Officer of this Board of Township Trustees be and is hereby directed to certify a copy of this resolution to the board of elections, not later than four o'clock (4:00) p.m. of the seventy‑fifth (75th) day before the date of said election and to notify said board of elections to cause notice of the election on the question of levying said tax to be given as required by law.
SECTION 6. That it is found and determined that all formal actions of this Board of Township Trustees concerning and relating to the adoption of this resolution were adopted in an open meeting of this Board of Township Trustees; and that all deliberations of this Board of Township Trustees and of 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.
MRS. WAGNER seconded the motion.
Mr. Bryant questioned if the wording within the resolution should be "renewal" or "replacement".
MR. BECKMAN stated it should reflect "replacement" and stated that these corrections will be made to the resolution.
The Board indicated that it is its intent not to increase taxes with the levy.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
Mr. Bryant moved to adopt the following resolution and to dispense with the second reading:
RESOLUTION G-0924
Resolution Authorizing Execution of Lease
and Dispensing with the 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 enter into a Lease with The Cincinnati Horticultural Society, with regard to the use of certain property; and
WHEREAS, the Board of Trustees has determined that it is necessary at this time to enter into the Lease for the use of the real property hereinafter described in order to accomplish the goals of promoting economic benefits, tourism, public welfare, educational opportunities, and community pride; and
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, has determined the necessity of entering into a Lease for the Meade House, 11887 Lebanon Road, Symmes Township, Ohio 45140, which legal description is more fully set forth on Attachment “A” to the Lease hereto; 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 Lease with The Cincinnati Horticultural Society, substantially in the form set forth on Attachment “B” 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 promoting economic benefits, tourism, educational opportunities, and community pride.
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 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.
MR. BECK seconded the motion.
MR. BECKMAN advised this resolution provides for a lease with the Cincinnati Horticultural Society for a portion of the Meade property. Mr. Beckman stated that the lease has been reviewed by the Township Law Director and has been approved and signed by the Society. Mr. Beckman noted that the Society is anxious to get started.
MR. BRYANT questioned if the Board would like to proceed with this lease agreement as it was just received before the meeting. Mr. Bryant stated he would be willing to table this requested.
Mr. Bryant reviewed several concerns with the proposed lease. The labeling and inclusion of exhibits are needed. The value of the lease needs to be re-figured since this is no longer a twenty (20) year term.
Mr. Bryant questioned if the Township is prohibited from many any changes since it has been placed on the State Historic Registry. Mr. Bryant stated he would like to know if there are any standards the Township needs to follow.
MR. BECKMAN stated he did not feel there are any prohibition, but would review and report back to the Board.
MR. BRYANT questioned the dollar amount noted in the lease for utilities. Mr. Bryant stated the lease provides for $300.00 and this might not be sufficient in the future.
MR. BECKMAN stated this is for the house only and the Society would be responsible for utility for additional structures.
MR. BRYANT requested clarification regarding the provision allowing for the Society to charge reservation fees for special events. Mr. Bryant questioned how this might effect the Township's previous lease dealing with the Flower Show.
MR. MALLOY stated that he would review the lease with regards to these concerns and report to the Board.
MR. BRYANT moved, based on this discussion, to table this resolution until the next meeting. Mr. Beckman seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BECKMAN reported that the nuisance for 9982 Washington Avenue has been abated and recommended that no further action is required by the Board.
Mr. Beckman reported on the condition of property located at 8382 Patrilla Lane. Mr. Beckman presented pictures and advised that the property has been improved, but there are still dirt piles in the front yard.
MR. MALLOY advised the Township could file for injunctive relief and should the Board approve this action it could be filed at any time.
MR. BRYANT noted the Township has received numerous correspondence regarding the condition of this property from neighbors. Mr. Bryant stated he felt there has been some progress made, but there is still a variety of concerns with this property.
Mr. Bryant moved to authorize legal action against the owner and occupant at 8382 Patrilla with respect to mediation of vegetation, debris and other nuisances. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
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