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MINUTES OF
SYMMES TOWNSHIP TRUSTEES
REGULAR MEETING
SEPTEMBER 7, 2010

This meeting can be viewed on demand through an interactive agenda by clicking: HERE

Opening | Presentation | Receipts | Warrants | Minutes | Reports | Hearing from Residents | Correspondence |
Zoning and Planning Issues
| Old Business | New Business | Executive Session

Opening

The meeting was called to order at 7:04 p.m.  Members of the Board present were: Mr. Kenneth Bryant, Mrs. Jodie Leis, and Mr. John Borchers.

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

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Presentations
No presentations were made.
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Receipts
Receipts totaling $557,837.90 were read and accepted.
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Warrants

MR. BRYANT moved that the Township pay its bills.  Mrs. Leis seconded the motion and all voted 'aye'. Proper certification having been made, warrants totaling $822,826.86 were issued.

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Minutes

Minutes of the following meetings were approved as submitted.
                 January 5, 2010
                January 19, 2010
                February 2, 2010
                February 16, 2010
                March 2, 2010
                March 16, 2010
                April 13, 2010
               May 6, 2010          

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Reports

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

1.  LOVELAND MADEIRA ROAD - Reported that the Hamilton County Engineer has plans to re-do these medians in the fall of 2011.  Mr. Beckman recommended that the Board wait until this project is completed before proceeding the any proposed landscaping.  Mr. Beckman advised that he is still working on plans for the other areas along Loveland Madeira Road.

The Board directed the Township Administrator to add this item to his recap report for discussion later next year.

LT. BUTLER -  Presented the monthly reports.

CHIEF HUBER -  Updated the Board on the status of the Camp Dennison water issue and advised we are still awaiting word from the Hamilton County Prosecutor's Office.

 

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Hearing from Residents

No comments were made.

 

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Correspondence

SHERIFF'S DEPT - June activity reports.

FRANK GATES CO - Revised fee schedule.

GEORGE PILIPOVICH - e-mail regarding coyote activity near Chatham Woods.

WOOD & LAMPING - e-mail regarding Rozzi escrow account.

ROBERT GOERING, HAMILTON COUNTY TREASURER - Notice of Collection of Inheritance Taxes ($50,880.00).

McGILL SMITH -  e-mails regarding Rozzi permits.

cc:WOOD & LAMPING to INTERGYS - e-mail regarding gas aggregation.

TURNER CONSTRUCTION -  e-mails advising wetland credits are not available to Category 2; wetland option document; minutes of wetland meeting and information from Duke.

SARAH CRANE - e-mail regarding Neighborhood Watch program and transient vendors.

COUNTY AUDITOR - Amended Certificate of Appropriations.

DANE VANDEWATER - e-mail regarding tree removal on Rozzi park property.

KNIGHTS OF THE GOLDEN TRAIL - Letter regarding Scary Knight Tours for October.

CINCINNATI HORTICULTURAL SOCIETY - Breakdown of parking fees from Flower Show.

BHE - e-mail regarding wetland impact on Rozzi park property.

cc:COUNTY ENGINEER to COUNTY COMMISSIONERS - Letter regarding vacation of portions of Oak, Maple and Cedar Drive.

ZONING INSPECTION - e-mail response regarding illegal signage.

cc:WOOD & LAMPING to INTEGRYS - e-mail regarding proposed supply agreement.

FRANK GATES CO - Letter regarding recent renewal.

RELIANCE LIFE - Summary of benefits.

SYMMES FIRE - e-mail regarding request from Knights of the Golden Trail.

GREAT TRADITIONS - e-mail regarding island landscaping.

WOOD & LAMPING - e-mail regarding proposed supply agreement and documents for Beckman Road vacation.

cc:WOOD & LAMPING to PATRICK THOMPSON - Letter regarding permanent easement for Humphrey Road sidewalk project.

INTEGRYS - e-mail regarding supply agreement.

SYMMES FIRE - e-mail regarding storm sirens.

GERARD SADDLEMIRE, 9023 FOXHUNTER - Letter of appreciation for recent EMS service.

OHIO DEPARTMENT OF LIQUOR CONTROL - Notice of liquor license from AED Enterprises, LLC, dba Deweys Pizza, 11338 Montgomery Road (45249)

KAREN SOMERSET - e-mail suggesting that more signage is needed to identify Symmes Township.

BHE - e-mail regarding wetland mitigation agreement.

LA SUPPLY - July brush drop-off report.

PERSO - Letter regarding claim filed for 9425 Loveland Madeira Road.

WOOD & LAMPING - Recorded documents for easements. (PLACED IN SAFE).

GREAT TRADITIONS - e-mail regarding return of roadway bond.

USI - e-mail regarding election form for dependent children under Ohio law.

WOOD & LAMPING - e-mail response to inquiry regarding park property across from castle.

cc:PERSO to CHIEF HUBER - Letters regarding denial of claim filed and that claim has been closed

TIME WARNER - 2nd Quarter franchise fee - $47,684.79.

COUNTY ENGINEER - Plat of Loveland Park area.

SARAH CRANE - e-mail regarding posting "no solicitors" signage in neighborhood.

CLARK THEDERS - Letter regarding flood insurance for Remington Fire Station.

SHERIFF'S DEPT - July monthly report.

TRI-CTY TREE - Proposal for trimming of trees at Kerr Cemetery.               

WOOD & LAMPING - e-mail regarding aggregation.

HAMILTON COUNTY DEVELOPMENT - e-mail regarding draft of CRA amendment.

cc:ODOT to GREAT TRADITIONS - e-mail regarding landscaping plans for median.

STATE COMMERCE DEPT - Letter regarding Department of Commerce's Cable TV Consumer Hotline.

PERSO - Notice of claim filed by Isaac Moore.

DUKE RETAIL - e-mail regarding endorsement enrollment form.

DEBBIE DANIEL - e-mail regarding enrollment form received from Duke Retail.

OTARMA - Notice of changes to insurance coverage.

cc:ATKINS & STANG to TURNER - e-mail regarding Rozzi park bid.

M/M MacKENZIE, 9148 WITHERS - Note of appreciation for removal of tree.

cc:MOTOR VEHICLES to LOVELAND - Letter regarding January-March 2010 audit findings.

cc:OPERS to KATHY WAGNER - Letter regarding retirement application.

HAMILTON COUNTY DEVELOPMENT - Letter regarding application process for 2011 Community Development Program.

WOOD & LAMPING - e-mail regarding proposed CRA amendment.

FRAN CARTER - e-mail regarding crack sealing in Morganstrace Subdivision.

DEBBIE DANIEL - e-mail regarding property at 12128 Beech Drive.

JACQUELINE KOEGEL - e-mail regarding Duke's endorsement program.

cc:McBRIDE DALE to SYMMES ZONING - Letter requesting relief to Restrictive Covenants for Harpers Station.

PHIL BECK - e-mail question regarding item #4.
COMMUNITY PRESS - e-mail regarding upcoming story on vacant buildings.

BILL WAITE - e-mail response to zoning violations.

HAMILTON COUNTY AUDITOR - Estimated tax rates and revenue for 2011.

BOARD OF ELECTIONS - Ballot language for safety levy issue.

OTARMA - 2009 Annual Report.

CARE WORKS - 2nd Quarter report.

HAMILTON COUNTY SOLID WASTE - e-mail regarding RRI program.

HAMILTON COUNTY SOIL & WATER - August report on Rozzi project.

cc:HAMILTON COUNTY BUILDING DEPT to DIANA OSBORN - Order issued for property located at 10084 E. Kemper Road.

WOOD & LAMPING - e-mail regarding bond rating agency contracts.

BETH WEBER - e-mail regarding proposed changes to CRA amendment.

HAMILTON COUNTY ENVIRONMENTAL SERVICES - Letter regarding recycling program.

cc:GREAT TRADITIONS to ODOT - Letter regarding permit for landscape median.

INTEGRYS - e-mail response to recent questions on aggregation.

PUCO - Certification as Competitive Retail Electric Service Provider.

LOVELAND - e-mail regarding willingness to participate in Montgomery Road sidewalk project.

KZF - e-mail regarding Montgomery Road sidewalk project.

ODOT - e-mail regarding Montgomery Road sidewalk project.

PAYNE FIRM - Excavation summary report for Rozzi park property.

WILLIAM RIPLEY - e-mail regarding Montgomery Road sidewalk project.

SYMMES FIRE - Yearly report.

OTA - e-mail with CLOUT information.

SYMMES FIRE - e-mail regarding proposal for updating Emergency Operation Plan.

US CENSUS - Thank you letter for participation in recent census.

ROBERT GOERING, HAMILTON COUNTY TREASURER - Notice of Collection of Inheritance Taxes ($79,776.33).         

TERRY ARTHURS - e-mail regarding trees at 9186 Withers Lane.

CHIEF HUBER - e-mail regarding 911 call fees.

CHIEF HUBER - Meeting report for September.

DUKE - Grant of Easement at 11605 Lebanon Road for signature.
NEYRA PAVING - Proposal for sealcoating Safety Center parking area.

FEMA - Letter advising that recent Program Review for Symmes has been closed.

DUKE - Letters of confirmation for switch to Duke Retail.

cc:WOOD & LAMPING to COUNTY COMMISSIONERS - Letter regarding vacation of Beckman Road.

JOHN BORCHERS - e-mail with review of park construction.

BHE - e-mail regarding wetland permit and application.

CHIEF HUBER - e-mail regarding future discussion regarding upcoming budget items.

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Zoning and Planning Issues

MR. BRYANT moved to re-appoint Gregory Kessler, 8345 Chesney Lane (45249) to the Township Zoning Commission for the five year term effective September 4, 2010.  Mrs. Leis seconded the motion.

Mr. Bryant noted that Mr. Kessler was previously appointed to an unexpired term and has served on the Zoning Commission for a short period of term.  The Board would like to give Mr. Kessler an opportunity to serve longer on this commission.

The roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

 

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Old Business

OLD BUSINESS

MR. BECKMAN advised that Duke Retail has received 735 responses (12%-13%) to the electric aggregation program.  They are preparing a second letter and anticipate more residents will take advantage of the program.

MR. BRYANT expressed concern regarding the low response count to this program.

MR. BORCHERS indicated that he did not receive a letter from Duke Retail.

The Board directed the Township Administrator to have Duke Retail explain why some residents have not received this first letter.

MR. BRYANT stated the Township has been certified by PUCO and questioned why Duke Retail is sending out a second "opt-in" letter when they could be moving forward with an "opt-out" aggregation letter.

Mr. Bryant further stated the Board needs to determine the default option for the "opt-out" notification.  Mr. Bryant advised that he will be voting for the 6.19 cost, as this will benefit more residents, instead of the 18% option.

MR. BRYANT moved to direct the Township Administrator to contact Duke Retail and advised them to move forward with the default of 6.19 for the "opt-out" letter.  Mrs. Leis seconded the motion.

MRS. LEIS stated she agreed with Mr. Bryant's comments, but would like residents to have the ability to make their own decision as to what option to choose.

MR. BRYANT stated that residents will still have a choice between the fixed cost and the percentage off.  However, any residents not making a decision would then receive the fixed cost.  The Board should be making this decision rather than Duke Retail.

MRS. LEIS stated that made sense.

The roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

MR. BRYANT stated he would also like to talk about natural gas aggregation.  Mr. Bryant advised that he felt it was important for the Board to understand what the cost would be to residents for the two-year period.

Mr. Bryant reviewed information received from Intergrys regarding historical data for a fixed cost and a variable cost.  Mr. Bryant advised he has taken these numbers and provided the Board with a presentation based on his own personal usage during this timeframe.  Mr. Bryant further advised this presentation also reflects two other residents' usage.  Mr. Bryant stated, that based on this information, there does not appear to be a large savings to residents on a natural gas aggregation program. 

Mr. Bryant advised that Intergrys is willing to offer two options - a capped rate with flexed down or a variable rate.  This offer is based on the Board's approval of a supply agreement at the October meeting.

MR. BORCHERS updated the Board on the status of discussion between Turner Construction and the contractors.  Mr. Borchers advised the start date is now projected for December. 

MR. BECKMAN advised that the consultant has received the wetland letter and there is a resolution on the agenda for the purchase of wetlands.  However, this will be a four week process.

MR. BORCHERS reviewed information regarding this project.  Mr. Borchers noted that the additional cost is now estimated at $240,000.00 and there is also concern about missed work days due to weather delays.  Mr. Borchers advised the Board has two options - move forward and spend an additional $240,000.00 on the project or reject the bids and re-advertise in December/January.  Mr. Borchers recommended that the Board reject the bids and re-advertise.

MRS. LEIS stated she agreed with Mr. Borchers that there is no need to rush into this project.

MR. BRYANT moved to reject all bids received for the Rozzi park property development project.  Mrs. Leis seconded the motion and the roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

MR. BECKMAN stated he will work with Turner Construction and Mr. Borchers to discuss a future bid opening date.

MRS. LEIS requested that members of the Ad Hoc Parks Expansion Committee be apprised on these actions.

MR. BRYANT moved to adopt the following resolution:

RESOLUTION G2010-22
Resolution Adopting Procedures Regarding
Purposes and Confidentiality
            of Executive Sessions Conducted by
           the Symmes Township Board of Trustees

                WHEREAS, Section 121.22 of the Ohio Revised Code establishes rules and guidelines regarding the notices and conduct of public meetings held by the Board of Trustees; and
               
                WHEREAS, the Ohio Revised Code also provides for a Board of Trustees to adjourn into executive session to discuss certain limited matters; and
               
                WHEREAS, the intent of permitting executive sessions is to provide a forum for discussion that will enable better, more informed deliberations and decisions which must be made during the course of a public meeting; and
               
                WHEREAS, the Ohio Revised Code does not provide clear guidelines concerning the confidentiality of discussions which may occur during a properly convened executive session; and
               
                WHEREAS, the Board of Trustees may establish rules and guidelines concerning confidentiality of matters discussed in executive session.
               
                NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio that:

          Section 1.The Board of Trustees hereby adopts the following rules and guidelines for convening and conducting executive sessions by the Board of Trustees.  In construing these rules and procedures, if there is any conflict between these rules and procedures and the relevant sections of the Ohio Revised Code, the relevant provisions of the Ohio Revised Code shall prevail.

EXECUTIVE SESSION
An “executive session” is a private conference between members of the Board of Trustees from which the public is excluded. The Board of Trustees is permitted to invite anyone it chooses into an executive session, and, conversely, may exclude anyone (other than a member of the Board) it so chooses.
              
Because an executive session means that discussions on public business will occur outside the public view, there are limitations on the use of executive sessions. First, there are limited reasons for which an executive session may be called. Second, there is a specific procedure that must be followed when the Board of Trustees adjourns into executive session. Finally, the Board of Trustees may not take any formal action, decision, or vote in an executive session.
              
If the Board of Trustees is challenged in court for discussions or deliberations held in executive session, the Board of Trustees has the burden of proof to establish that one of the statutory exceptions permitted the executive session.
              
There are very limited valid reasons for the Board of Trustees to adjourn into executive session.

               1.Personnel. To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual request a public hearing.  Except as otherwise provided by law, no public body shall hold an executive session for the discipline of an elected official for conduct related to the performance of the elected official’s official duties or for the elected official’s removal from office.  If a public body holds an executive session pursuant to division (G)(1) of this section, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in division (G)(1) of this section are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at the meeting.

               2.Property. A public body may adjourn into executive session to consider the purchase of property, whether real or personal, whether it is tangible or intangible. A public body may also adjourn into executive session to consider the sale of property by competitive bid (real or personal property) if disclosure of the information would result in a competitive advantage to the other side. No member of a public body may use this exception as subterfuge for providing covert information to prospective buyers or sellers.

                3.Court Action. A public body may adjourn into executive session with the public body’s attorney to discuss pending or imminent court action. Court action is “pending” if a lawsuit has been commenced; court action is “imminent” if it is on the point of happening or is impending. A public body may not use this exception to adjourn into executive session for discussions with a board member who also happens to be an attorney – the attorney should be the duly appointed counsel for the public body.

                4.Confidential Matters. A public body may adjourn into executive session to discuss matters required to be kept confidential by federal law, federal rules, or state statutes. If a Member of the Board of Trustees is unsure as to whether something is confidential for purposes of this exception, the Member of the Board of Trustees is urged to request the Township Administrator  to pose the question to the Law Director. If a document is a “public record” and is not otherwise exempt under one of the exceptions to the Public Records Act, the record will be subject to public disclosure not withstanding the appropriateness of confidential discussions about it.

                5.Security Matters. A public body may adjourn into executive session to discuss details of security arrangements and emergency response protocols where disclosure could be expected to jeopardize the security of the public body or public office.
               
An executive session must always begin and end in an open meeting. There must be a proper motion, a second, and a roll call vote to adjourn into an executive session. There is no requirement for placing an executive session at any particular point on the agenda.
               
                The Motion. The open meetings law itself indicates that a motion for executive session must specifically identify “which one or more of the approved matters listed¼ are to be considered at the executive session. [For e.g.  I move that Board of Trustees adjourn into executive session for the purpose of discussing imminent litigation.”]

                The Second. After the motion, there must be a second on the motion.

                The Roll Call Vote. Members of a public body may adjourn into executive session only after a majority of a quorum of the Board of Trustees approves the motion by a roll call vote. The vote may not be by acclamation or by show of hands, and the vote must be recorded in the minutes.

                No Formal Action. There can be no formal action taken in an executive session. And if a public body does take formal action in an executive session (or otherwise violates the open meetings law), the resulting action is invalid. This is also true if a meeting is held without proper notice.

                Specific Topics. Only matters specifically listed (identified) may be discussed in executive session.

          Disclosing Information.  The Open Meetings Act by itself does not prohibit the Board of Trustees or a Member of the Board of Trustees from disclosing the information discussed in an executive session. However, other provisions of law may prohibit such disclosure, depending on the subject matter. Nevertheless, it is hereby adopted by the Board of Trustees that all matters discussed in executive session shall hereby be deemed to be confidential.

               Section 2.This Resolution shall become effective from and after the earliest period allowed by law.

Mrs. Leis seconded the motion.

MR. BRYANT noted that this resolution lacks penalty for disclosure of confidential information.

MR. MALLOY stated there is a procedure in the Ohio Revised Code under the Ethics Commission.  This commission can take any action as necessary.  Mr. Malloy advised he would provide the Board with a copy of this procedure.

The roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

 

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New Business

MR. BRYANT moved to appoint Julie Byrne, 9178 Pinewood Drive (45140) to the Finance & Audit Committee for an unexpired term ending July 18, 2013.  Mrs. Leis seconded the motion.

Mr. Bryant noted that the Board interviewed several well-qualified residents earlier this evening.  Mr. Bryant advised that all candidates were well-qualified and willing to work for the Township.

The roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

MR. BRYANT moved to adopt the following resolution:

RESOLUTION G2010-23

       Resolution Providing for the Abatement of
Vegetation and Other Debris from Property Located
         at 12044 Cinnamon Street

               WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, enacted Resolution G-8707, Resolution Providing for the Abatement, Control, or Removal of Vegetation, Garbage, Refuse, and Other Debris from Land in the Township, on August 18, 1987; and

               WHEREAS, a complaint has been received regarding the condition of property located at 12044 Cinnamon Street (Parcel 620-0061-0998); and

               WHEREAS, a visual inspection of said property has revealed that the complaint is valid in that there is vegetation and other debris located on the property; and

                WHEREAS, Resolution G-8707 provides that the Board of Trustees of Symmes Township, Hamilton County, Ohio, may at its discretion order the abatement of vegetation and other debris from land in the Township; and

                WHEREAS, Resolution G-8707 provides that should such vegetation and other debris not be abated, the Board of Trustees of Symmes Township, Hamilton County, Ohio, will provide for the abatement and any expenses incurred by the Township in performing such task shall be a lien upon the land if not paid by the property owner.

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

Section 1.Hereby invokes Resolution G-8707 against parcel #620-0061-0998 - 12044 Cinnamon Street.

Section 2.Hereby directs the Township Administrator to notify the property owner, Kenwyn R. Maynes, to abate the nuisance.

Section 3.Hereby authorizes the Township Administrator to take appropriate measures and approves an expenditure to provide for the abatement of this nuisance.

Section 4.Hereby directs the Township Fiscal Officer to pay out of the Township general fund for all expenses incurred for the removal of the vegetation and other debris and to bill the property owner for said expenses.

Section 5.Hereby directs the Township Fiscal Officer to enter upon the tax duplicate for said expenses if not paid within fourteen (14) days from date of billing.

Mrs. Leis seconded the motion.

MR. BECKMAN presented the Board with pictures of this property.  The Township has worked with this owner who has made some attempt to abate the nuisance.  However, the Township needs to move forward with action.

The roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

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

RESOLUTION G2010-24
Resolution Authorizing the Construction of Sidewalks
Along the Montgomery Road (Route 22 and 3) Corridor
             in Symmes Township and Authorizing an Application for
a Grant to the Urban Area Transportation Enrichment Program
       of the Ohio-Kentucky-Indiana Regional Council of Governments
          and Dispensing with the Second Reading

                WHEREAS, Symmes Township desires to construct one 5-foot sidewalk along the west side of Montgomery Road (Routes 22 and 3) from the Symmes Township southern boundary to Harper’s Station and Harper’s Point shopping centers in Symmes Township; and

               WHEREAS, Symmes Township desires to construct two 5-foot sidewalks along the portions of Montgomery Road (Routes 22 and 3) that fronts Harper’s Station and Harper’s Point shopping centers in Symmes Township; and
              
               WHEREAS, Symmes Township desires to construct one 5-foot sidewalk along the west side of Montgomery Road (Routes 22 and 3) from Kemper Road to Union Cemetery Road Symmes Township; and
              
               WHEREAS, Symmes Township desires to construct two 5-foot sidewalks along the portions of Montgomery Road (Routes 22 and 3) from Union Cemetery Road to the Warren County line in Symmes Township;

               WHEREAS, the Symmes Township Board of Trustees approves of an application for a grant from the Ohio-Kentucky-Indiana Regional Council of Governments ("OKI") Urban Area Transportation Enhancement Program; and

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

               Section 1.That the Township desires to construct one sidewalk, five feet in width, which would run parallel to the west side of Montgomery Road from Station 61 + 50.00 the Symmes Township southern boundary to station 211 + 93.92 (the northern line of Symmes Township in Hamilton County).

               Section 2.That the Township desires to construct one sidewalk, five feet in width, which would run parallel to the east side of Montgomery Road from station 90 + 82.11 the driveway of Harper’s Point to station 102 + 96.92, the southeast corner of the Kemper Road intersection, and

                         That the Township desires to construct one sidewalk, five feet in width, which would run parallel to the east side of Montgomery Road from station 185 + 63.59 the southeast corner of the Union Cemetery Road intersection to station 212 + 90.16, (the northern line of Symmes Township in Hamilton County).

               Section 3.That the Board of Trustees of Symmes Township authorizes the submittal of an application for funding for the Project under the Urban Area Transportation Enhancement Program administered by OKI and agrees that if selected for funding, the Township will serve as a formal sponsor for the Project along with the Hamilton County Engineer.

               Section 4.That the Township acknowledges that the maximum grant would be 80% of the estimated cost of the Project.

               Section 5.That the estimated cost of the Project is $891,750.00; that the Township's local share of the Project would be a minimum of $178,350.00, plus 100% of the amount by which any subsequent construction cost which exceed the estimated cost of the proposed Project; and that the Township is responsible for the preconstruction costs associated with the Project, including, but not limited to, environmental investigations, mitigation and documentation; hazardous waste assessments and corrections; permit procurements, preliminary engineering costs; and final construction design.

          Section 6.That the Township acknowledges that if funding is approved by OKI, the Township Administrator is authorized to enter into one or more binding contractual standard agreements with the Ohio Department of Transportation ("ODOT"), District 8, regarding the development and implementation of the Project in accordance with the standards, policies and guidelines of ODOT and the Federal Highway Administration ("FHWA") including, but not limited to, the provisions of the National Environmental Policy Act and ODOT Project development processes.

                Section 7.That the Township recognizes that OKI Urban Transportation Enhancement Program is a cost reimbursement program, and the Township would be required to pay construction contractors and submit paid invoices to ODOT for reimbursement at the agreed-upon percentage rate.

                Section 8.That the Township further acknowledges that as a sponsor of this Project that it will be obligated to maintain the project on a long-term basis after it is constructed.

                Section 9.That the Township further acknowledges that if awarded funding for the Project, it is prepared to make every reasonable effort to carry the Project forward to construction within 3 years of the date of the award of the funding subject to compliance with ODOT/FHWA standards, policies and guidelines as referenced above in this resolution.

                Section 10.That the Township administration is authorized to sign, on behalf of the Township, all necessary applications, contracts, agreements and other documents necessary to initiate and complete the Project.

                Section 11.That the Trustees of Symmes Township, upon a majority vote, do 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 12.That this Resolution take effect on the earliest date allowed by law.

Mrs. Leis seconded the motion.

MR. BECKMAN advised this resolution will permit the Township to apply for an OKI grant for a sidewalk along Montgomery Road.  The estimated cost of this project is $891,750.00 of which eighty (80%) percent will be paid by the organization through the grant.

The roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

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

RESOLUTION P2010-01

       Resolution Amending Health Related Insurance Policy
   for Township Personnel
and Dispensing with the Second Reading

               WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, adopted a Symmes Township Personnel Policy Manual which established guidelines for Township employees in 1992; and

               WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, wishes to update the Personnel Policy Manual; and

               WHEREAS, the Township Administrator has reviewed the Personnel Policy Manual and has recommended a change in order to clarify the current Health Related Insurance Policy for Township personnel; and

               WHEREAS, the Township Administrator has recommended additional changes to the Health Related Insurance Policy for all full-time and part-time regular personnel.

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

               Section 1.Hereby adopts the revised Health Related Insurance Policy for Township Personnel as outlined in Exhibit "A" effective July 1, 2010.

               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 authorize the adoption of this Resolution upon its first reading.

Mrs. Leis seconded the motion and the roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

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

RESOLUTION G2010-25
       Resolution Authorizing Execution of Wetlands
        Mitigation Agreement with Red Stone Farm, LLC
and Dispensing with the Second Reading

               WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, has determined the necessity of purchasing certain wetland property for public purpose; and

               WHEREAS, Red Stone Farm, LLC, has offered to sell to the Board of Trustees of Symmes Township the parcel of property listed in Attachment “A”, located in the Red Stone Farm, LLC Mitigation Bank, Pike County, Ohio, for public purpose; and

                WHEREAS, a Purchase Contract has been prepared which sets forth reasonable terms and conditions for the acquisition of said property by the Symmes Township Board of Trustees.

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

                Section 1.Hereby enters into a Purchase Contract substantially in the form set forth on Attachment “A” hereto.  The purpose of the acquisition of this property is to purchase land for public purpose. 

                Section 2.Hereby authorizes and directs the Township Fiscal Officer to make necessary payments on behalf of Symmes Township as are in accordance with the terms set forth in said Purchase Contract.

                Section 3.Hereby authorizes and directs the Township Administrator to execute any and all closing documents on behalf of the Board of Trustees and to ensure that all documents are in accordance with the terms set forth in said Purchase Contract.

                Section 4.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 5.This Resolution shall take effect and be enforced from and after the earliest period allowed by law..

MRS. LEIS seconded the motion and the roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

MR. BRYANT moved to adopt the following resolution:

RESOLUTION G2010-26

Resolution Authorizing the Issuance and Sale
of Not to Exceed $8,500,000
  Parkland Acquisition and Improvement Limited Tax
   General Obligation Bonds, Series 2010

                WHEREAS, Symmes Township, Hamilton County, Ohio, is a limited home rule township under Chapter 504 of the Ohio Revised Code; and

                WHEREAS, Chapter 133 of the Ohio Revised Code provides authority for this Board to issue its obligations to finance the cost of acquiring park land and constructing improvements to such park land in the Township; and

                WHEREAS, the Fiscal Officer, the fiscal officer of this Township has heretofore estimated that the life of the improvements hereinafter described is at least five (5) years, and certified that the maximum maturity of the bonds issued therefore is thirty (30) years; and

               WHEREAS, bond anticipation notes which have previously been issued and are outstanding are about to mature and should be permanently refinanced in an amount not to exceed $8,500,000;

               NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township (hereinafter called the “Board”), County of Hamilton, Ohio, all members elected thereto concurring:

               Section 1.That it is necessary to issue Bonds of the Board in the principal sum of not to exceed $8,500,000 for the purpose of permanently financing the cost of acquiring park land and constructing improvements to such park land, together with permissible costs under the Uniform Public Securities Law, including financing costs, the cost of municipal bond insurance (if any), the cost of printing the Bonds or other evidences of indebtedness, expense of delivery of bonds, the cost and expenses of The Depository Trust Company, service charges of the paying agent, legal services and obtaining an approving legal opinion and other permissible costs, under authority of the general laws of the State of Ohio, particularly Chapter 133 of the Ohio Revised Code.  Said Bonds shall be dated, shall mature, shall bear interest, and shall be subject to mandatory and optional redemption as set forth in the Bond Purchase Agreement which is hereby authorized and which shall be executed by the Township Administrator without further action of this Board.  The interest rate on the Bonds shall not be in excess of six percent (6.00%) per annum.  Said Bonds shall be issued in denominations of $5,000 or integral multiples thereof.  Interest shall be payable semiannually on June 1 and December 1 of each year, until the principal sum is paid.

               Section 2.Said Bonds shall be designated “ParkLand Acquisition and Improvement Bonds, Series 2010”.  The Bonds shall express upon their faces the purpose for which they are issued and that they are issued in pursuance of this resolution.  The Bonds shall be in fully registered form.  The Bonds shall bear the signatures of at least two of the members of this Board of Trustees and of the Township Fiscal Officer, which may be facsimile signatures, provided that the Bonds shall bear the manual authenticating signature of an authorized representative of the paying agent and registrar as determined by the Township Administrator and set forth in the Bond Purchase Agreement (the “Paying Agent and Registrar”) for the Bonds.  The principal amount of each Bond shall be payable at the principal office of the Paying Agent and Registrar and interest thereon shall be payable on each interest payment date to the person whose name appears on the record date (May 15 and November 15 for each June 1 and December 1 interest payment date, respectively) on the bond registration records as the registered owner thereof, by check or draft mailed to such registered owner’s address as it appears on such registration records.

                          The Bonds shall be transferable by the registered holder thereof in person or by his attorney duly authorized in writing at the principal office of the Paying Agent and Registrar upon presentation and surrender thereof to the Paying Agent and Registrar.  The Township and the Paying Agent and Registrar shall not be required to transfer any Bond during the 15-day period preceding any Interest Payment Date, and no such transfer shall be effective until entered upon the registration records maintained by the Paying Agent and Registrar.  Upon such transfer, a new Bond or Bonds of authorized denominations of the same maturity and for the same aggregate principal amount will be issued to the transferee in exchange therefor.

                          The Township and the Paying Agent and Registrar may deem and treat the registered owner of the Bonds as the absolute owner thereof for all purposes, and neither the Township nor the Paying Agent and Registrar shall be affected by any notice to the contrary.

              Section 3.The full faith, credit and revenues of the Township are hereby irrevocably pledged and for the purpose of providing the necessary funds to pay the interest on the foregoing issue of Bonds promptly when and as the same falls due, and also to provide a fund sufficient to discharge the Bonds at maturity, there shall be and is hereby levied on all the taxable property in said Township, in addition to all other taxes, a direct tax annually during the period said Bonds are to run, inside of the limitations of Section 2 of Article XII of the Constitution of Ohio, which tax shall be sufficient in amount to provide for the payment of the interest upon said Bonds when and as the same falls due and to provide for the retirement and discharge of the principal of said Bonds at maturity.

                          Said tax shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers, in the same manner and at the same time that taxes for general purposes for each of said years are certified, extended and collected.  Said tax shall be placed before and in preference to all other items and for the full amount thereof.  The funds derived from said tax levies hereby required shall be placed in a separate and distinct fund, which, together with all interest collected on the same, shall be irrevocably pledged for the payment of the interest and the principal of said Bonds when and as the same fall due;
                          provided, however, to the extent that in each year other available funds are appropriated and applied to the payment of the principal and interest of said Bonds, the amount of such tax shall be reduced by the amount of said funds so appropriated and applied to such payment.


          Section 4.That said Bonds shall be sold to RBC Capital Markets Corporation, as set forth in the Bond Purchase Agreement.  The proceeds from the sale of said Bonds, except the premium, if any, and accrued interest, shall be used for the purposes aforesaid and for no other purpose; the premium and accrued interest, if any, shall be transferred to the bond retirement fund to be applied to the payment of the principal of and interest on said Bonds in the manner provided by law.

               Section 5.That the Board hereby covenants that it will restrict the use of the proceeds of said Bonds hereby authorized in such manner and to such extent, if any, and take such other actions as may be necessary, after taking into account reasonable expectations at the time the debt is incurred, so that they will not constitute obligations the interest on which is subject to federal income taxation or “arbitrage bonds” under Section 103(b)(2) and 148 of the Internal Revenue Code of 1986, as amended (the “Code”) and the regulations prescribed thereunder.  The Fiscal Officer or any other officer having responsibility with respect to the issuance of the Bonds is authorized and directed to give an appropriate certificate on behalf of the Board, on the date of delivery of the Bonds for inclusion in the transcript of proceedings, setting forth the facts, estimates and circumstances and reasonable expectations pertaining to the use of the proceeds thereof and the provisions of said Sections 103(b)(2) and 148 and regulations thereunder.

                         These Bonds are hereby designated “qualified tax-exempt obligations” for the purposes set forth in Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.

               Section 6.That it is hereby determined that all acts, conditions and things necessary to be done precedent to and in the issuance of said Bonds in order to make the same legal, valid and binding obligations of the Board have been done, have happened and have been performed in regular and due form as required by law, and that said issue of Bonds and the tax for the payment of their principal and interest as the same fall due and are payable do not exceed any limitations of indebtedness or taxation fixed by law.

               Section 7.That this Board hereby authorizes any member hereof, the Administrator, or the Fiscal Officer to take any and all actions which may be necessary to issue the Bonds in book-entry only form without further action by this Board, and further authorizes any member hereof the Administrator or the Fiscal Officer to execute any documents necessary or appropriate to accomplish the issuance of the Bonds.

               Section 8.The Fiscal Officer and the Administrator are hereby authorized, if deemed necessary by Bond Council, to prepare and cause to be circulated a preliminary official statement with respect to the Bonds in form and content satisfactory to them, and to prepare, execute and deliver to the original purchaser of the bonds a  reasonable number of copies of an official statement which shall be deemed to be final for purposes of SEC Rules 15c2-12.  The execution of the final official statement by such officer shall be conclusive evidence of its authorization and approval.

                Section 9.The Fiscal Officer or the Administrator having charge with respect to the issuance of the Bonds is hereby further authorized to execute on behalf of the Township a Continuing Disclosure Certificate, in such form and containing such terms, covenants and conditions not inconsistent with this Resolution, and to take such other actions as may be necessary to comply with the requirements of Securities and Exchange Commission Rule 15c2-12, as amended from time to time.

                Section 10.The Fiscal Officer or the Administrator is hereby authorized to apply, if he deems it appropriate, for a rating on the Bonds from either Standard & Poor’s Corporation or Moody’s Investors Service, and/or to purchase bond insurance, and to pay the fee or premium for said rating and/or insurance to the extent authorized by law and approved by bond counsel.
                Section 11.That the Township Administrator, the Fiscal Officer, any member of the Board of Trustees and any other officer is hereby authorized to execute any document deemed necessary by bond counsel to carry out purposes authorized by this Resolution.

                Section 12.This Board hereby establishes a Rebate Fund and covenants to take all actions necessary to comply with the rebate requirements applicable to investment of the bond proceeds contained in Section 148 of the Code and the Treasury regulations thereunder.  The Fiscal Officer is hereby authorized and directed to execute and deliver on behalf of the Township a Rebate Calculation and Yield Reduction Calculation Agreement with Peck, Shaffer & Williams LLP to provide professional services in accordance with the requirements of the Code and applicable  regulations thereunder with respect to arbitrage rebate.

                Section 13.That it is found and determined that all formal actions of the Board concerning and relating to the adoption of this resolution were adopted in an open meeting of the Board; and that all deliberations of the Board 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.

                Section 14.That the Fiscal Officer of the Board be and is hereby directed to forward a certified copy of this resolution to the County Auditor.

Mrs. Leis seconded the motion.

MR. BORCHERS reminded the Board that the Township has been dealing with a note for the Rozzi project.  Mr. Borchers advised that it is now time to move into a bond as the rates are very good.  Mr. Borchers recommended that the Board start taking action now for December purchase.

The roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

MR. BECKMAN updated the Board on recent discussions to bring a large business into the Township.  These discussions have been going on for several months and it now appears that Symmes Township is being considered.  This large business will bring in about eight hundred (800) jobs immediately and up to an additional one hundred fifty (150) over the next four years.  They are requesting an additional percentage on the tax abatement provided in the Community Reinvestment Area resolution for the Montgomery Road area.  Mr. Beckman advised he has been in discussions with the Sycamore Board of Education regarding this amendment and the company has indicated they would be willing to enter into a pilot program with the Sycamore Community School District.

Mr. Beckman requested the Board to allow him to continue working on the amendment to the CRA resolution, as well as discussions with the company.  The amendment would only deal with a company bringing in more than seven hundred fifty (750) jobs.

MR. BRYANT moved to direct the Township Administrator to proceed with negotiations and to prepare the necessary resolution for adoption at the next meeting.  Mrs. Leis seconded the motion and the roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

The Board agreed this is a fantastic opportunity for the Township and its businesses.

MR. BRYANT moved to approve a grant of easement with Duke Energy for electric facilities at 11605 Lebanon Road.  Mrs. Leis seconded the motion and the roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

MR. BRYANT moved to authorize the release of a $10,000.00 bond from Great Traditions for road improvements at intersection of Kemper Road and Vintage Walk.  Mrs. Leis seconded the motion.

MR. BECKMAN advised the work has been completed and Great Traditions has requested release of the bond.

The roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

Mr. Bryant moved to authorize Township Service personnel to attend annual Hamilton County snowplow training on September 22, 2010.  Mrs. Leis seconded the motion and the roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

Mr. Bryant moved to authorize two Township Service personnel to attend Culvert Inventory & Inspection seminar on October 28 in Lebanon, OH.  Mrs. Leis seconded the motion and the roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

Mr. Bryant moved to authorize two Township Service personnel to attend Concrete Pavement Preservation seminar on November 9 in Lebanon, OH.  Mrs. Leis seconded the motion and the roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

Mr. Bryant moved to authorize Bill Pitman and Carol Sims to attend Local Damage Assessment Refresher seminar on October 20 at the Safety Center.  Mrs. Leis seconded the motion and the roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

Mr. Bryant moved to authorize Bill Pitman to attend Debris Management Overview seminar on October 20 at the Safety Center.  Mrs. Leis seconded the motion and the roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

MR. BRYANT moved to establish October 31 from 6:00 p.m. to 8:00 p.m. for Halloween Observance.  Mrs. Leis seconded the motion and the roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

Mr. Bryant moved to approve:

                          a.Expenditure in an amount not to exceed $20,000.00 for 2nd Quarter franchise fee payment
                          b.Expenditure in the amount of $5,449.99 for the purchase of replacement shutters for Meade House
                          c.Additional expenditure (Then & Now) in the amount of $487.19 for agreement with Bricker & Eckler for development of Architect contract, Architect contract with a Construction Manager (CM) and contract for a CM for the development of the Rozzi property
                          d.Expenditure (Then & Now) in the amount of $870.00 for material for trail extension in Meade Park         
                          e.Expenditure (Then & Now) in the amount of $880.00 for flush vacuum cleaning and television inspection at 11721 Symmes Valley
                          f.Expenditure (Then & Now) in the amount of $1,225.85 for repairs to Excursion
                          g.Expenditure (Then & Now) in the amount of $1,060.20 for snow plow repairs
                          h.Additional expenditure (Then & Now) in the amount of $104.61 for agreement with The Payne Firm, Inc. to excavate two shallow areas in preparation for application of the Ohio Voluntary Action Program Residential Use
                          i.Expenditure in an amount not to exceed $8,000.00 for publication and distribution of newsletter
                          j.Expenditure in an amount not to exceed $1,800.00 for update to Township Emergency Operations Plan
                          k.Expenditure in an amount not to exceed $2,200.00 for painting of Seven Gables restroom facility
                          l.Expenditure in the amount of $2,790.00 for seal coating and re-striping of parking area at Meade park property
                          m.Expenditure in the amount of $1,495.00 for seal coating of new pavement area in Kerr Cemetery
                          n.Expenditure in the amount of $3,600.00 for new gear lockers at Remington Fire Station

                         o.Expenditure in the amount of $5,885.00 for roadway sealing of Morganstrace Drive

                         p.Expenditure in the amount of $3,795.00 for seal coating and re-striping of new parking area at Safety Center

                         q.Expenditure (Then & Now) in the amount of $1,007.62 for A/C repairs to M60

                         r.Expenditure in the amount of $2,143.44 for the purchase of three (3) EZ-IV drivers for EMS units
                         s.Expenditure in the amount of $1,376.10 for repairs to park gator

The Board had no objection to the liquor license for AED Enterprises, LLC, dba Deweys Pizza, 11338 Montgomery Road (45249).

The Board approved the following cemetery deed:
 - Becky Peters, Kerr Cemetery, Lot 509, Grave 8.


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Executive Session

MR. BRYANT moved that the Board enter Executive Session to discuss the employment of a public employee.  Mrs. Leis seconded the motion and the roll call vote was as follows:  Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

The meeting adjourned for Executive Session at 8:30 p.m.

The meeting reconvened from Executive Session at 9:03 p.m.

MR. BRYANT moved to enter into a contract with Effrom & Associates for consulting services and to approve an expenditure in an amount not to exceed $10,000.00 for said services.   Mrs. Leis seconded the motion and the roll call vote was as follows: Mr. Beck - 'absent'; Mr. Bryant - 'aye'; Mrs. Leis - 'aye'.

The meeting adjourned at 9:04 p.m. 

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