MR. MINAMYER noted that the regular meeting for November falls on Election Day. Mr. Minamyer moved to re-schedule the November regular meeting from November 6 to November 13. Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer proposed that the Ad Hoc Park Expansion Committee be increased to nine (9) members. There are applicants present who are still interested in serving on this committee.
MRS. WAGNER stated she felt that nine (9) would be a good number for this committee since this is a large tract of land and there is a lot to be done.
MR. BRYANT read from the minutes of June 5, 2007, at which time Mr. Minamyer stated he felt the committee should consist of five members and Mrs. Wagner stated she felt there should be seven numbers. Mr. Bryant stated the Board interviewed residents and made the selection in order to balance the committee. Mr. Bryant questioned what had changed to justify increasing the committee to nine members.
MRS. WAGNER stated she felt more members would provide better ideas for the site.
MR. BRYANT stated he would like to have a recommendation from the existing committee before increasing the number of members. Mr. Bryant further stated that there are four interested residents in attendance. Mr. Bryant moved to expand the committee to eleven. There was no second to this motion.
MRS. WAGNER questioned if those residents in attendance had any comments.
MIKE COTSONAS, 10334 RIVERWALK LANE (45140) - Stated he was one of the residents interviewed and not selected. When he was advised there was a possibility of the committee being expanded, he wanted to attend tonight's meeting. Mr. Cotsonas further stated he felt the committee could benefit from having additional members and diverse opinions.
LARRY RIESENBERG, 9630 ALLEGRO (45140) - Stated he was disappointed in the process in that after he was interviewed in August and then there was a newspaper article requesting residents to apply for the committee. Mr. Riesenberg questioned why this happened and have many applications were received.
MR. MINAMYER stated there were only six (6) residents originally interviewed for a committee of seven. Mr. Minamyer advised that twelve applications were received.
MR. BRYANT stated that after interviewing the residents in Executive Session, the Board directed the Township Administrator to advertise for additional applications.
MRS. WAGNER moved to amend Resolution PR-0701 to expand the Ad Hoc Park Expansion Committee to nine (9) members. Mr. Minamyer seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'abstain'.
MR. MINAMYER questioned who the Board wished to appoint for these two positions.
MRS. WAGNER stated she would like to see more women on the committee - one would be Shellie Housley and the other would be Jodie George. Mrs. Wagner moved to appoint these two women to the committee. There was no second.
MR. BRYANT stated that Staff had notified the residents of this discussion and noted that these two applicants are not in attendance.
MR. MINAMYER noted he was advised that Mrs. Housley is unable to drive at night. Mr. Minamyer stated she might not be an appropriate selection because of this issue. Mr. Minamyer further stated that Mrs. Housley and Mrs. Leis are associated with the same sport and that currently lacrosse is not represented on the committee.
MR. BRYANT stated he is unable to make a decision on just two since they all have good qualifications.
MRS. WAGNER stated she feels the committee needs more women.
MR. MINAMYER agreed that there is a need for more women; however, there is a need for lacrosse sport to be represented. Mr. Minamyer questioned if Mrs. Wagner would like to appoint Jodie George to the committee.
MRS. WAGNER stated she feels the committee should have more women, as well as those in attendance tonight.
MR. MINAMYER questioned if Mrs. Wagner wished to make a motion to increase the committee to thirteen.
MRS. WAGNER moved to amend Resolution G-0701 to expand the Ad Hoc Park Expansion Committee to thirteen (13) members. Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'nay'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
MR. MINAMYER questioned who the Board wished to appoint to these additional six openings.
MR. BRYANT moved to appoint the following to the Ad Hoc Park Expansion Committee:
Mike Cotsonas
Larry Riesenberg
Alex Rawlings
Jodie George
Henry Harris, Jr.
Shellie Housley
Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
MR. MINAMYER stated the Board needs to appoint a Liaison to this Committee. Mr. Minamyer advised that since he serves as the Liaison to the Ad Hoc Master Plan Committee he was not interested in serving on this committee. Mr. Minamyer questioned if there was motion.
MRS. WAGNER moved to appoint Mrs. Wagner as the Liaison.
MR. BRYANT moved to appoint Mr. Bryant as the Liaison.
MR. MINAMYER seconded Mr. Bryant's motion. The roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
MR. MINAMYER advised he, and Mr. Brinkman, meet with a representative from Cincinnati Hills Christian Academy regarding the use of the Harpers Station Greenspace for a cross country meet. Mr. Minamyer advised there is currently usable, unimproved walkway; however, there are some soft spots. Mr. Minamyer stated he is not proposing a paved or mulch area - just having Township Staff pack down the ground on a routine basis.
MR. BRINKMAN stated this walkway is 1/2 mile around and agreed with Mr. Minamyer's suggestion.
MR. BRYANT stated he would like to see a recommendation from Staff for this walkway.
The Board directed Staff to bring a recommendation to the November meeting.
MR. MINAMYER stated he would like the Board to consider the installation of a sidewalk on the north side of E. Kemper Road from Kemperwoods Drive to Montgomery Road. Mr. Minamyer advised this was part of the original plan for the development of Blong Memorial Park. It was taken out of the contract with Union Savings Bank. The park will soon be completed and there are sidewalk funds available.
The Board agreed to direct the Township Administrator to pursue all necessary steps to begin the process and to place this issue on the November agenda.
MR. MINAMYER stated he is recommending to replace the current Ethics Policy in the Employee Manual with one proposed by himself. Mr. Minamyer stated this is a ethics policy available on the Ethics Commission's website.
MR. BRYANT questioned if the Ohio Revised Code would override the Township's policy.
MR. MINAMYER stated the Ohio Revised Code would apply; however, this proposed policy pulls all the sections together for easier reference.
MR. MALLOY agreed that the Ohio Revised Code would apply over the Township's adopted policy.
MR. MINAMYER requested everyone to review this information for additional discussion/action at the November meeting.
MR. MINAMYER advised the Township has received a proposal for the removal of cinder block building on the Meade property and recommended the Board take the appropriate action.
MR. BRYANT questioned if there was any viable use for this building before removing the structure.
MR. MINAMYER stated this building is not usable and a new building would be more suitable.
Mr. Minamyer moved to entered into an agreement with Fiscus Trucking for the removal of the cinder block building on the Meade property and to approve an expenditure in the amount of $9,875.00 for said work. Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
MR. MINAMYER moved to adopt the following resolution:
RESOLUTION G-0739
Resolution Proclaiming
September 15, 2007
as Sycamore Presbyterian Church Day
In Honor of Its 100th Annual Lawn Fete
WHEREAS, the Sycamore Presbyterian Church is celebrating its 100th Annual Lawn Fete on September 15, 2007; and
WHEREAS, on June 13, 1907 the Washington Ladies Aid of Sycamore United Presbyterian Church held a business meeting to make arrangements for a lawn fete; and
WHEREAS, the first lawn fete was held on Friday evening, June 28 and refreshments consisted of ice cream, lemonade, sandwiches and coffee; and
WHEREAS, the current lawn fete has grown to include many activities including auctions, a car show, chicken dinners, games for all ages and many other events; and
WHEREAS, the Sycamore Lawn Fetes have raised hundreds of thousands of dollars to support those who are less fortunate and to bring friends and strangers together to share a sense of community.
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of Symmes Township, Hamilton County, Ohio hereby declares September 15 as Sycamore Presbyterian Church Day in honor of its 100th Annual Lawn Fete.
Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to adopt the following resolution:
RESOLUTION G-0740
Resolution Proclaiming Week of
September 17 through September 23, 2007
as Constitution Week
WHEREAS, September 17, 2007 marks the Two Hundredth and Twentieth anniversary of the adoption of the Constitution of the United States of America by the Constitutional Convention; and
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, wishes to accord official recognition to this memorable anniversary, and to the patriotic exercise that will form a noteworthy feature of the occasion; and
WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through September 23 as Constitution Week.
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of Symmes Township, Hamilton County, Ohio:
Section 1. Hereby proclaims the week of September 17 through September 23, 2007 as Constitution Week in Symmes Township.
Section 2. Hereby urges all places of worship and citizens to ring a bell at Noon each day and to pay special attention during that week to our Federal Constitution and the advantages of American Citizenship.
Section 3. Hereby directs the Township Fiscal Officer to forward a copy of this Resolution to the Daughters of the American Revolution, Cincinnati Chapter and to the public through appropriate means.
Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to adopt the following resolution:
RESOLUTION G-0741
Resolution Adopting Public Records Policy
WHEREAS, Sub. H.B. 9, which goes into effect on September 29, 2007, Ohio Revised Code §149.43(E)(1), directs all public offices to adopt a public records policy in compliance with the section for responding to public records requests;
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, has obtained guidance from the model public records policy developed and provided to Ohio public offices by the attorney general under §109.43 of the Revised Code;
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, believes that openness leads to a better informed citizenry, which leads to better township government and better public policy.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio:
Section 1. The Public Records Policy document which is attached to this Resolution as Exhibit A is hereby adopted by the Board of Trustees of Symmes Township, Hamilton County, Ohio.
Section 2. The Policy shall be distributed to the Fiscal Officer, who shall acknowledge receipt of the Public Records Policy, in accordance with §149.43(E)(2).
Section 3. The poster which is attached to this Resolution as Exhibit B, which describes the Public Record Policy is hereby adopted by the Board of Trustees of Symmes Township, Hamilton County, Ohio, and shall be posted in a conspicuous place in Symmes Township and in all locations where Symmes Township has offices.
Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to adopt the following resolution:
RESOLUTION G-0742
Resolution Declaring Emergency and
Providing for Clearing Undedicated Roadway
WHEREAS, the Ohio Revised Code Section 505.82 provides for the Board of Trustees to adopt a resolution declaring that an emergency is imminent which threatens life or property within the unincorporated territory; and
WHEREAS, the O.R.C. Section 505.82 requires that certain procedures be followed for the removal of snow and ice from an undedicated street, where the owner does not cause such snow and ice to removed from such street; and
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio has determined that an emergency is imminent requiring the removal of snow and ice from undedicated streets as listed on Exhibit "A"; and
WHEREAS, the owners of the property have not provided for the removal of snow and ice from streets as listed on Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio, that:
Section 1. The Board of Trustees declares an emergency is imminent which threatens life or property, by reason of the accumulations of snow and ice on these undedicated streets.
Section 2. The Township Road Foreman is hereby ordered to remove the snow and ice from the said undedicated streets on which the owners thereof have not caused the removal of such snow and ice.
Section 3. Prior to such removal, the Township Road Foreman shall give, or make a good faith attempt to give oral notice to the owners of the subject streets, notice of the Trustees' intent to clear the said streets and to impose a service charge for doing so.
Section 4. An amount established as just and equitable service charges for such removal, which shall be paid by the owners of said streets, shall be $100.00 per hour or any portion of an hour. If such owners fail to promptly pay such service charges after written notification, the said charges shall be certified to the Hamilton County Auditor to be included on the owner's tax bill and collected as a lien on the property.
Section 5. The emergency declared herein shall expire six (6) months after date hereof, unless extended by unanimous resolution of this Board pursuant to O.R.C. Section 505.82.
Section 6. This Resolution shall be adopted as an emergency necessary for the immediate preservation of the public peace, health, safety, or welfare of the community.
Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to adopt the following resolution:
RESOLUTION F-0703
Resolution Accepting the Amounts and Rates as Determined
by the Budget Commission and Authorizing the Necessary
Tax Levies and Certifying them to the County Auditor
RESOLVED, By the Board of Trustees of Symmes Township, Hamilton County, Ohio, in accordance with the provisions of law has previously adopted a Tax Budget for the next succeeding fiscal year commencing January 1st, 20--; and
WHEREAS, The Budget Commission of Hamilton County, Ohio, has certified its action thereon to this Board together with an estimate by the County Auditor of the rate of each tax necessary to be levied by this Board, and what part thereof is without, and what part within, the ten mill tax limitations; therefore be it
RESOLVED, By the Board of Trustees of Symmes Township, Hamilton County, Ohio, that the amounts and rates, as determined by the Budget Commission in its certification, be and the same are hereby accepted; and be it further
RESOLVED, That there be and is hereby levied on the tax duplicate of said Township the rate of each tax necessary to be levied within and without the ten mill limitation as follows:
General 1.00 mill Inside of 10 m. limit
Road & Bridge .30 mill Inside of 10 m. limit
Fire 3.50 mill Outside of 10 m. limit
Police 2.70 mill Outside of 10 m. limit
EMS 1.50 mill Outside of 10 m. limit
Park 1.20 mill Outside of 10 m. limit
Road & Bridge II .90 mill Outside of 10 m. limit
Safety Services 1.70 mill Outside of 10 m. limit
Park - Rozzi .90 mill Outside of 10 m. limit
Total 13.70 mill
and be it further
RESOLVED, That the Fiscal Officer of this Board be and he is hereby directed to certify a copy of this Resolution to the County Auditor of said County.
Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to adopt the following resolution:
RESOLUTION T-0701
Resolution Establishing Fire Lanes
on Township Roads
WHEREAS, Ohio Revised Code Sec. 505.17 provides authority
for the Board of Trustees to make such regulations and orders
as are necessary to control all vehicle parking in the Township, including parking on established roadways proximate to buildings on private property as necessary to provide access to the property by public safety vehicles and equipment, if the property is used for commercial purposes, the public is permitted to use such parking area, and accommodations for more than ten motor vehicles is provided, and
WHEREAS, the Board of Trustees have by various and sundry Resolutions established said parking regulations over certain Township roads and private property used for commercial purposes; and
WHEREAS, the Board of Trustees of Symmes Township wishes to expand the previously established regulations to include a new roadway as set forth therein.
NOW, THEREFORE, BE IT RESOLVED by the Trustees of Symmes Township, Hamilton County, State of Ohio, that:
Section 1: That fire lanes be established and that no parking shall be permitted along the west side of Patrilla Lane from Snider to Kemperwoods Drive as indicated upon the site plan attached hereto as Exhibit A.
Section 2: The no parking area established by this Resolution shall be further designated by means of traffic control devices and markings conforming to Section 4511.09 of the Ohio Revised Code.
Section 3: This Resolution shall be subject to the limitations, restrictions, and exceptions in Sections 4511.01 to 4511.76 and 4513.02 to 4513.37 of the Ohio Revised Code.
Section 4: Whoever violates the provisions of this resolution is guilty of a minor misdemeanor.
Section 5: Fines levied and collected for violation of this resolution shall be paid into the Township General Revenue Fund.
Section 6: This Resolution shall be posted by the Township Fiscal Officer in five conspicuous public places in the Township for thirty days prior to becoming effective, and shall be published in a newspaper of general circulation in the Township for three consecutive weeks.
Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to adopt the following resolution:
RESOLUTION G-0743
Resolution Authorizing and Directing Approval
of Addendum No. 4 to the Contract to Purchase
Between the Board of Trustees of Symmes Township
and Nxfaze Unlimited, Inc.
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, has entered into a Contract for the sale of certain property, Parcel Nos. 620-202-56 to Nxfaze Unlimited, Inc.; and
WHEREAS, the Purchaser of said property has requested approval of an Addendum to modify the date related to the closing date as set forth in Paragraph 4(A); and
WHEREAS, the modifications requested are reasonable and modest.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio:
Section 1. The Addendum No. 4 attached hereto as Exhibit A is hereby approved and accepted. All terms of the Contract not specifically amended shall remain the same.
Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to adopt the following resolution:
RESOLUTION G-0744
Resolution Retaining Kevin N. McMurray and
Frost, Brown, Todd, LLC as Special Legal Counsel
to Advise and Represent the Township Regarding
Environmental Matters Relating to Real Estate
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, deems it necessary and advisable to employ special legal counsel to advise and represent the Township on legal matters relating to the acquisition or conveyance of real estate; and
WHEREAS, Kevin N. McMurray and the law firm of Frost, Brown, Todd, LLC is competent and experienced in the legal aspects of environmental assessments, remediation, and other resolution of such issues; and
WHEREAS, it is necessary for the Board of Township Trustees to have the legal resources available for providing assistance and advice on specific on environmental issues that may be identified from time to time.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio:
Section 1. Kevin N. McMurray and Frost, Brown, Todd, LLC are hereby retained as special legal counsel to advise and represent Symmes Township on legal matters pertaining to environmental issues as identified on Exhibit “A”, attached hereto.
Section 2. Representation shall be paid in accordance to the terms for legal expenses and costs as set forth on Exhibit “A”.
Section 3. Is hereby authorized and directed by the Board of Township Trustees that the execution of this Resolution by the Township Trustees as well as the execution of the attached engagement letter by the Township Administrator or Law Director shall constitute approval of the terms and representations set forth on Exhibit “A”.
Section 4. The Fiscal Officer is hereby authorized and directed to pay for the services described on Exhibit “A” from the Township Funds upon receipt and review of appropriate invoices.
Section 5. That this action by order of the Board of Trustees of Symmes Township be duly entered upon its journal.
Section 6. This Resolution shall be adopted as an emergency necessary for the immediate preservation of the public peace, health, safety, or welfare of the community for the reason that it is necessary to maintain continuity of legal services for this Township
Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to accept the resignation of Justin Thompson effective September 5, 2007. Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to authorize Bill Pitman and Larry Schuchter to attend Storm Water Management workshop in Lebanon, OH on September 18 and to approve an expenditure (Then & Now) in the amount of $130.00 for registration of said workshop. Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to approve a $1,500.00 transfer from 1-A-27 (General-Transfers) to 1-A-3 (General-Travel). Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to amend Permament Appropriation 14-A-6 (EMS - Repairs) from $9,000.00 to $10,000.00. Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to establish Permament Appropriation 1-F-4 (Armed Service Memorial) in the amount of $24,000.00. Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to establish Permament Appropriation 20-A-4 (Safety Service Levy - Equipment) in the amount of $350,000.00. Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to approve:
a. Expenditure in the amount of $1,905.97 for the purchase of replacement tires for M61
b. Additional expenditure (Then & Now) in the amount of $41.94 for Symmesfest
c. Expenditure (Then & Now) in the amount of $1,200.50 for repairs to T-209
d. Expenditure in the amount of $318,402.99 for the purchase of a Sutphen Shield Series Custom Pumper per Ohio Department of Administrative Services STS Contract #776618D per component list order #23-203 and for the purchase of equipment for said new pumper per proposal 848-7-7
e. Expenditure in the amount of $9,434.00 for the purchase and installation of portable radios for said new pumper
f. Expenditure in the amount of $4,442.00 for the purchase of MDC for said new pumper
g. Expenditure in the amount of $13,532.25 for the purchase of SCBA equipment for said new pumper
h. Additional expenditure (Then & Now) in the amount of $70.25 for 3rd Quarter drug re-stock
Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to establish October 31 from 6:00 p.m. to 8:00 p.m. as Halloween Observance for 2007. Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to designate the Township Administration Building as a Toy Drop-Off Site for "Toys for Tots" program. Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
The Board approved the following cemetery deeds:
- Thomas Huddleston - UNION, Lot 867E, Grave 1
- Donald Ziegler - UNION, Lot 930W, Grave 3
- Barbara Estep - UNION, Lot 1101, Niche 1 |
Minutes
