MRS. WAGNER moved to hold a special meeting on October 14, 2008 at 6:00 p.m. for the purpose of considering the purchase of real property. 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 adopt the following resolution:
RESOLUTION F-0804
RESOLUTION PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED
$9,000,000 PARK LAND ACQUISITION AND IMPROVEMENT BOND
ANTICIPATION NOTES, BY SYMMES TOWNSHIP, OHIO, IN
ANTICIPATION OF THE ISSUANCE OF BONDS OF THE TOWNSHIP, AND
DECLARING AN EMERGENCY
WHEREAS, the Fiscal Officer of the Township has estimated the life of the improvements constructed with the Bonds described as at least five (5) years, and certified the maximum maturity of the Bonds as thirty (30) years, and of the notes to be issued in anticipation thereof as twenty (20) years; and
WHEREAS, Chapters 133 of the Ohio Revised Code provide authority for this Board to issue its notes to finance the cost of acquiring park land and constructing improvements to such park land; and
NOW, THEREFORE, BE IT RESOLVED by Board of Trustees of Symmes Township, County of Hamilton, Ohio, at least two-thirds of the members elected thereto concurring:
Section 1. That it is hereby declared necessary to issue Bonds of the Symmes Township, County of Hamilton, Ohio (the “Township”), in the principal sum of not to exceed $9,000,000, for the purpose of financing the cost of park land acquisition and constructing improvements to such park land, which Bonds shall be dated approximately December 1, 2009, shall mature over a period of not to exceed thirty (30) years and shall bear interest at an approximate rate of six per centum (6%) per annum,payable semiannually, and be issued under the provisions of the Uniform Public Securities Law of the Revised Code of the State of Ohio.
Section 2. That it is hereby declared necessary, and this board hereby determines, that notes should be issued in anticipation of the issuance of said Bonds.
Section 3. Said anticipatory notes of the Township shall be issued under the provisions of the Uniform Public Securities Law of the Ohio Revised Code, in the principal amount of not to exceed $9,000,000. Said notes shall be dated as of their date of issuance and shall mature not more than one year from the date of their issuance and shall bear interest, payable at maturity, at the rate to be established in the Certificate of Award which is hereby authorized and which shall be executed by the Township Fiscal Officer or the Township Administrator without further action of this Board. The notes are not subject to redemption prior to maturity. Said notes shall be issued in denominations, of $100,000 or any integral multiple of $5,000 in excess of $100,000.
Section 4. That such notes shall be executed by at least two members of the Board of Trustees and attested by the Township Fiscal Officer. Such notes shall be designated, “Park Land Acquisition and Improvement Bond Anticipation Notes”, shall be payable at such bank or trust company that is a correspondent of any legal depository of the Township, upon approval of the Fiscal Officer as set forth in the Certificate of Award, without deduction for collection, exchange or bank service charges, and shall express upon their faces the purpose for which they are issued and that they are issued in pursuance of this resolution.
Section 5. That said notes shall be awarded and sold to RBC Capital Markets Corporation, Cincinnati, Ohio, in accordance with its offer which is hereby accepted, and the proceeds from such sale, except any premium or accrued interest thereon, shall be paid into the proper fund and used for the purpose aforesaid and for no other purpose.
Section 6. That said notes shall be the full general obligation of the Township, and the full faith, credit and revenue of said Township are hereby pledged for the prompt payment of the same. The Township anticipates that service payments in lieu of taxes will be sufficient to pay the principal of and interest on said notes.
The par value to be received from the sale of Bonds anticipated by said notes, and any excess funds resulting from the issue of said notes shall, to the extent necessary, be used only for the retirement of said notes at maturity, together with interest thereon, and is hereby pledged for such purpose.
Section 7. That during the period while such notes are outstanding, there shall be levied on all of the taxable property of the Symmes Township, in addition to all other taxes, a direct tax annually not less than that which would have been levied if Bonds had been issued without the prior issue of such notes; provided, however, that to the extent that debt service on said notes is appropriated and paid from other sources including service payments in lieu of taxes, said tax shall not be levied or collected for such purpose. 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 levy hereby required shall be placed in a separate and distinct fund and, together with interest collected on the same, shall be irrevocably pledged for the payment of the principal and interest of said notes and for the Bonds in anticipation of which they are issued, when and as the same falls due.
Section 8. This board, for and on behalf of the Township, hereby covenants that it will restrict the use of the proceeds of the notes 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 Sections 103(b)(2) and 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and the regulations prescribed thereunder.
The officer having responsibility with respect to the issuance of the Notes is authorized and directed to give an appropriate certificate on behalf of the Township, on the date of delivery of the Notes 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 Notes 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. The board of the Township does not anticipate issuing more than $10,000,000 of “qualified tax-exempt obligations” during the current calendar year.
Section 9. This board hereby authorizes and directs the Fiscal Officer to take any and all actions which may be necessary to issue the Notes in book-entry-only form or in such form as will render the Notes eligible for the services of The Depository Trust Company, New York, New York without further action by this board, including execution of all documents necessary therefor.
Section 10. That this board hereby authorizes the Administrator, the Fiscal Officer and all members of the board to execute any and all documents necessary or appropriate to accomplish the issuance of the notes.
Section 11. That this resolution is hereby declared to be an emergency measure for the immediately preservation of the public peace, health, safety and welfare of the inhabitants of Symmes Township for the reason that the immediate issuance of said notes to provide funds for the orderly financing of the cost of the previously described parkland acquisition and improvements, including obtaining a favorable interest rate, and this resolution shall take effect immediately upon its adoption.
Section 12. That the Fiscal Officer is hereby directed to forward a certified copy of this Resolution to the County Auditor of Hamilton County, Ohio.
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 adopt the following resolution and to dispense with the second reading:
RESOLUTION G-0833
RESOLUTION AUTHORIZING EXECUTION OF REAL ESTATE PURCHASE
CONTRACT WITH THE ESTATE OF RHODA L. HILL, BY RUTH APKE,
GUARDIAN, AND DISPENSING WITH SECOND READING
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, has determined the necessity of purchasing certain property for public purpose; and
WHEREAS, the Estate of Rhoda L. Hill, by Ruth Apke, Guardian, have offered to sell to the Board of Trustees of Symmes Township the parcel of property listed in Attachment “A”, 11813 Mason Road, Cincinnati, Ohio 45249, Parcel No. 620-204-20 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. 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. Beck seconded the motion.
MR. BRYANT noted that this property is located on Mason Montgomery Road next to Weekly near the Safety Center. This property was offered by the daughter of Mrs. Hill and the Township has agreed to pay $15,000.00. The house has been condemned.
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-0834
Resolution Authorizing the President of the Board of Trustees
to Make Application for Fiscal Year 2009 State Capital Improvement
Program Funds and If Funds are Awarded to Execute a Grant
Agreement(s) on Behalf of the Township
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio has determined that it would be in the best interest and to promote the general welfare of the community to apply for 2009 State Capital Improvement Program (SCIP) funds and if funds are awarded to execute a grant agreement or agreements on behalf of the Township.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio:
Section 1. Hereby authorizes the President of the Board of Trustees to make application for SCIP funds for fiscal year 2009.
Section 2. Hereby authorizes the President of the Board of Trustees to execute a grant agreement or agreements on behalf of the Township if the funds are awarded.
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 Fiscal Officer to proceed with the disposal of records as recommended by the Records Commission. Mr. Beck seconded the motion.
MR. BORCHERS stated that the Records Commission is recommending that the listing be sent to the Ohio Society Historical, as per the Ohio Revised Code, for approval of their disposal. Once approved, then the Township needs to send a second request to actually dispose of the records.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BECKMAN reminded the Board that the November meeting is scheduled on election night and questioned if the Board wished to re-schedule.
The Board agreed not to change the regular meeting date in November.
MRS. WAGNER moved to approve expenditures (Then & Now) in the amount of $35,000.00 for replacement of the Kemper Grove Lane headwall and $40,250.00 for replacement of the Bainwoods Drive headwall. Mr. Bryant seconded the motion.
MR. BECKMAN stated the Board has already approved the engineering costs for these projects and the Township has applied for SCIP money. The Township is required, as part of the SCIP application, to confirm that funding is available.
MR. BORCHERS stated that this action will set aside these funds should the application be approved.
MR. BECKMAN stated he will notify the Board if the applications are approved and at time questioned if the Board wished to proceed with the work.
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 an agreement with Rumpke for trash removal. Mr. Beck seconded the motion.
MR. BECKMAN advised this is for the Township Administration and will also allow for placement of recycling bins from Rumpke.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
Mrs. Wagner moved to transfer $2,000 from 1-A-27 (General - Transfers) to
1-A-4 (General - Office Supplies). 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 establish:
a. Permament Appropriation 1-M-3 (General - Roads - Contracts) in the amount of $75,250
b. Permament Appropriation 4-A-4 (Roads - Tools/Equipment) in the amount of $2,500
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 amend:
a. Permament Appropriation 3-A-4 (Gasoline - Tools/Equipment) from $101,500 to $104,000
b. Permament Appropriation 3-A-6 (Gasoline - Repairs) from $10,000 to $15,000
c. Permament Appropriation 9-A-9 (Police - Repairs) from $10,000 to $15,000
d. Permament Appropriation 14-A-5 (EMS - Supplies) from $14,000 to $16,000
e. Permament Appropriation 14-A-6 (EMS - Repairs) from $14,000 to $16,000
f. Permament Appropriation 20-A-8 (Safety Levy - Other) from $180,000 to $195,100
g. Permament Appropriation 23-A-7 (Permissive - Maintenance) from $3,000 to $8,000
h. Permament Appropriation 23-A-9 (Permissive - Other) from $2,000 to $6,500
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 (Then & Now) in the amount of $1,457.50 for the purchase of plastic fire helmets
b. Expenditure (Then & Now) in the amount of $1,100.00 for removal of two storm damaged trees in Camp Dennison Cemetery
c. Expenditure (Then & Now) in the amount of $925.50 for the purchase of leather straps for portable fire radios which were purchased with grant money
d. Expenditure in the amount of $2,086.00 for annual service contract for heart monitors
e. Expenditure (Then & Now) in the amount of $1,422.25 for emergency repairs (replace alternator) for T61
f. Additional expenditure in the amount of $869.60 for air-cards for Symmes Fire Department
g. Expenditure (Then & Now) in the amount of $832.12 for light fixture for park
h. Expenditure (Then & Now) in the amount of $99.00 for medical supplies
i. Expenditure (Then & Now) in the amount of $5,100.00 for Township's share of Code Red Emergency Communications Network annual fee
j. Expenditure (Then & Now) in the amount of $1,000.00 for structural analysis of Meade House for issuance of building permit
k. Expenditure in an amount not to exceed $10,000.00 for demolition of property at 11813 Mason Road
l. Additional expenditure in an amount not to exceed $2,500.00 for consultant services for Meade property project
m. Expenditure in an amount not to exceed $4,000.00 for Operation Santa
n. Expenditure (Then & Now) in an amount not to exceed $2,500.00 for purchase and installation of backhoe attachment for storm debris removal
o. Expenditure in an amount not to exceed $3,500.00 for removal of trees on Adams Street
p. Expenditure in the amount of $7,060.00 for replacement roof for Meade House
q. Expenditure in the amount of $2,055.93 for repairs to road roller
The Board establish October 31, 2008, 6:00 p.m. to 8:00 p.m. for Halloween Observance. |
Minutes 