MR. BRYANT noted that the Board has directed the Community Reinvestment Committee to review the proposals received and to make a recommendation to the Board. Mr. Bryant stated that tonight's proposal shows that this CRA program is meeting the Board's objective.
Mr. Bryant stated this appears to be a substantial investment which will re-vitalize this area.
MR. BECK stated that he agreed this proposal will be beneficial for the Township and improve that portion of the Montgomery Road Corridor which is a gateway into Symmes. This is the third CRA agreement and is in keeping with the Board's goal to pump new life into older structures.
MR. BRYANT moved to adopt the following resolution:
RESOLUTION G-0936
Resolution Approving Community Reinvestment
Area Incentive Recommendations for the
Itis Group, LLC Project at 11033 Montgomery Road
WHEREAS, Symmes Township, Hamilton County, Ohio has encouraged the development of real property and the acquisition of personal property located in the area designated as the Symmes Township Community Reinvestment Area #2; and
WHEREAS, the Symmes Township Board of Trustees, Hamilton County, Ohio by Resolution G-0823 passed on June 3, 2008, designated an area as the “Symmes Township Community Reinvestment Area #2” pursuant to Chapter 3735 of the Ohio Revised Code; and
WHEREAS, effective September 5, 2008, the Director of Development of the State of Ohio determined that the aforementioned area designated in said Resolution G-0823 contained the characteristics set forth in Section 3735.66 of the Ohio Revised Code and confirmed said area as a Community Reinvestment Area under said Chapter 3735; and
WHEREAS, The Itis Group, LLC at 11033 Montgomery Road, Symmes Township, Ohio is desirous of renovating a 22,000 square feet building for establishing a medical family practice group, a restaurant, and additional tenant space to be rented within the boundaries of the Symmes Township Community Reinvestment Area #2, provided that the appropriate development incentives area available to support the economic viability of said project; and
WHEREAS, Symmes Township having the appropriate authority for the stated type of project is desirous of providing The Itis Group, LLC with incentives available for the development of the project in said Community Reinvestment Area #2 under Chapter 3735 of the Ohio Revised Code; and
WHEREAS, The Itis Group, LLC has submitted a proposed agreement application to Symmes Township through Hamilton County Development Company and remitted a $1,500 application fee; and
WHEREAS, the Hamilton County Development Company acting on behalf of Symmes Township has investigated the application of The Itis Group, LLC and has recommended a fifty percent (50%) exemption for ten (10) years on the assessed value of the improvements to the property at 11033 Montgomery Road to the Board of Trustees of Symmes Township on the basis that The Itis Group, LLC is qualified by financial responsibility and business experience to create and preserve employment opportunities in said Community Reinvestment Area #2 and improve the economic climate of Symmes Township; and
WHEREAS, the recommended exemption will not exceed fifty percent (50%) of the revenues the Sycamore Community School District would have received from the improvements, absent these incentives;
NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees of Symmes Township, Hamilton County, Ohio:
Section 1. For the benefit and welfare of Symmes Township and its citizens, proposes entering into an agreement with The Itis Group, LLC for a fifty percent exemption for ten (10) years on the assessed value of the improvements to the property at 11033 Montgomery Road.
Section 2. Hereby consents to said agreement subject to the following conditions:
a. That, approval of said agreement shall be withdrawn immediately if all or a portion of the subject property is annexed from Symmes Township into any other political subdivision;
b. That, "Symmes" be incorporated into the signage when a replacement sign is erected;
c. That, "Symmes Township, Ohio 45249" be used for all communications for this development.
Section 3. Hereby authorizes and directs the Township Administrator to execute said agreement on behalf of the Board of Trustees.
Section 4. That the Board of Trustees of Symmes Township upon majority vote does hereby dispense with the requirement that this Resolution be read on two separate days and hereby authorize the adoption of this Resolution upon its first reading.
Section 5. This Resolution shall take effect and be enforced from and after the earliest period allowed by law.
MR. BECK seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Wagner - 'aye'.
MR. BORCHERS provided information to the Board regarding audit adjustments made by the State Auditors to the Police and General Funds.
Mr. Borchers stated that during the 2005/2006 audit, the State Auditors made an adjustment taking revenue from the Police Fund and placing into the General Fund. The Township was not made aware of this adjustment and therefore the adjustment was not "booked". In the recent 2007/2008 audit, the independent auditors advised that the Township needed to make these adjustments.
Mr. Borchers advised that in 2005/2006 revenue was received for $35,215.48 and in
2007/2008 it was $35,358.25 for a total of $70,573.73.
Mr. Borchers noted that the required Board action is explained in the handout.
MR. BRYANT moved to establish Permament Appropriation 1-G-3 (General-Police-Contracts) in the amount of $78,400.00. Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BRYANT moved to amend Permament Appropriation 9-A-10 (Police-Contracts) from $945,450.00 to $867,050.00. Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BRYANT moved to adopt the following resolution:
RESOLUTION G-0932
Resolution To Amend Fees for Applications and
Other Procedures Required by the Provisions of
the Symmes Township Zoning Resolution
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio adopted Resolution G-9649, Resolution Establishing Fees for Applications and Other Procedures Required by the Provisions of the Symmes Township Zoning Resolution, on November 19, 1996; and
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio adopted subsequent resolutions to amend the fees for applications and other procedures required by the provision of the Symmes Township Zoning Resolution; and
WHEREAS, the Board of Trustees has determined that revisions are required to update the adopted fee scheduled in connection with Applications for Zoning Amendments, Zoning Certificates, and other types of approvals and appeals.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio that:
Section 1. The adopted schedule of non-refundable fees is hereby amended in connection with Applications for Zoning Amendments, Zoning Certificates, and all other types of approvals or appeals which are permitted or required by the provisions of the Zoning Resolution. The schedule of fees, as amended, is set forth on Exhibit "A", attached hereto and incorporated as if fully set forth herein.
Section 2. This Resolution shall take effect and be enforced from January 1, 2010.
MRS. WAGNER seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BRYANT moved to adopt the following resolution:
RESOLUTION G-0933
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 Director of Public Works 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 Director of Public Works 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.
MR. BECK seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Wagner - 'aye'.
MR. BRYANT moved to adopt the following resolution:
RESOLUTION G-0934
Resolution Proclaiming
October 23 as the Kickoff
for the Year Round
Red Ribbon Campaign
WHEREAS, the Red Ribbon Campaign is a national, state, and local initiative, which has become the annual catalyst for mobilizing communities to create a caring, safe and drug-free environment; and
WHEREAS, raising community awareness about the importance of incorporating effective principles and prevention strategies to reduce risk factors and increase protective factors for children and youth helps us to know what to focus on to reduce child and adolescent alcohol, tobacco, other drug problems, and related risk behaviors.; and
WHEREAS, public awareness is the key to effectively preventing drug abuse and to educating Ohio’s youth about the dangers of alcohol, tobacco and drug abuse; and
Whereas Preventing substance abuse within communities requires support from all community sectors; and
WHEREAS, The Northeast Community Challenge Coalition, whose mission is to promote Healthy Communities - Healthy Youth, is urging all community members to make a commitment to a safe, healthy, drug-free lifestyle; and
WHEREAS, businesses, media, social services, governments, schools, service organizations, faith-based organizations, law enforcement, senior citizens, health organizations, youth and parents will demonstrate commitment to changing our community's social norms, resulting in a society where violence and illegal use of drugs and alcohol are not acceptable and where positive values are promoted.
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of Symmes Township, Hamilton County, Ohio:
Section 1. Hereby declares October 23 as the kickoff for the year round Red Ribbon Campaign. We hereby encourage all citizens to participate in alcohol, tobacco and other drug education and all related prevention activities, making a visible statement that we are strongly committed to a drug-free lifestyle.
Section 2. Encourages all individuals to support healthy, safe and drug-free communities for all Ohioans.
MRS. WAGNER seconded the motion.
MR. BRYANT reported on attending the recent NECC Red Ribbon Kick-Off Program which was a wonderful event. Mr. Bryant advised he has distributed information on this program to each Board member.
MR. BECK stated he review this packet with his family and felt it was very informative.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
Mr. Bryant moved to adopt the following resolution:
RESOLUTION G-0937
Resolution Providing for the Issuance of Not to
Exceed $8,750,000 Park Land Acquisition and Improvement Bond
Anticipation Note, First (2009) Renewal, 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, Notes previously issued and outstanding in the amount of $9,000,000 are about to come due and should be renewed in the reduced amount of $8,750,000; 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 $8,750,000, 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 $8,750,000. 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, First (2009) Renewal”, 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 did not anticipate issuing more than $10,000,000 of “qualified tax-exempt obligations” during the year of original issuance.
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 refinancing 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. BECK seconded the motion.
MR. BORCHERS explained the process in determining if the Township should continue with bonds vs. notes for this issue in 2010. Mr. Borchers stated he is recommending the Board continue with a note and this resolution was prepared by the Township's Bond Counsel. Mr. Borchers further stated that the interest rate is good at this time.
The roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Wagner - 'aye'.
Mr. Bryant moved to establish a bid opening date of December 2, 2009 at 4:00 p.m. for the demolition of buildings on Rozzi park property. Mr. Beck seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Wagner - 'aye'.
Mr. Bryant moved to authorize the Township Administrator to enter into a 2-year agreement with UniFirst for employee uniforms. Mr. Beck seconded the motion.
MR. BECKMAN advised the Township is currently with Cintas. Upon review, Township Staff is recommending that we switch to Unifirst who will provide better cost and service for employee uniforms.
The roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Wagner - 'aye'.
MR. BRYANT moved to authorize the Township Administrator to enter into an agreement with Rainbow Environment for asbestos inspection of buildings on Rozzi park property and to approve an expenditure in an amount not to exceed $2,500.00 for said services. Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
Mr. Bryant moved to approve Change Order #1 in the amount of $2,500.00 for the Humphrey Road Sidewalk Project. Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
Mr. Bryant moved to approve Change Order #2 (against the allowance) in the amount of $7,750.00 for the Humphrey Road Sidewalk Project. Mr. Beck seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Wagner - 'aye'.
Mr.Bryant moved to amend:
a. Permament Appropriation 1-J-3 (General-Zoning-Other) from $60,000.00 to $75,000.00
b. Permament Appropriation 2-A-9 (Motor Vehicle-Other) from $3,200.00 to $4,000.00
c. Permament Appropriation 3-A-6 (Gasoline-Repairs) from $12,000.00 to $15,000.00
d. Permament Appropriation 9-A-9 (Police-Repairs) from $13,800.00 to $15,200.00
e. Permament Appropriation 10-A-10 (Fire-Repairs) from $28,500.00 to $30,000.00
f. Permament Appropriation 14-A-7 (EMS-Contracts) from $502,297.30 to $506,297.30
g. Permament Appropriation 20-A-8 (Safety Levy-Other) from $72,858.00 to $78,558.00
Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BRYANT moved to establish Permament Appropriation 28-A-8 (Fire Fees - Contracts) in the amount of $7,000.00 and Permament Appropriation 1-N-1 (General - Advance) in the amount of $50,000.00. Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BRYANT moved to adopt the following resolution: (G-0935)
Mrs. Wagner seconded the motion.
MR. BORCHERS advised this is a temporary advance from the General Fund to the Lighting Assessment Fund. The Township assesses residents for lighting and this year, due to receipt of revenue, it is necessary make this advance.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
Mr. Bryant moved to approve:
a. Expenditure in the amount of $5,700.00 for brakes on T61
b. Expenditure in the amount of 3,950.00 for the purchase of Broselow Pediatric systems for M60 and M61
c. Expenditure (Then & Now) in the amount of $992.28 to modify gates for dumpster on Weekly Road
d. Expenditure (Then & Now) in the amount of $880.00 for lighting repairs at Symmes Park
e. Expenditure (Then & Now) in the amount of $1,328.78 for lighting repairs at Safety Center
f. Expenditure (Then & Now) in the amount of $1,250.00 for replacement of fence sections (insurance claim)
g. Expenditure (Then & Now) in the amount of $1,325.03 for installation of equipment and decals for replacement sheriff vehicle
h. Expenditure in an amount not to exceed $3,200.00 for the installation of privacy fence in Camp Dennison Cemetery
i. Expenditure in an amount not to exceed $2,500.00 for removal of asbestos from buildings on Rozzi park property
j. Expenditure in the amount of $2,900.00 for re-lettering of EMS unit
k. Expenditure in an amount not to exceed $2,500.00 for material to widen walkway at Symmes Park
l. Expenditure in an amount not to exceed $19,000.00 for 3rd Quarter ICRC fees
m. Expenditure in an amount not to exceed $4,000.00 for purchase of a chipper box for road use
Mr. Beck seconded the motion and the roll call vote was as follows: Mr. Beck - 'aye'; Mr. Bryant - 'aye'; Mrs. Wagner - 'aye'.
MR. BRYANT moved to authorize the reimbursement of expenses to attend the Ohio Township Association's Winter Convention (February 17 - February 20, 2010) in Columbus for Trustees, Fiscal Officer, Township Administrator, Assistant Fiscal Officer and Director of Public Works. Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
The Board had no objection to the liquor license transfer from Hook Superx LLC, dba CVS Pharmacy 6085, 10554 Loveland Madeira Road (45140) to. Ohio CVS Stores LLC, dba CVS Pharmacy 6085, 10554 Loveland Madeira Road (45140). |
Minutes
