RECORD OF PROCEEDINGS REGULAR

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1 PAGE NO. 105 PAGE NO. 105 Mi11uJes. of REGULAR JULY 22, Held 2()08 CONVENE: President Lang convened the meeting at 6:00 PM. ROLL CALL: Each Trustee responded to Roll Call. PLEDGE OF ALLEGIANCE: Repeated by those present. CITIZEN'S COMMENTS: Bill Lend!, 6080 Tennyson Dr., said the Christmas Walk will be "resurrected" this year and will be held on Cinti.-Day. Rd., as in the past. It will be on Saturday, November l 5 1 h, from 1 :00-9:00 PM. There will be entertainment throughout the day, a parade, Santa & lighting of the Christmas Trees. Carl Rullmann, 8285 Ventle Dr., commended the Board & Township Staff for their work & helping during the televised program, Extreme Makeover and the building of the new home for the Akers family. Bill Zerkle, 7377 Quail Run Dr., visited the Farmers Market last Saturday and said it was a very nice spot and a great event. PRESENTATION: UPDATE ON REHABILITATION OF THE VOICE OF AMERICAN NATIONAL MUSEUM OF BROADCASTING: Mrs. Boyko noted that the Board had hired as architects & construction manager-type services, Fearing+ Hagenauer & Assoc. Mr. Jim Fearing presented a draft document and showed slides demonstrating the problems with the exterior of the building due to rain coming thru the walls. Engineers worked with his firm analyzing the problems. Mortar repair had been tried in the past but this proved temporary. Pictures of the building were shown in 1950, 1965 & 1969 showing progressive deterioration in the bricks, etc. He said the building was started in 1943, labor/masons was hard to come by due to the war & the distance to the building site. Brick was laid in December and finished in January. To lay brick, back then in cold weather, enclosures were not built like today, water & mortar were heated and the brick & then the brick was laid as fast as possible. That only works to about 25 deg. Another thing that was done then was load the mortar with calcium carbonate. That sort of acts like an antifreeze but it is not used anymore because it causes steel to corrode severely. That is most likely why we have this problem today. Compromises were made to build the building in a hurry because of the war. He said recommendations are to remove the outer skin. This will be done without too much trouble. It is 8 inches thick. The plan is to use 4 inches of steel studs, secured to the building, expansion joints will be installed, exactly the same brick will be used and insulation will be put in the walls. Steel windows will be installed - these were intended but not available during the war so wooden windows were used. The front will be made wheelchair accessible. This can be done without compromising the historical appearance of the building. Mr. Wong asked if the all of the bricks would be replaced. He said only the brick portion of the building would be worked on. The concrete block portion is in better shape and it is much easier to replace them, if need be. Mr. Lang expressed appreciation for the VOA Board and First Financial Bank that gave the Township seed money making it possible to hire a lobbyist who worked with the State Legislature and with the help of our State Senator, secure 1.25 million dollars for the preservation of the VOA building. At the present time, Senator Sharrod Brown & Congressman John Boehner are working on the Save America's Treasures grant to get some additional money from the Federal government to save this building, to restore it to its luster and the historical importance it signifies to us and the world. APPROVE LIBRARY WORK SESSION MINUTES OF JULY 8, 2008: Mrs. Stoker moved approval, seconded by Mr. Wong. APPROVE TRUSTEES MEETING MINUTES OF JULY 8, 2008: Mrs. Stoker moved approval, seconded by Mr. Wong. APPROVE PAYMENT OF BILLS: Mrs. Stoker moved approval, seconded by Mr. Wong. REQUISITIONS $ AND OVER: Mrs. Boyko submitted the following: $98, Corproate Express - Furniture for Fire Headquarters, Fire Station 1 and Communications Information Technology building $13, APG Office Furnishings - Furniture for Fire Headquarters, Fire Station 1 and Communications Information Technology building $ 2, Gary Powell - Zoning legal services tlu u July 1, 2008 $ 5, Finley Fire Equipment - Repair/replace hydraulic tank on Quint 15

2 PAGE NO. 106 PAGE NO MitmteJLOL REGULAR Meeting JULY 22, Held. ~_2C0=8~--- $ 4, Medtrnnic Emergency Response System -Annual service agreement for five of the Lifepak 12 heart monitors & battery support system $ 1, Cummins Bridgeway - Maintenance on emergency generators for Firehouses 4 and 5 $ Treasurer, State of Ohio - Basic Peace Officer Training Course for three new police hires $ 1, Install two streetlights at Lakota West High School entrance at Lakota Drive West Chester Township $ 1, Install one streetlight at 7577 Princeton-Glendale Rd. due to widening of Rt. Rte. 747 =this will be on an existing pole Mrs. Stoker moved approval of the Requisitions, seconded by Mr. Wong. APPROVE TO HIRE SEASONAL EMPLOYEES: Eric Mitchell (Parks) effective July 9, 2008 and Daniel Hudson (UCB Landscape District) effective July 17, 2008, each at the rate of $11.25/per hr. and contingent upon snccessful completion of applicable testing & procedures and will be required to do whatever is needed in the Maintenance division. Mrs. Stoker moved approval, seconded by Mr. Wong. APPROVE TO HIRE MICHAEL A. BLANKENSHIP AS A POLICE OFFICER: Effective August 18, 2008 at the annual salary of$47, with a one-year probationary period and contingent upon successful completion of applicable testing and procedures. Mrs. Stoker moved approval, seconded by Mr. Wong. APPROVE TO HIRE DONALD GATLIFF AND JEFFREY P. GIESKE AS POLICE OFFICERS: Effective August 18, 2008 at the annual salary of $47, with a one-year probationary period and contingent upon successful completion of applicable testing and procedures. Mrs. Stoker moved approval, seconded by Mr. Wong. Mrs. Stoker moved approval, seconded by Mr. Wong. RCNMC APPROVE THE TOWNSHIP ADMINISTRATOR TO NEGOTIATE & EXECUTE A CONTRACT WITH ROZZl'S FAMOUS FIREWORKS, INC. FOR SERVICES TO DISPLAY FIREWORKS AT THE UCB BASH IN THE AMOUNT OF NO-TO-EXCEED $10,000: Mrs. Stoker moved approval, seconded by Mr. Wong. Discussion: Mrs. Stoker stated that due to the excessive cost of festivals sponsored by the Township in the past, most events are now outsourced and this is the only one now paid for by the Township and feels that the merchants UCB Bash in partnership with the Greater Cincinnati Chamber of Commerce and hi-lights West Chester, brings attention to the area and it is money well spent. Mr. Lang agreed. Mr. Wong said he feels there are better ways to spend Township money. He applauded the organizations for putting the Bash together but he'd rather see the money spent in a better way. Mr. Lang asked where the fireworks would be launched. Mrs. Boyko said there is a vacant lot behind the U.S. Bank bldg. in front from The Square. The Fire Dept. has approved this. Roll Call: Mr. Lang, Yes - Mrs. Stoker, Yes, - Mr. Wong, No. Motion Carried APPROVE EXTENDING THE EXISTING CONTRACT WITH HUMANA HEALTHCARE: Mrs. Boyko reported that ifthe contract were renewed with Humana or with any other provider, it would probably carry a 14-16% increase. This extension holds no increase in premium. The cost for the extended contract is approx. $1,085,000. MR. LANG ASKED FOR A MOTION TO EXTEND EXISTING CONTRACT WITH HUMANA HEALTHCARE FROM AUGUST 1, 2008, THROUGH DECEMBER 31, 2008, FOR AN ESTIMATED ADDITIONAL COST OF $1,085,000. Mrs. Stoker moved approval, seconded by Mr. Wong. Discussion: Mrs. Stoker said insurance is expensive but it is something that we have to have. Mr. Lang said the extension period with no increase is a big thing. Mr. Wong asked why it was extended for only five months. Mr. Lang said the Township contract ended July 31st and by extending it to the end if the year allows the Broker to shop for better discounts because most all contracts are on a calendar year schedule. RCNMC

3 PAGE NO. 107 PAGE NO.!07 MinJJtesof REGULAlL _. -~ _Me~i.ng.. _._ ~= =====~=xppfiove:-rownsiiip':fsiia.rrm-project'costsforihe ROuND=A=--- -c' BOUT AT LAKOTA DRIVE WEST: Mrs. Boyko said the Butler County Engineer';s office recommended this will mitigate speed, intersection congestion and enhance pedestrian & bicycle amenities. The round-a-bout is being paid for by the County. MR. LANG ASKED FOR A MOTION TO APPROVE THE TOWNSHIP'S COST FOR THE ROUND-A-BOUT IMPROVEMENT AT LAKOTA DRIVE WEST AND EAGLERIDGE, INSTALLATION OF VARIOUS WIDTH CONCRETE SIDEWALK ALONG THE NORTH AND SOUTH SIDES OF LAKOTA DRIVE WEST, IN THE AMOUNT OF $138,922 AND AUTHORIZE THE TOWNSHIP ADMINISTRATOR TO MAKE PAYMENT TO CONTRACTORS AND VENDORS FOR PROJECT COSTS -THE CONTRACTOR WILL BE SILVER HAWK CONSTRUCTION: Mrs. Stoker moved approval, seconded by Mr. Wong. APPROVE TO DECLARE 7617 WHITEHALL CIRCLE EAST AS A PUBLIC NUISANCE: Mrs. Santel reported the owner is Marcus Lee, the mortgage company as US Bank and the property is in foreclosure and currently vacant. The problem is high grass & weeds. She showed pictures of the property. MR. LANG CALLED FOR A MOTION TO DECLARE 7617 WHITEHALL CIRCLE EAST A PUBLIC NUISANCE AS PRESENTED BY STAFF. THE NUISANCES MUST BE REMOVED WITHIN SEVEN DAYS WITH MONITORING BY STAFF FOR 90 DAYS FOR COMPLIANCE. AN ADMINISTRATIVE CHARGE OF 25'Y., SHALL BE ADDED TO THE CONTRACTOR FEE FOR THIS PROPERTY. Mrs. Stoker moved approval, seconded by Mr. Wong. APPROVE LICENSE AGREEMENT BETWEEN WEST CHESTER TOWNSHIP AND BACKPACKS FOR PINE RIDGE FOR THE USE OF A PORTION OF THE VOICE OF AMERICA PARK AND THE NATIONAL VOICE OF AMERICAN MUSEUM OF BROADCASTING AND SERVICES RELATED TO THE PRODUCTION AND PRESENTATION OF REZONATE 08'SATURDAY, AUGUST 16 FROM 10:00 AM TO 10:00 PM AND AUTHORIZE THE TOWNSHIP ADMINISTRATOR TO EXECUTE SAID AGREEMENT: Mrs. Stoker moved approval, seconded by Mr. Wong. APPROVE NOT-TO-OBJECT TO NEW LIQUOR PERMIT FOR DINGLE HOUSE LLC AT 9102 WEST CHESTER TOWNE CENTRE DRIVE: Mrs. Stoker moved approval, seconded by Mr. Wong. APPROVE TO ACCEPT THE FOLLOWING STREETS: VILLAGE CENTER, RIVER WALK DRIVE AND URBAN GATEWAY AND JOURNALIZE AT 25 MPH WITH NOTATION THAT ALL LANDSCAPING AND DECORATIVE SIGNS BE THE RESPONSIBILITY OF THE PROPERTY OWNERS ASSOCIATION (POA) WHERE APPLICABLE: Mrs. Boyko noted that there was damage to the streets from semi trailers parking. Staff is assessing the damage to determine repairs but should not keep the Board from approving & journalizing. Mr. Wong moved approval, seconded by Mrs. Stoker. APPROVE TO HIRE FEARING AND HAGENAUER ARCHITECTS FOR PROFESSIONAL SERVICES FOR PHASE 11 FOR CONSTRUCTION PLANS, DOCUMENTS AND CONSTRUCTION INSPECTIONS FOR THE VOICE OF AMERICA BUILDING NOT-TO-EXCEED $120,000 AND AUTHORIZE THE TOWNSHIP ADMINISTRATOR TO EXECUTE A CONTRACT: Mrs. Stoker moved approval, seconded by Mr. Wong. APPROVE TO ACCEPT BID FROM S.K. CONSTRUCTION FOR EARTHWORK IMPROVEMENTS ASSOCIATED WITH THE MILL CREEK CONSERVATION CORRIDOR AND AS DESCRIBED IN WEST CHESTER CLEAN OHIO ROUND 111 GRANT APPLICATION NOT-TO-EXCEED $209, AND AUTHORIZE THE TOWNSHIP ADMINISTRATOR TO EXECUTE CONTRACT: Mrs. Boyko reminded the Board that in June approval had been given to execute a contract with the OKI Regional Council of Governments that

4 woulclreim15ursetl1e =µ PAGE NO. 108 PAGE NO REGULAR M~eeting.. =µ~1th... m DAYTON LEGAL BLANK, INC., FORM NO T',,, ~. Held JULY 22, ~ :: I ownsll1p upto$305,000. for nnprovements mitcle folhe West m. Chester Safety Services pond. Mrs. Stoker moved approval, seconded by Mr. Wong. Discussion: Mrs. Stoker asked Mrs. Boyko to describe the function and importance behind this activity, whereby the Clean Ohio Fund was willing to pay the cost. Mrs. Boyko said that as part of the Mill Creek restoration planning project that OKI embarked upon and that the previous Park Director, Mr. Zerkle, initiated this project for the Township and we have been successful in applying for, and receiving three Rounds of the Clean Ohio grant money, to be used specifically for restoration of the Creek, implementation of a water management system and a water quality system that benefits West Chester in multiple ways. It not only helps us control flood management, it also effectuates some of the water quality issues, serves as a cleansing agent before it reaches the creek and identifies strategic areas that cannot be built upon anyway because it is either flood plain or flood way. We have over 62 acres, as part of the Clean Ohio funding system. Mrs. Stoker noted that it also enhances the bike path in that area. Mr. Wong also commented on the importance of this program in ref to the green space/wetlands along the bike trail, etc. Introduction of Police Officers: The three officers hired in this meeting mrived. Mr. Lang reqnested Col. Bruce to introduce them. Col. Bruce announced that all three men are from military service and all three are combat veterans m1d distinguished themselves in military service. He introduced Jeffrey Gieske, served four years in the U.S. Marine Corps, discharged at the rank of Corporal, served in combat in Iraq as an Infantry Squad Leader - Michael Blankenship, served four years in the U.S. Army, discharged as Sergeant is an Army Ranger Sniper, assigned lo the d Airborne with combat service in Iraq - Donald Gatliff, graduate of Lakota West High School, served four years in the U.S. Marine Corps, discharged as Sergeant, served as a Field Radio Operator and then assigned to the U.S. Special Forces Operations in Afghanistan and is a combat veteran. These new hires were enthusiastically welcomed by all present. APPROVE TO ACCEPT BID FORM WATER QUALITY SYSTEMS FOR LANDSCAPE IMPROVEMENTS ASSOCIATED WITH THE MILL CREEK CONSERVATION CORRIDOR AND AS DESCRIBED IN WEST CHESTER CLEAN OHIO ROUND 111 GRANT APPLICATION NOT-TO-EXCEED $96, AND AUTHORIZE THE TOWNSHIP ADMINISTRATOR TO EXECUTE CONTRACT: Mrs. Stoker moved approval, seconded by Mr. Wong. CITIZEN'S COMMENTS: Dorothy Roth, 7756 Scioto Ct. had questions in ref to the outside of the VOA building being shiny.. Mr. Fearing said the original brick had a matte finish, only the brown glaze had a shiny finish. He said weather conditions could have affected this. Mr. Lang suggested Mrs. Roth get with Mr. Fearing after the meeting for further explanation of this. Carl Rullmann, 8285 Ven tie Dr., compared the expansion of the Lintel expansion with the expansion of government!! Discussion Items & Trustees Comments: Natural Gas Aggregation Update: Mrs. Boyko noted this program has been in existence for over two years. Savings have been minimal & in some months rates were lower than Duke Energy. About half of the Township's residents pm ticipates in the alternative program. The current contract expires at the encl of this month with Independent Energy Consultants, (IEC) Mr. Mark Burns, the broker of the Township's natural gas & electric aggregation program. The Board recertified the natural gas aggregation program and the electrical program for another two years and contracted with!gs for another two years. This began in April of this year thru March of It would be advantageous to renew the contract with IEC. IEC performs brokerage services that predominately insures that all of our filings with PUCO, because we are a certified local government aggregation program, he fulfills all of the documentation filings, all of the certification filings and this is something that Staff is neither equipped, nor has the understanding to fulfill, that type of requirement. The broker is paid by whoever the gas supplier for the program is. There are no Township dollars expended for this contract. She said it would be advantageous for the Board to renew the contract with IEC and with no action needed at this meeting, she asked for a

5 PAGE NO. 109 PAGE NO REG!!I4\R... Meeting Held'~~~~~~~~~~~~JUL~Y~ 2 _ 2 _ ~~~~~~~~~~2cfl_ 8 ~~~ sense from the Board to place it on the next agenda and that it would have a favorable opinion. Mr. 'Vong asked if Mrs. Boyko wanted approval for continuing this program. Mrs. Boyko replied that with the way the current program is structured, consumers have signed up and are in the program for another two years, because we have contracted with another gas supplier, IGS, and that service will run through It is important to note that a consumer can opt out at no penalty but the contract goes until March 31st of It would be helpful for Staff to have a consultant broker to continue to manage the program and at no cost to the Township. Mr. Wong said to proceed. Mrs. Stoker agreed and said it offers citizens the opportunity to select the provider and it encourages competition and helps to keep the prices down and she has had no complaints from any citizen and that there is no cost to the Township. Mr. Lang said he disagrees. He said he does not believe the government should be interfering with market forces. Our customers that are in this are not saving money relative to Duke. I am not for this in any way. I think we should get out of the aggregation business altogether. The fact is that 11,000 people have opted out and, in my personal business, people can opt out of our program and usually 4 or 5% opt out. The fact that 50% have opted out speaks to me volumes and, I believe that those who are still in it don't even know they are in it. This is just my opinion. He said he spoke with the broker and what he uses to predict forcasts and received illogical answer. He understands the need for a broker and encouraged getting out of this at the end of the next two years. Mrs. Stoker said she understands Mr. Lang's points but she likes that citizens have a choice. Mr. Lang said that they do have a choice anyway. The Township just made it easier. Mrs. Boyko said she has no hard facts but believes the competition has brought more competitive rates from Duke to southwest Ohio's consumers, five communities out of twenty participate in the aggregation program. Conservation of Natural Resources: Mrs. Boyko submitted: Conservation and Efficient Use of Natural Resources Plan. This included simple, basic and a common sense approach to saving natural resources, such as; routine maintenance of all vehicles and equipment, sensible & good driving habits, dispatch emergency vehicles per protocol for safely & security of personnel & caller in need and disregard additional units when determined safe to proceed, explore technology, training, teleconferencing, for internal & external meetings to reduce vehicular trips, cost benefit analysis, possible flex time for employees, ride sharing, proactive research for energy savings, turn off computers, lights, etc. Mrs. Stoker complimented Mrs. Boyko on the work she has done on the conservation program for the Township. She encouraged her, when looking at new technology, to look at places it has been implemented to make sure it is a good idea. She commented on the Extreme Makeover program for the Akers family. She asked that letters of appreciation be sent to ABC & the Extreme Makeover team but as people or organizations that can be identified who worked so hard on this project. She commented on the outsourcing for services that is already being done by the Township and asked for agreement from the other two Trustees to support further research & investigation into looking for other areas for outsourcing. She suggested possible savings in regionalizing some of the things such as training and hosting this by the Township. Mrs. Boyko noted that has been clone and is continually being studied. Mr. Wong stated he is still overwhelmed by the attendance at the last meeting and read a prepared statement expressing & encouraging the residents & businesses to learn about procedures of their local government. He also expressed his enthusiasm for the local Farmers' Market and the activity at Union Centre. Mr. Lang said at the Gundler meeting the Deitzers had asked ifthere was a better way for the Township to communicate on a major issue like the Gundler Farm. The Township went above and beyond what was required by the Ohio Revised Code. A message was sent to about 40 people and for some reason those people did not share that message. No one appeared at the Zoning Commission meeting and then a group of people tried to overturn the Zoning Commission but at that time it was too late. He said Senator Cates suggested notifying everyone via so from now for everyone who subscribes to the Township E-News, this will be on there. He said there are only about 1100 subscribers out of22,000 homes. He encouraged anyone who watches the Township meetings to subscribe to the newsletter on the Township web page. He also commented on the

6 PAGE NO. llo PAGE NO. llo ---~Minnte"~oL REGULAR Meeting~--~ Held JUL Y_2_2_, 2oos action at the Farmers' Market and the dates for the UCB Bash. He agreed with sending letter to those that worked on the Extreme Makeover project for the Akers. He said he would like to do an official Proclamation to let them know how much they are appreciated. Mrs. Stoker suggested a reception be held prior to a Township meeting. Mr. Lang agreed. At 7:23 PM, Mr. Lang asked for a motion to adjourn the regularly scheduled meeting and go into executive session for the purpose of discussing, with legal counsel, pending litigations, contracts for purchase of real property and certain personnel matters and policies for Township employees. Mrs. Stoker so moved, seconded by Mr. Wong. APPROVED: ~ :Z / /~. / (,})~. / George Lang, President RESPECTFULLY SUBMITTED: PatriciaWiliiams, Fiscal Officer

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