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INDIAN HILL VILLAGE COUNCIL - VILLAGE OF INDIAN HILL - The Village ...
VILLAGE OF INDIAN HILL
                       INDIAN HILL VILLAGE COUNCIL

                                   Melissa S. Cowan—Mayor
                            Donald C. McGraw—Vice Mayor
                                               Richard J. Hidy
                                      Elizabeth C. Isphording
                                          Stephen H. Krehbiel
                                           Shayne O Manning
                                           Monique A. Sewell

                         Paul C. Riordan—Clerk/Comptroller
                             Scott D. Phillips—City Solicitor
                             Dina C. Minneci—City Manager

Village of Indian Hill Council Packet—June 15, 2020
INDIAN HILL VILLAGE COUNCIL - VILLAGE OF INDIAN HILL - The Village ...
Village of Indian Hill Council Packet—June 15, 2020
INDIAN HILL VILLAGE COUNCIL - VILLAGE OF INDIAN HILL - The Village ...
Agenda

                             THE CITY OF THE VILLAGE OF INDIAN HILL
                                    INDIAN HILL COUNCIL AGENDA
                                        Via remote webinar access
         https://us02web.zoom.us/j/89956352035?pwd=cGN3bDhsemNTaGtuUGpvQnJVZ2VCUT09
                                         Audio dial: 312-626-6799
                                        Webinar ID: 899 5635 2035
                                            Password: 940597
                                              June 15, 2020
1.      Pledge of allegiance

2.      Call to order & roll call

3.      Minutes of May 18, 2020 Regular Council meeting

4.      Citizen Participation – move to the end of meeting to coordinate with remote access

5.      Finance Committee – Mrs. Sewell
        a. Review Financial Statements for May 2020
        b. Report on Finance Committee meeting
        c. Public Hearing on 2021 Tentative Tax Budget
               a) Open the Public Hearing
               b) Discussion
               c) Close Public Hearing
        d. Resolution Adopting the 2021 Tentative Tax Budget of the City of the Village of Indian
           Hill for Fiscal Year Beginning January 1, 2021 and Submitting Same to Hamilton County
           Auditor (Recommend Passage of Resolution)
        e. Request a Suspension of Rules and enter into Emergency Session for the deliberation of the
           following budget-related Ordinances:
               a) Ordinance Establishing the City of the Village of Indian Hill (“Indian Hill”)
                   Coronavirus Relief Fund, and Declaring an Emergency (Recommend Adoption of
                   Emergency Ordinance)
               b) Ordinance Providing for the Issuance of Not to Exceed $2,125,000 of Bonds by the
                   City of the Village of Indian Hill, Ohio for the Purpose of Refunding Various
                   Purpose General Obligation Bonds of the City, and Declaring an Emergency
                   (Recommend Adoption of Emergency Ordinance)

6.      Law Committee – Mr. Hidy
        a. Report on Law Committee meeting
        b. Resolution Authorizing the City Manager to Execute the First Amendment to Lease and Purchase
           Agreement with Christopher D. South and Julianne E. South for the Property Located at 9400
           Given Road, Known as the Elliott House (Recommend Passage of Resolution)
        c. Resolution Engaging Dinsmore & Shohl, LLP as Bond Counsel for the City of the Village
           Of Indian Hill, Ohio (Recommend Passage of Resolution)

Village of Indian Hill Council Packet—June 15, 2020
INDIAN HILL VILLAGE COUNCIL - VILLAGE OF INDIAN HILL - The Village ...
Agenda
7.      Buildings and Grounds Committee – Mayor Cowan
        a. Report on Buildings and Grounds Committee meeting

8.      Public Works Committee – Mr. Krehbiel
        a. Report on Public Works Committee meeting

9.      Water Works Committee & Utility Deregulation Committee – Mrs. Isphording
        a. Report on Water Works and Utility Deregulation Committee meeting
        b. Third Reading – Ordinance Changing the Rates to be Charged for Water Supplied to
           Customers by Amending Section 51.55 Rates of the City of the Village of Indian Hill, Ohio
           Code of Ordinances (Ordinance Attached)
        c. Request a Suspension of Rules and enter into Emergency Session for the deliberation of
           the following budget-related Ordinance:
               d. Ordinance Changing the Rates to be Charged for Water Supplied to Customers by
                   Amending Section 51.55 Rates of the City of the Village of Indian Hill, Ohio Code of
                   Ordinances, and Declaring an Emergency (Recommend Adoption of Emergency
                   Ordinance)

10.     Public Safety Committee – Vice Mayor McGraw
        a. Report on Public Safety Committee meeting

11.     Planning Commission – Mr. Manning
        a. Report on the May 19, 2020 Planning Commission meeting

12.     City Manager’s Report
        a. Village COVID-19 Re-openings – Administrative offices, Mayor’s Court, Shooting Club, tennis
           courts, non-contact sports, skills training only for contact sports
        b. July 4, 2020– Fourth of July Parade and festival postponed due to COVID-19
        c. July 4, 2020 – Fireworks at Stephen Field at 9:45 p.m. – parking in adjacent lots allowed with
           COVID-19 restrictions
        d. August 31, 2020 - Strategic Planning/Preliminary Council Goals discussion during Regular
           Council meeting – 6:30 p.m.

13.     Request Motion to go into Executive Session for purpose of discussing property sale
        and/or acquisition

14.     Adjournment

Village of Indian Hill Council Packet—June 15, 2020
Minutes

                                               MINUTES OF MEETING
                                         INDIAN HILL VILLAGE COUNCIL
                                                      May 18, 2020

        A meeting of the Indian Hill Village Council was held on May 18, 2020 at 6:30 p.m. The meeting was
held via remote Webinar access to respect social distancing as required as a result of the Coronavirus
pandemic.

Officials present:                Mrs.    Melissa S. Cowan, Mayor
                                  Mr.     Donald C. McGraw, Vice-Mayor
                                  Mr.     Richard J. Hidy, Council member
                                  Mrs.    Elizabeth C. Isphording, Council member
                                  Mr.     Stephen H. Krehbiel, Council member
                                  Mr.     Shayne O Manning, Council member
                                  Mrs.    Monique A. Sewell, Council member

                                  Ms.     Dina C. Minneci, City Manager
                                  Mr.     Scott D. Phillips, City Solicitor
                                  Mr.     Paul C. Riordan, Clerk/Comptroller

PLEDGE OF ALLEGIANCE: Council opened the meeting with the Pledge of Allegiance.

MINUTES: The minutes of the r egular meeting of Apr il 20, 2020 had pr eviously been distr ibuted to
each Council member. Council member McGraw made a motion to accept the minutes, which was seconded
by Council member Sewell and was approved as corrected 7-0.

FINANCE COMMITTEE REPORT: Council member Sewell dir ected Council’s attention to a memo
titled, “Finance Committee”. She reported that the Finance and Water Works committees met for a combined
meeting on May 8, 2020 by remote Webinar access to discuss several items in advance of the Council
meeting.

        Council member Sewell also directed Council’s attention to the April 2020 financial statements which
were included in the Council packet. Council member Sewell provided the following financial highlights in

Village of Indian Hill Council Packet—June 15, 2020
Minutes

her financial report:

        a. Income Tax Receipts: The Village r eceived $902,395, which was appr oximately $9,800,000
             less than received in April 2019. Year-to-date cash receipts are 13.1% of budget. As a result of
             COVID-19, the deadline for income taxes was extended from April 15, 2020 to July 15, 2020. Tax
             receipts over the next three months are expected to be sporadic until July 15th.
        b. Operating Disbursements: Oper ating expenditur es equated to $1,380,000 which is $512,000
             more than April 2019. This is due to April being a three-pay period month, the journalizing of a
             expenses from the OPWC Remington Road project (offset by grant revenue), and timing of various
             payments.
        c. CIRF: Disbur sements totaled $232,218. They ar e associated with jour nalizing Shawnee Run
             culvert repairs paid for by Ohio Department of Transportation (offset by grant revenue).
        d. Water Works Receipts: Water usage r eceipts wer e $198,605 which is appr oximately $27,000
             more than April 2019 receipts. Year-to-sate cash receipts are 29.9% of budget.
        e. Water Works Disbursements:                 Total oper ating disbur sements wer e $231,822 which is
             approximately $51,000 more than April 2019. This is due to April being a three-pay period month
             and timing of payments.
        f. Water Works CIRF: Disbur sements totaled $15,800. This is associated with water main
             engineering.
        g. Long Term Debt: Ther e was no activity in Apr il. The next semi-annual principal and interest
             payment for the 2009 Water Works bond will be made in May.
        h. Cash and Investments: Total month-end cash and investments were $26,395,234 compared to
             $26,442,153 in March 2020 and $35,847,542 in April 2019. Month-to-month and year-to-year
             changes are affected by the delayed income tax deadline from April 15th to July 15th as a result of
             COVID-19. We have sufficient cash to fund the Village operations through July 15, 2020 when
             the majority of the income tax receipts should be received.
        i. Rowe Funds: The mar ket value as of Apr il 30th was $3,516,900 which was a 9% decrease since
             12-31-19. This is in conjunction with the overall stock market decline associated with COVID-19.
             The unrecognized gain was $801,553. Total monthly operating receipts, including dividends, were
             $7,030 with monthly operating expenses totaling $20,570 and investment sale net loss of $494.
        j. Green Areas Funds: The mar ket value as of Apr il 30th was $2,971,712 which was a 9%
             increase since 12-31-19. The unrecognized gain was $1,582,539. Total monthly earnings equated
             to $54 with monthly expenses totaling $0.

Village of Indian Hill Council Packet—June 15, 2020
Minutes

        The financial statements for April 2020 had previously been distributed to each Council member.
There being no exceptions noted, the financial statements were accepted as issued.

        Council member Sewell reported that the Finance committee reviewed a proposal which would refund
the Series 2009 General Fund Obligation Bond that is associated with water main replacements and is
expected to expire in 2028.          By keeping the same expiration term of 2028, the Village would save
approximately $154,000 over the next eight years while incurring approximately $30,000 in reissuance fees,
resulting in a net savings of $124,000. She explained that after reviewing the process, the Finance committee
recommended moving forward with the refunding. An Ordinance will be placed on the June Council meeting
agenda which gives staff the ability to submit the appropriate documentation.

        Council member Sewell reported that the Finance committee discussed the traffic study and urban
forestry study that are included in the 2020 budget and defined as 2020 Council Goals.              Due to the
undetermined financial impacts of COVID-19, budget items are being reviewed for possible deferment. The
traffic study was scheduled to be performed during the spring to accommodate school and construction/
landscaping traffic. However, due to school closures resulting from COVID-19, the traffic study results
would be ineffective. Council member Sewell reported that the Finance committee recommended delaying
the $20,500 traffic study until more accurate financial effects of COVID-19 can be determined. She said that
the urban forestry study’s intent was to develop a strategic plan for tree reforestation and proactive methods of
soil preservation/stability within the Village green areas which would allow for sustainable and viable tree
growth. Although this study is important to provide direction on preserving the future of the Village green
areas, the Finance committee recommended delaying the $30,000 study until more accurate financial effects
of COVID-19 are determined.

        Council member Sewell reported that the Finance committee reviewed a very preliminary financial
outlook for the 2020 budget and 2021 budget preparation as it relates to the COVID-19 pandemic. The
analysis included estimates on how revenues and expenditures may be affected based on the information
known at this time. Council member Sewell said that however, being early in the process, ever-changing
regulations/directives from the state and federal government, and much still unknown about the future of the
pandemic, the estimated decrease in revenues and evaluation of what specific areas of the budget may need to
be reduced/deferred cannot be pinpointed at this time. Both areas must be analyzed on a month by month
basis, with COVID-19 effects being a key factor during the 2021 budget preparation. The full effect of
COVID-19 on the Villages finances will not be completely realized until April 2021 when this year’s income

Village of Indian Hill Council Packet—June 15, 2020
Minutes

taxes are due. Council member Sewell said that overall, the Village has a very strong fund balance reserves
and has always been prudent with its spending. This provides a sustainable threshold to work through this
pandemic and beyond to ensure a viable financial standing while continuing high quality services to the
residents.

        Council member Sewell reported that the Finance committee reviewed the water rate analysis
spreadsheets which included a revised revenue estimates over the next ten years. Original estimates were
based on the average of the past ten years’ worth of actual revenue received. She said that the revised
spreadsheets included an average based on the past five years’ worth of actual revenue received due to those
years having increases and the prior five years not having rate increases. The Finance committee remains
committed to recommending a 10% increase that begins in July and was proposed with last month’s first
legislative reading. Council member Sewell reported that these revisions will be used in future analyses as the
Finance and Water Works committees work toward ensuring strong Water Works fund balances and planning
for future infrastructure projects.

LAW COMMITTEE REPORT: Council member Hidy dir ected Council’s attention to a memo titled,
“Law Committee”. He reported that the Law committee met on May 11, 2020 by remote Webinar access to
review several items in advance of the Council meeting.

        Council member Hidy reported that Ms. Minneci updated the Law committee on a “meet and greet”
that was held with Mr. Rick Gibson, the new Magistrate. He met with the Rangers, Mr. Milliron, Mr. West
and Mr. Gully to discuss process, procedures and types of cases. Staff will be preparing for Mayor’s Court to
resume on June 15th which will include “Stay Safe Ohio” guidelines to ensure a safe environment for all those
in attendance.

        Council member Hidy reported that Ms. Minneci updated the Law committee on the passage of Issue
1, Charter recommendations, in the April 28th Primary Election. The Board of Elections has up to May 19th to
certify the election results, but it is anticipated they will be completed within the next week. Subsequent to
the Law committee meeting, the Board of Elections certified the election results on May 14, 2020. The
charter changes become effective immediately. Upon certification, the Village is required to certify a copy of
the amendment to the Secretary of State within 30 days after the date of election.

        Council member Hidy reported that the Law committee reviewed the revised draft agreements between

Village of Indian Hill Council Packet—June 15, 2020
Minutes

the Village of Indian Hill and the Indian Hill Historical Society for leasing Buckingham Lodge and Little Red
Schoolhouse. Both parties are satisfied with the agreements. The Law committee recommends the passage of
the two Resolutions – one for the Buckingham Lodge and one for the Little Red Schoolhouse which allows
the City Manager to enter into these agreements.

             A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
             A NEW LEASE AGREEMENT WITH THE INDIAN HILL HISTORICAL
             MUSEUM ASSOCIATION FOR THE BUCKINGHAM LODGE was pr esented
             and read.

        Upon motion by Council member Hidy, seconded by Council member McGraw, the Resolution was
passed by voice vote 6-0 with Council member Krehbiel abstaining. Mayor Cowan declared Resolution 09-20
adopted.

             A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
             A NEW LEASE AGREEMENT WITH THE INDIAN HILL HISTORICAL
             MUSEUM ASSOCIATION FOR THE LITTLE RED SCHOOLHOUSE was
             presented and read.

        Upon motion by Council member Hidy, seconded by Council member McGraw, the Resolution was
passed by voice vote 6-0 with Council member Krehbiel abstaining. Mayor Cowan declared Resolution 08-20
adopted.

        Council member Hidy reported that the Law committee convened into Executive Session for the
purpose of discussing the April legal activity report that included discussions on pending litigation and
property acquisition.

        Mayor Cowan thanked everyone for all of their work on finalizing the lease agreements and she said
that the work that Frost Brown Todd did was incredible. She said that Ms. Minneci and Mr. West have put in
many hours on this project and she thanked them for all their work.

        Ms. Minneci thanked Mayor Cowan for her commitment and due diligence to finalize these
agreements. Ms. Minneci also explained that she had sent the recent minor changes to Rosemary Welsh,

Village of Indian Hill Council Packet—June 15, 2020
Minutes

President of the Indian Hill Historical Society, and she agreed with the changes.

BUILDINGS & GROUNDS COMMITTEE REPORT: Mayor Cowan dir ected Council’s attention to a
memo titled, “Buildings and Grounds Committee”. She reported that the Buildings and Grounds committee
met on May 12, 2020 by remote Webinar access to discuss several items in advance of the Council meeting.

        Mayor Cowan reported that Mr. Adkins presented the departmental activity report, a copy of which is
included in the Council packet. She highlighted that during the last month hand sanitizers were installed in
various facilities; fallen trees were cleared in various locations in the Village; and lacrosse and soccer fields
were painted.

        Mayor Cowan reported that Mr. West and Mrs. Wade-Dorman distributed to the Buildings and
Grounds committee the project management report, a copy of which is included in the Council packet. She
reported that Mr. West highlighted that Grand Valley attendance continues to be at high levels due to the
COVID-19 situation.

        Mayor Cowan reported that Big Fish Farm had 43 paddlefish harvested which resulted in 71 lbs. of
caviar and 186 lbs. of meat. Per the agreement between Big Fish Farm and the Village, the Village received
20% of the total which resulted in revenues of $1,802.

        Mayor Cowan reported that the new part-time employee began at Rowe Arboretum. Mr. Tony Weztel
worked at the Cincinnati Zoo for over 30 years and brings a wealth of knowledge to assist Mr. Donovan.

        Mayor Cowan reported that this year’s Reforest the Hill program has had seven donations thus far,
totaling $19,500.

        Mayor Cowan reported that the consultant has started in-office mapping of Redbirdhollow. Depending
on COVID-19 regulations, field work is expected to begin in June with preliminary design to be completed by
late July.

        Mayor Cowan reported that the Buildings and Grounds committee discussed delaying the urban
forestry study that is included in the 2020 budget and defined as 2020 Council Goals.               Due to the
undetermined financial impacts of COVID-19, budget items are being reviewed for possible deferment. She

Village of Indian Hill Council Packet—June 15, 2020
Minutes

said that the Buildings and Grounds committee agrees with this determination.

        Mayor Cowan reported that the Buildings and Grounds committee reviewed a presentation by Mr.
Steuerwald, Shooting Club Manager for a plan to re-open the Shooting Club which includes policies related to
the current COVID-19 statewide regulations. Some of these policies include: 1) six foot social distancing
must be respected; 2) additional cleaning and sanitizing will take place throughout the day; 3) only members;
no guests; 4) attendance limited to less than ten people; and 5) members limited to 90 minute sessions. At this
time, the opening is expected to be June 1, 2020 to allow time for preparation and employee training.

        Mayor Cowan reported that the Buildings and Grounds committee discussed opening Stephan Field
tennis courts. Due to it being an outdoor facility and tennis being a non-contact sport, exposure to COVID-19
is less. However, the decision also centers on how opening of the courts would need to abide by the current
Stay Safe Ohio orders. Therefore, the Buildings and Grounds committee recommended opening the tennis
courts after advertising restrictions to the public. Staff will work to advertise those restrictions through
signage at the tennis courts, on the website and in the Bulletin.

        Mayor Cowan reported that the Buildings and Grounds committee also discussed the opening of all
other Village facilities, including the renting of Livingston Lodge. Staff indicated it is waiting to see if a
revised Stay Safe Ohio order will be issued after its current expiration date of May 29, 2020.

        Mayor Cowan reported that the Buildings and Grounds committee discussed a new policy related to
providing Grand Valley passes to Indian Hill water users who live in a complex with one water meter.
Distribution of passes will be based solely on quarterly reports that must be submitted by the complexes to
ensure residency.

        Mayor Cowan reported that staff updated the Buildings and Grounds committee on another generous
donation. Mr. Rick Pratt has offered to purchase 1,000 daffodil bulbs to be placed near the Administration
Building or other locations that he and the Public Works department deem appropriate. She said that the
Village is very appreciative of Mr. Pratt’s outreach and desire to give back to his community.

PUBLIC WORKS COMMITTEE REPORT: Council member Kr ehbiel dir ected Council’s attention to
a memo titled, “Public W orks Committee”. He reported that the Public Works committee met on May 12,
2020 by remote Webinar access to review several items in advance of the Council meeting.

Village of Indian Hill Council Packet—June 15, 2020
Minutes

        Council member Krehbiel reported that Mr. Adkins presented the departmental activity report, a copy
of which is included in the Council packet. Staff cleared trees from the right-of-way in several locations.
Staff also trimmed honeysuckle along Graves Road and Taft Place, installed cold patch on various streets and
repaired guardrail in multiple locations. In addition, the crews replaced storm pipe on Red Fox Lane and
continued to clear tornado damage debris.

        Council member Krehbiel reported that Mrs. Wade-Dorman distributed the project management
report, a copy of which is included in the Council packet. Summaries for upcoming infrastructure projects are
as follows:

        a. Keller Road Bridge – All wor k has been completed.
        b. Shawnee Run Road Bike Path – All work has been completed.
        c. Blome Road Bridge – Due to the state budget process being delayed as a result of COVID-19, the
              project may be delayed. However, the Village and County continue to finalize the design with
              stage design plans due this month.
        d. Given Road Bridge – Contractor has completed final design drawings and adjacent property
              owners have provided temporary right-of-way easements. Staff is anticipating bid advertisements
              to occur in June with construction commencing in July/August.
        e. Hopewell & South Given Gabion Walls Replacement – Design proposals have been updated for
              restoring the drainage channel and stabilizing the areas. Site assessment is scheduled for June.
        f. Remington Road (S.R. 126) Pier Wall Extension and Draining Improvements – Design wor k
              is being performed in 2020 with construction anticipated in 2021.
        g. Street Resurfacing – Cur b r eplacement began on Loveland-Madeira Road. In addition, full
              depth repairs have begun on Caroline’s Trail, Weil Road and Fawn Meadow.

        Council member Krehbiel thanked Ms. Minneci and Public Works staff for all the work to clean up the
damage caused by the recent tornado.

WATER WORKS REPORT: Council member Isphor ding dir ected Council’s attention to a memo
titled, “W ater W orks and Deregulation Committee”. She reported that the Water Works met on May 12, 2020
via remote webinar access to review several items in advance of the Council meeting.

Village of Indian Hill Council Packet—June 15, 2020
Minutes

        Council member Isphording reported that Mr. Adkins presented the departmental activity report, a
copy of which is included in the Council packet. Staff repaired two main breaks and installed two water taps.
Plant operators responded to 253 customer service calls and performed maintenance on the fluoride injection
system.

        Council member Isphording reported that Mrs. Wade-Dorman distributed the project management
report, a copy of which is included in the Council packet.

        Council member Isphording highlighted the following:

        a. Water treatment plant brine storage tank replacement – both new tanks have been installed.
             The updates that are being made to the SCADA system will be the final step in the process.
        b. Algonquin water main replacement – a pr econstr uction meeting will occur this month and
             construction is expected to begin in June.
        c. Well #9 rehabilitation project – equipment has been ordered with a lead-time of twelve weeks.
        d. Water treatment softener rehabilitation project – bid opening is May 28th.

        Council member Isphording said that the Village does a very good job on softening the water and this
is just a rehab of the existing system.

        Council member Isphording reported that the Water Works committee reviewed a proposal from staff
which would refund the Series 2009 General Fund Obligation Bond that is associated with water main
replacements and is expected to expire in 2028. By keeping the same expiration date of 2028, the Village
would save approximately $154,000 over the next eight years while incurring approximately $30,000 in
reissuance fees, resulting in a net savings of $124,000. After reviewing the process, the Water Works
committee recommends moving forward with the refunding. An Ordinance will be placed on the June
Council meeting agenda which gives staff the ability to submit the appropriate documentation.

        Council member Isphording reported that the Water Works committee reviewed water rate analysis
spreadsheets which included a revised revenue estimate over the next ten years. Original estimates were based
on the average of the past ten years’ worth of actual revenue received. The revised spreadsheets included an
average based on the past five years’ worth of actual revenue received due to those years having increases and
the prior five years not having rate increases.           The Water Works committee remains committed to

Village of Indian Hill Council Packet—June 15, 2020
Minutes

recommending a 10% increase that begins in July and was proposed with last month’s first legislative reading.
These revisions will be used in future analyses as the Finance and Water Works committees work toward
ensuring strong Water Works fund balances and planning for future infrastructure projects.

        Council member Isphording reported that the Water Works committee was updated on the discussions
with Madeira on infrastructure acquisition. Staff presented an overview of revenue and costs associated with
forty years’ worth of water main replacements (coordinated with Madeira’s road resurfacing plan) and a
surcharge sufficient to match the installation and future maintenance costs.

        Council member Isphording reported that the Water Works committee recommends a second reading
of the Ordinance for 10% water rate increase.

             AN ORDINANCE CHANGING THE RATES TO BE CHARGED FOR WATER
             SUPPLIED TO CUSTOMERS BY AMENDING SECTION 51.55 RATES OF
             THE CITY OF THE VILLAGE OF INDIAN HILL, OHIO CODE OF
             ORDINANCES was pr esented and r ead for the second r eading.

SAFETY COMMITTEE REPORT: Council member McGr aw dir ected Council’s attention to a memo
titled, “Safety Committee”. He reported that the Safety committee met on May 11, 2020 via remote webinar
access to review several items in advance of the Council meeting.

        Council member McGraw reported that Chief Oughterson distributed the April Fire/EMS activity
report, a copy of which is included in the Council packet.

        Council member McGraw reported that Chief Oughterson indicated that runs continue to be down
from last year throughout the pandemic. He also reported that Chief Oughterson presented a chart which
highlighted runs that included COVID-19 symptoms and compares them to last year runs. The chart shows no
surge in these cases. Over the past month, daily staffing average was nine. The District currently is accepting
bids for landscaping the area where the retired Fire Chief’s house was demolished.

        Council member McGraw reported that Chief Oughterson gave an assessment of COVID-19. Besides
gowns, Chief Oughterson feels they have a good handle on PPE although the acquisition of it remains
competitive on a national scale. The Department of Health communicated that there are six to seven COVID-

Village of Indian Hill Council Packet—June 15, 2020
Minutes

19 cases within the District.

        Council member McGraw reported that Chief Oughterson provided the Safety committee with an
update on a barn fire that occurred on Drake Road. There was no harm to individuals or animals; however,
the barn was estimated to be a $300,000 loss. The cause of the fire is undetermined; however, the Chief
believes it was initiated by electrical connections for heavy machinery.

        Council member McGraw reported that Colonel Schlie distributed the April Ranger’s report, a copy of
which is included in the Council packet. Cases included general information, construction noise after hour
violations, ID Theft and the barn fire. Colonel Schlie also provided an assessment of COVID-19. He felt
their PPE was adequate as of right now; however, they are always on the search for sanitizing resources. The
Village is accepting applications for a dispatcher position due to the retirement of Diane Slagle last month.

        Council member McGraw reported that the Safety committee discussed delaying the traffic study that
is included in the 2020 budget and was defined as a 2020 Council Goal. He said that this issue had been
previously reported on by Council members Sewell and Isphording. He said that the Safety committee
recommends delaying the $20,500 traffic study until more accurate financial effects of COVID-19 can be
determined.

PLANNING COMMISSION REPORT: Council member Manning directed Council’s attention to a memo
titled, “Planning Commission”. He reported that the Planning Commission met on April 21, 2020 and
approved a request for Final Plat approval for the “Drake Road Subdivision” located at 5680 Drake Road.
The proposed subdivision will split the existing 11.3-acre parcel into three separate residential building lots
served by a private drive.

CITY MANAGER’S REPORT: Ms. Minneci pr esented the following in her City Manager ’s r epor t:

        a. May 25, 2020 Memorial Day – The Village administrative offices will be closed.
        b. May 25, 2020 Armstrong Chapel Memorial Day Observance – cancelled due to COVID-19.
             Articles will be placed in the Bulletin on this event including the names of those buried at the
             Chapel and a copy of the Mayor’s speech.
        c. July 4th/festival/fireworks – everyone is awaiting to make a decision until more is known about the
             COVID-19 changes on June 1, 2020. This decision will be monitored on a daily basis.

Village of Indian Hill Council Packet—June 15, 2020
Minutes

        d. Tennis courts will be opening up. Signage will be ready on May 20, 2020.
        e. Shooting Club – will open on June 1, 2020. Dick Steuerwald will be putting out a memo
             explaining the guidelines for opening the range.

        Council member McGraw made a motion that Council enter into Executive Session for purpose of
discussing property sale and/or acquisition and pending litigation with the City Solicitor. The motion was
seconded by Council member Sewell and was passed by roll call vote 7-0. Council entered into Executive
Session. Council returned from Executive Session

        There being no further business to come before Council, Mayor Cowan declared the meeting
adjourned.

                                                      Respectfully submitted,

                                                      Melissa S. Cowan, Mayor

ATTEST:

Paul C. Riordan, Clerk

Village of Indian Hill Council Packet—June 15, 2020
COMMITTEE
             REPORTS

                            Finance
                             Law
                     Buildings & Grounds
                         Public Works
               Water Works & Utility Deregulation
                         Public Safety
                     Planning Commission

Village of Indian Hill Council Packet—June 15, 2020
Village of Indian Hill Council Packet—June 15, 2020
Committee Reports—Finance

                                               Finance Committee
                                             Monique Sewell, Chairperson
                                                      Steve Krehbiel
                                                        Rich Hidy

The Finance Committee met at 7:30 a.m. on May 8, 2020 via remote webinar access. All members were
present, including Mayor Cowan and Vice Mayor McGraw. Mrs. Minneci, Mr. West, Mr. Riordan, Mrs.
Chaney and Mr. Gully were the staff members in attendance.

    1. Mr. Riordan provided the May financial statements (Financial Statements attached):
       a. Income Tax Receipts: The Village r eceived $482,124 which is appr oximately $252,000 mor e
          than received in May 2019. Year to date cash receipts are 16.3% of budget. As a result of COVID-
          19, the deadline for income taxes was extended from April 15, 2020 to July 15, 2020. Tax receipts
          over the next three months are expected to be sporadic until July 15th.
       b. Operating Disbursements: Oper ating expenditur es equate to $903,063 which is $260,000 less
          than May 2019. This is due to May 2019 being a three pay period month and timing of various
          payments.
       c. CIRF: Disbur sements totaled $215,944. They ar e associated with the Muchmor e Pier wall
          project carried over from 2019 and the purchase of a leaf vacuum.
       d. Water Works Receipts: Water usage r eceipts wer e $171,199 which is appr oximately $14,000
          more than May 2019 receipts. Year to date cash receipts are 35.3% of budget.
       e. Water Works Disbursements: Total oper ating disbur sements ar e $357,407 which is
          approximately $33,000 less than May 2019. This is due to May 2019 being a three pay period
          month and timing of payments.
       f. Water Works CIRF: Disbur sements totaled $42,921. This is associated with semi-annual
          interest payment on the 2009 Water Works bond.
       g. Long Term Debt: The semi-annual interest payment for the 2009 Water Works bond was paid.
       h. Cash and Investments: Total month end cash and investments wer e $25,827,642 compar ed to
          $26,395,234 in April 2020 and $34,559,945 in May 2019. Month to month and year to year
          changes are affected by the delayed income tax deadline from April 15th to July 15th as a result of
          COVID-19.
       i. Rowe Funds: The mar ket value as of May 31st is $3,872,618 which is a 6.8% decrease since
          12/31/19. This is in conjunction with the overall stock market decline associated with COVID-19.
          The unrecognized gain is $901,019. Total monthly operating receipts, including dividends, were
          $7,747 with monthly operating expenses totaling $14,967 and investment sale net gain of $4,801.
       j. Green Areas Funds: The mar ket value as of May 31st is $3,101,401 which is a 14.5% increase
          since 12/31/19. The unrecognized gain is $1,712,009. Total monthly earnings equate to $44 with
          monthly expenses totaling $0.

    2. Mr. Gully distributed copies of the draft 2021 Tentative Tax Budget for the Committee members to
       review and discuss.

        This proposed 2021 budget reflects total estimated revenues of $13.2 million against estimated
        operating expenses of $14 million and capital/retirement reserve expenditures of $2.9 million. Total
        ending balance for all 2021 funds is estimated at $14.9 million. It was noted that the tax budget
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        represents a starting point for the preparation of the more encompassing 2021 budget process. The
        formal, detailed budget review process begins in July and continues through the December
        Appropriation ordinance. This process includes many meetings amongst staff, the Finance Director,
        Comptroller, City Manager and Council Committees where individual line items are thoroughly
        analyzed and adjusted as needed. In addition, Council will hold a Strategic Planning session in August
        which will evaluate priorities for the upcoming year.

        The 2021 Tentative Tax Budget includes a 20% reduction in income tax receipts due to the effects
        known at this time about COVID-19. However, with the stock market on the rise after a significant
        slump, ever-changing regulations/directives from the state and federal government, and much still
        unknown about whether a second virus wave will occur, the decrease is simply a starting point.
        Income tax receipts will be analyzed on a month by month basis, with revolving COVID-19 effects
        being a key factor.

        The Committee will hold a public hearing on the 2021 Tentative Tax Budget at the June Council
        meeting (Tentative Tax Budget Attached). After the hearing, the Committee will recommend a
        Resolution adopting the Tax Budget of the City of the Village of Indian Hill for the Fiscal Year 2021
        beginning January 1, 2021 and submitting the same to the County Auditor (Resolution attached).

    3. Mrs. Chaney provided an overview of the health insurance renewal for August 1, 2020 through July
       31, 2021. The Village is included in the Center for Local Government Benefits Plan Health Insurance
       pool. It is one of 17 government entities who pool resources to provide effective health care coverage
       for its employees while also being conscious of the overall budget. The pool is self-insured and
       includes approximately 650 employees and 1,700 total individuals.

        Ms. Chaney indicated that the premiums will be increasing by 9.9% beginning August 1, 2020. This is
        due to large claim activity (> $25,000) significantly increasing over the past year. The premium
        increase was actually higher; however, changes in the prescription program helped reduce it to 9.9%
        which results in a $76,000 increase to the Village based on current enrollments. Since 2013, the health
        insurance plan has had an average yearly increase of 5.8%

        Ms. Chaney also discussed that there will be no changes to the medical or dental plan designs for the
        2020-2021 plan year. However, the Village will evaluate the employee portion of the premiums in the
        upcoming year to determine if a change is needed to assist with rising costs.

    4. Staff provided a draft Resolution which would allow the City Manager to enter into an agreement with
       Dinsmore & Shohl to be the Village’s bond council for the 2009 Series General Obligation refund.
       The costs for this service is estimated at no more than $13,000. This Resolution will be presented
       under Law Committee.

    5. Staff presented the Committees with a draft Ordinance to establish the Coronavirus Fund. When the
       federal government passed the CARES Act earlier this year as assistance during the COVID-19
       pandemic, a provision in the Act allows for local governments to receive federal funds to offset
       unexpected expenditures incurred due to COVID-19. Senate Bill 310 in the Ohio General Assembly
       defines how the funds provided to Ohio will be distributed and how they can be spent. SB 310
       requires all jurisdictions to establish a separate fund to account for the intake and disbursements. It is
       unknown at this time how much the Village will be receiving. Any funds that are not spent must be
       reimbursed. After discussion, the Committee will recommend passage of this Ordinance as an
       emergency as monies will be distributed immediately after the upcoming passage of SB 310
       (Emergency Ordinance attached).

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    6. Staff presented the Committee with a draft Ordinance allowing the Village to pursue the refunding of
       the 2009 Series General Obligation debt for water system improvements. This was discussed at last
       month’s committee meeting and will have a net savings to the Village, after administrative fees, of
       $124,000. The Committee agreed to recommend passage of this Ordinance as an emergency in order
       to start the process immediately to capitalize on lower rates (Emergency Ordinance attached).

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                                                RESOLUTION NO. – 20

                 RESOLUTION ADOPTING THE TAX BUDGET OF THE CITY OF THE
                  VILLAGE OF INDIAN HILL FOR THE FISCAL YEAR BEGINNING
               JANUARY 1, 2021 AND SUBMITTING SAME TO THE COUNTY AUDITOR

 WHEREAS, a tax budget for the City of the Village of Indian Hill for the fiscal year beginning
 January 1, 2021, has been prepared showing estimates of all balances that will be available at the beginning
 of the year 2021 for the purpose of such year, and of all revenues to be received for such fiscal year,
 including all general and special taxes, fees, costs, and expenditures or charges in or for the purpose of such
 fiscal year to be paid or met from the said revenue of balance; and otherwise complying with the
 requirements of law; and

 WHEREAS, the Council has held a public hear ing on said tax budget on which public notice was given
 by publication not less than ten (10) days previous to the date thereof;

                      NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL
                  OF THE CITY OF THE VILLAGE OF INDIAN HILL, STATE OF OHIO:

        Section 1. That the tax budget of the City of the Village of Indian Hill, Ohio for the fiscal year
 beginning January 1, 2021, has been submitted to this Council, and the same is hereby adopted, as the official
 tax budget of the City of the Village of Indian Hill, Ohio for the fiscal year beginning January 1, 2021.

        Section 2. That the City Manager is her eby, author ized and dir ected to cer tify a copy of said
 tax budget and a copy of this Resolution and to transmit the same to the Auditor of Hamilton County, Ohio.

                                                      PASSED: June 15, 2020

                                                      ___________________________________
                                                      Melissa S. Cowan, Mayor

ATTEST:

___________________________________
Paul C. Riordan, Clerk

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                                             ORDINANCE NO. _____-20

    ORDINANCE ESTABLISHING THE CITY OF THE VILLAGE OF INDIAN HILL (“INDIAN
        HILL”) CORONAVIRUS RELIEF FUND, AND DECLARING AN EMERGENCY

      WHEREAS, pur suant to O. Const. XVIII Sec. 3, Indian Hill has the author ity to exer cise all
powers of local self-government;

       WHEREAS, COVID-19 is a respiratory disease caused by the SARS-CoV-2 virus, which is rapidly
spreading across the world, and is twice as contagious and twenty times more deadly than the seasonal flu;

     WHEREAS, on J anuar y 30, 2020, the World Health Organization declared the global outbreak of
COVID‑19 a public health emergency of international concern;

      WHEREAS, on J anuar y 31, 2020, the White House declared COVID‑19 a national public health
emergency;

        WHEREAS, on Mar ch 9, 2020, Ohio Governor Mike DeWine declared a state of emergency for the
entire State of Ohio to protect the well-being of Ohio citizens from the dangerous effects of COVID‑19 by
suspending purchasing and contracting requirements contained in the Ohio Revised Code during the period of
the emergency in order to procure necessary resources and supplies to protect the health, safety and welfare of
Ohio citizens;

       WHEREAS, as of Mar ch 18, 2020, the Ohio Department of Health confirmed that eighty-eight (88)
Ohio residents tested positive for COVID‑19;

      WHEREAS, on Mar ch 27, 2020, President Donald J. Trump signed the Coronavirus Aid, Relief, and
Economic Security, or “CARES” Act into law;

       WHEREAS, the CARES Act cr eated a Cor onavir us Relief Fund appropr iating $150,000,000,000
for payments to States, Tribal governments, and units of local government;

       WHEREAS, the Gener al Assembly enacted H.B. 481, pr oviding for the distr ibution of funds
received by the State of Ohio pursuant to the CARES Act to local governments with certain restrictions,
including the requirement that municipalities establish a local coronavirus relief fund; and

        WHEREAS, the outbr eak of COVID‑19 pr esents a tr ue and public health emer gency, r esulting
in the urgent and immediate need for political subdivisions to take emergency measures to protect the health,
safety and general welfare of their residents;

                 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
                 CITY OF THE VILLAGE OF INDIAN HILL, HAMILTON COUNTY,
                 OHIO:

Section 1.      The City Council hereby establishes the Indian Hill Coronavirus Relief Fund for the purpose
of receiving coronavirus relief funds in the manner required by H.B. 481.

Section 2.      Money received pursuant to H.B. 481 and deposited into the Indian Hill Coronavirus Relief
Fund shall only be used to cover costs of the Village consistent with the requirements of section 5001 of the
CARES Act as described in 42 U.S.C. 601(d). This includes costs that (1) are necessary expenditures
incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19);
(2) were not accounted for in the budget most recently approved as of March 27, 2020; and (3) were incurred
during the period that begins on March 1, 2020, and ends on December 30, 2020.
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Section 3.      Unencumbered or unused funds deposited to the Indian Hill Coronavirus Relief Fund shall be
returned to the Hamilton County Treasurer’s office in accordance with the timeline set forth by H.B. 481, and
any information related to any payments received under HB 481 shall be provided to the Director of the Ohio
Office of Budget and Management as requested.

Section 4.     The City Council hereby finds and determines that all formal actions relative to the passage of
this Ordinance were taken in an open meeting of the Council, and that all deliberations of this Council which
resulted in formal action were taken in meetings open to the public, in full compliance with all applicable
legal requirements, including Section 121.22 of the Ohio Revised Code.

Section 5.      This Ordinance constitutes an emergency measure necessary for the immediate preservation of
the health, safety, and general welfare, and for the further reason that the City Council desires to receive funds
consistent with the requirement of the CARES Act and H.B. 481 so that it may respond to the health
emergency created by COVID‑19, and for these reasons, this Ordinance shall be effective upon its passage
per Ohio Revised Code Section 731.17.

                                                      PASSED: June 15, 2020

                                                      ___________________________________
                                                      Melissa S. Cowan, Mayor

ATTEST:

__________________________________
Paul C. Riordan, Clerk

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                                             ORDINANCE NO. ___-20___

                 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO
                 EXCEED $2,125,000 OF BONDS BY THE CITY OF THE VILLAGE OF
                 INDIAN HILL, OHIO, FOR THE PURPOSE OF REFUNDING
                 VARIOUS PURPOSE GENERAL OBLIGATION BONDS OF THE CITY,
                 AND DECLARING AN EMERGENCY.

       WHEREAS, the City has pr eviously issued its $6,000,000 Var ious Pur pose Gener al Obligation
Bonds, Series 2009, dated June 5, 2009 (the “2009 Bonds”) for the purposes of financing part of the cost of (i)
making water system improvements ($4,000,000), of which $2,060,000 currently remains outstanding and (ii)
expanding the City’s administration building ($2,000,000), all of which have matured and been paid, both
including costs of issuance; and

       WHEREAS, the City has deter mined it is in the best inter est of the City to r efund the 2009
Bonds to achieve interest cost savings; and

        WHEREAS, the fiscal officer of the City has her etofor e estimated that the life of the pr oject
hereinafter described is at least five (5) years, and certified that the remaining maximum maturity of the bonds
issued therefor is twenty-nine (29) years;

                 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
                 CITY OF THE VILLAGE OF INDIAN HILL (HEREINAFTER CALLED
                 THE “CITY”), COUNTY OF HAMILTON, OHIO:

        Section 1.       That it is necessary to issue bonds of the City in the principal amount of not to exceed
$2,125,000 for the purpose of refunding the 2009 Bonds and paying certain costs related to the issuance of the
bonds, together with other permissible costs under the Uniform Public Securities Law, including, but not
limited to, the cost of printing the bonds, expense of delivery of the bonds, service charges of the paying agent
and registrar, legal services and obtaining an approving legal opinion.

        Section 2.       That bonds of the City shall be issued in the principal sum of not to exceed $2,125,000,
for the purpose aforesaid. Said bonds shall be of the denomination of $1,000 or any integral multiple thereof,
shall be numbered from 1 upward, shall be dated as of their date of issue, or such other date as is set forth in
the certificate of award setting forth the final terms of the bonds (the “Certificate of Award”), and shall bear
interest at the rates and at a net interest cost as set forth in the Certificate of Award (but such net interest cost
shall not be in excess of four per centum (4.00%)), payable semiannually on June 1 and December 1 of each
year, beginning December 1, 2020, or such other dates as are set forth in the Certificate of Award until the
principal sum is paid. Said bonds shall mature not later than December 1, 2029 as set forth in the Certificate
of Award within the limitations set forth in Chapter 133 of the Ohio Revised Code, without further action of
this council.

        The bonds shall be subject to optional and/or mandatory redemption by the City prior to maturity as
set forth in the Certificate of Award, within the limitations set forth in Chapter 133 of the Ohio Revised Code,
without further action of this council.

       Section 3.      That said bonds shall be designated “Waterworks System Improvement Limited Tax
General Obligation Refunding Bonds, Series 2020” (the “Bonds”) and shall express upon their faces the
purpose for which they are issued and that they are issued in pursuance of Chapter 133 of the Ohio Revised
Code and this ordinance. The Bonds shall be executed by the Mayor and the Finance Director. The Bonds
may also, but shall not be required to, bear the seal of the City, or a facsimile thereof. The Finance Director,
or such bank or trust company as is selected by the Finance Director, shall act as paying agent, registrar and

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transfer agent (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 made on each
interest payment date to the person whose name appears on the record date (May 15 and November 15 for
June 1 and December 1 interest, respectively or as otherwise set forth in the Certificate of Award) on the bond
registration records as the registered holder thereof, by check or draft mailed to such registered holder at his
address as it appears on such registration records. If a bank or trust company is selected to act as Paying
Agent and Registrar for the Bonds, the Finance Director is hereby authorized and directed to enter into a Bond
Registrar Agreement with such Paying Agent and Registrar.

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

        Section 4.       That the Bonds shall be sold by the Finance Director at public or private sale, at the
price of not less than the par value of the Bonds, as set forth in the Certificate of Award. The proceeds from
the sale of said Bonds, except the premium and accrued interest, if any, shall be used for the purpose aforesaid
and for no other purpose; and any premium and accrued interest received from the sale shall be transferred to
the City’s bond retirement fund to be applied to payment of the principal and interest on the Bonds in the
manner provided by law.

        The City Manager is hereby authorized to execute and deliver, without further action of this Council,
the Certificate of Award, setting forth the final terms of the Bonds. The signature of said officer on the
Certificate of Award shall be conclusive evidence that the terms of the Bonds are acceptable to the City.

      The City Manager is also hereby authorized to execute and deliver, without further action of this
Council, a bond purchase agreement with the original purchaser of the Bonds, in the form satisfactory to the
City Manager, the City Solicitor and the City’s bond counsel.

        Section 5.     That the Bonds shall be the full general obligations of the City, and the full faith, credit
and revenue of the City are hereby pledged for the prompt payment of the same. That during the period the
Bonds are to run, there shall be and is hereby levied on all the taxable property in the City, in addition to all
other taxes, but within applicable limitations, a direct tax annually in an amount sufficient to pay the principal
of and interest on the Bonds when and as the same fall due.

         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 principal of said Bonds when and as the same fall due;
provided, however, to the extent that other revenues are certified, collected and appropriated for payment of
debt service, including water system revenues, said tax need not be levied.

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        Section 6.      That this council, for and on behalf of the City, hereby covenants that it will restrict the
use of the proceeds, if any, of the 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 Sections 103(b)(2) and 148 of the Internal Revenue Code of 1986, as
amended (the “Code”), and the regulations prescribed thereunder. The Finance Director 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 City, 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. The City does not anticipate issuing
more than $10,000,000 of “qualified tax-exempt obligations” during this calendar year.

       Section 7.        In connection with the issuance of the Bonds and refunding of the 2009 Bonds, the
City Manager is hereby authorized and directed to execute and deliver an Escrow Deposit Agreement, if
determined to be necessary by Dinsmore & Shohl LLP, the City’s bond counsel, with such bank or trust
company as is designated the escrow trustee in the Certificate of Award (the “Escrow Trustee”), which
Escrow Deposit Agreement shall contain such terms as may be agreed upon by the City and the Escrow
Trustee and as shall be approved by bond counsel. The City Manager is further authorized to employ the
services of a verification agent, if required, to verify the sufficiency of the escrow account.

        Section 8.     This Council hereby authorizes and directs the City Manager and Finance Director to
take any and all actions which may be necessary to issue the Bonds in book-entry-only form or in such form
as will render the Bonds eligible for the services of the Depository Trust Company, New York, New York
without further action by this Council, including execution of all documents necessary therefor.

        Section 9.     That the City Manager and Finance Director are hereby authorized to apply, if they
deem it appropriate, for a rating on the Bonds from either S&P Global Ratings or Moody’s Investors Service,
or both, and to pay the fee for said rating to the extent authorized by law and approved by bond counsel.

        Section 10. The City Manager is hereby authorized and directed to execute and deliver a continuing
disclosure certificate (the “Continuing Disclosure Certificate”) in connection with the issuance of the Bonds if
one is required by law or deemed appropriate by bond counsel. This council hereby covenants and agrees that
the City will execute, comply with and carry out all of the provisions of such Continuing Disclosure
Certificate, should one be required. Failure to comply with any such provisions of the Continuing Disclosure
Certificate shall not constitute a default on the Bonds; however, any holder of the Bonds may take such action
as may be necessary and appropriate, including seeking specific performance, to cause this council to comply
with its obligations under this section and the Continuing Disclosure Certificate.

        Section 11. Dinsmore & Shohl LLP, the verification agent, and the Escrow Trustee are each hereby
authorized to subscribe for and/or purchase United States Treasury obligations or other suitable and permitted
securities on behalf of the City to fund any required escrows.

      Section 12. That the firm of Dinsmore & Shohl LLP (“Dinsmore”) is hereby engaged as the City’s
“bond counsel” and that the City Manager is hereby authorized and directed to execute and deliver the
engagement letter of Dinsmore in the form on file with the City. That Bradley Payne Advisors, LLC
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