All,

In addition to the message below from Heidi Fought, I am also including a 
copy of a letter I sent today via e-mail to the Senate State and Local 
Government and Veterans Affairs Committee regarding SB 184. If you have any 
questions on this, please let me know.

Sincerely,
Christine Matacic
(513) 779-2659
(513) 652-2659 - cell


> ---------------------------- Original Message ----------------------------
> Subject: Legislative Alert
> From:    "Heidi Fought" <[log in to unmask]>
> Date:    Tue, November 3, 2009 2:44 pm
> To:
> Cc:      "Michael Cochran" <[log in to unmask]>
> --------------------------------------------------------------------------
>
> Dear Township Officials:
>
> Please find below information from the State Association.
>
> Bills Being Heard in the General Assembly
> Please find below the bills that will be heard this week relative to
> townships.  If you would like to read the bills in their entirety,
> please visit www.legislature.state.oh.us.  Additionally, if you have
> comments about any of the bills listed below, please feel free to share
> them with me and your state representative and senator.
> COMMITTEE SCHEDULE FOR WEEK OF NOVEMBER 2
>
> WEDNESDAY, NOVEMBER 4
>
> Senate State & Local Government & Veterans Affairs, (Chr. Hughes,
> 466-5981), South Hearing Rm., 10 a.m.
>
> SB 184  PRIVATE ROAD PLOWING  (Gibbs)  To authorize townships to use
> road equipment and labor resources available to a township to plow
> certain private roads and driveways either at the expense of the
> township or for a fee charged to specified persons.  (1st
> Hearing-Sponsor)
>
> House Local Government/Public Administration, (Chr. Chandler, 466-2004),
> Rm. 114, 10 a.m.
>
> HB 313  COUNTY LAND USE  (Ujvagi, Winburn)  To authorize a county with a
> population greater than 100,000, or a population between 78,000 and
> 81,000, to organize a county land reutilization corporation, to
> authorize a county treasurer of a county with such a corporation to
> utilize the alternative redemption period in actions to foreclose
> abandoned lands, and to immunize a county land reutilization corporation
> from liability for breach of a common law duty in connection with a
> parcel of land.  (2nd Hearing-All testimony)
>
> Senate Environment & Natural Resources, (Chr. Schaffer, 466-5838), North
> Hearing Rm., 11:15 a.m.
>
> SB 165  OIL/GAS DRILLING  (Niehaus)  To revise the Oil and Gas Law.
> (4th Hearing-All testimony)
>
> House Ways & Means, (Chr. Letson, 466-5358), Rm. 114, 3 p.m.
>
> HB 326  ESTATE TAX  (Hottinger, Grossman)  To reduce the estate tax, to
> authorize townships and municipal corporations, or electors thereof by
> initiative, to exempt from the estate tax any estate property located in
> the township or municipal corporation, and to distribute all estate tax
> revenue originating in a township or municipal corporation that does not
> exempt property from the tax to the township or municipal corporation.
> (1st Hearing-Sponsor)
>
> HB 255  FIREFIGHTER TAX CREDIT  (Balderson)  To allow a $400 income tax
> credit for volunteer firefighters.  (2nd Hearing-All testimony) OTA will
> be giving proponent testimony.
>
> THURSDAY, NOVEMBER 5
>
> House Public Safety & Homeland Security, (Chr. Bolon, 466-8022), Rm.
> 114, 9:30 a.m.
>
> HB 212  AMATEUR RADIO ZONING  (Stebelton, Okey)  To codify federal
> restrictions on local zoning of amateur station antenna structures
> thereby preserving amateur radio service communications as a Homeland
> Security resource and to place the burden of proof for compliance on the
> zoning authority.  (1st Hearing-Sponsor)
>
>
>
>
>
> Workers' Compensation
> The OTA received an alert from Frank Gates on Friday stating the the BWC
> Board of Directors unanimously approved a reduction to a 65% Credibility
> Table and adopted Break Even Factor surcharge for the July 1, 2010 rate
> year.  What this means is that these changes will lessen the Group
> Rating discounts available to Ohio's safest employers.  Effectively, the
> July 1, 2010, maximum Group Rating discount will be 51% after these
> changes.  Additionally, all other discount levels associated with Group
> Rating will be negatively impacted.  Frank Gates is reviewing all Group
> Rating townships and will strive to get the maximum savings option for
> you.  The OTA will continue to update you on all BWC changes.
>
>
> OTA Information Request
> Pursuant to RC 505.60, a part-time township employee is someone that
> works not more than 1500 hours in any given year or they would be
> considered full-time, thus eligible for health insurance.  We have heard
> from several townships that this number is a problem with respect to
> part-time fire and EMS personnel.  Has your township had issues with the
> 1500 hour requirement?  Please provide as much detail as possible.
>
>
>
>
> Heidi M. Fought
> Director of Governmental Affairs
> Ohio Township Association
> 6500 Taylor Road, Suite A
> Blacklick, OH 43004
> (614) 863-0045
> (614) 863-9751 Fax
>
>
> NOTICE: This electronic mail transmission is for the use of the named
> individual or entity to which it is directed and may contain information
> that is privileged or confidential. It is not to be transmitted to or
> received by anyone other than the named addressee (or a person
> authorized to deliver it to the named addressee). It is not to be copied
> or forwarded to any unauthorized persons. If you have received this
> electronic mail transmission in error, delete it from your system
> without copying or forwarding it, and notify the sender of the error by
> replying via e-mail or by calling the Ohio Township Association at (614)
> 863-0045 so that our address record can be corrected.
>
>



Dear Chairman Hughes,



I understand SB 184 Private Road Plowing sponsored by Senator Gibbs will 
have its first Hearing in your committee (Senate State and Local Government 
and Veterans Affairs) on Wednesday, November 4, 2009. I appreciate the 
concern to assist those less fortunate, in doing so, are we creating more 
issues than we are solving? As a township in Southwestern Ohio, we realize 
this is a "May" situation and not a "Shall", but there are several points of 
concerns that we have with this bill:



1.        The constitutionality of taking tax dollars to benefit private 
property.



Currently, townships are not permitted to use public monies for private 
purposes. In authorizing this, what other areas will the General Assembly be 
asked to make exceptions?



2.       The liability this would pose for townships.



What type of liability will we have when plowing snow up and back in a 
driveway? Where do we pile the snow as we plow toward a garage door? What 
happens if we take out shrubs when plowing the snow on the property?



3.       Financial drain to an already tight budget.



If this is enacted, we will need to purchase additional equipment (smaller 
trucks with smaller plows) and hire additional drivers to just plow private 
streets and driveways (most of the private streets in our township were the 
homeowner's choice - nobody made them live on a private street). If we plow 
and then turn around and bill the resident for the service, how is this 
different from the individual's right and ability to hire their own 
contractor to provide the service? Are we treading into the realm of private 
enterprise?



Are we opening ourselves up to additional costs when a private 
enterprise/developer default and declare bankruptcy? This would force the 
township to expend funds, materials and time to benefit a private 
individual.



4.       The physical logistics of plowing dedicated roadways and then 
switching gears to begin plowing private roadways and driveways.



As mentioned in #3 above, look at the additional equipment needs and drivers 
a township would need to hire OR if no equipment purchased and no new 
drivers hired, how would we be able to keep the main arterial roads clear 
for emergency vehicles. Current equipment is designed for standard roadways 
within our township's borders. Driveways and smaller private roads require 
other type of equipment and a different way of handling the snow . Most 
private companies who hire out to provide this service have these 
capabilities.



As it is, our township finds in heavy snow falls, we are constantly going 
back to the beginning of our list of road priorities before finishing and 
addressing our cul-de-sacs (cul-de-sacs are our last priority for street 
cleaning).  What type of requirement will we be placing on the overall 
safety of our community if this is enacted?





5.       With the poverty threshold in this bill, would this open up other 
areas of service to be included in future bills?



6.       As for the disabled or the senior citizen, does this individual 
need to be considered the head of the household? If a child lives in a home 
on a private drive and is disabled, OR a parent of the homeowner is living 
with them, will these situations qualify them to receive special treatment 
even though there may be capable individuals living in the home who can take 
care of their responsibilities? There need to be more specifics addressed 
with respect to who would qualify if this were enacted.



My fellow trustees, Mr. Patrick Hiltman and Mr. David Kern agree and would 
appreciate your consideration and attention to the concerns outlined above.



Again, thank you for your service and thoughtfulness as this proposed bill 
goes through the process.



Sincerely,

Christine L. Matacic

Vice President, Liberty Township Trustees and

President, Butler County Township Association

9400 Princeton Road

Liberty Township, Ohio 45011

(513) 759-7500 - township

(513) 779-2659 - home

(513) 652-2659 - cell