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MINUTES OF
SYMMES TOWNSHIP TRUSTEES
REGULAR MEETING
MARCH 3, 2009

This meeting can be viewed on demand through an interactive agenda by clicking: HERE

Opening | Presentation | Receipts | Warrants | Minutes | Reports | Correspondence |
Zoning and Planning Issues
| Old Business | New Business | Executive Session

Opening

The meeting was called to order at 7:00 p.m.  Members of the Board present were: Mr. Philip Beck, Mr. Kenneth Bryant, Mrs. Kathryn Wagner, and Mr. John Borchers (left at 9:30 p.m.).

Also present:  Gerald Beckman - Township Administrator; Robert Malloy - Township Law Director; Carol Sims - Township Assistant Fiscal Officer; Lt. Dan Reid - Hamilton County Sheriff's Department; Mike Books - Loveland Symmes Fire Department.

PUBLIC HEARING

MR. BRYANT convened the Public Hearing on the Township Land Use Plan at 7:05 p.m.  Mr. Bryant noted that this is not a zoning issue, but a change to the land use plan.  This Land Use Plan is required to be reviewed every five years.

WENDY MOELLER, MCBRIDE DALE CLARION - Stated she has been involved with the Township's Master Plan Committee and was asked by Russ Sparks to do the presentation tonight.

Mrs. Moeller stated that the Master Plan Committee had reviewed the Land Use Plan and noted several sites which should be revised due to changes to either the actual site or surrounding properties.  The changes are not based on any pending developments.

Mrs. Moeller reviewed the nine sites which the Master Plan Committee has recommended and explained the reasoning for each.  Mrs. Moeller advised that the Land Use Plan can be used as a guide to zoning.

STEPHANIE DRAKE, 8499 MONTGOMERY ROAD -  Stated she is the owner of the property along E. Kemper and that this property is not suitable to residential use as being recommended.  Mrs. Drake further stated that daycare or small offices would work on this site.

MR. BECKMAN noted that this site is being changed from a Planned Mixed Use to Transitional Residence which would allow for this type of usage.  Mr. Beckman stated that the property could still apply for consideration of a zone change.

J. WATSON, 9965 CARROUSEL - Stated he owns property near Twightwee and feels all his questions were answered by the presentation. 

The Public Hearing was adjourned at 7:20 p.m. and the regular meeting proceeded.

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Presentations

SPENCE FAXON and BRENDA COFFEY - Explained that the Board needs to determine if the aggregation issue should be placed on the ballot in order to allow for residents to make decision.  This would be the first step in the process. 

MR. BRYANT stated he has heard about gas aggregation, but would like to also look into the possibility of electric aggregation.  Mr. Bryant noted that not all residents have natural gas, but all have electric service.


SPENCE FAXON stated that there is difference between gas and electric.  Gas aggregation does not hurt the local utility; however, electric aggregation does impact the utility and believes that Duke Energy would probably like to be part of any discussions.  Duke Energy is very upset regarding electric aggregation.

MRS. COFFEY noted, that if the Board was thinking about placing gas aggregation on the ballot, it might be a good idea to proceed with electric at the same time.

MR. BECK questioned if there were any communities within the Cincinnati area utilizing or looking at electric aggregation.

MR. FAXON stated that Duke Energy is working actively to slow down that process.  Mr. Faxon advised that Green and Springfield Townships have electric aggregation.  Colerain and West Chester Townships have decided to wait before proceeding.

MR. BECKMAN questioned the timing of placing these issues on the ballot.

MR. FAXON stated that the Board only needs to adopt a resolution.  Mr. Faxon further stated he was not sure if the Board would need to adopt a separate resolution for each issue.

MR. BRYANT stated that the Board is concerned about the best way to educate residents of the aggregation issue, both before the election and afterwards.

MRS. COFFEY stated that each community decides on what type of information to provide to residents and they would then proceed with that method for public education.

MR. BRYANT stated he would like to speak with other communities about the program since there is time period before the Board needs to adopt a resolution.

The Board thanked Mrs. Coffey and Mr. Faxon for their willingness to appear before the Board and provide assistance with the aggregation issue.
 
The Board agreed to place this item on the agenda for future discussion.

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Receipts
Receipts totaling $2,885,427.34 were read and accepted.
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Warrants

MR. BRYANT moved that the Township pay its bills.  Mr. Beck seconded the motion and all voted 'aye'. Proper certification having been made, warrants totaling $511,405.74 were issued.

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Minutes

Minutes of the June 3, 2008 meeting were approved as submitted.
Minutes of the June 12, 2008 meeting were approved as submitted.
Minutes of the July 1, 2008 meeting were approved as submitted.
Minutes of the July 22, 2008 meeting were approved as submitted.
Minutes of the August 12, 2008 meeting were approved as submitted.
Minutes of the September 2, 2008 meeting were approved as submitted.

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Reports

GERALD BECKMAN -  Reported on activities in the township since the last meeting:

1.  WEBSITE - Reported that Montgomery has created a blog in order for residents to make comments on a topic.  It appears that the Township would be able to add this to our website and questioned if there was any interest.

MR. BRYANT stated he would like to explore this possibility within the scope of upgrading the website.

MR. BECK requested clarification of this idea.

MR. BECKMAN stated the Township would place a question on the website and then allow residents to post their responses which might aid the Board in making decisions.

MR. BRYANT questioned the amount of usage on the website and noted that this could be a vehicle to increase that activity.  Mr. Bryant again stated that this could be made part of the overall upgrade.

MR. BECK stated he would be in favor of exploring this item.

The Board requested the Township Administrator provide statistics on the amount of usage, as well as an address to the Montgomery website.

2.  ROAD SALT - Reviewed a memo detailing various options for the purchase of road salt for the next season.  The Township could place orders with Cincinnati, Hamilton County, SWOP4G or even solicit bids ourselves. 

MR. BRYANT stated that, based on the memo, it would appear that going with Hamilton County would eliminate the other options and the Township would not know the cost until later.  Mr. Bryant noted it might be best to split the purchase.

MR. BECKMAN advised that the remaining Hamilton County salt in the Administration salt dome would be transferred to the Remington salt dome to allow for only Township salt to be located in this salt dome.

Mr. Beckman, based on the Board's discussion, recommended that the Township split an order, of at least 1,500 tons, with Cincinnati and Hamilton or even purchase our own salt through a bidding process.

The Board agreed this was a good approach and thanked Mr. Beckman for researching the various options.

MR. BRYANT moved to establish a bid opening date of April 14, 2009 at 2:00 p.m. for the purchase of salt.  Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

3.  PARK-N-RIDE - Reported that this is being used and appears to be a good use of public space.

4.  BLONG PARK - Reported on recent meeting with residents to discuss a previous agreement regarding the placement of fencing between the park and their property.

The Board directed the Township Administrator to proceed with discussions with the residents and to keep the Board informed.

LT. REID -  Presented the monthly and year end reports.

MIKE BOOKS - Reported that Chief Huber has attended a meeting regarding replacement of fire hydrants in Camp Dennison.  A proposal should be available for the next meeting.

OTHER -  MR. BRYANT reported that the Hamilton County Commissioners, on February 25, granted the annexation petition of the high school property from Symmes Township to Loveland with effective date within sixty to ninety days.  Mr. Bryant stated that a recent newspaper article indicates that Loveland wants to discuss the funding of a school resource officer with the other three governmental entities.  Mr. Bryant further stated that Symmes Township has fully funded a school resource officer since the beginning and has never requested any participation from Loveland or Miami Township.

The Board agreed that the school resource officer should be removed since the annexation has removed this property from the Township.

MR. MALLOY stated that Loveland needs to take action to pass an ordinance accepting the property before the annexation becomes effective.  Mr. Malloy suggested that the Township coordinate the resource officer's removal with the Hamilton County Sheriff's Department.

MR. BECKMAN noted that the Township has already given the Sheriff's Department the required thirty day notice.  Mr. Beckman suggested that he meet with Officer Housley to advise him of the Board's decision.

MR. BECK stated that it was the Board's view that Officer Housley would remain in Symmes Township to provide additional protection and would replace the County Officer.

MR. BRYANT noted that the Board had approved the County Officer for only six months, up to $20,000 for the Township's share, with the reasoning that Officer Housley would eventually make up this reduction.

The Board directed the Township Administrator to notify the Loveland School District that the high school resource officer will be removed at Officer Housley's determination.

The Board further requested the Township Administrator to contact the City of Loveland in order to determine when the annexation will be finalized.

MR. BORCHERS announced that the Finance & Audit Committee will be meeting on March 16 at 7:00 p.m. to review the proposed 2009 Permament Appropriations.  Mr. Borchers reminded the Board that a Special Trustees Meeting is scheduled for 8:30 p.m. that night in order to adopt the Permament Appropriations.

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Correspondence

WOOD & LAMPING - Memo regarding waste removal service provider agreement.

METRO - Confirmation of self-insurance for Weekly Road park & ride.

SYCAMORE CHURCH - e-mail regarding proposed park & ride.

WOOD & LAMPING - e-mail regarding Oleg's Tavern.

KARL KILGUSS, Esq. - Letter regarding request from Oleg's Tavern regarding TREX liquor license.

FEMA - Revised estimate for Royal property.

DENISE AGUERO - e-mail regarding snow removal.

TOYS FOR TOTS - Letter of appreciation for toy collection.

WARNER CABLE - 4th Quarter franchise fee.

THELEN ASSOC - Field reports on Meade project.

FROST BROWN TODD - Letter regarding transfer of property adjacent to Kerr Cemetery.

CAREWORKS - 4th Quarter 2008 report.

PERSO - Letter regarding claims filed by Alaroon Moran and on 2003 Ford Intercept

SW OHIO PURCHASERS FOR GOVT - Memo regarding participation in highway salt bid.

WOOD & LAMPING - e-mail regarding issues/concerns regarding recent donated property adjacent to Kerr Cemetery.

CINTI BELL - e-mail regarding status of new agreement.

KRISTIN RUBENBAUER, 11755 THISTLEHILL - e-mail regarding speeding concerns in neighborhood.

LT. REID - e-mail regarding deputy cost for recent nuisance clean-up.

REGIONAL PLANNING - Letter regarding Land Use Plan status report.

COURT OF COMMON PLEAS - Notice of claim filed by John Meyer for 8382 Patrilla Lane.

KLEINGERS & ASSOC - e-mail regarding Meade Park project.

WOOD & LAMPING - Letter regarding letter from SORTA regarding insurance coverage for park & ride.

EADS FENCE - Proposal for Symmes Park Meadow.

US BANKRUPTCY COURT - Notice regarding Dorothy Mason.

E-mails regarding aggregation received from: Miami Township, Delhi Township,  Colerain Township, Columbia Township, West Chester Township, Green Township, Anderson Township, Sycamore Township, Springfield Township, West Chester Township and Union Township.

LT. REID - e-mail regarding transmission problems for Car #93.

CAMEL CLEANING - Proposal for 2009.

JMA - e-mail regarding lights on Blong Park.       

cc:MSD to McGILL SMITH - Letter regarding conditional availability of sewer for 11212 Montgomery Road.

SOIL & WATER DISTRICT - Letter regarding compliance with watershed sign installation program.

RBC CAPITAL - Letter regarding recent note.

McGILL SMITH - e-mail regarding release of base mapping and aerial photography for Rozzi park.

SYCAMORE TWP - e-mail regarding Townships' share of floater patrol car.

PERSO - Letter regarding suit filed by John Meyer.

ODNR - e-mail regarding available funds for emerald ash program.

PUBLIC HEALTH -  Notice of District Advisory Council meeting.

PBM WIRELESS - Proposal for placement of cell tower in Hopewell Park.

CSI - Letter regarding signed contracts for service.

WOOD & LAMPING - e-mails regarding suit filed by John Meyer.

SYMMES FIRE - e-mail regarding door locks at Station 61.

CINTI BELL - e-mail regarding service agreement.

CINTI HORTICULTURAL - e-mail regarding flower show.

ODNR - e-mail regarding Humphrey Road sidewalk project.

SURDYK DOWD - e-mail regarding suit filed by John Meyer.

RICHARD BAUER, 11790 WINGATE (45249) - Letter regarding various road issues.

SYMMES TWP - Letters regarding proposed changes to Land Use Plan.

PUBLIC SAFETY - Payment of FEMA funds.

STATE OF OHIO, BUREAU OF MOTOR VEHICLES - January license tax statistics report.

HAMILTON COUNTY - January permissive tax computation report.

SURDYK DOWD - Letter regarding motion to dismiss suit filed by John Meyer.

SYMMES FIRE - Letter requesting fire lane on Blong Road.

SYCAMORE TOWNSHIP - e-mail regarding salt bid for salt.

COUNTY DEV - e-mail regarding Loveland Madeira CRA

HAMILTON CTY - Memo regarding 2009 budget.

OHIO DEPARTMENT OF LIQUOR CONTROL - Notice of new liquor license for Chipotle Mexican Grill of Colorado LLC, dba Chipotle, 11301 Montgomery Road (45249).

cc:WOOD & LAMPING to FROST BROWN TODD - Letter regarding donated property by Ryland Group.

MIDDLETOWN - e-mail regarding SWOP4G salt bid.

PAYNE FIRM - e-mail regarding proposal for Rozzi park.

PERKINS CONSTRUCTION - Change Orders #10 and #11.

SYMMES FIRE - January report.

CINTI - e-mail regarding 2009 salt purchase.

WARREN CTY - e-mail regarding Indiana's change of Township government.

INDIAN HILL SCHOOLS - Letter regarding proposed CRA resolution.

JACOBS - e-mail regarding Mitchell property.

MATTHEW McGOFF - Letter of resignation from Zoning Commission.

US CENSUS - Letter regarding 2010 census.

BUREAU OF MOTOR VEHICLES - Letter regarding recent audit by City of Loveland.

WOOD & LAMPING - Signed lease with SORTA.

DON FAY - e-mail regarding Rozzi park.

PERKINS CONSTRUCTION - Memo regarding debris loads from Meade property.

METRO - Note card regarding provision for Park and Ride at Safety Center.

COUNTY DEVELOPMENT - Letter regarding appointment to Tax Incentive Review Council.

DEPT OF TAXATION - Letter regarding exemption status for Township properties.

ROBERT GOERING, HAMILTON COUNTY TREASURER - Notice of Collection of Inheritance Taxes ($230,543.99).

HANSON AGGREGATES - Notice of Furnishing for Meade project.

M/M ROSS, 9235 SOLON - Letter regarding condition of property at 9237 Solon Drive.

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Zoning and Planning Issues

Mr. Bryant moved to accept the resignation of Matthew McGoff from the Township Zoning Commission.  Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

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Old Business

MR. BRYANT moved to un-table Resolution G-0903 in order for further discussion with the Indian Hill School District.  Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

TED JAROSZEWICZ - Advised they are with the Indian Hill School Board and stated they had met with Mr. Beckman and Hamilton County and would like an opportunity to speak with the Trustees about its position.  It has been explained that the real estate taxes will be abated by fifty (50%) percent for improvements.  The general view of the Indian Hill School District is to oppose any requests or activity in these actions as it is felt that everyone should pay the same amount of taxes.  The School Board wishes to express its opposition to general abatement of real estate taxes.  This approval will only open up other discussions with others.  The School Board is requesting that the Indian Hill area be removed from the CRA area.  The School Board is willing to take any necessary action to prevent this process.

MR. BRYANT thanked the School Board for their comments.  Mr. Bryant stated that the Board has been looking into re-vitalization with Hamilton County and recently adopted a CRA for the Montgomery Road area and is now looking at one for the Loveland Madeira Road area.  This is the only tool available to Townships to help businesses during this economic time.  The CRA has been structured to have a three (3) year period of opportunity and will abate up to fifty (50%) percent of the increased valuation.

Mr. Bryant noted that the Board believes that the expansion of the CRA is in the best interests of school districts. The CRA will provide an incentive to businesses to relocate or expand within the CRA, while ensuring that such reinvestment in commercial property will increase the tax base. Moreover, because the CRA has a target base that is commercial rather than residential, an exemption of taxes for a limited duration is not likely to burden any school system with additional students. Furthermore, school districts will not lose any taxes they currently receive and will, in fact, gain fifty (50%) percent of their portion of any increase in assessed valuation resulting from improvements to commercial, industrial and residential real properties in the CRA. The CRA provides an excellent opportunity to improve the economic climate of Symmes Township, which would only benefit the school districts. All the short-term burdens arising from the CRA, such as increased expenses of police patrols and firefighting would be borne by the Township. In the long term, school districts will benefit from an enhancement of its tax base with no impact on its present tax receipts. The Trustees believe that failure to act will result in a detrimental delay in the execution of the plans for the development of the CRA, which delay could negatively affect the feasibility of the CRA expansion and the opportunity for increased revenues for the Township and the school districts. 

Mr. Bryant stated that the Township is willing to work with the School Board for a possible solution to their concerns.

MR. BECK stated he understands that acceptance of this CRA will set a precedent for the Indian Hill School District.  The Township's agreement has a ten (10) year timeframe and does not abate any tax revenue, just fifty (50%) percent of increased tax revenue.  Any proposed project would have to receive approval from Hamilton County and the Township.

MR. JAROSZEWICZ stated that the School Board needs to consider how any action would impact the future. 

MR. BRYANT advised that the School Board would be advised of any application received as a result of this CRA.  Mr. Bryant noted that any abatement of taxes will also affect the Township.

MR. BECK stated it is important to be able to offer incentives to businesses to re-invest in certain areas of the Township. 

MR. JAROSZEWICZ stated they would be willing to continue discussions with the Township on this issue.

MR. BRYANT moved to table Resolution G-0903 until the April meeting.  Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

The Board indicated that they wished to continue discussions with the Indian School Board over this issue.

MR. BRYANT moved to adopt the following resolution and to dispense with the second reading:



RESOLUTION G-0906

Resolution Authorizing and Approving
            an Amendment to the Contract for
         Fire Protection and Emergency Medical
  Services with the Loveland-Symmes Fire Department
          and Dispensing with the Second Reading

                WHEREAS, the Symmes Township Board of Trustees, Hamilton County, Ohio is authorized to contract for fire protection and emergency medical services; and

                WHEREAS, the Symmes Township Board of Trustees and the Loveland-Symmes Fire Department have entered into a contract which provide such terms and conditions which are appropriate for the protection of the lives and property of all persons and businesses within Symmes Township; and

                WHEREAS, the Symmes Township Board of Trustees and the Loveland-Symmes Fire Department entered in amendments to the contract to provide additional thirty-two (32) man-hours of personnel daily between the hours of 10:00 a.m. and 10:00 p.m. pursuant to Resolution
G-0604; and

                WHEREAS, the Symmes Township Board of Trustees concurs that the additional personnel has been beneficial to the residents of Symmes Township and wishes to continue this service on a permament basis effective January 1, 2009.

                NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of Symmes Township, Hamilton County, Ohio:

                Section 1.            Hereby authorizes and approves an amendment to the contract for fire protection and emergency medical services as it is set forth on Attachment “A”.
                 
                Section 2.            Hereby authorizes and directs that such payments be made in accordance with the terms and conditions as set forth in the amendment attached hereto as Attachment “A”.

                Section 3.            That this Resolution is adopted as an emergency necessary for the immediate preservation of the safety and welfare of the community for the reason that the additional personnel will enhance the fire protection services provided to Symmes Township.

MR. BECK seconded the motion.

MR. BRYANT noted that this resolution will make these additional part-time personnel part of the contract.
 
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MR. BRYANT moved to approve an expenditure in an amount not to exceed $66,000.00 for burn pit excavation at Rozzi park.  Mr. Beck seconded the motion.

MR. BECKMAN noted that this issue was tabled from the last meeting as there was a question if this needed to be placed out for bid.

MR. MALLOY stated that since this work is considered a specialized service and therefore there is no requirement for the Board to go out for bid.

MR. BECKMAN noted that there are not too many companies that perform this work.

MR. BECK questioned if this amount includes not only the removal, but also the backfill and testing.

MR. BECKMAN stated this includes the removal and backfill.  The Board has approved another expenditure for the testing.

The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.   

MR. BECKMAN reviewed the timeline necessary for the placement of a levy on the November ballot for the parks. 

MR. BRYANT stated the Board has been reviewing information regarding the necessity to replace the current park levy in order to provide continued revenue for the Township's park system.

MR. BORCHERS stated that he and Mr. Beckman have developed information regarding projected revenue and expenditures for parks in order to assist the Board in deciding that necessary millage.  This information reflected both maintaining the parks, as well as expanding. 

MR. BECKMAN advised that 1.2 mils would generate approximately $692,000 annually, based on the Auditor's certification from last year.

MR. BRYANT stated that the Township will not receive any park revenue next year as the current levy expires at the end of 2009.  The Board will need to decide what millage amount is required to support the park system.

Mr. Bryant suggested that this issue be tabled to allow the Board time to review this information, as well as receive a recommendation from the Finance & Audit Committee.  The Board does not need to make a final decision until early June.

The Board agreed to table this issue to the next meeting.

MR. BRYANT recommended that the Board again table discussion of park names.  The Board had no objection.

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New Business

MR. BORCHERS stated that he had to leave at this time.

MR. BRYANT moved to appoint Carol Sims as Acting Fiscal Officer.  Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MR. BRYANT stated that the Board held a Public Hearing earlier on the proposed changes to the Township's adopted Land Use Plan.

MR. BECK noted all the resident's concerns have been incorporated into the proposal.

MR. BRYANT moved to adopt the following resolution:

RESOLUTION G-0905
Resolution Adopting Revisions to the Symmes
Township Land Use Plan and Requesting
  Acceptance of Such Revisions by the
  Hamilton County Regional Planning Commission

                WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio adopted a Township Land Use Plan on April 21, 1992 and accepted by the Hamilton County Regional Planning Commission in August 1992; and

                WHEREAS, a Land Use Plan is required to be reviewed every five (5) years so as to remain an effective foundation in the on-going planning and zoning process; and

                WHEREAS, the Township Land Use Plan was reviewed and changes made pursuant to Resolutions G-9807 and G-0334; and

                WHEREAS, the Board of Trustees established an Ad Hoc Master Plan Steering Committee to provide assistance in the development of a Township Master Plan; and

                WHEREAS, the Board of Trustees requested the Ad Hoc Maser Plan Steering Committee to undertake the review of the Township Land Use Plan, Strategies and Designations; and

                WHEREAS, the Ad Hoc Master Plan Steering Committee completed its review as requested by the Board and has made its recommendations for revisions to the Plan; and

                WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, held a Public Hearing on March 3, 2009 to receive comment from affected property owners and residents of Symmes Township.

                NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of Symmes Township, Hamilton County, Ohio:

                Section 1.        Hereby approves and adopts the revisions to the Land Use Plan as recommended by the Ad Hoc Master Plan Steering Committee and incorporated as Exhibit "A".

            Section 2.            Hereby endorses these revisions to the Hamilton County Regional Planning Commission for its review and adoption of the Plan, and in cooperation with the Trustees and residents, its implementation of the Plan.

               Section 3.           Hereby directs the Township Administrator to forward the necessary documents to Hamilton County Regional Planning Commission for its review and adoption of the Land Use Plan at the earliest possible time.

MR. BECK seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

Mr. Bryant moved to adopt the following resolution:

RESOLUTION T-0901
       Resolution Establishing Fire Lanes
    on Township Roads

               WHEREAS, Ohio Revised Code Sec. 505.17 provides authority for the Board of Trustees to make such regulations and orders
as are necessary to control all vehicle parking in the Township, including parking on established roadways proximate to buildings on private property as necessary to provide access to the property by public safety vehicles and equipment, if the property is used for commercial purposes, the public is permitted to use such parking area, and accommodations for more than ten motor vehicles is provided, and

               WHEREAS, the Board of Trustees have by various and sundry Resolutions established said parking regulations over certain Township roads and private property used for commercial purposes; and

               WHEREAS, the Board of Trustees of Symmes Township wishes to expand the previously established regulations to include new roadways as set forth therein.

               NOW, THEREFORE, BE IT RESOLVED by the Trustees of Symmes Township, Hamilton County, State of Ohio, that:

SECTION I:                That fire lanes be established and that no parking shall be permitted along the curbs and other areas as indicated upon the site plan attached hereto as Exhibit A and on the roadway listed on Exhibit A which is made part of this Resolution.

SECTION II:               The no parking areas established by this Resolution shall be further designated by means of traffic control devices and markings conforming to Section 4511.09 of the Ohio Revised Code.

SECTION III:              This Resolution shall be subject to the limitations, restrictions, and exceptions in Sections 4511.01 to 4511.76 and 4513.02 to 4513.37 of the Ohio Revised Code.

SECTION IV:             Whoever violates the provisions of this resolution is guilty of a minor misdemeanor.

SECTION V:               Fines levied and collected for violation of this resolution shall be paid into the Township General Revenue Fund.

SECTION VI:             This Resolution shall be posted by the Township Fiscal Officer in five conspicuous public places in the Township for thirty days prior to becoming effective, and shall be published in a newspaper of general circulation in the Township for three consecutive weeks.

Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MR. BECKMAN advised the Board of a request for placement of a cell tower in Hopewell Park.  Mr. Beckman stated that this park is within a residential area and would not be appropriate.

MR. MALLOY stated the Board does not have to consider this request as it is  Township property.

The Board agreed that it did not wish to consider this request.

Mr. Bryant moved to authorize the Township Administrator to enter into an agreement with Lawn Systems for 2009 Fertilizer applications in cemeteries, parks and administration buildings and to approve an expenditure in the amount of $18,195.00 for said services.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

Mr. Bryant moved to authorize the Township Administrator to enter into a contract with Camel Cleaning for services at the Safety Center and to approve an expenditure in the amount of $12,740.00 for said services.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

Mr. Bryant moved to authorize the Township Administrator to sign Memorandum of Understanding with the Hamilton County Soil and Water Conservation District for installation of watershed signage.  Mr. Beck seconded the motion.

MR. BECKMAN stated that Hamilton County provides the signage and Township personnel does the installation.

The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MR. BRYANT moved to appoint the Township Administrator as the Board's representative to the Hamilton County's Tax Incentive Review Council.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

Mr. Bryant moved to approve Change Order #11 (to be applied against the allowance) in the amount of $5,531.44 for Meade Project for labor and material to remove the buried construction debris from the old house at the new location of the detention basin and haul away material to landfill. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MR. BRYANT moved to approve:
               a.           Expenditure in the amount of $1,832.00 for the purchase of sign posts
               b.           Expenditure in the amount of $2,250.00           for the purchase of automotive computer tester
               c.           Expenditure in the amount of $3,345.00 for the purchase of Mutt Mitts for parks
               d.           Expenditure (Then & Now) in the amount of $249.78 for radio repairs for E15
               e.           Expenditure (Then & Now) in the amount of $35.72 for October gas purchase for police cruiser #98
               f.           Expenditure (Then & Now) in the amount of $169.65 for 2nd Quarter 2008 drug re-stock
               g.           Expenditure (Then & Now) in the amount of $941.58 for emergency transmission repairs to T206
               h.           Expenditure (Then & Now) in the amount of $3,143.04 for purchase of road salt
               i.           Additional expenditure (Then & Now) in the amount of $2,000.00 for testing services on Meade project
               j.           Expenditure in the amount of $1,300.00 for yearly maintenance fee on Firehouse Software
               k.           Expenditure (Then & Now) in the amount of $2,098.81 for material to expand sidewalk at Symmes Park
               l.           Expenditure in the amount of $3,500.00 for rental of street sweeper
               m.           Expenditure in an amount not to exceed $9,000.00 for material for driveway within meadow area of Symmes Park

Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

The Board had no objection to the new liquor license for Chipotle Mexican Grill of Colorado LLC, dba Chipotle, 11301 Montgomery Road (45249).

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Executive Session

MR. BRYANT moved that the Board enter Executive Session to discuss imminent court action.  Mr. Beck seconded the motion and the roll call vote was as follows:  Mr. Bryant - 'aye'; Mrs. Wagner - 'aye'; Mr. Beck - 'aye'.

The meeting adjourned for Executive Session at 9:50 p.m.

The meeting reconvened from Executive Session at 10:30 p.m.

No further action was taken and the meeting adjourned at 10:30 p.m.  

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