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MINUTES OF
SYMMES TOWNSHIP TRUSTEES
REGULAR MEETING
APRIL 1, 2008

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 7:02 p.m.  Members of the Board present were: Mr. Philip Beck, Mr. Kenneth Bryant, Mrs. Kathryn Wagner, and Mr. John Borchers.

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; Brian Dowers - Deputy Chief, Loveland Symmes Fire Department.

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Presentation

LT. DAN REID reported that on March 18, 2008 at 6:20 p.m., Patrol Officer Greg Sersion received a call that two people were caught in rising water at Symmes Park.  Officer Sersion was the first on the scene and because of his actions, and no regard to his own safety, saved the lives of two teenagers. Officer Sersion was commended for his actions and the Hamilton County Commissioners presented him with a Public Service Award.

JOHN BORCHERS presented his bond to the Board of Trustees.  Gerald Beckman administered the oath of office to Fiscal Officer Borchers who was elected in November to a four-year term effective April 1, 2008.  A short recession was taken for a reception.

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Receipts
Receipts totaling $438,207.66 were read and accepted.
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Warrants

Mrs. Wagner moved that the Township pay its bills.  Mr. Beck seconded the motion and all voted 'aye'. Proper certification having been made, warrants totaling $726,659.05 were issued.

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Reports

LT. REID -  Presented the February activity report.

DEPUTY CHIEF DOWERS -  Reported on numerous incidents due to the recent storms.

OTHER -  MR. BORCHERS reported on the March 24 meeting of the Finance & Audit Committee.  Permament Appropriations were discussed and the Committee has recommended approval to the Board.

MR. BRYANT reported on the march 12 meeting of the Ad Hoc Park Expansion Committee.  The members narrowed the RFQs from twelve to five architect firms to hear presentations on April 22.  The Committee would like the Board to attend.

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Executive Session

Mrs. Wagner moved that the Board enter Executive Session to discuss the discipline of a public employee, to consider the purchase of real property and to discuss, with the Township Law Director, lending court action.  Mr. Bryant seconded the motion and the roll call vote was as follows:  Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

The meeting adjourned for Executive Session at 7:31 p.m.

The meeting reconvened from Executive Session at 9:45 p.m.

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Correspondence

DEVITT & ASSOC - Letter regarding value of lease for Symmes Historical Society.

SYMMES FIRE DEPT - e-mail regarding caller ID feature for Communication Center.

JOHN BORCHERS - e-mail regarding consultant for Meade project.

COL. HOFFBAUER - e-mail regarding fuel tank at the Safety Center.

SYMMES FIRE DEPT - e-mail regarding sledding accident at Symmes Park.

PERSO - Letter regarding claim filed by Whitley.

MOLLOY ROOFING - Proposal for roof repair for Union Cemetery Chapel.

THELEN ASSOC - e-mail regarding selection of consultant for Rozzi property.
SYMMES FIRE DEPT - e-mail regarding bulk purchase of gasoline.

RUMPKE - Proposal for dumpsters.

INTERNATIONAL TRUCK - Proposal for new truck.

JULIE LONG - e-mail regarding pool in township.

WOOD & LAMPING - e-mail regarding property purchase on Shore Drive.

ENVIRONMENTAL SERVICES - Recycling report for 2007.

HAMPTON PUBLISHING - e-mail regarding Township map project.

KAFFENBARGER - Proposal for equipment.
ODOT - e-mail regarding trip for traffic light at Symmes Creek.

CUMMINGS HOMESTEAD - e-mail regarding past due balance for snow removal.

ZONING INSPECTOR - e-mail regarding 11743 Thistlehill Drive.

PAYNE FIRM - e-mail regarding proposal for additional work.

DON FAY - e-mail regarding Rozzi property.

KLEINGERS & ASSOC - Proposal for Meade property.

JOHN BORCHERS - e-mail regarding amending Temporary Appropriations.

HUMPHREY ROAD RFQ received from:
a.  Resource International
b.  Jacobs
c.  KZF Design
d.  Tec Engineering
e.  McGill Smith Punshon

2008 Resurfacing BID PROPOSALS received from:
a.  John R. Jurgensen
b.  Barrett Paving
c.  Brothers Paving
d.  Mt. Pleasant Blacktopping
e.  Don Cisle Contractor

RICK LAUER - Request for return of earnest money for Chapelsquare property.

WILLIAM COLOHAN - e-mail regarding removal of stump at 9975 Washington.

KEN BRYANT - e-mail regarding proposed letter to possible consultants for Rozzi property.

FRANK GATES - Letter regarding form filed for Workers Comp.

HAMILTON COUNTY - February permissive tax computation report ($1,745.25).

cc:COUNTY ENGINEER to PROF. ENGINEERING GROUP - Letter regarding pre-final inspection for Cummings Farm Subdivision, Phases II and III

PUBLIC HEALTH - Letter regarding condition of property at 11813 Mason Road.

NEYRA PAVING - Proposals for sealing.

HCDC - e-mail regarding CRAs.

FRANK GATES - Letter regarding name change to Avizent.

COUNTY SHERIFF - Letter regarding installation of bulk gasoline tank at Safety Center.

THELEN ASSOC - Proposal for asphalt testing on 2008 Resurfacing Program.

VIOX SERVICES - e-mail regarding Safety Center.

WOOD & LAMPING - e-mails regarding property purchase and Rozzi property.

ODOT - Letter regarding preliminary construction meeting with contractor for tree pruning.
JONATHAN HAYES - e-mail regarding electric estimates for Meade property.

PHIL BECK - e-mail regarding salt usage.

PHIL TEMPEL - e-mail regarding post audit meeting.

SYMMES FIRE - e-mail response to Phil Beck's e-mail regarding online auction procurement.

MORAINE MATERIALS - e-mail notification of early start up time.

WOOD & LAMPING - e-mail regarding closing on Rozzi property.

KLEINGERS & ASSOC - Revised proposal for consultant services on Meade property.

KZF DESIGN - e-mail regarding meeting on Fields Ertel Corridor.

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

SURDKY DOWD - Notification that suit by Collinsworth against the Township has been dismissed.

RYLAND HOMES - Letter regarding donation of property next to Kerr Cemetery.

PAUL WESSELKAMPER - Memo regarding Rozzi property.

DAVE TREMBLAY - e-mail regarding April 24 meeting with businesses.

WOOD & LAMPING - Memo regarding resurfacing program.

SYMMES FIRE DEPT - January and February  monthly reports.

WOOD & LAMPING - e-mail regarding property exchange with CJ Carr.

cc:MSD to CONSOLIDATED NEURO SUPPLY - Letter regarding conditional availability of sewer for 10037 Adams Avenue.

MUNICIPAL PUBLICATIONS - Proposal for Township map project.

cc:ELIZABETH STANTON to AUDITOR - Updated letter regarding audit requests.

cc:MSD to STONEHENGE GROUP - Letter regarding conditional availability of sewer for 9531 E. Kemper Road.

cc:MSD to MARY TROUT - Letter regarding conditional availability of sewer for 9799 Humphrey Road.

FROST BROWN TODD - Letter regarding Rozzi property.

DODDS MONUMENTS - Letter regarding changes in their policy.

WORKERS COMP - Letter regarding claim filed by Erwin Walker.

SMAC RUNNING CLUB - Letter of appreciation for recent action by Office Sersion at Symmes Park.

OHIO DEPARTMENT OF LIQUOR CONTROL - Notice of liquor license transfer from J.N. Food & Beverage Corp, dba Delight Thai Cafe, 11928 Montgomery Road (45249) to R.A.N. Food & Beverage Corp., dba Delight Thai Cafe, 11928 Montgomery Road (45249)
HAMPTON PUBLISHING - e-mail notification of cancellation of sales agreement for Township map.

LOVELAND SOCCER CLUB - e-mail regarding use of Rozzi fields.

COUNTY ENGINEER - e-mail response to concern about Snider Road.

KLEINGERS & ASSOC - e-mail regarding parking lot at Safety Center.

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Zoning and Planning Issues

MRS. WAGNER moved to adopt the following resolution:

RESOLUTION G-0814
  Resolution To Amend Fees for Applications and
              Other Procedures Required by the Provisions of
     the Symmes Township Zoning Resolution

               WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio adopted Resolution G-9649, Resolution Establishing Fees for Applications and Other Procedures Required by the Provisions of the Symmes Township Zoning Resolution, on November 19, 1996; and

               WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio adopted subsequent resolutions to amend the fees for applications and other procedures required by the provision of the Symmes Township Zoning Resolution; and

               WHEREAS, the Board of Trustees has determined that revisions are required to update the adopted fee scheduled in connection with Applications for Zoning Amendments, Zoning Certificates, and other types of approvals and appeals.

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

               Section 1.         The adopted schedule of non-refundable fees is hereby amended in connection with Applications for Zoning Amendments, Zoning Certificates, and all other types of approvals or appeals which are permitted or required by the provisions of the Zoning Resolution.  The schedule of fees, as amended, is set forth on Exhibit "A", attached hereto and incorporated as if fully set forth herein.

               Section 2.         This Resolution shall take effect and be enforced from May 1, 2008.

Mr. Bryant 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 noted there is an agenda item for the review of proposed Community Reinvestment Area.  Mr. Bryant moved to table this item to the next scheduled meeting.  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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New Business

   MR. BRYANT moved to approve an expenditure not to exceed $4,000.00 with Environmental Archeology for wetland delineation.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MR. BECK moved to approve an additional expenditure in the amount of $6,000.00 with the Payne Firm for continued environmental studies.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

Mr. Beck moved to hold a special meeting on April 29, 2008 at 7:00 p.m. for the purpose of entering Executive Session to discuss the purchase of real property and for the discussion of Community Reinvestment Area.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MRS. WAGNER moved to adopt the following resolution:

   RESOLUTION F-0801
   RESOLUTION APPROVING
               2008 PERMANENT APPROPRIATIONS

               BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio, that to provide for the current expenditures of said Board of Trustees, during the fiscal year, ending December 31st, 2008, the following sums be and the same are hereby set aside and appropriated for the several purposes for which expenditures are to be made for the during said fiscal year, as follows, viz:

               That there be appropriated from the:                     

General Fund 
$2,235,730.00
Motor Vehicle License Tax Fund
$ 8,500.00
Gasoline Tax Fund
$223,500.00
Road and Bridge Fund
$174,000.00
Cemetery Fund
$71,100.00
Cemetery Bequest Fund
$1,500.00
Lighting Assessment Fund
$130,000.00
Police District Fund
$988,305.00
Fire District Fund
$1,076,964.00
Road District Fund
$750,353.15
Park Levy Fund 
$1,006,205.00
Park Levy - Rozzi 
$209,000.00
EMS Fund
$699,727.33
TIF Fund
$339,255.00
FEMA
$258.62
Note Proceeds - TIF
$346,255.00
Capital Project -Safety Center
$173,692.68
Capital Project - Real Estate
$99,412.00
Safety Service
$952,097.06
Township Motor Vehicle License Tax Fund          
$33,500.00
Emerg. Medical Services  
$18,000.00
Grand Total of All Funds
$9,537,354.84

Mr. Bryant seconded the motion.

MR. BORCHERS advised this is the Permament Appropriation for 2008.  The Finance & Audit Committee has reviewed this and recommended approval to the Board.

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

MRS. WAGNER moved to adopt the following resolution:

RESOLUTION F-0802
    A Resolution Amending Resolution F-0310,
             Which Authorized the Issuance and Sale of
Not to Exceed $360,000 Township Building Improvement Bonds

           WHEREAS, this Board by Resolution F-0310 adopted September 16, 2003, pursuant to Chapter 133 of the Ohio revised Code authorized the issuance of Bonds of the Board in the principal sum of not to exceed $360,000 for the purpose of paying the cost of constructing maintenance facilities in the Township including land acquisition, construction, planning and legal costs, together with permissible costs under the Uniform Public Securities Law, and

           WHEREAS, as a result of an unexpected tax collections and other revenues this Board determined to utilize other funds for the construction of the maintenance facilities and it is therefore necessary to amend Resolution F-0310 in order to provide authorization to spend the proceeds of said Bonds on another recreation project in the Township;

           NOW, THEREFORE, Symmes Township, (herein the “Township”), County of Hamilton, Ohio hereby resolves:

           Section 1.         That Section 1 of Resolution F-0310 which reads as follows:
                                 That it is necessary to issue Bonds of the Board in the principal sum of not to exceed $360,000 for the purpose of paying the cost of constructing maintenance facilities in township parks, including land acquisition, construction planning and legal costs, together with permissible costs under the Uniform Public Securities Law, including financing costs, cost of municipal bond insurance (if any), the costs of printing the Bonds or other evidences of indebtedness, expense of delivery of bonds, the costs of expenses of The Depository Trust Company, service charges of the paying agent, legal services and obtaining an approving legal opinion and other permissible costs, under authority of the general laws of the State of Ohio, particularly Chapter 133 of the Ohio Revised Code.  Said Bonds shall be dated, shall mature, shall bear interest, and shall be subject to mandatory and optional redemption as set forth in the Bond Purchase Agreement which is hereby authorized and which shall be executed by the Township Administrator without further action of this Board.  The interest rate on the Bonds shall not be in excess of six percent (6.00%) per annum.  Said Bonds shall be issued in denominations of $100,000 or integral multiples of $5,000 in excess of $100,000.  Interest shall be payable semiannually on June 1 and December 1 of each year, until the principal sum is paid.

                      Be amended to read:
                                 That it is necessary to issue Bonds of the Board in the principal sum of not to exceed $360,000 for the purpose of paying the cost of acquiring park land and making improvements in township parks, including land acquisition, construction planning and legal costs, together with permissible costs under the Uniform Public Securities Law, including financing costs, cost of municipal bond insurance (if any), the costs of printing the Bonds or other evidences of indebtedness, expense of delivery of bonds, the costs of expenses of The Depository Trust Company, service charges of the paying agent, legal services and obtaining an approving legal opinion and other permissible costs, under authority of the general laws of the State of Ohio, particularly Chapter 133 of the Ohio Revised Code.  Said Bonds shall be dated, shall mature, shall bear interest, and shall be subject to mandatory and optional redemption as set forth in the Bond Purchase Agreement which is hereby authorized and which shall be executed by the Township Administrator without further action of this Board.  The interest rate on the Bonds shall not be in excess of six percent (6.00%) per annum.  Said Bonds shall be issued in denominations of $100,000 or integral multiples of $5,000 in excess of $100,000.  Interest shall be payable semiannually on June 1 and December 1 of each year, until the principal sum is paid.

           Section 2.      That the first paragraph of Section 2 of Resolution F-0310 which reads:
                                 Said Bonds shall be designated “Township Building Improvement Bonds”.  The Bonds shall express upon their faces the purpose for which they are issued and that they are issued in pursuance of this resolution.  The Bonds shall be in fully registered form.  The Bonds shall bear the signatures of the members of this Board of Trustees and of the Township Fiscal Officer, which may be facsimile signatures, provided that the Bonds shall bear the manual authenticating signature of an authorized representative of the paying agent and registrar as determined by the Township Administrator and set forth in the Bond Purchase Agreement (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 payable on each interest payment date to the person whose name appears on the record date (May 15 and November 15 for each June 1 and December 1 interest payment date, respectively) on the bond registration records as the registered owner thereof, by check or draft mailed to such registered owner’s address as it appears on such registration records.

                      Be amended to read:
                                 Said Bonds shall be designated “Township Park Land Acquisition and Improvement Bonds”.  The Bonds shall express upon their faces the purpose for which they are issued and that they are issued in pursuance of this resolution.  The Bonds shall be in fully registered form.  The Bonds shall bear the signatures of the members of this Board of Trustees and of the Township Fiscal Officer, which may be facsimile signatures, provided that the Bonds shall bear the manual authenticating signature of an authorized representative of the paying agent and registrar as determined by the Township Administrator and set forth in the Bond Purchase Agreement (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 payable on each interest payment date to the person whose name appears on the record date (May 15 and November 15 for each June 1 and December 1 interest payment date, respectively) on the bond registration records as the registered owner thereof, by check or draft mailed to such registered owner’s address as it appears on such registration records.

           Section 3.         That all other provisions of Resolution F-0310 are hereby ratified and confirmed.

           Section 4.         The Fiscal Officer is hereby directed to deliver a certified copy of this Resolution to the County Auditor within twenty (20) days after its adoption.

           Section 5.         That it is found and determined that all formal actions of this Board concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Board, and that all deliberations of this Board and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.

           Section 6.         That this Resolution shall be in full force and effect at the earliest possible date provided by law.

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

Mrs. Wagner moved to adopt the following resolution:

RESOLUTION F-0803 
    A Resolution Providing for the Issuance
         of Not to Exceed $9,200,000 Park Land Acquisition
               Bond Anticipation Noted, by Symmes Township, Ohio,
  in Anticipation of the Issuance of Bonds of the
Township, and Declaring an Emergency

           WHEREAS, the Fiscal Officer of the Township has estimated the life of the improvements constructed with the Bonds described as at least five (5) years, and certified the maximum maturity of the Bonds as thirty (30) years, and of the notes to be issued in anticipation thereof as twenty (20) years; and

           WHEREAS, Chapters 133 of the Ohio Revised Code provide authority for this Board to issue its notes to finance the cost of acquiring park land;

           NOW, THEREFORE, BE IT RESOLVED by Board of Trustees of Symmes Township, Hamilton County, Ohio, at least two-thirds of the members elected thereto concurring:

           Section 1.         That it is hereby declared necessary to issue Bonds of the Symmes Township, County of Hamilton, Ohio (the “Township”), in the principal sum of not to exceed $9,200,000, for the purpose of financing the cost of park land acquisition, which Bonds shall mature over a period of not to exceed thirty (30) years and bear interest at an approximate rate of six per centum (6%) per annum, payable semiannually, and be issued under the provisions of the Uniform Public Securities Law of the Revised Code of the State of Ohio.

           Section 2.         That it is hereby declared necessary, and this board hereby determines, that notes should be issued in anticipation of the issuance of said Bonds.

           Section 3.         Said anticipatory notes of the Township shall be issued under the provisions of the Uniform Public Securities Law of the Ohio Revised Code, in the principal amount of not to exceed $9,200,000.  Said notes shall be dated as of their date of issuance and shall mature not more than one year from the date of their issuance and shall bear interest, payable at maturity, at the rate to be established in the Certificate of Award which is hereby authorized and which shall be executed by the Township Fiscal Officer or the Township Administrator without further action of this Board. The notes are not subject to redemption prior to maturity.  Said notes shall be issued in denominations, of $100,000 or any integral multiple of $5,000 in excess of $100,000. 

           Section 4.         That such notes shall be executed by at least two members of the Board of Trustees and attested by the Township Fiscal Officer.  Such notes shall be designated, “Park Land Acquisition Bond Anticipation Notes”, shall be payable at such bank or trust company that is a correspondent of any legal depository of the Township, upon approval of the Fiscal Officer as set forth in the Certificate of Award, without deduction for collection, exchange or bank service charges, and shall express upon their faces the purpose for which they are issued and that they are issued in pursuance of this resolution.

           Section 5.         That said notes shall be awarded and sold to RBC Capital Markets Corporation, Cincinnati, Ohio, in accordance with its offer which is hereby accepted, and the proceeds from such sale, except any premium or accrued interest thereon, shall be paid into the proper fund and used for the purpose aforesaid and for no other purpose.

           Section 6.         That said notes shall be the full general obligation of the Township, and the full faith, credit and revenue of said Township are hereby pledged for the prompt payment of the same.  The Township anticipates that service payments in lieu of taxes will be sufficient to pay the principal of and interest on said notes.  The par value to be received from the sale of Bonds anticipated by said notes, and any excess funds resulting from the issue of said notes shall, to the extent necessary, be used only for the retirement of said notes at maturity, together with interest thereon, and is hereby pledged for such purpose.

           Section 7.         That during the period while such notes are outstanding, there shall be levied on all of the taxable property of the Symmes Township, in addition to all other taxes, a direct tax annually not less than that which would have been levied if Bonds had been issued without the prior issue of such notes; provided, however, that to the extent that debt service on said notes is appropriated and paid from other sources including service payments in lieu of taxes, said tax shall not be levied or collected for such purpose.  Said tax shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers in the same manner and at the same time that taxes for general purposes for each of said years are certified, extended and collected.  Said tax shall be placed before and in preference to all other items and for the full amount thereof.  The funds derived from said levy hereby required shall be placed in a separate and distinct fund and, together with interest collected on the same, shall be irrevocably pledged for the payment of the principal and interest of said notes and for the Bonds in anticipation of which they are issued, when and as the same falls due.

           Section 8.         This Board, for and on behalf of the Township, hereby covenants that it will restrict the use of the proceeds of the notes hereby authorized in such manner and to such extent, if any, and take such other actions as may be necessary, after taking into account reasonable expectations at the time the debt is incurred, so that they will not constitute obligations the interest on which is subject to federal income taxation or “arbitrage Bonds” under Sections 103(b)(2) and 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and the regulations prescribed thereunder.  The officer having responsibility with respect to the issuance of the Notes is authorized and directed to give an appropriate certificate on behalf of the Township, on the date of delivery of the Notes for inclusion in the transcript of proceedings, setting forth the facts, estimates and circumstances and reasonable expectations pertaining to the use of the proceeds thereof and the provisions of said Sections 103(b)(2) and 148 and regulations thereunder.

                                 These Notes are hereby designated “qualified tax-exempt obligations” for the purposes set forth in Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.  The board of the Township does not anticipate issuing more than $10,000,000 of “qualified tax-exempt obligations” during the current calendar year.

           Section 9.         This Board hereby authorizes and directs the Fiscal Officer to take any and all actions which may be necessary to issue the Notes in book-entry-only form or in such form as will render the Notes eligible for the services of The Depository Trust Company, New York, New York without further action by this board, including execution of all documents necessary therefor.

           Section 10.         This Board hereby authorizes the Prior Bonds be redeemed on the earliest call date after the issuance of the Notes and further authorizes the Fiscal Officer to take any and all actions which may be necessary to effectuate the redemption of the Prior Bonds without further action by this board, including the execution of all documents necessary therefore.

           Section 11.         That this Board hereby authorizes the Administrator, the Fiscal Officer and all members of the Board to execute any and all documents necessary or appropriate to accomplish the issuance of the notes.

           Section 12.         That this resolution is hereby declared to be an emergency measure for the immediately preservation of the public peace, health, safety and welfare of the inhabitants of Symmes Township for the reason that the immediate issuance of said notes to provide funds for the orderly financing of the cost of the previously described Parkland Acquisitions, and this resolution shall take effect immediately upon its adoption.

           Section 13.         That the Fiscal Officer is hereby directed to forward a certified copy of this Resolution to the County Auditor of Hamilton County, Ohio.

Mr. Beck seconded the motion.

MR. BORCHERS advised this resolution is to permit the borrowing of money for the closing on real property and park improvements.

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

MRS. WAGNER moved to adopt the following resolution and to dispense with the second reading:

RESOLUTION G-0815
       Resolution Authorizing and Directing Township Administrator
  and Township Fiscal Officer to Execute Documents Necessary
                  and Appropriate for the Purchase of Real Estate With
    the Tri-State Manufacturing Company and
   Arthur Rozzi, Trustee and Dispensing with the Second Reading

           WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, has determined the necessity of acquiring additional property for park purposes located between Union Cemetery Road and Lebanon Road; and

           WHEREAS, The Tri-State Manufacturing Company & Arthur Rozzi, Trustee have entered into a Purchase Contract to sell to the Board of Trustees of Symmes Township the parcels of property listed in Attachments “B”, 11709 Lebanon Road, Parcel Number 620-0070-0040, “C”, 11605 Lebanon Road, Parcel Number 620-0070-0222, “D”, Parcel Number 620-0070-0017, “E”, Parcel Number 620-0070-0042 and  “F”, 9805 Union Cemetery Road, Parcel Number 620-0070-0018 suitable for park purposes; and
          
           WHEREAS, a Purchase Contract has been prepared and executed which sets forth reasonable terms and conditions for the acquisition of said property by the Symmes Township Board of Trustees; and

           WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, hereby authorizes and directs the Township Administrator and the Township Fiscal Officer to execute all documents reasonable and necessary for the acquisition of said real estate substantially in accordance with the terms set forth in the Purchase Contract.
 
           NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of Symmes Township, Hamilton County, Ohio, that:

           Section 1.         It is hereby authorized and directed that the Township Administrator in consultation with the Township Law Director and the Township Bond Counsel, execute all documents which are appropriate and necessary for the acquisition of the real estate identified in the Purchase Contract with the Tri-State Manufacturing Company and Arthur Rozzi, Trustee. 

           Section 2.         Hereby authorizes and directs the Township Fiscal Officer to make necessary payments and disbursements on behalf of Symmes Township as are in accordance with the terms set forth in said Purchase Contract.

           Section 3.         The Board of Trustees of Symmes Township upon majority vote does hereby dispense with the requirement that this Resolution be read on two separate days, and hereby authorizes the adoption of this Resolution upon its first reading.

           Section 4.         This Resolution shall take effect and be enforced from and after the earliest period allowed by law.

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

Mrs. Wagner moved to adopt the following resolution and to dispensing with the second reading:

RESOLUTION G-0816
       Resolution Authorizing and Directing Township Administrator
  and Township Fiscal Officer to Execute Documents Necessary
                  and Appropriate for the Exchange of Certain Real Property
   Between C.J. Carr and C & M Woodcrafters, Inc.
            and the Symmes Township Board of Trustees
and Dispensing with the Second Reading

           WHEREAS, the Board of Township Trustees may, by resolution and without bidding or advertising, exchange and transfer any real property belonging to the Township if the current market value of the property is equal to or greater than that of the real property the Township gives up and the County Auditor so certifies to the values prior to the transfer and if the property received is improved to the Township’s specifications, and if the property to be received is to be used by the Township for a public purpose that is the same or similar to that for which the real property the Township gives up in the exchange was used; and

           WHEREAS,  the conditions set forth in the Resolution authorizing the exchange of certain Township real estate have been determined to be in compliance with the requirements authorizing such exchange; and

           WHEREAS, the property to be received requires no further improvements to be used by the Township for park purposes; and 

           WHEREAS, the Township shall use the property received in the exchange for the public purpose that is the same or similar to that for which the real property the Township gives up in the exchange is used; and

           WHEREAS, the owner of properties to be exchanged with the Township has agreed in principal to certain terms and conditions for development of certain property received from the Township as well as other property in the vicinity; and

           WHEREAS, the Board of Trustees of Symmes Township hereby authorizes and directs the Township Administrator to execute on behalf of the Township all documents necessary for the conveyance and acceptance of the real estate pursuant to the exchange described in the prior Resolution upon consultation, if necessary, with the Township Law Director.

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

           Section 1.         It is hereby authorized and directed by the Symmes Township Board of Trustees that the Township Administrator, in consultation with the Township Law Director, execute all documents which are appropriate and necessary for the exchange of the real estate identified in the Resolution approving such exchange with C.J. Carr and C & M Woodcrafters, Inc.  Furthermore, the execution of such documents in furtherance of such property exchange previously executed by the Township Administration is hereby ratified and affirmed by the Board of Trustees.

           Section 2.         It is hereby authorized and directed that the Township Fiscal Officer to make necessary payments on behalf of Symmes Township that are appropriate and necessary for the conveyance and transfer of the real estate described in the Resolution authorizing and directing the exchange of certain Township real property.

           Section 3.         The Board of Trustees of Symmes Township upon majority vote does hereby dispense with the requirement that this Resolution be read on two separate days, and hereby authorizes the adoption of this Resolution upon its first reading.

           Section 4.         This Resolution shall take effect and be enforced from and after the earliest period allowed by law.

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

Mrs. Wagner moved to adopt the following resolution and to dispense with the second reading:

RESOLUTION G-0816
       Resolution Authorizing and Directing Township Administrator
  and Township Fiscal Officer to Execute Documents Necessary
                  and Appropriate for the Exchange of Certain Real Property
   Between C.J. Carr and C & M Woodcrafters, Inc.
            and the Symmes Township Board of Trustees
and Dispensing with the Second Reading

           WHEREAS, the Board of Township Trustees may, by resolution and without bidding or advertising, exchange and transfer any real property belonging to the Township if the current market value of the property is equal to or greater than that of the real property the Township gives up and the County Auditor so certifies to the values prior to the transfer and if the property received is improved to the Township’s specifications, and if the property to be received is to be used by the Township for a public purpose that is the same or similar to that for which the real property the Township gives up in the exchange was used; and

           WHEREAS,  the conditions set forth in the Resolution authorizing the exchange of certain Township real estate have been determined to be in compliance with the requirements authorizing such exchange; and

           WHEREAS, the property to be received requires no further improvements to be used by the Township for park purposes; and 

           WHEREAS, the Township shall use the property received in the exchange for the public purpose that is the same or similar to that for which the real property the Township gives up in the exchange is used; and

           WHEREAS, the owner of properties to be exchanged with the Township has agreed in principal to certain terms and conditions for development of certain property received from the Township as well as other property in the vicinity; and

           WHEREAS, the Board of Trustees of Symmes Township hereby authorizes and directs the Township Administrator to execute on behalf of the Township all documents necessary for the conveyance and acceptance of the real estate pursuant to the exchange described in the prior Resolution upon consultation, if necessary, with the Township Law Director.

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

           Section 1.         It is hereby authorized and directed by the Symmes Township Board of Trustees that the Township Administrator, in consultation with the Township Law Director, execute all documents which are appropriate and necessary for the exchange of the real estate identified in the Resolution approving such exchange with C.J. Carr and C & M Woodcrafters, Inc.  Furthermore, the execution of such documents in furtherance of such property exchange previously executed by the Township Administration is hereby ratified and affirmed by the Board of Trustees.

           Section 2.         It is hereby authorized and directed that the Township Fiscal Officer to make necessary payments on behalf of Symmes Township that are appropriate and necessary for the conveyance and transfer of the real estate described in the Resolution authorizing and directing the exchange of certain Township real property.

           Section 3.         The Board of Trustees of Symmes Township upon majority vote does hereby dispense with the requirement that this Resolution be read on two separate days, and hereby authorizes the adoption of this Resolution upon its first reading.

           Section 4.         This Resolution shall take effect and be enforced from and after the earliest period allowed by law.

Mr. Bryant seconded the motion.

MR. BORCHERS advised this change is due to a recommendation received from the State Auditor's Office during the current audit.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MRS. WAGNER moved to adopt the following resolution:

RESOLUTION G-0818
       Resolution Authorizing the Transfer of Funds

           WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, entered into agreements for the re-payment of Various Purpose Limited Tax General Obligation Bonds pursuant to Resolution
F-0312 adopted September 16, 2003 and Resolution F-0403 adopted February 3, 2004; and

           WHEREAS, the Township Fiscal Officer, on advice of the State Auditors, has established Fund 14-D as a Special Revenue Fund and Fund 14-B as a Debt Service Fund for the revenue and expenditures dealing with these Various Purpose Limited Tax General Obligations Bonds; and

           WHEREAS, the Township Fiscal Officer has advised the Board of Trustees that the amount needed for payment of its 2008 obligations is a total of $339,255.00; and

           WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, wishes to transfer money from the Special Revenue Fund (14-D) to the Debt Service Fund (14-B) as instructed by the State Auditors.

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

           Section 1.         Hereby authorizes a transfer of $339,255.00 from the Special Revenue Fund (Fund 14-D) to the Debt Service Fund (Fund 14-B) as instructed by the State Auditors.

           Section 2.         Hereby directs the Township Fiscal Officer to make the above adjustments to the Special Revenue Fund (Fund 14-D) and the Debt Service Fund (Fund 14-B).

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

Mrs. Wagner moved to award the 2008 Resurfacing Project to Barrett Paving and to approve an expenditure in the amount of $268,148.63.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

Mrs. Wagner moved to establish May 15, 2008 at 3:00 p.m. as the bid opening date for parking lot for Safety Center.  Mr. Beck seconded the motion.

MR. BECKMAN noted that the Board authorized this additional parking lot to be constructed.  This expenditure will be from the Capital Project - Safety Center and Mr. Beckman recommended approval.

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

Mrs. Wagner moved to authorize the Township Administrator to enter into an agreement with Municipal Publications for the publication of a township map and to approve an expenditure in an amount not to exceed $7,600.00 for said service.  Mr. Beck seconded the motion.

MR. BECKMAN advised that the original publisher was unable to sell any advertisements and has decided not to proceed.  The above amount will cover the cost for the publication of the map through Municipal Publications.  Carol Sims will contact Township businesses for the purchase of an ad at cost to help the Township recover this expense. 

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

Mrs. Wagner moved to authorize the Township Administrator to enter into a contract with Kleingers & Associates for consulating services for Meade property development and to approve an expenditure in an amount not to exceed $66,500.00 for said services.  Mr. Bryant seconded the motion.

MR. BRYANT questioned what is covered under these services.

MR. BECKMAN advised this covers the cost for design of the parking lot, restroom, culverts and revisions to the Meade House.

MR. BRYANT questioned what guidance has been given on the parking lot.

MR. BECKMAN advised he has explained to the consultant that the parking lot should be located back behind the trees with mounding along Lebanon Road.  Mr. Beckman stated he will invite representatives from the Cincinnati Horticultural Society and the Symmes Historical Society for input on the design.

Mr. Beckman reported that this contract is the result of negotiations with Kleingers & Associates as the part of the RFQ process.

MR. BECK questioned the schedule for this project.

MR. BECKMAN advised the contract will be signed tomorrow and a meeting scheduled.  The design should be completed within sixty (60) days. 

MR. BRYANT questioned if the Board will have an opportunity to review the final plan, as well if bridges or culverts would be required for the trail.

MR. BECKMAN stated the decision on the bridges will be made with the consultants and the board would see the final plan.

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

MRS. WAGNER moved to authorize the Township Administrator to enter into an agreement with Thelen Associates for asphalt testing services and to approve an expenditure in an amount not to exceed $1,000.00 for said services,  Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MR. BECKMAN reported that five RFQs were received for the Humphrey Road Sidewalk project.  These were reviewed with Mr. Borchers and, based on specific criteria, are recommending the ranking as Jacobs, KZF Design, McGill Smith Punshon, Resource International and Tec Engineering.

MR. BORCHERS advised the Board needs to make an official ranking so that negotiations can start.

MRS. WAGNER moved to accept the recommended rankings for the Humphrey Road Sidewalk project and to direct the Township Administrator to enter into negotiations.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MR. BRYANT noted that April 9 is approaching and that the Blong Memorial Park has not been dedicated.  An Enquirer reporter has inquired about any plans.  Mr. Bryant questioned how the Board wishes to proceed.

MR. BECK stated he felt the Township should move ahead with a dedication on April 9 as this is the memorial date.

MR. BORCHERS stated he felt it would be appropriate for Eric Minamyer to be invite as he was involved with this park.

The Board agreed to hold a dedication for Blong Memorial Park on April 9 at Noon and directed the Township Administrator to finalize plans.  The Board also directed the Township Administrator to extended an invitation to Mr. Minamyer.

MR. BRYANT noted that there was a committee that work on this park.  Ted Hitches, who was killed in a plane crash, was one of these members.  Mr. Bryant questioned if the Board would like to use this opportunity to recognize his contributions.  The Board had no objection.

MR. BECKMAN advised that U.S. Bank has requested the installation of three additional lights at the Blong Memorial Park.  They would be responsible for the installation and cost of these lights.  Mr. Beckman questioned if the Board had any objection.

MR. BRYANT questioned if these lights would be similar to the existing ones.

MR. BECKMAN indicated they would be the same.  U.S. Bank would like additional lighting for their employees.  Mr. Malloy would prepare an agreement.

The Board had no objection to this request.

MR. BECK advised he will be out of town and would be unable to attend the August 5 meeting.  Mr. Beck questioned if the Board would consider moving this meeting to August 12.

MR. BORCHERS advised he would also be out of town during that time.

MRS. WAGNER moved to cancel the August 5 regular meeting and to re-schedule this meeting to August 12 at 7:00 p.m.  Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MR. BECKMAN advised the Township has been contacted by Ryland Homes regarding the a donation of property which abuts Kerr Cemetery.  They are willing to prepare all the necessary paperwork.

The Board had no objection to this proposal and directed the Township Administrator to continue with these discussions.
 
MR. BECKMAN reported that Bill Pitman has found a governmental entity would is very interested in purchasing the Township's 1998 International truck for $16,000.00.

The Board had no objection and directed the Township Administrator to prepare a resolution.

MRS. WAGNER moved to authorize the Township Administrator to enter into an agreement with Neyra Paving for blacktop preventative maintenance and to approve expenditures in the amount of $28,580.00 for said work.  Mr. Bryant seconded the motion.

MR. BRYANT questioned if this work had to go for bid.

MR. BECKMAN stated that he did not believe it was necessary.  Several proposals were received for the work which is for various locations within the Township.

MR. BORCHERS suggested that the approval be based on review and approval of Township Law Director.

MRS. WAGNER moved to amend the motion that said approval of expenditure is subject to review and approval of the Township Law Director.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

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

MRS. WAGNER moved to authorize Carol Sims to attend zoning seminar on June 27, 2008 in Columbus, Ohio.  Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

Mrs. Wagner moved to authorize Carol Sims and Jana Grant to attend "Vital Records and Disaster Preparedness" seminar on May 1, 2008 in Columbus, Ohio.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

Mrs. Wagner moved to authorize Carol Sims and Jana Grant to attend "Concepts in Records Management" seminar on September 16, 2008 in Columbus, Ohio.  Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

Mrs. Wagner moved to approve:

                        a.         Expenditure (Then & Now) in the amount of $118.80 for purchase of medical supplies
                        b.         Expenditure (Then & Now) in the amount of $45.00 for backboard labels for M60/M61
                        c.         Expenditure in an amount not to exceed $8,300.00 for the rental of a catch basin cleaner/street sweeper
                        d.         Expenditure in the amount of $2,576.00 for the installation of new fan motors on the condensing units at the Safety Center
                        e.         Expenditure in the amount of $414.00 for the relocation of a thermostat at the Safety Center
                        f.         Expenditure in an amount not to exceed $7,000.00 for the installation of electrical service on the Meade property
                        g.         Expenditure in an amount not to exceed $98,000.00 for the purchase of replacement dump truck
                        h.         Expenditure (Then & Now) in the amount of $1,957.35 for emergency ECM repairs to Engine 15
                        i.         Expenditure (Then & Now) in the amount of $1,684.32 for emergency brake repairs for M61
                        k.         Expenditure (Then & Now) in the amount of $5,713.00 for graphics on new fire pumper
                        l.         Expenditure (Then & Now) in the amount of $847.37 for emergency repairs to T-205

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

The meeting adjourned at 9:36 p.m.

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