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MINUTES OF
SYMMES TOWNSHIP TRUSTEES
REGULAR MEETING
APRIL 7, 2009

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

Opening | Presentation | Receipts | Warrants | Minutes | Reports | Hearing from Residents | 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.

Also present:  Gerald Beckman - Township Administrator; Robert Malloy - Township Law Director; Carol Sims - Township Assistant Fiscal Officer; Tom Turner - Assistant Chief, Loveland Symmes Fire Department.

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Executive Session

MR. BRYANT moved that the Board enter Executive Session to discuss the employment of a public employee and to consider the purchase of real property.  Mr. Beck 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 7:02 p.m.

The meeting reconvened from Executive Session at 7:37 p.m.

MR. BRYANT moved to amend the agenda to include Resolution P-0901 under New Business.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

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Receipts

Receipts totaling $800,344.45 were read and accepted.

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Warrants

Mr. Bryant moved that the Township pay its bills.  Mrs. Wagner seconded the motion and all voted 'aye'. Proper certification having been made, warrants totaling $805,370.87 were issued.

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Minutes

Minutes of the September 23, 2008 meeting were approved as submitted.
Minutes of the October 7, 2008 meeting were approved as submitted.
Minutes of the October 14, 2008 meeting were approved as submitted.
Minutes of the October 27, 2008 meeting were approved as submitted.
Minutes of the October 28, 2008 meeting were approved as submitted.
Minutes of the November 4, 2008 meeting were approved as submitted.
Minutes of the December 2, 2008 meeting were approved as submitted.
Minutes of the December 9, 2008 meeting were approved as submitted.
Minutes of the December 29, 2008 meeting were approved as submitted.

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Reports

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

1.  TORNADO REMEMBRANCE - Advised the Board that a small ceremony will be held on April 9 at the Blong Park.  Mr. Beckman presented the Board with a proposed schedule.

2.  FLOWER SHOW AWARD - Questioned if the Board would like to sponsor and present an award at the upcoming Flower Show.  The cost would be $65.00. The Board agreed to participate.

MR. BECK noted that there is a ribbon cutting ceremony scheduled at 9:00 a.m.

MR. BRYANT stated he was not aware of this event.

MR. BECKMAN advised he would check into this matter and apprise the Board.

3.  ROZZI BURN PIT - Advised that the Payne Firm will be involved with this removal.

4.  SALT BID - Appears that the bid with the City of Cincinnati will be $64-79 a ton which is a good bid.

MR. BRYANT questioned if the other options previously discussed was still available.

MR. BECKMAN advised they are still available, as well as the possibility of purchasing salt from another community.

5.  PARKING ISSUE - Advised that there has been a truck parked near the intersection in Paulmeadows Subdivision.  The law does prohibit parking with thirty (30) feet of an intersection.  Mr. Beckman advised that signage will be installed and this should eliminate the problem.

6.  HIGH SCHOOL - Advised the School Principal requested the Board permit Officer Housley to remain until the end of the school term which would be June 5.  The annexation will be effective May 26. 

The Board agreed that this property would not be within Symmes Township's jurisdiction and therefore Officer Housley can not remain once the annexation is completed.

ASST. CHIEF TURNER - Reported that a Senior Expo is scheduled for May 6.  Lunch will be served and seniors will be able to discuss any safety issues.  There is no cost for this day.

Asst. Chief Turner advised that the Fire Department has received heart transmission equipment.  This will permit medics to transit 12 lead EKG to Bethesda North ER from the field.  This will be very beneficial to residents.

OTHER -  MR. BORCHERS reported on the recent meeting of the Finance & Audit Committee held on March 16.  The Committee met with the new independent auditor to review their process and reviewed the proposed park levy millage.  The Committee also reviewed the proposed 2009 Permament Appropriations which were approved by the Board later that evening.  The Committee will meet at a later date in order to continue discussions of the park levy.

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Correspondence

WOOD & LAMPING - Memo regarding CRA issues.

SHERIFF'S DEPT - January activity report.

INTEGRY ENERGY - e-mail regarding requested chart.

McBRIDE DALE - e-mail regarding land use plan.

cc:CBJM DEV to COUNTY COMMISSIONERS - Letter regarding cell tower regulations.

NETWORKS SIGNALS - e-mail reply regarding website.

WOOD & LAMPING - e-mail regarding CRA resolution language.

MONTGOMERY TRACE HOA - e-mail regarding real estate signage.

WOOD & LAMPING - e-mail regarding communication regarding cell tower regulations.

COUNTY ENGINEER'S OFFICE - Permit for 11600 Lebanon Road.

FEMA - Letter regarding Hurricane Ike expenditures.

BURGESS & NIPLE - Proposal for engineering services for fire hydrant replacement in Camp Dennison.

CLARK THEDERS - e-mail regarding renewal proposal.

MONTGOMERY - e-mail regarding April tornado ceremony.

FEOSHIA HENDERSON - e-mail request for information on Park-n-Ride.

PAYNE FIRM - e-mail regarding excavation bid package.

STEVE PAGE - e-mail regarding traffic concerns in Riveroaks subdivision.

SOIL & WATER - Letter regarding watershed compliance.

BOARD OF ELECTIONS - Request for use Symmes Park for distribution of election supplies.

OTARMA - Memo regarding Budget Relief Credit 2009.

REGIONAL PLANNING - Letter regarding public hearing on land use plan - April 2, 2009.

SYMMES FIRE - e-mail regarding closure of Quality Inn.

cc:COUNTY ENGINEER to LAND STRATEGIES - Letter regarding bond for Hearthstone Estates.

COUNTY ENGINEER - Driveway permit for 11709 Lebanon.

COUNTY AUDITOR - Amended Certificate of Revenue and Amended Certificate of Expenditures.
SOIL & WATER - Report on Park Meadow parking area.

COMMUNITY DEV - e-mail advising that Symmes Township is not eligible for funds from Stimulus Bill.

COMMUNITY DEV - Letter regarding funds from Stimulus Bill.

FRANK GATES - Letter regarding 2010 Workers Compensation rating.

COMMUNITY DEV - e-mails regarding Loveland Madeira CRA area.

HORTICULTURAL SOCIETY - Request for sponsorship of award for flower show.

BURGESS & NIPLE - Proposals for engineering services for fire hydrant replacement in Camp Dennison and for engineering services for water main additions in Camp Dennison.

LT. REID - e-mail regarding class on radar unit.

JOHN RIESTER - e-mail regarding truck parked on street in Paulmeadows.

SYMMES FIRE - e-mails regarding POD Operation training.

BLDG DEPT - Certificate of Completion of demolition at 11813 Mason Road.

cc:MOTOR VEHICLES to LOVELAND - Letter regarding audit findings for August - November 2008.

GREG ROGERS - e-mail regarding sewers in Camp Dennison.

KURT THOLKING - e-mail regarding "Children at Play" signage.

WOOD & LAMPING - e-mail regarding claim filed by Erwin Walker.

PERKINS - Change Order #12 for Meade project.

SURDYK & DOWD - Letter regarding suit filed by John Meyer.

SEALED BIDS - 2009 Resurfacing project received from:
a.         J.K. Meurer Corp.
b.        Schumacher Dugan
c.         Adleta Construction
d.        Mt. Pleasant Blacktopping
e.         Barrett Paving
f.         Prus Construction
g.         John Jurgensen

McGILL SMITH - e-mail regarding park contract.

HEIDI BALLY - e-mail regarding dog run.

JACOBS - e-mail regarding Humphrey Road sidewalk project.

MONTGOMERY COUNTY - e-mail regarding highway rock salt bid.

COUNTY AUDITOR - Letter regarding refund of property taxes.

STATE OF OH - Letter regarding FEMA refund.

PERSO - Notification of closure on claims for Dump truck panels, Katrina Alarcon and 2003 Ford Intercept.
ROSS BUICK - Proposal for new truck.

CHIP BRINKMAN - Memo regarding retirement effective August 31, 2009.

REGIONAL PLANNING - Notice of Public Hearing on Symmes Run subdivision.

PAYNE FIRM - Proposal regarding VAP for Rozzi park.

WOOD & LAMPING - e-mail regarding Meadow Bluff fence.

EADS FENCE - Proposal for Meadow Bluff fence.

CITY OF CINTI - e-mail regarding salt bids.

WOOD & LAMPING - Memo regarding reimbursement of insurance premiums.

ROBERT GOERING, HAMILTON COUNTY TREASURER - Notice of Collection of Inheritance Taxes ($33,948.00). 

WARNER CABLE - 2008 Annual Report.

COLUMBIA TOWNSHIP - Letter regarding our rental of street sweeper.

SYMMES FIRE - e-mail regarding water service for Flower Show.

COMMUNITY DEV - e-mail regarding proposed Loveland Madeira CRA.

PAM MITCHELL - e-mail regarding proposed easement for Humphrey Road sidewalk.

SYMMES FIRE - e-mail regarding April 9 ceremony.

OHIO DAS - Memo regarding state purchasing requests.

cc:FROST BROWN to CLARK SCHAEFER - Response to letter dealing with current audit.

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Zoning and Planning Issues

MR. BRYANT moved to appoint Greg Kessler, 8345 Chesney Lane (45249) to the Township Zoning Commission for an unexpired term ending September 4, 2010.  Mr. Beck seconded the motion.

The Board thanked those residents who expressed interest in this position.

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

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Old Business

MR. BRYANT reviewed the brief presentation at the last meeting regarding aggregation.  This issue was tabled at that time in order to obtain additional information regarding natural gas and electric aggregation programs.

Mr. Bryant stated that other governments are looking into both aggregation programs.  Mr. Bryant further stated that he felt the Board should ask the residents for permission to negotiate for both natural gas and electric.  

MR. BECK stated he understood that the residents would be voting on just the concept and if approved, the Board would then be meeting with groups to negotiate on their behalf.

MR. BRYANT stated the first step is for the Board to decide if these issues should be on the November ballot.  Mr. Bryant advised that he felt that more homework is needed to understand aggregation, but that it should be placed before the residents in November to make the decision whether the Board should aggregate both natural gas and electric.

MR. BECK stated he agreed with this statement.

The Board directed the Township Administrator to provide the Board with a timeline for placement of these issues on the November ballot.  The Board also requested the Township Administrator to follow up with other governments regarding electric aggregation.

MR. BRYANT noted that the Board had tabled its discussion regarding future park levy.  The Board has received input from the Township Administrator and Finance Committee.  The first park levy was 1.85 mils,  the second one was 1.4 mils, and the current one is 1.2 mils.  All these levies were for five years.  There will be no revenue being received for the parks after December 2009.  This will impact the development of the Rozzi Park.  The current Rozzi levy provided for the purchase of the property and some initial improvements.

Mr. Bryant advised that the Township's website will reflect the revenue received from the past levy and how this money was spent for both maintenance and improvements.

MR. BORCHERS stated that residents have indicated their desire to have green space since the park levies were passed.

MR. BRYANT stated he felt the Board has determined the levy is needed and now needs to decide on the amount and term of the new levy. 

Mr. Bryant advised that the Board will be looking for a recommendation from the Finance Committee before proceeding and tabled this issue to the next meeting.  

The Board again tabled discussion of park names to the next meeting.

MR. BRYANT moved to un-table Resolution G-0903 for adoption.  Mr. Beck seconded the motion. 

MR. BECKMAN reported on a recent meeting with the Indian Hill School District as directed by the Board.  Mr. Beckman advised that the revised resolution reflects compromises such as removal of some residential property, removal of tax abatement for multi-family units and inclusion of its' objections to this abatement.  Mr. Beckman stated that Indian Hill appreciated the Board's willingness to work with the school district.

MR. BECK stated that it is important for the Township to offer incentives to businesses.  This CRA will not take money out of the school's pocket.  If nothing happens, there is no change in revenue.  However, if improvements are made, the schools will receive 50% for ten years and then the full amount. 

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

RESOLUTION G-0903 

       Resolution Expanding Symmes Township
      Community Reinvestment Area 1

                   WHEREAS, the Ohio Community Reinvestment Area Act (“The Act”), under Ohio Revised Code (O.R.C.) Section 3735.65, has authorized counties, with the consent and agreement of affected municipalities and townships therein, to designate areas as Community Reinvestment Areas; and
                  
                   WHEREAS, Symmes Township Trustees (hereinafter “Trustees”) desire to pursue all reasonable and legitimate incentive measures to assist and encourage development in a specific area of the Township that has not enjoyed reinvestment from remodeling or new construction; and

                   WHEREAS, The Trustees hereby request the Hamilton County Commissioners to expand a Community Reinvestment Area by implementing sections 3735.65 through 3735.70 of the Ohio Revised Code to designate “Symmes Township Community Reinvestment Area 1”; making findings and determinations to establish the eligibility of the area described for designation as a Community Reinvestment Area; and

                   WHEREAS, a survey of housing as required by Section 3735.66 of the Ohio Revised Code (O.R.C.) has been prepared for the area to be included in the proposed Community Reinvestment Area and is attached to this Resolution as Exhibit A; and

                   WHEREAS, the maintenance and construction of structures in such area would serve to encourage economic stability, maintain real property values, and generate new employment opportunities; and

                   WHEREAS, the remodeling of existing structures or the construction of new structures in this Community Reinvestment Area 1 constitutes a public purpose for which real property exemptions may be granted.

                   WHEREAS, the Trustees believe 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; and 

               WHEREAS, the Board of Trustees of Symmes Township recognizes the Indian Hill Exempted Village School District has expressed its categorical opposition to any and all forms of abatement or partial abatement of real estate tax revenues based on its desire to capture the full tax revenue stream available to it in order to further its fundamental mission of providing quality education to all students within the District.

               NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio, for the benefit and welfare of Symmes Township and its citizens that:

               Section 1.     The area designated as the Symmes Township Community Reinvestment Area 1, constitutes an area in which housing facilities or structures of historical significance are located, and in which new construction or repair of existing facilities has been discouraged.

               Section 2.     Pursuant to O.R.C. Section 3735.66, Symmes Township Community Reinvestment Area 1, is hereby established in the following general area:
                                        The approximate area for this CRA runs along Loveland-Madeira Road throughout Symmes Township.  Portions of the following roads are included within the proposed CRA: Link Road, Glendale Milford Road, Remington Road, East Kemper Road, Twightwee Road, Adams Avenue, Victor Avenue, Jefferson Avenue, Washington Avenue, and Hopewell Road.                         

                                        Only residential, commercial and industrial properties identified in Section 2 and indicated in Exhibits A and B are within the Community Reinvestment Area and consistent with the applicable zoning regulations are eligible for incentives granted herein.

               Section 3.     All properties identified in Exhibits A and B are within the designated Community Reinvestment Area 1 are eligible for this incentive. This CRA is a public/private partnership intended to promote and expand conforming uses in the designated area. As part of the CRA, Symmes Township intends to undertake supporting public improvements in the designated area.

                               If properties within the designated Community Reinvestment Area 1 are consolidated or subdivided, such properties shall continue to be eligible for this incentive.  However, properties outside the designated area shall not be automatically considered part of the CRA designated area, even if consolidated with property previously included within the designated area.

     Section 4.     Within Symmes Township Community Reinvestment Area 1, the percentage of tax exemptions on the increase in the assessed valuation resulting from improvements to commercial and industrial real property and the term of those exemptions shall be as follows:

                                (a)        The percentage up to fifty percent (50%) and term (up to 10 years) for existing commercial or industrial facilities shall be negotiated on a case-by-case basis in advance of construction or remodeling and according to the rules outlined in O.R.C. Section 3735.67 through 3735.673, and upon which the cost of remodeling is at least $5,000.

                                (b)        The percentage up to fifty percent (50%) and term (up to 10 years) for new commercial or industrial facilities shall be negotiated on a case-by-case basis in advance of construction and according to the rules outlined in O.R.C. Section 3735.67 through 3735.673.

                             Commercial and industrial properties include, but are not limited to, retail properties, office properties, distribution facilities, service facilities, research and development facilities, laboratories, and manufacturing.

                             The results of the negotiation as approved by the Board shall be set in writing in a Community Reinvestment Area 1 Agreement as outlined by ORC §3735.671

                             For residential properties, tax exemptions on the increase in the assessed valuation resulting from improvements as described in O.R.C. Section 3735.67 shall be granted upon proper application by the property owner and certification thereof by the designated housing officer; the percentage and term of those exemptions shall be as follows:

                                (c)        Fifty percent (50%) exemption for a period of ten (10) years for improvements to single-family residential properties, with a market value cap of up to $100,000 and upon which the cost of remodeling is at least $2,500.

                                (d)        Fifty percent (50%) exemption for a period of ten (10) years for construction of new single-family residential properties with a market value cap of up to $100,000.

                               There shall be no exemptions for the construction of new multi-family residential properties.  Multi-family residential properties include any residential property, which contains more than two (2 housing units.

                               Residential applications must be filed with the housing officer no later than six (6) months after construction completion.

                               If remodeling qualifies for an exemption, during the period of the exemption, a portion of the dollar amount of the increase in market value of the structure shall be exempt from real property taxation.  If new construction qualifies for an exemption, during the period of the exemption, the exempted percentage of the structure shall not be considered an improvement on the land on which it is located for the purpose of real property taxation.

               Section 5.     Community Reinvestment Area 1 will remain in effect for three (3) years from the date it is established. The Symmes Township Board of Trustees reserves the right to re-evaluate the designation of Community Reinvestment Area 1 after the three year period, at which time the Board my direct the Housing Officer to continue to accept any new application for exemptions as described in O.R.C. Section 3735.67.

               Section 6.     Now therefore, be it resolved that the Board of Trustees recommends to the Hamilton County Commissioners and respectfully requests that the Commissioners establish a Community Reinvestment Area 1 in the form set out in Exhibits A and B, attached hereto and made a part hereof.

            Section 7.            Hamilton County Board of Commissioners acknowledge that the approval of any commercial or industrial agreement in Symmes Township Community Reinvestment Area 1 will first be approved by the Symmes Township Board of Trustees as a condition for the agreement to take effect.  Hamilton County Board of Commissioners also acknowledge that Symmes Township may enter into an agreement with the Indian Hill School District, the Sycamore Community School District and/or the Loveland City School District in order to have the Township or a company receiving an incentive through an agreement to compensate the school district for tax revenues that they would have received had the property not been exempted from taxation.
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New Business

   MR. BRYANT moved to adopt the following resolution:

  RESOLUTION P-0901
  Resolution Creating Bonus Pay Policy
           for Township Personnel
and Dispensing with the Second Reading

               WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, adopted a Symmes Township Personnel Policy Manual which established guidelines for Township employees in 1992; and

                   WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, wishes to update the Personnel policy Manual; and

                   WHEREAS, the Township Administrator has reviewed the Personnel Policy Manual and has recommended a change in order to create a Bonus Pay Policy for Township personnel; and

                   WHEREAS, the Township Administrator has recommended the creation of a Bonus Pay Policy for all full-time and part-time regular personnel.
                  
                   NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of Symmes Township, Hamilton County, Ohio:

                   Section 1.     Hereby adopts the newly created Bonus Pay Policy for Township Personnel as outlined in Exhibit "A" effective March 1, 2009.

                   Section 2.     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.

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

The Board then presented Carol Sims with an award in appreciation for her 20 years of service with the Township.  

MR. BRYANT moved to adopt the following resolution:

RESOLUTION G-0907

       Resolution Authorizing the Acceptance
of the Donation of Certain Real Estate
  Comprising of Approximately 0.8960 Acres
  and Declaring an Emergency

                   WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, has received title from Ryland Group, Inc., to real property,  located in the City of Loveland and consisting of approximately 0.8960 acres, known as Hamilton County, Ohio Auditor’s Parcel no. 621-25-104; and

                   WHEREAS, the property transfer to the Symmes Township Board of Trustees was recorded, but without proper Resolution adopted by the Board of Trustees authorizing the acceptance of the conveyance, pursuant to Ohio Revised Code Section 505.10(A); and

                   NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio:
                   Section 1.     That the donation of the 0.8960 acre parcel, as more fully described in Exhibit A, attached hereto and incorporated herein by reference, from Ryland Group, Inc., to the City of Mason, Ohio is hereby accepted by the Board of Trustees of Symmes Township.

               Section 2.     The Fiscal Officer, Administrator and Board of Trustees are hereby authorized to execute such documents as are consistent with the conveyance of property.

               Section 3.     That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and general welfare and shall be effective immediately upon its passage. The reason for said declaration of emergency is the need to correct this matter at the earliest possible date.

MRS. WAGNER seconded the motion.

MR. BECKMAN noted that this is a small portion of property located below Kerr Cemetery which is not usable.  Ryland Homes offered this property to the Township earlier and this resolution will accept this donation.

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 G-0908

               Resolution Authorizing and Directing the Execution
   of Five Temporary Rights of Entry and Construction Easement
       Agreements and Declaring an Emergency

               WHEREAS, Symmes Township has undertaken and completed the development of Blong Park; and

               WHEREAS, there were prior arrangements with the five adjacent property owners to the west to maintain and enhance a visual barrier between Blong Park and their properties;

               WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, has authority pursuant to Ohio Revised Code Section 505.10(A) to accept the temporary transfer said property upon unanimous vote of its members; and

               WHEREAS, the Board of Trustees of Symmes Township has determined that construction of a fence on private property, but adjacent to the property line on the west side of Blong Park will further the public purpose of enhancing the visual buffer as originally intended.
 
               NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio:

               Section 1.     The Board of Trustees of Symmes Township is hereby authorized to execute the Temporary Rights of Entry and Construction Easement Agreements attached hereto as Exhibit “A” and incorporated herein by reference.

               Section 2.     The Board of Trustees hereby accepts the Temporary Rights of Entry and Construction Easement Agreements.

     Section 3.     The fence is for the public purpose, to-wit: For the purpose of creating a visual screen between Blong Park and the residential property owners adjacent to the west and such purpose is consistent with prior Agreements for the purpose of consolidating the property owners’ parcels to create Blong Park. In accordance with the terms of the Agreements, property owners, not Symmes Township, shall be responsible for all future maintenance of the fence and private property upon completion of the construction of the fence.

                   Section 4.     That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and general welfare and shall be effective immediately upon its passage. The reason for said declaration of emergency is the need to execute the Temporary Rights of Entry and Construction Easement Agreements at the earliest possible date.

MR. BECK seconded the motion.

MR. BECKMAN noted that these easements will permit the installation of a fence along the Blong Park property line as promised to the property owners.  The abutting property owners will be responsible for the future maintenance and repair of this fence.

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 $10,200.00 for the purchase and installation of said fence.  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 adopt the following resolution:

RESOLUTION G-0909

       Resolution Adopting a Reimbursement Policy
for Officers and Employees of Symmes Township
         Who Are Denied Coverage or Who Elect Not
   to Participate Under a Health Care Plan Procured
      by Symmes Township Pursuant to R.C. 505.60 

                   WHEREAS, the Ohio Revised Code §505.60 provides that the board of township trustees of any township may procure and pay all or any part of the cost of insurance policies that may provide benefits for hospitalization, surgical care, major medical care, disability, dental care, eye care, medical care, hearing aids, prescription drugs, or sickness and accident insurance, or a combination of any of the foregoing types of insurance for township officers and employees and may also provide coverage by contracting with a health insuring corporation.
                  
                   WHEREAS, the Board of Township Trustees of Symmes Township has decided to procure a Township insurance plan for the officers and employees of the Township.

               WHEREAS, R.C. §505.60(D) provides that if any township officer or employee is denied coverage under a health care plan procured by the township or if any township officer or employee elects not to participate in the township’s health care plan, the township may reimburse the officer or employee for each out-of-pocket premium attributable to the coverage provided for the officer or employee for insurance benefits that the officer or employee otherwise obtains, but not to exceed an amount equal to the average premium paid by the township for its officers and employees under any health care plan it procures under this section.
              
               WHEREAS, the Board of Township Trustees, Symmes Township believes that the reimbursement regulation is necessary in the best interests of the township and is necessary to preserve the public health, safety, and welfare;
              
               NOW THEREFORE, BE IT RESOLVED, by the Board of Township Trustees, Symmes Township, Hamilton County, Ohio that:

               Section 1.     General. Symmes Township hereby adopts the powers granted to it pursuant to R.C. 505.60. Pursuant to R.C. §505.60(D), Symmes Township elects to adopt and implement a reimbursement policy. Any officer or employee of Symmes Township who is denied coverage under a health care plan procured by the township or if any township officer or employee elects not to participate in the township’s health care plan, the township shall reimburse the officer or employee for each out-of-pocket premium attributable to the coverage provided for the officer or employee for insurance benefits that the officer or employee otherwise obtains, but not to exceed an amount equal to the average premium paid by the township for its officers and employees under any health care plan or $600.00 per month, whichever is lower.
              
               Section 2.     Eligibility. Township officers and full-time employees, and their immediate dependents shall be eligible for reimbursement under this policy.  To be reimbursed the officer or employee must present a letter from the agent providing health care insurance showing the amount the individual has paid in health care insurance premiums, a copy of an end-of-year paycheck showing the total amount paid per year, or another form that is acceptable to show both proof of coverage and the amount paid. Subject to the limitations set forth in this Resolution, Employees shall be eligible for reimbursements for out-of-pocket premiums paid on or after January 1, 2009.

               Section 3.     Miscellaneous. This resolution shall become effective April 8, 2009. This Resolution shall not be construed as limiting any rights or remedies provided by law and available to Symmes Township under the Ohio Revised Code or other Resolutions.

               Section 4.     Emergency. This Resolution is hereby declared to be an emergency and is necessary for the preservation of the public peace, health, safety and welfare. The reason for said emergency is the necessity to immediately bring this Resolution into compliance and conformity with revised state law.

     Section 5.     Readings. The Board of Symmes Trustees, 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. This Resolution is adopted in open meetings in accordance with the law.

MR. BECK seconded the motion.

MR. BRYANT noted that this policy applies to him.   Mr. Bryant explained that for the last three years he has declined insurance coverage for the last three years as medical benefits were covered under retirement.  There is a new state law which allows Townships to reimburse employees for payments to maintain health care which is approximately $2,500.00 a year for himself.  The Board needs to adopt this resolution in order provide for this coverage.

MR. MALLOY stated that this is state law and the resolution will bring the Township into compliance.  Mr. Malloy stated that all Board members can vote on this issue as there is no problem with conflict of interest concerns. 

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

MR. BRYANT moved to adopt the following resolution:

RESOLUTION G-0910

       Resolution Providing for the Abatement of
     Debris from Property
       Located at 9237 Solon Drive

                   WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, enacted Resolution G-8707, Resolution Providing for the Abatement, Control, or Removal of Vegetation, Garbage, Refuse, and Other Debris from Land in the Township, on August 18, 1987; and

                   WHEREAS, a complaint has been received regarding the condition of property located at 9237 Solon Drive (Parcel 620-0170-0107); and

                   WHEREAS, a visual inspection of said property has revealed that the complaint is valid in that there is excessive debris on the property; and

                   WHEREAS, Resolution G-8707 provides that the Board of Trustees of Symmes Township, Hamilton County, Ohio, may at its discretion order the abatement vegetation and other debris from land in the Township; and

                   WHEREAS, Resolution G-8707 provides that should such vegetation and other debris not be abated, the Board of Trustees of Symmes Township, Hamilton County, Ohio, will provide for the abatement and any expenses incurred by the Township in performing such task shall be a lien upon the land if not paid by the property owner.

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

               Section 1.  Hereby invokes Resolution G-8707 against parcel #620-0170-0107 - 9237 Solon Drive.

               Section 2.           Hereby directs the Township Administrator to notify the property owner, Margaret Sulfsted, to clean the property and abate the nuisance.

               Section 3.  Hereby directs the Township Fiscal Officer to pay out of the Township general fund for all expenses incurred for the removal of the debris and to bill the property owners for said expenses.

               Section 4.  Hereby directs the Township Fiscal Officer to enter upon the tax duplicate for said expenses if not paid within fourteen (14) days from date of billing.

MR. BECK seconded the motion.

MR. BECKMAN presented the Board with pictures showing the condition of this property and advised that the property owner has been contacted.

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 $2,500.00 for the clean-up of this nuisance.  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 accept the notice of retirement from Jerome Brinkman, Road Foreman, effective August 31, 2009.  Mr. Beck seconded the motion.

MR. BECKMAN stated that Mr. Brinkman has done a great job for the Township for the past nineteen years and he will be missed.

The Board agreed that Mr. Brinkman will be missed.

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

MR. BECKMAN advised that the following bids were received for the 2009 Re-surfacing Project:
               J.K. Meurer                   $406,298.50
               Schumacher Dugan  425,635.47
               Adelta Construction       402,263.75
               Mt. Pleasant Blacktop     445,338.55
               Barrett Paving     445,008.07
               Prus Construction       441,266.60
               Jurgenson Inc.          416,900.45

Mr. Beckman advised that Staff has reviewed these bids and recommended that Adelta Construction be awarded the bid.  Mr. Beckman noted that the in-house cost estimate for this project was $452,803.11.

MR. BRYANT moved to award the 2009 Re-surfacing Project to Adelta Construction and to approve an expenditure in the amount of $402,263.75 for said work.  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 authorize the Township Administrator to renew Township's liability insurance with OTARMA.  Mrs. Wagner seconded the motion.

MR. BECKMAN advised the Township's insurance cost decreased by approximately by $9,000.00

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

MR. BRYANT moved to approve Change Order #12 (to be applied against the allowance) in the amount of $1,045.04 for Meade Project for additional cost of inspections by MSD.  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 the following:
                   a.      Expenditure in the amount of $6,760.00 for tap in fees for Meade House and park restrooms
                   b.      Expenditure in the amount of $1,291.82 for purchase of two scoop stretchers for M60/M61
                   c.      Expenditure (Then & Now) in the amount of $880.97 for repairs for T-206
                   d.      Expenditure in the amount of $3,501.90 for tree spray programs for the cemeteries, Symmes Park and Safety Center
                   e.      Expenditure in the amount of $2,985.00 for purchase of fifteen (15) 50' sections of hose
                   f.      Expenditure in the amount of $4,300.00 for blacktopping of driveway apron into Meadow at Symmes Park
                   g.      Expenditure in the amount of $3,105.00 for purchase of various small hand tools for T61
                   h.      Expenditure (Then & Now) in the amount of $3,400.00 for installation of underground wire to bridge in Symmes Park
                   i.      Expenditure in the amount of $912.50 for the purchase of plastic fire helmets for public education purposes
                   j.      Expenditure (Then & Now) in the amount of $5,963.21 for publication and distribution of spring newsletter
                   k.      Expenditure (Then & Now) in the amount of $1,075.00 for field inspection by Hamilton County Public Works Department on Meade project
                   l.      Expenditure in an amount not to exceed $25,000.00 for the purchase of 2009 pick-up truck
                   m.      Expenditure in an amount not to exceed $35,000.00 (with trade-in) for the purchase of new utility truck
                   n.      Expenditure in an amount not to exceed $5,000.00 for emergency repairs to fire ladder truck
                   o.      Expenditure (Then & Now) in the amount of $915.00 for annual SCBA testing     
Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

The meeting adjourned at 8:50 p.m.

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