MR. MINAMYER moved to adopt the following resolution:
RESOLUTION G-0715
Resolution to Establish a Special Events Committee
WHEREAS, the Board of Trustees of Symmes Township recognizes the valuable resources available to it through the commitment of the citizens of Symmes Township to volunteer their time, experience and expertise as members on various committees previously established by the Board of Trustees; and
WHEREAS, the Symmes Township Board of Trustees has determined that the Township will be more efficiently and effectively served by the establishment of certain committees established from time to time by the Board of Trustees to investigate and to make recommendations concerning specific projects and issues to be considered by the Board of Trustees; and
WHEREAS, the Symmes Township Board of Trustees is vested by the statutes of the Ohio Revised Code with the sole decision-making authority on behalf of the Township, subject to the power of the electorate exercised by initiative or referendum; and
WHEREAS, the Board of Trustees recognizes the talents and efforts contributed to the Township by its citizen volunteers; and
WHEREAS, the Board of Trustees has determined the desirability of focusing the energy and resources of its citizen volunteers to provide, from time to time, recommendations to the Board of Trustees regarding specific proposed projects or issues by the creation committees as needed.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of Symmes Township, Hamilton County, Ohio: that
Section 1. The Symmes Township Board of Trustees hereby establishes a Special Events Committee.
Section 2. The purpose of this Special Events Committee shall be to gather information and make recommendations for special events to be held for the benefit of the residents of Symmes Township to the Symmes Township Board of Trustees.
Section 3. It shall be the responsibility of this Special Events Committee to plan, coordinate and operate these special events.
Section 4. Symmes Township personal under the supervision of the Township Administrator or other designated township supervisor may be used to assist in the operation of a special event when authorized by the Symmes Township Board of Trustees.
Section 5. The Symmes Township Board of Trustees will determine the funds to be allocated for these special events based on the recommendations of the Special Events Committee.
Section 6. This Special Events Committee shall consist of seven (7) voting members and one Township Trustee who shall serve as liaison to the Board of Trustees.
Section 7. This Special Events Committee shall commence its operation as of the date of this resolution.
Section 8. This Special Events Committee operates under the direction of the Board of Trustees and shall be dissolved upon the passing of an appropriate resolution by the said Trustees.
Mrs. Wagner seconded the motion.
Mr. Minamyer noted that the Board needs to decide the number on the committee.
MRS. WAGNER stated she felt there should be seven (7) on the committee due to the number of events.
MR. BRYANT questioned why this committee is being formed at this time.
MR. MINAMYER stated the Township has just completed one event and there are other events coming up and this committee would be in charge of the events.
MR. BRYANT stated he was confused since the title is for a recreational committee.
MRS. WAGNER questioned if this committee would handle field assignments.
MR. BECKMAN noted that the resolution outlines the responsibilities of this committee.
MR. BRYANT stated he would like to name this committee something else than recreational committee and suggested it be called a special events committee.
MR. MINAMYER moved to amend the resolution to reflect seven (7) members on the committee and to change to title to special events committee. Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
The roll call vote on the resolution as amended was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
MR. MINAMYER moved to adopt the following resolution:
RESOLUTION G-0716
Resolution Providing for the Abatement of
Vegetation and other Debris from
Property Located at 11554 Enyart Road
WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio is authorized under Ohio Revised Code Section 505.87 to provide for the abatement, control, or removal of vegetation, garbage, refuse and other debris from land in the township, if the Board determines that the owner’s maintenance of such vegetation, garbage, refuse, and other debris constitutes a nuisance; and
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 11554 Enyart Road (Parcel 620-0180-0202); and
WHEREAS, a visual inspection of said property revealed that the property owner was storing building material, junk and other debris on the property; and
WHEREAS, the Hamilton County Department of Building Inspections on April 21, 2006 issued a Field Order directing the property owner to obtain a building permit for adding soffits, overhangs and domers by May 10, 2006; and
WHEREAS, a visual inspection of said property on or about September 2006 by the Hamilton County Department of Building Inspections revealed building material, junk and other debris were still stored on the property but no permits had been obtained; and
WHEREAS, The Hamilton County Department of Building Inspections on March 19, 2007 issued another Official Building Order directing the property owner to obtain a building permit for adding soffits, overhangs and domers; and
WHEREAS, a visual inspection of said property by Township employees on or about March 28, 2007 revealed stored building material, junk and other debris still present on the property and no building permit has been obtained; and
WHEREAS, this inspection of the property verifies that the complaint is valid in that miscellaneous junk and other debris are being stored on the property; and
WHEREAS, R.C. Section 505.87(B) requires that at least seven days before providing for the abatement, control or removal of any vegetation, garbage, refuse, or debris, the board of township trustees must notify the owner of the land and any holders of liens of record upon the land that:
1. The owner is ordered to abate, control, or remove the vegetation, garbage, refuse, or other debris, the owner’s maintenance of which has been determined by the board to be a nuisance;
2. If such vegetation, garbage, refuse or debris is not abated, controlled, or removed, or if provision for its abatement, control, or removal is not made, within seven days, the board shall provide for the abatement, control, or removal, and any expenses incurred by the board in performing that task shall be entered upon the tax duplicate and become a lien upon the land from the date of entry.
WHEREAS, R.C. Section 505.87(B) also requires that the board shall send the notice to the owner of the land by certified mail if the owner is a resident of the township or is a nonresident whose address is known, and by certified mail to lienholders, of record; alternatively, if the owner is a resident of the township or is a nonresident whose address in known, the board may give notice to the owner by causing any of its agents or employees to post the notice on the principal structure on the land and to photograph that posted notice with a camera capable of recording the date of the photograph on it. If the owner’s address is unknown and cannot reasonably be obtained, it is sufficient to publish the notice once in a newspaper of general circulation in the township; and
WHEREAS, a letter was sent to Harvey H. Bodley of 11554 Enyart Road advising him that the failure to remove the said vegetation and other debris would result in a request for the Symmes Township Board of Trustees to declare the property a nuisance at their April 10, 2007 meeting; and
WHEREAS, Resolution G-8707 and R.C. Section 505.87(C) provides that the Board of Trustees of Symmes Township, Hamilton County, Ohio, can provide for the abatement, control, or removal and may employ the necessary labor, materials, and equipment to perform the task with all expenses being paid after board approval out of the township general fund from moneys not otherwise appropriated; and
WHEREAS, R.C. Section 505.87 (D), provides that the board of township trustees shall make a written report to the county auditor of the board’s action under this resolution. The board shall include in the report a statement of all expenses incurred in providing for the abatement, control, or removal of any vegetation, garbage, refuse, or debris including the board’s charges for its services, notification, the amount paid for the labor, materials, and equipment, and a proper description of the premises; and
WHEREAS, R.C. Section 505.87(D) also provides that the expenses incurred, when allowed, shall be entered upon the tax duplicate, are a lien upon the land from the date of the entry, and shall be collected as other taxes and returned to the township and placed in the township general fund; 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 and R.C. Section 505.87 against parcel #620-0180-0202 – 11554 Enyart Road.
Section 2. Hereby directs the Township Administrator to notify the property owner, Harvey H. Bodley, and any lien holders of record upon said parcel to clean the property and abate the nuisance using notice language and manner of notice specified in R.C. Section 505.87 and this resolution.
Section 3. Hereby directs the Township Fiscal Officer to pay out of the Township general fund for all expenses incurred for the removal of vegetation and other debris including the board’s charges for its services, notification, the amount paid for the labor, materials, and equipment and to bill the property owners for said expenses.
Section 4. Hereby directs the Township Fiscal Officer to make a written report to the county auditor of the board’s action under this resolution. The Township Fiscal Officer shall include in the report a statement of all expenses incurred in providing for the abatement, control, or removal of any vegetation, garbage, refuse, or debris, including the board’s charges for its services, notification, the amount paid for the labor, materials, and equipment, and a proper description of the premises. The Township Fiscal Officer is directed to ensure that the expenses incurred, when allowed, shall be entered upon the tax duplicate, are a lien upon the land from the date of the entry, and shall be collected as other taxes and returned to the township and placed in the township general fund.
Mr. Bryant seconded the motion.
MR. BECKMAN presented pictures of the subject property and reviewed the status of the conditions found by Staff. Mr. Beckman noted that the property owner had been invited to this meeting.
The roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to adopt the following resolution:
RESOLUTION G-0717
Resolution Authorizing and Directing Approval
of Addendum No. 1 to the Contract to Purchase
Between the Board of Trustees of Symmes Township
and Nxfaze Unlimited, Inc.
WHEREAS, the Board of Trustees of Symmes Township has entered into a Contract for the sale of certain property, Parcel Nos. 620-202-56 to Nxfaze Unlimited, Inc.; and
WHEREAS, the Purchaser of said property has requested approval of an Addendum to modify certain dates related to the contingencies and the closing; and
WHEREAS, the modifications requested are reasonable and modest.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Symmes Township, Hamilton County, Ohio:
Section 1. The Addendum No. 1 attached hereto as Exhibit A is hereby approved and accepted. All terms of the Contract not specifically amended shall remain the same.
Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to award the 2007 Resurfacing Project to Brothers Paving, 9860 Davis Road, Loveland, OH 45140 and to approve an expenditure in the amount of $203,586.44 for said project. Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to authorize the Hamilton County Board of Elections to utilize Symmes Park in 2007 for the distribution of election materials. Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer moved to hire Justin Thompson, 9882 Cozaddale Murdock Road (45140) as part-time seasonal employee at an hourly rate of $10.37 effective April 11, 2007 through October 15, 2007. Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.
Mr. Minamyer noted that information has been received from a property owner on Symmes Valley Drive who is being affected by the Montgomery Road Widening Project.
MR. BRYANT stated he was going to excused himself from this discussion as he is an abutting property owner along Montgomery Road. The Board had no objection.
MR. MINAMYER advised he visited the subject property and it appears the problem could be solved by re-locating the roadway to the west. This would not affect another homeowner, but would impact the Township park. A meeting with ODOT was held Monday at the site. It does appear that there needs to be some compensation paid to Mr. Zerhusen due to the closeness of the new road location. Mr. Zerhusen has questioned if the roadway could not be re-located in order to minimize the impact to his house. ODOT has advised this could be done for $85,000.
STEVE ZERHUSEN, 11721 SYMMESVALLEY DRIVE - Presented a plan which reflected the proposed new location of the road. This plan reflected that the road could be moved seventeen (17) feet to the west.
KENNETH BRYANT, 8690 CALUMET WAY - Advised that ODOT is taking twenty-three (23) feet of his property and they would not consider moving any portion of the roadway to the opposite side. Mr. Bryant noted that Seven Gables Park has been determined to be a sufficient park and a permament easement has already been granted.
MRS. WAGNER stated the Board decided to take property from the park side rather than the historical property.
MR. BRYANT stated he has reconciled himself to having to give up property and now it appears ODOT is willing to make a change in the road location in the same area.
MR. ZERHUSEN stated his driveway will be six (6) feet below the road grade and there will be trucks right by his house.
MR. MINAMYER stated there are differences between these two situations and he is uncertain if there is enough difference to justify assisting Mr. Zerhusen and not Mr. Bryant.
MR. BRYANT stated, as a resident, he could support helping Mr. Zerhusen as long as it did not impact Seven Gables Park property.
MR. ZERHUSEN stated that ODOT has indicated they would be willing to consider this change and requested the Board to support his request.
MR. MINAMYER advised he would be willing to meet with ODOT to review Mr. Bryant's situation as he did with Mr. Zerhusen. Mr. Minamyer stated it appears that Mr. Zerhusen is requesting the Board to write a letter to ODOT encouraging them to re-locate the roadway as per his proposal.
MR. MINAMYER moved to direct the Township Administrator to prepare a letter, with the assistance of the Board President, to ODOT urging them to adopt Mr. Zerhusen's proposal of re-locating the roadway to the west. Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'abstain'.
MR. MINAMYER moved to approve:
a. Expenditure in the amount of $7,995.00 for purchase of thermal imaging camera for Symmes Fire Department
b. Expenditure (Then & Now) in an amount not to exceed $3,900.00 for containers for storm damage debris
c. Expenditure (Then & Now) in an amount not to exceed $3,000.00 for dumping of storm damage debris
d. Expenditure in the amount of $1,440.00 for service contract for two heart monitors for Symmes Fire Department
e. Expenditure (Then & Now) in the amount of $1,200.00 for web redesign
f. Expenditure (Then & Now) in the amount of $4,364.00 for July 2006 zoning services with Hamilton County
g. Expenditure (Then & Now) in the amount of $4,103.00 for September 2006 zoning services with Hamilton County
h. Expenditure in an amount not to exceed $2,000.00 for consultant's court appearance for Lebanon Road sidewalk
i. Expenditure in the amount of $14,350.00 for survey and design of additional parking lot at the Safety Center and authorization for the Township Administrator to enter into an agreement with Kleingers & Assoc. for said services
j. Expenditure in an amount not to exceed $400.00 for expenses for SW Ohio Township Administrators' luncheon meeting in June
k. Expenditure in an amount not to exceed $1,000.00 for testing services for 2007 Resurfacing Project and authorization for the Township Administrator to enter into an agreement with Thelen Assoc. for said services
l. Expenditure in an amount not to exceed $8,000.00 for the publication and distribution of Township newsletter
m. Expenditure in an amount not to exceed $500.00 for the insertion of Master Plan material into Township newsletter
n. Expenditure in an amount not to exceed $4,250.00 for CAAS Ambulance Reaccreditation
o. Expenditure (Then & Now) in the amount of $1,250.00 for flush vacuum cleaning storm pipes located in Morganstrace
p. Expenditure in the amount of $5,873.00 for powerwashing of shelters at Hopewell Park
q. Expenditure in an amount not to exceed $1,200.00 for purchase of mulch for parks
r. Expenditure in an amount not to exceed $3,000.00 for grill repairs at Symmes Park
s. Additional expenditure in the amount of $2,975.00 from the Cemetery Bequest Fund for completion of the masonry repair work on the spillways in Union Cemetery
The Board had no objection to the new liquor license for Boyer & Boyer, LLC., dba Little Miami River Wines, 10490 Loveland Madeira (45140).
The meeting adjourned at 8:55 p.m.
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