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MINUTES OF
SYMMES TOWNSHIP TRUSTEES
REGULAR MEETING
MAY 5, 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; Lt. Dan Reid - Hamilton County Sheriff's Department; Otto Huber - Chief, Loveland Symmes Fire Department.

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Presentations

CHIEF OTTO HUBER thanked the Board for allowing the fire department to recognize two new firefighters and two promoted members.

Chief Huber introduced Rev. Bill Hounshell who will become the official fire chaplain for the fire department and Chip Poppe who was promoted from the lieutenant rank to captain.

Chief Huber also introduced Capt. Josh Bloom and Firefighter Matt Stelle who have recently joined the fire department.

All four were sworn into the fire department and family members were invited to pin their firefighter by Mr. Bryant.

Mr. Bryant recognized Chief Otto Huber for his graduation from the Ohio Fire Executive Program at Ohio State University's Fischer College of Business.

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Receipts
Receipts totaling $108,994.36 were read and accepted.
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Warrants

Mr. Bryant moved that the Township pay its bills.  Mr. Beck seconded the motion and all voted 'aye'. Proper certification having been made, warrants totaling $543,226.72 were issued.

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Reports

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

1.  MASTER PLAN - Advised that adoption of this plan will be at the next meeting in order to allow for various corrections to be made.

2.  FLOWER SHOW - Reported that he will be meeting with representatives from the Cincinnati Horticultural Society to evaluate the recent Flower Show. 

MR. BRYANT noted that the contract provides for a meeting within sixty (60) days and suggested the Board set the date at the June meeting.  The Board had no objection.

3.  SPECIAL MEETING - Requested the Board hold a special meeting on May 21 for the purpose of establishing a bid opening date for the Humphrey Road Sidewalk project.

4.  MONTGOMERY ROAD - Advised that Mr. Bryant has requested a status report on the Montgomery Road medians which was discussed several years ago.  This is a state road and not under the Township's jurisdiction.  The State denied the Township's request in 2006.  Mr. Beckman reviewed the plan presented by Great Traditions to install bricks and landscaping which has not been completed at this time.  Mr. Beckman questioned if this is what the Board wishes for the median.

MR. BRYANT stated he would like to have more detail before approving since the Board discussed extending that plan to other medians on Montgomery Road.  The other medians will be part of the final phase. 

Mr. Bryant further stated he was willing to approve the plan for Vintage Club as they will be installing and maintaining that median, but was not willing to use that plan for the other medians in the Township.

MR. BECKMAN advised the Board has time to make a decision.

The Board had no objection to the plan for the Vintage Club median.

LT. REID -  Announced that a hand-held radar class is scheduled for June 1 at 6:00 p.m. at the Safety Center.

CHIEF HUBER -  Advised that the fire department has received reimbursement from FEMA for Hurricane Ike for the overtime labor and equipment usage.  This amount will be divided equally between Symmes Township and the City of Loveland.

OTHER -  MR. BORCHERS announced that the Finance & Audit Committee will be meeting on May 19 at 7:00 p.m. to review park funding.

Mr. Borchers advised that he and Mr. Beckman have met with the Rozzi Park architect and have a partial agreement on the agenda for approval by the Board.

MR. BECKMAN announced the Ad Hoc Park Expansion Committee will be meeting on May 27 at 6:30 p.m. at the Rozzi Park property for a walk.

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Hearing from Residents

ROB SPECKERT, 8395 PATRILLA LANE expressed his and other neighbors' concern about the condition of property at 8382 Patrilla Lane.  This is the same property that the Township recently cleaned.  Mr. Speckert presented pictures to the Board showing that this property continues to deteriorate and that additional material is being stored.  It is felt that this parcel has lowered all the property values within the neighborhood.  Mr. Speckert stated that he has spoken with the tenant and the property owner to express these many concerns. 

MR. BRYANT advised that the Township has cleaned up this property twice.  There are guidelines which the Township must follow.  Mr. Bryant stated that the Board is sensitive to this situation and will discuss this with the Law Director as there is legal action being considered.

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Correspondence

SYMMES FIRE - April report.

M/M MITCHELL - e-mail regarding Humphrey sidewalk project.

JACOBS - e-mail regarding Humphrey sidewalk project.

DUKE ENERGY - Informational data regarding aggregation.

CITY OF CINTI - e-mail regarding recent salt bid.

KRISTEN WINTER - e-mail regarding traffic concerns on Thistlehill.

cc:COMMUNITY DEV to SCHOOL DISTRICTS - e-mail regarding CRA for Loveland Madeira Corridor.

cc:WOOD & LAMPING to KEATING MUETHING - Letter regarding illegal activity at the castle.

PECK SHAFFER - Original set of closing documents for Park Bond.

DON NUNNEKER, 11661 SYMMES CREEK - e-mail regarding recent tornado remembrance ceremony.

JOHN RIESTER - e-mail regarding safety issue on Cypresswood.

cc:CHESTER WILCOX to CLARK SCHAEFER - Response to audit letter.

KEVIN McMURRAY - e-mail regarding Rozzi park.

MIAMI TWP - e-mail regarding use of equipment for Flower Show.

WOOD & LAMPING - e-mail regarding appeal filed by John Meyer.

McBRIDE DALE - Letter regarding proposed changes at Harpers Station.

cc:WOOD & LAMPING to KEATING MUETHING - Letter regarding Chateau LaRoche.

COURT OF COMMON PLEASA - Notice of Dismissal of claim filed by John Meyer.

SYMMES FIRE - Memo regarding CAD System maintenance support.

SYMMES FIRE - Activity reports for February and March, 2009.

WKRC - e-mail inquiry about future park levy.

INTEGRITY FENCE - Proposal for Blong Park.

REGIONAL PLANNING - Letter regarding adoption of Township Land Use Plan.

M/M COOMAN, 11643 RICH RD - e-mail regarding excessive noise.

MILLS FENCE - Proposal for Blong Park.                       

MARGARET SULFSTED - Response to nuisance letter for property at 9237 Solon Drive.

cc:CHESTER WILCOX to CLARK SCHAEFER - Response to audit letter.                      

JACK LUERS - e-mail regarding excessive auto accidents on E. Kemper Road.
OHIO DEPARTMENT OF LIQUOR CONTROL - Notice of new liquor license for Remington Tavern Inc., dba Remington Tavern, 8892 Glendale Milford Rd, Loveland, OH 45140.    

cc:MSD to REGIONAL PLANNING - Letter regarding review of Symmes Run Subdivision plans.

PERKINS/CARMACK - Change Orders #13 and #14 and Township's dispute of proposal.

M/M GODDARD - Park name suggestion.

WOOD & LAMPING - e-mail regarding easements for Humphrey sidewalks.

OTA - e-mail regarding Swine Flu issue.

CAREWORKS - 1st Quarter 2009 report.

WOOD & LAMPING - e-mail regarding Rozzi VAP.

SYMMES FIRE - e-mail regarding resignation by Matt Rose.

KLEINGERS & ASSOC - e-mail regarding change order for Meade project.

H.C. NUTTING - Proposal for geotechnical consulting services for headwall projects.

LT. REID - e-mail regarding damage to Car #92.

OCE NORTH AMERICA - e-mail public request for copies of lease contracts and or maintenance agreements.

cc:JOHN BORCHERS to McGILL SMITH - e-mail regarding proposed contract.

BUILDING DEPT - Certificate of use for Flower Show.

OHIO DEPARTMENT OF LIQUOR CONTROL - Notice of liquor license transfer from Kyoto Japanese Cuisine, Inc., dba Kyota Japanese Cuisine, 12082 Montgomery Road, Unit A, (45249) to Kyoto 88 Inc., dba Kyota Japanese Cuisine, 12082 Montgomery Road, Unit A, (45249)

cc:KEATING MUETHING to WOOD & LAMPING - e-mail regarding Sanders billboard.

McBRIDE DALE - e-mail regarding recent changes to Master Plan.

OHIO CITIZEN ACTION - Request for solicitation.      

PAYNE FIRM - e-mail regarding Rozzi burn pit.

McGILL SMITH - Agreement for services for Rozzi park.

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Old Business

MR. BRYANT advised he reviewed the revised Master Plan text and noted there are some changes that are needed to be made.  Mr. Bryant stated he has met with the consultant to discuss and review these items for correction.  The consultant will provide a new draft for review by the Board before the June meeting. 

MR. BECKMAN reminded the Board that he was instructed to prepare two resolutions - one for natural gas aggregation and one for electric aggregation.  These have been reviewed by the Law Director and passage will permit these two issues to be on the November ballot.

MR. BRYANT stated that more communities are looking into aggregation and that he would like to have these issues placed on the ballot, which if passed by the residents, would permit the Board to enter into negotiations.

MR. BECK stated other communities have entered into aggregation agreements and this is the first step in the process.  Residents will need to be educated on these issues.

MR. BRYANT questioned if the Board was willing to consider these resolutions tonight.

MRS. WAGNER indicated that she wished to table the resolutions in order to study the issue further.

The Board agreed to table further discussions to the June meeting.

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New Business

MR. BRYANT moved to authorize the Township Administrator to enter into an agreement with the Payne Firm to provide for the monitoring of the groundwater in conjunction with the removal of the burn pit material and to approve an expenditure in an amount not to exceed $30,000.00 for said services.  Mr. Beck seconded the motion.

MR. MALLOY stated this agreement has been reviewed and recommended approval. 

MR. BECKMAN noted that this work will begin on May 18 and should take approximately three days.

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-0914

Resolution Providing for the Abatement of
  Vegetation and Other Debris from
  Property Located at 11676 Windy Hill Court

                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 11676 Windy Hill Court (Parcel 620-0060-0165); and

                WHEREAS, a visual inspection of said property has revealed that the complaint is valid in that miscellaneous junk and debris are bring stored; and

                WHEREAS, Resolution G-8707 provides that the Board of Trustees of Symmes Township, Hamilton County, Ohio, may at its discretion order the abatement of 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 #620-0060-0165 - 11676 Windy Hill Court.

                Section 2.           Hereby directs the Township Administrator to notify the property owner, First American Real Estate Tax Service, 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 vegetation and other 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 of this property and advised that the owner has been contacted.

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

MR. BRYANT moved to amend:
             a.          Permament Appropriation 12-A-08B (Park-Rozzi - Other) from $326,000.00 to $324,000.00
             b.          Permament Appropriation 10-A-10 (Fire - Repairs) from $20,000.00 to $28,500.00
             c.          Permament Appropriation 1-B-7 (General - Repairs) from $20,000.00 to $21,750.00
             d.          Permament Appropriation 3-B-2 (Gasoline Tax - Material) from $74,000.00 to $75,000.00
             e.          Permament Appropriation 1-M-4 (General - Other Expenses) from $35,000.00 to $36,800.00
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 enter into an agreement with H.C. Nutting to prepare a geotechnical report for the headwall projects and to approve an expenditure in an amount not to exceed $1,800.00 for said services.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

Mr. Bryant moved to authorize the Township Administrator to enter into an agreement with McGill Smith Punshon, Inc. for professional services for planning workshop/design charette for the Rozzi park and to approve an expenditure in an amount not to exceed $3,800.00 for said services.  Mr. Beck seconded the motion.

MR. BORCHERS explained this agreement will permit the architect to start on the design phase.  Another agreement is being discussed which would include all other phases.

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

Mr. Bryant moved to approve (Then & Now) Change Order #2 (from the allowance) for the building permit for the Meade Park project in the amount of $1,706.88.  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 (Then & Now) Change Order #3 (from the allowance) for the water tap fee for the Meade Park project in the amount of $6,162.65.  Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

Mr. Bryant moved to approve Change Order #13 (partial) (from the allowance) for asphalt design change at bus turn around for the Meade Park project in the amount of $2,248.93.  Mr. Beck seconded the motion.

MR. BECKMAN advised that this work is necessary in order to further compact the area for this turn around.  Mr. Beckman stated he made a decision to reverse the amount of gravel and asphalt in this area in order to eliminate any problems in the future.

MR. BRYANT questioned if Mr. Beckman felt he was knowledgeable enough to make that decision.

MR. BECKMAN stated the decision was based on recommendations from the Road Foreman and Thelen Associates.

MR. BECK stated he would like to see an opinion from Kleingers & Associates regarding this change in the sub-grade since it was their design.  Mr. Beck noted it would be good to have this opinion for the file.

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

Mr. Bryant moved to approve Change Order #A (partial) for the Meade Park Project for asphalt design change at bus turn around in the amount of $1,402.12.  Mrs. Wagner seconded the motion.

MR. BECKMAN noted this relates to Change Order #13; however, this partial amount exceeded the allowance and therefore it is being considered as a separate item as this will be a change in the contract amount.

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

Mr. Bryant moved to approve:
                a.          Expenditure (Then & Now) in the amount of $1,419.44 for placement of help wanted ad
                b.          Expenditure (Then & Now) in the amount of $1,779.39 for upgrade to Township radios
                c.          Additional expenditure (Then & Now) in the amount of $8,524.75 for emergency repairs to ladder truck T31
                d.          Expenditure in the amount of $1,198.32 for annual CAD system maintenance/support agreement
                e.          Expenditure (Then & Now) in the amount of $1,020.00 for signage for Flower Show
                f.          Expenditure in the amount of $49,608.00 for purchase of road salt from North American Salt Company
                g.          Expenditure in the amount of $46,410.00 for purchase of road salt from Cargill Company
                h.          Additional expenditure (Then & Now) in the amount of $1,800.00 for consultant services on Meade Park project
                i.          Expenditure in an amount not to exceed $1,000.00 for plow blade frame repair on T205
                j.          Expenditure in an amount not to exceed $8,000.00 for publication and distribution of Summer newsletter
             k.          Expenditure in the amount of $900.00 for purchase of paper supplies for park use
             l.          Expenditure in the amount of $1,850.00 for purchase of mulch for Township parks
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 sign a 2010 Census Partnership Agreement Form.  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 hire Richard Rose, 1948 Main Street, Goshen (45122) as intermittent employee effective May 6, 2009 at an hourly rate of $11.21.  Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

The Board had no objection to the new liquor license for Remington Tavern Inc., dba Remington Tavern, 8892 Glendale Milford Rd, Loveland, OH 45140.

The Board had no objection to the liquor license transfer from Kyoto Japanese Cuisine, Inc., dba Kyoto Japanese Cuisine, 12082 Montgomery Road, Unit A, (45249) to Kyoto 88 Inc., dba Kyota Japanese Cuisine, 12082 Montgomery Road, Unit A, (45249).

The following cemetery deed was approved:
 - Becky Peters - Kerr Cemetery, Lot 509, Grave 7

MR. BRYANT moved to hold a Special Meeting on May 21, 2009 at 7: 00 p.m. for the purpose of discussing the Humphrey Road Sidewalk Project.  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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Executive Session

Mr. Bryant moved that the Board enter Executive Session 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 9:08 p.m.

The meeting reconvened from Executive Session at 10:14 p.m.

No further action was taken and the meeting adjourned at 10:14 p.m.

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