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MINUTES OF
SYMMES TOWNSHIP TRUSTEES
REGULAR MEETING
JUNE 3, 2008

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

Opening | Receipts | Warrants | Reports | Hearing from Residents | Correspondence |
| Old Business | New Business | Executive Session

Opening

The meeting was called to order at 7:03 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.

MR. BORCHERS requested the agenda be amended to include action to rescind Resolution G-0819 and to amend Permament Appropriation 1-A-21.  Mrs. Wagner moved to approve the agenda with the above changes. 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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Receipts
Receipts totaling $522,009.96 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 $744,097.48 were issued.

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Reports

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

1.  TOWNSHIP LOGO - Reported that Nathan Beck has requested permission to use the logo on his soap box derby car.

MR. BECK advised his son has chosen the theme of "School and Community".  The race is scheduled for June 30 in Cincinnati.

The Board had no objection to this request.     

LT. REID -  Presented the May activity report.

CHIEF HUBER -  Reminded the residents that Symmesfest is scheduled for June 13-14-15 and invited all to attend this annual event. 

Chief Huber reminded the Board that there is "no-open burning" permitted in the Township.  Chief Huber encouraged residents to go to the website to review information on this policy.

MR. BORCHERS questioned if the new fire truck has been received.

CHIEF HUBER advised it has been received and should be in service within three weeks once all the equipment is installed. 

OTHER -  MR. BRYANT reported on the May 7 meeting and May 14 Public Hearing of the Ad Hoc Master Plan Committee.  Mr. Bryant noted that all three Trustees were in attendance for these meetings.

 

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Hearing from Residents

C.J. CARR, Symmes Township Historical Society - Reported that the Ohio Facilities Cultural Commission approved a $100,000 grant for the Ross Family Log House Museum.  Mr. Carr presented the Board with the cost estimate for the reconstruction and advised the Society has raised the necessary funds to begin this project; however, are still seeking donations from residents and businesses.  Mr. Carr advised the Society plans to move forward the construction and requested approval of the plans, as provided in the lease agreement.

MR. BECKMAN updated the Board on meetings with the architect and representatives from the Society and Cincinnati Horticultural Society to develop the plans for the restroom and parking lot.  A meeting is scheduled for tomorrow at 10:30 a.m. to finalize these plans and invited the Board to attend.

ALAN WATSON, 9363 GREENHEDGE - Stated he received notice from the Township regarding the condition of his property.  Mr. Watson advised he is in the process of building a shed and cleaning up the area.

MR. BECKMAN stated he has visited the site and Mr. Watson is making an effort to resolve this matter.

MR. BRYANT stated the Board appreciated his commitment to resolve this issue and for following-up with the Township.

 

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Correspondence

MR. BRYANT questioned the memo received from the Ohio Historical Society regarding the status of the Meade House application. 

MR. BORCHERS retrieved the memo from the Correspondence File for Mr. Bryant's review.

MR. BRYANT noted that the memo indicates that the application is being reviewed and no action has been taken.

MSD - e-mail regarding notices of construction for Plumhill and Patrilla sewer project.

SHERIFF DEPT - March activity report.

OTA - Letter regarding open enrollment period for managed care organization.

COMMUNITY DEV - Invitation to participate in county development program.

DAVE TREMLAY - e-mail regarding community blood drive.

WARREN CTY - Fact sheet in I-71/Fields Ertel/Mason Montgomery project.

MONTGOMERY TRACE SUBDIVISION - Letter regarding sidewalk expansion plans.

KEN ADKINS - e-mail requesting update on Rozzi property.

DUKE - Letter and invoice for damage done at 9375 Greenhedge.

STEVE SAUNDERS, 11716 KEMPERWOODS (45249) - Letter regarding false alarm billings.

COUNTY AUDITOR - Notice of personal property tax refunds.
WARNER CABLE - 1st Quarter franchise fee payment ($46,009.56).

BSA TROOP 888 - Notification that Jeffrey Kamperman has obtained Eagle Scout rank.

RYLAND HOMES - Copy of survey for parcel to be donated to Symmes Township.

KATIE STRIKE - e-mail regarding Humphrey Road sidewalk plan.

ADAM COLEMAN - e-mail regarding proposed lights at Meade property.

VIOX - e-mail requesting purchase order information for jobs at the Safety Center.

PHIL SEIBERT - e-mail regarding traffic signal at W. Loveland and Lebanon Roads.

RUSS SPARKS - e-mail regarding Master Plan.

JIM RAISHART, DAIRY QUEEN - e-mail regarding business conditions.

RAINBOW - e-mail regarding asbestos testing.

IND. COMMISSION - Notice of appeal filed by Erwin Walker.

SEALED BIDS for SAFETY CENTER PARKING AREA received from:
a.  AC&E Advanced Contractors
b.  Plainville Equipment
c.  JK Meurer Corp.
d.  John Jurgensen
e.  Rose Excavating
f.  Hendy Inc.
g.  Mt. Pleasant Blacktopping
h.  Westside Paving
i.  Zilig Excavating

NANCY STEINBRINK - e-mail requesting information on leash laws.

SERVICE SUPPLY - Proposal for park repair parts.

HAMILTON COUNTY -  MAY permissive tax computation report ($1,764.75.)

ATKINS & STANG - Proposal for light shields at Blong Park.

McBRIDE DALE - e-mail response regarding grants for sidewalks.

cc:MSD to WYCO CONSULTING - Letter regarding conditional availability of sewer for 10945 Loveland Madeira Road.

DEPT OF COMMERCE - Letter regarding claim filed against Jeffrey Allen Corp.

JACOBS - e-mail response regarding grants for sidewalks.

DUKE - e-mail regarding cemetery easement.

MT PLEASANT BLACKTOP - Proposal for parking lot expansion.

HAMILTON CTY - Storm water fee synopsis.

ENGINEER'S OFFICE - e-mail regarding Hearthstone Estates subdivision.

KEN HEYL - Fax regarding demolition at 9448 Union Cemetery.

CTY DEVELOPMENT - Letter regarding CRA.

CTY ENVIRONMENTAL COMMISSION - Letter regarding Clean Ohio Bond issuance.

cc:MSD to McBRIDE DALE - Letter regarding conditional availability of sewer for 11336 Montgomery Road.

PASADENA - Proposal for demolition of 8871 Mayrow Drive.

cc:COUNTY ENGINEER to SPURGEON ECKARD, 8453 FIELDS ERTEL - Response to letter regarding Fields Ertel Corridor Study.

SHERIFF'S OFFICE - Letter of appreciation for use of Safety Center.

RELIANCE LIFE - Letter regarding renewal rate.

INDIAN HILL WATER - Memo regarding water quality report.

ODOT - e-mail regarding exit ramps.

BILL WAITE - e-mail response regarding 12109 Waters Edge.

JENNIFER WATTER - e-mail response regarding grants for sidewalks.

BHE ENVIRONMENTAL - e-mail regarding revised draft map of Rozzi property.

JACOBS - e-mail regarding Humphrey Road sidewalk project.

CHARLES BOYLL, 10080 MORGANSTRACE - Letter regarding complaint filed with Attorney General's Office for magazine solicitation.

JMA - Revised plans for Blong Park lighting.

RAINBOW - Proposal for removal and disposal of asbestos from 9783 Union Cemetery Road.

WOOD & LAMPING - e-mail regarding Duke cemetery easement.

WOOD & LAMPING - Memo regarding police agreement.

CTY DEVELOPMENT - e-mail regarding HIP program.

FRANK GATES - 2009 membership information.

RAINBOW - Asbestos report for 9783 Union Cemetery Rd and 8871 Mayrow Drive

PERSO -  Letters regarding status of claim filed by Midwest Media - closed and
Rebecca Collinsworth - closed

cc:MSD to RUMPKE - Letter regarding conditional availability of sewer for 10038 Adams Ave.

CINTI HORTICULTURAL - e-mail regarding news release for flower show in Symmes Township.

BARRY RUTENSCHROER - e-mail request for zoning information for 11590 Enyart Road.

SHERIFF'S OFFICE - e-mail regarding proposed agreement.

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Old Business

MRS. WAGNER moved to adopt the following resolution:

RESOLUTION G-0823
       Resolution Establishing a Symmes Township
      Community Reinvestment Area 2

              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 create a Community Reinvestment Area by implementing sections 3735.65 through 3735.70 of the Ohio Revised Code to designate “Symmes Township Community Reinvestment Area 2”; 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 2 constitutes a public purpose for which real property exemptions may be granted.

              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 2, 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, is hereby established in the following general area:
             
                         The approximate area for this CRA is bordered on the North by Fields Ertel Road beginning east of I71 continuing west to Stonebridge Way. 

                           The West is bordered by Governor’s Hill office complex, the Township’s Safety Service Center including Mayrow Drive, Weekly Lane, and Seven Gables.  The West border continues south on Montgomery Road including everything east of Blong Road.  The West border continues south, it includes the property known as Harpers Station continuing west to the Township’s corporation limit on Snider Road. Continuing south on Snider Road to the Township’s southern corporation limit. 

                           The South is bordered by the Township’s southern corporation limit. 
   
                           The East is bordered by Montgomery Road north including parcel # 620-0210-0013, the area’s known as Harper’s Point Apartments, Harper’s Point Shopping Center, Harper’s Point Racket Club, and the Glen Ridge Apartments.  Continuing north on Montgomery Road including the commercial areas on east side of the road up to Fields Ertel 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 2 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 2 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 2, 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, condominium developments, 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 2 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.

                  (e)       Fifty percent (50%) exemption for a period of ten (10) years for improvements to existing multi-family residential properties, with a market value cap of up to $100,000 and upon which the cost of remodeling is at least $5,000.

                         There shall be no exemptions for the construction of new multi-family residential properties.  Multi-family residential properties include any residential property, which contains two (2) to four (4) housing units. Any property containing in excess of four (4) housing units is to be classified as commercial.

                         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 2 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 2 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 2 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 2 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 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.

MR. BECK seconded the motion.

MR. BECKMAN stated the first reading of this resolution was at the last meeting.  Mr. Beckman advised he has met with the various school districts and explained the process for action by the Hamilton County Commissioners and State of Ohio. 

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

MR. BECKMAN advised a proposal has been received from Jacobs Engineering regarding the Humphrey Road sidewalk project. Mr. Beckman reminded the Board that this item was tabled from the last meeting so that all members would be present.
The proposal provides for two different options - Phase I would be from Liberty Hill to Mistymorn for a cost of $16,300.00 which would include an in-depth survey with field work or for a cost of $8,900.00 which would use CAGIS; Phase II would be from Mistymorn to Pinto Court for $5,800.00.

MR. BECK stated he would recommend Phase I, Option I as it is the Board's intention to pursue this project and this would permit the Township to utilize the work prepared.  Mr. Beck noted that Phase II would provide a professional opinion regarding the viability of this work.

MR. BRYANT agreed that this work would need to be completed before proceeding with Phase I.

MR. BECK moved to direct the Township Administrator to proceed with a contractual agreement with Jacobs, said agreement would incorporation Phase I, Option I and Phase II.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MRS. WAGNER questioned if the Board would like to again explore the possibility of gas aggregation for the Township. 

MR. BRYANT noted that Mr. Beck was not present for these presentations and recapped the information provided to the Board by a consultant and company.  Mr. Bryant explained the difference between "opt-in" and "opt-out" concepts.

MR. BORCHERS advised that the Board decided not to take any action at that time.

MR. BECK indicated that he would be interested in hearing a presentation regarding aggregation.

MR. BECKMAN questioned if the Board would like to have a representative at the next meeting.

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New Business

   MRS. WAGNER moved to amend Permament Appropriation 1-A-21 (General-Election Expense) from $15,000.00 to $40,000.00.  Mr. Bryant seconded the motion.

MR. BORCHERS noted that the 1st half tax settlement from the County Auditor reflected a higher cost for election expense and therefore this needs to be amended to reflect the actual amount.

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

MR. BORCHERS requested the Board to rescind Resolution G-0819.  This resolution provided for a temporary advance from the General Fund to the Lighting Assessment Fund.  Mr. Borchers advised that the tax settlement was received from the County Auditor and therefore the advance was not required.

MRS. WAGNER moved to rescind Resolution G-0819 as requested by the Fiscal Officer.  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 declare an emergency:

RESOLUTION G-0824
       Resolution Establishing and Implementing a Program to Charge
a User Fee for the Delivery of Emergency Fire Department
     Services for Vehicular Accidents and Declaring an Emergency

              WHEREAS, said ORC Section 505.84 authorizes boards of township trustees to establish reasonable charges for the use of fire and rescue services, ambulance services, or emergency medical services; and     

           

WHEREAS, by passage of Resolution G-0527 on December 6, 2005, a fee structure was established to cover the cost of services incurred by the Loveland Symmes Fire Department when the department responds to motor vehicle accident scenes; and

           

WHEREAS, service run activity to vehicle accidents continued to increase each year and new Home Security regulations, such as biological training and equipment, will create increased demands on all operations areas for the Loveland-Symmes Fire Department; and

           

                WHEREAS, the Loveland Symmes Fire Department has investigated different methods to maintain a high level of quality of emergency services throughout the times of constantly increasing service demands, where maintaining an effective response will decreased the liability of the insurance companies' cost by saving lives and minimizing vehicular damage by fire; and

                WHEREAS, raising the real property tax to meet the increase in service demands would not be fair to the property owners of Symmes Township, when the majority of Motor Vehicular Accidents (MVAs) involve individuals not owning property or paying property taxes in Symmes Township; and

                WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, desires to implement a fair and equitable procedure by which to collect said MVA fees from insurance companies and responsible parties and to establish a billing system in accordance with State and Federal laws, regulations and guidelines; and

                WHEREAS, it is necessary to adjust the rate schedule to substantiate costs per procedure in order to comply with industry standards.

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

                Section 1.The Loveland-Symmes Fire Department, on behalf of the Board of Trustees, shall initiate a user fee for the delivery of Emergency Fire Department Services.  The rate of the user fee shall be that which is usual, customary and reasonable (UCR) cost for the services, and may fluctuate accordingly.

                Section 2.The user fees shall be filed to the motor vehicle insurance representing an add-on-cost of the claim for damages of the vehicles, property and/or injuries.  The claim costs shall be filed to the insurance company of the owner of the vehicles, owner of property or responsible parties.

                Section 3.The Board of Trustees or its designees is hereby authorized to execute any and all documents and/or implement any and all procedures necessary to effectuate the collection of fees.

                Section 4.The fund shall be used for the payment of the costs of the management, maintenance, and operation of fire and rescue services, ambulance services, and emergency medical services in Symmes Township.

                Section 5.Upon the unanimous vote of the Symmes Township Trustees, this Resolution is hereby declared to be an emergency measure necessary for immediate preservation of the public peace, health, safety and welfare of Symmes

                 Township.  The reason for the emergency to provide for the immediate establishment of charges and collection of fees due the township for the above services.

              Section 6.This resolution shall take effect on the earliest date allowed by law.

MR. BRYANT seconded the motion.

MR. BECKMAN stated this resolution will amend the previously adopted fees.

CHIEF OTTO HUBER advised that the insurance companies are requesting itemized costs for this service.  This resolution will amend the fees in order to provide this information which should enable additional money to be collected.

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-0825 

   RESOLUTION AUTHORIZING ACCEPTANCE OF A DONATION OF
                THE INSTALLATION AND MAINTENANCE OF CERTAIN LIGHTING
FOR BLONG PARK

              WHEREAS, the Board of Township Trustees has improved Blong Park for the convenience and use of the public good; and

              WHEREAS,  the establishment of Blong Park, in part, recognizes the suffering endured by families and businesses who were subjected to the loss and hardships resulting from the ravages of a tornado; and

              WHEREAS, Blong Park represents the resilience and perseverance of families and businesses that have been subjected to personal and property loss but have recovered through their individual strength and the support of this community; and

              WHEREAS, Blong Park is a result of  the Joint Public Purpose Operating Agreement entered into between Symmes Township and Union  Savings Bank, which Agreement permits a sharing of the facilities of said park; and

              WHEREAS, Union Savings Bank has tendered the donation of certain low level lighting to enhance the safety of pedestrian access to and from the existing parking facility and the Union Savings Bank property to the south by persons, including employees and customers of Union Savings, as well as members of the public.

              WHEREAS, the board of Trustees of Symmes Township believes that the donation will benefit the citizens of the Township at no expense to taxpayers.

           

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

           

Section 1.The Board of Trustees of Symmes Township hereby consents to and accepts the donation of the installation of certain low level lighting as described on the specifications or as modified to the satisfaction of the Township Administrator to protect the residents. The acceptance of the donation is conditioned upon the understanding that Union Savings Bank, its successors and assigns, shall assume full responsibility of the cost of the installation, the cost of maintenance, and the cost of utilities for such lights. If at any time Union Savings Bank, its successors and assigns are unable or unwilling to bear said responsibility, it shall promptly remove all installed lighting and return Blong Park to the condition prior to said installation  Furthermore, as a condition of the acceptance of this donation, Union Savings Bank, its officials, employees and contractors shall coordinate the installation and any future maintenance of such lighting system with the Township Administrator.  The coordination is intended to assure that such installation or maintenance does not interrupt or disturb any planned activities scheduled for the use of Blong Park.  The acceptance is also conditioned upon returning the area disturbed by the installation to its original condition without undue delay.  The acceptance of this donation is also conditioned upon Union Savings Bank indemnifying and holding harmless Symmes Township against any action related to the installation and maintenance of said lighting brought against Symmes Township or in which Symmes Township is named as a defendant, including but not limited to actions based on contract or actions based in tort such as  for personal injury or property damage that may be caused by the officials, employees, contractors or other representatives of Union Savings Bank, its successors and assigns during the course of or as a result of the installation and maintenance of said lighting system The donation shall not be deemed accepted until Union Savings Bank executes this Resolution  below signifying its agreement to the above conditions signifying its agreement to the above conditions.

           

                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.

                Section 3.This Resolution shall take effect and be enforced from and after the earliest period allowed by law.

MR. BECK seconded the motion.

MR. BECKMAN advised that new plans have been received since the last meeting.  This is a request from Union Savings Bank to add additional lighting at the drive to Blong Park.  The new request is for five lights which are 12' in height and have been moved back towards the sidewalk.

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-0826

   RESOLUTION AUTHORIZING EXECUTION OF GRANT OF OVERHANG EASEMENT
               AND DISPENSING WITH SECOND READING

              WHEREAS, the Board of Township Trustees of Symmes Township, Hamilton County, Ohio, deems it necessary and in the best interest of the Township to grant an easement interest in certain property; and

              WHEREAS, the Board of Trustees has determined that it is necessary at this time to proceed with the grant of the easement in the real property hereinafter described in order to accomplish the goals for the public use of said property being the widening of Montgomery Road/US 22; and

              WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, has determined the necessity of granting an overhang easement to Duke Energy Ohio, Inc., over and across the property known as Parcel no. 620-0190-0021, the Union Cemetery property being 4.03 acres on the east side of Montgomery Road; and

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

              Section 1.That the Board of Trustees of Symmes Township hereby enters into a Grant of Overhang Easement substantially in the form set forth on Attachment “A” hereto. 

              Section 2.The purpose of said granting of interest in the real estate described herein above is for the public use, to-wit: For the purpose of the widening of Montgomery Road/US 22.

              Section 3.That 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 authorize 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. BECKMAN advised this is the result of negotiations with Duke regarding the distribution lines over Union Cemetery.  This easement provides for the removal of several trees for which Duke has reimbursed the Township the amount of $5,400.00.  The easement will not interfere with the Township's cemetery responsibility in this area. 

MR. BECK questioned if the Township would be able to replace these trees.

MR. BECKMAN stated any replacement trees would have to meet Duke's guidelines.

MS. SIMS questioned if Duke would be removing the stumps.

MR. BRYANT suggested that the Township Administrator discuss this issue with Duke.

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

MRS. WAGNER moved to approve a new agreement for police protection services with the Sheriff of Hamilton County.  Mr. Beck seconded the motion.

MR. BECKMAN advised that this is an amendment to the current agreement in order to provide clarification on several issues such as the adjustment for Lt. Reid's salary and items which are part of Sycamore and Columbia Townships' contracts.

MR. BORCHERS stated that this would be effective January 1, 2008 and be effective until 2011; however, there is a provision which provides for termination after a thirty day notice.

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

MR. BECKMAN advised the following bids were received and opened on May 15, 2008 for the parking lot expansion at the Safety Center:

Advanced Contractors & Engineers -   $105,444.20
Plainville Equipment -   $100,957.85
J.K. Meurer - $100,855.51
John Jurgensen Company - $139,869.00
Rose Excavating - $ 91,326.00
Hendy Inc. - $125,502.50
Mt. Pleasant Blacktopping - $ 88,635.60
Westside Paving - $ 98,435.00
 Zilig Excavating - $105,136.94

Mr. Beckman stated that Staff has reviewed these proposals and recommend that the Board accept the bid from Mt. Pleasant Blacktopping.

MR. BORCHERS stated that the Board will need to amend the appropriation before taking any action on this item.

MRS. WAGNER moved to amend Permament Appropriation 20-A-08 - Safety Levy-Other from $71,000.00 to $159,000.00.  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 accept the bid from Mt. Pleasant Blacktopping in the amount of $88,635.60 for the 2008 Safety Center Parking Lot Expansion project.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MR. BECKMAN advised the Community Development Block Grant Program comes from the State of Ohio to local communities through Hamilton County.  There are only two areas within the Township that qualify for this program - Camp Dennison and Twightwee neighbors.

Mr. Beckman stated the Township has utilized this program in the past for the drainage project in Camp Dennison.  However, due to concern about Section 8 housing being made part of the program, the Board chose to "opt out" the last six years.  Mr. Beckman advised that this issue is no longer under consideration and recommended that the Board now "opt in".

MR. BRYANT stated he felt the Board should make this program available to residents, especially since there is no cost to the Township.

MR. BRYANT moved that the Township elect to participate in the Community Development Block Grant Program.  Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

The Board directed the Township Administrator to place this information on the website and in a future newsletter to make residents aware of this program.

MR. BRYANT moved to direct the Township Administrator to enter into negotiations with the Cincinnati Horticultural Society for use of Symmes Park.  Mr. Beck seconded the motion.

MR. BECKMAN noted that the Board discussed this item in Executive Session regarding the lease with the Cincinnati Horticultural Society.

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

MRS. WAGNER moved to approve participation in the Workers' Compensation Group Rating Program with The Frank Gates Service Company and to approve an expenditure in the amount of $3,843.00 for said services.  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 the Township Administrator to enter into contract with Rainbow Environmental Services for removal and disposal of asbestos from 9783 Union Cemetery Road and to approve an expenditure in the amount of $350.00 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'.

Mrs. Wagner moved to approve:
              a.Expenditure in the amount of $1,627.51 for purchase of replacement playground equipment
              b.Expenditure (Then & Now) in the amount of $1,280.00 for the purchase of mulch for parks
              c.Expenditure in the amount of $1,280.00 for the purchase of mulch for the Administration Building, Safety Center and cemeteries
              d.Additional expenditure in the amount of $2,000.00 for Symmesfest
              e.Expenditure in the amount of $8,185.35 for the purchase of five (5) sets of turnout gear

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

The following cemetery deed was presented:
              - Bob Swaine - Kerr Cemetery, Lot 521, Grave 1

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Executive Session

Mrs. Wagner moved that the Board enter Executive Session to consider the purchase of real property .  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 8:21 p.m.

The meeting reconvened from Executive Session at 9:05 p.m.

The meeting adjourned at 9:05 p.m.

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