MRS. WAGNER moved to adopt the following resolution:
RESOLUTION G-0827
RESOLUTION TO ADOPT R.C. §505.871
TO PROVIDE FOR THE REMOVAL OF JUNK MOTOR VEHICLES LOCATED
WITHIN THE UNINCORPORATED AREAS OF SYMMES TOWNSHIP
WHEREAS, Ohio Revised Code §505.871 authorizes the Board of Trustees, Symmes Township to provide, by resolution, for the removal of any vehicle in the unincorporated territory of the township that the board determines is a junk motor vehicle, as defined in R.C. §505.173; and
WHEREAS, the Board believes that the 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 Ohio Revised Code §505.871 and the powers granted to the Township therein. To the extent that this Resolution does not address a certain situation or in the event of a conflict between this Resolution and §505.871, the provisions of §505.871 and the judicial interpretations thereof shall govern.
Section 2. Definition.
As used in this Resolution, “junk motor vehicle” means a motor vehicle that meets all of the following requirements: (A) three model years old, or older; (B) apparently inoperable; and (C) extensively damaged, including but not limited to, any of the following: missing wheels, tires, engine or transmission.
Section 3. Prohibition.
No person shall have located a junk motor vehicle as defined in this Resolution, within the unincorporated area of the township, on public or private property.
Section 4. Procedure.
1. Upon observation and oral or written report of a junk motor vehicle within the unincorporated territory of Symmes Township by a township official, township officer or upon complaints from residents of Symmes Township, including neighboring property owners, the Township Administrator shall determine whether the vehicle in question meets the definition of “junk motor vehicle.” In making said determination, the Township Administrator may, as appropriate under the circumstances, rely on personal observation, conduct an inspection of the property, document the existence and condition of the vehicle, take pictures of the property and the junk motor vehicle and gather any other evidence that may support the determination that the vehicle in question is a “junk motor vehicle.”
2. If a vehicle is determined to be a “junk motor vehicle,” the Township Administrator shall recommend that the Board of Township Trustees, Symmes Township adopt a resolution, authorizing the removal of the junk motor vehicle.
3. If the junk motor vehicle is located on public property, the resolution may provide for the immediate removal of the vehicle.
4. The Board of Trustees, Symmes Township may provide for removal of junk motor vehicles located on more than one property with the same resolution.
5. If the vehicle is located on private property, then the Board of Trustees, Symmes Township may provide in the resolution for the removal of the vehicle not sooner than fourteen days after the Board of Trustees, Symmes Township serves written notice of its intention to remove or cause the removal of the vehicle on the owner of the land and any holders of liens of record on the land.
6. The notice provided under this Section shall generally describe the vehicle to be removed and indicate all of the following: (a) the Board of Trustees, Symmes Township has determined that the vehicle is a junk motor vehicle; (b) if the owner of the land fails to remove the vehicle within fourteen days after the service of the notice, the Board of Trustees, Symmes Township may remove or cause the removal of the vehicle; (c) any expenses the board incurs in removing or causing the removal of the vehicle may be entered upon the tax duplicate and become a lien upon the land from the date of entry.
7. The Township Administrator is authorized to serve the notice on behalf of the Board of Trustees, Symmes Township. The Township Administrator shall serve the notice under this Section by sending it by certified mail, return receipt requested, to the owner of the land, if the owner resides in the unincorporated territory of the township or if the owner resides outside the unincorporated territory of the township and the owner’s address is known or ascertainable through an exercise of reasonable diligence. The Township Administrator also shall send notice in such manner to any holders of liens of record on the land. If a notice sent by certified mail is refused or unclaimed, or if an owner’s address is unknown and cannot reasonably be ascertained by an exercise of reasonable diligence, the Board of Trustees, Symmes Township shall publish the notice once in a newspaper of general circulation in the township before the removal of the vehicle, and if the land contains any structures, the Board of Trustees, Symmes Township also shall post the notice on the principal structure on the land.
8. A notice sent by certified mail shall be deemed to be served for purposes of this Section on the date it was received as indicated by the date on a signed return receipt. A notice given by publication shall be deemed to be served for the purposes of this Section on the date of the newspaper publication.
9. The Township Administrator may cause the removal or may employ the labor, materials, and equipment necessary to remove the junk motor vehicle under this Section.
10. All expenses incurred in removing or causing the removal of the junk motor vehicle when approved by the Board of Trustees, Symmes Township, shall be paid out of the township general fund from moneys not otherwise appropriated, except that if the expenses exceed five hundred dollars, the Board of Trustees, Symmes Township may borrow moneys from a financial institution to pay the expenses in whole or in part.
11. The Township Administrator is authorized to utilize any lawful means to collect the expenses incurred in removing or causing the removal of a junk motor vehicle under this Section, including any fees or interest paid to borrow moneys under this Section. The Board of Trustees, Symmes Township may direct the township fiscal officer to certify the expenses and a description of the land to the county auditor, who, pursuant to R.C. §505.871(E) is required to place the expenses upon the tax duplicate as a lien upon the land to be collected as other taxes and returned to the township general fund.
Section 5. Miscellaneous.
Notwithstanding Section 4513.65 of the Revised Code, any collector’s vehicle that meets the definition of a junk motor vehicle can be removed under this Section subject to Resolution G-9617 Section 2 (A), (B) and (C).
Nothing in this Resolution shall be construed as affecting the authority of the Board of Trustees, Symmes Township to adopt and enforce the resolutions under R.C. §505.173 as adopted in Resolution G-9617 to regulate the storage of junk motor vehicles on private or public property in the unincorporated territory of the township.
This Resolution shall not be construed as limiting any remedies provided by law and available to Symmes Township under R.C. §505.173 and Resolution G-9617.
Section 6. 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 onto compliance and conformity with state law.
Section 7. The Board of 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. Bryant seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
Mrs. Wagner moved to adopt the following resolution:
RESOLUTION G-0828
Resolution Providing for the Abatement of
Vegetation and other Debris from
Property Located at 10693 Fallis Road
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 10693 Fallis Road (Parcel 620-0060-0026); and
WHEREAS, a visual inspection of said property has revealed that the complaint is valid in that the grass has not been mowed for some time and needs to be cut and 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 #620-0060-0026 - 10693 Fallis Road.
Section 2. Hereby directs the Township Administrator to notify the property owner, Barbara Fay Belcher, 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 advised that the owner has been notified as the property has been neglected for some time.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BECKMAN questioned if the Board would like to have a fall event this year. Mr. Beckman advised that the Township could have the normal "halloween" event, or could participate with the Cincinnati Horticultural Society in its annual educational event which is being held on October 3-4-5. In the past, the Board has approved $3,500.00 for expenses on this event and this would be allocated to the Horticultural Society if necessary. A plan could be submitted to the Board for review and approval prior to this event.
MRS. WAGNER stated she felt joining with the Horticultural Society would be a great idea.
MR. BRYANT stated he would like to see something as was done in the past.
MR. BECKMAN advised that Friday is an educational day for school children and they do things similar to Fallfest. This would not be a regional event, but aimed at the Symmes area.
MR. BRYANT stated he liked the idea of combining the two events together; however one day would need to be like previous Fallfests.
MRS. WAGNER stated she would like to see their ideas in order to mesh the two together.
MR. BECKMAN stated he would like to have the Board's approval to work with the Horticultural Society in planning the event.
MR. BECK questioned if $3,500 would be sufficient in order to have this event.
MR. BECKMAN stated that the Horticultural Society could have its educational event on Friday and the Township would have Fallfest on Sunday as in previous years.
MR. BRYANT moved to authorize the Township Administrator to enter into further discussions with the Cincinnati Horticultural Society for doing a Fallfest type program, incorporating as much as possible into one day as done in the past, with the Society determining any new event, as well as extend an invitation for participation by any non-profit groups, like the Symmes Township Historical Society, and to approve an expenditure not to exceed $3,500.00 for said event. Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MR. BECKMAN stated he would invite the Cincinnati Horticultural Society to attend the next meeting to discuss the plans for this event.
MRS. WAGNER moved to:
a. Establish Permament Appropriation 18-A-02B (Capital Project - Park Building - Contract) in the amount of $360,000.00;
b. Amend Permament Appropriation 28-A-08 (Fire & Rescue Fund - Contracts) from $18,000.00 to $0.00;
c. Amend Permament Appropriation 20-A-01 (Safety Levy - Principal Note Payment) from $435,000.00 to $0.00;
d. Establish Permament Appropriation 14-A-01D (TIF - Principal Note Payment) in the amount of $435,000.00;
e. Amend Permament Appropriation 6-A-02 (Cemetery Bequest - Contracts) from $500.00 to $3,600.00;
f. Amend Permament Appropriation 5-A-11 (Cemetery - Contracts) from $34,000.00 to $35,850.00.
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 approve the following:
a. Expenditure in the amount of $1,200.00 for the purchase and installation of new recording equipment
b. Expenditure in an amount not to exceed $6,000.00 for the demolition and removal of structure from 8871 Mayrow Drive
c. Expenditure in an amount not to exceed $6,000.00 for the demolition and removal of structure from 9783 Union Cemetery Road
d. Expenditure in the amount of $800.00 for removal of two dead pine trees in Union Cemetery
e. Expenditure in the amount of $1,050.00 for removal of stumps in Union Cemetery due to easement with Duke Energy
f. Expenditure in an amount not to exceed $3,600.00 from the Cemetery Bequest Fund for headstone repairs in Union Cemetery
g. Additional expenditure (Then & Now) in an amount not to exceed $8,600.00 for additional testing on Rozzi property
h. Expenditure (Then & Now) in the amount of $1,111.64 for the purchase of bulk oil for vehicle maintenance
i. Expenditure in an amount not to exceed $60,000 for the purchase of tractor
j. Expenditure (Then & Now) in the amount of $18,403.82 for 1st Quarter Franchise fee
k. Expenditure in the amount of $8,185.35 for the purchase of five (5) sets of turnout gear
l. Expenditure in the amount of $949.20 for six (6) month service for wireless aircards for fire/EMS reporting system
m. Expenditure (Then & Now) in the amount of $400.00 for April OSHA consulting services
n. Additional expenditure in an amount not to exceed $2,500.00 for consultant services for Meade property project
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 submit the annual Budget for the year commencing January 1, 2009 for consideration to the County Budget Commission. 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 resignation from Carl Miller as Laborer-Step 3 effective June 20, 2008. 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 hire Ed Dawes, 11600 Thistlehill Drive (45140) as full-time Laborer-Step 4 effective July 2, 2008 at hourly rate of $12.72. Mr. Bryant seconded the motion.
MR. BECKMAN noted that Mr. Dawes has been employed by the Township as an intermittent employee and this action will make him full-time and fill the open position due to Mr. Miller's resignation.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MRS. WAGNER moved to hire Stephen Peak, 2910 Erin Court (45140) as a part-time seasonal employee from July 2, 2008 to October 17, 2008 at hourly rate of $10.68. Mr. Beck seconded the motion.
MR. BECKMAN stated he is asking the Board to hire two part-time employees since additional work is necessary in the parks, as well as several special projects.
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.
MRS. Wagner moved to hire Charlie Rice, 7531 Liberty Lane (45044) as a part-time seasonal employee from July 2, 2008 to October 17, 2008 at hourly rate of $10.68. 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 IHI Hospitality, LLC, 9521 Fields Ertel Road, Loveland, OH 45140.
The following deed was presented:
- JEFFREY DANE - Union Cemetery, Niche 1108, Grave 2 |
Minutes
