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MINUTES OF
SYMMES TOWNSHIP TRUSTEES
REGULAR MEETING
SEPTEMBER 2, 2008

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

Opening | Receipts | Warrants | Reports | Correspondence |
Zoning and Planning Issues
| 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; Otto Huber - Chief, Loveland Symmes Fire Department.

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Receipts
Receipts totaling $257,201.92 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 $486,462.97 were issued.

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Reports

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

1.  SAFETY CENTER - Updated the Board on the consultant services provided by Viox on the HVAC problems in this building.  The cost to the Township was over $8,000.00 and Feldkamp has offered to make a reimbursement in the amount of $4,000.00.  Mr. Beckman questioned how the Board wished to proceed.

MRS. WAGNER questioned if there was a recommendation.

MR. MALLOY advised that there has been discussions regarding this matter and he recommended that the Board accept this proposal rather than attempt to collect additional money.

MR. BORCHERS stated he felt the Township needs to address the issue of future bids with Feldkamp.

MR. BRYANT expressed concern that the Township had to expend money in order to determine what problems existed at the Safety Center.  Mr. Bryant questioned if Turner Construction has any responsibility.

MR. BORCHERS stated the Turner Construction was the Construction Manager and it would have been impossible for them to determine if any equipment would be defective.

MR. BRYANT expressed concern about the Township having to expend this money and suggested that Feldkamp be made aware that the Board is unhappy with their work and would not deal with them in the future.

MR. BECK questioned if Feldkamp made the necessary corrections and/or repairs.

MR. BECKMAN stated that Feldkamp made most of the repairs and this mostly is the cost for the consultant.

The Board agreed that the Township Administrator should continue negotiations with Feldkamp and to keep the Board apprised.

2.  RESOURCE OFFICER - Questioned if the Board wished him to provide notice to the Hamilton County Sheriff's Department that the Township will not pay for the services of a resource officer at the Loveland High School.

Mr. Beckman advised he would also like to discuss the possibility of retaining Officer Housley in another capacity within the Township.

MRS. WAGNER stated she does not want this officer to remain in the high school once it is annexed.

The Board directed the Township Administrator to notify the Hamilton County Sheriff's Department that the Resource Officer will be removed from the High School once the annexation is approved and that the Township is looking at other options for retaining this officer.

ROBERT MALLOY -

1.  NEWSPAPER ARTICLE - Expressed concern regarding a recent article in the Loveland Herald which stated that the proposed JEDD is unlawful.  Mr. Malloy stated there is nothing unlawful in the making the proposal.  There has been no response from the City of Loveland regarding this issue.

2.  HB 562 - Advised this legislation is effective September 23 and provides for a procedural change to the Board's vote regarding zoning issues.  Only a majority vote is now required in order to overturn the Zoning Commission's recommendation to the Board.  An amendment to the Zoning Code is being prepared in order to be in agreement with the Ohio Revised Code.

CHIEF HUBER -  Presented the Board with an inventory of fire/EMS equipment which has been "bar coded" with new software.  Chief Huber offered this software for use by the Township.

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Correspondence

SHERIFF'S DEPT - June activity report.

COUNTY AUDITOR - Letter regarding demolition of property at 8871 Mayrow Drive.

JIMMY ROY - Letter of appreciation to Carol Sims.

cc:MIAMI TOWNSHIP to LOVELAND BOARD OF EDUCATION - Notification that Township will not pay for high school resource officer.

cc:MSD to MCGILL SMITH - Letter regarding conditional availability of sewer for 11414 Enyart Road.

WORKERS COMP - Record of Proceedings for claim filed by Erwin Walker.

SYMMES FIRE - JULY activity report.

TAVERN REST GROUP - e-mail regarding Sanders property.

JEFF WAGNER - Letter requesting Block Party permit for River Oaks Subdivision.

cc:MSD to KLEINGERS & ASSOC - Letter regarding conditional availability of sewer for 11887 Lebanon Road.

WARNER CABLE - 2nd Quarter franchise fees ($46,256.93)

WOOD & LAMPING - e-mail regarding agreement with Cinti Horticultural Society.

PRINT MANAGEMENT - e-mail regarding newsletter.

COUNTY ENGINEER - Notice of road closure between Kemper Road and Hambletonian.

WOOD & LAMPING - e-mail regarding Rozzi property.
PHIL BECK - e-mail regarding Rozzi property.

MEL MARTIN - e-mail regarding bike trail expansion.

SYMMES FIRE - e-mail response to inquiry regarding open burning.

LISA CRISAFI - Copies of information given to BZA on recent case.

cc:PHIL SEIBERT to PHIL BECK - e-mail regarding recent BZA case.

CTY HEALTH - Water system abandonment permit for Union Cemetery Road and Mayrow Drive.

KLEINGERS & ASSOC - e-mail regarding modifications to Safety Center parking lot detention area.

JOHN BORCHERS - e-mail regarding Rozzi property.

SEALED PROPOSALS for Meade Project:
a.    Hollstegge Electric
b.    B&J Electrical
c.    Delta Electrical
d.    John Tumlin & Son
e.    United Electric
f.     HGC Construction
g.    Applied Contracting
h.    AC&E
i.     Hilvert & Pope
j.     Mardis & Meeham
k.    Perkins/Carmack
l.     Whalen Electric
m.   Hudepohl Construction
n.    Butler Cty Electric
o.    RLE Construction

LPS - Letter regarding property at 10693 Fallis Road.

JEFFREY ALLEN CORP - Request for release of retainage on Blong Park project.

COUNTY ENGINEER'S OFFICE - e-mail response regarding sight distance problem at Humphrey and Hopewell.

DAVE TREMBLAY - e-mail regarding Harpers Station businesses.

SYMMES FIRE DEPT - e-mail regarding recent fire in Hawthorne Woods Subdivision.

PAULMEADOWS HOA - Request for Block Party permit.

ANDERSON TOWNSHIP - e-mail regarding resolution to Cty Commissioners regarding sheriff department cuts.

COUNTY AUDITOR - Letter regarding estimated revenue to be presented to Budget Commission in September.

WORKERS COMP - Record of Proceedings on claim filed by Erwin Walker.

COUNTY DEVELOPMENT - Letter regarding Community Development Block Grant Program.

MIKE HOWELL - e-mail regarding Camp Dennison Nature Trail.

HD SUPPLY - Notice of Furnishings for Safety Center Parking Lot Project.

RAY MEYER SIGN - Proposal for entrance signage.

DAVE SCHULER, 10112 MEADOWKNOLL - e-mail regarding Lebanon Road sidewalk.

WOOD & LAMPING - e-mail regarding license agreement with Cinti Horticultural Society.

BHE - e-mail regarding Meade property proposal.

ANIRUDH SINGH - e-mail regarding safety issue on Humphrey Road.

WOOD & LAMPING - e-mail regarding license agreement with Cinti Horticultural Society.

McBRIDE DALE - e-mail regarding Master Plan.

COUNTY ZONING - Memo regarding proposed zone changes.

COUNTY RECORDER - Letter offering assistance in identifying owners of neglected properties.

OHIO DEPARTMENT OF LIQUOR CONTROL - Notice of new liquor license for Hook Superx LLC, dba CVS Pharmacy, 10554 Loveland Madeira Road (45140).

BUREAU OF MOTOR VEHICLES - Letter regarding audit filed by Loveland.

cc:WOOD & LAMPING to KEN BRYANT - e-mail regarding Loveland's comments in recent newspaper article on annexation.

WOOD & LAMPING - Memo regarding recent change to Zoning Code due to HB 562.

JACOBS - e-mail regarding Humphrey Road sidewalk project.

OKI - e-mail regarding upcoming meeting regarding bike trail.

KLEINGERS - e-mail regarding sanitary sewer connection for Meade property.

 

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Zoning and Planning Issues

MR. BECKMAN advised that there is a term ending on September 4th on the Township's Zoning Commission.

MR. BRYANT questioned if there were any applicants for this position.

MR. BECKMAN stated that none have been received.

MR. BRYANT stated he would like to see a notice placed in the newspaper and to see the incumbent put his name forward.

The Board directed the Township Administrator to prepare a press release and to schedule interviews for the October meeting.

 

 

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Old Business

MR. BECKMAN advised that the approval process for the CRA will be completed in approximately two weeks.  Mr. Beckman reviewed the process for the applications.  Mr. Beckman questioned how the Board would like to proceed with the review application at the Township level.  Mr. Beckman suggested that the Board could review, that a committee could be appointed, or this placed with the current Ad Hoc Master Plan Committee.

Mr. Beckman stated he would like the Board to start thinking about this matter for further discussion at a future meeting.

MRS. WAGNER moved to amend Permament Appropriation 14-A-7 (EMS - Repairs) from $9,000.00 to $14,000.00.  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 an expenditure (Then & Now) in the amount of $5,279.58 for emergency mechanical and electrical repairs to Medic 60.  Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MR. BECKMAN reminded the Board that the Township has been working on the development plans for the Meade Park Project. The Board of Zoning Appeals heard this conditional use request and, based on concerns expressed by residents, is requesting the Township to construct a fence between the abutting property owners and the parking lot.  The Board of Zoning Appeals has determined that a six foot high privacy fence be constructed and the parking lot be re-located a minimum of forty-five feet from the property line.

Mr. Beckman reviewed several plans which addressed these conditions and questioned how the Board wished to proceed.

MR. BRYANT advised he was present at the Board of Zoning Appeals and heard the concerns expressed by the residents.  Mr. Bryant questioned what exactly is being requested.

SUMMER LINGER stated there are safety concerns on children running into the parking area and being hit by a vehicle.  Mrs. Linger further stated that there is no other parking area within other parks that are as close as this proposed one.

Mrs. Linger further stated that the neighbors were advised that this was a done deal and expressed concern that they did not have an opportunity to provide input.

MRS. WAGNER stated she would like to see the mature tree remain and questioned if the residents could construct a fence on their property.  Mrs. Wagner further stated that she felt it was their responsibility to keep the children safe.

KARI YEOMANS, Esq. stated the neighbors are requesting that the parking lot be re-located on this property instead of being constructed next to the property line.  Mrs. Yeomans requested the Board to listen to the concerns and not just approve the bare minimum required.

MR. BRYANT stated he did not feel that a berm alone would be sufficient to protect the children without the construction of a fence.

MRS. LINGER stated she heard that the Township was required to provide a parking lot for the log house.

MR. BRYANT stated the Board is providing a parking lot for the entire project.

MRS. LINGER stated that there is plenty of room to move the parking lot back further onto the property which will make it further away from the neighbors and make it more accessible to the log house and the Cincinnati Horticultural Society needs.

LISA CRISAFI - Expressed concern that the residents' concerns were not taken into consideration in the development of this plan. Mrs. Crisafi stated she would like to see the parking lot placed further back towards the natural vegetation.  Mrs. Crisafi presented pictures of the parking areas in the other parks and noted that all lots are at least one hundred feet from a property line.   

MR. BRYANT stated that the Board needs to determine and understand what costs would be associated with the development of a larger berm and additional landscaping for which the residents are requesting.  Mr. Bryant questioned if the residents would be willing to maintain the Township property which would be located on their side of the berm.

MRS. LINGER stated she would like to see a fence should the parking lot remain in its current position.  

MR. BECKMAN presented the Board with correspondence received from another neighbor would has indicated that they were not in favor of the fence.

Mr. Beckman reminded the Board that the placement of the restroom was determined in order to permit use by visitors to the log house as well as the park.  The plans were developed based on the goals of the Township and the Cincinnati Horticultural Society.

MR. MALLOY advised that the entity having imminent domain has the responsibility of determing any public purpose on a property.  It is the Township's responsibility to determine that public purpose and to make decisions based on that determination.

NIGEL CHALKEY - Stated he is with the Cincinnati Horticultural Society.  A parking area is required for the planned development of this property and many students will be brought to this park on buses for educational purposes.  The reason for the present location is that it is a natural area and there is no mature vegetation.  Other locations would require the removal of existing vegetation and habitat.  This is the only remaining area within the Township that is considered natural.  The main entrance to the Society's development will be from this side of the property.

MRS. YEOMANS questioned if there would be any clearing necessary for the proposed buildings.

MR. CHALKEY noted that the Society plans on keeping as much existing vegetation as possible.

MRS. LINGER expressed concern that the Society does not agree with the re-location of the parking area.

MR. BRYANT questioned what problems the Township would have in trying to re-locate the parking lot at the minimum distance required by the Board of Zoning Appeals.

CRAIG HONKOMP, KLEINGERS & ASSOC. - Stated that the minimum distance could be obtained with the removal of the tree.  A compromise between Option 1 and Option 2 is possible.

MR. BECK stated it appears that a fence is needed between the parking area and the residents. Due to concerns expressed by the residents, a barrier is required in order to prevent children was running onto the parking area.  The question is where the fence begins/ends and what type of fence is necessary - a split rail with mesh or a privacy type fence.  The parking area could still be located in the current position with the construction of a fence.

MR. BRYANT questioned what was more important to the residents - no bus parking or moving the lot back.

MRS. LINGER stated keeping the children safe is their main concern.

MR. BRYANT moved to accept Option 1, as presented, which meets the conditional requirements imposed by the Board of Zoning Appeals with the construction of a six foot privacy fence along the property line and placement of the proposed parking lot a minimum of forty-five feet from the property line.  Mr. Beck seconded the motion.

MR. BECK expressed concern that Option 1 allows for bus parking and stated that he is not in favor of having buses remain within the parking lot.  This would create a visual impact for the residents. The main difference between Option 1 and Option 2 is that the bus parking is eliminated and a drop-off area is provided.

MR. HONKOMP stated the Board could eliminate the bus parking in Option 1 (which still allows for the bus to make a turn) and the setback would be approximately fifty-five feet.

MR. BECK moved to amend the motion in order for the Township to set stipulations in order to provide guidance to the Township's architect with the understanding that the Board is leaning towards Option 2, with no tree, and with the construction of a fence.  Mr. Bryant seconded the motion.

MR. BRYANT questioned if this change would allow for the bus movement.

MR. HONKOMP stated it would.

MR. BRYANT questioned what would be the procedure for adoption of this motion.

MR. MALLOY stated the Board could vote on the original motion with the amendment or withdraw and present a new motion. 

MR. BRYANT moved to withdraw the original motion for the acceptance of Option 1.  Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MR. BECK moved to proceed with Option 2, as presented, with no bus parking provided and with the construction of a fence along the south property line. Additionally, the parking lot will be moved further north, with the removal of the existing tree), in order to provide for the minimum setback requirement established by the Board of Zoning Appeals.  Mr. Bryant seconded the motion.

MR. BECK stated he is allowing for the removal of this tree with the understanding that the Cincinnati Horticultural Society will provide appropriate landscaping in the parking area.  The fence is the only way to resolve the safety issues expressed by the residents.
 
The roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MRS. LINGER questioned what was the Board's final decision.

MR. BECK advised that, in order to address the safety concerns, the Board has agreed that there has be to a six foot privacy fence along the south property line.  The parking lot will be pushed to the north due to the Board of Zoning Appeal's requirement. 

MR. BRYANT noted that the fence will on the property line.

MRS. LINGER stated that she will still be able to see the parking lot and questioned if there could be a berm.

MR. BECKMAN noted that a berm would not provide for total security of the property since there is a portion where a fence could not be constructed.

MRS. LINGER stated that she prefers to have a berm along the property line in order not to see the parking area and would be willing to plant landscaping in order to keep her children from going into that area.  Mrs. Linger thanked the Board for moving the parking area.

MR. BECK stated he would like to make an amendment to his motion.  The Board agreed it would be best to start over.

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

Mr. Beck moved to approve a variation of Option 2 to provide for the Board of Zoning's requirements by constructing a six foot high privacy fence and moving the parking pavement forty-five (45) feet from the property line.  The tree will be removed and will be replaced with suitable landscaping by the Cincinnati Horticultural Society and there will no bus parking.  The three foot high earth berm, currently in the bid document, will be varied in order to provide a berm area west to the woods and east to the detention area and said fence will be placed on top of the berm area.  Mr. Bryant seconded the motion.

MR. BRYANT expressed concern that this new fence will now be nine feet from the property line and will cause a gap with the existing split rail fence.

MR. BECKMAN recommended that the fence be placed up to the woods.

MRS. LINGER stated she did not feel these residents will be happy with this placement.

MRS. WAGNER noted that the abutting property owners will have an additional nine feet of space.

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


 

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New Business

   MR. BECKMAN reported that the following sealed bids were opened on August 22, 2008 at 2:00 p.m. for the Meade Park Project.  Sealed bids were received from Hollstegge Electric, B&J Electrical, Delta Electrical, John Tumlin & Son, United Electric, HGC Construction, Applied Contracting, AC&E, Hilvert & Pope, Mardis & Meeham, Perkins/Carmack, Whalen Electric, Hudepohl Construction, Butler Cty Electric and RLE Construction.  Mr. Beckman presented a recap of these bids (attached as part of these minutes).

Mr. Beckman advised that the action taken tonight by the Board does not change the bid documents since the Township would construct the fence.  Mr. Beckman further advised that these bids have been reviewed and the recommendation is to award the bid to Perkins/ Carmack.

MR. BRYANT questioned if funds were available for this project.

MR. BORCHERS advised that funds are available.  A portion will come from a Capital Project Fund for park use and the balance from the regular Park Fund.

MR. BRYANT moved to award the bid for the Meade Park Project to Perkins/Carmack and to approve an expenditure in the amount of $647,440.00.  Mr. Beck seconded the motion and the roll call vote was as follows: Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

MR. BECKMAN reminded the Board that the bid opening for the Meadow Parking Area project is on September 10 and questioned if the Board would like to have a special meeting in order to discuss and award that bid.

MR. BECK moved to hold a Special Meeting on September 23, 2008 at 5:00 p.m. for the purpose of awarding the bid for the Meadow Parking Area Project.  Mrs. Wagner 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 Change Order #1 for 2008 Resurfacing Project in the amount of $67.58 for additional pavement planing.  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 amend Permament Appropriation 20-A-8 (Safety - Other) from $159,000.00 to $180,000.00.  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 approve a transfer of $8,000.00 from 1-A-27 (General - Transfers) to 1-J-3 (Zoning - Other).  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:
           a.           Expenditure (Then & Now) in the amount of $1,600.00 for purchase of playground mulch
           b.           Expenditure for an amount not to exceed $11,285.00 for consultant fees to complete the application process with the Army Corps of Engineers for Meade property
           c.           Expenditure (Then & Now) in the amount of $18,520.77 for payment of 2nd Quarter franchise fees
           d.           Additional expenditure in the amount of $1,850.00 for containers for Brush Drop-offs
           e.           Expenditure in the amount of $946.00 for maintenance of gate at Kerr Cemetery
           f.           Expenditure in the amount of $1,572.46 for maintenance of cemetery gates at Union Cemetery
           g.           Expenditure in the amount of $6,650.00 for purchase of entrance signage
           h.           Expenditure in the amount of $1,631.76 for the purchase of garbage bags for parks
           i.           Expenditure in the amount of $5,000.00 for testing of materials and compaction on Meade Park project
           j.           Expenditure in the amount of $4,960.00 for sealcoating of parking areas at Stonebridge and Seven Gables parks
           k.           Expenditure (Then & Now) in the amount of $750.00 for photo of Meade property
           l.           Expenditure in the amount of $2,500.00 for re-painting of T-205

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 authorize the Township Fiscal Officer to attend workshop with the Center for Public Investment Management in September, 2008 and to approve reimbursement of associated expenses.  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 of Frank Evans as Part-time Custodian for Camp Dennison Nature Trail effective August 31, 2008.  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 hire Mike Howell, 7935 Munson Avenue, Camp Dennison (45111) as Part-time Custodian for Camp Dennison Nature Trail effective September 1, 2008.  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 the new liquor license for Hook Superx LLC, dba CVS Pharmacy, 10554 Loveland Madeira Road (45140).

MRS. WAGNER moved to direct the Hamilton County Regional Planning Staff to initiate a Zone Text Amendment process for necessary minor "housekeeping" changes to Article XXIII, Section 231 of the Symmes Township Zoning Code due to H.B. 562. 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

Mrs. Wagner moved that the Board enter Executive Session to consider the purchase of real property and to discuss imminent court action.  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 9:20 p.m.

The meeting reconvened from Executive Session at 10:00 p.m.

The meeting adjourned at 10:00 p.m.

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