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Loveland, OH 45140
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MINUTES OF
SYMMES TOWNSHIP TRUSTEES
REGULAR MEETING
SEPTEMBER 4, 2007

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

Opening| Executive Session | Receipts | Warrants | Reports |Correspondence | Old Business | New Business

Opening

The meeting was called to order at 7:00 p.m. Members of the Board present were: Mr. Kenneth Bryant, Mrs. Kathryn Wagner, Mr. Eric Minamyer, and Mr. John Borchers. Also present: Gerald L. Beckman - Township Administrator; Robert Malloy - Township Law Director; Carol Sims - Township Assistant Fiscal Officer; Mike Books - District Chief, Loveland-Symmes Fire Department.

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Executive Session

Mr. Minamyer moved that the Board enter into Executive Session to discuss the appointment of a public employee and to consider the sale of real property. Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye"; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'. The meeting adjourned for Executive Session at 7:04 p.m. The meeting reconvened from Executive Session at 9:10 p.m.

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Receipts
Receipts totaling $180,704.12 were read and accepted.
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Warrants
Mr. Minamyer moved that the Township pay its bills.  Mrs. Wagner seconded the motion and all voted 'aye'. Proper certification having been made, warrants totaling $494,163.09 were issued.
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Reports

OTHER -  MR. MINAMYER announced the Ad Hoc Master Plan Steering Committee will hold a meeting on September 10 at 6:30 p.m.

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Correspondence

JODIE GEORGE, 12163 WATERS EDGE - Committee application.

OTARMA - Change to insurance coverage.

DAWN SPRING - e-mail update on history research.

EDWARDS & KELCEY - Letter on Lebanon Road sidewalk project.

SCOTT SCHLESNER, 11954 MILLSTONE - Committee application.

DEVITT & ASSOC -
a.  Appraisal for 9745-9767 Union Cemetery
b.  Appraisal for 9783 Union Cemetery
c.  Appraisal for 11665 Lebanon Road

SURDYK DOWD & TURNER - Letter regarding claim filed by Whitley.

SHERIFF DEPT - May activity report.

WOOD & LAMPING - e-mail regarding closing on Chapelsquare property.

CTY COMMISSIONERS - Letter regarding lack of participation in recent presentation on census population estimate challenges.

PERSO - Letter regarding claim filed on damage to gate.

DELHI TWP - e-mail regarding continuance of OSHA program.

WOOD & LAMPING - e-mail regarding the Royal property purchase.        

cc:NICK KURZYNSKI to OHIO HISTORICAL SOCIETY - Letter regarding application for Meade House.

COUNTY AUDITOR - Amended Certificate of Total Appropriations.

PERSO - Payment of $1,062.99 for claim on gate damage.

LASER IMAGING - Letter regarding invoices for Veterans Memorial.

JEFF WAGNER, 11995 RIVER OAKS DRIVE - Request for Block Party permit.

KAREN SPECKERT - e-mail regarding property at 8382 Patrilla Lane.

REGIONAL PLANNING - Memo regarding 2006 Census Population Estimate Challenges.

SPURGEON ECHARD, 8453 FIELDS ERTEL - Letter regarding resolution dealing with illegal immigration.

CLARK THEDERS - Insurance endorsement effective June 13, 2007.

CHRIS FRANCOSKY - e-mail regarding complaint on Sheriff's Department.

STATE OF OH - Co-Op program certificate.

BWC - Notice of claim filed by Harold Suddarth.

MICKEY FELIX, 9958 JACKSON (45111) - Letter regarding recent fee charged by General Health District.

DAVID BLUMBERG, 9207 GOURMET - Application for committee.

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

PECK SHAFFER - e-mail regarding expenditure of TIF funds for purchase of property and construction of parking lot at Safety Center.

ROZZI - SFM Closure document for property.

HAMILTON COUNTY - JULY permissive tax computation report ($1,737.75).

SOIL & WATER - e-mail regarding Willow Creek subdivision.

SHELLIE HOUSLEY, 11839 HAWTHORN WOODS - Committee application.

COUNTY AUDITOR - Request for additional information for 2008 Budget.

cc:WOOD & LAMPING to ROBBINS KELLY - Letter regarding purchase of Chapelsquare property.

NORTHSTAR COMM CHURCH - Letter regarding payment of environmental study.

D'ARCY HAVILL - e-mail regarding placement of speed trailer in Camp Dennison.

LIZ LAMAR, 11867 SHENANDOAH - e-mail regarding road conditions.

BUREAU OF MOTOR VEHICLES - Letter regarding new procedure for obtaining license audit reports.

CRAWFORD INSURANCE - Letter regarding claim filed by Rebecca Collinsworth.

PAYNE FIRM - Proposal for Phase II study of the Rozzi property.

PAYNE FIRM - Proposal for Phase I study of Lebanon/Union Cemetery Road properties

LT. REID - e-mail response to previous complaint.

SYMMES FIRE - July activity report.

STORM WATER DISTRICT - Letter regarding 2008 Storm Water Service Fees.

cc:FIFTH THIRD to JOHN BELL - Letter regarding closing date for Chapelsquare property.

WOOD & LAMPING - Memo regarding property at the Safety Center.

ENVIRONMENTAL SERVICES - Letter regarding Residential Recycling program.

JULIE PRESTON - e-mail regarding closure of the dog park in the Winter months.

OHIO DEPARTMENT OF LIQUOR CONTROL - Notice of liquor license transfer from Brinker Ohio, Inc., dba Chilis Grill & Bar, 11305 Montgomery Road (45249) to. ERJ Dining IV, LLC, dba Chilis Grill & Bar, 11305 Montgomery Road (45249)

ROBERT GOERING, HAMILTON COUNTY TREASURER - Notice of Collection of Inheritance Taxes ($57,648.26).

MARY McLELLAN - e-mail regarding dog park.

DEPT OF COMMERCE - Letter regarding Boundary & Annexation Survey.

GAIL THEILE, 9857 MONTGOMERY RD - Public Records Request.

COUNTY ENGINEER - Permit for 11887 Lebanon Road.

MSD - Letter regarding proposed sanitary sewer on McKinney Road.

WORKERS COMP - Letter regarding premium rate letters.

ENVIRONMENT & ARCHAEOLOGY - Report on Rozzi property wetland.

BOARD OF ELECTIONS - Request to utilize Symmes Park to distribute election supplies.

WOOD & LAMPING - Letter regarding hotel lodging excise tax regulations.
ERIC MINAMYER - e-mail requesting rules/regulations covering executive session.

STORM WATER DISTRICT - Letter regarding 2008 service fees.

SYMMES FIRE - e-mail regarding 911 database for Code Red.

WOOD & LAMPING - e-mail regarding wetland issue.

PHILIP BECK, 9983 WALNUT RIDGE (45242) - Public Records Request.

WORKERS COMP - Letter regarding drug-free workplace program self-assessment.

DAWN SPRINGS - e-mail regarding history project.

ENVIRONMENT & ARCHAEOLOGY - e-mail regarding wetland issue.

SHERIFF'S OFFICE - Request to use Safety Center for meeting on November 7.

DEPT OF COMMERCE - Letter regarding training program for 2010 census.

WOOD & LAMPING - Warranty Deed for Royal property.

LIFE MANAGEMENT - Summary report.

DEPT OF COMMERCE - letter regarding participation in 2010 update.

ODOT - e-mail regarding closure of E. Kemper at the east side of the intersection with Montgomery Road.

WORKERS COMP - Letter regarding claim filed by Carl Miller.                     

 

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Old Business

MR. MINAMYER noted the Township discussed the sale of the Chapelsquare property in Executive Session.  Mr. Minamyer moved to adopt the following resolution:

RESOLUTION G-0738
Resolution Adopting and Directing the Board of Township Trustees
      to Enter into and Approve Addendum Number 3 to the Real Estate
   Purchase Contract with NxFaze, and to Authorize and Direct
   the Conveyance of Certain Real Estate Known as the Chapelsquare
    Fire Station to the Board of Trustees of Symmes Township in Order to
Place of Record the Corrected Legal Description

               WHEREAS, the Board of Trustees of Symmes Township has determined that the property known as the Chapelsquare Fire Station is no longer needed for public purpose; and

               WHEREAS, The Board of Trustees of Symmes Township have entered a Purchase Contract with NxFaze for the conveyance of the Chapelsquare Fire Station property; and

               WHEREAS, it is necessary to extend the closing date as set forth in Addendum Number 3 and to execute and to execute a Deed of Conveyance in preparation for the closing; and

               WHEREAS, it is necessary to correct the legal description of the subject parcel.

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

               Section 1.     The Board of Trustees of Symmes Township hereby authorize and direct the execution of Addendum Number 3 as set forth on Exhibit A and, furthermore, authorize and direct the execution of the Deed of  Conveyance for the real estate known as the Chapelsquare Fire Station, which Deed is set forth on Exhibit B, attached and incorporated as if fully set forth herein.
              
               Section 2.    This Resolution shall be adopted as an emergency necessary for the immediate preservation of the public peace, health, safety, or welfare of the community for the reason that it is necessary to maintain continuity of legal services for this Township.

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

Mr. Minamyer moved to amend Permament Appropriation 12-A-8 (Parks - Other) from $122,050.00 to $529,550.00.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to amend Permament Appropriation 20-A-8 (Safety Levy - Other) from $81,100.00 to $88,984.00.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to approve an expenditure in an amount not to exceed $5,500.00 for engineering services for sidewalks on Lebanon Road from Fields Ertel to connect with Stonebridge Drive.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

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New Business

Mr. Minamyer moved to adopt the following resolution:

RESOLUTION G-0737
       Resolution Authorizing the Transfer of Funds

                   WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, entered into agreements for the re-payment of Various Purpose Limited Tax General Obligation Bonds pursuant to Resolution
F-0312 adopted September 16, 2003 and Resolution F-0403 adopted February 3, 2004; and

                   WHEREAS, the Township Fiscal Officer, on advice of the State Auditors, has established Fund 14-D as a Special Revenue Fund and Fund 14-B as a Debt Service Fund for the revenue and expenditures dealing with these Various Purpose Limited Tax General Obligations Bonds; and

                   WHEREAS, the Township Fiscal Officer has advised the Board of Trustees that the amount needed for payment of its 2007 obligations is a total of $338,400.00 and that $500,794.50 has been received as of this date; and

                   WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, wishes to transfer money from the Special Revenue Fund (14-D) to the Debt Service Fund (14-B) as instructed by the State Auditors.

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

Section 1.    Hereby authorizes a transfer of $338,400.00 from the Special Revenue Fund (Fund 14-D) to the Debt Service Fund (Fund 14-B) as instructed by the State Auditors.

Section 2. Hereby directs the Township Fiscal Officer to make the above adjustments to the Special Revenue Fund (Fund 14-D) and the Det Service Fund (Fund 14-B).

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

Mr. Minamyer moved to authorize the Township Administrator to enter into a two (2) year contract (2008-2009) with Y2K Landscaping for the mowing of Township parks, cemeteries, and other greenspace. Mrs. Wager seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye.'

Mr. Minamyer moved to authorize the Township Administrator to enter into an agreement with Kleingers & Assoc. for the preparation of legal descriptions of two small parcels located at the Safety Center and approval of an expenditure in an amount not to exceed $400.00 for said services.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

MR. BORCHERS noted that the salaries of elected officers are based on the Township's budget.  Mr. Borchers advised that his policy is not to budget all available funds.  During the recent audit, it was discovered that the elected officers have been underpaid for 2006 and 2007.  The Auditors advised that salaries should be based on the township budget as determined by using the amount of the official certificate of estimated resources.  Therefore, in 2006, the Board was paid at the "$6-$10 Million" level when the budget was at the "Greater than $10 Million" level.  Payroll adjustments are needed to bring the Township into compliance for 2006 and for 2007.  Mr. Borchers requested the Board to take the appropriate action for these salary adjustments.

Mr. Minamyer moved to authorize the Township Administrator to enter into a two (2) year contract (2008-2009) with Y2K Landscaping for the mowing of Township parks, cemeteries, and other greenspace.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

MR. MINAMYER announced that salary for the Township Trustees for the remaining monthly installments for 2007 will be based on an annual salary of $20,008.00.  The salary for the Township Fiscal Officer for the remaining monthly installments for 2007 will be based on an annual salary of $27,409.00.

Mr. Minamyer moved to approve an expenditure (Then & Now) in the amount of $11,370.00 to provide for salary adjustments to the 2007 compensation to Trustees and Fiscal Officer for January through August 2007.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to approve an expenditure (Then & Now) in the amount of $16,771.00 to provide for salary adjustments to the 2006 compensation to Trustees and Fiscal Officer for January through  December 2006.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to amend Permament Appropriation 1-A-1 (General - Trustee Salary) from $47,283.00 to $69,291.00.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to amend Permament Appropriation 1-A-2 (General - Fiscal Officer Salary) from $23,995.00 to $30,128.00.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to amend Permament Appropriation 1-A-12 (General - OPERS) from $77,000.00 to $82,000.00.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to approve Change Order No. 3 for the Blong Memorial Park for a net decrease of $165.00.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to amend Permament Appropriation 14-A-8  (EMS - Other) from $58,050.00 to $59,250.00.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to amend Permament Appropriation 2-A-9 (MVR - Other) from $1,500.00 to $2,500.00.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to amend Permament Appropriation 12-A-6 (Park - Supplies) from $5,000.00 to $6,000.00.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to approve:
                   a.     Expenditure in an amount not to exceed $18,000.00 for purchase and installation of security cameras
                   b.     Expenditure in an amount not to exceed $5,000.00 for construction of Meade trail
                   c.     Expenditure (Then & Now) in the amount of $2,025.17 for 3rd Quarter EMS supplies
                   d.     Expenditure (Then & Now) in the amount of $746.87 for 3rd Quarter drug restock
                   e.     Expenditure (Then & Now) in the amount of $3,077.74 for engine repairs to T-201
                   f.     Expenditure in an amount not to exceed $4,000.00 for Operation Santa
                   g.     Expenditure in an amount not to exceed $1,200.00 for duct cleaning at Remington Fire Station
                   h.     Expenditure in the amount of $1,000.00 for additional panels for War Memorial
                   i.     Expenditure in an amount not to exceed $8,000.00 for publication and distribution of newsletter
                   j.     Expenditure in an amount not to exceed $2,000.00 for street line painting by the Hamilton County Engineer's Office
                   k.     Expenditure in an amount not to exceed $1,400.00 for purchase of garbage bags
                   l.     Expenditure in an amount not to exceed $2,000.00 for annual service to backhoe

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

Mr. Minamyer moved to authorize Bill Pitman and Willie Burns to attend Emergency Apparatus Maintenance training seminar in Reynoldsburg, OH on September 25 thru September 28, 2007 and reimbursement of related expenses.  Mr. Bryant seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to authorize Luanne Felter and Jana Grant to attend website class on September 25 and 26.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

The Board had no objection to the liquor license transfer from Brinker Ohio, Inc., dba Chilis Grill & Bar, 11305 Montgomery Road (45249) to. ERJ Dining IV, LLC, dba Chilis Grill & Bar, 11305 Montgomery Road (45249).

The Board approved the following cemetery deeds:
 - Robert Williams - Union, Lot 793E, Grave 5
 - Gary Slaby - Kerr, Lot 523, Grave 6

MR. MINAMYER thanked all the residents who applied for the new park committee and commended all for their willingness to serve.

MRS. WAGNER added everyone was a good representation of the Township.

MR. BRYANT stated he would also like to thank everyone and hoped that those not selected would be considered for future appointments.

MR. MINAMYER moved to appoint the following residents to the Ad Hoc Park Expansion Committee:


  David Blumberg
  Elizabeth Murphy
 Jerry Klems
  Scott     Schle
  Tanner McFall
   Gail Tricky
   Duane Meyer

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

The meeting adjourned at 9:36 p.m.

 

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