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MINUTES OF
SYMMES TOWNSHIP TRUSTEES
REGULAR MEETING
NOVEMBER 13, 2007

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

Opening| Public Hearing | Receipts | Warrants | Minutes | Reports | Correspondence | Zoning and Planning Issues | Old Business |
New Business
| Executive Session

Opening

The meeting was called to order at 7:00 p.m.  Members of the Board present were:  Mr. Kenneth Bryant, Mrs. Kathryn Wagner, Mr. Eric Minamyer, and Mr. John Borchers.

Also present:  Gerald Beckman - Township Administrator; Carol Sims - Township Assistant Fiscal Officer; Russ Sparks - Township Zoning Staff; Lt. Dan Reid - Hamilton County Sheriff's Department; Otto Huber - Chief, Loveland Symmes Fire Department.

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Public Hearing

MR. MINAMYER convened the Public Hearing for Symmes #2007-02 - Governor's Hill - General Electric.

MR. BRYANT stated he is a retired from General Electric, as well as a stockholder and will abstain on this case.

RUSS SPARKS advised this is a major revision to an existing "OO" Planned Office District.   The applicant is requesting a revision to permit the construction of a four (4) story addition to the existing General Electric office building containing 63,368 square feet, as well as the elimination of some surface parking and the addition of numerous landscape islands in the existing parking lot.

Mr. Sparks stated that the Hamilton County Regional Planning Commission reviewed this case on October 4 and the Township Zoning Commission held a public hearing on October 17, 2007 and has recommended approval of the proposed revisions with two conditions  - 1) All applicable conditions of Resolution #613, Case Symmes #3-79 shall remain i effect for the property; 2) The proposed building addition shall be allowed to be a maximum of sixty-seven (67) feet in height where a maximum of forty-five (45) feet is permitted.

The Public Hearing was closed at 7:09 p.m.

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Receipts
Receipts totaling $458,571.91 were read and accepted.
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Warrants
Mr. Minamyer moved that the Township pay its bills. Mr. Bryant seconded the motion and all voted 'aye'. Proper certification having been made, warrants totaling $751,901.84 were issued.
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Minutes

Minutes of the August 7, 2007 meeting were approved as submitted.
Minutes of the August 14, 2007 meeting were approved as submitted.
Minutes of the September 4, 2007 meeting were approved as submitted.
Minutes of the September 17, 2007 meeting were approved as submitted.
Minutes of the October 2, 2007 meeting were approved as submitted.

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Reports

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

1.  Radar Unit - Advised he has met with Lt. Reid regarding a hand held radar unit which could be use by residents in their neighbors and recommended the purchase.

2.  ARMED SERVICE MEMORIAL - Questioned if the Board had reviewed the proposed letter which will be sent to Township businesses seeking donations for this project.  The Board had no objections to this letter.

LT. REID -  Presented the June and July activity reports.

Lt. Reid stated he is developing a training program for the hand held radar unit and invited residents to contact him if they are interesting in utilizing this equipment.

CHIEF HUBER -  Reported the Fire Department complete its annual smoke detector distribution program and presented a listing of the neighbors covered this year. Chief Huber also reported that the new 911 phone system, funded through Homeland Security funds, will go on line shortly.

Chief Huber updated the Board on the status of security cameras for Township parks and the new inventory system.

OTHER -  MR. BRYANT reported on the October 24 meeting of the Ad Hoc Park Expansion Committee.  Mr. Bryant advised the Committee has expressed concern regarding non-attendance by appointees and have questioned if the make-up of the committee could be changed.  Mr. Bryant noted that additional meetings have been scheduled.

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Correspondence

STEPHEN EWAN - Public Records Request.

SHERIFF'S DEPT - June and July activity reports.

PERSO - Letter regarding claim filed for gate at 11600 Lebanon Road.

cc:WOOD & LAMPING to ARTHUR ROZZI - Letter regarding purchase and sale agreement with Township.

SURDKY & DOWD - Letter regarding claim filed by Rebecca Collinsworth.

cc:WOOD & LAMPING to NEW YORK LIFE INSURANCE COMPANY - Letter regarding the sale of Chapelsquare property.

TIME WARNER - Letter regarding changes in cable rates.

cc:COUNTY ENGINEER to GREG BENKNER, 10741 BENTLEY PASS - e-mail response to letter regarding East Kemper Road.

cc:OPERS to MICHAEL BURROUGHS - Letter regarding claim filed.

COUNTY ENGINEER - Letter of thanks for allowing use of Safety Center for training sessions.

CINTI HILLS ACADEMY - Request to use Harper's Greenspace.

US CENSUS - Follow up to request for boundary charge information.

EDWARDS & KELCEY - e-mail regarding Lebanon Road sidewalk project.

M.E. AMEND - e-mail regarding building code for retaining walls.

MORAINE MATERIALS - e-mail regarding early start-up time.

CHRISTINA LOVINS - e-mail regarding wetland issue on the Rozzi property.

DAWN SPRING - e-mail of Symmes Township history.

LOVELAND TRACE - Snow removal agreement.

HEARTHSTONE - Snow removal agreement.

ODOT - e-mail regarding traffic lights at Kemper and Montgomery.

TONY PERCIFIELD - e-mail regarding property on Lebanon Road.

COUNTY AUDITOR - Amended Certificate of Total Appropriations.

KERKAN ROOFING - Proposal for roof shield at Safety Center.

ODOT - e-mail regarding traffic lights on Kemper Road.

HEARTHSTONE ESTATES - Signed snow removal agreement.

ROB WEBER - e-mail regarding Montgomery/Kemper Road intersections.

SKEETS HUMPHRIES - Proposal for replacement of garage doors for Service Building.

RAY MEYER SIGN CO - Proposal for entrance signage.

PAYNE FIRM - e-mail regarding parcels on Union Cemetery/Lebanon Roads.

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

COIT - Proposal for cleaning of vents.

KLA RISK - Follow-up letter to recommendations made in May.

BOARD OF ELECTIONS - Copy of legal notice for ballot issue.

OHIO DEPARTMENT OF LIQUOR CONTROL - Notice of liquor license transfer from MAJ Food, Inc., dba Ameristop Food Mart, 9390 Loveland Madeira (45242) to Mikbob Investments, LLC., dba Remington Market, 9390 Loveland Madeira (45242).

HAMILTON COUNTY -  September permissive tax computation report ($1,442.75).

GENERAL HEALTH DISTRICT - August tipping fee report.

OHIO DEPARTMENT OF LIQUOR CONTROL - Notice of liquor license transfer from Fondue Inc., dba Melting Pot, 11023 Montgomery (45249) to Southeast Fondue, LLC., 11032 Montgomery (45249).

WOOD & LAMPING - e-mail regarding an amendment to E-Retail District.

SYMMES FIRE - August report and September reports.

STATE OF OHIO, BUREAU OF MOTOR VEHICLES - September license tax statistics report.

UNIVAR - Quote for calcium chloride.

ABITIBI PAPER - Recycling report.

DIV. OF LIQUOR CONTROL - Liquor permit fees ($7,555.80)

METRO COMMUNITIES - Snow removal agreement for Planation Pointe.
ZONING COMMISSION - Letter regarding Symmes #2007-02, Governor's Hill - General Electric.

AMBER RAJCZYK - e-mail regarding signage regulations.

WEST CHESTER TOWNSHIP - e-mail regarding news article regarding IRS and fringe benefits.

BOB BASS - Memo regarding stormwater matters.

HUMAN NATURE - e-mail regarding Meade property and Horticultural Society.

RAINBOW SERVICES - a.  Proposal for removal of asbestos from 11887 Lebanon Road and b.  Proposal for asbestos study at 11887 Lebanon Road.

cc:JOHN ABRAHAM to SHERIFF'S DEPT - Letter of appreciation for Deputy Stewart.

WARNER CABLE - 3rd Quarter franchise fees ($45,913.02).

cc:SURDYK & TURNER to THOMAS RUWE - Letter regarding dismissal from Whitley case.

PETE DOWIATT, 8408 PREAKNESS - e-mail regarding noise resolution.

cc:MOTOR VEHICLES to LOVELAND - Letter regarding audit findings for January - June, 2005.

CAMP SAFETY - Proposal for pole mounted speed display.

DEPT OF TAXATION - Notice that state income tax withholding tables will be reduced by 4.2%.

STEPHEN EWAN - e-mail regarding ODOT appraisal on Montgomery Road.

SUSAN CONROY - e-mail regarding possible girl scout project.

ODOT - Notification that Bill Pitman has successful completed the requirement of Level I of the Roads Scholar Training Recognition program.

McBRIDE DALE - e-mail regarding drafts for Master Plan.

REP. SCHNEIDER - e-mail regarding Sixteen Mile School House.

KEITH STETTLER -  e-mal follow-up regarding property on Union Cemetery.

JON MURPHY - e-mail regarding Sideritis' property.

WOOD & LAMPING - e-mail regarding future meeting on Sanders billboard.

DEPT OF COMMERCE - Notification that Symmes Township census has been changed from 14,236 to 15,744.

cc:MSD to McGILL SMITH - Letter regarding conditional availability of sewer for Vintage Club.

WEED MAN - Proposal for 2008 lawn care program.

cc:MSD to HCRPC - Letter regarding 8700 Governors Hill Drive development.

PHIL SEIBERT, 11618 RICH RD - Letter regarding re-appointment to the BZA.

ERIC MINAMYER - Letter to employees.

WOOD & LAMPING - e-mail regarding proposed cell tower.

JON MURPHY - e-mail history of Sixteen Mile property.

ERIC MINAMYER - e-mail regarding Operation Santa.

WOOD & LAMPING - e-mail regarding resolution for property on Union Cemetery.

COUNTY ENGINEER - 2007 Bridge Inspection report.

WOOD & LAMPING - a.  Memo regarding cell tower and b.  Letter from PBM regarding cell tower.

SYMMES FIRE - Press Release regarding review by Ambulance Accreditation program.

RAINBOW - Report on 11887 Lebanon Road.

RUSS SPARKS - Memo regarding Master Plan.

RELIANCE LIFE -  Letter regarding claim filed by Gerald Beckman.

WARREN CTY ENGINEER - Letter regarding November 15 open house on proposed Fields Ertel improvements.

VIOX SERVICES - Report on Safety Center.

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Zoning and Planning Issues

MR. MINAMYER moved to consider the following resolution:

RESOLUTION Z-0702 
   Resolution of Approval of Motion
          for Zone Change for a
Major Revision to Existing
  "OO" Planned Office District
  Symmes Case 2007-02
Governor's Hill - General Electric

                 WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, heard Case No. Symmes 2007-02, a motion for a Major Revision to an existing "OO" Planned Office District for approximately 4.980 gross acres on the north side of Governors Hill Drive, west of the intersection with Chapelsquare Drive (Auditor's Plat Book 620, Page 202, Parcel 46); and

                 WHEREAS, the applicant wishes to revise the approved Final Development Plan for the site to permit the construction of a four (4) story addition to the existing General Electric office building containing 63,368 square feet, as well as the elimination of some surface parking and the addition of numerous landscape islands in the existing parking lot; and

                 WHEREAS, the Hamilton County Regional Planning Commission on October 4, 2007, at its regular meeting recommended approval of the major revision; and

                 WHEREAS, the Symmes Township Zoning Commission on October 17, 2007, held a public hearing and recommended approval of said Amendment with conditions; and

                 WHEREAS, on November 13, 2007, the Board of Trustees of Symmes Township held a public hearing and reviewed said Amendment;

                 NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of Symmes Township, Hamilton County, Ohio concurs with the recommendation of the Hamilton County Regional Planning Commission and the Symmes Township Zoning Commission and approves the Major Revision to an existing "OO" Planned Office District to permit the construction of a four (4) story addition to the existing General Electric office building containing 63,368 square feet, as well as the elimation of some surface parking and the addition of numerous landscape islands in the existing parking lot as the Board believes the Amendment is in keeping with good land use planning and is not in conflict with the best interests of the Township and the public at large.

                 BE IT FURTHER RESOLVED that the plan be subject to the conditions and declaration of Article XIII-B, Sections 136 through 136.9, inclusive, and Article XIII-F, Sections 140.0 through 140.1, inclusive, and subject further to the following conditions:

FINAL DEVELOPMENT PLANS

1.1            The Zoning Resolution, required site plans or drawings, terms, covenants, and conditions of approval which are depicted or noted on the Final Development Plan or contained in this Resolution amending the zone map are to be considered complementary and what is required by any one shall be as binding as if required by all.

1.2            No Final Development Plan shall be approved by the Symmes Township Zoning Commission before:

                 A.       detailed plans for grading, landscaping, exterior lighting and signage are submitted;

                 B.       all other "requirements for Submission" of Final Development Plans have been satisfactorily completed;

                 C.       the Final Development Plan complies with the intent of this resolution, the Zoning Resolution, the Preliminary Development Plan and all other complementary regulations and documents;

                 D.       the Final Development Plan complies with the site plan recommendations of applicable development review agencies;

                 E.       the Final Development Plan complies with the following additional requirements or standards:

                                  CONDITIONS:

                        1.       That, all applicable conditions of Resolution #613, Case Symmes 3-79 shall remain in effect for the property;

                        2.       That, the proposed building addition shall be allowed to be a maximum of sixty-seven (67) feet in height where a maximum of forty-five (45) feet is permitted.

                 F.       The methodology and criteria for effectuating and evaluating compliance with performance related covenants and conditions is noted on the Final Development Plan and accepted by the Township Zoning Inspector.

CONSTRUCTION PERMITS

2.1            No Zoning Certificate shall be issued by the Office of the Zoning Inspector before:

                 A.       a Final Development Plan in compliance with Section 1 above, has been received and approved by the Township Zoning Commission; and

                 B.       construction documents submitted for permit are fully coordinated and consistent with the approved Plan.

2.2            No building permit for actual construction shall be issued by the Department of the Building Commission before a Zoning Certificate is received from the Office of the Zoning Inspector.

FINAL COMPLIANCE DOCUMENTS

3.1            No Final Zoning Certificate shall be issued by the Township Zoning Inspector before the development complies with all requirements of this resolution as defined in Covenant 1.1 and the following documents are received and accepted by the Township Zoning Inspector:

                 A.       a summary report from the County Engineer certifying that the approved plans and specifications for roadway and access improvements, either on-site or off-site, have been completely implemented, and that required rights-of-way have been dedicated;

                 B.       a summary report from the applicant's registered engineer or surveyor as required by and addressed to the Director of Public Works certifying that the approved plans and specifications for storm drainage improvements have been completely implemented; Director of Public Works shall inform the County Zoning Inspector when such letter is received and accepted;

                 C.       a summary report from the registered landscape architect or nurseryman who prepared the plan, certifying completion of the landscape and streetscape plans, as specified on the approved plan; also noting any deviations and the reasons for such deviations;

                 D.       a summary report from the authorized Fire Prevention Officer under the jurisdiction of the Township Trustees, certifying that the approved plan and specifications for fire prevention have been completely implemented; and

                 E.       a summary report from the applicant's registered engineer surveyor or attorney certifying that required easements for access, utilities, or other purposes have been recorded in the Office of the Hamilton County Recorder.

MAINTENANCE OF IMPROVEMENTS

4.1            All aspects of the commercial development, including property improvements, landscaping, streetscaping, etc., as required in the specifications, covenants, conditions, requirements, and limitations of the Final Development Plan and/or contained in this resolution shall be continually maintained in good condition by the owner of the property until the approved development ceases to exist.  Enforcement shall be by the Office of the Zoning Inspector, with all discrepancies being considered zoning resolution violations.

                 BE IT FURTHER RESOLVED that a certified copy of this resolution be directed by the Fiscal Officer of the Board, to the Applicant and his Agent for this Amendment, to the Township Zoning Commission, the Office of the Zoning Inspector, the Department of Building Inspector, the Board of Zoning Appeals, the County Engineer Permit Department and the Metropolitan Sewer District.

                 BE IT FURTHER RESOLVED, that the Board authorizes the expenditure of funds necessary to meet the requirements of the Ohio Revised Code concerning this filing.

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

Mr. Minamyer moved to adopt the following resolution:

RESOLUTION G-0746
  Resolution To Amend Fees for Applications and
              Other Procedures Required by the Provisions of
     the Symmes Township Zoning Resolution

                 WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio adopted Resolution G-9649, Resolution Establishing Fees for Applications and Other Procedures Required by the Provisions of the Symmes Township Zoning Resolution, on November 19, 1996; and

                 WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio adopted subsequent resolutions to amend the fees for applications and other procedures required by the provision of the Symmes Township Zoning Resolution; and

                 WHEREAS, the Board of Trustees has determined that revisions are required to update the adopted fee scheduled in connection with Applications for Zoning Amendments, Zoning Certificates, and other types of approvals and appeals.

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

                 Section 1.       The adopted schedule of non-refundable fees is hereby amended in connection with Applications for Zoning Amendments, Zoning Certificates, and all other types of approvals or appeals which are permitted or required by the provisions of the Zoning Resolution.  The schedule of fees, as amended, is set forth on Exhibit "A", attached hereto and incorporated as if fully set forth herein.

                 Section 2.       This Resolution shall take effect and be enforced from January 1, 2008.

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 re-appoint Philip Seibert, 11618 Rich Road (45140) to the Township Board of Zoning Appeals for a five year term ending December 31, 2012.
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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Old Business

Mr. Minamyer moved to adopt the following resolution and to dispense with the Second Reading:

RESOLUTION G-0747
       Resolution Authorizing Execution of Real Estate
         Purchase Contract with the Estate of
            Karl A. Sommers by Sandra Krieghoff, Executrix,
      and Sandra Krieghoff and Dispensing with the Second Reading

                 WHEREAS, the Board of Trustees of Symmes Township, Hamilton County, Ohio, has determined the necessity of purchasing certain property for public purpose; and

                 WHEREAS, the Estate of Karl A. Sommers by Sandra Krieghoff, Executrix, and Sandra Krieghoff have offered to sell to the Board of Trustees of Symmes Township the parcel of property listed in Attachment “A”, 8871 Mayrow, Cincinnati, Ohio 45249, Parcel No. 620-204-4 for public purpose; and

                 WHEREAS, a Purchase Contract has been prepared which sets forth reasonable terms and conditions for the acquisition of said property by the Symmes Township Board of Trustees.

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

                 Section 1.       Hereby enters into a Purchase Contract substantially in the form set forth on Attachment “A” hereto.  The purpose of the acquisition of this property is to purchase land for public purpose. 

                 Section 2.       Hereby authorizes and directs the Township Fiscal Officer to make necessary payments on behalf of Symmes Township as are in accordance with the terms set forth in said Purchase Contract.
                 Section 3.       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 and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

Mr. Minamyer moved to adopt the following resolution:

RESOLUTION G-0735
       Resolution Providing for the Abatement of
Junk and other Debris from
          Property Located at 11554 Enyart 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, the Board of Trustees of Symmes Township, Hamilton County, Ohio, enacted Resolution G-0417, Resolution Adopting New Regulations for the Storage of Junk Motor Vehicles and Providing Penalties for Violation of Said Regulations, on June 1, 2004; and

                 WHEREAS, a complaint has been received regarding the condition of property located at 11554 Enyart Road (Parcel 620-0180-0202); and

                 WHEREAS, a visual inspection of said property has revealed that the complaint is valid in that there are junk vehicles stored on the property, as well as other junk and debris; 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-0417 provides that the Board of Trustees of Symmes Township, Hamilton County, Ohio, may at its discretion take action against junk motor vehicles; 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 Resolutions G-8707 and G-0417 against parcel #620-0180-0202 - 11554 Enyart Road.

                 Section 2.       Hereby directs the Township Administrator to notify the property owner, Harvey H. Bodley, to remove the junk vehicles and 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.

Mrs. Wagner seconded the motion.

MR. BECKMAN noted that this is for property owned by Mr. Bodley and this matter had been tabled from the August 7 meeting in order to allow him to abate the nuisance.  Mr. Beckman stated he has indicated he will be moving.

MRS. WAGNER stated it appears that it has attempted to resolve the matter.  Mrs. Wagner expressed concern regarding the public process on this nuisance.

MR. BECKMAN noted that residents are advised when the issue will be on the agenda and invited to attend.

MR. BRYANT questioned how long the Township has attempted to resolve this matter with the property owner.

MR. BECKMAN indicated this has been a problem for at least seven years and the Township has attempted to work with the resident.

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

MR. MINAMYER noted the Board had requested the Township Administrator to review the status of the E. Kemper sidewalk.

MR. BECKMAN reported that plans for a sidewalk on the north side of E. Kemper Road from Kemperwoods Drives to Montgomery Road were done five years ago and therefore will need to be updated.  Mr. Beckman advised that sidewalk funds are limited.

MR. MINAMYER reminded the Board that this sidewalk was originally part of the transaction with Union Savings Bank and the development of Blong Memorial Park.  Mr. Minamyer stated he felt that completion of this sidewalk is important.

MR. BECKMAN reviewed several issues with the installation of sidewalks in the area.  Mr. Beckman stated he could further review sidewalk funding and report at a future meeting.

MR. BRYANT stated it appears that the Board considers the installation of sidewalks in this area to be a high priority.

MR. MINAMYER stated he would like to see the current natural trail maintained on the Harpers Station Greenspace.  Mr. Minamyer further stated he would just like to see this grass path maintained as is with no gravel or pavement.  Mr. Minamyer moved that the Board designated that area as a trail and direct Township Staff to maintain it in its current "unimproved" state.  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 the Township adopt the Ethics Policy as presented at the last meeting.  Mr. Bryant seconded the motion.

MRS. WAGNER stated she would like to table this to the December meeting.

MR. BRYANT stated he would like clarification regarding the financial disclosure portion.

MR. MINAMYER stated he agreed this could be removed and moved to strike that language from the proposed resolution under consideration.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

MR. BRYANT advised he would also like to table this to the December meeting in order to further review the proposed language.  Mr. Bryant stated he felt the intent was good.

MR. MINAMYER stated there is a problem with violating the confidentiality of Executive Session and that adoption of the new policy would protect future Boards.

Mr. Minamyer moved to table this topic to the December 4th meeting.  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-0748
       Resolution Directing Notice Be Given For the
         Removal, Repair, or Securance of a
         Structure Declared Unfit for Human Habitation
                 And Condemned By the District Board of
         Health of Hamilton County

                 WHEREAS, the structure located at 9558 Union Cemetery Road in Symmes Township, Hamilton County, Ohio has been determined by the District Board of Health of Hamilton County to be unfit for human habitation and has therefore been condemned; and

                 WHEREAS, Section 505.86 of the Ohio Revised Code and Resolution G-8706 of the Symmes Township Board of Trustees authorize and provide for procedures for the removal, repair or securance of any building or structure which has been deemed unfit for human habitation by the District Board of Health of Hamilton County; and

                 WHEREAS, in a Notice dated October 30, 2006, attached hereto as Exhibit A and incorporated herein by reference, the District Board of Health of Hamilton County condemned the dwelling located at 9558 Union Cemetery Road, providing that re-inspection would be required before the dwelling could be re-inhabited; and

                 WHEREAS, in a letter dated May 2, 2007, attached hereto as Exhibit B and incorporated herein by reference, Chief Fire Prevention Officer Otto J. Huber notified the individual believed to have a power of attorney for the subject property of such notice of condemnation, explaining that if corrective actions were not taken, Symmes Township may remove the building; and

                 WHEREAS, no action has been taken by the owner to remove, repair or secure the building on the subject property.

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

                 Section 1.       .Ohio Revised Code Section 505.86 and Symmes Township Resolution G-8706 are hereby invoked with respect to the property located at 9558 Union Cemetery Road (Hamilton County Auditor Parcel No. 620-0070-0065-00).

                 Section 2.       The Township Administrator, with such assistance of the Township Law Director as the Administrator deems appropriate, is hereby authorized and directed to take such necessary action to notify the owners and other holders of legal or equitable liens of record in said real estate, on behalf of the Board of Trustees of Symmes Township, that the structure declared to be unfit for human habitation by the District Board of Health of Hamilton County must be removed, repaired or secured within thirty (30) days.  Said notice shall be given in accordance with the requirements of R.C. 505.86 and Symmes Township Resolution G-8706.

                 Section 3.       If the structure is not removed, repaired or secured within the allotted time in a manner satisfactory to the District Board of Health of Hamilton County, the Township Administrator is hereby authorized and directed to proceed to procure bids for the removal of the structure, and then to forthwith proceed with the removal of said structure and the collection of the total costs incurred for such removal, all in accordance with Symmes Township Resolution G-8706.

                 Section 4.       This Resolution shall take effect on and after the earliest period allowed by law, following the filing of this Resolution with the Symmes Township Fiscal Officer.

                 Section 5.       It is hereby determined that all formal actions of the Board of Trustees relating to the adoption of this Resolution were taken in an open meeting of the Board of Township Trustees and that all deliberations of such Board of Trustees were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.

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

Mr. Minamyer moved to adopt the following resolution:

RESOLUTION G-0749
       Resolution Declaring the Necessity and
      Intention to Appropriate/Acquire Ownership Interest of
          Property Located Near Safety Service Center

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

                 WHEREAS, the Board of Trustees has determined that it is necessary to acquire the underlying ownership interest of two “orphaned” parcels of property located near the Safety Service Center; and

                 WHEREAS, the two such parcels appear to be remnants of prior subdivisions and neither such parcel support any use except for the assemblage with adjacent parcels which have already been acquired to support the Safety Services Center; and     

                 WHEREAS, the property is being appropriated/acquired in order to unify ownership and in furtherance of the assemblage of necessary property for the necessary Safety Service Center operations; and

                 WHEREAS, the Board of Trustees of Symmes Township is authorized pursuant to Revised Code Sections 511.11, 163.05, 719.01-719.21, inclusive, to appropriate such property; and

                 WHEREAS, the Board of Trustees has determined that it is necessary at this time to proceed with the acquisition of the real estate ownership interest in the real property hereinafter described in order to accomplish the goals for the public use of said property.

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

                 Section 1.       It is the intent of the Board of Trustees of Symmes Township to appropriate for public use the underlying ownership interest of the real property listed and identified on Exhibits “A” and “B”, and incorporated herein by reference, appropriating such property which is necessary in the public interest connected to right-of-way acquisition.

                 Section 2.       The purpose of said taking of interest in the real estate described herein above is for the public use, to-wit: For the purpose of unifying ownership and in furtherance of the assemblage of necessary property for the necessary Safety Service Center operations.

                 Section 4.       The Township Administrator, in cooperation with the Township Law Director, is hereby authorized and directed to cause written notices of the adoption of this Resolution to be given to the owners, persons in possession, or persons having an interest of record in the premises described on the attached Exhibit “A”.  Said notices shall be served according to law by persons so designated and such persons shall make return of service in a manner provided by law.

                 Section 5.       At any time subsequent to the effective date of this Resolution and prior to the passing of a Resolution to Appropriate, the Township Administrator, with the cooperation of the Township Law Director, is authorized to offer to purchase the real property interests of the real estate described in this Resolution at such price as shall not exceed the fair market value of the property as determined by a competent real estate appraiser retained by the Board of Trustees of Symmes Township.

                 Section 6.       The Trustees of Symmes Township upon majority vote do 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 7.       This Resolution shall take effect on and after the earliest period allowed by law, following the filing of this Resolution with the Symmes Township Fiscal Officer.

                 Section 8.       It is hereby determined that all formal actions of the Board of Trustees relating to the adoption of this Resolution were taken in an open meeting of the Board of Township Trustees and that all deliberations of such Board of Trustees were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.

Mrs. Wagner seconded the motion.

MR. BECKMAN explained that there are two small slivers which are not claimed by anyone and this resolution allows for the Township to take ownership.

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

MR. BECKMAN suggested the Board hold a special meeting on December 6 in order to present the toys from Operation Santa to the Marine Corp.

MR. MINAMYER moved to hold a special meeting on December 6, 2008 at 4:00 p.m. for the purpose of presentation of toys from Operation Santa to the Toys for Tots program.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

MR. BECKMAN stated he would like direction from the Board regarding improvements to Meade property such as the parking lot and restroom.

MR. MINAMYER noted the Township does have a commitment to the Symmes Historical Society for the completion of the parking lot and restroom.

MR. BRYANT stated he would like to see this table to next month in order to further review the estimated cost for this project, as well as available park funds.

The Board had no objection to tabling this discussion to the December meeting.

MR. MINAMYER stated the Township's health insurance is up for renewal.

MR. BECKMAN advised that Hamilton County has elected to go with Humana instead of Anthem for health insurance.  Mr. Beckman stated the Board needs to decide which option the Board will offer to the employees.

MR. MINAMYER moved to continue offering the "POS" option to the Township employees.  Mrs. Wagner seconded the motion and the roll call vote was as follows: Mr. Minamyer - 'aye'; Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'.

MR. BECKMAN questioned if the Board wished to accept the final report developed on Symmes history.

MR. MINAMYER stated this report was requested in order to assist in the development of the wording on the proposed plaques at the Blong Memorial Park.  Mr. Minamyer recommended that the Board accept this report and direct the Ad Hoc Blong Park Committee be asked to review this report and develop the wording.  The Board had no objection to this recommendation.

MR. MINAMYER questioned if the Board would like to take a position regarding the proposed fees for Hamilton County Public Works.  Mr. Minamyer recommended that a letter opposing these proposed fees be prepared for signature by the Board.  The Board had no objection to this recommendation.

Mr. Minamyer advised that several residents have requested that "Caution Deer" signage be considered for installation as required within the Township.

MRS. WAGNER stated this would require signage throughout the Township and felt that it was not required.

MR. BRYANT stated he understands the need for signage, but also agrees with Mrs. Wagner.

MR. MINAMYER stated it appears the Board is not in agreement with the requested signage.

Mr. Minamyer moved to authorize the reimbursement of expenses to attend the Ohio Township Association's Winter Convention (January 30 - February 2, 2008) in Columbus for Trustees, Fiscal Officer, Township Administrator and Assistant Fiscal Officer.  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 approve the following transfers:
                        a.       Transfer of $1,600.00 from 11-C-3 to 11-A-12
                        b.       Transfer of $2,000.00 from 1-A-27 1-B-7
                        c.       Transfer of $16,000.00 from 11-C-3 to 11-C-4
                        d.       Transfer of $10,000 from 1-A-27 to 1-B-1
                        e.       Transfer of $5,000 from 9-A-12 to 9-A-8
                        f.       Transfer $2,000 from 3-B-2 to 3-A-7
                        g.       Transfer $1,500 from 23-A-9 to 23-A-6
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 the Township Administrator to enter into an agreement with Rainbow Environmental for asbestos testing at 11887 Lebanon Road and to approve an expenditure (Then & Now) in the amount of $490.00.  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 authorize the Township Administrator to enter into an agreement with Rainbow Environmental for the removal of asbestos from 11887 Lebanon Road and to approve the expenditure in the amount of $380.00.  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 authorize amendments to Permament Appropriations as follows:
                 a.       1-A-10 from $70,000 to $125,000
                 b.       20-A-8 from $88,984.00 to $92,484.00
                 c.       9-A-7 from $1,000.00 to $2,000.00
                 d.       23-A-9 from $5,000.00 to $8,500.00
                 e.       14-A-4 from $6,500.00 to $7,700.00
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 approval a Change Order No. 1 with Hendy, Inc. for the Lebanon Road Sidewalk Project in the net amount of $15,759.00 and to approve said additional expenditure as Then & Now.  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 approve the following expenditures:
                        a.       Additional expenditure (Then & Now) in the amount of $235.00 for relocating server at the Safety Center
                        b.       Expenditure in the amount of $634.09 for 4th Quarter drug restock
                        c.       Expenditure in the amount of $2,395.47 for 4th Quarter ambulance supplies
                        d.       Expenditure in the amount of $797.50 for the purchase of plastic helmets for fire prevention
                        e.       Expenditure (Then & Now) in the amount of $2,772.00 for the replacement of a fuel tank for E15
                        f.       Additional expenditure (Then & Now) in the amount of $169.04 for consultant fees on Lebanon Road Sidewalk Project
                        g.       Expenditure in the amount of $1,899.04 for duct cleaning at the Administration and Service Department buildings
                        h.       Expenditure (Then & Now) in the amount of $13,242.22 for August legal services
                        i.       Expenditure in an amount not to exceed $1,000.00 for the purchase of a portable radar unit
                        j.       Expenditure in the amount of $3,522.00 for the installation of ice and water shield on the roof at the Safety Center
                        k.       Expenditure (Then & Now) in the amount of $1,200.00 for the purchase of printer for fire department
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 establish December 4, 2008 at 6:45 p.m. as the date for the annual Records Commission.  Mr. Bryant 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 MAJ Food, Inc., dba Ameristop Food Mart, 9390 Loveland Madeira (45242) to Mikbob Investments, LLC., dba Remington Market, 9390 Loveland Madeira (45242).

The Board had no objection to the liquor license transfer from Fondue Inc., dba Melting Pot, 11023 Montgomery (45249) to Southeast Fondue, LLC., 11032 Montgomery (45249).

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Executive Session

Mr. Minamyer moved that the Board enter Executive Session for the purpose of discussion the compensation of public employees and the consideration of the purchase 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 8:35 p.m.

The meeting reconvened from Executive Session at 9:20 p.m.

The meeting adjourned at 9:20 p.m.

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