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MINUTES OF
SYMMES TOWNSHIP TRUSTEES
SPECIAL MEETING
DECEMBER 9, 2008

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

Opening | New Business | Executive Session

Opening

The meeting was called to order at 5:45 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.

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Executive Session

Mrs. Wagner moved that the Board enter Executive Session to consider the purchase of real property.  Mr. Bryant seconded the motion and the roll call vote was as follows:  Mrs. Wagner - 'aye'; Mr. Bryant - 'aye'; Mr. Beck - 'aye'.

The meeting adjourned for Executive Session at 5:46 p.m.

The meeting reconvened from Executive Session at 6:02 p.m.

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New Business

   MRS. WAGNER moved to adopt the following resolution:

RESOLUTION G-0848
   RESOLUTION AUTHORIZING EXECUTION OF REAL ESTATE PURCHASE
  CONTRACT WITH TRI-STATE MANUFACTURING CO., INC., AND
        ARTHUR ROZZI, SUCCESSOR TRUSTEE OF THE JOSEPH ROZZI TRUST
DATED JUNE 17, 1992, AS FURTHER AMENDED BY AMENDMENTS
          DATED 9/24/96, 3/16-98, 11/21/01, AND 3/8/04, ARTHUR ROZZI,
               AND JEANNETTE ROZZI AND DISPENSING WITH SECOND READING

       WHEREAS, Rozzi, Inc., Tri-State Manufacturing, and the Rozzi family are recognized far and wide for their high standard of excellence in presenting outstanding firework displays celebrating and commemorating events for the enjoyment of all; and

           WHEREAS, the Board of Township Trustees recognizes their long standing as positive business members of the community; and

           WHEREAS, the Electors of the Township adopted a levy in May 2007 which enabled the Board of Township Trustees to investigate and pursue the significant expansion of park and recreational areas within Symmes Township; and

           WHEREAS, Rozzi, Inc., Tri-State Manufacturing and the Rozzi family have worked with Board of Township Trustees to establish reasonable and mutually agreeable terms for the acquisition of approximately 49.7364 acres of real estate by the Board of Township Trustees; and

           WHEREAS, the Township has retained experienced consultants to evaluate the conditions on the property and its suitability for park and recreational purposes; and

           WHEREAS, the Board of Trustees of Symmes Township has determined that the acquisition of the subject property will provide necessary and suitable recreational areas and green spaces for the benefit of present and future generations living and raising families within the community; and 

           WHEREAS, the Board of Trustees of Symmes Township has determined to undertake actions which will further the establishment and preservation of green spaces and recreational areas for the benefit of the community and which will enhance the health, safety and welfare of all the people who live, work or otherwise experience the vitality and spirit of Symmes Township; and

           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 TRI-STATE MANUFACTURING CO., INC. and ARTHUR ROZZI, SUCCESSOR TRUSTEE OF THE JOSEPH ROZZI TRUST DATED JUNE 17, 1992, AS FURTHER AMENDED BY AMENDMENTS DATED 9/24/96, 3/16-98, 11/21/01, AND 3/8/04, ARTHUR ROZZI, AND JEANNETTE ROZZI have offered to sell to the Board of Trustees of Symmes Township the parcel of property listed in Attachment “A”, located at 11605 Lebanon Road, 11709 Lebanon Road, and 9805 Union Cemetery Road, in Hamilton County, Ohio, Symmes Township, Ohio 45140, known on the Hamilton County, Ohio Auditor’s records Parcel Numbers 620-70-17, 620-70-18, 620-70-40, 620-70-42, 620-70-222, for public purpose; and

           WHEREAS, a Contract to Purchase 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 Contract to Purchase, and all relevant Exhibits attached thereto, (Exhibit C, “Lease Agreement”; Exhibit D “Escrow Agreement”) substantially in the forms set forth on Attachment “B” 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 Contract to Purchase.

       Section 3.         Hereby authorizes and directs the Township Administrator to execute any and all closing documents on behalf of the Board of Trustees and to ensure that all documents are in accordance with the terms set forth in said Contract to Purchase.

       Section 4.         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 5.         This Resolution shall take effect and be enforced from and after the earliest period allowed by law.

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

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 P-0805.  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 at 6:25 p.m.

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