The Chester Township Board of Trustees met in regular session Thursday, October 28, 2004, at 7:00 p.m. in the Town Hall Meeting Room.

Al trustees and the clerk present.

PLEDGE

The Board led the audience in reciting the Pledge of Allegiance to the Flag.

CLERK’S FOLDER

2004-494. Mrs. Mula moved to approve and sign Road Dept. Payroll Time Sheet

Dated October 23, 2004; Zoning and Office Administration Time Sheets dated October 23, 2004. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-495.Mrs. Mula moved to approve and sign Purchase Order #PO 40196 to

Squire, Sanders & Dempsey, Cleve., Ohio, for $5,000.00 for all legal services as bond

counsel in connection with $255,000 road imp. Bonds, from Fund 16-A-01H and Voucher Warrant #VW 46090; #PO 40197 to Lawyers Title Ins. Corp., Chardon, Ohio, for $913.00 for preliminary judicial report charge for property located at 9633 Sherman Rd. from Fund 01-A-26 approve Voucher Warrant #VW46095; #PO 40198 to Thrasher,

Dinsmore & Dolan, Chardon, Ohio for $4,794.53 for costs associated with the embezzlement reclamation from Fund 01-A-10 and approve and sign Voucher Warrant #VW 46098; #PO 40199 to Chesterland Fire Rescue, Inc., for $447,000.00 for second half payment of fire protection and emergency medical services agreement for year commencing 3-1-04 and terminating 2-28-05 from Fund 10-A-11 and approve Voucher

Warrant #VW 46111. Mr. Stevens seconded. Discussion ensued with regard to the fund associated with VW 40198. Call vote: Mr. Montague, no; Mr. Stevens, no; Mrs. Mula, no. Motion denied.

2004-496. Mrs. Mula moved to approve and sign Purchase Order #PO 40196 to Squire,

anders & Dempsey, Cleve., Ohio, for $5,000.00 for all legal services as bond counsel in connection with $255,000 road imp. Bonds, from Fund 16-A-01H and Voucher Warrant #VW 40090; $PO 401-97 to Lawyers Title Ins. Corp., Chardon, Ohio, for $913.00 for preliminary judicial report charge for property located at 9633 Sherman Rd., from Fund 01-A-26 and approve Voucher Warrant #VW 40095; #PO 40198 to Tharasher, Dinsmore & Dolan, Chardon, Ohio, for $4,794.53 for costs associated with the embezzlement reclamation from Fund 01-A-26D and approve and sign Voucher Warrant #VW 46098; #PO 40199 to Chesterland Fire Rescue, Inc., for $447,000 for second half payment of fire protection and emergency medical services agreement for year commencing 3-1-04 and terminating 2-28-95 from Fund 10-A-11 and approve Voucher Warrant #VW 46111. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-497. Mrs. Mula moved to approve authorization for the Township Clerk to execute an appropriation transfer of funds within the Road Dept. Fund in the amount of $2,000.00 from line item account 04-B-03A Township Share: Issue II Heath Road to line item account 04-A-06 Repairs for anticipated repairs through the end of the year. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-498.Mrs. Mula moved to approve authorization for the Township Clerk to

execute an appropriation transfer of funds within the Road Dept. Fund in the amount of 3,000.00 from line item account 04-B-03A Township Share: Issue II Heath Road to line item account 04-A-04 Tools and Equipment for purchase of equipment. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-499.Mrs. Mula moved to approve authorization for the Township Clerk to

execute an appropriation transfer of funds from the General Fund to the Road Dept. in the amount of $5,000.00 from line item account 16-A-01H Special Assessment Bond Retirement to line item account 04-B-03A Road Dept. - Township Share: Issue II Heath Road for reimbursement for legal fees paid on Cedar Road project in 2003. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-500. Mrs. Mula moved to approve authorization for the Township Clerk to execute an appropriation transfer of funds within the General Fund in the amount of $13,000.00 from line item account 01-A-10 Outside Legal Fees to 01-A-06B Health/Life Ins. to cover insurance expenses through the end of the year. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-501. Mrs. Mula moved to approve authorization for the Township Clerk to execute an appropriation transfer of funds within the General Fund in the amount of $1,876.00 from line item account 01-J-02 Supplies to 01-J-03 Other Expenses to cover expenses through end of year. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-502. Mrs. Mula moved to approve and sign Payroll Warrants #PY 46040 through

46078; Payroll Withholding Warrants #PW 46079 through 46087; Voucher Warrants #VW 46088 through 46089; #VW 46091 through 46094; #VW 46096 through 46097; #VW 46099 through 46111. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

Clerk’s note: The ending # used on 10-21-04 was #46039; the beginning # used on 10-28-04 is #46040.

2004-503. Mrs. Mula moved to approve and sign a letter to Rebecca Schlag, Assistant

Prosecuting Attorney, requesting to move forward in pursuing payment of monies owed by Joan Spellman per the Lease Agreement. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-504. Mrs. Mula moved to approve up to $36.00 for Trustee Stevens and Clerk

Austin to attend the Geauga County Township Association dinner meeting to be held Wednesday, November 10, 2004, at the Chagrin Valley Athletic Club. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-505. Mrs. Mula moved to approve and sign letter to Rebecca Schlag, Assistant

Prosecuting Attorney, for an opinion on Nos. 12 and 13 regarding the Purchase Agreement between Chester Township and the West Geauga School Board regarding Chester School. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

POLICE DEPT.

2004-506. Mrs. Mula moved to not request a hearing regarding transfer of liquor

permit from I M Y Inc., 8053 Mayfield Rd., Chester Twp. to Chesterland Enterprises LLC, 8053 Mayfield Road, Chester Township. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

ROAD DEPT.

2004-507. Mrs. Mula moved to go forward with the Geauga-Trumbull Solid Waste Mgt. District 2005 Christmas Tree Collection and Recycling Grant Application. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-508. Mrs. Mula moved to enter into an Agreement with the West Geauga School System to provide anti-skid materials for school snow removal operations at $22.62 per ton for all product used by April 30, 2005. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-509. Mrs. Mula moved to approve up to $20,000.00 for the purchase of a 2003 Chevy 2500 HD pick up truck from Ambrose, Inc., Chester Township from Fund

4-A-04. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

LANCE YANDELL – 8:00 P.M.

Lance Yandell, Trustee of the Chesterland Chamber of Commerce and member of the Beautification Committee gave an update to the Board on the progress of the Committee. Mr. Yandell would ask that the Road Dept. consider taking over the watering of the planters for next year solely on their own. Also, he wanted the township to volunteer to change the banners when necessary. Mrs. Mula said this would be discussed with the Road Superintendent at the beginning of spring.

ZONING DEPT.

Discussion ensued and explanation by the Zoning Inspector of the zoning violations regarding Joyce, et al v. Travarca and the request that the Board approve payment of one-half of the court costs; i.e., approximate amount is $50.00.

Mr. Montague feels that this matter has been before the Zoning Inspector for two years and the total court cost is only $90.76. Mr. Stevens said he will contact Ms. Schlag, Assistant Prosecuting Attorney regarding such cases, as to dismissals vs. other ways to end a case and keep the precedence.

Mrs. Mula is in favor of dismissal but not in favor of splitting court costs,

Mr. Montague also explained that if there is no violation and the property owner is in compliance, there is nothing to litigate.

Mrs. Mula said a letter will be draft a letter to Ms. Schlag advising her that the Board is not interested in splitting said court costs which total $90.76.

2004-510. Mrs. Mula moved that the Board not approve payment of splitting of the court costs regarding Joyce, et al v. Travarca GCCCP Case No. 03M001253 of $90.76. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

Discussion of the Zoning Inspector not being paid for over time hours listed on his time sheet. Mr. Joyce said he lists all of his hours on this time sheet for his hours worked in order to keep an accurate track of the hours he works. He knows he gets paid for only 80 hours per two week pay period..

Discussion ensued regarding over-time hours standards which Mr. Stevens has given to all trustees and the clerk for consideration of standards for over-time hours.

Clerk Austin said in past meetings, the Board has expressed interest in seeing and approving the time sheets for the Administration and Zoning Offices. She would like to see at least one trustee sign the time sheets.

Discussion ensued regarding the necessity of having all three trustees sign off on the time sheets for Administration and Zoning.

Mrs. Mula said as a compromise, she suggests one trustee initial the time sheet and the Clerk also sign off on the payroll time sheets for Town Hall and Zoning Office employees.

Mrs. Mula explained that an Application for Use of the Town Hall Meeting Room had been approved out of regular session. The request was for residents on Oak Hill (25) to meet and discuss the gas well that is proposed near their street. No one had a home large enough for 25 people for a meeting. Mr. Joyce was available to answer any questions which the Oak Hill residents had at their meeting.

Zoning Inspector Mike Joyce explained the history of the proposed gas well on East Hill Drive.

Discussion of cell phone policy. This matter is tabled to the November 11, 2004, trustees meeting.

Discussion of overtime standards and exemption to those standards.

Clerk Austin read a letter from the Geauga County Treasurer regarding inheritance tax which was collected during the month of September, 2004, totaling $70,865.72

Mrs. Mula asked that the minutes reflect that the Board of Trustees will forward a letter to the County Auditor’s Office which was received from the Chagrin River Land Conservancy regarding assessment of a parcel which the Conservancy now owns which has a road assessment (Sperry Road) on same.

Clerk Austin explained inside millage amounts in answer to a question which was raised at the Monday, October 21^st community forum at the Geauga West Library.

Per an item on a memo from Clerk Austin to the Board of Trustees, Mrs. Mula had asked for a spreadsheet regarding any outstanding loans which will be discussed at the regular Board of Trustees meeting on November 11, 2004.

EXECUTIVE SESSION

2004-511. Mrs. Mula moved to enter executive session pursuant to ORC 121.22

regarding personnel. Mr. Stevens seconded. Call vote: Mr. Montague, yes; Mr. Stevens, yes; Mrs. Mula, yes. Motion passed.

The Board and Clerk entered Executive Session at 8:45 p.m.

The Board and Clerk re-entered regular session at 9:05 p.m.

Mrs. Mula expressed her displeasure with the Clerk’s Assistant having overtime hours. She has requested flex time hours to be used for this purpose.

Today, Mrs. Mula assisted the Administrative Assistant with a copying project which lasted three hours. In Mrs. Mula’s opinion, this was a Clerk’s job and not that of a Township Trustee. A project like this needs to be shared and not just done by one person. Mrs. Mula felt that both the Administrative Assistant and the Assistant to the Clerk must share the work load when immediate projects like this are requested; this is the only fair way to complete such projects as they come up.

Discussion ensued regarding training of the Assistant to the Clerk on entering information on to the UAN system before the first of the year 2005.

Mrs. Mula said the training for the UAN will be tedious to learn in the beginning. We have four hours of free tech support from Mr. Long from the UAN to enter the information into the system.

Clerk Austin asked for a clarification of the Personnel Manual regarding who supervises the Assistant to the Clerk and the Administrative Assistant.

Mr. Stevens feels that if the Clerk needs the help from her Assistant, then the overtime should be approved.

Mrs. Mula suggested shifting the Assistant to the Clerk’s hours from 10:00 a.m. to 7:00 p.m. in order for this task to get completed.

Mr. Montague said if overtime is needed to efficiently get the UAN up and running by the first of the year. Can the Clerk make a commitment that the UAN will be up and running by the first of the year? Go ahead and approve the money up to $1,500.00.

Clerk Austin replied, most definitely.

Mr. Montague said normal work has to be done and kept up and the UAN must be up and running by the first of the year, then he’d consider it necessary. He has to trust the clerk’s judgment that the overtime is needed.

2004-512. Mr. Stevens moved to authorize the Clerk to authorize the Assistant to the

Clerk for five to eight hours of overtime per week for seven weeks over the next nine weeks to the end of the year. Mr. Montague seconded. Vote: Two, yes; One, no. Motion passed.

2004-513. Mrs. Mula moved to sign a letter thanking Administrative Assistant Mary Lou Fende for going above and beyond her daily duties in her service to the Township. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

ADJOURNMENT

There being no further business before the Board, Mrs. Mula adjourned the meeting at 9:34 p.m.

Respectfully submitted,

____________________________ ___________________________

Patricia M. Mula, Chairwoman Karen M. N. Austin, CPA, Clerk

____________________________ ____________

Charles R. Stevens, Vice-chairman Approval Date

_____________________________

James A. Montague, Trustee

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