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

 

All trustees and the clerk present

 

PLEDGE

 

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

 

EXECUTIVE SESSION

 

2004-456.Mrs. Mula moved to enter into Executive Session pursuant to ORC

121.22 regarding the police contract with Tom Hanslik, Clerk Austin and Police Chief Orosz.  Mr. Sevens seconded.  Roll call:  Mr. Montague, yes; Mr. Stevens, yes; Mrs. Mula, yes.  Motion passed.

 

The Board, Clerk and Mr. Hanslik entered Executive Session at 7:06 p.m.

 

The Board re-entered Regular Session at 7:55 p.m.

 

2004-457.    Mrs. Mula moved to approve a yearly retainer for Township legal services

from Joseph W. Diemert, Jr. & Associates Co., L.P.A., in the amount of $7,000.00 from the Police Budget Fund 9-A-10 payable in monthly installments.  This is to include representing the township on all Workers’ Compensation matters.  Any intense legal attention; such as, OPBA Sergeants, Officers and Dispatchers Contracts, negotiations, arbitration hearings, contested Workers’ Compensation claims, disciplinary hearings and appeals or in-depth research projects on major zoning issues or any matters of litigation, will be billed at $115.00 per hour on a monthly basis commencing 11-1-04 to 10-31-05.  Mr. Stevens seconded.  Discussion regarding addition of the monthly installments coming from the Police Budget Fund 9-A-10. Vote:  Unanimous.  Motion passed.  

 

CLERK’S FOLDER

 

2004-458.  Mrs. Mula moved to approve and sign minutes dated August 19, 2004.  Mr. Stevens seconded.  Vote:  Unanimous.  Motion passed.

 

2004-459.  Mrs. Mula moved to approve and sign Purchase Order #PO 40185 to

Concord Rd. Equip. Mfg., Inc., Paines., Ohio, for $6,590.00 for one Bonnell High

Country Snow Plow from Fund 4-A-04; #PO 40186 to Southeastern Equipment Co., Inc., Cambridge, Ohio, for $1,400.00 for grinder rental from Fund 4-A-04; #PO 40187 to Bank One, Dallas, Tx., for $350,832.04 for principal and interest to pay temporary finance of Cedar Road from Funds 30-A-08 and 16-A-01H and approve Voucher Warrant #VW 45930..   Mr. Stevens seconded.  Vote:  Unanimous.  Motion passed.

 

2004-460.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 $7,000.00 from line item account 01-A-12 PERS to line item account 01-B-4 Utilities.  

Mr. Stevens seconded.  Vote:  Unanimous.  Motion passed.

 

2004-461.  Mrs. Mula moved to approve and sign Voucher Warrants #VW 45917 through 45929.  Mr. Stevens seconded.  Vote:  Unanimous.  Motion passed.

 

Clerk’s note:  The ending # used on 9-29-04 was #45916; the beginning # used on

10-7-04 is #45917.

2004-462.  Mrs. Mula moved to approve and sign a letter addressed to Ron Cotman, Chairman, Citizens Advisory Committee, acknowledging the committee’s research regarding township-owned parcels.  Mr. Stevens seconded.  Vote:  Unanimous.  Motion passed.

 

Mrs. Mula said she spoke with Chief Orosz regarding a transfer of a liquor license at the Clark Service Station.  Information was only sent to the Police Dept. regarding some cases reported against this establishment.  The request is to request or not request a hearing before the Division of Liquor Control.

 

The Chief verified that he received this information and forwarded said information on to the Board of Trustees.  Discussion ensued regarding whether to r   equest or not to request a hearing.  After discussion, all of the Board members concur to request a hearing and contact Rebecca Schlag, Assistant Geauga County Prosecutor, for input on what to request from the Board of Liquor Control. 

 

The Chief concurs that a hearing would be in order regarding this establishment.

 

2004-463.  Mrs. Mula moved to request a hearing before the Division of Liquor Control in our county seat, Geauga County, for a transfer of liquor license from Clark Retail Enterprises, Inc., Chester Twp., to TAP Stations Inv. LLC dba Clark, Chester Twp.  Mr. Stevens seconded.  Vote:  Unanimous.  Motion passed.

 

Mrs. Mula requested a letter accompany said form to the Division of Liquor Control advising them that Karen M. N. Austin is the current clerk of the Chester Township since April 1, 2004. 

 

The Chief informed the Board that the AAA Pedestrian Safety Award has been awarded to Chester Township for this year.  He accepted the award on behalf of the citizens of Chester Township.

 

2004-464.  Mrs. Mula moved to approve sending letters of support for the Road, Police and Fire levies to the Chesterland News for publication on October 13, 2004.  Trustees suggested and concurred to some additions and/or corrections to the letters.  Mr. Stevens seconded.  Vote:  Unanimous.  Motion passed.

 

2004-465.      Mrs. Mula moved to approve and sign the Cemetery Deed and Cemetery Deed Book for William Lyons, Tallahasee, Fla. For Lot 420, Site 3, Section C, in the Chester Twp. Cemetery.  Mr. Stevens seconded.  Vote:  Unanimous.  Motion passed.

 

Discussion of the memo which the Board received from the Zoning Inspector requesting to attend a seminar on Land Use and Zoning Law Litigation in Ohio on December 17, 2004, in Cleveland, Ohio.  Cost for registration fee, parking and lunch is $289.00. 

 

Mrs. Mula noted that since December 17th is a Friday, Mr. Joyce will be entitled to be paid at a rate of pay at time and a half. 

 

2004-466.   Mrs. Mula moved to approve Zoning Inspector Michael Joyce to attend a Land Use and Zoning Law Litigation Seminar on December 17, 2004, in Cleveland, Ohio.  Cost of the registration, parking and lunch is $289.00.  Since December 17th is a Friday, if there is time and a half involved in that, then move to approve the amount of time and a half amounts to, which is about $27.00 per hour for time and a half.  Mr. Stevens asked if Mr. Joyce would be willing to adjust his zoning hours that week so that if at all possible, he is going at the regular hours.  Mr. Stevens seconded.  Vote:  Unanimous.  Motion passed. 

 

 

2004-467.  Mrs. Mula moved to approve Zoning Inspector Mike Joyce to attend the zoning seminar to be held on Wednesday, October 13, 2004, at the Bainbridge Town Hall at 7:00 p.m.  Clerk’s note:  Zoning Office hours will be canceled for this evening.   Mr. Stevens seconded.  Vote:  Unanimous.  Motion passed.            

 

2004-468.  Mrs. Mula moved  to approve the Nuisance Complaint Form to be added to the Policy Manual, Chester Township Policy Number Appendix D, Policy 1301 as prepared by the Zoning Inspector.  Mr. Stevens seconded.  Vote:  Unanimous.  Motion passed.

 

Discussion of letter received from Mary K. Krumweide, daughter of the new tenant Mary Alice Meitzner, addressing concerns in the apartment which the Township owns.  Mrs. Mula said since there is no agreement in place between the Board and Ms. Krumweide, daughter of Ms. Mietzner, requesting certain items be addressed in the apartment.  Rebecca Schlag, Assistant Geauga County Prosecutor, advised the Board that the letter should come from Ms. Meitzner or have a proof of Power of Attorney.    

 

Mrs. Mula said the new tenant was very anxious to do all of the work in the apartment so she could move into the apartment as of October 1, 2004.  Mrs. Mula will go into the apartment and view the apartment and appliances after a letter is received from Ms. Meitzner advising that she gives her permission for someone to enter the apartment, or, if a Power of Attorney is obtained. 

 

The Board concurs that a letter be sent to the tenant asking her for said letter.

 

Mr. Montague said the Rental Agreement should be revised to hold the deposit money for a period of time after the tenant has left the premises to determine the condition in which the rental was left.

 

Mrs. Mula referenced a memo from Pete Petersen, Building Maintenance, and a letter from the Canine Affair, one of our tenants, be forwarded on to the Road Superintendent asking that the requested update to the tenant at the Canine Affair be addressed as requested by the tenant.

 

2004-469.    Mrs. Mula moved to approve Mary Lou Fende permission to work on

Monday, October 11th (holiday) and replace Friday, November 26th, the day after

Thanksgiving, as her holiday.  Mr. Stevens seconded.  Vote:  Unanimous.  Motion passed.

 

INTERNAL AUDIT COMMITTEE

 

Mrs. Mula said she would read the names one by one for a comparison of lists prepared by the Trustees for their respective choices for the Committee. 

 

All Board members chose Helen Wilson.

 

2004-470.  Mrs. Mula moved to approve Helen Wilson to serve on the Chester Township Internal Audit Committee for a three year term.  Mr. Stevens seconded.  Roll Call Vote:  Mr. Montague, yes; Mr. Stevens, yes; Mrs. Mula, yes.  Motion passed.

 

Mr. Edward Alpern was chosen by all Trustees.

 

2004-471.Mrs. Mula moved to approve Edward Alpern to serve on the Chester

Township Internal Audit Committee for a one year term.  Mr. Stevens seconded.  Roll Call Vote:  Mr. Montague, yes; Mr. Stevens, yes; Mrs. Mula, yes.  Motion passed.

 

 

Ms. Judy Caputo was chosen by all Trustees.

 

2004-472.Mrs. Mula moved to approve Judy Caputo to serve on the Chester

Township Internal Audit Committee for a three year term.  Mr. Stevens seconded.  Roll Call Vote:  Mr. Montague, yes; Mr. Stevens, yes; Mrs. Mula, yes.  Motion passed.

 

Walt Holeski was chosen by two trustees.  Mr. Stevens said he had Cathy Cotman as his fourth choice.  However, he would adjust his vote and go along with Mr. Holeski.

 

All trustees concur that this was a difficult decision since all seven of the candidates were very well qualified.

 

2004-473.  Mrs. Mula moved to appoint Mr. Walt Holeski to serve on the Chester Township Internal Audit Committee for a two year period.  Mr. Stevens seconded.  Roll Call Vote:  Mr. Montague, yes; Mr. Stevens, yes; Mrs. Mula, yes.  Motion passed.

 

2004-474.Mrs. Mula moved to approve Charlie Stevens, Vice-chairman, as the

Trustee representative member of the Chester Township Internal Audit Committee.  The Clerk will be the facilitator of the committee.   Mr. Montague seconded.  Vote:  Unanimous.  Motion passed. 

 

Mrs. Mula said calls will be made to Mr. Lawrence, Mrs. Cotman and Mr. Yandell to notify them they were not chosen to serve on the IAC.  Letters will be sent to the candidates who were chosen to be on the Committee advising them of their appointment to the Chester Township Internal Audit Committee.

 

Mrs. Mula read the minutes, for the record, of the informational meeting she attended at the West Geauga School District of August 19, 2004, when Mr. and Mrs. Joseph brought attention to the alleged contamination on Carmichael Drive, which may be attached to this evening’s minutes, per the checking with the Prosecutor’s Office as to procedure.

 

Mr. Stevens explained the status on his investigation of the yellow pages invoice which was received at the Town Hall.  He will look into all phone books for information on Chester Twp. and report back to the Board with recommendations.

 

Cell phone policy information to be addressed at the next trustees meeting which was introduced by Mr. Stevens.  Updated work travel schedule will be re-distributed by Mr. Stevens for everyone’s information.

 

Mrs. Mula said she will contact Rebecca Schlag regarding having a meeting with Legal Counsel regarding Sherman Road, the Mayer property and the flooding situation on Marilyn Drive and contacting the two property owners on South Woodside. 

 

Information from the Dept. on Aging regarding clean-up for senior citizens to be addressed at the next trustees meeting.

 

Mr. Stevens said he has contacted the Road Superintendent and the Chagrin River Watershed Partners regarding a possible grant for the flooding problem which exists on Marilyn Drive.  He understands the grants are very difficult to obtain.

 

Mrs. Mula said she has had calls from Cedar Acres residents who are concerned a possible correction of the situation on Marilyn Drive could adversely affect the Cedar Acres area.

 

Mr. Ron Cotman feels the Board should look at the bigger picture of all flooding problems within the Township. 

ADJOURNMENT

 

There being no further business before the Board, Mrs. Mula adjourned the meeting at 9:20 p.m.

 

                                                                                 Respectfully submitted,

 

 

 

_______________________________                   _____________________________

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

 

 

 

_______________________________                   ______________

Charles R. Stevens, Vice-chairman                         Acceptance Date

 

 

 

_______________________________

James A. Montague, Trustee

 

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