The Chester Township Board of Trustees met in regular session Thursday, March 4, 2004, in the Town Hall Meeting Room at 6:00 p.m. Chairman James A. Montague, presided.

All trustees present. Mr. Montague appointed Mrs. Mula clerk pro-tem.

2004-94. Mr. Montague moved to enter Executive Session at 6:00 p.m. pursuant to

ORC 121.22 regarding pending litigation and invite David Joyce, Geauga County Prosecutor, to be present. Mrs. Mula seconded. Roll call vote: Mrs. Mula, yes; Mr. Stevens, yes; Mr. Montague, yes. Motion passed.

The Board re-entered regular session at 7:30 p.m.

PLEDGE

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

Mrs. Fende was present to record the minutes.

Mr. Montague said a request has been received by attorney Joseph Weiss for Mrs. Joan Spellman asking that she pay monthly rent in the amount of $750.00 along with the real estate taxes so she can remain in the Harold Drive home.

All trustees concur this is unacceptable. A letter addressed to Attorney Joseph Weiss will be prepared so-stating the Board’s decision.

2004-95. Mr. Montague moved to send a letter to Attorney Joseph Weiss, 8228 Mayfield Road, Chester Township, so-stating the Board’s decision to not accept the proposal from Joan Spellman to rent property at 12487 Harold Drive, Chester Township. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

2004-96. Mr. Montague moved to authorize the Prosecutor’s Office to act on behalf of Chester Township and file for a quitclaim deed on the Spellman property located at 12487 Harold Drive, Chester Township. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

Mr. Montague said Gary Wirtz of Pease-Kerr-Canfield Insurance Agency will be notified to put a rider on the township’s insurance for the home.

Mr. Montague explained the decisions of the Court this morning regarding Michael and Joan Spellman. Checks in the amount of an excess of $100,000.00 which were seized at the Spellman home, and the checks were turned over by Mrs. Spellman. The checks were turned over to the township tonight by Prosecutor David Joyce. The checks will be deposited tomorrow. The remaining vehicle will be turned over this Sunday, when Joan Spellman goes to jail, and the house quitclaimed over to the Township when the Prosecutor’s Office gets the paperwork completed. All furnishings and jewelry will also be turned over to the Township.

Fred Deming questioned why the Township is responsible for paying the expenses for this investigation.

Mr. Montague explained the position of the Board of Trustees. We had a commitment to go after this and to follow through on this investigation.

Mr. Montague said Prosecutor David Joyce will be having a public address on this whole matter in the future. The meeting will be well publicized for all those who are interested to be in attendance.

ROAD DEPT.

Road Superintendent Chuck Mascella said he has provided the Board with information for their review regarding a future purchase he wants to make of a tractor. He will be adding another quote for the Board’s consideration. The tractor is desperately needed for this year. This purchase is not be taken out of Road Department funds.

2004-97.Mr. Montague moved to approve and sign plans covering the proposed

construction of gas main and service on the north side of Sherman Road, south side of

Sherman Road, cross over Sherman Road, west side of Shiloh Drive as approved by the Road Superintendent. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-98. Mr. Montague moved to approve and sign a resolution requesting a speed limit of 40 MPH on Sherman Road (TR 90) to Heath Road (TR105) as recommended by the Geauga County Engineer. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

CLERK’S FOLDER

2004-99. Mr. Montague moved to approve and sign Road Dept. Payroll Time Sheet dated February 28, 2004. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-100. Mr. Montague moved to approve and sign Purchase Order #PO 40037. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

2004-101. Mr. Montague moved to transfer $20,000.00 from Fund 1-A-26 Other Expenses to Fund 1-A-10 Outside Legal Counsel for embezzlement reclamation expenses. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-102.Mr. Montague moved to approve and sign Payroll Warrants #PY 42460

through 42495; Payroll Withholding Warrants #PW 42496 through 42503; Payroll

Withholding Warrants #PW 42505 through 42507; Voucher Warrants #VW 42508 through 42527 and declare 42504 void due to printer error. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

Clerk’s Note: Payroll Warrant #PW 42460 void due to incorrect hours entered; replacement check #42528 issued.

Clerk’s Note: The ending voucher number on February 26, 2004, was 42459. The beginning voucher number on March 4, 2004 is 42460.

2004-103. Mr. Montague moved to approve $15,000.00 payable to Thresher, Dinsmore and Dolan for costs associated with the embezzlement reclamation from Fund 1-A-10.

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

2004-104.Mr. Montague moved to approve and sign a Consulting Agreement by

and between Cynthia Shea, “Consultant” and Chester Township of Trustees per the

recommendation of legal counsel. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

Discussion of designating a trustee and alternate trustee to the Chagrin River Watershed Partners, Inc. for 2004. Mr. Stevens and Mr. Montague agreed to represent Chester Township for 2004.

2004-105. Mrs. Mula moved to appoint Charles Stevens as Trustee and James Montage as Alternate Trustee to the Chagrin River Watershed Partners, Inc. for 2004. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-106. Mr. Montague moved to approve and sign a cemetery deed and

cemetery deed book for Joyce P. Miller, 8701 Mayfield Road, Lot 112, Chester Township, for Lot 437, Site 2, in Section C of the Chester Township Cemetery.

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

2005-107. Mr. Montague moved to approve payment to Mr. Richard DiCicco, 29435 Euclid Ave., Suite1, Wickliffe, Ohio, 44092, for costs associated with the investigation of Mr. Spellman in a total amount of $77,985.00. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

PUBLIC INPUT

Question and comments taken from the public and answered by the Board of Trustees.

Mr. Montague announced a meeting has been set with Gus Saikaly from Water Resources to be held at 7:00 p.m. on Wednesday, March 31, 2004, at the Geauga West Library regarding the pressure line being added to the Valley View Treatment Plant.

Mrs. Mula read the letter the Board received on February 25, 2004, from Auditor of State Betty Montgomery. Said letter attached to the minutes and to be sent to the Chesterland News for publication.

ADJOURNMENT

There being no further business before the Board, Mr. Montague adjourned he meeting at 8:31 p.m.

Respectfully submitted,

________________________________ _____________________________

James A. Montague, Chairman Patricia M. Mula, Clerk pro-tem

________________________________ _____________

Patricia M. Mula, Vice-chairwoman Approval Date

________________________________

Charles R. Stevens, Trustee

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