The Chester Township Board of Trustees met in regular
session Thursday, August 19, 2004,
in the Town Hall Meeting Room at 6:14 p.m. Chairman James A.
Montague, presided and appointed Mrs. Patricia
M. Mula, Clerk Pro Tem.
All trustees were present.
EXECUTIVE SESSION
2004-358. Mr.
Montague moved for the Board of Trustees to enter Executive Session pursuant to
ORC 121.22 regarding Pending Litigation with
Thrasher, Dinsmore and Dolan. Mr. Stevens
seconded.
Call vote: Mr.
Stevens, yes; Mrs. Mula, yes; Mr.
Montague, yes.
Motion passed.
The Board re-entered regular session at 7:02 p.m.
Clerk Austin was
now present.
EXECUTIVE SESSION
2004-359. Mr.
Montague moved for the Board of Trustees to enter Executive Session pursuant to
ORC 121.22 regarding Union Negotiations and
employee discipline and invite the Police Chief and a representative from Diemert
& Associates, Tom Hanslik. Mrs.
Mula seconded.
Call vote: Mr.
Stevens, yes; Mrs. Mula, yes; Mr.
Montague, yes.
Motion passed.
The Board and Chief re-entered regular session at 7:30 p.m.
JAMES A. MONTAGUE
Mr. Montague announced that
he will step down as Chairman of the Board of Trustees, immediately. Nominations from the floor should be taken.
Mrs. Mula said upon the
basis of a conversation she had with legal counsel, Rebecca Schlag, that Ms.
Schlag stated that if the Chair steps down, then the Vice Chair steps in. Mr. Montague
said that if that’s what legal counsel advised, then that was what should be
done.
Ms. Mula affirmed that Mr.
Montague wanted to step down. He acknowledged that to be his intention. Then, Mrs.
Mula took the position of Chair of the Chester Twp.
Board of Trustees.
Mrs. Mula commended Mr.
Montague on his past superior service to the Board as the Chairman of the Board
of Trustees.
At this time, Mrs. Mula opened the
floor for nominations for the position of Vice-chair.
2004-360. Mr.
Montague nominated Mr. Stevens as Vice-chair. Mrs. Mula
seconded.
Vote: Unanimous. Motion passed.
2004-361. Mr.
Montague moved no close the nominations. Mrs. Mula
seconded.
Vote: Unanimous. Motion passed.
CLERK’S FOLDER
2004-362. Mrs.
Mula moved to approve and sign minutes dated August 12 and 14, 2004. Mr. Stevens
seconded.
Vote: Unanimous. Motion passed.
2004-363. Mrs.
Mula moved to approve and sign Road Dept.
Payroll 8-14-04. Mr. Montague
seconded.
Vote: Unanimous. Motion passed.
2004-364. Mrs.
Mula moved to authorize the township clerk to execute an
appropriation transfer of funds within the General Fund in
the amount of $5,000.00 from line item account
01-A-10 Outside Legal Counsel t line item account 01-A-06A
PEP/Comprehensive/surety bonds to cover OTARMA invoice. Mr. Stevens
seconded.
Vote: Unanimous. Motion passed.
2004-365. Mrs.
Mula moved to approve and sign Payroll Warrants #PW 45540 through
45554; Payroll Warrants #PW 45556 through 45582; Payroll
Warrants #PW 45583
through 45592; Payroll Withholding Warrant #PY 45593;
Payroll Withholding Warrants #PW 45594 through 45595; Voucher Warrants #VW
45596 through 45616 and declare #45555 void due to printer error. Mr. Montague
seconded.
Vote: Unanimous. Motion passed.
Clerk’s note: Ending
voucher # on 8-12-04 was
#45539; the beginning voucher # on
8-19-04
is #45540.
2004-366. Mrs.
Mula moved to approve A RESOLUTION ACCEPTING THE
AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND
AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING
THEM TO THE COUNTY
AUDITOR. Mr. Stevens
seconded.
Roll call vote: Mr.
Montague, yes; Mr. Stevens, yes; Mrs.
Mula, yes.
Motion passed.
2004-367. Mrs.
Mula moved to initial the Disclosure of Agency Relationship and Offer to
Purchase Real Estate and initial and sign the Seller’s Acceptance for property
at 12487 Harold Drive. Mr. Montague
seconded.
Vote: Unanimous. Motion passed.
2004-368. Mrs.
Mula moved to approve and sign a letter addressed to Rebecca Schlag, Assistant
Prosecuting Attorney, requesting clarification on House Bill 148. Mr. Stevens
seconded.
Vote: Unanimous. Motion passed.
2004-369. Mr.
Montague moved to approve and sign a letter to Fire Chief William
Russell regarding the notification to the Board of Trustees
when situation(s) occur in Chester Township
with copies to the Geauga County Health Dept.,
the Ohio EPA, West Geauga
School District and the Geauga Soil
and Water District. Mrs. Mula
seconded.
Vote: Unanimous. Motion passed.
POLICE DEPT.
2004-370. Mrs.
Mula moved to adopt a policy and procedure establishing security for
the LEADS/NCIC terminals as required by Section 3/2 of the
LEADS Operating
Manual and Administrative Rule 4501:0-10-06. Mr. Stevens seconded. Vote:
Unanimous. Motion passed.
The Chief answered questions from the audience regarding the
policy and procedure establishing security for the LEADS/NCIC terminals.
2004-371. Mrs.
Mula moved to approve up to $7,644.13 ($6,804.92
Principal + $839.21 Interest) payable to Ford
Motor Credit Co., Detroit,
Michigan.
for the third lease payment on last year’s cruisers from Fund 9-A-10. Mr. Montague
seconded.
Vote: Unanimous. Motion passed.
Chief Orosz commended Mr.
Montague on his past service as Chairman of the Board of Trustees.
Mrs. Mula said a 4-H Club
was present to demonstrate how to correctly muzzle a dog which is for the
safety of police personnel and the citizenry. Said demonstration proceeded along with an
explanation of 4-H by Amanda Zanella at this time.
Donations of muzzles from the 4-H Club were accepted by the Board of Trustees
and given to Chief Orosz. Amanda Zanella and the 4-H Club were thanked
by the Board of Trustees for their demonstration and donation.
Mrs. Kathy Cotman asked
about the expenses for Captain Purchase to attend the F.B.I.
Academy.
The Chief explained that the $ 2,000 that the Board of Trustees approved was
the total expenses of this training and that it was coming out of the Police
Department’s training budget.
ROAD DEPT.
2004-372. Mrs.
Mula moved to approve up to $1,409.50 payable
to Best Truck,
Willoughby, Ohio,
for the purchase of ten ¾” x 8” x 132” blades and two 5/8” x 6” x 132” blades
from Fund 4-A-07. Mr. Stevens
seconded.
Vote: Unanimous. Motion passed.
The speed study is almost complete for Cedar
Road. The Road Superintendent stated that a traffic
count was the only remaining item needed and the Road Dept.
would be able to complete that task the following week. With this information, the request for a
reduction in the speed limit on Cedar Road
would be completed and forwarded to Columbus
for their consideration in a speed limit reduction. It probably will take at least a month to
hear back from Columbus.
Mrs. Mula inquired that
when the solar school zone lights go up, will this then be a regular school
zone.
The Road Superintendent said yes. The Road Dept.
will notify Geauga County
so it can also be sent to Columbus.
The Road Superintendent requested that if any of the
employees in the Road Dept. would like to
attend the golf outing for the benefit of the Road Dept.
be permitted to use Friday, September 10th as the Labor Day holiday instead
of Monday, September 6th.
2004-373. Mrs.
Mula moved to approve Road Dept. employees
participating on Friday, September 10th, in the Road Dept.
golf outing be permitted to use the holiday, Monday, September 6th,
2004, in exchange. Mr. Montague
seconded.
Motion passed.
Mr. Mascella said the
grinding took place today by the County near Caves
Road on Sherman Road
in an effort to slow the speed at that intersection. A stop bar will be installed.
In regards to the paving of Sherman
Road, a letter of concern has been received from a
resident who does not wish to accept the dollar amount offered to them by the
township for the easements needed for that paving project. The Board of Trustees does not want to take
the land by right of eminent domain. Various options were discussed by the Board
regarding possible solutions to the situations. The Board asked the Road Superintendent to
have additional discussions with the landowners.
Road Superintendent, Mascella, addressed the letter received
from a resident at the corner of Maple and Ward regarding the water issue and
the flooding at that corner.
Mrs. Mula asked the Road
Superintendent to address a letter to the two residents on the cul-de-sac on South
Woodside Drive in regards to cleaning out the
basin on their individual properties. Mr. Montague
asked for further research into those properties deeds, based on conversations
he had with other residents who stated to him that there is a clause in those deeds
regarding the owners responsibility to keep the basin clean.
2004-374.
Mrs. Mula moved to
approve up to $800.00 payable to the
Chesterland
Chamber of Commerce, Chest.
Twp, $400.00 of which is payable at the
present time with the balance of $400.00
payable after Labor Day for the emergency pages in the 2005 Chesterland
Telephone Directory. Mr. Stevens
seconded.
Vote: Unanimous. Motion passed.
Two applications have been received for the rental of the
apartment which the township owns on Mayfield Road. Both applications were received on the same
day, with follow up by both individuals on the same day. The Board feels the only fair way to determine
which person would get the rental of the apartment would be to flip a coin. After the toss of the coin, Joan Swartz was
the winner.
Ms. Swartz will be notified since she
was chosen to rent the apartment.
ZONING DEPT.
Zoning Inspector Mike Joyce referenced House Bill 278
regarding any regulations on gas and oil well operations being under the regulations
of the township. Notification is not available since Chester
Twp. is not large enough under the
notification policy. The only person who will be notified is the County
Engineer.
Mr. Stevens read a letter drafted
by Mr. Joyce for the Board of Trustees to sign
requesting that the weekly circular prepared by the Division of Mineral
Resources to the County Engineer
be provided to the township via fax to Township Hall or the e-mail of Mary
Lou Fende, Administrative Assistant, by the County
Engineer’s Office.
2004-375. Mrs.
Mula moved to approve the letter which Mr.
Joyce prepared to R. L.
Geauga County Engineer, to supply
Chester Township Board of Trustees with the information with a copy to the fire
department.
Mr. Stevens seconded.
Vote: unanimous. Motion passed.
Mr. Joyce read the press
release regarding the up-coming meeting which is being hosted in the Chester
Town Hall on August 25, 2004, at 7:00 p.m.
Dave Dietrich, Planning Director, has informed Mr.
Joyce that the upcoming 16th Annual Zoning Workshop would be an
informative workshop for him and the members of the various zoning boards to
attend.
If three or more people attend, the price is $75.00
per person.
This matter will be placed on agenda of August 26th.
PUBLIC INPUT
The Board and the Clerk answered questions from the audience
about the auction of the items in the former Spellman residence. It is the understanding of the Board that the
Prosecutor holds items of the Spellman’s because of a case which is ongoing. Such items when released to Chester Twp.
will also be auctioned off.
The Board and the Clerk answered questions and concerns from
the audience regarding finance and procedures which are in place for accuracy
in all procedures presently in place in the Clerk’s Office.
CARMICHAEL DRIVE ALLEGED CONTAMINATION
Mrs. Val Joseph of Carmichael
Drive asked the Board if they knew what was
happening about the alleged contamination from the School by the School in the
creek by Carmichael Dr.
Mrs.
Mula state she talked to Dr. Podojil today
because when she walking today she noticed that cars were leaving a whitish
kind of bubbly substance on the surface. So she called him and told him about it and
he stated that it would be about a week before the analysis would come back
from everybody as to what exactly it is.
Mrs. Joseph stated that she
spoke to Mrs. Mula regarding the alleged
contamination on August 6th but didn’t believe Mrs.
Mula had seen the pictures of the contaminated creek. Mrs. Joseph
brought the pictures up to the Board for them to look at.
Mr. Ted Joseph stated he
had waited patiently to see if the Board had any questions for him. He noticed that one of the letters that the
Board signed tonight was expressing concern to the Board of Education about the
alleged contamination and would the Board like to hear from The Joseph’s, who
are living this, and not just from Tony Podojil.
Mrs. Mula stated that the
letter was not just to the Board of Education but to all agencies involved that
the Board of Trustees should have been informed about this situation that arose
in the Township and not just from reading it in the newspapers.
Mr. Joseph referenced the
time line of all of the agencies which he knows of who were contacted about
this situation from July 24th through August 12, 2004. They are: The Sheriff’s Dept.,
Fire Chief Bill Russell, Reggie Brown of the Ohio EPA, Ken Folsom, Emergency
Preparedness Dept., Mrs.
Pat Mula of the Chester Township Board of Trustees, Sally Gillmore of the West
Geauga Board of Education, Dr. Tony Podojil
and Dan Lelof of the West Geauga Schools and Robert Weisdack of the Geauga County
Health Dept. An explanation was given by Mr.
Joseph to the Board and the audience. A determination was that the floors were
being stripped in the hallways of the Schools, and stripping solution and wax
were poured down the drain which leaked into the waterway on Carmichael
Drive. The Fire Chief had some guys borrow a truck
from the Road Dept. They backed up the dump
truck and dumped soil into the ditch to block the ditch. The groundwater in the ditch also turned red. On
August 12th the ditch was cleaned out by the School’s and Fire Dept.
and things were pretty good. Then, that night, while the damn was still in
place, but after the cleanup, mysteriously about 10,000 gallons of water was in
fluxed into the School’s waste water treatment plant, which broke the damn and
water again was flowing freely through the creek. Dr. Podojil,
Mr. Lelof and the person who runs the plant
had no idea of what happened or why that amount of water would have went
through the plant. At this time, the tests are not back, but The
Joseph’s have been assured that the substances would not be toxic.
Mr. Joseph said he has
ordered a very expensive water test for their well because of the past
experience and the fear which they experienced over this period of time.
Mr. Joseph stated that Mrs.
Joseph talked to Pat Mula on August 6th
to make the Board aware of the situation and were advised to call
Sally Gilmore or any other member of the West Geauga Board of Education and Mrs.
Joseph was given the phone numbers of those people. Then on Saturday, August 7th, Mrs.
Mula advised them to call the Fire Dept.
because it was a weekend. By the contact with Mrs.
Mula, the Joseph’s felt they made the Board aware of the situation.
Mrs. Mula stated that Mrs.
Joseph told her that a janitor had accidentally put the wax down the wrong
drain. Mrs.
Mula stated that it wasn’t red then and that what was explained to her was the
same situation that the Joseph’s encountered two year ago.
Mrs.
Mula feels that it is in the hands of the proper people to determine what
happened.
Mr. Montague inquired as to
when the News-Herald ran the alleged contamination story. The response was Thursday, August 12th. And he asked the Joseph’s when they contacted
Pat.
They stated August 6th. Mr. Montage
stated to Mrs. Mula that she knew prior to the
newspaper article that there was a problem down there. Mrs. Mula
stated that it was the wax story and she talked to Tony and he told her it was
a janitor who poured the wax down the wrong drain.
Mr. Montague explained that
this whole discussion arose when he read the article in the News-Herald on the
12th. When he brought it up to the Board on
the 12th, neither Mr. Stevens nor
Mrs. Mula stated that they were aware of this
situation until they read it in the newspaper that day. Mr. Montague
stated that in his opinion and only his opinion that The Joseph’s are not getting
a lot of help from the entities involved. His only other suggestion is to go directly
to the County Commissioners,
as the property is not on Township owned land and the other proper agencies
seem to be involved. The Commissioners’ have a lot more to say
over County Agencies. The Board of Chester Township will write what
ever letters necessary to help The Joseph’s out. The County
Commissioners meet weekly. The Chester Township Board of Trustees have jurisdiction
only over the Fire Dept. and there will be discussions
as to why the Board was not notified on this problem by the Fire Dept.
ADJOURNMENT
There being no further business before the Board, Mrs.
Mula adjourned the meeting at 9:50 p.m.
Respectfully
submitted,
__________________________________ _____________________________
Patricia M. Mula, Chair Pro
tem &
Karen M. N.
Austin, CPA, Clerk
Chairwoman
__________________________________ ____________
Charles R. Stevens,
Vice-Chairman
Approval Date
__________________________________
James A. Montague, Chairman & Trustee
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