The Chester Township Board of Trustees met in regular session Wednesday, September 29, 2004, in the Town Hall Meeting Room at 6:30 p.m. Chairwoman Patricia M. Mula, presided.

PLEDGE

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

CLERK’S FOLDER

2004-439. Mrs. Mula moved to approve and sign Road Dept. Payroll Time Sheet dated 9-25-04. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-440. Mrs. Mula moved to amend the Certificate of Estimated Resources in the

amount of $89,875.72 and $255,000.00. The $89,875.72 were cash payments on the

assessments for Cedar Road and the $255,000.00 is the bond issue for Cedar Road. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-441. Mrs. Mula moved to approve an appropriation of $255,000.00 and $89,875.72 to Fund 16-A-01H. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-442.Mrs. Mula moved to approve an authorization for the Township Clerk to

execute an appropriation transfer of funds within the Road Fund in the amount of

$1,000.00 from line item account 4-A-04 Tools and Equipment to line item account

4-A-09 Utilities for payment of utilities through the end of the year. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-443.Mrs. Mula moved to approve authorization for the Township Clerk to

execute an appropriation transfer of funds within the Road Fund in the amount of $1,000.00 from item account 4-A-04 Tools and Equipment to line item account 4-A-06 Repairs for payment of repairs through the end of the year. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-444. Mrs. Mula moved to approve authorization for the Township Clerk to execute an appropriation transfer of funds within the Motor Vehicle Fund in the amount of $20,000.00 from line item account 2-B-01 Salaries to line item account 2-B-03 Contracts for payment of the balance of Issue II and Ronyak work on Chesterfield Lane and Woodlands Trail. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-445.Mrs. Mula moved to approve an authorization for the Township Clerk to

execute an appropriation transfer of funds within the Police Fund in the amount of

$22,000.00 from line item account 9-A-01 Salaries to line item account 9-A-12 Insurance for payment of insurance through the end of the year. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-446.Mrs. Mula moved to approve Purchase Orders #PO 40181 to Pavement

Technology, Inc., Westlake, Ohio, for $14,650.00 for application of asphalt

rejuvenator on various township roads from Fund 4-B-03; #PO 40182 to Concord Rd. Equip. Mfg., Inc., Painesville, Ohio, for $33,690.00 for the purchase of a dump body and hydraulic system and installation on the new International cab and chassis from Fund

4-A-04; #PO 40183 to Newbury Sandblasting & Painting, Newbury, Ohio, for $3,000.00 for sandblasting and painting of two trucks from Fund 4-A-06; #PO 40184

to Bank One, Columbus, Ohio, for $114,712.50 for payment on the TAN loan (principal $111,000.00; interest $3,712.50) from Fund 9-A-04. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-447.Mrs. Mula moved to approve $6,590.00 payable to Concord Rd. Equip.

Mfg., Inc., Painesville, Ohio, for one Bonnell High Country Snow Plow model

11SP42MX1 from Fund 4-A-04. Mr. Stevens seconded. Mrs. Mula noted for the record that this is a replacement of a snow plow that is no longer repairable or usable. This is part of the long term replacement of equipment program which is under the Township Road Superintendent’s plan. Motion passed.

Discussion of the approval of $297.00 payable to Allied Telephone Directories Yellow Pages. All trustees concur to table this matter until further investigation by Mr. Stevens.

2004-448. Mrs. Mula moved to table the approval of $297.00 to payable Allied Telephone Directories Yellow Pages for Chester Township listing under Government Office until a future meeting. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-449. Mrs. Mula moved to approve and sign Payroll Vouchers #PY 45843 through 45877; Payroll Withholding Warrants #PW 45878 through 45887; Voucher Warrants #VW 45888 through 45916. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

Clerk’s Note: the ending voucher # on 9-23-04 was #45842; the beginning # on

9-29-04 is #45843. Clarification by Clerk Austin of an item which was an incorrect check number listed on last week’s Pending Warrant Report.

2004-450. Mrs. Mula moved to not object under ORC 4303.271 (B) to the Ohio Department of Commerce, Div. of Liquor Control for all establishments that sell alcoholic beverages in Chester Township. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-451. Mrs. Mula moved to approve the West Geauga High School to access Cedar Rd. & Chillicothe Rd. for their annual Homecoming Parade on Oct. 22, 2004, between 5:30 p.m. & 7:00 p.m. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

INTERNAL AUDIT COMMITTEE

Interview of Mr. Alpern, applicant for the Internal Audit Committee.

The Board discussed how the members of the Internal Audit Committee will be chosen and decided they would each pick four members and then compare lists. If a person was named by all trustees, they would be on the committee any additional members needed would then be discussed by the trustees and then decided upon.

CONTINUATION OF REGULAR MEETING

Discussion of inclusion of attached information to Resolution regarding Board Resolution 2004-289 in the minutes dated June 24, 2004.

2004-452. Mrs. Mula moved to approve amending the minutes of June 24, 2004, to

correctly reflect Board approval of the Board Resolution 2004-289 which was not to include the guidelines as part of the minutes or resolution. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

Mrs. Mula referenced a copy of a letter to Network Solutions from Assistant Prosecutor Rebecca Schlag regarding securing Chestertwp.org as a domain name which she sent to explaining the circumstances regarding the history of the former clerk who embezzled

funds from the township who is presently serving jail time. Clerk’s Note: said letter to

be attached to the minutes.

CAVES ROAD

2004-453. Mrs. Mula moved to authorize Clerk Karen Austin to serve as the Chief Executive Officer and Certifying Representative to apply for Ohio Public Works Commission. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-454. Mrs. Mula moved to approve and sign a Resolution of Convenience & Necessity

for the Improvement of Section D of Caves Road, Chester Township, Geauga County, Ohio

as provided. Mr. Stevens seconded. Roll call vote: Mr. Montague, yes; Mr. Stevens, yes;

Mrs. Mula, yes. Motion passed.

AUCTION FINANCIAL REPORT

Clerk Austin explained the other forms of restitution monies and restitution and prosecutor’s expenses were discussed. The amount which the Township has is $333,003.81. Clerk Austin to attach financial report to the minutes.

Mr. Montague said Joseph Weiss the attorney for Mrs. Spellman will be meeting with him next week regarding the money she owes the township for back real estate taxes and sewer fees. If he is not successful, the matter will be forwarded on to our legal counsel for Court resolution.

A discussion ensued in regards to the TAN Loan and the Salamone property loan which still have one year left on both loans. The Chairwoman asked the clerk to see how much money the township could save if these loans were paid off from the proceeds . The restitution could be dollars used to pay off these loans. The Clerk said she would look into that matter. The Clerk made the trustees aware of several things which should be given considerable consideration before any of the restitution monies are spent; these included the fact that all departments lost tax dollars in the theft, there is continuing litigation at this time and that the best course of action would be to wait until all expenses are incurred and paid in relation to this situation before the recovered monies are spent.

SPECIAL PROJECTS

Mrs. Mula asked for the Board’s input regarding the reinstatement of Special Projects for Mike Joyce, Zoning Inspector.

Mr. Stevens asked for a clarification of over-time when employees take on a special project over the 40 hour work week. If this does go forward, a number of hours should

be attached to the overtime.

Mrs. Mula noted that the special projects were considered in the past to be a separate job.

Mrs. Austin said if the employee is not an exempt employee, then they deserve to be paid at a time and a half rate of pay for overtime hours.

Mrs. Mula feels this matter should be forwarded on to legal counsel for an opinion.

MISCELLANEOUS

The letter from Canine Affair regarding the insulating of the water pipes in rental

Building 8572 Mayfield Road to be passed on to the Road Superintendent to be given

to Pete Petersen.

Mr. Cotman wonders about the possibility of checking to see if someone from another

township could also do similar special zoning projects at a lesser rate of pay, then paying

Mr. Joyce at an overtime rate.

2004-455. Mrs. Mula moved to approve Mike Joyce to attend meeting on October 14, 2004,

on H.B. 278 put on by the Geauga County Planning Commission at 470 Center St., Bldg. 5,

City of Chardon. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

The Chief and Mr. Hanslik will be present next week to discuss the finalization of the

union contract.

Due to the hard work of the clerk and the members of the Advisory Committee, exemption

Status has been obtained and there has been a return of taxes paid for property-owned

parcels from the County. A letter will be sent to Ron Cotman, Chairman of the CAC,

acknowledging their assistance in obtaining estate exemption for several parcels. The

Township received refunds in the amount of $19,776.22 on these parcels.

Discussion of agenda form to be used for weekly trustees meetings. A line to be added for

initialing by the person requesting an item be placed on the agenda.

Mr. Montague brought up the status of the grant for the Chester School to see where we

stand on this project. Consideration of selling Chester School to be put on a future agenda

at a public meeting since a levy was turned down by the voters. Something needs to be

done with this property since this is a nuisance property.

Mr. Stevens suggested sending all of the Sherman Road residents a copy of the letter

which the Road Superintendent received from the County Engineer concurring with Mr.

Mascella that the project will be addressed next year. All Board members concur with

this thought.

Mr. Stevens explained his request that the Board of Trustees adopt Roberts Rules of Order.

Discussion ensued regarding the pros and cons of bodies such as the Board of Trustees using

Roberts Rules of Order.

Mr. Stevens would like to implement a cell phone policy. He submitted a draft policy

for the board’s consideration.

Mr. Stevens said he attended a meeting of the Chagrin Valley Watershed Partners and

addressed some of the areas of concern to some of our residents; namely, the nursery

which backs up to a parcel on Marilyn Drive.

Mr. Stevens’ inquired if some of the special projects Mr. Joyce would work on are

reports past due on the Land Use projects. A report which was due to the State is the

report which would result in serious fines, if it is not filed.

Mrs. Mula said that flooding concerns will be addressed by the Road Superintendent.

Sam Totino, Wedgewood Drive, encouraged the Board to hold a meeting for public input

on how the restitution money should be spent because he was not in favor of using the

restitution money to reduce the Sherman Road resident road improvement assessments.

He said he felt it would help the public gain trust in the Trustees.

Mr. Totino referred to an article in the CHESTERLAND NEWS regarding creation of

youth athletic fields on the Eddy Fruit Farm.

Mrs. Mula said the Board had no information in regard to this issue. There is a design

Plan for 80 acres which the township owns at the north end of town. She feels an opinion

should be obtained from legal counsel regarding the use of agricultural property for the

purpose of recreational use on a portion of the land.

Mr. Montague feels Mr. Eddy should be contacted as to what is going on at this location.

The Board will obtain information for next week’s meeting as to the status of this project.

Article in the CHESTERLAND NEWS regarding the creation of the youth athletic field

On the Eddy Fruit Farm was read to the audience.

Zoning Inspector Mike Joyce said he did not know anything about this project. His concerns

are with the backstops and parking areas. There is no problem with lot area for the creation

of the fields. Mr. Joyce will send a letter to Mr. Eddy that a zoning permit is needed for the

creation of these fields along with the design plan for the area.

ZONING

Mrs. Mula asked Mr. Joyce the status of the report which Mr. Stevens referenced earlier

in the meeting. Mr. Joyce said the report with the actual plan has been sent and is being

reviewed by the State. The State has not yet contacted Chester Twp. as to any concerns

they may have with the plan. The next report is due in April, 2005.

Mr. Joyce said after reading the policy which the CAC requests to be put in place

regarding nuisance complaints in the Township, he has created a form which can be

used for this purpose. Said form to be placed on next week’s agenda for Board approval.

ADJOURNMENT

There being no further business before the Board, Mrs. Mula adjourned the meeting at

8:43 p.m.

Respectfully submitted,

_______________________________ ________________________

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

Township Clerk

_______________________________ ______________

Charles R. Stevens, Vice-chairman Acceptance Date

_______________________________

James A. Montague, Trustee

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