The Chester Township Board of Trustees met in regular session Thursday, September 9, 2004, in the Town Hall Meeting Room at 6:30 p.m.

All trustees and the clerk present.

PLEDGE

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

CHAIR POSITION FOR THE BOARD OF TRUSTEES

Mrs. Mula announced that at the meeting of August 16, 2004, when Mr. Montague stepped down as the Chairman of the Board of Trustees, during a conversation with the Assistant Prosecuting Attorney Rebecca Schlag in which a cell phone was breaking up, it has been brought to her attention that a vote of the Board of Trustees needs to be taken for the position of Chairman and Vice-Chairman.

Nominations open for Chairperson.

2004-401. Mr. Montague moved to nominate Mrs. Mula to serve as Chairwoman. Mr.

Stevens seconded and asked for a roll call vote.

Mr. Montague closed nominations.

Roll call vote for Mrs. Mula for Chairwoman of the Board: Mr. Montague, yes; Mr. Stevens, no; Mrs. Mula, yes. Motion passed.

2004-402. Mr. Montague nominated Mr. Stevens to serve as Vice-chairman of the

Board of Trustees. Mrs. Mula seconded.

Mr. Montague closed nominations.

Roll call vote for Mr. Stevens for Vice-chairman of the Board: Mr. Montague, yes; Mr. Stevens, yes; Mrs. Mula, yes. Motion passed.

CITIZENS ADVISORY COMMITTEE

Ronald Cotman, Chairman of the CAC, gave a power point presentation about the status of the projects the Committee has been working on to the Board of Trustees. A topic of great interest which was covered by the Committee was the unsafe (nuisance) buildings in the township in order to identify and remedy these structures.

The Board thanked the members of the committee present for their extensive research on this subject.

PAVING OF SHERMAN ROAD

Mrs. Mula opened the continuation of the public hearing of the paving of Sherman Road at 7:30 p.m. which was continued from last week. Introduction of R. L. Phillips, Geauga County Engineer, and Chuck Mascella, Road Superintendent to the audience by Mrs. Mula.

Mrs. Mula said there was some question regarding a back property on Sherman Road. Mr. Sharb, our bond counsel from Squire, Sanders & Dempsey, and the decision is that that property does have an easement to gain ingress and egress onto Sherman Road. The determination by Mr. Sharb is that the Rusnick property does butt onto Sherman Road and an assessment is in order.

Geauga County Engineer R. L. Phillips explained the paving process used in the County and answered questions from the audience.

David Rybka, 9287 Sherman Road, expressed their concerns regarding the extra expense involved with the stabilization which is now necessary according to the County.

Walter Hoffman, 9480 Sherman Road, wants the Board of Trustees to move forward with this paving project since it has already been two years. The trustees should pay for some of the expense.

Wendy Zaller, 9509 Sherman Road, addressed her questions and concerns to Mr. Phillips regarding the soft areas on Sherman Road.

Brent Gardner, 9583 Sherman Road, feels the cost is too high and would be more acceptable if the cost were down closer to $5,000.00.

Margery Lind, 9501 Sherman Road, is concerned about the berm.

Mr. Mascella addressed the berm issue.

Wendy Zaller, 9509 Sherman Road, asked about the actual cost of the project.

Mr. Phillips answered and explained the cost of the materials which would be used in this project. For the concrete stabilization, the cost planned is $75,000.00 for code 804.

Mary Bridgett Sweeney, 9696 Sherman Road, wants the record to reflect that even if trustees do contribute, the cost is still way higher.

Mr. Mascella gave the history of the past paving projects in Chester Township and assistance which has been given by the trustees.

Mr. Montague explained that Issue II funds could be available in two years if we wait that long.

Mr. Phillips explained the pros and cons of waiting vs. beginning this project in the near future.

Mr. Montague asked if there was anyone present who would like to talk about their assessment.

Mrs. Mula added that the reason would have to be a substantial reason why they are not satisfied with the assessment.

Question raised by a member of the audience as to when exactly this project will begin.

Mr. Phillips said the decision is up to the township.

2004-403. Mrs. Mula moved to close the public hearing of Sherman Road. Mr.

Montague seconded. Discussion ensued.

Mrs. Mula feels if Issue II public money were used, it would be 2007 before the project could begin. In her opinion, Issue II is not an option for dollars to be used for this project. The road is designed by the County Engineer for the best design planned.

History of past road paving assessments given by Mrs. Mula.

Mrs. Mula does feel the township should contribute to the project. We could move to go forward and then decide on the dollar amount to be contributed by the township at that time.

Mr. Montague feels the overage for the stabilization should be picked up by the township.

Mr. Stevens feels all gravel roads in the township should be paved. Delaying the project hurts the project. That will force the Road Superintendent to purchase more equipment to service those gravel roads. He is in agreement with the way the road is to be designed. In two to four years waiting for the Issue II money to become available, anything we would save would be eaten up in the cost increases over the two years. He feels the residents should be assessed a minimum of $150,000.00 for this project or $5,000.00 per share. He would like to see it be no higher than $6,000.00 per share. If the board went that way, we would have to commit to $138,000.00 for that project. It could be a lot less than that if it came in at a six and one-half per cent under construction cost. He would like to see this road paved this fall.

Mr. Stevens feels the funds can come from the sale of the Spellman assets that has not been planned for and do what is necessary to make it happen.

Mr. Montague feels it is a great idea but does not agree with it. He feels the township should pick up the stabilization cost but nothing else. This would set a precedent for future gravel roads which need to be paved. We have already put in $56,000.00 into the road and with the additional dollars for the stabilization, that is sufficient.

Mrs. Mula feels the stabilization of the road should be paid for by the township and the balance paid for by the residents.

Discussion ensued regarding setting a dollar amount for the township to be responsible for with regard to the stabilization.

Voter: Unanimous. Motion passed.

2004-404.Mrs. Mula moved to approve and pay line items 804 on preliminary

estimates of approximately $75,840.00. Mr. Montague seconded. Vote: Unanimous. Motion passed.

2004-405.Mrs. Mula moved to approve A RESOLUTION CONFIRMING

ESTIMATED ASSESSMENTS AS REPORTED BY THE COUNTY ENGINEER FOR THE IMPROVEMENT OF SHERMAN ROAD BETWEEN CERTAIN

TERMINI BY PAVING AND BERMING, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, AND ACQUIRING ANY NECESSARY REAL ESTATE OR INTERESTS THEREIN IN CONNECTION THEREWITH. Mr. Montague seconded. Mr. Stevens said when everything is all worked out, if the township could do more, he would like to see that. Mrs. Mula concurred with Mr. Stevens. Roll call vote: Mr. Montague, yes; Mr. Stevens, yes; Mrs. Mula, yes. Motion passed.

End of Public Hearing.

Kurt Feigle, 8604 Cedar Road, asked for an explanation of paying off his assessment for the Cedar Road paving project.

The Board and Clerk clarified Mr. Feigle’s concerns.

CLERK’S FOLDER

2004-406.Mrs. Mula moved to approve intra-fund transfer of funds of $20,000.00

from Fund 1-A-10 Outside Legal Counsel, to Fund 1-A-26 Other Expenses for payment

of the Cedar Road Assessment. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-407.Mrs. Mula moved to approve and sign Purchase Orders #40148 for

$900.00 payable to Wesley Baker & Assoc., Chagrin Falls, Ohio, for necessary easement appraisal on property located at 9633 Sherman Road, Chester Twp., from Fund 01-A-26; #PO 40149 for $993,75 payable to Lawyers Title Ins. Co., Chardon, Ohio, for closing costs on Harold Dr. property from Fund 993.75; #PO 40150 to Geauga County Treasurer, Chardon, Ohio, for $2,500.00 for real estate taxes on closing of Harold Dr. property from Fund 01-A-26D; #PO 40154 for $14,233.53 payable to Ford Credit, Detroit, Michigan, for two 2004 Ford Crown Victoria police sedans (first payment schedule 7348201) from Fund 09-A-10 and approve Voucher Warrant #VW 45743. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-408.Mrs. Mula moved to approve and sign Voucher Warrants #VW 45719

through 45742. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

Clerk’s Note: the ending voucher # on 9-2-04 was #45718; the beginning # on 9-9-04 is #45719.

2004-409.Mrs. Mula moved to approve and sign a letter addressed to Joseph

Weiss, Esq., Chester Township, regarding the real estate taxes of $4,734.30 and additional unpaid sewer charge of $350.62 owned Chester Township by Mrs. Spellman. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-410. Mrs. Mula moved to approve $2,100.00 payable to Kolsom Tire, Chester Twp., for new truck tires and wheels for two dump trucks from Fund 4-A-13. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-411. Mrs. Mula moved to approve and sign Cemetery Deed and Cemetery

Deed Book for Michelle Thomas, Chester Twp., for Lot 418, Site 3, Section C of the Chester Township Cemetery. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-412. Mrs. Mula moved to approve and sign Cemetery Deed and Cemetery

Deed Book for Gary Thomas, Chester Twp., for Lot 418, Site 4, Section C of the Chester Township Cemetery. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-413.Mrs. Mula moved to approve acceptance of $300.00 security deposit

from Christine Marn, tenant in the apartment at 8568 Mayfield Road, as the last month’s rent payment for September, 2004. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-414. Mrs. Mula moved to set Trick or Treat on Sunday, October 31, 2004, from 6:00 to 8:00 p.m. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-415. Mrs. Mula moved to authorize and approve up to $35.00 for Chuck

Mascella, Road Superintendent, for expenses (parking and lunch) for him and the Assistant Road Superintendent, Terry Varner, to attend the Workers Comp University Seminar on Thursday, September 16, 2004, at the Convention Center, Cleve., Ohio, from Fund 4-A-13. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-416.Mrs. Mula moved to approve an Application for Use of the Chester

Town Hall Meeting Room by Kathy O. Mrsnik, Director of Pupil Personnel for the West Geauga Local Schools, on September 14, 2004, November 16 and 18, 2004, April 19 and 21, 2005, from 7:00 a.m. to 4:00 p.m. for staff development sessions. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-417.Mrs. Mula moved to approve sending a letter of authenticity to anyone

who purchased items from the Spellman auction as approved by Legal Counsel and attached to the minutes. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-418.Mr. Montague moved to authorize and approve the Road Superintendent

and the Zoning Inspector to attend implementing storm water regulations on Wednesday, October 27, 2004, from 8:30 a.m. to 2:00 p.m. at the Middleburg Hts. Community Center, at $65.00 per person. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

Mrs. Mula referenced a request by the Clerk for her Assistant to work overtime hours. As of this time, this matter is tabled until further notice.

Mrs. Mula referenced the paperwork which needs to be completed on the transfer of the Harold Drive home.

2004-419. Mrs. Mula moved to approve the signing of papers from Lawyers Title by the Board of Trustees this weekend to close on the sale of the Harold Drive property. Mr. Stevens seconded and added that this is contingent on agreeing with what the Board is being asked to sign. Vote: Unanimous. Motion passed.

2004-420.Mrs. Mula moved to move the meeting of September 23, 2004, to 6:30

p.m. to interview Internal Audit Committee applicants. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

Clerk Austin will be sitting in on the interviews for the members of the Internal Audit Committee but will not be a part of the interviewing process.

Mrs. Mula said Chester Fire Rescue has submitted information to the Board of Trustees which she would like reflected in the minutes. In the month of August, they responded to 118 requests for service; they handled 81 medical emergencies; 37 fire related incidences. August 10^th was their busiest day of the month when they responded to nine calls. The Fire Chief has said they will be coming to a trustees meeting the end of September.

Clerk Austin said she hopes to have a Clerk’s Financial Report ready for the Board the first week in October, for the meeting of October 7, 2004. A confirmation of this date will be forthcoming next week.

CLERK’S AUDIT REPORT REGARDING 2002-03

Clerk Austin reported on a telephone call she received today from the Auditor of State’s Office from Gary Algers out of the Youngstown Office of the Auditor of State’s Office. We had received information that most likely the Auditor’s of State’s Office would automatically disclaim the 2002 financial records for Chester Township based on what had transpired in Chester Township. We were advised today that they are going to audit 2002 and 2003; the Township is charged for the State Audit. She had discussed this situation with Geauga County Prosecutor David Joyce and with Jeffrey Nokes who is in the Geauga County Auditor’s Office and have left messages with Robert Wilhelm head of the Cleveland Audit Dept. that the clerk who was in office in 2002 is a convicted felon and is in jail. She is trying to limit the scope of the 2002 audit (that might not be successful) and we might incur significant costs in auditing 2002 and 2003.

Clerk Austin wanted the Board of Trustees to know what has transpired and the Auditor of State’s Office (OAOS) are going to go forward with the audit. We have been given no estimate of the cost of doing that audit. This cost would come out of the General Fund. The records for 2002 are in the custody of Thrasher, Dinsmore & Dolan. Because of the theft, the Auditor of State’s Office (OAOS) would have to recreate the records. She is concerned that they want to create fund balances which would not make a difference on our continuing monies because those funds are gone. They would not give her a cost estimate for this special audit.

Mrs. Mula said a special audit performed in 1990 cost the Township about $6,000.00.

ADJOURNMENT

There being no further business before the Board, Mrs. Mula adjourned the meeting at 9:14 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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