The Chester Township Board of Trustees met in regular session Thursday, January 13, 2005, in the Town Hall Meeting Room at 6:30 p.m. Chairwoman Patricia M. Mula, presided.

All trustees and the clerk present.

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

PUBLLIC HEARING OF Z-2004-1

Mrs. Mula opened the hearing of Z-2004-1 at 6:30 p.m. by reading the letter from the Geauga County Planning Commission along with a letter explaining House Bill 278.

Comments from the floor will be taken. Margaret Muehling, Chair of the Zoning Commission, was present to explain said amendment and to clarify any questions from the Board or the public.

Mrs. Mula explained the Zoning Commission’s position on the removal of Section 8 from the Zoning Resolution regarding oil and gas well regulations. There was not much of a choice since that was the directive from the Planning Commission and the Prosecutor’s Office.

Michelle Allen, 12965 Cassie Lane. Reference to their by-laws in their subdivision regulations. She feels strongly that contact with the Zoning Inspector is imperative. People need someone to contact when and if there is a problem.

Mrs. Mula said she would provide Ms. Allen with names and telephone numbers, which are public record, for the use by anyone who has concerns over the drilling of a well. Governor Taft signed House Bill 278.

Ms. Allen said when the drillers at the site in Chester were asked questions, the residents were treated rudely and did not receive the information which they were hoping to get from the drillers. She is also concerned about the amount of acreage being used to drill those wells.

Mrs. Mula said she would encourage anyone in the area to have their water tested. The Board of Trustees has requested and will be receiving information on the location of any wells which will be drilled in Chester Township.

Mary Heintz, 11759 East Hill Drive. They did not sign; however, due to mandatory pooling, they can make you sign to be a part of the lease.

Mrs. Muehling said she does not agree with mandatory pooling either.

James Drockton, 8886 Ranch Drive. Who gave the Zoning Commission direction to remove this Section in the Zoning Resolution so immediately?

Mrs. Mula said the Geauga County Planning Commission made the recommendation and the Zoning Commission and the Board of Trustees must take the recommendation under consideration to remove the gas and oil well regulation section from the Zoning Resolution according to the Ohio Revised Code.

Mr. Drockton wants to address the issue of letting the section in the Zoning Resolution lie dormant. Statement (letter) read by Mr. Drockton to be made a part of the minutes for this evening. (see attachment) Rick Simmers of the Northern Region Supervisor told Mr. Drockton that the drillers were probably using air when they should have used water. The current Zoning Inspector and past Zoning Inspectors have always kept on top of the sites being drilled. With the passage of this House Bill 278, that will not happen. He asks the trustees to wait at least 180 days before revisiting Z-91-1 of our zoning. There is no one expressing a serious urgency for this removal. Having the information in Z-91-1 remain in the Zoning Resolution is not causing anyone any harm.

Mrs. Mula explained the event with the gas and oil well on Cassie Lane which occurred last night, Wednesday, January 12, 2005.

Tom Drockton, 8609 Carmichael Drive, referred to the fact that the School Board is considering drilling a well and with the experience we have had in the past, he just feels the Trustees and the public should be aware that the regulations in Z-91-1 would have protected the township and prevented possible problems. He is concerned for the health and safety of children attending the Middle and High School where the proposed well might be drilled.

Mrs. Muehling said the Zoning Commission was asked to remove this section from the Zoning Resolution. This section could remain on the books but would not be enforceable. A legal source she has contacted informed her that there are a lot of laws on the books which are unenforceable. The Prosecutor’s Office did recommend that this section be removed from the Zoning Resolution regarding gas and oil well regulations.

Jim Drockton said he was at a meeting where an assistant in the Prosecutor’s Office did say it could remain on the books. He would like the trustees to put this matter aside for 180 days and then revisit it.

After discussion, all Board members concur to continue this public hearing to January 20, 2005, Board of Trustees meeting.

2005-10. Mrs. Mula moved to continue the public hearing for 2004-1 to January 20, 2005, at 7:00

p.m. Mr. Stevens seconded. Call vote: Mr. Montague, yes; Mr. Stevens, yes; Mrs. Mula, yes. Motion passed.

Mrs. Mula announced the public hearing is continued to January 20, 2005, at 7:00 p.m.

CLERK’ S FOLDER

2004-11. Mrs. Mula moved to approve and sign Purchase Order #2005-1 to Arms Trucking Co., Burton, Ohio, for $10,000.00 for slag and cinders from appropriation account #2031-330-420-0000. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-12. Mrs. Mula moved to approve and sign Purchase Order #2005-2 to Osborne

Concrete & Stone Co., Grand River, Ohio, for $10,000.00 for limestone and #9

gravel from appropriation account 2031-330-490-0000. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-13. Mrs. Mula moved to approve and sign Voucher Warrants #VW 46001 through 46014. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

Clerk’s Note: The ending number used on 1-6-05 was #46000; the beginning number used on 1-13-05 is #46001.

2004-14. Mrs. Mula moved to approve and sign a letter to a resident at 9633 Sherman Road, Chester Twp., regarding the purchasing necessary property for the paving project. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-15. Mrs. Mula moved to adopt a Resolution declaring the dates of advance of first half tax real estate tax collections for Chester Township for direct deposit as follows: January 14, 2005, January 28, 2005 and February 11, 2005. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

Discussion ensued regarding a Request for Leave form for use by the Town Hall employees for vacation and sick time requests. This form should be in a separate binder and may be placed in the employee’s personnel file, if the employee so desires. Mrs. Mula suggested an additional line be inserted for Pay Period Ending. All trustees concur with adopting this form for use by Town Hall employees with the addition of the line reading, Pay Period Ending.

2004-16. Mrs. Mula moved to approve the Chester Township Request for Leave form to be used by Town Hall employees. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

Discussion of Judge Henry’s request for residents willing to serve on the Chester Park District. Mr. Stevens said in the past, Judge Henry called the Park Board to let them know they could advertise. He will talk with the Park Board informing them they can advertise for this position on their board.

2004-17. Mrs. Mula moved to approve and sign Cemetery Deed and Cemetery Deed Record Book for James L. McLaughlin, Chester Township, for the purchase of Lot 384, Sites 3 and 4 in Section C of the Chester Township Cemetery. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-18. Mrs. Mula moved to approve and sign Cemetery Deed and Cemetery Deed Record Book for Shawn Matz, formerly of Chester Township, for the purchase of Lot 408, Site 4, Section C of the Chester Township Cemetery, and Lot 409, Site 4, Section C of the Chester Township Cemetery. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2004-19. Mrs. Mula moved to approve and sign Cemetery Deed and Cemetery Deed

Record Book for Joseph Casey, Chester Twp., for the purchase of Lot 403, Site 1,

Section C, of the Chester Township Cemetery. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

POLICE DEPT.

Chief Orosz updated the Board on the status of the Police Dept. building’s roof and gutters due to ice build up. He has been obtaining quotes for new gutters for the building.

STATE SENATOR TMOTHY GRENDELL

Mr. Grendell gave his input regarding the oil and gas well regulations and the options of removing the regulations or leaving the regulations in the Zoning Resolution. He encouraged the Board and residents to let the legislators know of any problems in the township regarding these wells as well as contacting your state legislators to express your opinions on the removal of the oil and gas well regulations from the zoning laws in townships.

ROAD DEPT.

2005-20. Mrs. Mula moved to approve up to $625.00 for Road Dept. employee John Rogers to attend the 2005 Work Truck Show in Indianapolis, Indiana, March 1 – 4,

2005, from appropriation account #2031-330-599-0000, Other Expenses, per the recommendation of the Road Superintendent. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

Mr. Mascella explained to the audience the benefits of an employee attending such a show to obtain information and/or knowledge.

ZONING DEPT.

Mr. Joyce explained to the Board and the audience what happened last night with the Cassie Lane well and what procedures are in place for notification to the Township by the people drilling the wells in Chester Township. Update on future wells to be constructed in Chester Township.

Mr. and Mrs. Ron Cotman gave an update to the Board of Trustees regarding their investigation and findings of wells currently being drilled in areas located near their residential property.

Zoning Inspector Mike Joyce and the Board explained the history of attempts to deal with nuisance properties located in the township.

Discussion by the Board of township employee’s time sheets which the employees complete for each pay period.

2005-21. Mrs. Mula moved to approve and sign a letter to Rebecca Schlag, Assistant

Prosecuting Attorney, requesting her written opinion and her assistance to direct Chester Township’s actions on several different issues. Mr. Stevens seconded. Vote: Unanimous. Motion passed.

2005 ORGANIZATIONAL MEETING

2005-22. Mrs. Mula moved to enter Executive Session pursuant to ORC 121.22 to

discuss personnel. Mr. Stevens seconded. Roll call vote: Mr. Montague, yes; Mr. Stevens, yes; Mrs. Mula, yes. Motion passed

The Board and Clerk entered Executive Session at 8:29 p.m.

The Board and Clerk re-entered regular session at 8:40 p.m.

SELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON FOR 2005

Mrs. Mula called for nominations for Chairperson.

2005-23. Mr. Montague moved to nominate Mr. Stevens Chairperson for 2005. Mrs. Mula seconded. There being no more nominations, the floor was closed. Vote: Unanimous. Motion passed.

Mrs. Mula passed the gavel on to the new Chairperson Stevens.

2005-24. Mr. Montague moved to nominate Mrs. Mula Vice-Chairperson for 2005. Mr. Stevens seconded. There being no more nominations, the floor was closed. Vote: Unanimous. Motion passed.

TRUSTEE COMPENSATION

2005-25. Mr. Stevens moved to authorize the Township Clerk to pay the Board of Trustees and Clerk compensation in twelve equal installments for the fiscal year 2005 with total compensation in accordance with the Ohio Revised Code 505.24. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

MILEAGE & EXPENSE REIMBURSEMENT

2005-26. Mr. Stevens moved to authorize reimbursement for expenses and payment of mileage at a continued rate of $0.40 per mile for township officials and employees traveling on township business for the fiscal year 2005. Mrs. Mula seconded. Vote: Unanimous. Motion passed. NOTE: Change due to IRS 2106.

TOWNSHIP EXPENDITURES

2005-27. Mr. Stevens moved to authorize Township officials and Department Heads to incur obligations of $750.00 or less on behalf of the township pursuant to all statutory guidelines ORC 507.11 and ORC 5705.41 “that no expenditure shall be approved unless it is covered by a pre-existing purchase order or pre-existing blanket certificate issued by the Township Clerk.” Mrs. Mula seconded. Vote: Unanimous. Motion passed.

PHOTOCOPY POLICY

2005-28. Mr. Stevens moved that the existing Township policy 1404 providing for photocopies of documents with 20 photocopies free with all remaining copies at $0.05 per copy. All news media representatives shall receive five copies at no charge. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

TRUSTEE MEETINGS

2005-29. Mr. Stevens moved that all meetings of the Chester Township Board of Trustees be held in accordance with the Ohio Revised Code Section 121 Sunshine Law and that 24 hours notice be given to the news media with the exception of emergency meetings pursuant to ORC Section 121. All meetings are to be held on Thursdays at 7:00 p.m. except as otherwise scheduled or canceled by the Board and cancellations are to be posted on the Township Administration Office door. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

ZONING MEETING ATTENDANCE FEES

2005-30. Mr. Stevens moved to set a fee of $15.00 for attendance at each Zoning Commission meeting and Board of Zoning Appeals meeting by members of each respective board for the fiscal year 2005. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

PERSONNEL

2005-31. Mr. Stevens moved to increase the hourly wages of Mary Lou Fende, Administrative Assistant/Zoning Secretary; Marie Roche, Assistant to the Clerk; and Zoning Inspector Mike Joyce by 3.5%, effective January 16, 2005. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

2005-32. Mr. Stevens moved to increase the hourly wages of Clint Sherbondy,

Maintenance Person at the Police Dept. by $0.50 to $11.00 (presently earning $10.50 per hour). Mrs. Mula seconded. Vote: Unanimous. Resolution passed.

ADOPTION OF ROBERTS RULES OF ORDER

2005-33. Mr. Stevens moved to adopt Roberts Rules of Order as for the purpose of

running Chester Township Board of Trustees meetings. Mr. Montague seconded. Discussion ensued as to the reasoning to adopt Roberts Rules of Order. Mr. Montague suggested following Roberts Rules for a few weeks before formally adopting Roberts Rules. Vote: Unanimous vote of the Board no. Motion failed.

ADJOURNMENT

There being no further business before the Board, Mr. Stevens adjourned the meeting at 9:00 p.m.

Respectfully submitted,

_________________________________ ______________________________

Charles R. Stevens, Chairman Karen M. N. Austin, CPA, Clerk

_________________________________ _____________

Patricia M. Mula, Vice-chairwoman Approval Date

_________________________________

James A. Montague, Trustee

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