The Chester Township Board of Trustees met in regular session Thursday, February 24, 2005, in the Town Hall Meeting Room at 7:00 p.m. Chairman Charles R. Stevens, presided.

All trustees and the clerk present.

PLEDGE

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

OATH OF OFFICE

Chief Orosz presented Michael McIvor to the Board as part-time patrolman and constable.

2005-93. Mr. Stevens moved to approve the hiring of Michael McIvor as a part-time

Police officer effective Sunday March 27, 2005, with an hourly rate of pay of $14.00 per hour, per the recommendation of Chief Orosz. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

Oath of Office.

The Chief explained his need for full-time police officers for the Police Dept. and requested permission from the Board to advertise for same.

2005-94. Mr. Stevens moved to approve advertising for full-time police personnel

in the News Herald on March 13 and 20, 2005, W. G. Sun on March 3 and 10, 2005, and Chagrin Valley Times on March 3 and 10, 2005, for the Chester Township Police Department. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

Mrs. Mula asked that a telephone number be added to the advertisement.

PRESENTATION BY OFFICE DEPOT

Presentation by the sales representative for Office Depot on cost savings when purchasing office supplies, etc. from the Office Depot.

Mr. Stevens explained to the audience the process used when making purchases for the township. The Department Heads are responsible for their respective department’s needs.

CLERK

Clerk Austin explained that we’ve experience an outbreak of the flu at Town Hall. We are still progressing on the UAN; we are on to January, 2005. By the time the trustees meet again, hopefully everyone will be over their illnesses and we will be catching up. The pay checks for March 4, 2005, were done off the UAN. We do have checks off the UAN system tonight; they will have to be re-entered into the UAN System. With the delay of the next trustees meeting, we hope to try and be as up to date as possible by the March 10^th Board of Trustees meeting. The Board of Trustees needs to discuss the direct deposit of the pay checks for the next pay period, which is March 17, 2005. We have conflicting information with transferring the files on a Wednesday night for the Friday pay date which is unacceptable to me. The payroll would not be available to our employees until Friday with the file transferred on Wednesday, and the auditors stated that they would find that this was authorizing payment after the payment was made. There are a couple of different ways to address this situation. One would be to change the meeting day to Tuesday nights so that the file can be transferred on Wednesday and the employees get paid Friday morning. The other is to transfer the file Thursday after the meeting by 10:30 p.m., and the employees would have their money available Monday morning. The third option is not to do direct deposit at all. We are all set up for direct deposit; we have all of our authorizations ready for direct deposit. It is with the auditor’s recommendation that we do not implement a Wednesday transfer of the files to be paid on Friday after the trustees authorize it on Thursday. All of this will be coming in writing. The Prosecutor’s Office has said there is no problem, and it is legal to do. The auditors are basically saying that from a control situation and from their viewpoint, they would not approve transferring a file that cannot be changed before it is paid on Friday with the trustees not approving the file prior to it being transferred to the bank. The head auditor on our audit currently has said this and will put that in writing. They said they would cite the township, and they weren’t sure what type of finding it would be whether it would be a financial statement finding or a management level citing. The auditor said he understands that we received a letter from our legal counsel stating that it was legal, which it might be, but that doesn’t necessarily mean it would pass audit. It would be a procedural error and not a legal error.

Mrs. Mula asked if the Board has an option of extending a payroll from one of the pays to get us in sync or change the payroll date one time and then to transfer back to Friday?

The Clerk said we would still be approving estimated hours for the rest of the pay period. Unless we delay the employees pay checks by one week and the employees wouldn’t appreciate that. We would have to add a delay week. We could change the pay week date.

Mr. Stevens said the problem is the transferring of the data to the bank prior to the trustees approving it. The auditor informed the clerk that is unacceptable.

The Clerk added that if we shifted to a Tuesday cutoff and then approved the payroll on Thursday night and didn’t transfer the file until the following Wednesday, we would short them the first week by three days.

Mr. Montague asked what the problem would be if we pay the employees on a Monday?

The Clerk said that to her is the best option to adjust the number of days they have in a pay period.

Mr. Montague feels the easiest option is to pay the employees on a Monday after the payroll is approved on a Thursday.

The Clerk said if the file is transferred by 10:30 p.m. on Thursday night, the funds will be available at midnight on Sunday.

Mrs. Mula feels with all the technology available with direct deposit and things are supposed to be working quicker, this is working in reverse. We are paying a fee for direct deposit.

The Clerk said there needs to be time from when the money is deposited and distributed to other banks. There is verification that has to be called in before the files are transferred to the bank.

Mr. Stevens wondered about a Tuesday meeting date?

Mrs. Mula said she would not be in favor since this Board has always met on Thursday.

Mr. Montague said many meetings set through the County know when each township meets. He would not be in favor of changing the meeting day to a Tuesday for this reason. He feels the easiest thing would be to change the pay date to Monday.

All trustees concur to wait for verification from the auditor stating that as far as the Prosecutor’s opinion that they would not agree with that as far as a procedural matter.

Mr. Montague said if it is not an illegal procedural matter, then it should be okay if it is legal. Then we wouldn’t have to worry about moving anything.

The Clerk clarified the sequence of check numbers on the agenda.

2005-95. Mr. Stevens moved to approve and sign Road Dept. Payroll Time Sheet dated 2-26-05. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

2005-96. Mr. Stevens moved to approve and sign Voucher Warrants #VW 46102 and 46103 and Payroll Warrants #PY 46104 through 46136; Payroll Withholding Warrants #PW 46137 through 46146; Voucher Warrants #VW 46147 and 46148. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

Clerk’s Note: The ending # on 2-17-05 was UAN #46101; the beginning UAN # on

2-24-05 is #46102.

2005-97. Mr. Stevens moved to approve the use of the Auditor of State of Ohio Betty

Montgomery to perform an audit for the periods ending December 31, 2004, 2003, and 2002 for up to $7,700.00 from appropriation #1000-110-312-0000. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

2005-98. Mr. Stevens moved to approve overtime hours for Zoning Inspector Michael

J. Joyce on Friday, March 4, 2005, for his court appearance regarding court date for Motion to Impose Sentence of Bill’s Auto estimated at three hours. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

2005-99. Mr. Stevens moved to approve a half hour of overtime for the Administrative

Assistant on February 24, 2005, for administrative work. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

2005-100.Mr. Stevens moved to approve the Fire Protection Emergency Medical

Service Agreement between the Chester Fire Rescue, Inc. and the Board of Trustees for the period of March 1, 2005, to February 28, 2006, with the understanding that point 19 will be adjusted as agreed. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

CHESTER PARK DISTRICT

Discussion ensued regarding the Chester Township Park District’s request for additional funding.

Mr. Stevens said he has reviewed the financials which were provided to the Board and personally does not want to see us cut any additional services that the Park District is offering. He is in favor of helping them to some extent to insure that they can take care of the maintenance of the park. He would be in favor of covering the electric bills if the Board would agree.

Mr. Montague feels it all comes down to who wants to hold onto their money the longest. If they are down to $5,000.00, do they want to hold onto that money if something comes up and ask us for additional funds? He does not want to see any of the facilities in the park shut down or any lights shut down this summer. He feels the Board should assist the Park District with the utilities as he does not want to see any park functions shut down.

Mrs. Mula added that no one wants to see the lights turned off. She would not like to see any programs stopped but would like to see a financial statement with estimated expenditures and the cost of the electric bill. Then she would be in a better position to make the decision on advancing additional dollars from the township’s General Fund.

Mrs. Mula said she would also like to see a financial report from the Baseball Federation. Perhaps the fees to the Baseball Federation should be raised.

Mr. Stevens said he does not want to see the lights turned off in the Park. Trustees Mula and Montague concur with Mr. Stevens regarding the lights.

Discussion ensued with representatives from the Park District and the Board of Trustees. At the time the money was taken back by the Board of Trustees, the Park District had a carryover of $60,000.00.

2005-101.Mr. Stevens moved to approve the payment of the Chester Township

Park District’s electric expenses for the period March 1, 2005, to November 30, 2005, up to $5,000.00. Mr. Montague seconded. Vote: Unanimous. Motion passed.

Mrs. Mula said she is very disappointed in the attitude of the Park District Board this evening. All of the departments lost a tremendous amount of money. The money this Board of Trustees agreed not to pay the Park District was an overage and a more frugal way to justify the expenses.

Mr. Montague asked what’s happening with the Holiday lighting. He would like to see an update from the Park District so the Board of Trustees could take a look at the expenditures and see where they stand.

Discussion of Chester North Park. How does the Board wish to proceed with planning for and/or the development of the property tabled to the meeting of March 10, 2005.

CLERK (CONTINUED)

Mrs. Mula said Mr. Mel Susnis did contact her today. Due to eyesight problems and other health issues, Mr. Susnis is unable to come to an evening meeting.

Mr. Stevens will ask Mike Joyce, Zoning Inspector, to draft letters for the March 10, 2005, meeting in regards to a building evaluation of the property located at 9144 Mayfield Rd. by the Geauga County Bldg. Dept. and Chester Fire Rescue, Inc. to determine whether the building is insecure and/or unsafe. This matter continued to the meeting of March 10, 2005.

2005-102. Mr. Stevens moved to approve Geauga-Trumbull Solid Waste Management District 2005 Scrap Tire Grant Program Application and forward to same. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

Mrs. Mula referenced all of the services and expertise which the township has benefited from through the Geauga Soil and Water Storm Conservation District.

2005-103. Mr. Stevens moved to continue our contribution commitment to Geauga SWCD for support of Urban Storm Water Specialist and expansion of services related to NPDES Phase 2 (year 3 of 4) in the amount of $2,000.00. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

Mr. Stevens said he will review the advertisement which appears in the Chesterland Telephone Directory advertising the emergency pages.

2005-104. Mr. Stevens moved to approve the renewal contract and advertising payment in full for the 2006 Chesterland Telephone Directory to advertise the emergency pages in the amount of $800.00 payable to the Chesterland Chamber of Commerce. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

Mr. Stevens explained a letter of request from Moreland Hills and a lawsuit by a builder. They are now asking for any type of financial assistance in support of their Amicus brief before the Ohio Supreme Court. The Chagrin River Watershed Partners have endorsed this request.

Mrs. Mula and Mr. Montague expressed their gratitude to the Chagrin River Watershed Partners for their past assistance to Chester Township and support this request for $250.00 toward filing the Amicus brief.

Mr. Stevens added that this is supporting our zoning, also.

2005-105. Mr. Stevens moved to approved $250.00 as Chester Township’s share of the

CWRP Proposed Amicus Brief with the Ohio Supreme Court in support of Moreland Hills and the zoning appeal. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

Question raised from the audience regarding items from the Spellman home including weapons and jewelry.

Mr. Montague explained the number and types of weapons seized along with a very small amount of jewelry. The Prosecutor’s Office has said the township cannot sell the weapons.

2005-106. Mr. Stevens moved to approve an agreement made on February 24, 2005,

between the Board of Trustees and Chester Fire Rescue, Inc. for the sum of $1.00 for fire protection and EMS agreement dated February 26, 2004, extended to March 17, 2005. Mrs. Mula seconded. Vote: Unanimous. Motion passed.

MISCELLANEOUS

Minutes to reflect the Storm Water Management Plan and Annual Report are up on our township website as of February 24, 2005. The approximate cost for having this information put on our website is $100.00.

The Clerk said she had read information in the Ohio Revised Code regarding the Board of Trustees discussing making necessary corrections to the minutes of the previous meeting at the next regular meeting and then signing them at the following meeting.

Mrs. Mula said she sees no benefit to review minutes at a public session. The Board of Trustees is legally responsible for the minutes of the meetings as to accurate content as to what happened.

ADJOURNMENT

There being no further business before the Board, Mr. Stevens adjourned the meeting at 9:12 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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