Township Meeting - 2/18/2003

The regularly scheduled meeting of the Board of Township Trustees, Newbury Township was called to order at 7:30 p.m., February 18, 2003, with all members present.  Minutes of previous meetings were approved with corrections.  The Trustees expressed their appreciation for the documentation recently provided by the Clerk regarding the current financial status of the township and how they can review current financial information on an ongoing basis.

Mr. Jackson Bonner, a sixth-grade student at Newbury School addressed the trustees advocating the addition of a skate park on the township property north of the school.   Mr. Majeski thanked Mr. Bonner for his proposal, and told him that the first meeting of the newly-appointed Land Use Committee would be meeting on March 11th at 7:00 p.m., that he would be welcome to attend, and that they would review this proposal.

The proposed purchase of a police vehicle was discussed; Mr. Lair said he had sent specification sheets to Preston and Junction; Preston has not responded, but Junction Auto has asked for the final specifications of a vehicle for their use in developing a quote.  Mr. Fioritto said that he would contact Chief Charvat to develop those specifications.

Road activity reported by Mr. Hollis included plowing, cindering, and minor truck repairs.  Mr. Hollis said the road crew would begin removal of the pine tree that fell at the Newbury Center Cemetery during a recent storm.  Mr. Majeski complemented the Road Department on the job they have been doing under difficult conditions.  Mr. Majeski reviewed the quote for a new pressure washer, and asked Mr. Hollis what type of warranty would be provided; Mr. Hollis said he would check.  Mr. Majeski reviewed door replacement quotes   Mr. Majeski moved that the township accept a quote from Geauga Door to replace 4 garage doors in the back building at an approximate cost of $7,000.  Mr. Quigley seconded this motion, which passed by unanimous vote.

Sick Leave and other benefits for the Road Department were briefly discussed; Mr. Majeski said he would like to have a meeting starting at 9:00 am on March 1st to discuss issues with the Road Department and other township business.  This meeting will begin at the Road Department facility to discuss Road Department issues, and adjourn back to the Town Hall to handle other Township Business.  The trustees briefly discussed issues with the current recycling setup.  Mr. Hollis asked the trustees to contact the County Engineer to have Kimmeridge Trail added to this year’s paving program.  The trustees discussed sending letters to residents on Munn south of Music to Bell, Whitewood, and Kimmeridge, regarding this year’s repaving program

Mr. Fioritto reported that the township is still waiting on overall results from the township water samples taken on February 6th.  It was noted that there are still no reported results on the Ohio Department of Health chemical samples taken last month, and that the February 26th meeting at the Geauga County Health Department in Chardon will begin at 11:00 am, to provide an update on ODH, Ohio and US EPA, and Health Department activities and findings relative to the Kiwanis Lake Issue.  It was reported that the most recent Repository update from the EPA is at the Newbury library.  In response to a question from Angie Grysho, the trustees said that Mr. Fioritto would follow up with Robert Weisdack and the State Health Department to see if results were available on the chemical tests performed by the Ohio Department of Health.

Mr. Fioritto moved that a $2000 supplemental appropriation be made to the 1A26 fund to contribute to cover the township’s contribution toward the chemical testing not included in the Ohio Department of Health funding of chemical tests of water from selected Kiwanis Lake and nearby homes. Mr. Majeski seconded this motion, which passed by unanimous vote.
Mr. Quigley said that he was working on the greenspace plan for the township properties located on Route 87.   The trustees discussed a preliminary plan presented by Mr. Charles Gates for commercial development of the northeast corner of the Rt 87 and Auburn Rd.  *** added 3/5/03:  Mr. Majeski asked Mr. Quigley to check with Mr. Gates to see if he would provide space on the corner for a township bulletin board; Mr. Quigley said he would do so. ***

Mr. Majeski reported that he would be talking to Mia Moore from First Energy regarding a proposal to replace street lighting fixtures at the intersection of Route 87 and Auburn Rd.   Mr. Majeski read the Mission Statement of the Newbury Land Use Committee.  Mr. Quigley reviewed some of the background information that he would be providing to the members of this committee.  

Mr. Quigley discussed asking the County Commissioners to support a .25% sales tax for purposes of upgrading the emergency communications in the county.  He read a letter he had prepared to the Commissioners supporting this measure; the other Trustees and Clerk signed this letter.

Mr. Quigley discussed a letter from County Engineer Phillips which expressed some willingness to look at ways to address concerns regarding replacement of trees near or in the road right of way that have been removed as part of highway improvement projects.  Mr. Quigley also discussed the new improvements in G.I.S. mapping that will be available for township use at no cost.  The trustees discussed the potential need for updating of the Township Land Use Plan and the 208 plan, which considers planning for sewers, based on input from Dave Dietrich.

The trustees discussed the current use policies for the Town Hall.  Mr. Majeski proposed that a group or individual should have to get permission from the trustees prior to serving food.  The trustees agreed that any action to change the Town Hall use policies further should wait until they hear back from John Tremsyn.  Mr. Majeski said he would get pricing on a refrigerator to be installed in the upstairs storage room.

Mr. Majeski said that he had a conversation with Linda Nokes, stating that he wanted to establish the new title for her of Office Manager and begin covering her benefits, effective February 1st.   Mr. Majeski moved that these changes in Linda Nokes position and benefits be adopted.  Mr. Quigley seconded this motion, which passed by unanimous vote.

The Trustees and Clerk discussed with Karen Endres replacement of the current Zoning computer, along with possible subsequent use of the current Zoning computer for the Road Department and installation of DSL and a local area network in the building shared by the Road Department and the Police Department.  Mrs. Endres said that she would obtain recommended GIS software specifications from the County Engineer’s Department, and Mr. Lair said that he would look at several sources to find the appropriate equipment at the lowest possible cost.  The trustees agreed that he could personally purchase a computer and be reimbursed by the township if that would enable the township to get the best price on a suitable computer.

Correspondence received since the last meeting was read by Mr. Majeski.  The trustees discussed vacating lot lines on township properties to eliminate current non-conformance with township zoning.  It was noted that the trustees and clerk would be attending a special County Township Association meeting on February 24th at 7:00 p.m., at the Liberty assisted living facility in Munson Township.

The trustees discussed the Great American Cleanup program, and established 9am – 2pm on April 26th as a tentative time and date.  Mr. Fioritto will submit application for supporting materials.  The trustees decided to place a flyer in the Courier publicizing this event.
The following purchase order was approved by signing prior to or at this meeting:
    P. O. #    Payee    Acct    Amount
    3589    Morton Salt Co.    04b02    $2,175.27
The following warrants were approved by signing prior to or at this meeting:
    Check #    Payee    Acct    Amount
    25141    Linda Nokes    01a02a    $652.42
    25142    Jack Lashley    01b01    $302.81
    25143    Karen Endres    01j01    $386.68
    25144    Doug Zimperman    20a01b    $1,387.77
    25145    Geo.Mansfield    20a01b    $1,445.51
    25146    Jas.RickPhifer    20a01b    $1,697.46
    25147    Randal Hollis    20a01b    $2,064.45
    25148    Randy O.Hollis    20a01b    $1,099.49
    25149    Tim Mansfield    20a01b    $1,314.36
    25150    David Lair    01a03    $7.20
    25150    David Lair    01a04    $26.46
    25151    GeaCntyTwpAssoc    01a03    $58.00
    25152    Flag Store    01a04    $71.10
    25153    PERS    01a12    $5,097.73
    25153    PERS    04a02    $9,236.03
    25154    Gr.Amer.Awards    01a04    $198.80
    25155    Linda Nokes    01a26    $8.70
    25156    Jack Lashley    01a26    $15.33
    25157    News Herald    01a26    $16.20
    25158    SunriseSprings    01a26    $19.50
    25158    SunriseSprings    03a05    $18.75
    25159    Ill.Co.    01e01    $1,279.70
    25160    NewburyPharmacy    01g04    $14.97
    25161    Ohio Def.Comp.    01j01    $200.00
    25161    Ohio Def.Comp.    20a01b    $235.00
    25162    Newb.TV Hdwe.    01a26    $53.48
    25162    Newb.TV Hdwe.    01g01    $6.29
    25162    Newb.TV Hdwe.    03a05    $140.15
    25163    Marathon Oil    01g04    $140.62
    25163    Marathon Oil    03a05    $152.06
    25164    HansTruckTrailer    03a05    $239.46
    25165    WingfootCommcl.    03a05    $25.00
    25166    Kimball-Midwest    03a05    $506.11
    25167    Newb.AutoParts    03a05    $241.61
    25168    CintasCorp.    03a05    $309.65
    25169    B&M Tool Sales    03a05    $76.62
    25170    FarmersWeldSuppl    03a05    $39.77
    25171    Newbury Tire    03a05    $15.00
    25172    ChagrinOil&Gas    03a05    $2,322.11
    25173    Doug Zimperman    03a05    $100.00
    25174    KopyKat    03a05    $88.60
    25175    TruckService,Inc    04a06    $1,793.02
    25176    Morton Salt    04b02    $2,175.27
    25177    NCB    01a01    $192.68
    25177    NCB    01a02    $110.44
    25177    NCB    01a02a    $44.10
    25177    NCB    01b01    $16.55
    25177    NCB    01g01    $198.69
    25177    NCB    01j01    $11.48
    25177    NCB    20a01b    $2,339.79
    25177    NCB    01a12    $112.76
    25177    NCB    04a02    $135.10
This meeting was adjourned at 10:02 p.m. upon a motion by Mr. Quigley, a second by Mr. Majeski, and a unanimous affirmative vote.

__________________________________  ___________________________________     
  William Majeski – Chairman            Robert Fioritto    – Vice Chairman       

__________________________________  ___________________________________
 Glen Quigley                         David Lair – Township Clerk

The trustees and clerk attended a Kiwanis Lake update meeting called to order at 11:10 a.m., February 26, 2003 at the Geauga Health District meeting room.  Participants included Robert Weisdack who hosted the meeting, John Ralph of Representative Grendell’s office, Dino DiSanto of Congressman Latourette’s office, Geauga County Commissioner Bill Young, Kurt Kollar and Bill Skowronski of the OHEPA, Health District employees Mike Tusic and Disease Surveillance Specialist Kathy Durcheck, Dan McDermott, and Dale Wedge and Ken Folsom from the EMA.

Mike Tusic presented information regarding the joint well sampling conducted by the Health District and Ohio Department of Health, reporting previously-cited bacterial results.  It was reported that results on chemical testing have not yet been received, and will first be given to individual well owners.   Bill Skowronski said that the EPA was planning to do some surface water testing of Kiwanis Lake in the spring.

Disease Surveillance Specialist Kathy Durcheck noted that state cancer information is held at the state level, and is considered confidential.  A Death Certificate Review for the years 96-01 has been performed to gather data for cross-reference, and to compare observed rates with what would be expected in the general population.  It was reported that Mr. Robert Indian of the Ohio Department of Health said on February 24th that case identification is nearing completion, and that this report has to go through review at the state level, then be forwarded to Mr. Weisdack.  Ms. Durcheck said she would like to present the information to the community residents in the community in an educational setting.

Mr. Ken Folsom noted that the mass-spectrometer they had expected to receive for a short demonstration period was appropriated by DOD for the Middle East; a replacement machine should be available by sometime in early March.  Health Department representatives will be present during the demonstration to learn more about the equipment and evaluate it as a possible future purchase, at an approximate cost of $135,000-$175,000.  Mr. Majeski asked that the trustees be advised as to its delivery date; Mr. Folsom and Mr. Weisdack said that they would let the trustees know in advance so that citizens could be given a chance to have their water sampled.

Mr. Fioritto reviewed actions taken to date by the trustees, stating that Newbury Township has appropriated $2,000 to help pay for the additional chemical tests not covered by the Ohio Department of Health Dept, plus $2,000 to pay for the 20-home scan testing program.  Homes selected included those with “excess” cancer in the household, houses without well logs, and areas north of the Kiwanis Lake area downstream toward the area near the intersection of Auburn and Pekin.  This study also tested specifically for hexavalent chrome because that was a stated concern; because that test has only a 24 hr. holding period, the hexavalent chrome test was processed immediately after samples were gathered.  Mark Kellmeyer rushed the samples back and tested for hexavalent chrome, which turned out negative/nondetectible for all 20 wells sampled.   Other chemicals tested for included TOX, TOC, and BTEX, and these test results are due back shortly.  Mr. Weisdack asked that results of any and all additional tests run by individuals be shared with the Health Department.

Bill Skowronski reported on the Manfredi studies performed to date, including the work of their environmental consultant and the GPR study.  Kurt Kollar described the GPR activity that was held on the Manfredi site, showing slides of the GPR equipment and the search grid followed to find the buried objects.  He noted that conclusions are speculative, and that further computer analysis is required to more accurately describe the objects found on the GPR scan.  One object approximately 10’x40’ in size, and smaller objects were found.  Mr. Kollar stated that the next step would be to bring in an excavator, open up the top of the tanker and determine if there is material in the tanker and sample the materials, and he noted that a good deal of preparation is required prior to actually starting to dig things up.  Mr. Kollar said that Manfredi is being cooperative, and is studying actions that may be required along with this process.  In response to a question from Mr. Fioritto as to whether a health and safety plan would be required, Mr. Kollar replied in the affirmative, noting that a sampling plan would be required as well; assurances need to be in place that proper procedures are being followed.  Mr. Kollar pointed out that the company has been voluntarily providing information to the EPA and said that a legal order for action has not been established as the company has agreed that they will be providing information.  Mr. Kollar said that the company could still take independent action, but that the EPA strongly recommends that all prospective action be reviewed beforehand with the EPA to ensure proper procedures are followed.  Bill Skowronski noted that the company provided all information and methodology prior to conducting the GPR survey, and expected that the same procedure would be followed for further tests.  Mr. Kollar reported that it was his understanding that that the company was conferring with their CEO and creating budgets for possible activity.

In response to a question from Mr. Fioritto as to whether the company is mandated to put in monitoring wells first, Mr. Kollar replied that at this point the company is devising plans to be presented, but he felt that placing monitoring wells would be a good first step.  He noted that Manfredi representatives are discussing monitoring wells on property boundaries as well, to address not only tankers but also potential issues with the former lagoon sites.

In response to a question from Mr. Dino DiSanto as to who was taking the initiative on activity to date, Manfredi or the EPA, Mr. Skowronski replied that the company had been cooperating and paying for all work done, adding that orders from the EPA have not been issued, and noting that going the route of the EPA issuing legal orders would probably take longer.  He felt that the company has been very open and cooperative to date.  Mr. Quigley asked how often would repository updates come to local repository, to which Mr. Kollar replied that for the time being, the plan was to submit updates each month.

Mr. Fioritto asked which surface water areas should be tested in the spring, to which Mr. Skowronski replied that his surface water specialist would be putting together a list based on data available.  Core sampling considerations have not been formalized for the Newbury Township property wetlands, the Newbury School wetlands lab, and the grounds and lagoons on the Manfredi site.  Mr. Skowronski said that samples should proceed in a logical and scientific manner, in areas where the data indicated the possibility of contamination.   Mr. Majeski restated concerns about possible wetlands contamination that he would like to have addressed.  Mr. Skowronski said that his department had stream flow specialists that would address those concerns, and Mr. Kollar noted that historical aerial photographs would be used to analyze for scarring or former disturbance of the land, to aid in this investigation.  Mr. Fioritto reiterated his goal of addressing citizen’s concerns and expressed satisfaction with the level of effort extended by all agencies at this point.

Mr. Majeski asked a question given to him by a township resident as to why the buried tankers or anomalies weren’t looked into earlier, as this problem dated back to the 1970’s.  Mr. Skowronski replied that in the 1970’s, it was not illegal for property owners to bury objects on their property.  He said that the company received a lot of attention from the EPA in the early 1970’s, right after the agency’s founding, and said that most of the other agencies taking an active role in regulating activities such as this weren’t operating until the early 1980’s.  In response to a question from Mr. Majeski about any geological permits granted prior to the construction of the lagoons, Mr. Skowronski noted that clay or plastic liners weren’t used back then, groundwater monitoring wells weren’t common back then, and the regulations didn’t require either of these items at the time.

Mr. Quigley asked questions passed to him by residents in attendance, as to who were the township trustees when the tankers were buried, and did Mr. McDermott have any idea what was in the tankers?  It was determined that if the tankers were buried in 1976, the trustees in office at that time were Grant Eaton, Carl Manfredi, and Robert Straus.  Mr. McDermott replied that he had no idea what might be in the buried tankers.  Mr. Quigley asked the Congressional and State Representative liaisons present to do what they could to expedite the receipt of information.

County Commissioner Young pledged the county’s support to help solve these problems in any way they could, and Mr. Ralph from Representative Grendell’s office stated his appreciation of citizen concerns and involvement.  Mr. McDermott noted that the Board of Health is regularly updated, and has given Mr. Weisdack their support in doing whatever needs to be done to address concerns raised by this issue.

Mr. Quigley asked another question forwarded to him, as to whether the creek or nearby soil was tested in the area on their property where a discharge by Manfredi was the basis of an EPA lawsuit, and if not, why not.  Mr. Skowronski said he would have to do some research to find the answer to that question.

Mr. Weisdack restated his commitment to getting full results, and recommended that the next meeting be scheduled by him when all relevant data has been received, to which the others agreed.  He felt that the chemical results should be received in the next two weeks, but couldn’t speak for how long the Cancer Study results will take to come in.

Mr. Fioritto noted that private well test results for tests conducted by National Testing Laboratories have all come back clean.  Mr. Weisdack requested that the results of these tests, plus the results of the 20-home scan test, be forwarded to the Health Department for inclusion in their records.

This meeting was adjourned at 12:38 p.m.

__________________________________  ___________________________________     
  William Majeski – Chairman                    Robert Fioritto    – Vice Chairman       

__________________________________  ___________________________________
 Glen Quigley                         David Lair – Township Clerk

A special meeting of the Board of Township Trustees, Newbury Township was called to order at 9:08 a.m., March 1, 2003, with Mr. Majeski and Mr. Fioritto present.  Also present at the Township Road Garage was Clerk David Lair and Road Superintendent Randy Hollis and Bob Villers from the Geauga-Trumbull Solid Waste District.  Those present walked out to the recycling site currently located on the west side of the Road/Police building to discuss current site configuration and proposed changes.  It was decided that cardboard recycling would be cut back to one container and signs would posted specifying that cardboard recycling was for residential use only; if problems persist with nonauthorized commercial cardboard dumping, those present agreed that the cardboard recycling program might be dropped altogether.  Installation of a monitoring camera was also recommended, and plans were discussed to move the site of the containers from their current position to a new fenced-in concrete pad to be built behind the building currently rented by the American Legion.

At 9:40 the meeting adjourned to the Town Hall.  The meeting was called back into session at 10:00 a.m., with Mr. Quigley joining the other trustees.   The first order of business was to cover sick leave policy, termination benefits, and vacation benefits for township employees.  

Mr. Quigley reported that he had conferred with John Tremsyn of the County Prosecutor’s office regarding the current policy manual.  According to Mr. Tremsyn, sections in the Ohio Revised Code that deal with civil service employees do not apply to the township, and that the township is not under state mandate to follow ORC sections that deal with civil service employees; thus the policy manual as revised by the previous board in August of 2000 and amended last year is the legal basis for township policies and benefits.

Mr. Majeski suggested that the township discuss vacation policy, and recommended that maximum vacation time be increased to 30 days after 25 years’ service.  The next issue covered was compensatory time.  It was noted that the current township manual does not cover this issue.  Sick time was discussed.  It was decided that salary plus overtime would be explored as an option to simplify issues such as sick time and compensatory time, as both could be handled within the framework of salaried employment, with documentation as to how certain illness and compensable time issues would be handled.  If a salary basis were not feasible, the policy manual would have to be modified to cover compensatory time; for the time being, it was agreed that the sick leave policy, as it exists in the current township manual, applies.

The issue of salary adjustments was discussed.  It was recommended that Randy Hollis Jr.’s hourly rate would be increased by $1.00 per hour, and that the other members of the Road Department be increased by 2%, all effective 1/1/2003.  

Mr. Majeski moved that the township proceed with the purchase of a pressure washer system for $4040.00.  This motion was seconded by Mr. Quigley, and passed by unanimous vote.

Mr. Majeski recommended that the hourly rate for Linda Nokes be raised from the current $11.75 to $13.50 per hour, in recognition of her new duties as Office Manager.
He also recommended that Jack Lashley’s hourly rate for town hall maintenance be increased by $1.00 per hour to $10.27, and that the current part-time cleaning service be discontinued.  The raises for Linda Nokes and Jack Lashley would be effective 3/1/2003.

Mr. Majeski recommended a modification of the town hall policy to allow for use and serving of food by authorized groups, but not individuals.   The other trustees agreed with this recommendation, and Mr. Quigley agreed to develop more specific language to be used.

Mr. Majeski moved that the previously noted recommendations on vacation time and employee salary adjustments be adopted.  Mr. Quigley seconded this motion, which passed by unanimous vote.   

Mr. Quigley brought up the issue of changing the 208 Plan for determining potential need for sewering in the central part of Newbury.  Mr. Fioritto *** added 3/05/2003:  and Mr. Majeski ***  brought up issues for potential submission for a federal transportation/infrastructure grant, including a turning lane at the Auburn/Rt87 intersection, township park upgrades, and an entry road into Oberland Park.  This meeting was adjourned at 12:12 p.m., upon a motion by Mr. Majeski, a second by Mr. Quigley, and a unanimous affirmative vote.

__________________________________  ___________________________________     
  William Majeski – Chairman            Robert Fioritto    – Vice Chairman       

__________________________________  ___________________________________
 Glen Quigley                         David Lair – Township Clerk