Township Meeting - 7/16/2003

The regularly scheduled meeting of the Board of Township Trustees, Newbury Township was called to order at 7:30 p.m., July 16, 2003, with all members present.   Minutes of previous meetings were approved as read.

Fire activity reported by Chief Fagan included 25 calls month-to-date, with 264 calls year-to-date.

Police activity reported by Acting Chief Battaglia included 1582 patrol miles for June and 33 incidents by compliant, with the Sheriff’s Department handling 165 incidents.  274 hours were worked for June, and 48 speed warnings were issued.  Chief Battaglia also reported a plan to input Newbury incidents into the Sheriff’s Department incident reporting system, to provide for combined reporting in the future.

Mr. Hollis reported that Whitewood is almost ready for its asphalt resurfacing, while Munn requires a few more pipes to be installed.  Following recent action on speed reduction in subdivisions by the trustees, most of the 25 mph signs have been installed.

Mr. Majeski brought up the issue of the use variance being sought for a property at 14800 Munnberry Lane.  A public hearing will be held in August between the Township Board of Zoning Appeals and D.B. Hartt, Inc., Agent for All Erection & Crane Rental Co.  It was noted that the Prosecutor’s office will be representing the ZBA at this hearing, and it was the advice of the Prosecutor’s office that the township trustees be represented by their own legal counsel.  Mr. Majeski moved that the township hire additional legal counsel to represent the township; Mr. Quigley seconded this motion, which passed by unanimous vote.  It was stated that Mr. Mike Lamanna would be representing the trustees at this hearing.  Mr. Majeski stated that there might be similar situations as the year progresses where the township will again need their own legal counsel, and made a motion that Mr. Lamanna be retained for the balance of the year for this purpose.  Mr. Majeski stated that there would be no financial impact for establishing this relationship, as opposed to going through the process of hiring counsel as the need arises.  Mr. Quigley stated that he liked the idea of a separate hiring of counsel for each hearing, to clearly establish all the actions taken on each hearing by the trustees.  In response to a resident’s question, Mr. Majeski clarified that the hiring of outside paid counsel would only be done when there was a hearing that required action by the trustees and in which the County Prosecutor’s office was already representing the ZBA.  It was noted by Mr. Quigley that use variances in particular are very sensitive and both the County Planning Commission and the County Prosecutor’s office recommended that hiring of outside counsel by the trustees was a prudent action to take.  In response to an audience question regarding the short lead time on recommendation of hiring of counsel by the Prosecutor’s office, the trustees said that in the recent case, the trustees were only given a couple of days’ notice that the Prosecutor’s office recommended hiring of legal counsel.   Following further discussion, Mr. Majeski withdrew his motion until he could verify the commercial basis of a retainer relationship with Mr. Lamanna.

Mrs. Douglas presented the trustees with an initiative petition proposing that the speed limit on Lucky Bell Lane be reduced to 25 mph.  From the fourteen homes in Newbury Township on Lucky Bell Mrs. Douglas obtained twenty signatures.
Mr. Majeski said that he would include Lucky Bell in a letter submitted to County Engineer Phillips requesting speed reductions on Stone and Portlew Rds, and would submit the petition with these requests.  Mr. Majeski moved that the trustees send this letter; Mr. Quigley seconded this motion, which passed by unanimous vote.  Mr. Quigley said that State Representative Grendell should be contacted and asked for his assistance, as the State ultimately decided any deviation from the standard method of establishing speed limits for a given road.

Mr. Majeski updated the trustees on his investigation into the feasibility of establishing “No Engine Brake” zones.   He reported that Bainbridge Township Trustees passed a motion to this effect and then notified ODOT that then would for a fee install signs in the desired areas.  Mr. Quigley said that he wanted to do some more research prior to the township moving forward on this issue.

Kyle Dreyfuss-Wells and Amy Holtshouse from the Chagrin Valley Watershed Partners addressed the trustees and audience, describing the goals of this group and reporting on a Headwater stream study currently being undertaken, partially in Newbury Township.

Mr. Majeski brought up the issue of the current depository relationship with National City Bank.  Mr. Majeski made a motion to renew the depository agreement with National City Bank.  Mr. Fioritto seconded this motion, which passed by unanimous vote.

Mr. David Couch addressed the trustees, asking that the trustees to take action limiting the actions of Newbury Sand and Gravel on the portion of their property which is within Newbury Township.  Mr. Majeski read a letter addressed to the owners of Newbury Sand and Gravel, reaffirming that any use of this property not specifically allowed in township zoning is prohibited, and asking them to describe actions which they will take to ensure that zoning violations do not occur.  Mr. Majeski moved that this letter be sent.  Mr. Quigley seconded this motion, which passed by unanimous vote.

Mr. Quigley moved that the trustees pass Resolution 20030716001 to establish
the speed limit on Lucky Bell Lane at 35 MPH.  Mr. Fioritto seconded this motion, which passed by unanimous vote.

Mr. Majeski moved to adopt the NOPEC Natural Gas Opt-Out Resolution.  Mr. Fioritto seconded this motion, which passed by unanimous vote.  Mr. Majeski moved to approve the installation by Dominion East Ohio Gas of Magnesium anodes for corrosion control in Dominion East Ohio’s gas pipelines.  Mr. Fioritto seconded this motion, which passed by unanimous vote.

Mr. Majeski asked Mr. Lair to discuss the possible need to place a replacement road levy on the November ballot to replace the 1979 2.8 mill levy due to expire at the end of next year.  Mr. Lair said that it appeared that a 1.4 mill replacement levy at current valuation would provide enough funding to compensate over the next several years for rising costs of road repair, road materials, and employee benefits.  He explained that the trustees could put an issue on the ballot as early as this November, but it was decided by the trustees that to avoid a potential conflict with the upcoming school levy this November, action to put a new road levy on the ballot will be deferred until next year, since the township has until November 2004 to pass a levy before funding would be lost.

Mr. Quigley recommended that the 30-hour maximum for Karen Endres’ hours be eliminated; the trustees agreed that the workload has increased, but because there may be ramifications for benefits eligibility, the trustees decided not to take action on this issue at this time.

Correspondence received since the last meeting was read by Mr. Majeski.  

Chris Yaecker addressed the board regarding a need to accommodate a zoning use in the township for a private recreational facility.  Mr. Yaecker said that he had received a proposal from Northstar Planning and Design to assist in development of zoning accommodation for this use, at a rate of $85 per hour, not to exceed $1,000.  Mr. Quigley moved that Northstar be retained for this purpose; Mr. Majeski seconded this motion, which passed by unanimous vote.

The following purchase order was approved by signing prior to or at this meeting:
    P. O. #    Payee    Acct    Amount
    3697    CEDE & Co.    15a1b    $35,000.00
    3697    CEDE & Co.    15a04b    $927.50
        Total:        $35,927.50
The following warrants were approved by signing prior to or at this meeting:
    Check #    Payee    Acct    Amount
    25606    void        $0.00
    25607    void        $0.00
    25607    OTARMA    01a06    $10,032.53
    25607    OTARMA    04a10    $5,515.47
    25608    News Herald    01a26    $35.85
    25608    News Herald    01j03    $50.85
    25609    Sunrise Springs    01a26    $19.50
    25610    Ill. Co.    01b04    $214.88
    25610    Ill. Co.    01e01    $1,296.49
    25610    Ill. Co.    04a09    $328.82
    25611    HiLiteMaint.    01b07    $312.00
    25612    Geauga Glass    01b07    $226.77
    25613    RussellMemorials    01d06    $86.25
    25614    WileyC.Frank    01g04    $174.00
    25615    AllWaysFlasher    03a05    $730.66
    25616    Cintas Corp.    03a05    $248.72
    25617    Verizon Wireless    04a09    $119.50
    25618    Linda Nokes    01a02a    $743.17
    25619    Jack Lashley    01b01    $43.98
    25620    Jack Lashley    01d01    $644.05
    25621    Doug zimperman    20a01b    $1,066.26
    25622    Geo.Mansfield    20a01b    $1,066.89
    25623    Jas.RickPhifer    20a01b    $1,293.52
    25624    Randal Hollis    20a01b    $1,547.37
    25625    Randy O. Hollis    20a01b    $839.56
    25626    Tim Mansfield    20a01b    $1,040.45
    25627    Karen Endres    01j01    $570.45
    25628    US Postmaster    01a04    $37.00
    25628    US Postmaster    01j02    $37.00
    25629    DaytonLegalBalnk    01a04    $54.74
    25630    ComDoc,Inc.    01a05    $60.24
    25631    Lowe'sGreenhouse    01a26    $36.45
    25632    UHHSGea.Hosp.    01a26    $51.00
    25633    Newb.Pharmacy    01g04    $20.00
    25634    News Herald    01j03    $47.85
    25635    Ohio Def. Comp.    01j01    $200.00
    25635    Ohio Def. Comp.    20a01b    $235.00
    25636    Newb.TV Hdwe.    03a05    $364.77
    25637    D&A Rebuilders    03a05    $95.00
    25638    Preston Chev.    03a05    $38.21
    25639    Sidley,Inc.    03a08    $350.15
    25640    OsborneConc/Ston    04b02    $2,464.15
    25641    AllWaysFlasher    03a05    $597.24
        Total:        $32,936.79

Mrs. Majeski reported on progress in developing the Community Days program to be held on August 9th from 12 to 6 p.m.   Mr. Majeski moved that the meeting be adjourned at 10:57 p.m.; Mr. Fioritto seconded this motion, which passed by unanimous vote.

____________________________  __________________________________     
  William Majeski – Chairman        Robert Fioritto– Vice Chairman       

____________________________  ___________________________________
 Glen Quigley                         David Lair – Township Clerk