Township Meeting - 4/20/2005

The regularly scheduled meeting of the Board of Township Trustees, Newbury Township was called to order at 7:30 p.m., April 20, 2005, with all members present.  Minutes of previous meetings were approved as read upon a motion by Mr. Majeski, a second by Mr. Fioritto, and a unanimous affirmative vote.

Fire activity reported by Mr. Fagan included 22 calls month-to-date, and 174 year-to-date.  Mr. Quigley brought up the issue of concrete pad replacement at the fire station.  It was reported that although Mr. Hollis had attempted repair of the damaged areas, a more thorough repair appeared to be necessary.  It was agreed that the fire dept trustees would consider these repairs and the desirability of paying for these repairs from the fire-other account.  Dean Eppley said he would look at both the driveway and apparent need for repairs to some of the gutters.

Mr. Quigley reported that the BZA had determined a proper settlement in the Tomsic case, and would be contacting the Tomsic attorney to begin this process.  Briefly discussed at this point were issues relating to the Oberland Park property, including a proposal to create Rec Board parking and the status of a grant applied for through Congressman LaTourette’s office.  Mr. Majeski moved that a proposal from Ironwood Landscaping, Inc. for two applications of fertilizer at $410 per application be accepted.   Mr. Fioritto seconded this motion, which passed by unanimous vote.  

Mike Nelson, Richard Endres and Mary Cseplo were thanked for volunteering to become the three member Financial Review Committee and adjourned with Clerk David Lair for an orientation covering township finances and the Township UAN accounting system.

Karen Endres was asked to give an update on zoning activities.  Her report included discussion of the Roberta Ann Munn Rd. property, the Thomas property on Sperry Rd., the Brookwood property on Idlewood, and an update of a countywide Zoning Inspectors’ meeting held in Russell Township.

Mr. Quigley updated the Trustees on a number of issues. Regarding the Tomsic ZBA hearing, all agreed that any future journal entry would be limited to the arranged conditions established by the ZBA and Mr. Tomsic.   It was reported that discussions with the school board concerning the transfer of ownership of the school wastewater management plant were progressing and all were optimistic about the final outcome.  It was reported that the case of All Erection Crane vs. Newbury Township has a pretrial date in the month of December.  Newbury Township’s motion to intervene into the D&R Properties case was discussed. All the briefs have been filed and we are awaiting an answer. Attorney Mike Lamanna’s bill for $550.00 was approved for payment by the trustees.  Also discussed was a Chagrin River Watershed Partners report titled “Headwater Stream and Impervious Study.”  It was reported that generally the studied streams were of good quality with the presence of fish and insect larva but as Newbury approaches “build-out” we are in danger of stream degradation and should consider implementing zoning regarding riparian setbacks as a way to protect the water quality.

Mr. Quigley reported that Police Chief Battaglia has filed a lawsuit naming the Township as a defendant.  He and his wife are seeking $100,000.00 in damages as a result of the hit and run accident on Auburn Rd. involving Chief Battaglia.   Mrs. Avalon pointed out that this is the 5th lawsuit filed by Mr. Battaglia against the Township. Mr. Quigley has notified the Township’s liability provider and will update the board.

Mr. Majeski read a letter concerning an upcoming County Commissioners’ meeting to be held at Kenston (Corrected – West Geauga) High School to discuss the results of a current study by the County Commissioners.  He and a representative from Kinetico will be attending.

Mr. Fioritto discussed correspondence from Frank Gates Service Company regarding the township’s experience and premium report.  Of most concern are accidents that not only injure employees but also affect the rate of our Workers Compensation. He plans to initiate an ongoing employee safety program.  

The operation of the police department was discussed and the disposal of the 3rd police car was tabled until Mr. Fioritto could research our current OTARMA policy in regards to individual premiums or a blanket policy covering all of the police vehicles was clarified.  General discussion followed concerning plans to cut cost by implementing a program that may provide additional or replacement patrol by officers needing to maintain certification, or contracting with the Sheriffs Office and dissolving the NPD.  These discussions were prompted by increased cost and declining revenues including the possibility of losing some revenue sources completely.  It was noted that based upon the carry forward balance from 2004 if the Township had the previously experienced  $28,000 cost of its share of the county health department we would have been in the red. Mr. Majeski added that the state budget may see a 20% cut in county funding with a 10% to Townships.

A letter was presented to the Trustees by Ann Carpenter of Ravenna Rd., expressing her concern regarding a neighbor who is allegedly burning garbage in his home boiler. Mr. Quigley said he would contact her and the Lake County Health Department to investigate this matter.

Audience comments were received from Mr. Bond regarding the police department and what criteria are being considered to determine the police coverage within the township.
Mr. Eppley voiced his concern about allowing excavating operations in the commercial district and restated his conviction that the BZA has the right granted by the ORC to permit them to grant the requested variance by Mr. Tomsic.  Mr. Bill Skomrock Sr. questioned the Trustees concerning the townships position on being “business friendly”. He feels that the zoning resolution is restrictive in nature and should be altered to allow business to operate without the entanglements created by such zoning.  Mr. Bill Mull former Newbury Police Chief commented on the NPD and stated that he feels that the absence of the NPD would not be detrimental to Newbury as we are served by the Sheriffs’ Office.  Mr. Bill Skomrock Jr. commented on the proposed concrete “wash” that was to be added to the Township owned recreation fields and explained from his experience he would not recommend that as part of a permanent solution to resolving the base requirements for a parking area. The Trustees agreed, with Mr. Majeski to inform Roger Mezak that only gravel was to be used as a base for the previously approved parking area.

Correspondence received since the last meeting was reviewed by Mr. Quigley, and included a letter from Lou Mezak concerning the expenditure of Township funds and his disappointment in the Trustees appearing to not support the Teague Plaza.  Other topics of general discussion included the Riparian Setback guidelines.  

Blanket Certificates approved by signing prior to or at this meeting:
B.C. #    Date    Payee    Amount
    85-2005    4/12/2005    Various Vendors    $5000.00
Warrants approved by signing prior to or at this meeting:    
Check #    Date    Payee    Amount
27407    4/12/2005    TIP PLUS CORP.    $2,274.00
27408    4/16/2005    Linda Nokes    $509.21
27409    4/16/2005    Jack Lashley    $114.11
27410    4/16/2005    Jack Lashley    $770.00
27411    4/16/2005    Karen Endres    $462.35
27412    4/16/2005    Randal R. Hollis    $2,023.47
27413    4/16/2005    Randal O. Hollis    $1,100.46
27414    4/16/2005    Tim Mansfield    $1,383.04
27415    4/16/2005    George Mansfield    $1,345.04
27416    4/16/2005    J. Rick Phifer    $1,266.73
27417    4/16/2005    Doug Zimperman    $1,354.53
27418    4/20/2005    P.E.R.S.    $4,843.47
27419    4/20/2005    Ohio Public Empl. Def. Comp. Pro.    $645.00
27420    4/20/2005    ComDoc Inc.    $34.51
27421    4/20/2005    Newbury True Value Hardware    $160.63
27422    4/20/2005    Bestone, Inc. (Best Sand)    $123.50
27423    4/20/2005    Cintas Corp.    $357.15
27424    4/20/2005    Chagrin Oil & Gas Co. Inc.    $1,512.18
27425    4/20/2005    First Quality Sales    $95.98
27426    4/20/2005    Hans Truck & Trailer Repair Inc.    $158.79
27427    4/20/2005    J.P. Clark Electric Inc.    $820.20
27428    4/20/2005    Grainger    $664.30
27429    4/20/2005    Geauga Security Inc.    $225.00
27430    4/20/2005    CED    $151.17
27431    4/20/2005    Geauga County Maple Leaf    $79.90
27432    4/20/2005    National City Bank    $22.70
        Total:    $22,497.42

This meeting was adjourned at 9:42 p.m., upon a motion by Mr. Fioritto, a second by Mr. Majeski, and a unanimous affirmative vote.



__________________________________  ___________________________________     
  Glen Quigley – Chairman            Robert Fioritto – Vice Chairman       


__________________________________  ___________________________________
  William Majeski                     David Lair – Township Clerk