Trustees' meeting August 3, 2011

The regular meeting of the Board of Township Trustees, Newbury Township was called to order at 7:30 p.m., August 3, 2011, with Mr. Snively and Ms. Blair present. Minutes of the previous meeting were approved upon a motion by Ms. Blair, a second by Mr. Snively, and affirmative votes from Ms. Blair and Mr. Snively.

Road activity reported by Mr. Hollis included ditching on various township roads, application of asphalt, repairs to the Iron Man property parking lot, installation of new signs, replacement of driveway pipes, and completion of the Burton Township boom mowing project. Repairs were required to the Newbury Center cemetery fence due to a hit and run accident. A discussion was held regarding individuals placing decorations near gravesites in Munn Cemetery, with these decorations serving to impede lawn maintenance there. On behalf of Mr. Fagan, who had to leave for a fire call, Mr. Hollis reported that the Fire Department had 54 calls for the month of July, with 316 calls year-to-date.

Ms. Blair moved that the township approve the change order for the 2011 resurfacing project for various township roads, reflecting project additions in the amount of $285.00 and project deductions in the amount of $8,745.20, for a revised project total of $147,794.80 payable to Ronyak Paving, Inc. Mr. Snively seconded this motion, which passed by unanimous vote.

Zoning activity reported by Ms. Endres included an update on the judgment entry process underway for an indoor shooting range to be located at the Newbury Business Park; it was reported that the final judgment entry document should be ready for signing at the next meeting. She also reported that the abandoned Holmes house on Rt. 44 had been demolished, and that nothing has happened yet regarding the Levert home, which had been largely destroyed by fire several years ago. According to a budgetary estimate she had received, the property could be largely cleaned up for an approximate cost of $5,000. Mr. Snively requested that Ms. Endres contact representatives of the Levert estate to advise them that the township may move forward to have the home demolished and the costs for this demolition placed on their property tax duplicate. Mr. Snively said that he felt the township needed to ensure that the property was safe, but that the township should do the bare minimum in terms of making the property safe, not necessarily carrying out the demolition and lot restoration process to the degree an eventual owner of the property might restore the property.

Ms. Wishart reported two burials of cremains and one full burial, and provided an update on the Bremenour issue, reporting that APA Susan Wieland has sent the family an updated letter demanding the outstanding payments due on a gravesite be made.

Mr. Jerry Hudak addressed the trustees regarding the current height of the concrete pavilion pad as compared to the ground around the pavilion as a potential safety issue; it was noted that plans were underway to provide topsoil around the pavilion up to the grade level of the concrete pad.

July financials were briefly reviewed by Mr. Lair. Mr. Snively presented the Sheriff's report of 231 incidents for July, including 73 traffic stops, most occurring on the state routes and Auburn Road. Also reported were 24 alarm responses, 19 medical responses, and 11 reported thefts. Mr. Snively reported that 140 individuals were sent notices regarding prohibition of ATV activity within Oberland Park, with only 21 of these notices returned due to inability of the Post Office to locate the addressee.

Warrants approved by signing prior to or at this meeting:
Check # Date Payee Amount
27650 8/3/2011 David J. Lair - DL $ 1,376.58
27651 8/3/2011 John H. Mansfield - JM $ 1,415.86
27652 8/3/2011 Jas. Rick Phifer - JP $ 1,328.24
27653 8/3/2011 Randal R. Hollis - RH $ 1,558.58
27654 8/3/2011 Randal O. Hollis - ROH $ 1,122.82
27655 8/3/2011 Timothy A. Mansfield - TM $ 1,214.30
27656 8/3/2011 William J. Skomrock, Jr. - WS $ 663.80
27657 8/3/2011 John H. Mansfield - JM $ 683.51
27658 8/3/2011 Reliance Standard Life Insurance $ 559.18
27659 8/3/2011 Geauga County Maple Leaf $ 45.10
27660 8/3/2011 United Healthcare Insurance Co. $ 11,740.46
27661 8/3/2011 Dominion East Ohio Gas $ 156.53
27662 8/3/2011 FASTENAL CO. $ 135.67
27663 8/3/2011 Sunrise Springs Water Co. Inc. $ 101.50
27664 8/3/2011 PNC Bank $ 1,182.22
27665 8/3/2011 David Snively $ 8.50
27666 8/3/2011 The Penn Ohio Corporation $ 1,015.32
27667 8/3/2011 Windstream $ 292.30
27668 8/3/2011 Delta Dental $ 674.31
27669 8/3/2011 Speedway SuperAmerica $ 595.11
27670 8/3/2011 Kimball-Midwest Inc. $ 288.17
27671 8/3/2011 Ronyak Bros. Paving Inc. $ 147,794.80
27672 8/3/2011 Marshall Power Equipment $ 40.68
27673 8/3/2011 NAPA Auto Parts Middlefield $ 111.25
27674 8/3/2011 Cope Farm Equipment, Inc. $ 29.24
27675 8/3/2011 Tractor Supply Co. $ 25.98
27676 8/3/2011 Patsy Keyes $ 220.00
27677 8/3/2011 Ann Wishart $ 28.71
27678 8/3/2011 OHIO CAT 2 $ 270.57
27679 8/3/2011 Kokosing Materials $ 2,578.27
27680 8/3/2011 Chagrin Oil & Gas Co. Inc. $ 1,464.09
27681 8/3/2011 Western Reserve Farm Co-op $ 60.39
27682 8/3/2011 First Energy $ 1,599.55
27683 8/3/2011 Newbury Auto Parts Inc. $ 507.53
27684 8/3/2011 Waste Management of Ohio Inc. $ 12.92
27685 8/3/2011 Verizon Wireless $ 35.07
27686 8/3/2011 Marge Hrabak - MHR $ 123.65
27687 8/3/2011 Treasurer of State $ 850.05
27688 8/3/2011 Ohio Public Employees Deferred Comp. Pro $ 1,060.00
27689 8/3/2011 Ohio Public Employees Retirement System $ 7,664.15
27690 8/3/2011 Newbury American Legion $ 1,380.90
Total: $ 192,015.86
EFT transactions processed prior to or at this meeting:
Trans# Date Payee Amount
E00547 8/3/2011 Ann A. Wishart $ 521.34
E00548 8/3/2011 David A. Snively $ 712.32
E00549 8/3/2011 Douglas J. Zimperman $ 1,199.56
E00550 8/3/2011 George Mansfield $ 1,196.85
E00551 8/3/2011 Janice M. Blair $ 748.80
E00552 8/3/2011 Karen E. Endres $ 673.18
E00553 8/3/2011 Marcia J. Mansfield $ 21.94
W00055 8/3/2011 Middlefield Bank $ 3,422.31
Total: $ 8,496.30

Mr. Snively reported that the trustees will make a final decision regarding the issue of possible transition of maintenance and upgrade responsibility for Munn Road north of Bell St. to the Geauga County Engineer at the August 17th trustees meeting. Mr. Snively provided audience members an update on various questions that had been posed by area residents opposed to this action, noting that in a decision by the Ohio Supreme Court some years ago it was determined that neither the county or the township has the authority to ban through truck traffic from county or township roads. On the subject of weight limits, Mr. Snively reported that the Ohio Revised Code does provide some authority to Boards of County Commissioners to establish limits on weights. Mr. Snively reported that he has been talking to County Engineer Phillips, who will be available for the next meeting to both provide additional information and answer questions. While some residents stated that they thought some difference of opinion existed as to how quickly the county was looking to have a final decision on this issue by the Geauga County Commissioners and some residents asked the trustees to take their time making their preference known to the Commissioners, Mr. Snively expressed the opinion that the trustees wanted all the necessary facts to make a good decision, but that when those facts were known, they didn’t want to further delay making that decision.

Mr. Jerry Hudak presented a petition containing the signatures of 48 residents collected thus far in opposition to transfer of control of Munn Road north of Bell Rd. to the Geauga County Engineer. A number of Munn Road residents present stated their opposition to the county assuming control of the remainder of Munn Road, citing a number of concerns as mentioned in previous meetings including loss of roadside trees, loss of the historic character of the neighborhood, and fear that the widening of the shoulders and road surface that would probably happen at the time the road is next repaved would encourage higher speeds and increased traffic volume. The apparent clearing of all trees within the road right-of-way on the portion of Munn Rd. south of Bell already maintained by the county was noted as evidence that rather than only select trees close to the current edges of the road, it was probable that all trees within the right-of-way of the section currently maintained by the township would be removed when the road was scheduled for resurfacing if the road was turned over to the county.

Mr. Snively repeated the previously-cited concerns that the township must consider, including the estimated expense of resurfacing this section of Munn Rd should it remain under township control, especially if the recent increase in the accident rate on that section of road continued, which would make it more likely that the township would have to make some of the same widening improvements on the road at township expense that the county would handle should they take over the road. He said that a reasonable conclusion would be sought at the next meeting when County Engineer Phillips will be present to answer questions.

Ms. Blair reported that she had heard from Bruce Wiley regarding the fertilizer program for Oberland Park; she and Mr. Snively agreed that it would make sense to fertilize the westernmost five acres not used for sports activities as being the township's responsibility, whereas the remainder of the active area of the park should be fertilized from funds from the Recreation Board.

Based on the recommendations of Project Manager Chip Hess, Ms. Blair moved that NOPEC Grant project awards in the following amounts be awarded to Millstone Management Group:

Lighting Town Hall $2,311.00
Lighting TWP Garage $7,882.00
Lighting Fire Dept $9,954.00
Lighting Ironman $4,317.00
Total Lighting $24,464.00
Insulation Town Hall $3,020.00
Total Award $27,484.00

Mr. Snively seconded this motion, which passed by unanimous vote. Out of the funds remaining in the NOPEC grant, Ms. Blair recommended that the HVAC work for the Town Hall and the Iron Man building be re-bid, and made a motion to that effect; Mr. Snively seconded this motion, which passed by unanimous vote.

Mr. Snively recounted the situation involving Road Department employee Mr. George Mansfield who had been involved in an off-duty accident with his own vehicle, had been convicted in Chardon Municipal court on two charges related to that accident, and noted that the suspension of Mr. Mansfield imposed at the end of the last meeting for violation of the Newbury Township Personnel Manual, Section 10.1.3, Group 3 offense needed to be rescinded, as Mr. Mansfield had not been informed prior to that action of his right to a hearing on this matter. Ms. Blair moved that this prior action be rescinded. Mr. Snively seconded this motion, which passed by unanimous vote. It was noted that Mr. Mansfield has since signed a waiver to his right for a hearing, and Ms. Blair therefore moved to impose a 15 day suspension for Mr. George Mansfield, for a time to be served as agreed to by his supervisor. Mr. Snively seconded this motion, which passed by unanimous vote.

This meeting was adjourned at 9:36 p.m., upon a motion by Ms. Blair, a second by Mr. Snively, and a unanimous affirmative vote.