Geauga County Maple Leaf April 28, 2011 -

Newbury Township trustees passed a resolution last Wednesday to clean up a section of Pekin Road affected by a road-paving project.

The section of Pekin affected spans the Russell-Newbury Township border eastward to the Pekin-Sperry Road intersection. Over the past year, controversy occurred between trustees and a few property owners with regards to property right-of-way, erosion and paving construction issues. The controversy increased to the point where lawyers were brought in, representing both the township and several of the homeowners. Last fall, work was halted as both sets of attorneys engaged in legal wrangling related to those issues, especially a right-of-way issue involving homeowner Pam Maurer.

Trustees voted to clean up the road after attorneys gave them the green light, according to Trustee David Snively.

"We put (Road Superintendent) Randy (Hollis) on hold, due to the threat of potential lawsuits and claims," Snively said. "He'll go in and make repairs to the road as is normal practice after a paving project."

The $420,00 project, funded with $120,000 joint funds from Russell and Newbury Townships as well as a $300,000 Ohio Public Works Commission grant, was supposed to be fully completed last August. Its goal was to straighten the road.

He said Hollis will began cleanup operations once the weather improves and his schedule allows.

"You can't do this work in pouring down rain," the trustee added.

The actual work will consist of brush cleanup, berm repair and culvert work near a trouble spot by Maurer's property. Snively said the road department's goal is for water runoff to head off road and under driveways the proper way. The road department also said it would attempt to mow the area in a way that it would not inconvenience the homeowner's mowing.

Although the road department will perform post-construction cleanup duties, it will not do specific repairs for private homeowners at their request.

"Their job is to help bring the road into the service and condition the road the way it should be," Snively said of Hollis and his crew. "We're not going to come out and say, 'Is there anything we can do for you?' to the homeowners. We're not doing private work; we're just making sure we've restored things to where they should be."

Maurer, who did not attend the meeting, said she was disappointed nobody from the township contacted her regarding the fact discussion was scheduled to take place at last week's meeting.

"It's disappointing they wouldn't inform the homeowners they were going to talk about it," she said of the trustees. "I'm still wondering what's going on. Also, the runoff issue on my property is getting worse.

"I know they can't come out right now," she conceded, acknowledging the presence of the recent heavy rains. "But if they were going to do something, they should let us know."

Last year, she contended the Geauga County Engineer's Office was to blame for most of the problems related to the road paving and road-straightening project.

However, unusually wet weather and snow cover may have made a minor problem worse, County Engineer R.L. Phillips said earlier this year.

Phillips told trustees in March it was not unusual for heavy rain and snow to wash out a berm.

The first erosion issue started in February 2010, when Maurer and her husband approached trustees after seeing red Xs marked on trees lining her property the road. At the time, the couple said it was receptive to having a few trees removed, because they understood the road had to be widened.

But 35 trees on her property were removed, which was one of the contributors to the erosion problem, she said last year.

Newbury Township trustees passed a resolution last Wednesday to clean up a section of Pekin Road affected by a road-paving project.

The section of Pekin affected spans the Russell-Newbury Township border eastward to the Pekin-Sperry Road intersection. Over the past year, controversy occurred between trustees and a few property owners with regards to property right-of-way, erosion and paving construction issues. The controversy increased to the point where lawyers were brought in, representing both the township and several of the homeowners. Last fall, work was halted as both sets of attorneys engaged in legal wrangling related to those issues, especially a right-of-way issue involving homeowner Pam Maurer.

Trustees voted to clean up the road after attorneys gave them the green light, according to Trustee David Snively.

"We put (Road Superintendent) Randy (Hollis) on hold, due to the threat of potential lawsuits and claims," Snively said. "He'll go in and make repairs to the road as is normal practice after a paving project."

The $420,00 project, funded with $120,000 joint funds from Russell and Newbury Townships as well as a $300,000 Ohio Public Works Commission grant, was supposed to be fully completed last August. Its goal was to straighten the road.

He said Hollis will began cleanup operations once the weather improves and his schedule allows.

"You can't do this work in pouring down rain," the trustee added.

The actual work will consist of brush cleanup, berm repair and culvert work near a trouble spot by Maurer's property. Snively said the road department's goal is for water runoff to head off road and under driveways the proper way. The road department also said it would attempt to mow the area in a way that it would not inconvenience the homeowner's mowing.

Although the road department will perform post-construction cleanup duties, it will not do specific repairs for private homeowners at their request.

"Their job is to help bring the road into the service and condition the road the way it should be," Snively said of Hollis and his crew. "We're not going to come out and say, 'Is there anything we can do for you?' to the homeowners. We're not doing private work; we're just making sure we've restored things to where they should be."

Maurer, who did not attend the meeting, said she was disappointed nobody from the township contacted her regarding the fact discussion was scheduled to take place at last week's meeting.

"It's disappointing they wouldn't inform the homeowners they were going to talk about it," she said of the trustees. "I'm still wondering what's going on. Also, the runoff issue on my property is getting worse.

"I know they can't come out right now," she conceded, acknowledging the presence of the recent heavy rains. "But if they were going to do something, they should let us know."

Last year, she contended the Geauga County Engineer's Office was to blame for most of the problems related to the road paving and road-straightening project.

However, unusually wet weather and snow cover may have made a minor problem worse, County Engineer R.L. Phillips said earlier this year.

Phillips told trustees in March it was not unusual for heavy rain and snow to wash out a berm.

The first erosion issue started in February 2010, when Maurer and her husband approached trustees after seeing red Xs marked on trees lining her property the road. At the time, the couple said it was receptive to having a few trees removed, because they understood the road had to be widened.

But 35 trees on her property were removed, which was one of the contributors to the erosion problem, she said last year.