The regular meeting of the Board of Township Trustees, Newbury Township was called to order at 7:30 p.m., March 19, 2008, with all trustees present.   Minutes of the March 5, 2008 meeting were approved as read upon a motion by Mrs. Blair, a second by Mr. Snively, and a unanimous affirmative vote.

Purchase Orders approved by signing prior to or at this meeting:    
P.O. #    Date    Payee    Amount
     8-2008    3/6/2008    Southeastern Equipment     $  40,421.58
     9-2008    3/6/2008    Cope Farm Equipment, Inc.     $  46,343.94
        Total:     $  86,765.52
Warrants approved by signing prior to or at this meeting:    
Check #    Date    Payee     Amount
30299    3/11/2008    Delta Dental     $    1,176.90
30300    3/11/2008    Karen Endres     $        23.68
30301    3/18/2008    George Mansfield            - GM     $    1,908.43
30302    3/18/2008    Jack Lashley                - JL     $      373.31
30303    3/18/2008    Jas. Rick Phifer            - JP     $    2,196.20
30304    3/18/2008    Karen E. Endres             - KE     $      881.26
30305    3/18/2008    Linda C. Nokes              - LN     $      716.12
30306    3/18/2008    Marcia J. Mansfield         - MM     $      210.09
30307    3/18/2008    Randal R. Hollis            - RH     $    2,639.03
30308    3/18/2008    Randal O. Hollis            - ROH     $    1,543.29
30309    3/18/2008    Timothy A. Mansfield        - TM     $    1,831.02
30310    3/18/2008    Douglas J. Zimperman        - DZ     $    1,972.88
30311    3/18/2008    Ohio Public Employees Deferred Comp. Pro     $      555.00
30312    3/19/2008    United Healthcare Insurance Co.     $    5,721.07
30313    3/19/2008    Chagrin Oil & Gas Co. Inc.     $    1,015.86
30314    3/19/2008    Morton Salt Inc.     $    3,410.55
30315    3/19/2008    Cintas Corp.     $      303.64
30316    3/19/2008    Farmers Welding Supply Inc.     $        16.64
30317    3/19/2008    ABCO Distribution, Inc.     $      107.50
30318    3/19/2008    Flag Store     $        46.60
30319    3/19/2008    Geauga County Maple Leaf     $      131.10
30320    3/19/2008    Goodyear Street & Hwy.     $      969.00
30321    3/19/2008    Advance Auto Parts- HSBC Bus. Sol.     $      255.21
30322    3/19/2008    MANGIA! MANGIA!     $      102.83
30323    3/19/2008    First Quality Sales     $      265.03
30324    3/19/2008    Hans' Truck & Trailer Repair, Inc.     $      325.48
30325    3/19/2008    Geauga County Engineer     $        25.00
30326    3/19/2008    Western Reserve Office Supply     $        21.74
30327    3/19/2008    Linda Nokes     $        69.66
30328    3/19/2008    Geauga County Township Association     $        76.00
        Total:     $  28,890.12

Mr. Skomrock reported on a recent Geauga County Health District Advisory Council meeting that he had recently attended, noting that a sharp downturn in septic and plumbing permit activity has resulted in decreased revenue.  In addition, recently mandated septic inspection regulations have driven up costs.  As a result, it appears at this time that the moratorium on assessment of townships which ended nearly ten years ago may be coming to an end, although an effort may be made to increase levy revenue to support this department instead.

Mrs. Blair reported that the Market Analysis deliverables meeting with the Cobalt Group was re-scheduled for 3/24 at 10 am at the Geauga County Department of Water Resources office.  She also reported that Geauga Feed and Supply was looking for a new location with more space in the township.   A resident asked a question regarding tax impact of the loss of the former structures on the property at the northeast corner of Rt. 87 and Auburn, vs. the revenue from the new and fewer (at this point) structures on that parcel.  Mr. Skomrock replied that Mr. Panzica bought the property and paid to have the old structures removed as part of the redevelopment of that property, which was his right as the property owner.

It was noted by Mr. Snively that a Judgment Entry hearing date of April 16th had been set in Judge Fuhry’s court regarding the Silver property.  It was reported that the Impulletti Judgment Entry was now complete.  Mr. Eppley commented that the township’s recent preference for judgment entries was taking power away from the ZBA and substituting legal action that may add to cost and take more time.  Mr. Snively responded that a judgment entry with a straightforward issue and parties in agreement as to desired outcome could be handled fairly quickly.  Mr. Skomrock stated that the Steven Douglas and Impulletti property judgment entries both had positive outcomes for the township.  Mr. Eppley stated that problems with ZBA inflexibility could be traced back in many instances to how the Zoning Commission has crafted the current Zoning Resolution.  Mr. Bill Skomrock Sr. stated that everyone has the right of appeal, yet that right has now been taken away from the ZBA, and that people have been allowed to mandate changes that have overly restricted the rights of property owners.   A current case discussed involved a property owner who has purchased three lots with a total of eleven acres who wanted to tear down an existing structure and build a replacement structure, tearing down the existing structure after the replacement structure was completed.   It was suggested that a modified affidavit of fact might be employed to resolve this issue, rather than a judgment entry.  Mr. Snively stated that he believed that a judgment entry should be used only as a last resort.  It was noted that fear of creating a precedent was a major rationale for using a judgment entry, but a favorable ruling from the ZBA will not be precedent-setting unless that ruling is made on a controversial case where the desired result is contested by an interested party.  The trustees all expressed support for the Zoning Commission.  

Mr. Snively reported that the Chagrin River Watershed Partners had grant money available for remediation action that could reduce potential for flooding from the northwest corner of the Kiwanis Lake community.   Mr. Snively also reported that he had found out that surveying of all four cemeteries had been completed in 2002 with the assistance of Mrs. Grosvenor from Claridon, who would be willing to meet Mr. Snively and provide this surveying data to him.

Mr. Skomrock reported that the township had received a quote for 2008 flowerbed and landscaping work from Scape-Abilities, at no increase from the price for last year.  Mr. Skomrock moved that this proposal be accepted; Mrs. Blair seconded this motion, which passed by unanimous vote.

Mr. Skomrock asked the other trustees if they would waive the hearing as offered by the Ohio Division of Liquor Control regarding a liquor permit (#5783264) for Hickory Lake Tavern.  Mrs. Blair moved to waive the hearing; Mr. Skomrock seconded this motion, which passed by unanimous vote.

Mr. Skomrock moved that the Board adopt Resolution 2008031901, a to join the State of Ohio Cooperative Purchasing Program.  Mr. Snively seconded this motion, which passed by unanimous vote.

Mr. Skomrock reported that since Mr. Lashley intends to retire in the near future, the trustees need to consider alternatives to deal with cemetery maintenance.  It was agreed that the township should place an advertisement looking for interested persons to do this work, and it was suggested that the township should have a mandatory pre-bid inspection of the areas to be maintained as part of this service.  Mr. Suvak of Scape-Abilities offered to do the work on an interim basis for $70 per hour for two workers; the trustees expressed appreciation for this offer.

It was noted that Linda Nokes had submitted her resignation effective March 31st.   It was suggested that some of the candidates that had applied recently for the part-time position filled by Marcia Mansfield could be contacted to determine their interest and daytime availability, in order to maintain some daytime administrative office hours to serve the public.

Correspondence received since the last meeting was reviewed by Mr. Skomrock.  It was reported that Boy Scout Troop 99 wished to hold a campout at Grange Park from August 1st through the 3rd.  The trustees tentatively agreed with this request pending receipt of evidence of insurance coverage.

Mr. Skomrock presented salary adjustment recommendations for the Road Department from Mr. Hollis; Mr. Lair said he would input these recommendations into the 2008 salary adjustment spreadsheet to see how these recommendations worked within the target salary budget.  This meeting was adjourned at 9:20 p.m., upon a motion by Mrs. Blair, a second by Mr. Snively, and a unanimous affirmative vote.


______________________________     _______________________________     
William Skomrock, Jr. – Chairman        David Snively – Vice Chairman


_______________________________    _______________________________
Jan Blair                 David Lair – Fiscal Officer