The regular meeting of the Board of Township Trustees, Newbury Township was called to order at 7:30 p.m., July 20, 2011, with all trustees present. Minutes of the previous meeting were approved upon a motion by Mr. Skomrock, a second by Mr. Snively, and affirmative votes from Mr. Skomrock and Mr. Snively, with Ms. Blair abstaining due to her absence from the previous meeting.

Mr. Skomrock moved that Ms. Blair be authorized to act as the Chief Executive Officer for the Burton Heights Blvd Resurfacing project, and execute the Project Agreement document with the Ohio Public Works Commission for OPWC PY-11 funding. Mr. Snively seconded this motion, which passed by unanimous vote.

Mr. Skomrock moved that upon the recommendation of the Geauga County Engineer, the bid from Ronyak Paving Inc. for the resurfacing of a portion of Burton Hts. Blvd. in the amount of $94,382.96 be accepted as the lowest and best bid. Ms. Blair seconded this motion, which passed by unanimous vote.

Ms. Blair provided a Parks report regarding planned purchase of signs for Oberland Park, reviewing quotations received for signs to designate parking locations and restrictions. Mr. Skomrock voiced his concern for the expenditure, but agreed with the necessity to provide some order in regards to parking at the facility.

At 7:45 pm the opening for the sealed proposals for energy improvements for township facilities to be funded primarily from the NOPEC Powering Our Communities grant was conducted. It was noted that the solicitation for these proposals had been properly advertised; results were as follows:

Bidder Lighting Town Hall Lighting Garage Lighting FD Lighting Ironman HVAC Town Hall HVAC Ironman Carpentry Town Hall Insulation Town Hall Vinyl Drape Total
Bid responses properly submitted:
Millstone Mgmt Group $2,311 $7,882 $9,954 $4,317 $9,590 $5,179 $5,525 $3,020 $2,379 $50,157
R. D. Jenkins $6,500 $10,000 $15,500 $8,500 $40,500

Bid responses with irregularities:
Cochran Bros.- Faxed $2,475 $604 $3,079
ESJ Electrical-not sealed dropped off $29,475 $34,250 $83,765 $21,450 $39,450 $87,500 $12,800 $21,550 $3,300 $333,540
Northeast Insulation-Faxed $5,700 $1,950 $7,650
All Phase Maint-dropped off @ DL house sealed $4,700 $11,300 $19,700 $5,900 $41,600

Ms. Blair announced that following legal review of bids submitted with irregularities and technical review by Mr. Hess, the trustees would make their final awards from those bidders whose bids are valid, as recommended based on price and compliance with established specifications.

Mr. Snively turned to the next topic of discussion, that of the request by the Geauga County Engineer to assume responsibility for maintenance and improvement of the portion of Munn Road, between Bell St. and Route 87, which is currently under township control. Mr. Lair shared with the audience statistical information on traffic count, average speed, estimated percentage of truck traffic, and accident frequency information, as had been provided to him by County Engineer Robert Phillips. Engineer Phillips had supplied examples of three county roads, Claridon-Troy Rd., Chagrin Rd., and Bell St., which had been widened to county standards based on requirements for eligibility for federal funding, and noted that in the case of two of these roads, average traffic count during the ten-year period (1998-2007) studied had increased at a lower rate than was the case for all county roads, and in the case of the third road (Chagrin Rd.), average traffic count had actually decreased. It was acknowledged that Munn Road currently had a somewhat higher accident rate than was the average for other county roads, and that in the case of 8 of the 12 accidents recorded from 2005 through 2009, a single vehicle which left the roadway was involved, indicative of a problem caused by the narrowness of the road. During a recent seven-day monitoring period, an “85th percentile” speed for cars of 52 miles per hour was noted, with a 48 miles per hour observed for trucks, meaning that 85% of cars and trucks were traveling at those speeds or lower. Mr. Lair stated that Mr. Phillips had indicated that should the trustees agree to allow the county to assume control of the road, residents should expect an area from 15’ to 20’ out from the current pavement edge would be affected by work to improve shoulder width as required to meet county standards. Mr. Phillips currently estimates that no work would occur on this section of Munn Rd., either by the township or by the county, for another five years.

Residents present from the affected area asked that additional information regarding traffic counts, more accurate truck traffic count data, accident statistics, average speeds, and design differences between what would be a current “minimum standard” for a township road versus a minimum standard for a county road to be eligible for federal funding be obtained in order to have more information to evaluate the overall situation. The residents also asked that the areas currently designated as passing zones be reviewed to determine if these zones have been properly established. The court case which in the early 1990s had ruled against the authority under Ohio Revised Code for the County to prohibit through truck traffic on designated local roads was discussed, and it was acknowledged that state legislators should be contacted to consider new law giving local government more authority to regulate through truck traffic, given the escalating costs of repavement of roads and the damage which truck traffic can do to roads never designed to handle high volumes of truck traffic. Residents repeated issues raised at the July 6th meeting, including an assumption of higher speeds, higher traffic volumes, and increased truck traffic resulting if Munn Road was taken over by the county and widened. Also stressed by residents present was the need to preserve the aesthetics of the current road, with large trees close to the road providing shade over the roadway. The trustees again repeated the rationale for considering the action, including increased highway safety and reduced burden on the township road repaving budget. The trustees reminded those present from the Munn Road area that the trustees represent nearly 6,000 Newbury residents overall, and it is probable that a majority of those individuals would expect the trustees to take action that preserved highway safety and looked out for the best financial interests of the entire township.

Mr. Snively said that no decision would be made tonight regarding this issue, that the township trustees were weighing all factors. It was noted that it had been suggested by some in the community that the issue come up for a vote of all the township residents, but Mr. Snively expressed the view that the trustees were responsible for making these decisions, and that conducting a vote including all residents every time a difficult decision arose would be setting a bad precedent. It was agreed that pursuing actions with state legislators to attempt to limiting truck traffic and local roads, as well as monitoring weight and speed of current trucks using local roads should be considered.

Mr. Snively said that the agreed judgment entry draft for the proposed indoor shooting range is in the hands of the attorney representing the shooting range developer, awaiting their input.

Correspondence received since the last meeting was reviewed by Mr. Snively.

Mr. Snively reported that there will be a meeting on the Marcellus Shale issue and gas well “fracking” at Hambden tomorrow evening that he would be attending, along with Ms. Endres and Ms. Hrabak.

Purchase Orders approved by signing prior to or at this meeting:
P.O. # Date Payee Amount
13-2011 7/10/2011 Thomas A. Hall Excavating & Contracting $ 3,475.00
14-2011 7/16/2011 Ronyak Bros. Paving Inc. $ 156,255.00
Total: $ 159,730.00
Warrants approved by signing prior to or at this meeting:
Check # Date Payee Amount
27608 7/20/2011 void $ -
27609 7/20/2011 void $ -
27610 7/20/2011 void $ -
27611 7/20/2011 void $ -
27612 7/20/2011 void $ -
27613 7/18/2011 John H. Mansfield - JM $ 683.51
27614 7/18/2011 Jas. Rick Phifer - JP $ 1,328.24
27615 7/18/2011 Randal R. Hollis - RH $ 1,558.58
27616 7/18/2011 Randal O. Hollis - ROH $ 1,122.82
27617 7/18/2011 Timothy A. Mansfield - TM $ 1,214.30
27618 7/18/2011 Ohio Public Employees Deferred Comp. Pro $ 1,460.00
27619 7/20/2011 Geauga County Maple Leaf $ 102.50
27620 7/20/2011 Verizon Wireless $ 33.66
27621 7/20/2011 Newbury Auto Parts Inc. $ 504.95
27622 7/20/2011 Waste Management of Ohio Inc. $ 12.71
27623 7/20/2011 Shalersville Asphalt Co. $ 2,118.94
27624 7/20/2011 Cintas Corp. $ 439.20
27625 7/20/2011 CCM Rental Centers $ 41.98
27626 7/20/2011 Preston Ford $ 154.08
27627 7/20/2011 First Energy $ 2,167.31
27628 7/20/2011 David Snively $ 210.00
27629 7/20/2011 Kokosing Materials $ 4,382.98
27630 7/20/2011 Sunrise Springs Water Co. Inc. $ 37.50
27631 7/20/2011 Ray Fidel $ 315.00
27632 7/20/2011 Tezeon Wong $ 225.00
27633 7/20/2011 Mary Lee Brezina $ 335.00
27634 7/20/2011 William Skomrock, Sr. $ 280.00
27635 7/20/2011 Glen Quigley $ 165.00
27636 7/20/2011 Ken Blair $ 185.00
27637 7/20/2011 Chris Yaecker $ 160.00
27638 7/20/2011 Karen Endres $ 514.24
27639 7/20/2011 Chagrin Oil & Gas Co. Inc. $ 3,504.58
27640 7/20/2011 Advance Auto Parts- HSBC Bus. Sol. $ 45.97
27641 7/20/2011 Frank Gates Service Co. $ 40.00
27642 7/20/2011 Turney Home and Auto $ 114.36
27643 7/20/2011 A.M.D. Impressions, Inc. $ 37.56
27644 7/20/2011 NAPA Auto Parts Middlefield $ 19.99
27645 7/20/2011 Snap-On Tools $ 217.33
27646 7/20/2011 Western Reserve Farm Co-op $ 51.64
27647 7/20/2011 ScapeAbilities (John Suvak) $ 580.00
27648 7/20/2011 Newbury Tire $ 10.00
27649 7/20/2011 Han's Freightliner of Cleveland $ 201.37
Total: $ 24,575.30
EFT transactions processed prior to or at this meeting:
Trans# Date Payee Amount
E00542 7/18/2011 Ann A. Wishart $ 504.66
E00543 7/18/2011 Douglas J. Zimperman $ 1,254.63
E00544 7/18/2011 George Mansfield $ 1,196.85
E00545 7/18/2011 Karen E. Endres $ 304.51
E00546 7/18/2011 Marcia J. Mansfield $ 25.41
Total: $ 3,286.06

The board adjourned into executive session to discuss personnel matters at 9:15 p.m., upon a motion by Mr. Skomrock, a second by Ms. Blair, and a unanimous affirmative vote. Mr. Lair and Mr. Hollis were also present with the trustees for this executive session. The board returned to regular session at 9:45 p.m. Mr. Skomrock moved that Mr. George Mansfield be suspended for a period of fifteen days, to be scheduled at the convenience of the employer, for violation of the Newbury Township Personnel Manual, Section 10.1.3, Group 3 offense. This motion was seconded by Ms. Blair, and approved by unanimous vote.

This meeting was adjourned at 9:50 p.m., upon a motion by Ms. Blair, a second by Mr. Snively, and a unanimous affirmative vote.

_________________________________ ____________________________________
David Snively – Chairman Jan Blair – Vice Chairman

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William Skomrock, Jr. David Lair – Fiscal Officer