The regular meeting of the Board of Township Trustees, Newbury Township was called to order at 7:30 p.m., November 17, 2010, with all members present. Minutes of the meeting of November 3, 2010 were approved upon a motion by Mr. Snively, a second by Mr. Skomrock, and a unanimous affirmative vote.

Mr. Tom Curtin of the Geauga County Park District addressed the trustees and audience, providing information on the activities undertaken by the Park District following approval of a 20-year levy in 2001 to acquire land. He explained that the park’s land acquisition phase that was the basis for approval of the 2001 levy is drawing to a close. The Park District’s other 20-year levy will be expiring in 2012, and a decision as to a renewal versus a replacement of that levy has still not determined. The Park Board will be looking for input from the public regarding that issue. Mr. Curtin provided a summary of recent activities following the acquisition of Orchard Hills Golf Course in Chester Township, including creation of trails and other recreational facilities such as a sledding hill. He also described recent Bass Lake Preserve shelter construction, which replaced a building that was previously on that site, as well as Camp Chickagami improvements, which include lean-tos and tent pads added to that facility located in Parkman Township. Mr. Curtin then described upgrades currently underway at Observatory Park in Montville, which was part of the plan to acquire park lands in the eastern tier of the county. He stated that 1.2 million dollars have been raised from private funds, with a million more required to fully complete the upgrades that will include a site for mounting of a high-powered telescope that had been donated to the park system. August 20, 2011, which will be the 50th anniversary of the Park District, will be the official opening day for this facility. The Park District intends to do joint programs with the relocated NASA Glenn visitor center at the Great Lakes Science Center and the planetarium at the Museum of Natural History.

In response to an audience question regarding percentage of Geauga property which has become part of the Geauga Park District, Mr. Curtin replied that the current percentage is about 3.5%, which compares to 6% of overall land area in Cuyahoga County owned by the Metroparks system. Mr. Curtin said that if a renewal levy was decided upon for 2012, those revenues would be for maintenance of current properties, rather than to continue an acquisition program. The trustees thanked Mr. Curtin for his presentation.

At the request of the Fiscal Officer, Mr. Snively moved that the board adopt Resolution 2010111701, a transfer of $20,000 from 2031-330-360, Contracted Services to 2031-330-490, Other-Supplies and Materials, and a transfer of $500 from 1000-110-230, Workers' Compensation to 1000-110-330, Travel and Meeting Expense. Mr. Skomrock seconded this motion, which passed by unanimous vote.

Blanket Certificates approved by signing prior to or at this meeting:
B.C. # Date Payee Amount
106-2010 11/5/2010 Various Vendors $ 8,734.71
107-2010 11/12/2010 Various Vendors $ 366.11
108-2010 11/12/2010 Various Vendors $ 1,000.00
109-2010 11/12/2010 Various Vendors $ 3,000.00
110-2010 11/12/2010 Various Vendors $ 1,097.89
111-2010 11/12/2010 Various Vendors $ 3,163.90
112-2010 11/12/2010 Various Vendors $ 8,912.19
113-2010 11/12/2010 Various Vendors $ 1,600.00
114-2010 11/12/2010 Various Vendors $ 10,852.25
115-2010 11/12/2010 Various Vendors $ 5,630.69
116-2010 11/12/2010 Various Vendors $ 7,495.08
117-2010 11/12/2010 Various Vendors $ 4,000.00
118-2010 11/17/2010 Various Vendors $ 25,696.69
119-2010 11/17/2010 Various Vendors $ 614.11
Total: $ 82,163.62
Warrants approved by signing prior to or at this meeting:
Check # Date Payee Amount
27054 11/12/2010 Geauga County Township Association $ 57.00
27055 11/12/2010 Cleveland Plumbing Supply Co. $ 26.58
27056 11/12/2010 OHIO CAT 2 $ 13.95
27057 11/12/2010 Morton Salt Inc. $ 2,054.08
27058 11/12/2010 Marshall Equipment $ 639.20
27059 11/12/2010 Geauga County Maple Leaf $ 64.00
27060 11/12/2010 First Energy $ 1,029.09
27061 11/12/2010 Cintas Corp. $ 359.88
27062 11/12/2010 DJL Material & Supply $ 5,863.50
27063 11/12/2010 Sherwin-Williams Co. $ 67.85
27064 11/12/2010 Allied Dealers Supply Co., Inc. $ 37.85
27065 11/12/2010 Western Reserve Farm Co-op $ 50.00
27066 11/12/2010 Randal R. Hollis $ 77.00
27067 11/12/2010 Premier Paint Technologies, Inc. $ 183.30
27068 11/12/2010 FASTENAL CO. $ 14.10
27069 11/12/2010 CCM Rental Centers $ 225.00
27070 11/12/2010 Flag Store $ 25.90
27071 11/18/2010 John H. Mansfield - JM $ 841.50
27072 11/18/2010 Jas. Rick Phifer - JP $ 1,352.28
27073 11/18/2010 Randal R. Hollis - RH $ 1,789.52
27074 11/18/2010 Randal O. Hollis - ROH $ 1,139.49
27075 11/18/2010 Timothy A. Mansfield - TM $ 1,230.33
27076 11/18/2010 Ohio Public Employees Deferred Comp. Pro $ 1,625.00
27077 11/17/2010 EnerVest Operating L.L.C. $ 8,600.00
27078 11/17/2010 Sears Commercial One $ 45.76
27079 11/17/2010 Morton Salt Inc. $ 5,283.97
27080 11/17/2010 Advance Auto Parts- HSBC Bus. Sol. $ 57.75
27081 11/17/2010 West Group Payment Center $ 198.96
27082 11/17/2010 Geauga County Recorder $ 28.00
27083 11/17/2010 Geauga County CIC $ 50.00
27084 11/17/2010 Geauga County Township Association $ 228.00
27085 11/18/2010 United Healthcare Insurance Co. $ 11,199.87
27086 11/18/2010 DJL Material & Supply $ 1,704.35
27087 11/18/2010 FASTENAL CO. $ 28.15
27088 11/18/2010 Geauga County CIC $ 50.00
Total: $ 46,241.21
EFT transactions processed prior to or at this meeting:
Trans# Date Payee Amount
E00440 11/18/2010 Ann A. Wishart $ 555.88
E00441 11/18/2010 Douglas J. Zimperman $ 1,231.72
E00442 11/18/2010 George Mansfield $ 1,221.21
E00443 11/18/2010 Karen E. Endres $ 107.01
E00444 11/18/2010 Marcia J. Mansfield $ 172.56
Total: $ 3,288.38

Ms. Blair brought up the issue of the United Healthcare renewal contract, stating that it was her opinion that the board should keep current coverage while moving to the composite rate option, versus the current age and gender-based rating system. The renewal rate with this option represents an 11% increase for 2011. Mr. Skomrock moved that the township accept the United Healthcare composite rate option retaining other current plan provisions; Mr. Snively seconded this motion, which passed by unanimous vote.

Ms. Blair next discussed possible township attendance at the CIC Christmas luncheon, to be held at the Welshfield Inn. It was decided that while Ms. Blair would attend the Safety Council December meeting occurring at the same time, Mr. Snively would go to the CIC luncheon. Ms. Blair provided a Grange Park update, and presented a quit-claim document for the Board to consider. This document allows for the transfer of a small portion of the current Grange Park property to Kinetico, Incorporated, in exchange for the transfer of a small portion of Kinetico's property to the township, which will provide frontage on Route 87 to the Grange Park property, and allow for construction of an access drive or possible creation of a township road to provide access not only to the Grange Park property but to the remainder of the Kinetico property located beyond that point. Ms. Blair moved that the board execute this document; Mr. Skomrock seconded this motion, which passed by unanimous vote.

The trustees briefly discussed electric utility rates and the NOPEC electric aggregation program. Mr. Snively then discussed recent developments with Pekin Road repaving project issues. He restated township standard practice following any township repaving project, including minor adjustments to mailboxes, culverts, and landscaping. He said that as soon as time and weather permit, the township will handle those standard adjustments consistent with prior township practice. Mr. Snively has consulted with the county engineer and county prosecutor, and all are in agreement with the adjustments and general cleanup that can be accomplished. Some items, such as planting of seed, may need to wait, but any adjustments that make sense to do now, especially any safety-related adjustments, will be done as soon as possible. Mr. Snively said that Road Superintendent Randy Hollis, who is not present this evening, has a list of specific actions currently planned. In response to a question from Ms. Maurer regarding action to be taken by the township regarding the right-of-way dispute, the trustees responded that this particular issue is being handled by the attorneys at this point.

Other new business included discussion of Christmas lunch to be held for township employees; Thursday, December 16th at noon was selected as the time for this event.

Mr. Snively discussed the Sweet Peet appeal currently before the BZA, and the recommendation by the County Prosecutor's office that the township retain attorney Abe Cantor to be present to address the issues raised by the applicant and applicant’s legal counsel regarding alleged Zoning Inspector error. Mr. Cantor has proposed to represent the township at a rate of $200 per hour; the trustees took action to retain Mr. Cantor upon a motion by Ms. Blair, a second by Mr. Snively, and a unanimous affirmative vote. Also discussed was the testimony on behalf of the applicant by an expert witness who has stated that the Sweet Peet process of mulch production is a chemical reaction for only 5% of the process. It has been recommended that the township should retain an expert witness to provide an alternative opinion. Augustine Scientific, LLC can provide the testimony of Dr. Rulison, who has expertise in this area and who has offered to serve as an expert witness for the township, for a flat fee of $250. Ms. Blair moved that the township agree to a proposal from Augustine Scientific LLC to retain Dr. Rulison’s services; Mr. Skomrock seconded this motion, which passed by unanimous vote.

Mr. Skomrock related a conversation he had recently had with Jan Vondrasek regarding power reliability in the Kiwanis Lake community. The trustees agreed to contact Mia Moore for a discussion to be held, probably at the December 15th meeting. This meeting was adjourned at 8:40 p.m., upon a motion by Mr. Skomrock, a second by Ms. Blair, and a unanimous affirmative vote.