The regular meeting of the Board of Township Trustees, Newbury Township was called to order at 7:30 p.m., November 3, 2010, with all members present.   Minutes of the meeting of October 20, 2010 were approved upon a motion by Mr. Snively, a second by Mr. Skomrock, and a unanimous affirmative vote.

 

The next order of business was the signing of the new lease for the use of the township-owned building rented by the American Legion.  Copies of the document were executed first by each of the trustees, and then by officers of the Newbury American Legion.

 

Ms. Blair informed the audience that a discussion would be held on the Pekin Road repaving situation, with presentations by Mr. Snively and County Engineer R.L. Phillips, with audience input to follow. 

 

Mr. Snively presented information regarding current average speeds being observed on the recently-repaved section of Pekin Rd.  A black box was installed and reviewed over a four-day period.  Geauga County Sheriff’s Department Chief Deputy Scott Hildenbrand sent a summary of the results in a letter to the trustees which stated that a monitor was placed on a utility pole near 9763 Pekin Rd.   During the four-day period, 1717 vehicles passed by this monitoring location.  The average speed observed was 38 MPH, with 85% of the vehicles traveling at or under 45 mph; the remaining15% were traveling over 45 mph, with under five percent of the total traveling faster than 50 mph.  The fastest vehicle recording during this period was traveling at 58 mph.  The Sheriff's Department concluded that the road is performing well based on this study, and the department will continue to undertake similar speed studies from time to time to make sure the speed on that road does not begin to get out of control in any way.  It was noted that the stated address placed the box over 1,100 feet from the road’s intersection with Sperry Rd.

 

County Engineer Robert L. Phillips provided some historical prospective on the Pekin Rd. right of way.  He stated that original road and property lines were laid out without always conforming to straight lines.  When parcels were laid out, the result on Pekin Rd. was that the road on the Russell line did not precisely line up with the road on the Newbury side of the line.   Historical data from 1833 indicates that a 60' right-of-way was in place at that time.  In 1871, residents requested that the County Commissioners re-establish a new right-of-way for Pekin Rd. at the Newbury/Russell line, and at that time, a 50' right-of-way was specified.  From 1871 to 1950, no additional information regarding property lines and right of way appears to be available.  From 1950 to the present day, available maps refer to a proposed subdivision on Pekin Rd. from Sperry Rd. westward, but no actual subdivision was ever recorded.  Since that time, a 60' right of way width has been used and accepted as standard in that area.  The only exception to that rule appears to be the section where the curved section of road and hill are located, from the Russell line eastward to the top of the hill, at which point the road proceeds straight east past the referenced subdivision toward Sperry.  The Geauga County Engineer's office has relied on the previous 60 year's acceptance of a 60' standard as the basis for location of the newly widened and repaved section of road which extends westward from Sperry Rd. to the Russell line, as to deviate from that standard would have required relocation of the road to the north which would have cost substantially more than the alternative chosen.  Given the current concerns of area residents following the repaving project, one alternative would be to consider compensation for those properties in the hill/curved section where a 50' right-of-way appears to have been recognized at one time based on the 1871 action.  Also, Mr. Phillips said that the Trustees could petition to have the Geauga County Commissioners rededicate the road at the 60 width all the way west to the Russell line, to clear up any further issues.

 

In response to a question from Ms. Maurer as to what the legal right of way distance is, Mr. Phillips responded that he can only respond as an engineer, not as a lawyer.  When Mr. Phillips was questioned as to why the historical 50' right-of-way was not followed, he stated that the normal practice is to follow the width on the recorded deeds in that area, which were recorded at a 60' width.  In response to Mr. Russell's comment that he was given guidance for zoning purposes of a accessory building placement which is a foot or so over the right of way line based on a 60' right-of way, Mrs. Endres said that the building was legal non-conforming, but that formal surveys would not have been done to catch that small of a deviation.  A concern was raised as to the care typically taken to ensure that information used to place a road and determine a right of way is accurate. 

 

Mr. Phillips said that in this case no one knows the answer for sure, but one could assume that the developer of the never-formalized subdivision intended to have the road dedicated at 60 feet and proceeded accordingly when deeds were recorded, but the formal dedication of the road at the 60' width never occurred.  Mr. Phillips noted that deeds in the period 1871 to 1950 typically did not specify a road right-of-way for each parcel.  McDonald Hopkins attorney Mr. Jeff Huntsberger, who was present representing Ms. Maurer asked if there was any indication that the road was located at a different place in 1871.  Mr. Phillips said that they have found no evidence from the 1871 action that was documented as being part of what was established in the work done in 1950.   Mr. Phillips said that ultimately the County Commissioners could take action to formalize the 60' right of way.  A question was asked as to whether more property was taken on the south side than the north side; Mr. Phillips acknowledged that more property was taken on the south side of the road, with the centerline on the widened road now on the centerline of the recognized 60' right of way.  It was noted that centerline location is determined by various measurements from monuments established at points along the right-of way.

 

Mr. Snively said that the township had previously asked area residents for specific itemization of damages they felt they had incurred due to this project, but as this process has gotten to a point where discussions began to head toward legal action, the trustees subsequently decided that unless an emergency, safety-related situation arose, it would be better to hold off on acting on any damage claims until final answers were known.  Mr. Snively said that the issue of damage to Ms. Maurer's car could probably be handled by her getting evidence of repair costs to the paving contractor, who would have been responsible for guiding traffic safely through the project area during the time the project was underway.

 

It was generally agreed that the necessary next step would be conversations between legal counsel representing the residents and representatives of the Geauga County Prosecutors' office.   It was stated that if it is ultimately determined necessary to compensate the homeowners for a taking of property if it was determined that a 50' right of way existed in the hill/curve section of the roadway referred to previously, the total amount of affected land is estimated to be about a quarter acre.  In response to questions regarding how long it would take to bring some resolution to this issue, Mr. Huntsberger and the representatives present from the Geauga County Prosecutor's office indicated that they should be able to discuss possible solutions within the next few days.  The trustees thanked Mr. Phillips, area residents and legal counsel, and representatives from the Geauga County Prosecutor’s office for their attendance and input regarding this situation.

 

Road Department activity reported by Mr. Hollis included asphalt patch application in Kiwanis Lake, maintenance on vehicles, and stockpiling of salt and cinders, The Trustees approved a quote of $9,240 for Miller Bros. Concrete to repair two sections of concrete on Lucky Bell Ln., upon a motion by Mr. Skomrock, a second by Mr. Snively, and a unanimous affirmative vote.

 

Zoning activity reported by Mrs. Endres included notation of a correction to the 208 plan area map as requested by the Geauga County Department of Water Resources.   Approval of the recommended corrections was given upon a motion by Mr. Snively, a second by Mr. Skomrock, and a unanimous affirmative vote.  Mrs. Endres noted that   Speedway wants to add to the north side of their building to enclose a cooler, and install several new parking spaces in the area where their old package sewer treatment plant used to be located.

 

Fire activity reported by Chief Zimperman included 54 calls for the month of October, with no major fires or traffic accidents.  It was also noted that the Fire Levy renewal had been approved by voters at Tuesday’s election by a comfortable margin.

 

Mr. Mezak reported that the pavilion construction at Oberland Park is coming along well.  He also stated that the Newbury Joint Recreation Board had recommended and the Township Trustees had approved the appointment last year of Colleen Lair to replace Greg Munn for the remaining year of his term with the Recreation Board.  Mr. Mezak said that the Recreation Board would now request that Mrs. Lair be reappointed for a three-year term ending December 31, 2013; this request was approved upon a motion by Mr. Snively, a second by Mr. Skomrock, and a unanimous affirmative vote.   Mr. Mezak reported that as of 10-13-10 the recreation board had approximately $3500 of unappropriated money in their general fund.  Mr. Mezak brought up the issue of a Frisbee tournament to occur this Saturday at Oberland Park, with Case Western University to provide a certificate of insurance, and a $250 fee to be paid by the tournament; the trustees agreed with this event.

 

Cemetery activity was reported by Mrs. Wishart.  Financial activity for the month of October was briefly reviewed by Mr. Lair.  At the request of the Fiscal Officer, Mr. Skomrock moved that the board approve resolution 2010110301, an appropriation transfer of $8,000 from 1000-610-590-0000 Town Hall – Site Improvement to 1000-120-730-0000 Parks and Recreation – Other.  Mr. Snively seconded this motion, which passed by unanimous vote.  Mr. Skomrock moved that Newbury Township appoint and designate Geauga County Commissioner Bill Young to be the township's true and lawful agent and proxy in a matters to be transacted at NOPEC's Annual Assembly meeting to be held on November 9th, and that the Chairman of the Board of Township Trustees Jan Blair be authorized to execute the NOPEC proxy document on behalf of the board.  Mr. Snively seconded this motion, which passed by unanimous vote.

 

Blanket Certificates approved by signing prior to or at this meeting:

B.C. #

Date

Payee

 Amount

   101-2010

10/23/2010

Various Vendors

 $    5,903.11

   102-2010

10/23/2010

Various Vendors

 $    1,361.13

   103-2010

10/26/2010

Various Vendors

 $    1,251.21

   104-2010

10/26/2010

Various Vendors

 $    1,291.76

   105-2010

10/26/2010

Various Vendors

 $    5,000.00

 

 

Total:

 $  14,807.21

Purchase Orders approved by signing prior to or at this meeting:

 

P.O. #

Date

Payee

Amount

    29-2010

10/26/2010

ScapeAbilities (John Suvak)

 $      410.00

    30-2010

11/3/2010

Thomas A. Hall Excavating & Contracting

 $  13,900.00

    31-2010

11/3/2010

Cleveland Plumbing Supply Co.

 $        26.58

    32-2010

11/3/2010

Miller Bros. Concrete

 $    9,240.00

    33-2010

11/3/2010

Marshall Equipment

 $      639.20

 

 

Total:

 $  24,215.78

Warrants approved by signing prior to or at this meeting:

 

Check #

Date

Payee

Amount

27009

11/3/2010

David J. Lair               - DL

 $    1,409.49

27010

11/3/2010

Janice M. Blair             - JB

 $      824.87

27011

11/3/2010

John H. Mansfield           - JM

 $      773.18

27012

11/3/2010

Jas. Rick Phifer            - JP

 $    1,352.28

27013

11/3/2010

Marge Hrabak                - MHR

 $      330.03

27014

11/3/2010

Randal R. Hollis            - RH

 $    1,735.56

27015

11/3/2010

Randal O. Hollis            - ROH

 $    1,239.48

27016

11/3/2010

Timothy A. Mansfield        - TM

 $    1,308.78

27017

11/3/2010

William J. Skomrock, Jr.    - WS

 $      689.87

27018

11/3/2010

Ohio Public Employees Deferred Comp. Pro

 $    1,625.00

27019

11/3/2010

Treasurer of State

 $      814.30

27020

11/3/2010

United Healthcare Insurance Co.

 $  11,199.87

27021

11/3/2010

Reliance Standard Life Insurance

 $      559.18

27022

11/3/2010

Delta Dental

 $      653.75

27023

11/3/2010

Kokosing Materials

 $    1,887.51

27024

11/3/2010

Kimball-Midwest Inc.

 $    1,142.75

27025

11/3/2010

Sunrise Springs Water Co. Inc.

 $        80.05

27026

11/3/2010

OHIO CAT 2

 $      328.93

27027

11/3/2010

Russell Township

 $    4,253.16

27028

11/3/2010

FASTENAL CO.

 $        47.72

27029

11/3/2010

Windstream

 $      287.39

27030

11/3/2010

Premier Paint Technologies, Inc.

 $      330.05

27031

11/3/2010

Dominion East Ohio Gas

 $        84.02

27032

11/3/2010

CED

 $      208.72

27033

11/3/2010

PNC Bank

 $      673.24

27034

11/3/2010

ScapeAbilities (John Suvak)

 $      410.00

27035

11/3/2010

Speedway SuperAmerica

 $      301.93

27036

11/3/2010

Lawyers Title

 $      425.00

27037

11/3/2010

M.T. Business Technologies

 $        11.55

27038

11/3/2010

Ann Wishart

 $        33.00

27039

11/3/2010

Patsy Keyes

 $      176.00

27040

11/3/2010

Turney Home and Auto

 $        42.06

27041

11/3/2010

CCM Rental Centers

 $        78.40

27042

11/3/2010

Tractor Supply Co.

 $      527.01

27043

11/3/2010

NAPA Auto Parts Middlefield

 $      154.45

27044

11/3/2010

Han's Freightliner of Cleveland

 $        18.12

27045

11/3/2010

Snap-On Tools

 $      370.40

27046

11/3/2010

Active Plumbing Supply Co.

 $        91.54

27047

11/3/2010

Schwartz Land Surveying,Inc.

 $    3,570.00

27048

11/3/2010

Kolsom Tires

 $      790.00

27049

11/3/2010

Verizon Wireless

 $        33.26

27050

11/3/2010

Dominion East Ohio Gas

 $      211.47

27051

11/3/2010

Chagrin Oil & Gas Co. Inc.

 $      544.05

27052

11/3/2010

First Energy

 $    1,742.61

27053

11/3/2010

Newbury Auto Parts Inc.

 $      202.75

 

 

Total:

 $  43,572.78

EFT transactions processed prior to or at this meeting:

 

Trans#

Date

Payee

Amount

E00434

11/3/2010

Ann A. Wishart

 $      542.26

E00435

11/3/2010

David A. Snively

 $      712.32

E00436

11/3/2010

Douglas J. Zimperman

 $    1,231.72

E00437

11/3/2010

George Mansfield

 $    1,221.21

E00438

11/3/2010

Karen E. Endres

 $      107.01

E00439

11/3/2010

Marcia J. Mansfield

 $      172.56

W00042

11/3/2010

Middlefield Bank

 $    3,059.87

W00043

11/3/2010

Ohio Public Employees Retirement System

 $    7,966.27

 

 

Total:

 $  15,013.22

 

At the request of the Fiscal Officer, Mr. Skomrock moved to adopt resolution 2010110302, a resolution of convenience and necessity for the improvement of Burton Heights Blvd.  Mr. Snively seconded this motion, which passed by unanimous vote.  Mr. Skomrock moved to authorize Jan Blair to serve as the Chief Executive Officer and Certifying Representative to apply for Ohio Public Works Commission State Capital Improvement Program (SCIP) or Local Transportation Improvement Program (LTIP) funding to help finance the proposed project entitled Burton Heights Boulevard Resurfacing project.  Mr. Snively seconded this motion, which passed by unanimous vote.

 

Mr. Skomrock reported October Sheriff’s Department activity for Newbury, including 209 incidents, including 36 traffic stops.

 

Mr. Snively said that the Sweet Peet zoning appeal was continued to allow for time for a soils test to be conducted, and that Geauga County Health Commissioner Robert Weisdack would be present for tomorrow night's meeting of the Board of Zoning Appeals.  Zoning Commission Alternate member Steve Kitko said that two potential health concerns were brought up relating to overflow, and it is noted that documentation is required as to the specifics of the chemical conversion that appears to be taking place.

 

This meeting was adjourned at 9:57 p.m., upon a motion by Ms. Blair, a second by Mr. Skomrock, and a unanimous affirmative vote.