Regular Meeting
President Lee Strad called the meeting to order at
A motion was made by Anstine to accept the minutes and financials as presented. Seconded by Baum.
Roll Call Vote: Baum – Yes
Anstine – Yes
Strad - Yes
1st Public Speaks Session
A motion was made to go into executive session for pending litigation concerning Countywide Landfill. Seconded by Baum.
A motion was mad by Anstine to adjourn executive session
at
Charlie Hall, the legal attorney of the Township, discussed
whether the Township has legal action to abate a nuisance of odor against
Countywide Landfill. 37.3410 is a
statute that states local jurisdiction is allowed to do such a thing. As a practical matter if the Township files a
lawsuit right now, Countywide has 28 days to file an answer in the matter. By the time they respond and get a hearing
with a judge, it will probably be the middle of December. At that time, hopefully the order from the
Ohio EPA will have taken place and the nuisance will be abated at that
time. As the Township Attorney, Mr.
Hall’s recommendation is that we don’t file a lawsuit at this time due to the
expense. Since we would be most likely
hiring the same people as the EPA has brought in for their lawsuit, his suggestion
is to monitor the EPA case. If December comes
and there is any delay in the case at all, then
Some residents feel that we should go ahead and file the lawsuit at this point in time. Mr. Hall stated that if he had to go into court and fight Countywide on Zoning violations, he would have to bring in the same experts that the EPA is using for their case, thus we would be spending money that is already being spent by another, bigger organization. He went on to state that he
talked to one of our County Commissioners, and another organization has spent over $300,000 dollars in the matter.
Mr. Hall also stated that as an affected property owner, you have the right to hire your own attorney and file your own lawsuit. At this point, he reiterated that it would be a duplication and replication of the Ohio EPA lawsuit
A resident did ask if we can use the federal CDC or Federal EPA. Hall stated that yes and yes. The Federal EPA has already been involved, but is not sure of their role at this time.
Mr. Vandersol from Countywide gave an update of the situation that has caused the odor problem in the area. In the process of doing the remediation, a cover was ripped on the old cell in the process, which caused the barrier to be breached thus allowing all of the odors to be released.
He went on to state that the appeal that they filed was filed mainly to seek clarity on the lawsuit from the Ohio EPA order. We have spent hours and days and nights along with 3 million dollars to fix the problem. The CEO was in and gave us his commitment that it will be solved. Unfortunately, the situation is a very unique issue. The area that is being affected is about 25 acres and it is decomposing 3 to 4 times faster than what is normal. The gas is coming out faster because of the decomposition rate. He is sorry, but it is not solved at this time.
Vandersol stated that over the 25 acres they are placing a plastic cap. It is air tight once completed. A big portion of it is done and the rest of it should be completed in the next few weeks. They are also placing about 10 foot of soil over the top of the hill and are adding more flares.
Hall asked Mr. Vandersol how far they are along encapsulating the area? Vandersol stated that they are about 60% to 70% complete. How long before they can expect some relief? He stated that last time he said that, he was wrong, so he is uncomfortable with doing that again.
A resident stated that the landfill should be closed until the odor is gone. Vandersol stated that the area that is causing the problem is the old cell. Another resident asked what was being done on the new area, so we don’t have a repeat of the same problem again. Vandersol, stated that there was an aluminum cleanup in the area that went into the old cell that they think may be causing the rapid decomposition. There will be no aluminum in the new area.
Attorney Rubin stated that the Board has a lot more power than they think they do. These Trustees have concurred on the expansion. The first thing you do is stop the landfill so it doesn’t expand any further. You should close it so it doesn’t get a truck a minute for 40 years. This was the perfect landfill, and this couldn’t happen at this landfill yet here we are.
Allison Roberts stated that the gentleman that comes out with the nasal ranger, will not leave anything to probe that he was there for the resident to keep. She is also very concerned and now overwhelmed with the odor, and how it is affecting her kids. If it is continuing to get worse for the next few weeks, she needs to get her kids out of the area for awhile for their safety.
Vandersol stated that the last couple weeks were supposed to be the worst, but just in general, it should be getting better.
Baum stated that as of the last time that the Canton Health Department tested the air quality, they found nothing that is a health issue.
Hall stated that, preparing for worse case scenario, the Board could hire some specialists that could do some testing to see if the science of the air is good or bad. We could get an actual medical assessment that will help prove or disprove the nuisance issue.
One resident asked when was the last report. A Trustee stated that they thought the Canton Health Department last tested in September or August
Hall will make a request for public records on the testing that has been done.
Tom O’Dell re-iterated that the landfill area is decomposing 3 to 4 times than normal. He asked Vandersol if the liner will hold that rate of decomposition? Vandersol stated that it should not have an affect on the liner holding the material. He went on to say that there was a fire under the liner within the last few days. Vandersol said there was no fire, but steam escaping from the area.
O’Dell asked how do we know the liner below the settling has not broke through? Vandersol stated that the landfill is designed to hold that type of settling and there are no signs that anything has happened.
O’Dell asked whether they were re-circulating the leachaid? Vandersol stated that the leachaid is now being removed and not re-circulated.
Strad stated that the EPA has agreed to allow Countywide to put in as many wells as possible.
Allison asked if the Trustees could explain the conditional use permit? Baum stated that it deals with hours of operation. Hall stated that on an annual basis, if the conditions are not met, then there is a hearing that can revoke the permit. If one of the conditions have been violated, then the board of zoning appeals could not grant the permit. It can then be appealed in court.
Those conditions are not being violated. Anytime there is a violation, the conditional use permit can be withheld.
Vandersol also has an update on what is going on at the landfill. If anyone wants to come out to the landfill for a tour or update, they can do that.
Strad asked what the people wanted. He went around the room and received various answers from shut it down, to fix the odor problem.
Strad stated that it is not easy for the Board, but were not sure that this is the time to file the lawsuit.
Zaleski said it is intolerable and that the Board are elected
officials and are not doing anything about it.
It just doesn’t seem that
A resident asked if we could be able to get the EPA at the meeting? Strad stated that they feel threatened so they are very reluctant to come to the meeting. They say they are doing what they can do.
Hall’s recommendation at this time is to invest a few bucks on the air quality tests and wait the two months and fight any extensions in the mean time, and then file if needed at that time.
Does the board want to see if Charlie can find someone to study the air quality? The Board agreed that it would be a good idea. Also, they want him to find out what tests and what the results have been on tests made on the air quality tests from the Canton Health Dept. as well as the EPA.
Another question was asked about out of state trash coming into the landfill.
Tim Vandersol stated that they don’t take trash from out
of state. Also, it is not true that if
it sits in
Trick or Treat night will be
October 29th from
A motion was made by Anstine
to go into executive session to discuss pending litigation. Seconded by Baum.
A motion was made by Anstine to
adjourn executive session at
Sheriff
Deputy Keith Evanoff was asked to speak about his service for the past 5
months. He stated that it has been a
pleasure to serve the community of
With
the budget constraints, it is about $32,000 for half a year at 40 per
week. Strad stated that if a lot of
people would approach him, then he would consider bringing it to the board to
put a levy on to have a full time Sheriff deputy.
Anstine
said if and when we do this again next year, can we get Keith again? Keith said it was up to his superiors but he
would love to come back and do it again.
Resolution #
14-2006
A motion was made by Anstine to accept the amounts and rates as
determined by the budget commission and authorizing the necessary tax levies
and certifying them to the county auditor.
Seconded by Baum.
Roll Call Vote: Strad – Yes
Anstine – Yes
Baum - Yes
Resolution #
15-2006
A motion was made by Anstine to move $30,000 from the general fund
to replenish the cemetery fund cash balance.
Seconded by Baum.
Roll Call Vote: Strad – Yes
Anstine – Yes
Baum - Yes
She
has received some complaints about the corner of Battlesburg and Seamen. It is in our zoning regulations that the are
needs to be cleaned up. Anstine stated
that he will again call the
Pahanish
read the road report.
Replace
some road crossing culverts.
Ripped
and graded Keifer.
Also,
it costs around $2,500 to sandblast and paint the backhoe.
Pahanish
also stated that the new garage doors weighs twice as much and they won’t go up
with the current openers we have. Pahanish
stated that to correct all of them, the price is $4,500. The Trustees agreed to do all of them.
Pahanish
also had the Asphalt tested on the new paving project and it passed the
testing.
Our
old machines will not take the new diesel fuel due to the lack of
lubricant. We will probably need to due
some additives at some point.
Public Speaks Session
Nothing at this time.