Monday, December 18th-2006
Regular Meeting
President
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
Dr. Nicolleti wanted to know if there was anything we could do as a Township now that the EPA deadline has come and gone, and the EPA is now going to evaluate everything along with having a turnover in leadership which could delay things further?
Alison Roberts introduced herself and discussed that her and her family grew up here and would like to continue to live where they are but they should not have to live with this situation. She gave a history from 2004 to 2006 about the odor issues and all of the meetings that occurred. She has filed hundreds of complaints about the odor over that time span as well as worked with the Township Officials, Countywide Management, doing everything they have asked her to do, yet the odors continue. The odor is now having an economic impact on the Township. She feels the Township has everything we need to file a lawsuit against the landfill at this time. She is now asking what the Trustees will do, since she has done everything that has been asked of her yet there obviously is still an odor problem at the facility?
Strad referred to the Township Attorney, Charlie Hall, to see what options we have as a Township.
Mr. Hall stated that under Ohio Revised Code section 519.24, the Township has a basis to bring a lawsuit against Countywide. The limitations are that the lawsuit would have to fall under health, safety, or welfare. He doesn’t think we can prove objective scientific testing that there is a danger to public health so the health one is out. He has talked to the Federal, State, and Local officials and they do not think there is a safety issue so that option is out. As for the third item
which is public welfare, it would be the basis of the complaint. The problem though, we would be asking the court to force the owners of the landfill to enhance all the steps that are already being taken to abate the nuisance. None of these items will occur quickly from the courts. He talked with Mr. Prinsik from the EPA who told him that they were at the landfill Saturday, and stated that the nuisance odor was very low and the efforts seem to working. They also felt that the operator of the facility are doing everything they can to alleviate the problem.
Mr. Hall also noted that he received a phone call from the landfill’s attorney’s, and they were requesting that the Trustees give them a little more time.
Tim Vandersol recapped everything that they have done throughout the year to alleviate the problem.
Strad stated that there is no doubt they are doing everything they can, yet there are still odors.
Strad asked Charlie Hall if they can dismiss the lawsuit after they file it? Mr. Hall stated that you can always pull a lawsuit after you file but having said that, once you pull it, you may not be able to file it again, or you may be able to but within one year of withdrawing the lawsuit.
How long will the aluminum be causing this chemical reaction? Vandersol stated that they really don’t know as this has never been seen anywhere else in the Country.
Linda Zaleski stated that they have waited and waited and waited and we take no action. Even if the lawsuit doesn’t work, the residents have the right to express that their lifestyle, quality of life, and economic welfare have been diminished. Yes, file the lawsuit.
Strad asked each person in the room what they thought they should do.
There was a range of answers from file the lawsuit to give them more time.
One resident did ask why on the 14th, the day before the EPA was inspecting, was it so putrid at his house, and then on the 15th it was so much better. Vandersol stated that on the 14th, one of the flames when down which caused them to have 3000 cubic feet a minute go down.
Vandersol stated that they do have a request into the EPA to use Magnesium to slow down the chemical decomposition rate. They have not received approval yet, but are hoping they can try using it.
Mr. Hall stated that he would want a redundancy of systems if we go to court. Multiple backups so if one flame went down, the odor would not return until it was fixed.
Mr. Hall asked when the other two flares will be up and running? One of the landfill representatives stated that within the next few weeks.
He went on to state that there will be 8 total flares here soon. It is true that they are not all planned to be online at one time, but some will be used as backups.
Vandersol said that he thinks they are really close to collecting all of the odor causing gas.
Dr. Nicoleti said is there any legal precedence that you can file for monetary damage due to the odors as a resident? Mr. Hall stated that he is not sure if there is a precedent, but it is possible.
Strad believes that the landfill it trying to contain the odor the best they can. He knows they are concerned at the Corporate office as well, they are working hard. Things have now changed and the landfill has been put on the heightened alert list after the EPA came down on them. His feelings are that the Board needs to file the lawsuit.
Another resident stated that it doesn’t make sense that while we are dealing with this odor, they are allowed to expand. Strad stated that there are legalities on both sides, and if it was as easy as closing the landfill, the Trustees would have done that along time ago.
Vandersol is confused on what kind of action the Township would be taking in the lawsuit. It seems like you would be asking a court to have them do exactly what they are doing now. He recommended that the Township hire a Landfill Consultant instead of going to court to find out the same kind of answers.
Baum thanked Vandersol for keeping the door open, and working so hard but if you ask the residents, you ruined their summer. Alison has spent countless hours doing everything that has been asked of her and doing them nicely. The residents are fed up with the promises and have run out of patients.
Vandersol was asked if they are that close, what time frame is that. He stated that he thinks they have achieved it on Saturday. They believe they have everything in place to take care of the problem.
Resolution # 18-2006 was entered
into asking Charlie Hall to take legal action against Countywide on the Boards
behalf.
A motion was made by Anstine to accept
the above resolution.
Seconded by Baum.
Roll Call Vote: Anstine – Yes
Strad – Yes
Baum – Yes
Charlie Hall stated that he doesn’t file a lawsuit frivolously, and he doesn’t file a lawsuit to lose. He wants to make sure that everyone understands that he is going to do everything he can to win the lawsuit.
Perrine stated that if the EPA or the Health Department state that everything is good yet our residents don’t agree, this lawsuit will allow insure that the residents are being protected. Basically the lawsuit is giving the residents a sort of insurance policy that the odors will not continue.
Dr. Nicolleti said he heard that the village filed their annexation documents. Knox stated that he has not been served any papers as of today.
Celeste DeHoff is here on behalf of Gary Knepper Jr. as his attorney.
Violet Grooms asked the Trustees to possibly place a single line to mark the center of the road on Maplehurst where it is too narrow.
Strad said that we could check with the Engineers office on placing a single line there.
A motion was made by Anstine to go into executive session to discuss personnel.
Seconded by Baum.
A motion was made by Anstine to adjourn executive session.
Seconded by Baum
Baum talked about the recycle bins, and stated that by
using them, people are keeping the trash out of the landfill.
Nothing
at this time.
Knox
stated that since the fire levy passed, we needed to pass a resolution accepting
the amounts and rates that include the new levy.
Resolution #19-2006 accepting the amounts and rates as determined by
the Budget Commission and authorizing the necessary tax levies and certifying
them to the
A motion was made on the above resolution by Anstine. Seconded by Baum.
Roll Call Vote: Anstine – Yes
Strad – Yes
Baum – Yes
She will be checking to see if S&N Pallet has
moved there trailer like they had promised.
Pahanish
read the road report.
Started
on
Picked
up trees.
Snow
control.
Traffic
control for a few funerals.
Public Speaks Session
Nothing at this time.