1
1 TRANSCRIPT OF THE MEETING FOR
2 PUBLIC COMMENT ON SETTLEMENT AGREEMENT
3 IN CASE NO. 2004CV02705
4
5
6 REPUBLIC SERVICES OF OHIO, II, LLC, ET AL.
7 VS.
8 PIKE TOWNSHIP BOARD OF TRUSTEES, ET AL.
9
10
11 TUESDAY, MARCH 28, 2006
12 5:00 P.M.
13
14
15 HELD AT THE PIKE TOWNSHIP HALL
16 7134 EAST SPARTA AVENUE, SE
17 EAST SPARTA, OHIO
18
19
20
21
22
23
24
25 Lisa L. Elliott, RPR
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1 APPEARANCES:
2 On behalf of the Pike Township Board of
Trustees:
3
DEBORAH DAWSON, ATTORNEY AT LAW
4 110 CENTRAL PLAZA SOUTH
CANTON, OHIO 44702
5
6 Pike Township Board of Trustees:
7 LEE G. STRAD, President
ROBERT R. ANSTINE, Vice President
8 DOUGLAS L. BAUM
9
Pike Township Zoning Inspector:
10
SHARON PERRINE
11
12 Pike Township Board of Zoning Appeals:
13 LOUIS GROOMS
AUDREY MALAVITE
14 NANCY SNYDER
JERRY EIBEL
15 ROBERT BURKHART
ROBERT MILLER, Alternate
16
17 - - - - - -
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19
20
21
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25
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1 MR. STRAD: Okay. I'd like to
2 get started on the special meeting of the Pike
3 Township Board of Trustees. This is March
4 28th, 5 PM. Tonight's meeting is a public
5 comment on a proposed settlement in a court
6 action, and Miss Dawson will explain all of
7 these finer points here.
8 We are going to start here, I'm
9 going to introduce everybody down the table and
10 everything. I'd like to introduce myself as
11 Lee Strad, Pike Township Trustee, President of
12 the board. To my right here is Bob Anstine,
13 Vice President. Next one is Doug Baum,
14 Trustee.
15 On our Appeals Board we have
16 Nancy Snyder, Audrey Malavite, Bob Burkhart,
17 and Louie Grooms and Sharon Perrine, our Zoning
18 Inspector. At this time I'm going to turn it
19 over to our attorney -- I think for the record,
20 Mr. Burkhart, call your board together as a
21 regular meeting.
22 MR. BURKHART: Pike Township
23 Board of Zoning Appeals in session, March 28th,
24 5 PM.
25 MR. STRAD: Okay. Thank you,
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1 Bob. At this time I'd like to turn this over
2 to Debbie Dawson. She is the Assistant
3 Prosecutor of the Stark County Prosecutor's
4 Office.
5 MS. DAWSON: Thank you. Good
6 afternoon, everybody. As Mr. Strad mentioned
7 to you, the purpose of this meeting today is to
8 take public comment on the proposed settlement
9 agreement in Case No. 2004CV02705, Republic
10 Services of Ohio, II, LLC, et al. versus Pike
11 Township Board of Trustees, et al. This
12 meeting is being held pursuant to the
13 procedures in Revised Code Section 505.07.
14 While the position of the Pike
15 Township Board of Trustees and the Pike
16 Township Zoning Inspector is that the proposed
17 settlement agreement does not involve an issue
18 that is subject to referendum pursuant to
19 Revised Code 519.12, the board is taking public
20 comment this afternoon on the proposed
21 settlement agreement, and the following rules
22 apply: Anyone who wishes to make public
23 comment must sign in on the applicable sign-in
24 sheets that are to my left. Remember your
25 number.
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1 Those signing the sheet to
2 comment will be taken in order with Pike
3 Township residents commenting first. Each
4 speaker may comment only once. Each comment is
5 limited to three minutes, no exceptions. No
6 one person can assign his or her three minutes
7 to anyone else. I'd like you to think about
8 not repeating. The board is listening to
9 comments, and we would like to have everyone
10 who has a different comment to make on the
11 settlement agreement -- and those of you who
12 haven't seen it, there are copies back there at
13 the table. Try not to be repetitious in your
14 comments. If they've already heard the
15 comments, try not to repeat them, but we'll
16 allow everyone to speak who wants to.
17 The board will take comments on
18 the proposed agreement for two hours. If there
19 are few people left at the end of two hours who
20 want to speak, the board has told me they will
21 go a little bit over. The board will not
22 answer questions. They are sitting here to
23 listen to your public comments.
24 After the public comment
25 session is over, the board will adjourn into
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1 executive session to discuss this pending
2 litigation with me, their legal counsel, before
3 they take any action on this proposed
4 settlement agreement. And for the Court
5 Reporter's well-being, please, all of you who
6 come up to speak, make sure you speak into the
7 microphone.
8 And when you come up, for her
9 benefit, give your name and address before you
10 start to make your comments. Thank you.
11 MR. STRAD: Okay. Like I said,
12 we are going to start and try to do this as
13 many as we can. The young lady over there at
14 the board will be placing the numbers.
15 Everybody has got a number. We are going to
16 try to line you up, keep the flow going, so
17 that we get as many as we can here. So kind of
18 keep an idea where your number is and what
19 number is on the board. You can get behind the
20 person that is speaking at that time so we can
21 just continue on.
22 So I think we'll do the first
23 three -- as probably everybody knows, the late
24 newcomer here to the board, Jerry Eibel. Wave
25 to everybody, and please give us an excuse
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1 later why you were late.
2 Would the first three people
3 that are Pike Township residents please come up
4 here, and we will get started here. I want to
5 remind you, please speak into the mic, speak
6 slowly, give your name and address. This is
7 being transcribed for the court records. We'll
8 go ahead and start with no. 1 here.
9 ALISON ROBERTS: My name is
10 Alison Roberts, and I live at 8338 Dueber
11 Avenue, SW, East Sparta, Ohio. I have written
12 my comments down. My name is Alison Roberts.
13 I'm a long-time resident of Pike Township. I'm
14 writing you today to discuss my concerns about
15 the quality of life in Pike Township and to
16 state my opposition in the agreement with
17 Republic Services.
18 Before writing this letter, I
19 went in search of the mission and the vision of
20 Pike Township government. I felt this was
21 important so that I could understand what
22 guides our township government. I was unable
23 to locate this information on the website.
24 Therefore, I decided to write what I feel
25 should be important to our Pike Township
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1 government and to the residents of Pike
2 Township.
3 Township government should be
4 about what is best for its citizens. It should
5 be about what is best for our children, our
6 community, and our day-to-day quality of life.
7 The Pike Township Trustees and the Zoning
8 Boards are charged with the responsibility to
9 guide and manage the development of the
10 township in a manner that retains or enhances
11 the quality of life of its residents. Further,
12 to be responsive to the needs of the residents
13 and to deliver quality services to meet those
14 needs in the most cost effective means
15 possible.
16 The purpose of the Board of
17 Trustees and the Zoning Board should be
18 dedicated to maintaining and improving the
19 quality of life for its residents; provide
20 accurate, helpful and timely information about
21 the township to the general public; promote the
22 public health, safety, and morals which are
23 directly and significantly affected by the use
24 of the land; protect the life and the property
25 as well as preserve the township's natural
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1 resources, scenic areas and natural beauty;
2 preserve the valuation of all properties within
3 the township; provide a place that families can
4 use for recreation, exercise, sports and play
5 in a clean and wholesome environment.
6 To achieve these goals, public
7 officials must make these decisions based upon
8 some basic core values. These values are
9 essential to the success of our community:
10 Professionalism - provide competent skilled
11 services; integrity - believe in doing what is
12 right for the people they serve; equality -
13 treat all people with honor, respect and
14 dignity; responsibility - realize they are
15 accountable to the members of the community
16 they serve; compassion - show consideration for
17 the whole person while responding to their
18 needs; and excellence - provide high quality
19 service in a competent, professional manner.
20 I ask you today to consider
21 this mission and vision. I also ask that you
22 make your decision based on the goals and
23 values of this community. The Countywide
24 Landfill and its expansion would be contrary to
25 what I believe are the goals of this community.
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1 It will diminish the quality of life, not only
2 for Pike Township residents, but for those
3 neighboring communities as well.
4 The expansion does not
5 guarantee public safety, nor does it enhance or
6 protect the natural beauty or scenic areas of
7 Pike Township.
8 MS. DAWSON: Time's up, ma'am.
9 ELSIE ZALESKI: Hello. My name
10 is Elsie Zaleski, and I have been a resident of
11 Pike Township for a long time. If I tell you
12 how long you'll know how old I am, so I'm not
13 telling you, but I'm here to speak --
14 MR. STRAD: Excuse me. If you
15 could state your address for the court
16 reporter, please.
17 ELSIE ZALESKI: Elsie Zaleski,
18 8250 Dueber, SW, East Sparta, Ohio 44626.
19 Okay. Now I have my own opinion, but my
20 daughter, Linda, who wanted to be here today
21 could not be excused from her job, so she has
22 written a letter, and I'm going to read that
23 letter.
24 "Dear Trustees and BZA members,
25 I much regret that I cannot attend this special
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1 meeting to be held on March 28, 2006. I am,
2 however, not willing to miss the opportunity to
3 exercise my right to express an opinion
4 regarding the topic for this meeting. I am
5 what I refer to as a lifer here. I have lived
6 in Pike Township since I was a child. My
7 parents still live in this township. My
8 sister, her daughter and grandson live here.
9 My daughter, her husband and their two-year-old
10 daughter live here. My son, his wife and their
11 three children live here. Nothing is more
12 important to me than family and my home.
13 I see Countywide Landfill as an
14 imminent threat to our health, our safety and
15 our peace. I have witnessed its creeping
16 invasion into our lives and now watch as the
17 looming mountain of trash gradually takes over
18 the landscape. We have endured the dirt, the
19 danger of truck traffic, and now a noxious odor
20 that fills our valley and prevents us from
21 enjoying the outdoors and our homes.
22 Republic Services is now
23 offering to fund a ramp to divert traffic from
24 our local roads and give them a direct access
25 route to the landfill. The cost of such a ramp
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1 is estimated to be between 15 and 18 million
2 with construction to be delayed until 2011.
3 That's a long time from now. It's not
4 difficult to do the math. Republic would never
5 consent to such an agreement without the
6 promise of a lucrative return, many times their
7 investment of the ramp. The only thing the
8 ramp would accomplish is to take the trucks off
9 of the local roads and remove the delivery of
10 the trash from our sight. Out of sight, not
11 out of mind. Not so.
12 It comes down to money.
13 Whatever the life of the landfill when it has
14 taken its last load, Republic Services, after
15 reaping years of enormous profit from the
16 operation, will walk away from the mountains of
17 trash the highest point in our township and
18 likely the highest point in Stark County,
19 leaving behind hundreds of millions of tons of
20 refuse contained within a little more than
21 enormous trash bags.
22 MS. DAWSON: Ma'am, time's up.
23 Ma'am --
24 MS. ZALESKI: I have two more
25 paragraphs.
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1 MS. DAWSON: We can't make
2 exceptions, ma'am, I'm sorry. Thank you.
3 (Audience speaking.)
4 MR. STRAD: I'll make it very
5 clear here right now. Sir, if there's any more
6 outbursts, these two gentlemen will escort you
7 out. We will not -- we have a three-minute
8 rule. We'll not put up with -- I'd like to
9 explain that these rules are here for the
10 benefit of all. We want to hear, but we have
11 so many people that want to speak to us
12 tonight, we must keep order, and I'll make sure
13 that order is kept tonight for the benefit of
14 everyone.
15 So we all have to abide by the
16 rules. If there's any outbursts like there
17 was, I have two people here that will show you
18 out, so it's as simple as that. Please.
19 Go ahead, Dave.
20 DAVID ROSS: Yes, my name is
21 David Ross. I live at 5725 Joleda Drive which
22 is at Fohl Village, and I'm just here to
23 support putting in the ramp; and we do need it
24 because I do use Fohl Road, and going to work
25 every morning I do pass a lot of trucks. And
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1 going down that hill, it's just not safe, I
2 feel. Dueber and Fohl, it's just not safe for
3 the semis, be easier for them just to use a
4 ramp and because of the children and the safety
5 of the roads. And that's pretty much all I
6 have to say. Thank you.
7 MS. SNYDER: Mr. Chairman?
8 MR. STRAD: Yes.
9 MS. SNYDER: Would it be
10 possible for people like Elsie who has this
11 letter that didn't get the last two paragraphs,
12 if she would like to put it on the table and
13 you guys could review it later to finish it?
14 MR. STRAD: We would even
15 accept the whole letter.
16 MS. SNYDER: Yeah, that's what
17 I mean.
18 MR. STRAD: We will accept the
19 whole letter and put it in with the other
20 documents being submitted to court.
21 MS. SNYDER: Thank you.
22 MR. STRAD: Go ahead.
23 TIMOTHY VANDERSALL: Thank you.
24 I think you all know me, I'm Tim Vandersall,
25 General Manager of Countywide. I want to thank
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1 you for listening to me tonight. I did want to
2 ask, there is a lot of people here tonight, and
3 I wanted to ask by a show of hands or applause
4 who is in favor of this agreement.
5 (Audience applause.)
6 MR. VANDERSALL: Thank you. We
7 operate -- you've all heard this before.
8 You've all been to the site. We operate an
9 award-winning facility, in my opinion and in
10 many others in this room and beyond, one of the
11 best facilities in this great country of ours.
12 We are the only landfill --
13 ROBERT RUBIN: Is he a
14 resident? You told me I couldn't speak.
15 MR. STRAD: We allowed one
16 person from the landfill because they own
17 property in Pike Township, and that's what
18 we're doing.
19 Continue.
20 MR. VANDERSALL: We have an
21 excellent compliance record which I would put
22 up against any landfill in the country, and the
23 public's welcome. You're welcome to look at it
24 at any time. You're welcome to come on site at
25 any time and we'll show you around and let you
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1 know what's going on.
2 We've gone above and beyond the
3 rules and requirements required of landfills,
4 including without limitation, agreeing to
5 accept no out-of-state waste, a cooperative
6 truck monitoring program with the Stark County
7 Sheriff, a voluntary radiation detector, and
8 agreement to hold capacity for the three
9 counties in the district and a state-of-the-art
10 odor control system. We have an excellent
11 monitoring system for gas, groundwater, surface
12 water which have shown no landfill-related
13 issues for over fifteen years of operation.
14 Regardless of what people's fears may be, we
15 have no issues with any of those three.
16 We provide many positive things
17 for the community. These include our park
18 which most of you have seen which includes
19 baseball fields, picnic, volleyball,
20 basketball, fishing, a recycling center, remote
21 control airplane flying club, multiple
22 charitable donations such as American Cancer
23 Society, local fire departments, local police
24 departments, Bolivar Baseball Association and
25 too many to name. And we are always there to
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1 help. When this township calls for a cleanup
2 or to assist, we've been there for fifteen
3 years.
4 The operation of the landfill
5 will not change in a significant manner. What
6 you see is what you get. We said that a couple
7 years ago, and it's still pretty much the same.
8 What will change is that the traffic on the
9 roads will change. We've stepped up to the
10 plate and we are going to build this ramp. We
11 are going to pay more than 15 million dollars
12 to build this ramp. We think that's an
13 important thing for the safety of the
14 residents, and we are going to get it done.
15 If the opponents, some of who
16 are here tonight, would stop trying to block
17 the progress the ramp would be in place now.
18 Thank you.
19 MS. DAWSON: Thank you.
20 TERRY DAVIS: My name is Terry
21 Davis, and I live at 3828 Haut Street, SW, in
22 East Sparta. I feel this judgment is not just
23 about the ramp. I do not agree with no. 2 of
24 the judgment. I feel the public should have to
25 apply for any Conditional Use Permit, including
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1 mining, and subject to all zoning requirements
2 just like other businesses do.
3 I am definitely not for the
4 fourteen hours a day. I live just over the
5 hill, and the aroma is not pleasant, and it
6 cannot be controlled by Countywide and our
7 trustees as well as this township. My ending
8 statement is let this go through the court
9 system to uphold our zoning.
10 MR. STRAD: Okay. We are down
11 to no. 6 through 9 let's have these people step
12 forward, 6 through 9.
13 JAMES DAVIS: I'm 6. Jim
14 Davis, 3828 Haut. I live over the hill from
15 the landfill, and my opinion is the ramp is a
16 good thing. We need a ramp if Countywide
17 continues to stay there, but what we're giving
18 up to get a ramp is not worth it. When your
19 opinion or your conscience tells you to close
20 it down and this agreement says no, don't, or
21 you don't have any authority to close it down,
22 that's a problem. That helps, tells every
23 other business that we don't have any zoning
24 here; anybody can do what they want.
25 There is more to this
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1 agreement than a ramp, a lot more. Fourteen-
2 hour workdays, that means every night when I
3 get home from work I still get to listen to it,
4 not only being woke up by it. There's a lot
5 more in this agreement than just a ramp. Thank
6 you.
7 RICHARD ZALESKI: I'm Dick
8 Zaleski, 2167 Downing Street, SW, East Sparta,
9 fifty-year resident of Pike Township. I travel
10 Dueber every day, pass all them trucks, so I'm
11 in favor of the ramp. There's many, many
12 trucks that go up and down that road, and they
13 do come over center and cause people to jump
14 off the road and things like that. So that's
15 the main thing. I'm for the ramp. That's all
16 I need to say.
17 FRANK KEMP: My name is Frank
18 Kemp, Sr. I live at 5980 Sherman Church. My
19 comment is I applaud the landfill for going the
20 route to pay the extra money, but I would like
21 to see the ramp built and their expansion
22 contingent on when the ramp is built, the first
23 truck that rolls off the ramp goes to their new
24 extension. We don't -- they don't use the
25 extension for fourteen hours a day until it
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1 comes off the ramp. I don't want trucks
2 rolling past my house at 8 o'clock at night,
3 especially in the wintertime when it's dark.
4 That's about it.
5 MR. STRAD: Okay. Can I have
6 the next, 9 through 11, please come up to the
7 podium and introduce yourself.