Legal Issues No Walk in the Park for Russell Trustees
Russell Township Trustees are facing two meetings in two different Geauga County courtrooms in the next week regarding township parkland."It all stems back to a…
Russell Township Trustees are facing two meetings in two different Geauga County courtrooms in the next week regarding township parkland.
“It all stems back to a Dec. 30 park board meeting when our park commissioners expressed concern to me about the future direction of Russell’s parks after (Geauga County) Juvenile and Probate Court Judge Timothy Grendell indicated in a letter that he would not be reappointing any of the standing commissioners,” Fiscal Officer Chuck Walder said. “That signaled not just a continuity problem, but a drastic change in direction in the last 30 years of our park district.”
Walder explained at that time Grendell had sent long-time member Terry Ries a letter stating he would not re-appoint members who already had served two to three terms.
“All three of our park commissioners fell into that category,” Walder said.
Instead, Grendell appointed Linda O’Brien to the position and replaced the next expiring member, Roy Podojil, with Charlie Butters.
The last park board member standing, Sanford “Sandy” Siegler, resigned after butting heads with O’Brien for several months. Grendell filled his position with resident David Genske Jr.
The first of two court appearances is a public hearing at 11:30 a.m. on Aug. 11 in Geauga County Common Pleas Court Judge Forrest Burt’s courtroom. The purpose of the hearing is to hear public comments on the township’s intent to create its own park district under the rules of Ohio Rev. Code Chapter 511.
In that scenario, Russell trustees would have control over who is appointed to the park board and park properties would be controlled by the board.
Russell officials decided to pursue that route after exploring other options to gain and maintain control over its park land.
Trustees formally voted June 1 to form their own park district and in late July approved a resolution submitting a petition to the common pleas court to create it.
Walder said the township owns several properties that are not under the control of its current park board, which the probate court approved and Grendell now oversees.
“These include protected land at Upland Preserve, Music Street, Hemlock Point Road and the active Bob Hall park on Chillicothe Road with a baseball field,” Walder explained. “We’re about half the way there to establish a 511 park district. If Judge Burt approves it, the trustees will establish guidelines and appoint five to seven people to prepare a commission report to take to the voters, who would ultimately have to approve it.”
The second day in court is 3:30 p.m. Aug. 15 in Grendell’s courtroom. The judge served subpoenas on the three township trustees, Walder and Joe Leslie, director of acquisitions for Western Reserve Land Conservancy, compelling their attendance at a “review hearing” in the 1984 case establishing the township’s probate court-approved park district.
The township officials were ordered to bring with them copies of any documents related to the township’s intent to form an ORC 511 park district as well as any correspondence with Modroo Real Estate LLC or Mary Madroo.
Walder said the township is not negotiating with Madroo to purchase her Hemlock Road farm.
“No, we aren’t,” Walder said when asked. “I don’t know that I’ve even met her. I wouldn’t recognize her if she walked into my office.”
According to Walder, the former park board had kept the subject of acquiring the Modroo property to themselves, as was customary with most potential land acquisitions.
“The trustees and fiscal office started researching establishing a 511 park district before we knew the Modroo property was available,” he added.
In a July 18 letter to Grendell, O’Brien asked Grendell to hold the hearing to explore whether township trustees “are improperly attempting to interfere” in her park district’s “purchase of the Modroo property by indicating that they wish to purchase it with their proposed new park district.”
The current park commissioners and WRLC agreed in June to partner in a potential purchase of about 52 acres of Modroo Farm. Cost estimates have been about $1.5 million. The park district has about $1.3 million in its general fund. Those funds were generated from a voter-approved levy specifically earmarked for parkland purchases.
O’Brien also asked Grendell to explore whether trustees’ attempt to create an ORC?511 park district interferes with the probate court-appointed park district and whether they are barred from forming their own park district under the wording of the 1984 judgment entry creating ORC 1545 park district.
If Grendell answered any of her questions in the affirmative, O’Brien wanted to know if Grendell had the authority to prevent trustees from engaging in conduct “which constitutes interference that frustrates the purposes of the current Russell park district,” citing a court case Chester Township officials lost against Grendell pertaining to funding its park district.
One week earlier, O’Brien entertained a motion following an executive session during a July 11 park board meeting “to take steps to prevent interference with this park board in its continuing negotiations in the matter of the Modroo Farm purchase.”
The motion passed, 2-0, with O’Brien and Butters voting for it. Genske did not attend the meeting.
After meeting with Geauga County Prosecutor Jim Flaiz and Assistant Prosecutor Kate Jacob on Aug. 5, trustees authorized Walder to look for outside legal help in case a legal battle ensues.
“The county prosecutor also represents other county entities, so it would be a conflict.” Walder said of the township’s need to engage outside counsel.
