Trustees Ordered To Fund Chester Park District

December 11, 2014 by

Chester Township Trustees have been ordered to meet with the commissioners of the township’s park district to approve funding for 2015.

Geauga County Probate Court Judge Tim Grendell ruled Nov. 26 that trustees — who unilaterally terminated the park district’s prior inside millage funding more than a decade ago — have a duty to ensure that “adequate dedicated funds” are made available to the park district to perform its statutory duties.

The court’s order was issued three months after it held an Aug. 25 public hearing at the township fire station to present the findings of a court-appointed master commissioner regarding the park district’s procedures and operations.

Grendell appointed former 11th District Court of Appeals Judge Mary Jane Trapp as master commissioner, after a township resident sent the court a more than 20-page document critical of park district practices.

In the course of her nearly three-month long investigation, Trapp discovered the park district, prior to 2002, received a major portion of its operating funds from an inside millage levy.

“In 2002, the township stopped those levy funds from going to the park district,” Grendell told the Geauga Maple Leaf last Wednesday. “How the then township trustees stopped those levy funds from going to the park district is unclear since, under Ohio law, the park district has the authority to collect or not collect those levy dollars.”

As a result, the park district became overly dependent on trustees for money to operate the park, the judge said.

“This conflicts with the original purpose of the probate court’s creation of the separate park district, which was to keep the parks separate from the control of the township trustees and the politics of the township,” he added.

According to probate court records, in March 1984, the then board of trustees — Rosemary Balazs, Lance Yandell and William Sass — passed a resolution to create a park district under Ohio Revised Code Chapter 1545 and to include in the district the boundaries of the township, “which is 25 miles square.”

The township filed an application with the probate court on April 2, 1984, to create the park district, thereby subjecting the township and park district to the court’s ongoing jurisdiction.

Then Probate Court Judge Frank Lavrich issued an order May 10, 1984, creating the park district and indicating he would appoint a three-member park board.

“The park district has the legal authority to put a tax levy up to one-half mill without a public vote,” Grendell said. “However, it will take up to a year before those levy funds reach the park district.”

Trustees should provide funding for the park district during the interim period, the judge said, because it was the township that “somehow stopped the millage funds from going to the park district in 2002.”

Grendell, therefore, directed Trapp to meet with trustees and park commissioners to facilitate finalization and approval of the township’s 2015 budget, including funding for the park district.

Grendell’s eight-page order also instructs the park district to take appropriate action to ensure it has “dedicated independent funds” every year, starting in January 2016.

Park Commissioner Lance Yandell said last Thursday the park board intends to take advantage of what is legally authorized and approve a three-tenth-of-a-mill levy — less than the permitted one-half mill.

The levy would generate approximately $104,000 annually, at 100 percent collection, according to the Geauga County Auditor’s Office. A quarter-mill levy would yield $86,750 per year and a one-half mill levy $173,500.

Yandell emphasized the park board will be accountable to the public for those funds and its spending will be credible.

1986 Agreement

In or around 1986, trustees and park commissioners entered into an agreement concerning police protec-

tion, zoning compliance, permanent improvements on park property and park property use.

While provisions of that agreement concerning police protection and township re-view and approval of permanent improvements are proper and enforceable under Ohio law, Grendell told the Geauga Maple Leaf the provisions concerning zoning and park use are inconsistent with the park board’s legal authority.

“The township trustees and park board cannot rewrite Ohio law or change the park board’s legal powers by a contract,” the judge said.

Trapp, therefore, also has been asked to meet with both sides to create a new agreement consistent with the park district’s statutory powers under ORC 1545 and the initial township application and formation documents.

Trustees held a special meeting/executive session with legal counsel Dec. 4 to review the judge’s order. They are expected to take action on the court’s order at their Dec. 11 meeting, Trustee Mike Petruziello said.

One of the issues most troubling to trustees, he added, is the court’s order that the township/park district pay for 75 percent of the cost of Trapp’s report.

Park Board Recommendations

In her 220-page report, Trapp also made several recommendations for the park board.

Those recommendations, which Grendell adopted in his Nov. 26 order, included:

Holding its meetings on different days than when township trustees meet.

“We have not formally adopted a new meeting schedule as of yet, but we recently have had two meeting nights other than Thursday night,” Yandell said, adding a 2015 meeting schedule would be adopted at their first meeting of the year.

Keeping more detailed meeting minutes.

“I feel that our minutes have been amazing,” Yandell said, explaining they are articulate and comprehensive.

“In terms of quality and substance of minutes, I think we’re doing great,” he added.

Revising its bylaws.

Yandell said the park board has been working on them and would be voting on its bylaws soon.

Providing an up-to-date policy manual for each member.

Yandell said the park board has not yet begun to work on a policy manual.

“We’re not opposed to doing it, but after 38 years of operating without one, the concept is foreign to us,” he explained, adding park commissioners would need some help on where to begin and what is expected.

Passing a policy that two board members and the fiscal officer sign checks.

Yandell said he believes this is already in place.

Adding two more board members.

This has been done, with the appointment of Al Parker and Ruth Philbrick.

Hiring regular legal counsel, either through the Geauga County Prosecutor’s Office or through private attorneys.

Yandell said park commissioners have discussed hiring regular legal counsel and are not opposed to doing so.

“I am pretty sure we will be embracing that as needed,” he said.

Developing a long-term strategic plan.

Yandell said the park board has been gathering data for the formulation of a strategic plan and it is still a “work in progress.”