THE LAW

The Ohio Open Meetings Act requires that the pros and cons of proposed legislation must be discussed in meetings that are open to the public at all times. The Ohio General Assembly mandates that the Act be liberally construed to require that public officials take official action and conduct all deliberations upon official business only in open meetings.

At least one Ohio court has found that the lack of pre-vote comments supported the trial court’s conclusion that the body’s discussion of the pros and cons of the matter at issue must have improperly occurred during executive session.

STATEMENT OF FACT

During the two year period-April 2012 and May 2014-every single ordinance passed by the Bolivar Village council concerning sand and gravel mining, was covered in a veil of secrecy.   All eight (8) of the concerned ordinances were passed as emergencies with not one word of public discussion among council members about the pros and cons of the issues involved. 

During this two year period, the only issue that was openly and extensively debated was what date and time Trick or Treat would be allowed in the Village.

 CONCLUSION

Either due to ignorance--the Village attorney was always present—or duplicity, the Village of Bolivar has repeatedly violated the Ohio Open Meetings Act. 

 





  We Have The Right See and Hear

<b>Patrick</b> <b>Henry</b> Thanks to our founding fathers we
 have the right to hear and see our
elected officials discuss the pros and
cons of pending legislation.

Patrick Henry put it this way,

“The liberties of a people never were, nor ever will be,
 secure, when the transactions of their rulers may be
concealed from them . . . To cover with the veil of
secrecy the common routine of business, is an
abomination  in the eyes of every intelligent man. “

Let’s make our local elected officials accountable!



 
  • Bill Huth not guilty of disrupting Bolivar meeting

  • A Lawrence Township man has been acquitted of charges that he disrupted a lawful meeting and threatened the mayor of Bolivar.
  • By Jon Baker 
    TimesReporter.com staff writer 

    Posted Nov. 11, 2015 at 9:01 PM 

    NEW PHILADELPHIA
    A Lawrence Township man has been acquitted of charges that he disrupted a lawful meeting and threatened the mayor of Bolivar.
    Bill Huth was found not guilty by a New Philadelphia Municipal Court jury after a one-day trial Tuesday. “Obviously, he’s absolutely thrilled to be cleared of all charges,” said his attorney, Warner Mendenhall of Akron.
    Huth was accused of disrupting a lawful meeting, disorderly conduct and menacing.The charges stem from a Bolivar Village Council special meeting on May 19, 2014. During that meeting, a majority of council members voted to override a citizen-driven ballot initiative that reverted the zoning of 182 acres of land owned by Massillon Materials from sand-and-gravel use to agricultural use.
    Council voted 5-1 to allow the company to use the property for sand and gravel operations under a conditional-use permit, which resolved a $5 million lawsuit filed by the company.
    Huth was on
    e of the prime backers of the ballot initiative. The charges against him were based on a complaint filed by Bolivar Mayor Rebecca Hubble, who told police that Huth had threatened her during the council meeting.
    Huth’s daughter, Michela, was charged with disrupting a lawful meeting at the same time as her father. She also was found not guilty by a New Philadelphia Municipal Court jury in September.
    Bill Huth’s jury deliberated for 38 minutes, Mendenhall said.“I think it’s a good outcome,” the attorney said. “The jury understood that democracy gets loud, that people get upset. It was a very good verdict in a lot of ways. There is friction in public meetings and in public life and the jury understood that.”Huth was the only witness for the defense. “I like to keep trials simple,” Mendenhall said.

    When contacted, Hubble had no comment on the jury’s verdict.
    Reach Jon at 330-364-8415 or jon.baker@timesreporter.com
    On Twitter: @jbakerTR


 

 

Bolivar Mayor And Council Send Village Residents Into Sub-Freezing Weather

 Attendees at a special meeting of the Bolivar Village Council on November 19th were told they would have to clear the Village Town-hall while Council met in executive session to discuss pending litigation.   Pleas by those present to be allowed to wait in the Mayors spacious, newly decorated and refurbished offices were met with laughter by the Mayor, Council President and some other members of the Council.   As attendees filed out of the building into the sub-freezing weather, the Mayor can be seen in the above video wildly waving and laughing along with several other Council members and staff.  Village police officers were posted at the entrance of the building by the Mayor.  Attendees were allowed to reenter the building an hour later.        

 



Voters approve rezoning of the land for agricultural purposes only and prohibits using the property for sand and gravel mining. 


 


INFORMATION ABOUT THE SAND AND GRAVEL PIT

PLANNED LOCATION IN BOLIVAR, OHIO   

Bolivar Village Mayor Responds to Area Resident's Request for Clarification Sand and Gravel Mining Issues.

 

 

Myth

According to Rebecca Hubble,  "... a study by the National Stone, Sand & Gravel Associations [sic] shows that a sand and gravel operation in Ohio can provide as many as 175 direct and indirect jobs. "
                

Fact

A caller to the National Stone, Sand & Gravel Association on Monday, October 28, 2013, was told by their spokesperson that they were unaware of any such study.  Please call 1-703-525-8788 and confirm this for your self. 

Further a recent telephone survey of 10 area sand and gravel mining operations found that the average number of jobs directly related to the mining operations during peak operations is 10.  The number during winter when mining operations are suspended is considerably less.   The number of year round jobs is likely to be 5 or 6.  Read more.....

 

Myth

According to Rebecca Hubble, Bolivar Village is in financial difficulty.  

Fact

The sale of the Burfield Property to Massillon Materials generated $1,000,100.   That is $730,000 more than was owed by the Village. The residents and taxpayers of Bolivar Village deserve an accounting of this windfall.

If no sand and gravel is ever mined, the Village still should have a very healthy balance sheet.  Read more.....

Myth

According to Rebecca Hubble estimates for truck traffic on State Route 212 suggest an approximately 3% increase in total traffic during much of the year due to 400 sand and gravel trucks.

Fact

Basic math shows that if 400 trucks represents a 3% increase in village traffic, current total traffic must be 12,943.   Dividing that number by 24  gives us 539 vehicle an hour.  This is not possible.  Please do the math yourself.

Please check out http://www.dot.state.oh.us/Divisions/Planning/TechServ/traffic/Traffic_Survey_Reports/2010_Reports/TUS10.PDF  this is the Ohio Deportment of Transportation website.  The Traffic Survey Reports list an estimate of Annual Average Daily Traffic (AADT) volumes separated by cars (Pass &A Com’l) and trucks (B&C Com’l) for all Ohio Interstate, US and State highway system routes.

According to this report, as of 2010, 2,110 vehicles entered and exited Bolivar Village on State Route 212 NW every 24 hours. This is where the Bolivar Water Works Baseball fields are located and at the exact spot where 400 sand and gravel trucks will enter the Village.  That means that, on average, that 88 vehicles enter and leave the Village via State Route 212 NW every hour.  During a normal 8 hour workday, the total current traffic count would be 88 X 8 = 704. 

Let’s do the math.  Current traffic count is 704.  Add 400 sand and gravel trucks and the new total count is 1104.   Now lets calculate the percent of increase. Percentage Increase Formula & Calculation

Percent increase = 400 divided by 704 multiplied by 100 = 57%.

The accrual increase is 57% while Mayor Hubble claims only a 3% increase.

 

Myth

According to Rebecca Hubble the conditional use permit granted to the sand and gravel operation contain a limitation on operating hours:  7 to 5 Monday through Friday; 7 to 12 Saturday, and closed on Sunday.

Fact

A special meeting of Bolivar Village Council was held on August 20, 2013, just days after Massillon Materials Conditional Use Permit was approved to consider amendments requested by Massillon Materials.  All requested amendments were unanimously approved by Bolivar Village Council.   One of the amendments approved by Council allows unlimited hours of operation during emergencies.  It was left up to Massillon Materials to determine what constitutes an emergency! 

 

 

 

MUST READ:   Bolivar Resident, Zach Salapack Speaks Out 
BOLIVAR -Investigators from the Ohio Auditor's Office are reviewing a complaint concerning a possible campaign violation in the village of Bolivar.---------BOLIVAR -Investigators from the Ohio Auditor's Office are reviewing a complaint concerning a possible campaign violation in the village of Bolivar-----------.BOLIVAR -Investigators from the Ohio Auditor's Office are reviewing a complaint concerning a possible campaign violation in the village of Bolivar.

See Times Reporter article on investigation.

 

Petition To Allow Bolivar Village Voters To Decide Sand and Gravel Issue Succeeds!  

   Finally, having been ignored for nearly two years Village residents will 

   have their say at the polls this November. See Times Reporter article on Ballet Issue.

 

Vote YES on Issue 2

 

Issue 2  calls for reverting the zoning of the land so that it can be used for agricultural purposes only and prohibits using the property for sand and gravel mining. 

 

 

    

 

    MUST SEE VIDEO:  May 30, 2013 Bolivar Village Council Meeting.  Council       President,  Mike HAUETER Declares Emergency! 

 

 

 

    

Really Mr. Haueter?  Why would Massillon Materials' request for a conditional use permit require an emergency ordinance?  Even more surprising is that Mr. HAUETER has declared every Ordinance related to sand and gravel, annexation and zoning an emergency!  What's the hurry Mr. HAUETER?

 

 

 

The Ohio Revised Code section 731.30 clearly states that the purpose of emergency ordinances is, “the immediate preservation of the public peace, health, or safety.”  It appears clear that not everything Council President calls an emergency is an emergency.   

 

 

Passing an ordinance under the emergency rules is a very effective way to limit public debate.  Such legislation is not subject to referendum under Ohio law.  Whereas, ordinances passed under the regular rules requires three public readings, do not go into effect for 30 days and are subject to referendum.  

 

 

There are valid reasons for emergency legislation. Say for example, a Village police officer must be replaced.  In that case you may not be able to wait a whole month to take action.   However, most often it does not matter if an Ordinance becomes law immediately or 30 days later unless your intent is to deny the voters right to be heard.  

 

        


Did you know? .  Most sand and gravel operations use hydrocarbon-based trucks and equipment, gasoline, diesel, etc.  One gallon of gasoline spilled into water renders 1 million gallons of water contaminated beyond the Maximum Contaminant Level requirements of the Safe Drinking Water Act.  

Massillon Materials Inc. plans to use the 182.361 acres of land currently located in Lawrence Township as a sand and gravel operation.  The annexation of this land into the village of Bolivar will allow Massillon Materials Inc. to avoid Lawrence Townships Sand and Gravel Mining Zoning Laws.  These Laws were approved by the Regional Planning Commission and are the product of the Lawrence Township Zoning Commission’s year long effort to draft regulations that protect the health, safety and welfare of local area residents.  This due diligence on the part of Lawrence Township is in stark contrast to Bolivar Village’s total lack of zoning ordinances regarding sand and gravel mining.

The most likely location of the stone crusher, washing plant and associated equipment is North of Bolivar on the North side of the Ohio Eire Canal Corridor within half a mile of the Bolivar Elementary School (340 students) and the Hennis Nursing Center (103 elderly and infirmed) and just 1.2 miles from the Southern most tip of Bolivar Village.

 There is the potential for a number of serious consequences if this sand and gravel company begins operations on the land proposed for annexation: 

1.       Noise:  sand and gravel operations are inherently noisy.  Additionally, four hundred trucks, and possibly more, will be traveling to and from the sand and gravel operation through Bolivar on a daily basis.  Do you want noisy truck traffic driving by your house and through Bolivar throughout the day?  What about the trucks interfering with the bicycle riders who ride into Bolivar on the Towpath Trail?  What about truck traffic frequency when the kids of our community are playing baseball at the Bolivar Waterworks ballparks? 

2.       This operation will need to use a lot of water to wash the sand and gravel.  Bolivar’s well and Burfield’s well are connected - in that the same water source is used by both wells.  The sand and gravel company will most likely use the Burfield well for the water it needs.  This will deplete the Bolivar well and thus increase the concentration of minerals and chemicals in Bolivar’s water.  Additionally, the sand and gravel operation may need more water, and need to drill a larger well to meet their needs which in turn will create an even larger cone of depression in the water table.   

3.       However, perhaps most important is the potential such an operation has for polluting our water.  Ohio Department of Natural Resources Division of Water in their study entitled, “Evaluating Ground Water Pollution Potential in Ohio” has identified the concerned 182.361 acres highly vulnerable to pollution.  On a scale of 1 to 200, this property ranks 180-190.   By removing the natural filtration blanket from the top of the underlying aquifer a sand and gravel mining operation will further increase the vulnerability of our water to pollution.  Since the concerned 182.361 acres are located in the flood plain, flood born pathogens from sewage treatment plant to the North and other possible pollutants will be allowed to settle in the ponds created by mining operations rather than being flushed on down the river. 

4.        What effect will this have on your water? 

5.       Sand and gravel operations produce dust.  This dust will be airborne.  Do we want to breath this pollution, get it on your houses, cars, property? 

6.       Sand and gravel operations cause dirt on roadways when traveling out of the operation.  Do we want this? 

Please Vote Yes on Issue 2.

 
 

Related Information
Newspaper Articles and Videos

Email the County Commissioners

Chris Abbuhl
County Commissioner

Kerry Metzger
County Commissioner

Belle Everett
County Commissioner

Commissioners@co.tuscarawas.oh.us

Contact the Mayor of Bolivar Village
and the Village Council

(330) 874-3717

Mayor Becky Hubble

 

Council

Mike Haueter - President
Craig Slutz
Robert Lloyd




Council meeting are held the first Monday of each month at 7PM at Village Hall.