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Springfield Township settles for $2M in lieu of lawsuit
NEW MIDDLETOWN
After more than two years of negotiating with a local mining company, Springfield Township trustees have decided to take $2 million instead of a legal battle to try to force the company to reconstruct several roads.
Trustees voted 2-1 Monday to accept $2 million in lieu of road reconstruction from Essroc that will be used specifically for road improvements. Essroc also is to provide 3,000 tons of crushed and screened limestone for seven years.
The resolution was presented by Trustee Robert Orr, who voted yes, and seconded by Trustee Gerald Guterba, who also voted yes. Trustee Don Williams, who took office in January, voted no.
Essroc had agreed in its contract to restore and reconstruct Western Reserve Road from Kansas Road to State Line Road and Rapp and Donaldson roads from Felger to Western Reserve once it stops mining operations.
The township’s original contract was with Carbon Limestone in 1978, and an amended agreement that added Essroc as a party was signed in 1994, which also is when the requirement that the company donate 100 acres to the township for a park once it ceased mining was removed. Carbon Limestone has since sold the mining rights to Essroc.
“Our driving question was, could we force them to put the roads back in? And ought we to put the roads back in?” said Tim Tusek, an assistant Mahoning County prosecutor.
There was once a $500,000 cash bond on the road, but it was not renewed and expired in 1999. However, it would not be sufficient to cover the cost of the road reconstruction, Tusek said.
The initial evaluations estimate it would cost $6.5 million to reconstruct Western Reserve and Rapp roads with steep slopes on the sides, said engineer John Evan with The Howland Co. of Youngstown.
“We’ll create roadways just as hazardous, and Western Reserve would be a one-way street,” said Evan, noting that Poland Township already had vacated its portion of Western Reserve Road. Western Reserve Road is evenly split between the townships, down the center line.
“If we go after the full cost, [Essroc] would likely maintain a minimum operation” there because it is cheaper than paying for the reconstruction, Evan said.
The reconstruction is set to only take place once operations stop, per contract. Several years ago, Essroc informed the township it planned to cease operations soon.
Orr said the cash settlement made more sense to him than restoring the roads because the township would have then been responsible for maintaining them. Roads built on reclaimed land from mining often have soft spots, steep drop-offs and aren’t very level, he said.
The $2 million is slated for road improvements, and the priority would be repairing Felger and Rapp roads, he said.
The township could then free up about $60,000 usually used for road improvements from the general fund and reallocate it to other departments, said Road Superintendent Richard Kennedy. Kennedy added the $2 million could be used as matching funds for grant money.
Of the 25 residents on hand, a few favored the $2 million cash settlement, while the majority demanded trustees force Essroc to reconstruct the roads.
“We’ve lived there our whole lives. ...Put our roads back,” said Reed Metzka.
Williams also sought more time to make a decision. “Maybe we’re looking at this all wrong. ...I don’t like getting pushed around. It does ruffle my feathers a little bit,” he said.
After the vote was taken, Metzka said he was unhappy with the meeting’s outcome.
“I’m very disappointed in this. We waited 13 months for this meeting,” said Metzka, referring to the last public meeting about Essroc’s obligations in November 2010.
Richard George, who lives on Calla Road at the intersection of Rapp Road, said during the meeting: “I feel like we’ve been robbed.”
But after the meeting, he said “I don’t think we would win any more. I’m satisfied because they were faced with a long legal battle.”