poland village Council seeks opinion

By Ashley Luthern | February 23, 2012 at 12:00a.m.

POLAND

A member of village council is set to meet today with an attorney who specializes in mineral rights.

Council approved a resolution 4-1 Tuesday to get a legal opinion as to whether the village has the authority to lease the mineral rights of the 265-acre Poland Municipal Forest to oil-and-natural-gas companies.

Councilman Robert Limmer, who introduced the resolution, said he has approached Atty. Alan Wenger of Harrington, Hoppe, & Mitchell for the opinion and will discuss “terms of engagement, monthly rate and find out what the total cost will be” today.

In 1934, Grace Butler gave the deed to the forest land to the village.

“There are two provisions in the 1934 deed: It has to be kept in its natural state, and is for park purposes. Based on those and the general tenor, which sort of has the flavor of a natural preserve, it would in my mind not allow us to lease those mineral rights,” Limmer said.

Limmer was not given a limit for Wenger’s payment by council, but as an attorney himself, he is aware of average rates for service. Mayor Tim Sicafuse said village solicitor Anthony D’Apolito, who serves as the village’s legal counsel, also recommended council look for a legal expert on oil-and-natural-gas drilling and leasing.

Limmer said council will vote at its next meeting, March 6, on creating an ad hoc committee to be advisers to council in drilling matters.

The mayor said he supports the committee and that he hopes committee members seek all information relating to drilling.

“People in the community have expressed interest in helping us find more information. Most of the people who volunteered are staunchly against [drilling]. You have to be unbiased and fair. We need someone to go out and find the pluses and minuses and lay it on the table and then we have to decide from there,” Sicafuse said.

But first, council needs to determine the provisions in the 1934 deed to the forest.

“We may not be able to do it in the first place,” Sicafuse said.

Several companies already have approached the village about leasing mineral rights of village-owned lands.