Minutes
LAFAYETTE TOWNSHIP BOARD OF TRUSTEES
Regular Meeting
Monday July 16, 2007
Meeting called to order: 7:00 PM followed by the Pledge of Allegiance
Members Present: Trustee Lynda Bowers, Trustee Lee Kehoe, Trustee Donna Young,
Fiscal Officer Shirley Bailey, Attorney Allan Michelson
Minutes:
Minutes 5/7/07 had been deferred at the 5/21/07 and 6/18/07 meetings, Ms. Bailey
mentioned that the minutes had a few corrections which were indicated on her draft copy, no
changes or additions from Ms. Young’s copy of the minutes were done. Ms. Young said she
never receive a corrected copy.
Ms. Bowers moved to approve, stated they accurately depicted what occurred in the
meeting to the extent that someone not in attendance could understand and appreciate the
decisions of the public body. Mr. Kehoe asked a question about the copy marked as draft
and what was marked were incorporated into the minutes as changes. Ms. Bailey stated
that the draft copy is what she makes the corrections on. Mr. Kehoe seconded the motion,
voting Ms. Bowers, Yes, Mr. Kehoe, Yes, Ms. Young, No.
Minutes 5/21/07 Ms. Bowers asked for a motion to make 3 small corrections, page #7
Change from “do have” to ”do not have” (correction was made), page #9 bottom line “they”
should be “there” (correction was made) and on the attachment page #3 second to the last
line second to the last word should be “permitted” not “committed” (correction was made).
Ms. Young stated she didn’t receive the corrected minutes until this afternoon and first
received the minutes on Thursday which is not enough time to review. Motion on the floor,
Mr. Kehoe seconded, all voting in favor of the corrections. There was some discussion and
Mr. Kehoe deferred 5/21/07 minutes to the next meeting.
Correspondence:
Homestead Exemption: Ms. Bailey had mailed out a letter to several residents property
owners 65 years of age and older to encourage them to take advantage of this program as
long as they are not already on the Homestead Exemption. Mr. Kehoe asked if there has
been any response. Ms. Bailey said there has been a lot of response. Mr. Kehoe asked
when this has to be completed. Ms. Bailey the deadline for registration is October 1, 2007.
Mr. Kehoe wanted to know how much this would cost the township. Ms. Bailey didn’t know,
won’t know until the Auditor’s have received all of the applications, should know after
October 1st.
Dominion East Ohio: regarding “Pipeline Safety Improvement Act of 2002” requirements for
pipeline operators and their Federal regulators to undertake additional activities in the area
of Integrity Management Programs for natural gas pipelines. Public safety official, are asked
to identify sites that meet specific criteria define by Federal regulations, such as,
playgrounds, parks, swimming pools, and sports fields.
Medina County Soil & Water Conservation District: The Upper West Branch of the Rocky
River Watershed Planning Partnership has completed the preliminary task of identifying
Priority Development Areas, Priority Conservations Areas and Priority Agricultural Areas.
They can bring this information to the Township. Mr. Kehoe advised that we need to set up
a meeting with them.
Medina County Engineer: Road closings Westfield Rd between Mud Lake Rd and Garman
Rd. July 13, until further notice, Ryan Rd at the I-71 overpass July 16 for approximately 60
days, Vandemark Rd between Chippewa Rd and Coon Club Rd July 16 through July 19,
2007.
Medina County Economic Development: Minutes from their meeting and suggestion to
come up with a business of the year.
Office of the Prosecuting Attorney Medina County, Ohio: Pre-Employment Drug Testing
Policy, the township does have a Drug Testing Policy. Required on pre-employment for
those employees in certain safety sensitive positions or who have a history of drug use.
Frank Gates: Advised they have combined with another Insurance company Attenta.
Medina County Commissioners: Resolution No. 07-642 – Resolution authorizing the Medina
County Engineer to advertise for bids for the replacement of bridge no. 32 on Spencer Lake
Rd (C.H. 45) in Lafayette Township.
Medina County Safety Council: Upcoming meetings, annual reports due.
Grassroots Clippings: New smoking ban, there are now rules to fine companies and
individuals, number to call. (posted in Fiscal Officer’s office).
Ohio Department of Commerce – Division of Liquor Control: All permits to sell alcoholic
beverages in our township will expire on October 1, 2007; every permit holder must file a
renewal application postmarked no later than September 4, 2007.
Zoning Commission: Minutes of May 10, 2007
Lafayette Board of Zoning Appeals: Minutes of April 5, 2007 and Public Hearing June 21,
2007.
Central Ohio Organization of Public Purchasers: 2007 Reverse Trade Fair, Invitation
October 18, 2007, Aladdin Shrine Temple Columbus, Ohio.
Robert Arnold Comprehensive Plan: Letter dated May 26, 2007 from Mr. Arnold asking the
board to consider putting together a Mission Statement. Asking the board to be prepared to
do something at the next meeting.
Ms. Bowers met with Sheriff Hassinger she asked him about one of our invoices which was
higher than the usual, she was advised that the difference was because twice a year there
are 3 pay periods in a month instead of 2 giving a total of 26 pays.
Medina County Sheriff: Letter dated July 16, 2007 to Trustee Lynda Bowers stating this
letter was to follow up and confirm their conversation. Ms. Bowers read the letter with 6
issues.
1. They did not request any Township Building space.
2. Lafayette officers can work special details, outside of their commitment to Lafayette and
compensation is not charged to the Township for Special detail hours.
3. One monthly invoice includes all costs of operation, compensation, benefits, fuel and
maintenance.
4. If the officers require the use of a Sheriff’s Office fleet car, there is no charge to the
Township.
5. The Township receives all fine collections as it did before the contract.
6. Since implementation of the contract on 8/25/06, Lafayette Deputies have each received
more than 6 weeks of training. There is no charge to the Township for training or continuing
education.
“I was pleased to review the report showing service to Lafayette residents has nearly
doubled since the contract began. I am very proud of the progress in professional skills that
the Lafayette Deputies have achieved since joining the Medina County Sheriff’s Office and
receiving training. I am proud of these officers and I believe they are an asset to the
Township they serve signed by Neil F. Hassinger Medina County Sheriff”.
Hogweed notices: Ms. Bowers advised that a couple of weeks ago a resident called her
thought she identified Hogweed across from her house, she looked at it and had a Naturalist
from the Park District meet her there and it is definitely Hogweed. It was found on Palker,
Carlton, Lafayette Rd & Columbia Rd. It has to be reported to the Ohio Department of
Agriculture, because it is a federally designated toxic weed. Gave information on the weed
and how toxic it is and she has literature on it.
Financial Report:
Ms. Bailey handed Ms. Young a complete copy of the financial report and presented the
financial report to the Trustees for their review and initials. Fiscal Officer Bailey read the
Fund status report. (copy attached)
Requisitions:
Service Dept. $1324.11
Fiscal Officer 619.06
Fire & Rescue 1120.22
Grand Total $3063.39
Ms. Bowers moved to approve the requisitions, seconded by Ms. Young, all voting in favor.
Department Reports:
Ms. Young made a motion to approve as submitted. Mr. Kehoe mentioned they had reports
from Service Dept. and Fire & Rescue, seconded by Ms. Bowers, all voting in favor.
Attorney Allan Michelson – Email to Trustees regarding Daytime Staffing – if full time
employees they must be provided the same benefits as other full time employees, limitation
is if they work in excess of 40 hours, they would have to be paid overtime, time and one
half. Mr. Kehoe stated that the Daytime Staffing people would not be working more than 30
hours. Chief Sheppard said they would probably be 28 hours or less.
Mr. Michelson had stated that as long as they stay under 35 hours they are part time, no
benefits required.
Individuals will work 4 hour shifts. There was a lot of discussion as to part time and full time
work and how their pay will be determined from the Daytime Staffing and calls to be run.
Mr. Kehoe mentioned that the Service Department was asked to get a quote to redo the
parking lot at Fire Station #2, Chippewa Lake. Received one quote back from Lytle
Construction for chip and seal, Mr. Kehoe said he asked to have it clarified exact area it
covers, he also asked for a quote from Perrin to pave it. The chip and seal will last a fair
amount of time, but if paved it will last a lot longer.
Even though Lytle’s quote is for $7500, he feels it still should go out for bid.
Ms. Bowers mentioned that she was at Fire Station #2 and there are things that need to be
done, asked about the old building being used for storage, the building is falling down so
Ms. Bowers asked if the board would think of renting a storage unit for a short time to empty
that building and sort things out.
Remove the building, suggested they burn it or haul it away. Chief Sheppard said the
building belongs to the Fire Association, Ms. Bowers asked if she would have the authority
from the board to find out from the Association if we can get rid of the building. Continued
discussion on the building, some of it is the Fire Department and Service Department.
Chief Sheppard had 3 applications to present to the board. Thomas Judson not certified
and Mark and Valerie Jonscher are certified with Medina City Fire Department. Chief
Sheppard recommended they hire all three. Ms. Bowers moved to approve the applications
subject to driver license checks and the standard procedure, seconded by Ms. Young, all
voting in favor.
Chief Sheppard brought up about Fire Watch at the Medina County Fair they have
participated in it for the last 31 years, suggestion from the Chiefs and Mr. Thorne stated that
we should have a resolution from the Board of Trustees that our liability insurance does
cover. Mr. Michelson said it would be a good idea to have a resolution authorizing the Fire
Department to participate and have liability coverage at the Medina County Fair 2007.
Mr. Kehoe – there is a motion on the floor for a resolution to provide Fire & Rescue for
coverage at the Medina County Fair, motion given by Ms. Bowers, seconded by Ms. Young,
all voting in favor. Motion carried.
Service Dept: Ms. Bowers mentioned she has been working with our Service Department
and representatives from the Medina County Engineers office. The Engineers reported that
Lafayette Township has some of the best roads, as far as maintenance, in the county.
Lance Rd was the exception, however, that is the road being resurfaced now. She would
like to concentrate on next year, such as, safety issues, upgrades, berming, etc. The
County Engineers office administers the drive piping permitting apparently not adhering to
the regulations to the set backs and are allowing the pipes to be put in line where the
current ditches are, even though the recommendation is to be set back, what it does is
continue the problem and the ditches continually get closer to the berm. Dave and Roy
have been asked to clean the ditches from the back side not the front, which should start to
move them back. They will be putting the program together this year in order to start it next
year.
At our last meeting a question was raised as to why one of our township trucks was parked
out in the township after hours. The employee did nothing wrong and Ms. Bowers read a
letter and gave copies to each of the Trustees. Stated in the letter that the township
vehicles were taken to the employees’ homes because of vandalism that has taken place
with some of the township equipment, in order to protect that equipment they needed to
store it in the garage and drive the trucks home.
Ms. Young asked Mr. Figgers about the foundations being completed at the Waltz
Cemetery, Mr. Figgers said they are completed, and that the stone was set for Mr.& Mrs.
Wenslow.
Ms. Young mentioned the mowing of the Tech Park. Ms. Bowers said the Tech Park is our
road; she spoke to Mr. Figgers about it he indicated that they did come out onto 162 as
well. She didn’t have a problem with that. Ms. Young questioned about the County and
State not mowing. Ms. Bowers said the County would not mow the roadway and the State
would only do 162.
Mr. Hollish asked about the vandalism to the truck and was it reported to the Sheriff, answer
was yes. He asked another question difficult understanding what he was asking something
about employees going to garage sales on township time, Mr. Figgers came up to the
microphone to answer stated that Tree Masters, we use to take down our trees in the
township, was having a sale. OSHA regulations state we have to have locked and fireproof
cabinets for gasoline, paint and inflammables and he understood that Jeff had some for sale
also needed 4 trees in the township that needed to come down felt this would be a good
opportunity to take care of two situations at one time.
Old Business:
Mr. Kehoe mentioned Egypt Rd and the drainage problem. The board needs to provide a
letter of intent on what the Board of Trustees intend to do to minimize or eliminate the
drainage problems. Upon receipt of the letter of intent the Engineers will prepare a proposal
and cost that proposal out.
Mr. Mullinax wanted to know if the residents on Egypt Rd were responsible for their own
culverts, driveway, etc.
Mr. Kehoe answered the culverts are their responsibility, the ditch maintenance is the
townships responsibility, if we cross the road, widen the ditch or if we put a culvert in, it is the
townships responsibility.
Ms. Bowers said she would like to make a motion to request the Medina County Engineers
office to prepare a proposal to bring all of the water down the north side of the roadway and
crossover in one location, once we have the proposal we can make a decision. Mr. Kehoe
also made a suggestion to take it as far east before they run into the woods, so the property
owner on the south side can maximize. Mr. Figgers said that the Engineers will not do
anything until they have a letter of intent. There was a great deal of discussion on the
recommendations of the Engineers and the problem and how to resolve it. (may be reviewed
on the tape) Ms. Bowers mentioned that there is another issue on Carlton Rd. the problem
is that it is fully fixed and caused by private property issues; none of it has to do with the
township. Mr. Kehoe stated there was a motion on the floor for a letter of intent to the
Medina County Engineering Department to request them to move forward on a proposal for
alleviating the flooding on Egypt Rd. seconded by Mr. Kehoe, all voting in favor, motion
carried.
Ms. Bowers said she had a call from a gentleman on the corner of Palker and Columbia
Rds, Mr. Figgers went out and met with the property owner, she followed up with someone
from the County Engineers office. The problem is on Palker but caused by work that the
County did on Columbia Rd. they have acknowledged it is their issue.
Ms. Bowers mentioned they need to extend our reciprocal agreement with Westfield, it has
expired. She suggested instead of running it from year to year, run it until December 31,
2008. Mr. Evans keeps track of it for Westfield and Mr. Figgers keeps track of it for
Lafayette. Ms. Bowers moved to extend the reciprocal agreement with Westfield Township,
seconded by Ms. Young, Mr. Kehoe approve the resolution extending the Reciprocal
Assistance Agreement with Westfield Township to December 31, 2008. All voting in favor,
motion carried. Resolution 20-07.
Ms. Young asked Mr. Kehoe about the paperwork on licensing agreement for Sexually
Oriented Businesses if he received anything back from Attorney Bennett; Mr. Kehoe said no
he hasn’t received anything. Mr. Kehoe explained what Ms. Young was asking about, that
they had been to a training session on sexually oriented businesses and they, as a board of
trustees, have some licensing restrictions by requiring what time this type of business can
operate, how high or short doors need to be within the facilities, several different situations.
Have background checks, anyone with a felony cannot work there. There are a lot of things
the Trustees can do, haven’t received the information yet.
Ms. Bowers mentioned the rezoning in Montville Township which is up against Lafayette
Township, she and some of the residents have been attending some of meetings. Montville
Township enacted a new rezoning regulation in order to allow the developer to have some
flexibility, limited the density, this is what our residents concerns were, there was a good
outcome from the meetings. Wednesday she picked up the zoning code text from Montville
and will be sharing it with the residents.
New Business:
Already covered the new resolution for the extended service agreement.
Talked about the Chippewa Lake Fire Station parking lot.
Ms. Bowers said she attended a workshop with our Zoning Chair Ms. Schoonover at Hiram
College, brought back a lot of information to be presented to the Zoning Commission.
The Ohio Revised Code allows Townships to pass resolutions that in the event of a hazard,
fire, etc. people get insurance reimbursement. If the Township has a resolution on file the
insurance company will withhold a portion of that insurance claim sufficient to take care of
the demolition and the clean up.
Mr. Kehoe asked how the insurance companies will know that we have a resolution. Ms.
Bowers stated that they are required to check. Once you pass a resolution there is a filing
requirement and it is filed with the Ohio Department of Insurance and they have to check
that.
Public Participation:
Lisa Takach - Correspondence with Frank Gates – her comment would be that 90% of her
practice is Workers’ Compensation knows Frank Gates very well and she has concerns, the
company they combined with is a nation wide company and they say no Workers’
Compensation is different; in every state the program are completely different. Her
experience with National companies is they don’t know what they are doing. Frank Gates
use to be a very reputable company they were an Ohio company and now she kind of
questions that. Feels we should look into the cost to the township, filing of claims, properly
administrating the claims but also to the claimants. Ms. Young asked Ms. Bailey to pay
attention to this since they will be marketing us soon.
Lisa Takach – to Allan Michelson she has read a lot of articles, talking to residents, etc. on
the up coming levy issue in August for the contract. Some people are under the assumption
that if the levy fails tax will go down, or go away. Mr. Michelson stated that the Trustees can
eliminate a levy or reduce it by resolution, but the decision is up to the Trustees. His
opinion is that the levy continues for awhile because there is a debt to be repaid to the
General Fund of the township for the money the General Fund has paid for police
protection which is the districts responsibility. Ms. Young wanted to know the final debt
number. She keeps hearing about the debt they don’t have beyond what has already been
paid. Mr. Michelson states they’re committed to eliminating the levy if the new levy is passed
at some point, also they are committed to reducing it, reducing the new levy if it excess the
amount set as limits.
Mr. Kehoe said that if the levy fails the old levy would have to continue on. Mr. Michelson
said it would continue on unless they eliminate it or reduce it. Ms. Bowers said it can be
eliminated by the vote of being replaced with a new one, but we can’t eliminate it, there is a
public debt, one public entity owes another public entity, only the people can eliminate that
debt.
Lisa Takach – asked if the levy would continue indefinitely, even if you pass a resolution to
terminate the debt until the General Fund is paid in full. Ms. Bowers answered the board of
trustees at that time would make a decision what they will do, they are continuous levies
they could reinstate some semblance of a part time dept. if they chose to but it would be up
to the board that is in power at that time.
Lisa Takach – if the levy passes and the contract is for five years, after that five year time
can by a vote of the board be renewed or does it go back to the voters. Ms. Bowers
answered it has to go back to the public.
Dan Mullinax – how can you take money from a tax levy that we voted down saying that you
couldn’t use it to pay the Sheriff’s Dept. billing, how can you pay the Sheriff’s bill with the
money that we collected that we said you couldn’t use for that. Ms. Bowers answered – we
are not.
Ken Dankowski – he came home Saturday, yesterday he walked out front and his pine tree
(100’ that run across his property) were basically butchered. Spoke to Roy and understood
they could do that when the branches are out too far to the road, and he explained to him
that his neighbor spoke to Roy and told him she could not see up Coon Club because the
limbs on the trees were out too far. His complaint is that they did it. Comment is that when
someone has a problem asks them to speak to their neighbor, that should be the first thing
to do and if it is not rectified then talk with the Service Dept.
Dave Hollish – question on the two 2mil permanent levies, you are saying the only ones that
can dissolve those levies is the board of trustees. His understanding is that in September,
Dean Holman, Michael Kovach and John Burke when they review everything (Budget
Commission) have the right to supersede you and remove the two 2mil permanent levies
without your okay. Ms. Bowers advised that what they have the ability to do is to decrease
the collection if the township doesn’t demonstrate a need for it, there is a need for that
funding and it will be demonstrated we don’t have control over that. Mr. Hollish mentioned
that no one right now has any facts or figures as to what the old police department owes.
Ms. Bowers stated they have a rough idea, but the State Auditor’s will give us final
determination, we have a good idea it is pretty clear from the records.
Pay the warrants of the township.
Ms. Young motion to adjourn the meeting, seconded by Ms. Bowers, all voting in favor.
Meeting adjourned: 8:42 PM