Minutes
LAFAYETTE TOWNSHIP BOARD OF TRUSTEES
Regular Meeting
Monday June 18, 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
Presentation & Discussion:
Dan Becker of Medina County Engineers to answers questions regarding Egypt Road
flooding, Mr. Kehoe invited all interested parties to come up front and gather around the table
where Mr. Becker has maps and information on the flooding situation. Mr. Becker also asked
the Trustees to come over to the table. He had pictures of the area with the flooding problem,
he also explained the amount of water that the pipes can handle (18” pipe should handle 15 to
20 acres) the pipe that is there is carrying close to 60 acres of drainage. Sized up the
drainage area figure out how much is coming through it, why is there flooding occurring now,
especially away from the input of culvert number 10. Had aerial pictures from different years,
highlighted the drainage path where the water use to go. Currently the water comes out of the
farm field. Reviewing the photos in their opinion this has been occurring for about 27 to 30
years.
Recommendation some kind of work be done in culvert #10, changing out increasing in size.
Another factor is the outlet of culvert #10 there is a headwall that has been installed and a 15”
corrugated plastic pipe that drains the stream behind Sapochak and other properties
Their office recommends: try to contain the water on the north side and possibly making some
changes to the drainage patterns.
Preliminary ideas: convey the water out of the Friedrich property down the road ditch leading
to culvert number 10 then to go through the Sapochak’s property, need to install twin 24”
culverts underneath the Friedrich’s and Madal driveway. Need to increase the pipes now from
one 18” corrugated to three 24” diameter culverts (under the road in front of the Sapochak
property). Recommend going with an open channel make it as wide as possible and as deep
as possible to try to contain the water.
Another alternative would be to try and split the water, instead of trying to take everything
down to culvert number 10, the Sapochak’s are having a problem the water comes out of the
Friedrich’s property jumps the road, runs down the road and goes down their driveway, their
idea was to try and intercept the water where it originally comes out of the field and put it into a
pipe or ditch enclosure, take it underground and run it down the west side of the property.
Either way you will need to put in three 24” pipes.
A long discussion as to the proposals and where the water comes over the road and the
responsibility of the township for safe travel and where there is 4” – 5” deep water over the
road it is not safe. Ms. Bowers asked if he had cost estimates. Mr. Becker did not have cost
estimates because he needs direction from the Trustees as to where they would like to go, are
they interested in containing the water all on the north side, interested in possibly splitting the
water or do they have another idea. Basic price 24” pipe 20 foot sections plastic each section
$400, double that amount to install it you are looking at $800.
Ms. Young asked if this would be the township’s responsibility, Mr. Becker stated that was
correct, homeowners are responsible for ditch enclosures and driveways. Ms. Bowers asked if
it was an open ditch the township would be responsible in the right of way and digging it. Mr.
Becker said that was correct. Continue discussion with the trustees and residents as to the
ditches and piping to stop the water from going onto the roads. Mr. Becker left the pictures
and maps for the trustees to review and make their decision
The less expensive way to go would be with an open swale, ten foot wide swale running down
your property that is 2 to 3 feet deep. And the trustees are not suppose to spend money off
of the right of way, if you determine that it is a benefit to your road, the three trustees can
agree with the majority you can go onto private property and clean the swale, if you do decide
to do that cleaning they would recommend that you would get some kind of easement so you
could continue cleaning it in the future.
Mr. Kehoe thanked Mr. Becker for his information and time spent and the trustees would have
to make a decision as to what they will be doing to solve this problem.
Mr. Kehoe read a statement concerning the meetings: A person is guaranteed the right to
attend a public meeting not the right to be heard. A disruptive person waives the right to
remain and observe the meeting and may be removed. Audio and video recording is
permitted as long as the equipment is silent and unobtrusive, self contained, self powered so
as not to present any safety hazard or interfere with others ability to hear, observe or
participate in the meeting. Under the Ohio Sunshine Law book 2006.
Members of the public will be permitted the opportunity to speak on any issue or concern
which pertains to the township during the portion of the agenda devoted to public participation,
all comments shall be directed to the chair and a reasonable time limit of two minutes will be
imposed. We do have a microphone the board would like you to use. If there is a group that
would like to make some comments, please appoint a spokesman. The speaker should
approach the microphone and state their name and address so it can be entered into the
minutes. Members of the public will be afforded the opportunity to comment on other portions
of the meeting but only after being recognized and permitted by the chair.
Minutes:
Minutes 5/7/07 had been deferred at the 5/21/07 meeting, Ms. Young stated she never
received any corrected minutes. Ms. Bailey stated that there were no corrections that Ms.
Young had said her tape she received was not complete that the tape ran out, she brought
the tape into the office and the tape played fine, no problems found. Ms. Young wanted to
know about the corrections she had made to the minutes, Ms. Bailey said she did not change
the minutes to add Ms. Young’s additions to the minutes. Mr. Kehoe deferred the minutes to
the next meeting.
Minutes 5/24/07 Ms. Bowers made a motion to approve, seconded by Mr. Kehoe, Ms. Young
abstained since she was not able to attend the Emergency meeting. Ms. Bowers, Yes, Mr.
Kehoe, Yes, Ms. Young abstained. Ms. Young requested a copy of the advertisement for the
meeting of May 24, 2007.
Correspondence:
Assistant Prosecutor James Bennett, letter addressed to Marlene Oiler referencing Sexually
Oriented Business Text Amendments, proposed dates for training session to the Zoning
Commission also noted that the Trustees must have this training. Date set for training would
be July 12, 2007 7:00 pm held at the Old Lafayette Elementary school building.
Assistant Prosecutor James Bennett, letter on Proposed Zoning Text Amendments, comments
and recommendations to the Lafayette Zoning Commission.
Court of Common Pleas, Summons due to an auto accident 2005 involving one of our officers
under the direction of our own Police Department. Forwarded to the Prosecutor’s office and
Insurance Company Seibert-Keck, Ms. Bowers mentioned that our Clerk and our Insurance
Agent deemed it appropriate to keep liability coverage on our officers for prior acts, the cost
on that insurance is about 1/3 the cost that we paid under our own department.
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 Conservation Areas and Priority Agricultural Areas. Maps
of the watershed for our jurisdiction and specific areas required for the Balanced Growth
initiative, has been created.
Certain stated incentives that are available if everybody participates. Anyone wanting to
attend the meeting it will be held June 27, 2007 at 7:00 pm.
NOACA – Interstate 90 and Avon interchange proposal.
Medina County Emergency Management – From Buck Adams, Ohio Fire Chief Emergency
Response
Plan, they have updated the response plan with our fire department and certain equipment
has been committed to be transferred within the State Agency if there is a need.
Medina County Engineering – Dover Highlands phase II subdivision final inspection, listing of
11 items for the Service Department to look at, such as, grading and one pavement problem,
advise Matt Martin the Civil Engineer by June 29, 2007.
Medina County Economic Development - Minutes of May 17, 2007
Medina County Park District – A committee to be formed as a Chippewa Advisory Committee to
assist with a master plan for development of public facilities at the lake.
Medina County Auditor – Mr. Kehoe read the letter from Mr. Kovack in regards to the
“Resolution of Protection Against a Tax Increase” and the State-mandated Sexennial
Reappraisal of all property owners in Lafayette Township.
Ms. Bowers commented on the letter stating that Prosecutor Bill Thorne and Attorney Allan
Michelson both spoke to Mr.Kovack before they did the paperwork on the resolution. Ms.
Bowers read her letter to Mr. Kovack in response to his letter of May 25, 2007.
Financial Report:
Ms. Bailey handed Ms. Young a complete copy of the financial report and presented the
financial report to the Trustees for their initials. Fiscal Officer Bailey read the Fund status
report. (copy attached)
Ms. Young questioned the $90,000 invoice to the Police Fund to place into the General Fund,
Ms. Bailey advised this was done according to the procedures set forth by the Department of
Taxation and State Auditor’s to invoice funds to be returned to the General Fund according to
Resolution No. 18-07
There was a discussion on the invoicing of the Police Fund which Ms. Young states she knew
nothing about, she did recall a discussion on invoicing but was not aware that a resolution was
passed at that time. Ms. Young requested copies of the invoice and the transaction along with
any correspondence pertaining to the invoicing.
Requisitions:
Service Dept. Lafayette Market, Home Depot, total $259.95
Fiscal Officer: US Post Office, Wal Mart, Office Depot, total $69.41 - Ms. Young wanted to
know what the special mailings were for. Ms. Bailey stated mailings to IRS, Bill Thorne, Allan
Michelson, and Scott Varney. Ms. Young wanted to know what was the large envelope to Mr.
Thorne. The envelopes to Mr. Thorne, Mr. Michelson & Mr. Varney were copies of the
transaction invoicing the Police Fund to pay back to the General Fund, included
correspondence from State Auditor Jeffrey Wilcheck.
Fire & Rescue: Wingfoot, (2) NAPA, Kaufman Tire, American Test Center, Mars Electric, Linde
Gas, Total $1044.01.
Zoning: US Post Office, $39.95
Deputy; Glock International $105.00 Ms. Young asked about the guns that the officers are
using our guns as well and are we leasing them. Ms. Bowers stated no they are not leasing
them, the guns are the officer’s guns and Scott was lucky he wasn’t hurt when his barrel blew
up.
Grand Total $1554.32
Mr. Kehoe mentioned there was another requisition for Fire & Rescue not listed in the amount
of $1000.00 service & repairs to unit 107-2 W.W. Williams.
Fire & Rescue amended amount $2044.01.
Bring the Grand Total to $2554.32 amended amount.
Ms. Bowers moved to approve the requisitions, seconded by Ms. Young, all voting in favor.
Ms. Bowers stated that she would like to point out that in the early stages of the Police
contract; we had to have quite a bit of safety work done on the cruisers, we were billed for that
mostly by Grizzly Auto a month or so later the Sheriff had copies of those invoices as well and
they had paid them also, Ms. Bailey caught the duplication and advised the Sheriff’s office and
received a refund from Grizzly Auto of $807.27.
Cemetery – budget of $34,000 found this could not be done can only budget the certified
amount anything over would have to be transferred from the General Fund into Cemetery by
resolution. In order to correct the appropriations there needs to be a resolution amending the
permanent appropriations for 2007.
Ms. Bowers made a motion to amend decreasing the original appropriations of the township
for the cemetery fund from $34,000 to $3279.57, seconded by Mr. Kehoe, Ms. Bowers, Yes,
Mr. Kehoe, Yes, Ms. Young, Abstained.
Resolution 15-07: A RESOLUTION AMENDING PERMANENT APPROPRIATIONS FOR 2007
Resolution 17-07: A RESOLUTION AUTHORIZING THE FISCAL OFFICER OF LAFAYETTE
TOWNSHIP TO MAKE A REQUEST FOR ADVANCE OF TAXES COLLECTED.
Ms. Bowers made a motion to approve the tax advance, seconded by Ms. Young, all voting in
favor.
Discussion on resolution 15-07 change to cemetery to reduce and also Fire & Rescue
reduced from $610,000 to $530,000 because they were including the carryover for the
purchase of the new squad, motions taken again, Ms. Bowers asked Ms.Young the reason for
the abstention. Answer: Because she is not fond of getting information at the last minute and
no explanations to go along with the resolution, especially when it is financial, it is not just the
cemetery that has been changed.
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.
Old Business:
Cemetery Rules – Ms. Bowers commented that the rules need to be completely re-typed, she
will re-type with changes, type them as they are then strike through where the changes are
made and enter the change, asked the Trustees if they would come to the next meeting
prepared to approve the changes to the rules.
Looking at the maps of the cemetery Ms. Bowers mentioned that sometime ago it was found
that an infant was buried in a driveway area, now it has been found there is a second one on
the other end. Clevenger’s records show that 4 lots have been sold and none are occupied.
Spoke to the family today there are 10 that have been sold, they were sold with reservation
and the deeds have been issued but no payment has ever been collected, they were honest
about it and thought they would get a call. Ms. Bowers going back to the burials in the
driveway she stated she spoke with the surveyor as to what to do and the Trustees would
have to approve her recommendations, she showed on the map where to take the existing
driveway and shift it over. She needs permission from the board to work with the surveyor to
have the driveway moved. Ms. Bowers made a motion to proceed with the re-location of the
driveway, seconded by Ms. Young to get the estimate, Ms. Bowers, Yes, Mr. Kehoe, Yes, Ms.
Young, Yes, all voting in favor.
Ms. Bowers advised that every single lot is laid out by section number, lot and grave, even the
old section has all of the burials listed and the date of burial, there are quite a few empty
graves especially in the old section, we need to find out if they are actually empty or not there
are no records.
Railroad Crossing Improvements – Eastland RR Crossing has been chosen by the Railroad
Task Force for grant improvements, cross bucks, gates and lights. Forth project in Lafayette
Township, estimate of $165,000 road improvement making the total improvements $488,000
from the Railroad Task Force and Angels given in grant money to Lafayette Township.
Lafayette has 10 railroad crossings and a number of them were determine to be the most
dangerous in the county. Made aware of on the Lance Road improvement about $7,000 of
Public Utility improvement that needed to be done on that project and when the grant project
turned in the funding for portion of it was turned down saying that was the local authority’s
responsibility, the Commissioners are looking at it.
Road Bids –
James Lytle – ODOT items 448 hot-mix wedging, 405 bituminous cold mix resurfacing and 409
single chip & seal with stipulated traffic control.
Proposal #1 – Lance Road 162 North to Spencer Lake Rd
Proposal #2 - Spencer Lake Rd North to Egypt Rd
Proposal #3 - Egypt North to Smith Road,
County Engineers estimate total $79,198.65, Lytle Grand total $81,124.55
Bids will be sent to Prosecutor’s office for analysis.
Daytime Staffing recommendation proposal – More than 35% of the Fire & EMS calls occur
between the hours of 6:00 am and 6:00 pm. Daytime staffing plan would staff the department
on a part time basis from 8:00 am to 4:00 pm Monday through Friday, four hour shifts
throughout the week in order to guarantee two personnel on staff but no person working more
than 28 hours per week. No overtime pay or Medical Health benefits offered for these
positions. Personnel already with OPERS would be allowed to continue that benefit. Minimum
qualifications for participation are certification as an EMT – B or higher and certified as a 36
hour basic volunteer firefighter or higher.
Complete listing of qualifications can be reviewed with Chief Sheppard at Fire Station #1.
Standard pay rate $7.50 per hour or determined by the Trustees.
The cost of proposal for 40 hours weekly, times 2 personnel at $7.50 per hour, approximately
$31,200 plus 10% payroll for Social Security, Medicare and OPERS, total $34,320 per year.
A discussion with Chief Sheppard and the board as to how this plan would work.
Mr. Kehoe made a motion to approve for a six month, plus period ending December 31, 2007
probation period pending approval by the Medina County Prosecutor’s office, seconded by
Ms. Young, Ms. Bowers suggested that they give this to Attorney Michelson, any problems with
staffing, what constitutes full time and part time would we be required to pay overtime, etc. Mr.
Kehoe amended his motion to change from the Medina County Prosecutor’s office to Mr. Allan
Michelson, seconded by Ms. Young, Ms. Bowers, Yes, Mr. Kehoe, Yes, Ms. Young Yes, all
voting in favor, motion carried.
New Business:
Resolution No. 19-07 – A RESOLUTION ADDING THE WORDS “POLICE DISTRICT” TO
CORRECT A SCRIVENER’S ERROR ON THE FORM FOR RESOLUTION 12-07.
Ms. Bowers made a motion to approve resolution 19-07 to correct a scrivener’s error an add
the words “Police District” seconded by Mr. Kehoe
Ms. Young commented on this resolution and asking to see the change on the levy and email
information from the Board of Elections sent to Ms. Bowers, Ms. Young wanted to know why
the information wasn’t in her mailbox since it was on the agenda. Mr. Kehoe received an email
from Ms. Bowers this afternoon to place it on the agenda; Ms. Bowers also copied it to Ms.
Young.
Ms. Young noticed the date on the fax from the Medina County Board of Elections as June 12,
2007 and stated that copies of that fax should have been in her box and Mr. Kehoe’s the next
day. She asked Mr. Michelson if he sees the problem. Mr. Michelson said, yes, he does
understand. He thinks there should be more timely distribution of material like that. This
particular issue is really just a technicality. Ms. Young said yes it is a technicality but shows
the timely of which we are not being shown information in our mail boxes. Ms. Bowers stated
that the Board of Elections is not required to share this with us at all, when she received the
call about the change, she called Mr. Thorne and stated she would prefer to do it in an open
meeting as a resolution. Ms. Young wanted to know why they were calling Ms. Bowers instead
of Mr. Kehoe who it the Chairman of the board. Mr. Kehoe advised it was because she is the
Police Liaison. The Board of Elections also let her know at that time that the Secretary of
State had slightly altered the language, which we have no control over and it requires no
action on our part, and she ask her to fax it to her so she could see it.
There is a motion on the floor by Ms. Bowers, seconded by Mr. Kehoe, Ms. Bowers, Yes, Mr.
Kehoe, Yes, Ms. Young, No.
Pandemic preparedness – Ms. Bowers said there are things the township can do specifically
stocking supplies. Identifying people that are retired doctors, nurses, EMT, people that can
deliver shots to the people and be are first responders. Spoke with Annie Dupree very
qualified to do this and is willing to do this, Ms. Bowers made a motion to appoint Annie
Dupree as Pandemic preparedness coordinator volunteer position, seconded by Ms. Young,
Ms. Bowers, Yes, Mr. Kehoe, Yes, Ms. Young, Yes.
Ms. Young announced that Chief Sheppard was appointed by the Lodi Community Hospital to
sit on the board.
Ms. Bowers advised that she spoke with Anita Colley Service Dept. Administrator for the City of
Medina; Lafayette has almost 4 miles of improved subdivision roadways, concrete street with
curves and cutters. They are going to need attention as far as cleaning, street and cutter
sweeping, and they have the equipment to do that. She discussed leasing their equipment
twice a year and will have a proposal at the next meeting.
On June 7, 2007 Ms. Bowers attended a Team Neo Impact award with County Commissioner
Hambley, Medina County Economic Development received an award along with the University
of Akron for a Northeast Ohio Impact project for Lafayette Township, should be in the
newspaper shortly.
On June 13, 2007 Ms. Bowers met with Commissioner Hambley and representatives from
Medina County Soil and Water, The Park District and The Ohio Dept. of Agriculture and the
Ohio Farmland Center and Western Reserve Land Conservancy along with a Westfield
Township Trustee for them to put together and organize a presentation for some of the large
land owners in Lafayette and Westfield Townships involving the farmland and preservation
and grant dollar opportunities that are available.
Attorney Michelson reported that he will be meeting with Ms. Bailey on Thursday June 21,
2007 to go over the former Fiscal Officer’s bond. He had nothing else to report.
Mr. Kehoe stated they need to pay the warrants of the township.
Public Participation:
Sue Heiszek – May 21, 2007 Mr. Kehoe filed election fraud charges against the committee for
which she is the treasurer. Hearing for probable cause was held last Thursday and the
committee was found to have no charges filed against them.
Mr. Kehoe and Ms. Bowers both stated that the attorney for their committee admitted that the
statements were false. That was the argument that they were false but they were a mistake.
There was no probable cause found because it was admitted that the statements were false.
Jack Blank – asked about the signs he had asked for a couple of months prior for warning of
the bad Railroad tracks on Lance Rd.
Ms. Young and Mr. Kehoe thought that had been taken care of, Ms. Bowers said she would
check into it.
Laura Gushue – asked the trustees if they could explain about the Election Commission.
Mr. Kehoe commented that a complaint was filed to the Ohio Election Commission based upon
the complaints of the voters in the November election. They felt that the information provided
was misleading. The Election Commission reviewed the information based upon what they had
received and it was determined whether they should move forward with probable cause
charges, it was determined at the probable cause hearing that there was nothing to move
forward on because Ms. Heiszek’s attorney had agreed that she had agreed through her
attorney that the statements in the mailing were false.
Laura Gushue – so she admitted through her attorney that the information was wrong. Ms.
Gushue stated that that directly led to her confusion prior to the election in November and if it
were her passing out false information I would apologize.
Cheryl Neumeyer – what happened in Columbus is not what Mr. Kehoe or Ms. Bowers have
put forth. We showed them what Neil Hassinger stood in this room and said word for word last
August. He said word for word what was in that literature the work “Free”.
Ms. Bowers commented that the attorney sent correspondence that indicated that Ms. Heiszek’
s admission was that she had made a mistake, that she knows better now but she had relied
on that language in those minutes, but it was a mistake and she knows better now and it wasn’
t purposeful nor knowingly. The bottom line is the statements were still false.
Tom Judson – he has a business on Lake Road he stated that he just wants police in the
township, ask to work on a solution and not dwell on the past three years. We all have the
opportunity to make a change.
Gene Garbaccio – wanted to know who paid for the attorney on the law suit against Ms.
Heiszek, was it paid with taxpayers’ dollars or by someone else.
Mr. Kehoe stated it was NOT paid with taxpayers’ money.
Ms. Bowers stated that the residents just want a fair opportunity to make a decision based on
accurate information.
Pay the warrants of the township.
Bowers moved to adjourn.
Meeting adjourned: 9:15 PM