Minutes
LAFAYETTE TOWNSHIP BOARD OF
TRUSTEES
Organizational Meeting
Monday, January 4, 2010
Members Present: Trustee Lynda Bowers, Trustee Donald Butler, Trustee Nanci Shanley, Fiscal Officer Shirley Bailey.
Meeting called to
order:
Board Nominations:
S. Bailey – Call for the Board nominations for Chairman of the Board.
D. Butler – I would move that, ah, the President become Lynda Bowers.
N. Shanley – I’ll second that.
S. Bailey – All in favor?
N. Shanley, D. Butler, L. Bowers – aye.
L. Bowers – Vice-Chair nominations?
S. Bailey – And on the Vice-Chair?
L. Bowers – No, I take over now. Sorry. Vice-Chair nominations.
S. Bailey – Okay.
D. Butler – She just opposed
L. Bowers – Sorry. Running the meeting.
S. Bailey – That’s not what’s written here, but, okay.
L. Bowers – Sorry
S. Bailey – That’s alright. (laughter)
L. Bowers – Apologize, this is going to be fun. Vice-Chair nomination? Anybody?
N. Shanley – I’ll nominate Don Butler.
L. Bowers – I’ll second. All in favor, aye?
N. Shanley, L. Bowers, D. Butler – aye.
L. Bowers – Opposed, same sign. (no votes heard)
Liaison Assignments:
L. Bowers - 2010 Liaison Assignments?
N. Shanley – I have a request.
L. Bowers – Okay.
N. Shanley – If it please the board, I would like to be liaison for Fire.
L. Bowers – Don, anything you’d like to do?
D. Butler – Ah, I’d be very happy with Service.
L. Bowers – Kay, um, I’d like to suggest to the Board that I believe we’ll be going into Executive Session on personnel matters, um, regarding hiring Zoning Board Members. Um, if you would like to discuss personnel issues that may be relevant to those appointments and hold them ‘til the end of the agenda, it’s up to the Board. Or in the alternative, um, maybe wait until the next meeting and just leave things in place as they are right now and let Nanci take over Lee’s until you can, there’s a number a places to see if anybody wants anything else. Have some time to think about it. Or you want to do them tonight? Right now.
D. Butler – What, appointments to the Boards?
L. Bowers – Um-hum.
D. Butler – I’m set to do them tonight.
N. Shanley – I’m prepared to do them tonight.
L. Bowers – I mean, the, the liaisons.
N. Shanley – Yeah.
L. Bowers – Okay, you want anything else besides Fire?
N. Shanley – I think it’s probably enough on my plate.
L. Bowers – Don, want anything else besides Service?
D. Butler – I’ll be happy with Service.
L. Bowers – Then, I’ll take the rest. How’s that? The rest of them are not as intensive as Fire and Service. Okay.
Holiday Calendar:
L. Bowers – Holiday Calendar – any corrections or additions? Okay. The Holiday Calendar actually just sets out the statutory holidays. It’s more for informational purposes for the employees than anything else.
Event Calendar:
L. Bowers – Um, Event Calendar? Um, Anything the Board wants to do with that?
N. Shanley – I would table that at this point.
L. Bowers – Okay. Don, you okay with tabling it?
D. Butler – Um-hum.
L. Bowers – Okay. Then it will move to the agenda at the next meeting as an action item.
Correspondence:
L. Bowers – Correspondence, Ms. Bailey?
S. Bailey – I don’t have any correspondence.
L. Bowers – Any members of the Board? Mrs. Shanley, any correspondence? Mr. Butler?
N. Shanley – No.
Minutes:
L. Bowers – Minutes of November 16, 2009.
D. Butler – For the sake of moving on and the sake of brevity, ah, these are the ones that have all the attachments and everything and interesting reading. The only thing I’d like to put on the record today, not changing the minutes of the past, is that as you’re going through all the minutes, the only that is missing, continually missing, and it has been missing as of this date, there is nothing in writing from the Prosecutor’s Office recommending that we keep private coverage. In fact, we have double, double coverage, and everything here is based on the Prosecutor’s recommendation and to this date I have never seen a written recommendation or any correspondence from the Prosecutor to that effect.
L. Bowers – Mr. Butler, other than, other than discussion in previous meetings, um, is there an allegation that there is something in writing that no one can find? I’ve never seen anything in writing.
D. Butler – I, I’m saying that I don’t see anything in writing, period. I’ve not either. But everything is based upon his believe that we should have kept the coverage and I have not seen that in writing.
L. Bowers – I don’t believe that it…
L. Bowers – Good enough. Mrs. Shanley, any discussion?
N. Shanley – Nope.
L. Bowers – Is there a motion to approve the minutes?
D. Butler – I’ll move.
N. Shanley – I have to recuse myself. Because I wasn’t part of the proceedings.
L. Bowers – Then I will second. All in favor, aye.
L. Bowers & D. Butler – aye.
L. Bowers – And Mrs. Shanley abstains.
Legislation:
L. Bowers – Legislation. RESOLUTION 1-2010. A RESOLUTION ENACTING THE 2010 LAFAYETTE TOWNSHIP PUBLIC BODY RULE FOR THE NOTIFICATION OF MEETINGS TO THE PUBLIC AND NEWS MEDIA and for residents in the audience, this is a housekeeping measure that we’re required to do every year and it will be published to make sure that people know, um, where they can find out about our meetings. And how those notices will be given. Any discussion, Mr. Butler?
D. Butler – Nope.
L. Bowers – Mrs. Shanley?
N. Shanley – Nope.
L. Bowers – Is there a motion?
N. Shanley – I’ll move.
L. Bowers – Move to approve by Mrs. Shanley. Second?
D. Butler – Second.
L. Bowers – Second by Mr. Butler. All in favor, aye.
D. Butler, N. Shanley
– aye.
L. Bowers – And opposed, same sign? (no vocal vote)
L. Bowers – RESOLUTION 2-2010. A RESOLUTION ESTABLISHING A LAFAYETTE TOWNSHIP BOARD OF TRUSTEES 2010 MEETING SCHEDULE. Discussion, Mrs. Shanley?
N. Shanley – No.
L. Bowers – Discussion, Mr. Butler? Well, somebody’s going to have to discuss something cause we got to put dates in there.
D. Butler – Well, we’ll put the third, third Monday of every month.
L. Bowers – Mrs. Shanley?
N. Shanley – I’ll go along with that.
S. Bailey – You have regular meetings from, held from February to December. What about January?
L. Bowers – Well, I think, right now we’ll have to change that, won’t we? Well,
S. Bailey – And with January, ah, the third Monday is, what, President’s Day?
L. Bowers – Yeah, that’s actually addressed when it falls on a holiday, it would move to the next day.
S. Bailey – So you want the nineteenth then?
L. Bowers – Yeah, that happens every year.
S. Bailey – Yeah, but you had a meeting last year on
L. Bowers – Yeah, in, in, in discussion, um, and it’s going to be the Board’s call, do we want to have the meeting on that third Monday or do we want to move it. We don’t have to. That is a national holiday, so we can move it to the next day. That’s Board discussion. But hold that thought. Um, I will have no problem at this point with going with, um, one meeting a month, um, for the time being, but if it gets to the point where our agenda gets too, too steep and things aren’t getting done, um, I think we’re going to need to revisit that. Um, that’s been a problem in the past and, ah, I think that this Board should not hesitate to call special meetings, but that’s not necessarily fair to the public, not giving them some notice. So we might want to revisit that. And what do we want to do with the nineteenth? Do we want to leave that that set, or no?
D. Butler – We met last year on the nineteenth, correct?
S. Bailey – Pardon?
D. Butler – You said we met last, just leave it that way, leave it the third.
S. Bailey – We met right on the holiday last year.
D. Butler – Yeah.
N. Shanley – I would prefer Tuesday, if that’s not a problem to the rest of the Board.
S. Bailey – That would be the nineteenth, because the eighteenth is a Monday.
N. Shanley - Right.
L. Bowers – Okay. So Tuesday, Tuesday we’re going to say Tuesday the nineteenth is the next January meeting? I’ll make sure that gets published properly and then February through December then we will be third Monday.
S. Bailey – Third.
Sue Heiszek – I think you have the same problem with February.
L. Bowers – We may.
S. Bailey – Yes, you do.
Sue Heiszek – I think President’s Day is the ?
S. Bailey – I think so.
L. Bowers – We can look at that then. Um.
S. Bailey – Ah, I have a calendar right here.
L. Bowers – Also,
N. Shanley – The eighteenth is an okay day, right?
L. Bowers – Nanci,
S. Bailey – Eighteenth is Martin Luther King Day and ah, February will be the 15th. That is President’s Day, so you’d have to have it on the sixteenth then.
L. Bowers – Why don’t we call that one at the next meeting so it’s not too far out, for publication purposes.
S. Bailey – Well, when I send it to the, for publication though, I send them for the whole year. That way they have it automatic in their system.
L. Bowers – Okay. What’s the Board’s pleasure then? For Feburary? We can go ahead and do it.
N. Shanley – I would do the same. I would move it to the next day.
L. Bowers – Tuesday? Don, you okay with that?
D. Butler – um-hum.
L. Bowers – Okay, then, Monday and
N. Shanley – That the sixteenth, then?
S. Bailey – That would be the sixteenth.
L. Bowers – Anything else? And by the way, we’re going to redraft this resolution, get a clean copy for signatures, right?
S. Bailey, N. Shanley, D. Butler – Right.
L. Bowers – Okay, thank you. Um, anything else you want to change, Don? Nanci?
N. Shanley – No.
L. Bowers – All in favor, aye?
N. Shanley, D. Butler, L. Bowers – aye.
S. Bailey – What, we have a motion?
L. Bowers – Yeah.
S. Bailey – You didn’t, no, you didn’t have a motion.
L. Bowers – I’m sorry, I apologize.
N. Shanley – I’ll move.
L. Bowers – Second?
D. Butler – I’ll Second.
L. Bowers – All in favor?
D. Butler, N. Shanley
– Aye.
L. Bowers – And opposed, same sign. (no voice vote heard) The only other thing I’d mention on meetings, is, um, back when I was President in 2007, I scheduled a regular budget workshop every three months to review appropriations and review the budgets and I’d like to do that again this year as special meetings. And we can call them as Special Meetings in case anything comes up in the meantime. But Nanci, do I understand correctly that Wednesdays are not a good day for you?
N. Shanley – During the day?
L. Bowers – During the day.
N. Shanley – These are day meetings?
L. Bowers – Day meetings.
N. Shanley – No, actually Wednesdays generally are good. This, this particular Wednesday was not.
L. Bowers - Wednesdays during the day work for you, Don?
D. Butler – I’d rather have them in the evening. Especially if we’re talking dollars and cents.
L. Bowers – Is there any particular evening that’s better for you so that, I mean, when we schedule those I’d like to do it when it’s convenient.
N. Shanley – Monday nights are fine for me.
L. Bowers – Don? (no audible response) Okay, so then I will try to shoot for the second or fourth Monday every three months, starting in March.
S. Bailey – For the fourth, fourth Monday I can’t do.
L. Bowers – Okay. So men, it’ll probably be the first Monday.
S. Bailey – I have a Board meeting on the fourth Monday.
L. Bowers – I will send out a proposed calendar for the year for everyone to check against their schedules of things that are set and they know about. And make sure that that works for everyone before we set any of those meetings, how’s that?
S. Bailey – Okay.
L. Bowers – Okay. Moving on, the agenda, ah, we have RESOLUTION 3-10. A RESOLUTION ESTABLISHING TEMPORARY 2010 APPROPRIATIONS. Did everyone receive the, um, resolution that Mrs. Bailey sent out this evening that had the 2009 appropriations on it?
S. Bailey – I, I, I changed it to the 2010 cause, since this is temporary and we haven’t had a chance to really go over the appropriations, I thought that it would be best to, just to continue with what we had for temporary from last year until we have a permanent set up. Because a permanent has to be set up before April 1.
L. Bowers – Yeah, there’s a couple of ways temporaries are typically done. Some townships just temporarily appropriate their entire carryovers, course we have accounts such as zoning and police that don’t have carryovers. Um, other townships just approve their last years because they do get changed when we do permanent appropriations. Um, you know other townships just round off and do, you know, maybe a hundred, hundred and fifty thousand in, in each account and of course, many of ours, we don’t need them. Mrs. Bailey sent this one out this evening and I had already sent an email to Nanci and Don indicating that I would bring a clean one and I already had it done, so.
S. Bailey – Oh, okay.
L. Bowers – Um, I’ve just got one done that’s just got all the departments listed. So, it doesn’t matter to me how we do it as long as she can pay bills for three months or until we get our appropriations done and I anticipate they’ll be done far before March.
S. Bailey – Okay, well I have the departments on here and the amounts.
N. Shanley – Yeah, she does.
L. Bowers – Yeah, but it has the, it has last year’s numbers on it, which is fine. We can do that. I checked them real quick against the resources and none of them exceed, so we can do that.
N. Shanley – I have no problem with using last year’s numbers for these three months.
L. Bowers – Don?
D. Butler – Might as well do it.
L. Bowers – Okay, is there a motion to use last year’s appropriations for our temporary appropriations pending permanent?
N. Shanley – I’ll move.
L. Bowers – Mr. Butler, second?
D. Butler – Yeah, second.
L. Bowers – Mr. Butler seconds. All in favor, aye?
N. Shanley, D. Butler – Aye.
L. Bowers – And opposed, same sign? (no vocal vote heard) RESOLUTION 4-2010. A RESOLUTION AUTHORIZING THE FISCAL OFFICER OF LAFAYETTE TOWNSHIP TO MAKE A REQUEST FOR ADVANCE TAXES COLLECTED. And Mrs. Bailey, do you have the list of dates from the Auditor’s Office yet?
S. Bailey – No. That’s why I have the same Resolution, but I have the one that is in my system because, ah, the dates, we don’t get from the, ah, County Auditor until mid-January, sometimes late January. Last year it wasn’t until February, cause they weren’t sure. Um, so I do not have the dates as marked in here that, ah, the first half tax collected by noon on and then in parentheses, dates to be advised.
N. Shanley – Or shall we table the resolution till you have the dates?
S. Bailey – Ah, I would not. Cause we don’t know when those will come through.
L. Bowers – Is there going to, are you, do you anticipate you’re going to be able to make a request before the nineteenth of January? Two weeks?
S. Bailey – I can request it and see if they have set it up yet.
L. Bowers – Yeah. What’s the Board’s pleasure?
N. Shanley – I would table them till the nineteenth.
L. Bowers – Mr. Butler?
D. Butler – I’ll go along with that.
L. Bowers – Then it’s tabled till the nineteenth. And if you don’t have them at that time, we can look at that again. Um, RESOLUTION 5-2010 WOULD BE A RESOLUTION ESTABLISHING A PROCEDURE FOR THE APPROVAL OF MINUTES AND THE PURPOSE OF SAID APPROVAL. Discussion on the resolution, Mr. Butler?
D. Butler – I would welcome this.
L. Bowers – Mrs. Shanley?
N. Shanley – Ah, since I put forward the resolution, I don’t have any comment. I’m wondering if we should be reading this to, for the record, so that everybody out there knows what we’re talking about. Okay. You want me to read it, you want to read it?
L. Bowers – Ah, I can read it.
N. Shanley – Okay.
L. Bowers – Says the Board of Trustees of Lafayette Township met, Medina County, Ohio met in Organization Session pursuant to legal notice on January 4, 2010 at the Lafayette Township Hall with the following members present: Trustee Lynda Bowers, Trustee Don Butler, Trustee Nanci Shanley. Trustee Shanley moved the adoption, well that hadn’t happened yet, I’ll go right to the Whereas clauses. Um, A – Whereas Ohio Attorney’s General has found that a Board of Trustees may reserve the right to itself the right to approve meeting minutes, and B – Whereas the Attorney General has likewise found that the Board of Trustees can determine the effect of its approval and, I think that’s a typo, the thus the nature of how minutes are to be prepared, now therefore be it resolved by the Board of Trustees of Lafayette Township, Medina County, Ohio that henceforth, minutes of the Board of Trustees shall be approved upon motion by a majority vote of the Trustees attending the meeting covered, and, too, that said approval is to verify that the minutes are a verbatim transcription of all statements made by the Trustees or others in attendance. Any further discussion?
D. Butler – Save us a lot of time.
L. Bowers – The only comment, um, that I will make is that, ah, and Mrs. Shanley, as you get to be a more experienced Trustee, I’m sure you’ll hear this over and over that in all of the training sessions and our legal counsel typically tells us that verbatim is probably the least best choice of doing minutes. Um, that said, I have no problem doing this, I understand the problems that we have encountered in the past and every little comment, grunt, and moan will be in the minutes, and it would be incumbent on a member objecting, saying that that information does not exist on the tape to review and verify that and prove that it is incorrect. Um, if we determine later on that the cure and the medicine is a lot worse than the problem, maybe we might address that again. But for now we’ll give it a shot and see how it goes. I’m comfortable with it.
N. Shanley – My only comment to this is that I did write to Bill Thorne about this and, um, in his reply and in the meeting that I had with him, um, prior to sending the letter, evidently there is a move toward this by more and more boards, because there seems to be dissent in a lot of places about minutes and so this seems to be, um, something that everybody seems to be trying in order to try to get things under control, so, I think it’s worth a try. I agree, if it becomes cumbersome, then we revisit it, but I’m trying very hard to get away from the, um, contention and friction over minutes.
L. Bowers – And, and does the board agree that if, if a board member believes that the verbatim transcript is incorrect, that prior to the meeting they will take the time to review the tape and, and make that
N. Shanley – Absolutely.
L. Bowers – Okay. Mr. Butler?
D. Butler – No problem.
L. Bowers – Okay. Cool.
S. Bailey – Okay, I also want them to understand though, when it’s verbatim, cause I know, ah, Don you have a problem with long minutes. When they’re verbatim, they will be very long. Very long.
L. Bowers – Yup.
D. Butler – No, I don’t, I don’t think I’ve had a problem with long minutes. I had a problem with accurate minutes.
S. Bailey – You had a problem with long
D. Butler – When summations become long and inaccurate. I’m happy with it.
S. Bailey – I know, you, you wanted them shorter.
L. Bowers – We agree, we’re going to do verbatim.
S. Bailey – Okay.
L. Bowers – Any more discussion on that issue?
S. Bailey – Okay
N. Shanley – I’ll make the motion.
L. Bowers – Moved by Mrs. Shanley. Is there a second?
D. Butler – I’ll second it.
L. Bowers – Moved by Mrs. Shanley, seconded by Mr. Butler. All in favor, aye?
D. Butler, N. Shanley, L. Bowers – Aye.
L. Bowers – And opposed, same sign. (No voice vote heard) RESOLUTION 6-2010 IS A RESOLUTION ESTABLISHING A POLICY FOR OPEN COMMUNICATION WITH RESPECT TO REQUEST FOR OPINION BY TOWNSHIP TRUSTEES AND THE FISCAL OFFICER and I will read that as well. As soon as I find it in my stack. I’ll just go right to the Whereas clauses. Um, it’s a resolution recognizing the Medina County, um, I’m sorry, that’s wrong. A resolution establishing a policy for open communication with respect to request for opinions by Township Trustees and Fiscal Officer. Whereas the Lafayette Township Board of Trustees wishes to support open communication between elected officials in the interest of delivery of the best possible, the best public service to the constituents, and Whereas the Board of Trustees recognizes the importance of sharing information and the interest of facilitating informed decisions in the proactive prevention of potential procedural problems and any avoidance and resolution of conflicts, and Whereas the Lafayette Township Board of Trustees wishes to establish and operate in an atmosphere of teamwork, now therefore be it resolved by the Board of Trustees, Lafayette Township, Medina County, Ohio that henceforth, all Trustees and the Fiscal Officer shall be copied on any and all communications to the Medina County Prosecutor’s Office or any other individuals or offices from whom information is sought. Any document containing a request for opinion, advice or clarification or complaint and any supporting documents which may be included in such communication shall be provided to the other township elected officials at the same time that the communication is being sent to the parties being consulted. Discussion, Mrs. Shanley.
N. Shanley – I’m putting forward this resolution again just based on what I’ve observed over the past two years. Again, an attempt for everyone to be on the same page and have the same information at the same time and for everyone to be informed so that there is no question that everybody has access to the same information. And that’s my purpose.
L. Bowers – Discussion, Mr. Butler?
D. Butler – None here.
L. Bowers – Okay, I am passing out
S. Bailey – I, ah, do have, uh, because this is set up for the Trustees and myself. My, a Fiscal Officer is separate from the Trustees. I am also an elected official.
N. Shanley – Correct.
S. Bailey – I, I do not want that on there.
N. Shanley – Correct. Bill says we can pass that and we can request that of you. It’s up to you whether you comply in the interest of cooperation, but we can ask you that. Okay? Basically, we can pass this and a trustee can opt not to do it.
L. Bowers – It’s not enforceable on anyone.
N. Shanley – It’s, it’s a spirit, right, it’s a spirit of cooperation that we’re after here.
S. Bailey – Okay. Alright.
N. Shanley – If necessary, I can read the paragraph from Bill about that.
L. Bowers – In discussion, I am handing to Mr. Butler and to Mrs. Shanley Resolution 4-06, which is currently on the books of Lafayette Township. And, Nanci, um, one of the things that I, that I found very helpful when I was a new Trustee, and you may want to do this, um, I went back through and looked at several years of minutes and several years of resolutions so that I could see what was already on the books and what was happening. Resolution 4-06, which is in effect currently, in section 2 says that requests for legal opinions of the County Prosecutor from the Board of Trustees shall be in writing, submitted by the Township Clerk or President of the Board of Trustees. Copies of requests are township records and shall be forwarded to the Clerk. Each member of the Board of Trustees is to be copied with requests for legal opinions as soon as is practical. Requests for legal opinions of the County Prosecutor from the Zoning Commission or Board of Zoning Appeals shall be in writing, submitted by the Zoning Secretary or the Chair of the Board making the request. Copies of requests are township records and shall be forwarded to the Clerk. Written requests should include all the facts to be relied upon to provide an opinion along with the appropriate contact information should the Prosecutor’s Office require additional information. That goes on to state, um, that responses to the opinion or request should be forwarded to the Clerk and attach the original and in the event the response is, is, a verbal response, a phone call, a written summary should be provided to everyone and, and copied to the file as quickly as possible. It also sets out exclusions to the policy: Open meeting discussion of which public record is being made, Executive sessions or consultation with legal counsel permitted or required by law to be kept confidential, and police officers in the performance of law enforcement activity and zoning officials as well. Um, Mr. Thorne was involved in the preparation of that resolution. And, since I’m the one who instigated that resolution and asked for it, um, I’ve got just a few more comments Nanci, um, I can certainly understand and appreciate the reason that you asked for it, um, I did too. And, I know that there will be great argument to this comment, but, um, unless there is a public purpose exception why that cannot be done, I’m probably the only board member who always puts those things in writing and distributes them to everyone. Um, I, I know you don’t like it Don, but, but, just hear me out. Um, the resolution in 06 was done more for the benefit of the Prosecutor’s Office, because what was happening at that time is that people were calling the Prosecutor’s Office and asking for opinions and not giving him all of the facts, or not giving him accurate facts. Not necessarily purposefully, but that’s what was happening. And then the Prosecutor’s Office ended up doing double duty and having to, to do it twice. The exceptions when communications are required to be confidential by law are very important, and that’s not an exception that’s in your resolution. The other place where exceptions are extremely important is in a situation currently that we have now, it’s, it’s absolutely imperative that attorney client privilege be protected. And copying things to another person shatters the veil of attorney client privilege, even if it’s another Trustee. Um, it also, ah, putting things on record, especially in cases where there could be a number of potential lawsuits, is not something that we want to do so it’s imperative that we have that exception for that reason. Um, additionally, there’s a lot of incidences, instances, where there’s a brief communication that has to occur. It’s not necessarily always in writing, and a lot of times, particularly for me, I can’t answer for anyone else, it’s usually constituent work, it’s not township business. Um, as an example of that, um, I don’t know whether a lot, I’ll just give you one that I did today. There would have been at least in, according to this resolution, six times today that I would have had to put things in writing and copied them to all of the Trustees. Um, It probably would have bogged things down to the point where it, we didn’t get the result that I ended up getting. Um, a lot of you may know that Medina City Schools stopped busing, yeah, you’re, stopped busing Lafayette Township Medina School kids. And, they sent that notice out the last day school was in session before the holidays. And today was the first day that they went back and parents had to find transportation for their kids. Um, my, my education and background, fortunately, I, I was taught to legal research, and I found the code in the Ohio Administrative Code and the O.R.C. as well that the definition of two miles has to be a roadway traversable by a motor vehicle. Um, Cobblestone in Montville Township is not an open road. Um, so today I had to talk to the Superintendent of Schools, the Superintendent of Transportation, the Ohio Department of Education, the Ohio Department of Transportation, the County Engineer’s Office, um, to document that that road is actually closed, Montville Township Trustee, um, at the end of the day, at 2:51 p.m., Randy Stepp, the Superintendent of Schools called and they are recalculating that, ah, route, and ah you’ll be happy to know your busing is being reinstated tomorrow. Um, not for the high school, K through 8. But, that’s just one of those things, and that’s constituent work. It was not a township issue. And this resolution doesn’t make any exception for those things either, and that happens every day.
N. Shanley – I understand the, I’m fine with a, ah, some kind of a clause for exclusions. I was aware of this resolution. This resolution that I’ve put forth actually covers more than just the Prosecutor’s Office. And the other thing that’s important, I think
L. Bowers – I understand that
N. Shanley – is that it says the copies are to go at the same time that the original goes, not sometime later. And I thought that the wording on 4-06 was vague in that regard.
L. Bowers – If you want to redraft it for the next meeting, I, I’d be fine to look at that. I, I cannot agree to, I will not, you know you and Don can pass it, but I will not agree to something that I know that I cannot and will not do. Not under those circumstances.
N. Shanley – By amending it, we’re permissible by law, where there’s an attorney client privilege situation. Um, the other thing that I would suggest is in a situation like what you’ve, um, indicated from today, if there is a way to very briefly bring other people up to speed. What I’m trying to achieve here, is, um, acting in a spirit of keeping our peers informed of what we’re doing and what we’re finding out and not
L. Bowers – I’ve got no problem doing that. I’ve been told and I have it in writing, that, um, I shouldn’t do constituent work, that people need to be ignored, and I’m not going to do that. Um,
N. Shanley – Oh, I don’t think this is suggesting that in any way.
L. Bowers – Yeah, I don’t, and so, um, you know for that reason, I’ve not copied on constituent work. Um, the other thing is, and I believe Nanci, as you gain experience, you’re going to discover that the problem is not one of communication, it’s a problem of not taking advantage of the, the opportunities to learn that are out there. I don’t think you’re going to have a problem with that. It’s also one of not reading the documentation that’s given to us and I don’t think you’re going to have a problem with that. Um, I think you’ll find that there’s certainly no problem between you and I on communication and keeping each other in the loop. But if you want to redraft that resolution to cover those instances where, ah, it’s not appropriate, practical or reasonable, then, then I wouldn’t have a problem with it. Or if the Board, the majority of the Board wants to entertain it as it’s written, that’s the Boards, ah,
N. Shanley – I would suggest that we amend it where permissible by law. Because practical or reasonable are very subjective.
L. Bowers – Well, it’s always permissible, um, other than matters required to be confidential, but there’s, there’s, there’s a very strong issue having to do with attorney client privilege.
N. Shanley – And that would be where permissible by law.
L. Bowers - No. We are not required to have attorney client privilege. We’re not required. We can, we can invite lawsuits all day long, um, I do believe that that would fail our responsibility of protecting the, ah, taxpayers’ dollars by inviting lawsuits, but I’m not going to participate in it.
N. Shanley – Where we see our township heading, down a path where we think we may be, ah, in the path of litigation, or heading toward that, I think we have a duty to let our fellow trustees know. I don’t think that we can act unilaterally.
L. Bowers – We have a duty
N. Shanley – I think that gets us in a lot of trouble.
L. Bowers – We have a duty to take it to the Prosecutor and allow the Prosecutor to take it to the Trustees in order to not create a record that documents the litigation for the potential litigant. That’s the proper way to handle that – to take it to the Prosecutor. He has attorney client privilege with each and every one of us. Um, if I take something to him and he agrees that it’s a problem, then he goes to Don, and he goes to you, or he comes together with us as an Executive Session group that’s protected. But, the minute you shoot something to me that documents that, or Don shoots something to you that documents that, it is a public record and it sets out the case. You see what I’m saying?
N. Shanley – I do see what you’re saying, however, we’re either doing something that someone can litigate or we’re not. And putting it in writing doesn’t change what the law says.
L. Bowers – How do you feel about, um, how do you feel about our obligation to do things legally and in a manner that protects the taxpayer’s dollars, which means we do not do anything that helps promote a lawsuit. Including putting things in writing.
N. Shanley – Again, I think that if we see that we’re proceeding down a path where that’s a possibility, we communicate about that immediately so we stop it. That’s, that’s what I consider to be the responsible thing to do. So, in light of that, I would amend this resolution to say, in matters deemed ah, attorney, dealing with attorney, I’m looking for wording, I really would prefer not to table this. But I would like to find wording that you’re a little bit more comfortable with.
L. Bowers – I don’t think we can do that sitting here. It’s pretty, and I think that it probably, um, requires some input from our legal counsel for all of us. I, I do appreciate the fact that you’ve had a meeting with Bill on this, which illustrates my point. You know, you wouldn’t be able to have done that under this resolution. Um, Don and I didn’t have the benefit of that.
N. Shanley – Actually, excuse me, actually I did write to him. You received a copy of my letter and you received a copy of my reply.
L. Bowers – But it does not address this issue. It does not address this issue.
N. Shanley – Then I’ll be happy to table it till the next meeting and
L. Bowers – Yeah, we have a meeting with Bill coming up, so why don’t we just all discuss it with him at the same time. We’re permitted to do that.
N. Shanley – That’s fine.
L. Bowers – You okay with that, Don? (no response heard) Okay, then that resolution is tabled. And that was six. Resolution 7-2000
S. Bailey – You don’t
L. Bowers – It will go to, it will go to
S. Bailey – You are going to put numbers on these, then?
L. Bowers – Yeah, I did when I read them. That was ah,
N. Shanley – I would take the number off. I mean, that’s the whole reason Bill said not to number these
S. Bailey – Right, right, I haven’t numbered these
L. Bowers – Okay, then we’ll leave it off. But that resolution will go as an action item to the meeting with Bill that is going to be called at the end of this meeting. Okay. So Shirley, what am I at now, then. Resolution 7
N. Shanley – That would be six
L. Bowers – Well, that was six but we’re not going to do it. We’re not going to put the number on it.
N. Shanley – Well, then I wouldn’t assign a number to it until it becomes a resolution.
L. Bowers – That’s what I’m saying, I need one for the next one.
N. Shanley – It’s not a resolution at this time. We have to adopt it.
S. Bailey – Until it’s a resolution, then we’ll put a number on.
L. Bowers – Exactly, that, that’s what I’m saying. Was that six?
N. Shanley – So this would be six.
L. Bowers – Okay
N. Shanley – This would be six coming up.
L. Bowers – We’re getting rid of that. I need to know what number I’m on, having gotten rid of that. RESOLUTION 6-2010 – ESTABLISHING A PROCEDURE FOR NOTATING MINUTES WITH MARGIN NOTES TO POINT TO CORRECTIONS AND CLARIFICATIONS AT SUBSEQUENT MEETING AND GUIDELINES FOR ATTACHMENT OF MATERIALS TO MEETING MINUTES. Discussion, Mrs. Shanley.
N. Shanley – Again, this is based on a letter received from Bill Thorne in answer to a letter that I wrote to him. Um, if anyone likes, I will read the paragraphs from Bill that deal with this. Um, does the Board feel that’s necessary? Anybody feel it’s necessary?
L. Bowers – As I understand it, it says that, you know, we can attach, we can make margin notes that refer the, the reader to where the correction was made in, in other minutes, which I understand is what we do now. And also that attachments are required to be items that were actually discussed or referred to in a meeting, which is what we do now. So, I don’t have a problem with that resolution.
N. Shanley – Well, it, it calls out a little more clearly how we refer to those documents.
L. Bowers – Mr. Butler, you have any discussion?
D. Butler – No. I think it’s ah, needed. Ah, too many times people are parking comments on the record and they stand alone and there’s no way to refer back to them. This way, at least we have a, a pathway that if something needs to be corrected, ah, people looking at the records down the road can see where we’re going.
N. Shanley – For the sake of our constituents that are here, the wording is, Minutes of the Board of Trustees shall contain as attachments only those documents that were read into the record at a meeting or specifically referred to at a meeting to include citing type of communication, (e.g. email, letter, quotation, estimate) subject line of title of communication, date of communication, and recipients of communication.
L. Bowers – Any further discussion by the Board? Is there a motion?
N. Shanley – I’ll move.
D. Butler – Second.
L. Bowers – Move to approve by Mrs. Shanley, seconded by Mr. Butler. All voting in favor, aye?
N. Shanley, D. Butler-
Aye.
L. Bowers – And opposed, same sign? (no vocal vote heard) Resolution 6-2010 is approved.
Appointment of Board of Zoning Appeals and Zoning Commission Members:
L. Bowers – Appointment of Zoning Appeals and Zoning Commission members. Is there a motion for Executive Session?
N. Shanley – I’ll move.
L. Bowers – Mr. Butler, second?
D. Butler – Second.
L. Bowers – We have a
motion to move into Executive Session to discuss personnel appointments, um,
hiring and firing, although it’s not really firing, it’s hiring. Roll call vote.
Mrs. Shanley?
N. Shanley – Yes.
L. Bowers – Mr. Butler?
D. Butler – Yes.
L. Bowers – Mrs. Bowers, yes. Be right back folks.
(Executive Session
convened at 7:38 p.m.)
L. Bowers – I will reconvene the meeting, it is 7:57. Mrs. Shanley?
N. Shanley – Ah, I’m going to make a motion that we request the service of these individuals on both the Zoning Commission and the BZA subject to their acceptance. For the Zoning Commission, as alternate, Dianne Wenslow. As alternate, Lee Kehoe as second alternate. And as regular member, Matt Strehle. For the Board of Zoning Appeals, Jocelyn Kogler as regular member, John Crawford as alternate, and Athena McAfee as alternate.
L. Bowers – Is there second?
D. Butler – I’ll second that.
L. Bowers – Second by Mr. Butler. All in favor, aye?
D. Butler, N. Shanley, L. Bowers – Aye.
L. Bowers – And opposed, same sign. (no vocal vote heard)
Electric Aggregation Proposal from Medina County Commissioners:
L. Bowers – Electric Aggregation Proposal from the Medina County Commissioners. Um, this would be a motion that doesn’t have to be a written resolution, but a motion of support, um, that we can document in the minutes whether or not the Board of Trustees, um, would encourage the Commissioners to put aggregation on the ballot in Lafayette Township and as, as I understand if we do, um, encourage that support, the Commissioners would look to us to, ah, help them get information out to the voters as to what that means, understanding that if it passes in Lafayette Township individual property owners have the right to opt out. So it’s not something that would bind them. Discussion by the board? Mrs. Shanley?
N. Shanley – I put together some material on this. I think everybody got it. I don’t know if it’s helpful at all. I just wanted to learn more about it – pros and cons and what the net benefit was to an average homeowner. Um, my concerns about this is that we only seem to be looking at First Energy as the, ah, aggregation, um, option. Whereas, we also have the option to look at brokers. Um, the other thing is that we’re looking at putting this on the ballot in May and whether, you know, when you put something on the ballot, you’re going to pay a certain amount of money. Granted, the county is going to pay it, but that’s all of us in tax money. Um, right now, as of today at the Board of Elections, there are, there is nothing for the May ballot. Um, so it is going to be costly to put this on the ballot if it was a general election ballot, it would be next to nothing to put it on the ballot and might feel differently. So, um, if anybody’s looked at this material, um,
L. Bowers – My understanding … Nanci, I apologize.
N. Shanley - If I could finish please. The other thing is that we all as individuals have the right right now to go out and shop for better electric rates and there’s a whole list that the PUCO has approved. The net savings to the average homeowner, I got a tax bill, or a tax bill, gosh, an electric bill from First Energy today and I did the math on the savings. Ah, you know, it ends up being less than a dollar, less than fifty cents. Um, I’m not sure that I, I would support it. That’s my personal, that’s, that’s just my opinion.
L. Bowers – The difficulty I have making a decision in a vacuum is that the way that it was explained, um, Mr. Hambley had done some going around and he’s also provided some information, um, had, had some informational meetings to residents, and as I understand the way it’s explained is that, if it’s approved at the ballot, it gives the Commissioners the ability to negotiate. And the information that’s being put out there is, you know, if we negotiated today this is possibly what it could be. But until they have the authority to negotiate, we don’t know what it’s going to be for sure.
N. Shanley – Right.
L. Bowers – And, so it’s kinda hard to make that decision not knowing. Ah, my firm belief is that there will other things on the ballot in May. Um, how much that would split down I don’t know, but, um, I, it’s hard to tell where to go.
N. Shanley – I, I know that that’s what Steve Hambley was saying and I’ve looked at virtually everything I could find that First Energy has done in the way of aggregation in the State of Ohio. They have done nothing other than the 6%, 4% split. That’s all they’ve agreed to do. And for that, they do give a $30 per household that goes, that signs up a grant, but if the grant’s going to be eaten up by putting it on the ballot; I just don’t see the great benefit.
L. Bowers – I hate to take away the choice from the voters. That’s my, I, I think that it does need to be the property owners choice. And to take that option away from them by simply saying we wouldn’t support putting it on the ballot, I guess I have concern with. Personally, would I support it at the ballot, I, I don’t know. The last time I did not. But I think I have more information now, I’m not sure. But, I think that the public has, should have the right to choose and that’s my dilemma.
N. Shanley – I think if it was a November ballot, I would the same exact feeling. But we’re looking at a ballot where it’s going to be a lot more costly.
L. Bowers – Don, you’ve been quiet.
D. Butler – According to your comments here, Nanci, It says, Mr. Hambley stated that if the county brings this to the ballot, the cost of placing this on the ballot will be paid through the use of grant money that would be received from First Energy. If the issue passes and if First Energy is chosen, ah, the chosen option for aggregation. Well, that sounds kinda slanted. I just can‘t see taxpayers paying money to put something on the ballot when, as it says here, and as both of you has said, the consumer has the right to shop it.
N. Shanley – Right, we do have the right to shop it right now. Today.
L. Bowers – We just, they just don’t have the same pooling power. That, that’s the difference. Um, you know, anybody, anybody in the audience attend any of the meetings, have any of the information? Alliss, what, what have you heard?
Alliss Strogin – I haven’t attended meetings, but I was questioning maybe
L. Bowers – Um, Alliss, I apologize, you need to (directed to microphone). I forgot, we’re doing verbatim. Alliss is now coming to the
Alliss Strogin – Okay. Alliss Strogin, Zoning Inspector. Um, all I wanted to say is, I think May there’s going to be primaries, because you got a commissioner’s race and, um,
L. Bowers – There’s going to be plenty.
Alliss Strogin – There’s other, there, um, there’s other races, so, if there’s going to be a primary, I’m sure there’s going to be a primary from the commissioners race. Ah, the cost then wouldn’t be like just putting it on for that. Like you were saying, that would be extremely expensive. But I, I’m reasonable sure that there’s going to be a primary in May. So, that would lower the cost if that’s one of the issues. Thank you.
L. Bowers – Karen, have you attended any, or heard anything more? Okay. Anyone else? What’s the board’s pleasure? Make a motion, yea or nay.
N. Shanley – I would
move that we not support this at this time but I would communicate to the
Commissioners that if this were to be entertained during a general election
that we might feel differently about this.
L. Bowers – Mr. Butler, you support that motion?
D. Butler – I like the first part where you just not support the, ah, issue at all.
L. Bowers – Well, we can amend the motion to not support it and Mrs. Shanley you can communicate your concern. How’s that?
N. Shanley – That’s fine.
L. Bowers – That okay? That your motion then to not support?
N. Shanley – That’s my motion, yeah.
L. Bowers – That your second, Mr. Butler?
D. Butler – Second.
L. Bowers – All in
favor of the motion to not support putting aggregation on the ballot, all in
favor, aye?
D. Butler, L. Bowers, N. Shanley – Aye.
L. Bowers – And opposed, same sign. (no vocal vote heard) Okay. Any other business that needs to come before the board? Anything from the audience? Mrs. Heiszek.
Sue Heiszek – Sue Heiszek. Ah, Mrs. Bowers I just would like to ask you to list what department and the other commissions or whatever you’re going to be liaison for so it is on record.
L. Bowers – Zoning and BZA, Police, and Cemetery. And, ah the one thing that I would point out is that earlier in the year Mr. Butler, we did put Recreation with Service. I’m assuming that you intend to do that?
D. Butler – What’s that?
L. Bowers – Recreation, is, we decided that that was part of Service.
D. Butler – Fine.
L. Bowers – Okay. So I will be doing Zoning, BZA, Cemetery and Police. Mrs. Schoonover.
Karen Schoonover – Karen Schoonover. Just a comment about the verbatim minutes. I appreciate ah, tonight the fact that while you guys were explaining issues and talking about things you gave kind of a background summary. Um, when you were talking about the electrical aggregation, you explained it. And I think when you, we do the verbatim minutes that’ll be real helpful if you continue in that vein. And I just appreciate that. The other thing is, I was going to ask whether or not the agendas, ah, for the Trustees would be available to the general public, um, you know in like a week before the meeting.
L. Bowers – I think, Mrs. Schoonover, that we can accomplish getting the agendas out. There will be a skeleton agenda proposed that the board’s going to approve at our next meeting. Um, they don’t know that yet, but they will. And, um, the only thing that I will say is, is the agenda’s kind of a living document and it, things do come up.
Karen Schoonover – I understand.
L. Bowers – Sometimes you get a notice two days before or even the day of and things have to be taken care of and, and the meeting is for the Board of Trustees to handle the business so they won’t always be accurate a week out.
Karen Schoonover – I understand that.
L. Bowers – The Board members have to understand that as well, so.
Karen Schoonover – Yeah, even just a, like a general idea of what will be discussed will be great to be available to the public.
L. Bowers – Yeah, I think we can accomplish that.
Karen Schoonover – Thank you very much.
L. Bowers – Okay. Mrs. Gushue.
Laura Gushue – Um, Laura Gushue. The last two meetings this mic has been here, which, Don, your back is to the people talking. And I would appreciate it if we could look maybe in future meetings to change the position of this mic.
S. Bailey – It should be up there.
L. Bowers – That shouldn’t be a problem.
S. Bailey – Should be up
L. Bowers – We can probably move it out further. Mrs. Oiler you had, thank you Mrs. Gushue. Just pick it up and move it on out there, Marlene. (laugher)
Marlene Oiler – Marlene Oiler, Zoning Secretary. Ah, you’ve appointed regular members and alternates. We have a Zoning Commission meeting tomorrow night and a BZA meeting Thursday night. Ah, is someone going to notify all these people of these meetings, or do you want me to?
L. Bowers – I’ll take care of that tonight, but maybe I’ll work with you to follow up to make sure that it gets done.
Marlene Oiler – Okay. Thank you.
L. Bowers – Thank you. Anything else from the audience? Mr. Butler?
D. Butler – Nothing.
L. Bowers – Mrs. Shanley?
N. Shanley – No.
L. Bowers – The only thing, I have one comment that I want to make. It’s a rumor that’s been going on since 1998. I’ve never addressed it publicly. Um, and I’m hearing it again. I, I am not running for County Commissioner, I am not running for any other office. I have never sought any other office other than being a Township Trustee. This is what I want to do. And I will not be seeking another office. And with that, we are adjourned.
Meeting adjourned at 8:09 p.m.
Approved:________________________ ________________________
Lynda Bowers, Trustee
________________________
Donald Butler, Trustee
________________________
Nanci Shanley, Trustee
_________________________________
Shirley Bailey, Fiscal Officer