Minutes

LAFAYETTE TOWNSHIP BOARD OF TRUSTEES

Regular Meeting

Monday, December 21, 2009

Meeting called to order: 7:00 p.m. followed by the Pledge of Allegiance.

Members Present: Trustee Donald Butler, Trustee Lynda Bowers, Trustee Lee Kehoe, Fiscal Officer Shirley Bailey.

Minutes of 11/16/09 – Mr. Butler would like to table the minutes due to the uniqueness of the attachments. He is investigating the legality of attaching emails that were not properly read or introduced. Mr. Kehoe agrees. Ms. Bowers asked if the minutes were incorrect and Mr. Butler stated that many parts of them were. The Minutes of November 16, 2009 are tabled.

Ms. Bailey stated that Mr. Butler had insinuated that words were put into the minutes that hadn’t been spoken. Ms. Bailey played the tape where Mr. Butler stated he wanted to shop on the September 21^st minutes. Mr. Butler stated this would be discussed at the next meeting. Ms. Bailey stated she did not appreciate the accusation and she is not a liar. Mr. Butler asked to move on to the Fiscal Report.

Fiscal Report – Ms. Bailey reported the following balances:

Checking - $972,070.07

HRA - $198.98

Total Checking - $971,871.09

Investments - $1,750,203.39

Mr. Butler indicated that he had looked over the bank reconciliation and would get it to Ms. Bailey the next day.

Requisitions – Ms. Bailey presented the requisitions. Mr. Butler asked to eliminate the Grasshopper mower in light of some other issues later on in the agenda where the operation of the service department needs to be looked at. Mr. Kehoe has no problem with that. Mr. Butler asked how important the sweatshirts were for the Fire Department. Chief Hall stated that at this time of year they are very important. In the past the firemen were permitted to wear them whenever they would like and they therefore wore out much quicker. Chief Hall does not have that policy. These would be NFPA complaint*. Mr. Kehoe feels the sweatshirts should be approved. Ms. Bowers moved to approve the requisitions with the exception of the Grasshopper mower. Mr. Kehoe seconded the motion. All voting in favor. Motion approved.

Resolution 36-2009 – extending the reciprocal assistance agreement with Westfield Township. Ms. Bailey explained this has been in place for the last three years and expires on December 31^st. Westfield has accepted the agreement for the coming year and Lafayette needs to agree as well. Ms. Bowers moved to accept Resolution 36-2009. Mr. Kehoe seconded the motion. All voting in favor. Resolution 36-2009 adopted.

Resolution 37-2009 – transferING $535.50 from the General Fund to THE ZONING FUND FOR REIMBURSEMENT TO ZONING MEMBERS FOR COMPLETING THE CLASS “INTRODUCTION TO PLANNING AND ZONING ADMINISTRATION” HELD AT THE UNIVERSITY OF AKRON/MEDINA COUNTY UNIVERSITY CENTER. Ms. Bailey explained this was to reimburse Zoning Members who took the class approved by the Trustees for reimbursement. Certificates of completion have been received. The cost for each attendee was $107.10, totaling $535.50. Ms. Bowers reported that with the exception of Hinckley Township, Lafayette Township had the strongest showing at this class. She commends the commitment made by the board members. Ms. Bowers moved to approve Resolution 37-2009. Mr. Kehoe seconded the motion. All voting in favor. Resolution 37-2009 adopted.

Resolution – Open Records Mission Statement – Ms. Bailey reported that the changes that should have been made had not been done since 2007. The state says there should not have a time limit as our current statement indicates. Ms. Bailey would like to table this resolution at this time. Resolution tabled.

County Engineer’s Agreement – Ms. Bowers moved to approve the agreement with the County Engineer. Mr. Kehoe seconded the motion. All voting in favor. Motion passes. Ms. Karen Schoonover asked to have the agreement explained to those in attendance. Ms. Bowers explained that the township has the ability to use the county’s purchasing power. This is typically used for salt purchase.

Request for Qualification Proposal Review – Mr. Butler asks Chief Hall to contact the four companies on the approved list to have them come in some evening to be interviewed. Mr. Kehoe suggests doing it after the first of the year. Ms. Bowers stated that she feels very strongly that the law requires that the board would have accepted all the applicants in open meeting and then gone through a process of discussion and deliberation. This has already occurred and she will not participate until she feels that the Board has followed the law. Mr. Kehoe stated that he feels the obligations have already been met. Ms. Bowers does not believe that the Board has followed the law. Mr. Butler stated that an opinion would be sought. Mr. Kehoe again stated that there is a listing of four approved applicants who have been ranked and he feels the requirements have been met.

Mr. Butler asked what laws Ms. Bowers felt had been violated; Ms. Bowers suggested he speak with the Prosecutor regarding this matter. This matter is placed on hold.

Chippewa Community Reinvestment Area Board Appointments – Ms. Bowers asked if either of the other Board members have had discussions with potential appointees as she has. Mr. Butler stated he has and still needs to finalize his listing. Ms. Bowers asked if Mr. Butler would share his list; Mr. Butler responded he would not do that today. Ms. Bowers reported that she has shared her listing with the Board. Mr. Butler indicated that he would share his listing as well.

Township Sign – Ms. Bowers reported that every few years the Board has off and on discussed having a changeable sign on the corner of 162 and 42. A proposal has been distributed to the Board members. The cost would be $800 - $1200 depending on how elaborate the design would be. This would be a two-sided, interchangeable sign with five rows of lettering. The proposal is not a lighted sign; she suggests having a spotlight that can be controlled for lighting. Mr. Butler questions the location. Discussion was held on the location and zoning compliance. Ms. Nanci Shanley stated her concern of the sign angle and asked if it was the same as at 18 and 252. Ms. Bowers feels the sign people would be best to determine the angle. Ms. Shanley would like to see an additional proposal for price sake. Ms. Bowers and Mr. Kehoe stated that the last time this was discussed there was a proposal for upwards of $7,000 to have a sign like the one located at the Lafayette United Methodist Church. Ms. Bowers stated the sign would be the same size as the one in Medina Township. Additional quotes can be obtained by other members of the board if they so choose. All Board members feel the idea has merit and would like to see it continue.

Community Reinvestment Area (CRA) Technology Park – Ms. Bowers reported that on March 26, 2009 she was requested by the Board to begin this process with a housing study, which she has done. Properties have been identified. Until the Board maps and discusses where they would like the CRA to be located in open meeting there is no way to determine exactly which houses would qualify. A discussion has been held with the owners of the Lafayette Market who are interested in expanding their business. The Sanitary Engineer estimates $750,000 for the sewer line from Deerview to the intersection at 42 and 162. She suggests this would have to happen before the installation of a new fire station. Approving grant funds for that type of project is easier if there is a designation on that property. She suggests looking at this area in the CRA as well. She has started discussions to see if there are residents who would be interested in accessing the sewer line.

Mr. Butler would like to hold a Special Meeting to discuss the mapping of this area after the new board is seated. Mr. Kehoe asked if the School Board has been involved. Ms. Bowers responded that there is nothing to take to them as yet. Once it is determined that the creation of a CRA is wanted, that is when the proposal would go to the school board. Ms. Bowers reported that a problem had occurred with the past CRA due to communications on the day the school board was voting on the creation of the CRA. Several of the school board members were led to believe that what was being approved was an abatement and application. As soon as the area is determined to be looked at, there are statutory measures to be followed and the school board would be involved.

Ms. Dianne Wenslow asked to have the Zoning Chairperson invited to the Special Meeting as well. Mr. Butler agreed and would like to have all interested parties involved.

Department Reports:

Police – Ms. Bowers reported that she would distribute an end of year report after the year ends. The current unappropriated balance in that fund is $103,810.00. The beginning balance was $250,000.00. Year to date expenditures are $231,881.78. The last bill is $20,200.09. A supplemental appropriation is needed for $2,081.00. Ms. Bowers presented a resolution to do a supplemental appropriation of $2500.00 from the uappropriated balance in the Sheriff’s Fund. Mr. Butler stated that he has not seen any statements from the Sheriff’s Department this year. Ms. Bowers reported that she has distributed copies at least three times and they have been distributed in open meeting. She would like to see this done for all departments. Both Mr. Butler and Mr. Kehoe stated that they have not received the spreadsheets that were distributed in open meetings.

RESOLUTION 38-2009 – MAKING SUPPLEMENTAL APPROPRIATION OF $2,500 FROM THE UNAPPROPRIATED BALANCE IN THE SHERIFF’S CONTRACT FUND. Ms. Bowers moved to approve the Supplemental appropriation of $2500 from the unappropriated balance in the Sheriff’s Contract fund. Mr. Butler seconded the motion. All voting in favor. Motion passes. Resolution 38-2009 adopted.

Fire Department – Chief Hall had no report this evening. The SOPs (Standard Operating Procedures) are being worked on. Brian Richter of the Prosecutor’s Office has made many corrections on the current copy. It will take about a week for Mr. Richter to review after all corrections have been implemented.

Ms. Bowers reported that the collections for the ambulance fund in the first half of the year were $9,746.00 and the second half of the year, which includes the insurance reimbursement, were $28,762.27 on the day she checked. Ms. Bailey reported that the amount is over $34,000.00 so far. That money is utilized by the EMS fund.

Chief Hall reported that the department had a pot luck dinner a couple of Sundays ago. One of the firefighters will be serving at least a one year tour in Afghanistan. Typically employers tend to not give as much recognition; Chief Hall wants people to know that one of our own is fighting and will be flying an Army flag at Station 2 from the time he leaves until he returns in appreciation of his service to our country.

Mr. Kehoe commented that the Gazette ran an article about the Fire Department and the Santa run. He commended the department for their continuous effort in making the lives of children much happier.

Ms. Bailey reported that the board for the Volunteer Fire Services needs to be voted on by the Board. It must be returned by January 31, 2010. This will be tabled until the Organizational Meeting in January.

Zoning – Mr. Butler reported that that he had received a letter from the Medina County Department of Planning Services who have been working on completing the Comprehensive Plan. Ms. Patrice Thieken would like to extend the services to March 31, 2010. Mr. Butler had asked for everything to be done by the end of 2009; the task has turned out to be much larger than anticipated since the prior work had been inadequate. The costs would also increase to approximately $8,000.00. Mr. Butler feels the extension may end up being longer than March 31, 2010. Ms. Bowers commented that in Patrice’s letter she had commented that there would not be a December meeting and in November it had been mentioned that they would like to look at some additional land uses. Ms. Bowers mentioned that at the original meeting with Mr. James, he had stated that he had been involved in many Comprehensive Plans and they take three years. Mr. Butler will let Ms. Thiecken know that the Board has no problem with them taking they time they need to do the job right. Ms. Shanley asked if a monetary limit had been put in effect when the Department of Planning Services took on the Comprehensive Plan. Ms. Bowers stated there had been, but the Board just amended that with this Board consensus. The $8,000 would be the total budget figure.

Cemetery – Ms. Bowers reported that Supervisor Figgers had spoken about contracting out the opening and closing of graves at the last meeting due to the department’s equipment being so heavy and tearing up the ground. A company has been located and the estimates for his work have been distributed to the Board. The quote received is $600 to open and close a grave. Ms. Bowers explained what this would include. Ms. Bowers would like to have the Board approve having a contractor open and close the graves, pour the foundations for the monuments and also to amend the cemetery rules and regulations from $500 to $600 to open and close a grave and replacing the Schedule of Changes for foundations to $0.40 per square inch ($57.50 per foot). This about a $15 increase on the small base. Mr. Kehoe asked why not approve for E & E to do all of the grave openings and closings. Ms. Bowers replied that she expected they would do some of the work, but other contractors may be out there who are cheaper and this also allows the Service Department to use someone else if they should not be available. Ms. Bowers clarified that this fee is paid by the family of the deceased. The equipment available currently in the Service Department tears up the cemetery.

Ms. Shanley asked how much time is spent by the Service Department on the grave work. Ms. Bowers replied that it depends on how many burials there are. Mr. Roy Delaney stated that the grave has to be opened on the day of the burial to avoid cave-ins. It usually is 5 – 7 hours. Then there is the repair work to be done after that. If the department were to continue doing the burials themselves, they would request turf mats, which are very expensive. Ms. Bowers stated that it makes sense to let the professionals do this job, which is not a reflection on the service department but their equipment.

Ms. Bowers will prepare the amendment. Ms. Bowers moved to amend the Cemetery Rules to change opening and closing of graves from $500 to $600 and to replace the Schedule of Charges for Foundations with the amount of $0.40 per inch / $57.60 per square foot. Mr. Kehoe seconded the motion. All voting in favor. Motion passes.

Green Burials – Ms. Bowers reported that Green Burials have more to do with the Funeral Director and the customers identifying the appropriate place, which is typically not a cemetery. If a request were to come in, it would be appropriate to refer them back to their Funeral Director, as Waltz Cemetery would not be the ideal place for that at this time. If more land were to be acquired, that might be something the Board would want to think about in leaving some land a fallow for green burials. Ms. Karen Schoonover commented that she believes the closest green burial location is in Wilmont.

Service Department – No report.

Correspondence – Ms. Bowers noted that this was not included on the Agenda but feels the Board should discuss some correspondence received.

Ohio Department of Transportation Road Inventory – Service Department issue – needs updating.

Road Mileage Certification – needs to be completed on January 6^th between 8am – 4:30pm. Ms. Bowers and Mr. Butler are available to handle this. Ms. Shanley was invited to participate as well.

Invitation to Attend Meeting on December 8^th for Chippewa Lake Land Use Study – Ms. Bowers attended. This study would not be paid for by the township. The consensus of those present was to move forward with the issue and another meeting has been called for.

Electric Aggregation – Medina County is proposing aggregating and doing bulk purchasing. This is an opportunity for the residents to save money. It would have to go to the ballot for approval. At this point they are looking for support from the Trustees.

Medina County Sanitary Engineers Department – Ms. Bailey reported for the 2009 Christmas trees, the Medina County Yard Waste Compost facility located adjacent to the County Central Processing Facility at 8700 Lake Road, Seville, can accommodate these disposals at no charge. The open times are 6 am – 4:30 pm Monday through Friday and 7:30 am to noon on Saturday.

Organizational Meeting – Temporary Appropriations will need to be approved. The meeting will be held January 4, 2010 at 7:00 pm.

U. S. Census Bureau – Town Hall request. They cannot pay a deposit. Ms. Bailey explained that there would be 16 – 17 people using the facility. The consensus of the Board was to allow the Census Bureau to utilize the facility.

Public Participation:

Ms. Nanci Shanley thanked Mr. Kehoe for his years of service to the township.

Ms. Bailey clarified that in an email regarding time sheets she had stated that the State of Ohio requires. She should have said that the auditors feel it is Best Practices for the employer. Mr. Scott Varney stated that he recommends time sheets. Ms. Bailey read the statement from Mr. Varney as well as a statement from herself explaining the difficulty is receiving a time sheet from one employee. This is a subject that will be reviewed by the auditor during the audit in January, 2010. Ms. Bowers clarified that this is a paper trail issue. Ms. Shanley clarified that she is the person in question. She states that when she decided to run for office she decided she would not charge for her time. She will send a letter to Ms. Bailey stipulating that she will not charge the township for any moneys not already paid to her. Mr. Butler stopped Ms. Bailey from continuing with her comments.

Ms. Pat Geissman shared with all that for the last five years, the Greater Akron Chamber of Commerce has recognized an elected official in Medina County as Official of the Year. A few months ago she nominated Ms. Lynda Bowers and she is pleased to say she was selected as the Medina County Elected Official of the Year. Ms. Geisman shared her comments from the event detailing Ms. Bowers service.

Ms. Karen Schoonover thanked Mr. Kehoe on behalf of the Zoning Commission for his service.

Mr. Butler thanked Mr. Kehoe for dedicating his past four years of experience to the township.

Pay Warrants of the township.

Mr. Butler wished all a Merry Christmas and Happy Holidays.

Ms. Bowers commented on the tough decisions that Mr. Kehoe and she have made to better the township and she appreciates his years of service.

Meeting adjourned at 8:30 p.m.

Approved:________________________ ________________________

Donald Butler, Trustee

________________________

Lynda Bowers, Trustee

________________________

Lee Kehoe, Trustee

_________________________________

Shirley Bailey, Fiscal Officer

* Spelling correction made to “compliant” on 2/25/10.