Minutes

LAFAYETTE TOWNSHIP BOARD OF TRUSTEES

Regular Meeting

Monday, March 16, 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:

Discussion was held regarding the meeting of the Trustees with the Auditor for the purpose of reviewing the post-audit on March 12, 2009. It is understood by the Trustees that this meeting is an exception located in ORC121.22. (Noted under ORC121.22 – Public Meetings-Exceptions (D) #2)

2/16/09 – Minutes tabled by Board.

2/23/09 – Mr. Butler asked to table these minutes. Board agrees.

2/25/09 – Mr. Butler stated that the minutes presented are actually a transcription. He would like for them to be condensed. Ms. Marlene Oiler, Zoning Secretary, explained that she had prepared these minutes in a condensed form, but will condense them further. Ms. Bowers commented that the purpose of the minutes is to allow those not present to know what happened at the meeting. Ms. Bowers is concerned about abbreviating minutes just to make them shorter. The minutes presented tonight are a public record. Ms. Bowers moved to approve the minutes of February 25, 2009. Motion dies for lack of a second. The minutes are tabled at this time.

Chippewa Landing PUD Subdivision Preliminary Plan – RESOLUTION 13-2009 – A RESOLUTION TO APPROVE THE CHIPPEWA LANDING PUD SUBDIVISION PRELIMINARY PLAN. Mr. Kehoe moved to present Resolution 13-2009. Ms. Bowers seconded the motion. All voting in favor of the Resolution. Resolution passes.

RESOLUTION 14-2009 – A RESOLUTION OF SUPPORT FOR CHIPPEWA LAKE BOAT LAUNCHING FACILITY. Mr. Butler explained he had spoken with Mr. Tom James, Director of the Medina County Park District, who is asking for support of a grant proposal Mr. James is submitting for a Chippewa Lake launching facility. Ms. Bowers moved to approve Resolution 14-2009. Mr. Kehoe seconded the motion. All voting in favor. Resolution passes.

Ms. Karen Schoonover, Zoning Commission Chairman, asked for clarification that all Trustees had read the Planning Department document regarding the subdivision preliminary plan and had no questions. The Trustees agreed with this statement.

Financial Report:

Resolution 11-2009 had been approved at the February 25, 2009 meeting and is needing signatures. RESOLUTION 11-2009 – A RESOLUTION TRANSFERRING $33,000 FROM THE GENERAL FUND TO THE ZONING FUND. The Resolution had been motion by Ms. Bowers and seconded by Mr. Butler. All voted in favor.

Ms. Bailey reported the following balances:

Checking - $ 698,561.73 HRA Portion - $9,778.94

Investments - $1,936,947.78

Checking Balance less HRA - $688,782.79

Total Balance - $2,635,509.51

Ms. Bailey reported that the Fire Department has received the 4^th advancement, which is the last advance for the first half of the year. She cautions about spending since there is only a balance of $143,839.81. The Fire Department investments are for the most part in Charter One CDs. The Board recommends not renewing the next CD with Charter One and placing those funds with Star Ohio.

Ms. Bailey clarified the high amount reported in the Zoning – OPERS account line that was questioned by Mr. Kehoe previously. The UAN system has a fail-safe to insure that funds are actually in the fund account. When the $33,000 (Resolution 11-2009) was applied to Zoning, the account line adjusted to $2,159.71.

Ms. Bailey reported that Ms. Turpin is now bonded with Padgett-Young for the same amount ($160,000) as Ms. Bailey. All employees are automatically covered with a $10,000 bond. Ms. Turpin is also set up in the UAN system with limited access. UAN offers a cemetery program which Ms. Bailey will have Ms. Turpin and Ms. Bowers utilize. Ms. Bowers anticipates this project will take six to eight months.

Ms. Bowers commented that the township currently does not have a provision for cemetery deed transfer. The current procedure is for the township to buy back the cemetery lot at the cost it was sold for and then resell the lot at the current rate or a record of inheritance can be furnished. There is a situation with Mrs. Hamlin who is laying claim on a cemetery lot. Her situation skips a generation. The township can make an exception to reissue this deed. Ms. Bowers has asked the Hamlin Family to send a letter describing the deed legacy and their current wishes for their lot. Ms. Bowers asked if the Board would like to compose a cemetery rule to makes changes at the request of the deed holder. Mr. Kehoe would like to wait until this situation is resolved before making any changes. Mr. Butler recommended a fee be charged for reissuing the deed.

Mr. Butler asked Ms. Bailey what the current interest rate is. She responded it is 2.75%.

Department Reports:

Fire Department – Chief Hall reported that the training hours are the same as last month. The department is looking to upgrade their uniforms and asked if the Board would favor payroll deduction. Discussion was held regarding payroll deduction or employee reimbursement for the uniforms. The Board asked Chief Hall to put a proposal together to present to the Board. Ms. Bowers questioned having the firefighters paying for their own uniforms.

Chief Hall presented a late requisition that will not exceed $250.00 for a secure cabinet and hardware to house the incoming server and furnace filters.

Thanks was expressed by Chief Hall to the Parks Department for keeping the main drive open in the old park during recent tree work.

Asst. Chief Brad Winter reported that a former member of the Fire Department had been contacted regarding an outstanding Worker’s Compensation claim by an attorney. The former employee, John Crawford, wants to get rid of this claim and have it closed. The claim may have been in 1992 or 1993. Ms. Bailey will research her records.

The requisition presented for Wolff Brothers is for electrical boxes and plugs that will be needed in the installation of the computer server and equipment. Ms. Bailey reviewed the remaining requisitions for the Fire Department and stated that the appropriations line item for 101-2 Pierce Pumper will need to be increased by $15,000 to pay the bill to Carnegie Repair.

Ms. Bowers moved to increase the permanent appropriations amount for line item 2191-220-323-0018 for 101-2 Pierce Pumper by $15,000.00. Mr. Kehoe seconded the motion. All voting in favor. Motion passes.

Sheriff - Ms. Bowers reported that two of Lafayette’s Deputies were called back to the Sheriff’s Department and the third officer was called back to work in dispatch due to lower seniority. Kevin Rohrer is the new third officer on our roads. The Sheriff has eliminated the position that oversees Sheriff Trustees, who normally help with township clean-up days. He will provide an estimate of the cost to pay an officer to oversee those trustees, which should be no more than $25 an hour. Ms. Bowers has also asked the Sheriff to provide a cost for ditch cleaning done by the litter patrol.

Ms. Bowers provided a spreadsheet detailing the costs for the first three months of 2009 for the Sheriff’s Patrol. The total cost for 2008 was $216,413.00, handling 4,053 calls.

Mr. Butler expressed concern about the township taking on the responsibility of cleaning the ditches. Residents also call to report damage to pipes that is not the responsibility of the township.

Easter Egg Hunt – Ms. Bowers reported that the Trustees scheduled the Annual Easter Egg Hunt for the week before Easter, when normally it has been done the day before Easter. Buckeye Woods is unavailable the week before Easter and no other appropriate venue has been located. Ms. Bowers will check with Lafayette Church to see if they will be sponsoring an Easter Egg hunt as the Board is not interested in changing the day.

Service – Mr. Butler questioned the need for the township sponsoring a Clean-Up Day. Ms. Bowers feels this service should be supported. There will be an additional cost of paying for the supervision of the prisoners this year. Mr. Kehoe feels the available time should be restricted. Discussion was held regarding accepting donations from residents.

Mr. Butler reported a request from a resident on Wagon Trail with a deaf child asking for signage to be posted. The signs are available through the county for approximately $75.00. The board is in agreement for posting of the sign.

Supervisor Dave Figgers reported that the Clean-Up Day was assigned to May 9^th and should have been May 2^nd. Ms. Bailey reminded him the Board had felt May 2^nd was too early and postponed it until May 9^th. Mr. Roy Delaney stated that the vendors may not be available on that day since it is different from years past. The Board agreed to move Clean-Up Day back to May 2^nd, 8am – 3pm. Mr. Butler asked Ms. Shanley to put the information on the website. Mr. Kehoe asked Mr. Figgers to confirm that the vendors can be at Clean-Up Day on May 2^nd.

Mr. Figgers reported that no part-time help was utilized this past month. The Department has used approximately 650 tons of road salt thus far and hoping to not have to use more than 50 tons this coming month. Requisitions have been submitted for repairs for a short on the Peterbilt truck and a door latch and transmission problem on the Ford Tandem. The department will start ditching work on Egypt, utilizing mutual aid with Westfield as well as repair pot holes. Mr. Figgers reported that the fabric on the fences at the ball parks needs to be replaced as well as putting a bottom rail on the first field. Mr. Butler suggested checking with Elyria Fencing for pricing as well as checking the fence at Lion’s Park for any repair.

Mr. Figgers reported the department is looking at the following road maintenance: Deerview – chip and seal; Ballash (from Chippewa south to county line) – wedge and chip and seal; Egypt (from Lance to Carlton) – chip and seal; Five Crossovers on Ballash to be changed before wedging occurs. The total for the three roads is slightly over $42,000.00. The crossovers would be $16,900.00. Most of the crossovers are 35 – 40 feet in length, causing a higher price. Ms. Bowers asked about resurfacing Deerview with a hard surface. Mr. Figgers replied it would be too expensive and is not necessary. The price for the roads would be utilizing limestone. Lytle is the only company bidding for chip and seal projects. Since this is maintenance work, no engineer specs are being requested. Ms. Bowers requests that the engineer look over the bids to see if the costs are consistent with current pricing. The road maintenance will begin as soon as possible. The crossovers on Ballash are requested to be approved and installed before the paving is done.

Mr. Kehoe asked about a bridge on Ballash Road that is in bad shape. Mr. Figgers responded that the head walls are due to salt and the holes are surface holes not going all the way through. They will use hot mix and cold patch to repair these pot holes. Issue 2 funds were denied on this project since it wasn’t in bad enough shape at that time. Ms. Bowers recommends applying for Issue 2 funds on this every year. Ms. Bailey pointed out that the crossover project only has $10,000 appropriated.

Mr. Butler motioned to move $20,000 from Permissive Tax to the line item for Road and Bridge crossovers. Ms. Bowers seconded the motion. All voting in favor. Motion passes.

The new lawnmowers are set to be delivered. Mr. Figgers explained that until the township decides to leave the rollover program it will continue every year.

Mr. Butler would like to get bids on doing the work at the ballparks and the cemeteries to free up time for the service department. The board agrees to allow bids.

Ms. Bowers asked to clarify the motion made for the crossovers. The motion needs to be an appropriation from Road and Bridge and not from Permissive Tax. The Board agrees.

Zoning – Mr. Butler explained that the Trustees were looking for input from the Planning Commission as to what is being presented as a basis for a comprehensive plan at the meeting held March 25, 2009. The input was appreciated and the situation is now in the Trustee’s hands. Ms. Karen Schoonover, Zoning Chair, stated that the Trustees need to decide who needs to sit down with Mr. Arnold, outline some perimeters, and decide what needs to be done to keep this project moving forward. Mr. Butler moved to terminate the contract with Mr. Arnold. The current contract is open-ended and there is months of work yet to be done. A new contract can be negotiated if Mr. Arnold is going to be asked to continue.

Mr. Kehoe has concerns with the contract in that it has gone on for three years and there is still no comprehensive plan. Mr. Kehoe agrees that the contract should be terminated. Mr. Kehoe stated that a conversation he had with Assistant Prosecutor Bill Thorne indicated that this can be discussed with him and that the documents the Trustees have are not complete. Mr. Kehoe feels that the Board should have a discussion with Mr. Arnold to determine his plans and have Mr. Thorne at that meeting as well. Mr. Thorne wants to make sure that the township receives all the documents and materials that have been paid for thus far (charts, paperwork, maps, etc.). The comprehensive plan should be supporting the township’s zoning thoughts for the future. Mr. Kehoe feels that comments about fishing in private ponds should not be in the comprehensive plan. In an email, Mr. Kehoe had stated that this project should be done by August, but now wonders if the time frame should be shortened to three months.

Mr. Butler reported that the last time the committee was called together by Mr. Arnold only three people showed. This is showing a lack of interest. If Mr. Arnold is the man for the job, he would like to have a contract with a time limit and costs imposed.

Ms. Bowers read that the contract states the township trustees may terminate, abandon or suspend the project by notifying in writing within five days prior to such event. However, if it is terminated or abandoned the township would be obligated to cover costs. She recommends giving five days written notice to suspend the contract to stop any accumulation of fees. The letter can state a date for a meeting to determine whether these extra things can be achieved. If not, then the township can terminate. Ms. Bowers feels this would be more consistent in keeping with the dialogue the trustees had with the Zoning Commission.

Ms. Karen Schoonover urged the trustees to consider the suspension and make an effort in the letter to state that the maps and various articles are property of the township and are the vision of the township.

Ms. Nanci Shanley asked what had been paid to date to Mr. Arnold. The Board responded $29,000.00. Ms. Bailey stated that we have been billed for the work done thus far.

Mr. Butler amended his motion to suspend the contract with Mr. Bob Arnold. Ms. Bowers seconded the motion. All in favor. Motion passes. Mr. Butler will send a letter to Mr. Arnold including a date to have a meeting. The Board would like to have Mr. Bill Thorne, the Zoning Board Chairpersons and the Zoning Inspector at the meeting.

Requisitions – Mr. Butler stated that the Service Department has requested a hydraulic thumb for $6,815.00 from Maibach Machinery. This would include installation and freight. Mr. Figgers stated that he had received another quote from South Eastern for $7,218.00 which did not include transportation.

Mr. Butler stated that he instigated the requisition for the buffing of the town hall floors. He felt it would be better and more cost efficient to have a professional come in rather than renting the equipment and having the Service Department do the work. John Lanzer has been contracted to do this work.

Mr. Kehoe moved to approve the requisitions as amended with the additions of the Fire Department requisitions discussed earlier. Ms. Bowers seconded the motion. All voting in favor. Motion passes.

Mr. Figgers asked if contract work is done for grass mowing if that expense would come out of the Service Department budget. The Board stated it would. Mr. Butler stated that this work would only be contracted out if it is cost efficient and would allow the department time to do other work.

Ms. Bailey stated that she has one more “Then and Now” requisition that was received today from the Service Department for a repair on a thermostat and gasket for the backhoe. The motion to approve the requisitions was amended to include this Then and Now by the Board.

Mr. Figgers asked for explanation on the spending limit of $250 and the usage of a Then and Now. The Board explained that the purchase would have to be a Then and Now if the funds were spent before the Board has had the opportunity to approve the appropriation. Mr. Butler stated that if there is an emergency repair needed and Mr. Figgers is unable to get hold of Mr. Butler, Mr. Figgers is to go ahead with the repair.

Community Redevelopment Area Legislation (CRA – Community Reinvestment Area) – Mr. Butler expressed a concern with section 7 and the lack of control that the township maintains. Ms. Bowers explained that there is a statutory makeup of a Board for Appeals. This board would not make decisions but is there to ensure compliance, do reviews and appeals. Mr. Butler would like clarification on this point. Mr. Kehoe feels that all the members of the board should be residents of Lafayette Township since that is who would be impacted by any decisions. Ms. Bowers read the responsibilities of the council as making annual inspections of the property within the district for which an exemption has been granted and the council shall also hear appeals under section 3735.70. The Board discussed the fact that there are two councils: Tax Incentive Review Council and Community Reinvestment Area Housing Council. Mr. Kehoe asked if the township could mandate that people from Lafayette Township be placed on the councils.

Mr. Butler asked Mr. Gary Sills if he was looking at the CRA for his project. Mr. Sills stated that they were not the initiators of this legislation. Ms. Bowers asked if the CRA was preferable over a TIF. Mr. Sills responded that his concerns with a TIF are that any improvements made with TIF money have to utilize prevailing wage. Under the new guidelines, any project in which TIF money is used cause the entire project to be subject to prevailing wage. Mr. Sills feels it would be preferable to have a CRA and he has had discussions with the Economic Development Director to this regard.

The Board would like to table this item for now until discussions can be held with the Prosecutor and Ms. Bethany Dentler. Mr. Butler and Ms. Bowers expressed the possibility of a CRA at Technology Park. Ms. Bowers reported that the discussion was held when the Technology Park was created but one of the County Commissioners was adamantly opposed to it at that time. It is possible that Mr. Hambley may have changed his position on the matter.

Ms. Nanci Shanley stated that she researched the makeup of the CRA councils and since we are unincorporated, the makeup of the council is different from other entities.

Ms. Bowers would like to expand the CRA to include the Technology Park, but it is not the call of the township, rather the call of the County Commissioners. Mr. Butler would also like to pursue a CRA at Technology Park.

Post Audit Recommendations – Ms. Bowers addressed items that have been pending. Ms. Bowers gave Mr. Butler copies of Best Practices in Cash Handling and Best Practices in Sample Cash Handling Policies. Ms. Bowers and Mr. Kehoe had received this material the first time they were recommended to the township. Much of the Cash Handling is not applicable to the township and the township’s policy can be very simple. The Purchasing Policy was recommended in the Performance Audit to be prepared by the Fiscal Officer. This was prepared by the Fiscal Office as well as one currently being worked on by Ms. Shanley. Ms. Bowers recommends looking at the Travel Reimbursement as presented by the Medina County Travel Policy. The Computer and Network Policies were discussed with the Fire Department and Ms. Bowers shared the County’s Policy.

RESOLUTION 15-2009 – A RESOLUTION TO REPAY AN ADVANCE OF $28,000 MADE IN 2002 FROM THE PERMISSIVE MOTOR VEHICLE LICENSE FUND TO THE MOTOR VEHICLE LICENSE TAX FUND. This resolution was recommended by the auditor. Ms. Bowers motioned to accept resolution 15-2009. Mr. Kehoe seconded the motion. All voting in favor of the Resolution 15-2009. Resolution passes.

Permanent Appropriations – Ms. Bailey asked to have the UAN line item changed to $3700 (1000-110-313-0000). Discussion was held regarding the Other-Other line item (110-599-0000). Ms. Bailey explained the reasoning for the Other – Refund line. The increase in the amount for Transfers Out was also explained as the amount that was transferred to Zoning. Ms. Bailey stated that she has added the Computer Support line with a $2,000.00 amount as requested by the Trustees. Mr. Butler stated that he is willing to leave the $11,000 for the Fiscal Officer Assistant with the understanding that it will be used on an as needed basis.

Discussion was held regarding the Fire District Fund. The appropriated budget amount is $3,900.00.

The Board requests that the final copy of the permanent appropriations be marked “Final as of 3/16/09” when placed in their boxes.

Ms. Bowers motioned to accept the Appropriations Budget as presented. Mr. Butler seconded the motion. Ms. Bowers and Mr. Butler voting to approve, Mr. Kehoe voting against. Ms. Bowers asked if the Board could discuss what Mr. Kehoe has concerns about. Mr. Kehoe responded no, it was his choice. When questioned further, Mr. Kehoe stated the Board would discuss it at the appropriate time. Motion passes.

Comments – no comments were made from the audience.

Ms. Bailey reminded the Board that if they intend to attend the Local Government Conference they need to let her know so that reservations can be made.

Ms. Bailey presented a time sheet that she would prefer be utilized by employees without direct supervision. Mr. Kehoe asked about the Fire and Service Department. Ms. Bailey responded that they are supervised and keep track of their time. Mr. Butler will take it under advisement and will handle at his discretion. Ms. Bailey stated the auditor advised having a more descriptive time sheet.

Ms. Bowers motioned to pay the warrants. Mr. Kehoe seconded the motion. All voting in favor. Motion passes.

Meeting adjourned at 9:16 p.m.

Approved: ________________________ ________________________

Lynda Bowers, Trustee

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Donald Butler, Trustee

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Lee Kehoe, Trustee

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Shirley Bailey, Fiscal Officer