Minutes

LAFAYETTE TOWNSHIP BOARD OF TRUSTEES

Regular Meeting

Monday, June 16, 2008

 

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

 

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

 

Mr. Kehoe motioned to move into Executive Session for the purpose of conferencing with the Township attorney concerning disputes involving the township that is subject to pending or imminent court action.  Ms. Bowers seconded the motion.

 

Roll Call Vote:  Bowers – yes, Kehoe – yes, Butler, - yes

 

Mr. Jim O’Connor and Mr. Bill Thorne were invited to join the Executive Session.

 

Executive Session convened at 7:03 p.m.

 

Regular Meeting reconvened at 7:33 p.m.

 

Mr. Kehoe stated that a conversation was held with the township’s attorney from Reminger concerning a potential lawsuit.  A member of the audience asked what the lawsuit was.  Mr. Kehoe replied the lawsuit is concerning Eck vs. Bady and the township is a 3rd party involved. 

 

Minutes:

5/19/08 – Mr. Butler stated that at the last meeting Chief Sheppard stated the hospital did not know the standards that were needed for the life packs.  Chief Sheppard responded that the updates had not been decided upon.  Mr. Butler stated that the minutes reflect Chief Sheppard had said he wanted to see if the units were compatible with the hospital and they were still working on things.  Mr. Butler continued stating that the Chief had indicated that his people can not read the strips.  Chief Sheppard replied that the paramedics can read the strips.  Mr. Butler clarified that Chief Sheppard had stated his people can not read the strips without mentioning the paramedics.  Chief Sheppard responded that he should have added that.  Mr. Butler stated that he had spoken with Dr. Levine and understands that they have given us direction on what the township can do.  Mr. Butler questioned whether the leads that were ordered have done any good or if there is still a problem.  Chief Sheppard responded that he hadn’t heard of any problems since they’ve been repaired.  Chief Sheppard stated that he also had spoken with Dr. Levine, who indicated that he had not spoken with Mr. Butler.  Mr. Butler indicated that he had spoken with Dr. Levine yesterday.  Chief Sheppard responded that it had been the prior week that he had spoken with the Doctor.  Mr. Butler stated that what Chief Sheppard is saying now is not what is reflected in the minutes.  Chief Sheppard stated that the minutes probably don’t reflect as they should.  He did have a discussion with Dr. Levine, who indicated that the hospital is probably six months away from making a decision about telemetry.  He is coordinating with them. 

 

Ms. Bowers asked for clarification – are the minutes incorrect or is the statement made by Chief Sheppard incorrect.  Chief Sheppard stated that he should have explained himself better.

 

Mr. Kehoe suggested putting a note in the prior minutes to reflect that this is not actually what was discussed or should have been further explained.

 

Ms. Bowers stated that the minutes are accurate.  Any further explanation would come into tonight’s minutes. 

 

Ms. Bowers motioned to approve the minutes.  Mr. Butler seconded.  All voting in favor.

 

Correspondence:

 

  • Letter from a resident asking to have the letter read.  Mr. Kehoe stated he will not read the letter.  It is regarding a letter from Medina County Commissioner Steven Hambley that was sent to Trustee Bowers regarding documentation of her educational credits.  Mr. Kehoe stated that based on information he has received there is no basis for any claims or charges of misconduct through the Prosecutor’s Office.  Mr. Kehoe stated that probably most of the people in the township have already received the letter.  The letter is available if anyone would like to read it after the meeting.  It is not a privileged document and is a public record, available in the administration office for review. 

 

Ms. Bowers responded that she had received the letter from Mr. Hambley.  There had been an anonymous letter received by the Commissioners stating that the education Ms. Bowers has listed on the application for NOACA and the County Planning Commission is inaccurate.  This has been proven to not be correct.  Ms. Bowers provided the information to the President of the Board who took it to the other members.  Another of the commissioners had written a different letter to Ms. Bowers.  The letter from the President of the Board had thanked Ms. Bowers for her professionalism and high level of cooperation and apologizing for the inquisition that she had suffered, since the information she had provided was accurate.  Ms. Bowers believes that the letter from Mr. Hambley may have been driven by information that Ms. Bowers inadvertently found out during the course of the inquiry.  Mr. Hambley inadvertently revealed that he possesses personal information, including the Social Security Numbers of thousands of registered voters in Medina County.  Mr. Kehoe stated that this is irrelevant.  Ms. Bowers continued, stating that he expressed great concern about this.  She objected strenuously to the information and asked him to dispose of this information properly.  Ms. Bowers believes this letter may be to divert attention away from that matter.  It is unfortunate that it came up as she had no intention of discussing it publicly, but she did not bring the information up.  It is now public record and the persons who brought Mr. Hambley’s letter to this meeting have required Ms. Bower’s response. 

  • Medina County Commissioners – Resolution #80542 – reappointing a representative for the townships to the Transportation Improvement District.  Mr. Kehoe is the representative.
  • Time Warner – expiring Network listings.
  • Bruce Hotton and wife – regarding the overlay district at the Medina Country Club.  The land is currently zoned 2 acres per unit.
  • Memo regarding Comprehensive Plan revision from Marlene Oiler requesting that the Zoning Commission and BZA receive a copy of the plan for review prior to it being made public.
  • Westfield Group (GROW) – legislative lunch invitation
  • Ohio State Extension Service – Getting Results in Medina County
  • Town and Country Co-Op – information concerning gasoline
  • Medina County Department of Planning Services – application for golf community PUD.  Scheduled for approval at their meeting of 6/4/08.
  • Lafayette Township Zoning Commission – 5/16/08 information sent to the Medina County Department of Planning Services regarding the golf community PUD.
  • Township Association – minutes of February and April.
  • Medina County Business Achievement nomination form
  • Lorain County Engineer – information regarding an Integrating Committee Meeting at 1:00 p.m. on 6/20/08.  They are also requesting survey information to file for grants.
  • Medina Safety Council – meeting 6/17/08
  • Farm Service Agency of the USDA – County committee elections are upcoming
  • Medina County Economic Development Corporation Board of Trustees Meeting – scheduled for 6/19/08.  Minutes of 5/15/08 meeting.

 

Fiscal Reports:

Ms. Bailey stated that Mr. Kehoe had been given the bank reconciliation to review.  Mr. Kehoe stated that he had not reviewed it as yet.  Mr. Kehoe stated that the reconciliation should be delivered directly to the trustee responsible for the month.  Ms. Bailey responded that it had been delivered directly to his mailbox. 

 

Total for the checking account - $719,666.96, investments - $1,585,857.28.  Total - $2,305,524.24. 

 

Ms. Bailey distributed the financials to the Trustees for their signatures. 

 

Ms. Bailey presented a Resolution for the Advancement of Taxes to be Collected.  The forms for the 2nd half of the year need to be submitted soon and signed by Mr. Kehoe.  Mr. Kehoe stated that the resolution would be handled under new business.

 

Requisitions:

Ms. Bailey presented the requisitions. 

            Service             $ 2,520.93

            Fiscal Office     $    769.84

            Zoning              $    649.96 (lateral files)

            Fire/Rescue      $12,179.60

Grand Total                  $16,120.33

 

The Fire and Rescue figure is largely due to the repairs of the Safety Trailer ($5,000), fire hoses ($3456), small hose ($1908), and uniforms (1,025).

 

Mr. Butler questioned spending $650 on lateral files for zoning.  Ms. Bailey replied this was for two file cabinets and their current file is filled.  Mr. Butler stated he had seen filing cabinets in the storage area.  Ms. Bailey replied that they do not hold much and take up more room than the lateral files.  Ms. Karen Schoonover, Zoning Commission Chair, explained that they are in the process of switching files to a new system, where the files will be filed by address as opposed to certificate number.  The lateral files have made access much easier.  The committee has worked diligently on their own time to organize these files.  Ms. Schoonover stated that this filing system has been helpful to the committee as well as to the township.  Mr. Kehoe asked how long it will take to fill up these two file cabinets.  Ms. Schoonover stated it would not take too long.  Ms. Bailey stated that the lateral files are the least expensive ones that Staples has with four drawers, and it includes a discount.  Mr. Butler respectfully requests that in the future more shopping be done to determine a lower price, as he doesn’t consider Staples a discount store. 

 

Ms. Bowers asked to have the $5,000 of repairs on the Safety Trailer explained.  Chief Sheppard stated that there is a leaky roof that has caused inside damage.  There are some items on the list that could be considered optional.  Some of the items are preventative maintenance, some repair, but most is caulking problems, leaking problems, paneling problems, and doorknob problems.  Ms. Bowers stated that the trailer came with a warranty on the roof, why are we paying for these repairs.  Chief Sheppard replied that it did come with a two-year warranty.  The company will pay for the material on the repair but not the labor.  Ms. Bowers asked Chief Sheppard if he had a copy of the warranty.  Chief Sheppard replied he did not, he was not sure where it is at.  Ms. Bowers feels the warranty was for longer than two years.  Chief Sheppard stated he was in the interim when the trailer was purchased.  Chief Sheppard asked Volunteer Firefighter Steve Kile to explain further.  Mr. Kile stated that the roof did have a longer warranty than two years.  The trailer had a structural warranty of two years.  The roof was for 10 or 12 years.  The roof warranty required annual inspections, which were not completed, and voided the warranty.  There are notes of the roof leaking for years without anything done to repair the roof, thus causing structural damage.  Ms. Bowers stated that the first issue would be to get it fixed and the second would be to find out why the township has to pay for this.  Mr. Kehoe stated that the information indicated that the roof sealer must be inspected annual, and gave details of what the inspection should entail.  The manufacturer provided maintenance guidelines that were not followed.  Chief Sheppard stated that there were some additional items on the estimate, such as lights, a TV/DVD, and a few other items that are not part of the maintenance.  The estimate is showing the worst case scenario.  Chief Sheppard stated that while the equipment is being repaired they wanted to have the wheel bearings packed and a few other repairs done.  The siding has also been damaged.  Mr. Butler asked why the trailer was not inspected.  Chief Sheppard replied it was ignorance, he didn’t know better.  It had been stored inside at the fair grounds during the winter.  He doesn’t know much about maintenance of trailers and had not seen the warranty.  Mr. Kile stated that the leak has been known about for 2 to 3 years and had been documented and passed onto the administration without having anything done.  It wasn’t inspected, which is why they knew the warranty existed.  At that point they insisted on indoor storage at the fairgrounds.  The first year was actually outside and the last two years have been inside during the winter.  Mr. Kehoe asked Mr. Kile if with this trailer indoor storage should be acquired for all year.  Mr. Kile replied that in his opinion this is a $45,000 piece of apparatus and should be inside.  The first 3-4 years the trailer was heavily used.  The last two years it has not been used as much across the county.  Mr. Kehoe remarked that the trailer is unique in that it is two-stories. 

 

Chief Sheppard brought up the possible acquisition of the Copley snow plow that had been discussed at the previous meeting.  Mr. Kile has looked over the plow and it has never been used.  An offer would need to be made by tomorrow if we are interested; otherwise it will be put up for auction.  There will be some money that will need to invest for a wiring harness and an undercarriage hookup.  These costs will be approximately $550-$600.  The department would like to offer $1750.00 for the plow.  The entire system would be an investment of under $2500 and the plow is worth approximately $4500.  Mr. Kile inspected the plow and was told that Copley took the plow off of the truck the day they got the truck.  It had been included in the total cost of a state bid truck.  It is a western blade, 7 ½ foot ultra-mount.  Mr. Kile feels that a western blade is superior.  There would be no ground clearance issues.  Mr. Kile stated that Copley would need some type of communication with Lafayette’s board to state the township’s intent. 

 

Mr. Kehoe stated that the requisitions for tonight total $16,120.00.  Mr. Kehoe asked if the hoses being requisitioned were replacements or additions.  Chief Sheppard replied they are both.  The department has been holding off on buying new hose to use up what they have.  Every year there is damage done to the hoses.  There is little spare reserve.  An additional goal is to color-code the hoses, as well as acquire lighter weight hose that is better packed.  Chief Sheppard feels this is something the department should do on a regular basis to upgrade the hoses, which haven’t been done in awhile.  Mr. Kehoe asked if the replaced hose was being discarded.  Chief Sheppard replied that there is hose that is out of service because of damage.  He will provide a list to have it approved for disposal of old hoses. 

 

Ms. Bowers moved to approve the requisitions and Mr. Kehoe seconded the motion.  All voting in favor.

 

Mr. Butler asked Ms. Bailey if she has spoken with Dale Guthman at Charter One.  Ms. Bailey replied that she has received email from his secretary.  Mr. Butler strongly suggested meeting with Mr. Guthman in the near future.  The township has hundreds of thousands of dollars with Star Ohio.  Mr. Butler feels that is the weakest of the financial vehicles the township is using.  Charter One does exceed what Star Ohio is paying on their public money fund.  Ms. Bailey responded that Star Ohio is a safe vehicle for the township.  Mr. Butler replied that the government banking group is also.  He stated that Star Ohio goes through National City.  Ms. Bailey responded that she has received information from Star Ohio and from the auditors that recommend Star Ohio that National City does not really have anything to do with Star Ohio, they just use their name.  Mr. Butler offered that if the township could find better returns for the taxpayers’ money we are obligated to look at those.  Mr. Kehoe stated that he feels the township does need to maximize the township’s income.  Mr. Butler stated that we are talking about millions of dollars and even with low interest rates, that’s a lot of money. 

 

Department Reports:

Mr. Kehoe stated that he has a copy of the Zoning Report, Fire Department Report, and the Service Department Report.  Mr. Butler stated that he found out that the township will no longer be paying the insurance on the deputies’ cars as of March 1st of this year.  Mr. Butler also reported that there had been a break-in at the concession stand at Mann Field.  He is researching as to whether the township is liable, since the parks are not on the insurance policy.  Mr. Butler stated that the township does not have a contract with the ball leagues, so the liability is in question. 

Mr. Butler moved to accept the reports and Ms. Bowers seconded the motion.  All voting in favor.

 

Old Business:

Fire District Information – Mr. Kehoe reported that there have been two or three meetings held.  The parties starting out were Medina Township, Montville Township, and the City of Medina.  They have contracts to share fire service.  They have suggested regionalization to improve services.  A state grant may be available to do a study.  This would not change any of the current service, just provide suggestions and information on how to possibly improve fire service within the townships.  The starting parties have invited other townships to participate in this study.  The study would determine what is happening right now.  If the township chooses to be involved in regionalization or not, that would be our choice.  Mr. Kehoe proposed that Lafayette participate in the regional fire district study to find out if this would be worthy of pursuing.  The possible outcomes are decreased response times, increased efficiency, quality of service, decreased cost, better utilization of services and equipment and regionalization. 

 

A question came from the audience that Chief Sheppard responded to.  Chief Sheppard stated that the township’s ISO rating is 5 for hydrant areas (within 1,000 ft.) and an AB if not within a hydrant area.  This is the same as Medina City.  Ms. Bowers asked Chief Sheppard if this is simply an ability to apply for a large grant for a large number of jurisdictions to get the information and if he supported that.  Chief Sheppard replied that he did support the study.  If the study can be done for relatively no money, even if we would not want to participate in the regionalization, the study itself would be helpful to Lafayette.  He felt that the current parties want a more focused study done for them.  Mr. Kehoe stated that they were told if eight entities participate the grant would cover 100% up to $80,000.  The initial cost for the three entities was going to be $35,000 - $40,000. 

 

Mr. Dave Hollish asked if the study would include whether the township’s taxes would increase if regionalization were to occur.  Mr. Kehoe responded that was way down the road at this time.  If the township doesn’t wish to participate in the regionalization, then the taxes would not be effected. 

 

Mr. Steve Kile also attended the meetings and suggested specifying the second presenter (out of town company) to do the study.  Mr. Kile felt they have a more objectionable study of work.  This company would present the best solution for each entity of the study.  Their goal for determining regionalization would be to determine if it would provide the same service for equal money or provide better service for similar money.  Other than that, it would not be a positive improvement to go with regionalization.  Chief Sheppard agreed that the second presenter would be preferred.  Mr. Kile continued stating that this second company will go through each department individually, looking at their financials and response times.  They will take into account the actual response time as opposed to drawing a circle around a specific area.  They will offer immediate suggestions for each department.  Mr. Kehoe also agreed that this second presenter has better quality.  The first presenter is not from a regionalized area themselves. 

 

Mr. Kehoe motioned to have Lafayette Township participate in a regional fire district study that has been proposed by Montville Township, Medina Township, and the City of Medina with a financial participation for the township not to exceed $1,000.00.  Ms. Bowers seconded the motion.  Mr. Kehoe stated that he will be attending the meetings and would push to have the second company selected.  All voting in favor.

 

Ms. Bowers proposes that the board make a decision to send out requests for proposals for an entity qualified to determine spatial and facility needs for fire and rescue into the next twenty years time frame to prepare and review bids for construction or in the alternative, the township roll back the tax collection for fire and rescue except for the operational costs.  Ms. Bowers feels if the township is not using the tax dollars for the purpose for which it was collected, it should stop being collected.  Mr. Kehoe asked Ms. Bowers if she had someone in mind to submit a bid.  Ms. Bowers replied she did not.  A request for proposals would need to be advertised.  Mr. Kehoe feels this is premature.  Chief Sheppard stated that he has quite a bit of information and has talked with several architectural firms.  Chief Sheppard states that at this point the township should put together a pre-design plan and put our ideas together.  He states that we are in the neighborhood of $10,000 at this time.  Chief Sheppard had some quotes for around $7500, but there are additional costs that are added to that.  This process would not lock the township into an architect; it just locks us into a pre-design.  Ms. Bowers restated that her suggestion is to send out a proposal to proceed with this.  Mr. Kehoe disagreed, stating that Ms. Bowers proposal was to do this or that, an either/or situation.  Ms. Bowers reread her proposal to prepare bids.  She continued stating that if the township is not going to submit for bids, she feels at some point … Mr. Kehoe interrupted and asked Ms. Bowers if that was part of her motion.  Ms. Bowers replied that she is opening this for discussion; it is not a motion at this point.  If Mr. Kehoe would like her to make it a motion she would agree.  Mr. Kehoe stated if that is what she would like to do.  Ms. Bowers stated that she would then make it a motion.  Mr. Kehoe replied that the board was then off the subject, since it was not being discussed.  Ms. Bowers restated the motion to send out for proposals.  Ms. Bowers also stated that she feels the Fire Chief and his liaison would draft the request.  Mr. Butler seconded the motion. 

 

Ms. Karen Schoonover asked for clarification.  On one hand the township is being involved with a study to consider possible regionalization, and on the other hand the township is putting out feelers about either returning money or a possible proposal in the future; but this would not be acted upon.  Ms. Bowers agreed with the statement.  These would be to collect information.  Ms. Schoonover continued stating that at the end of the collection of information the board would make the decision to build the facility or other action.  Ms. Bowers replied that regardless of what happens, it would take an amount of time to receive proposals.  All of this information can be collected simultaneously.  Even if the township decides to regionalize, a new facility would be needed.  Our current facility is not sufficient for current or future needs.  Ms. Bowers again stated that if the facility is not going to be done, then the township should quit collecting the taxes. 

 

Mr. Dave Hollish asked if the county was going to stop collecting taxes if the township did not spend the one and a half million dollars.  Ms. Bowers replied that the county has the ability to roll it back, but she has never seen it done.  Mr. Hollish stated he heard that they were going to do it this year. 

 

Ms. Sue Heiszek stated that she had been at the budget commission hearing where Mary Beth Gunther said if she didn’t see any movement with the money this year, that is what would happen.  Ms. Heiszek stated that the board had been warned to start spending the money.  Ms. Bowers stated that she had a transcript and would bring it in.  Mr. Kehoe stated that there was a motion on the floor and there would not be any arguing. 

 

Mr. Steve Kile stated that he agrees we need to expand the facility.  His reservation is that part of the study is location and size and demographics.  If a proposal is put out, these items need to be considered.  Mr. Kile feels that we would get one study for free and then pay for another.  Ms. Bowers replied that the township may not even get the grant.  Mr. Kile stated that would be July 25th, and have waited this long.  Ms. Bowers stated that nothing would happen before July 25th.  Mr. Kile feels that we are putting the cart before the horse.  Ms. Bowers replied that the requests would not go out until they are brought back to the board.  This would just be getting them prepared and ready to be sent as a first start. 

 

All voting in favor.

 

Resolution 18-2008 - A resolution setting forth compensation and establishing mileage reimbursement for the Lafayette township zoning inspector.  Ms. Bowers reported that one recommendation from the Performance Audit was to employ a professional zoning inspector.  The township has accomplished this task.  When our zoning inspector came on board at the end of 2007, with an increase of $550 a month, the audit showed that amount to be about half of the amount the township’s peers paid.  The zoning inspector has not complained about this, but has requested mileage reimbursement for using her own vehicle.  There was no reimbursement policy in place when she came to the job.  Ms. Bowers feels to continue to ask her to continue to use her vehicle is not fair.  There was no vehicle available for her to use and no provision for reimbursement of a personal vehicle.  Ms. Bowers believes that the two former Zoning Inspectors did a great deal of their work while riding with the Police Chief, which terminated in January 2007.  Shortly thereafter, the trustees received a request for mileage reimbursement from a former zoning inspector.  With no policy in place and no method to verify the mileage requested, the request was denied.  Ms. Bowers states that she is going through this history for a reason: Mr. Butler hasn’t been here and she wants to make sure that he has a full background.  Mr. Kehoe asked Ms. Bowers to get to the point.  Ms. Bowers continued stating that it was determined to wait until the 2008 budgeting was completed, and she feels it is responsible at this time to make a clean decision and have a documented resolution.  Ms. Bowers is proposing to reimburse mileage at the government rate for mileage inside the boundaries of the township, not to and from work, but work performed inside the boundaries of the township, or from the township to county agencies for township business and travel outside the township with prior approval from the trustees.  Since the policy has been to make policies retroactive to the first of the year and this has been pending since before then, she anticipates the effective date would be January 1, 2008, subject to documentation available.  The anticipated expense was budgeted for.  Mr. Kehoe asked Ms. Bowers to read the resolution, which she did.  Ms. Bowers stated that the document she received had a section added to it which reads, “Excluded from this reimbursement is commuting to and from home to workplace in Lafayette Township.  Mileage reimbursement will commence effective _____.”  She does not know where this came from but does not have a problem with it.  Mr. Kehoe stated that it is part of the resolution.  Mr. Kehoe asked when it would become effective.  Ms. Bowers replied her recommendation is January 1, 2008, subject to available documentation.  Mr. Kehoe asked if Ms. Bowers was making a motion.  Ms. Bowers moved to approve Resolution 18-2008.  Mr. Kehoe seconded the motion.  All voting in favor. 

 

Computer Issues - Mr. Butler reported that at the last meeting a request had been received for a new computer that was in the $1100-$1200 range.  Mr. Butler wanted to assure that one was really needed.  Mr. Butler stated that there is an individual in the township who is a Dell certified inspector who works full time for GE.  He is willing to look at our computers for free and determine if they can be cleaned up or if we need to proceed from there.  Mr. Butler turned the discussion over to Ms. Nanci Shanley.  Ms. Shanley stated that this individual lives in the township and would like to work with us to set up back up systems and look over all of our computers to determine their best needs.  This particular computer has viruses that can not be quarantined and removed.  Ms. Shanley feels that he can scrub the computer and reload the software.  There is a records retention issue.  Joy Turpin has been backing up the documents to a removable flash drive.  There may be other files on the computer that Dennis can back up.  The problem would be that if the virus is attached to that file, it would also be accessed when that file is retrieved.  Ms. Shanley will work with this individual to assure the work is followed up on.  She has also found a Plan B for a Dell computer this is less money than was originally discussed.  Mr. Butler motioned to accept the offer of Mr. Dennis Somogyi to help the township with its computer needs.  Ms. Bowers seconded the motion.  All voting in favor.

 

New Business:

Resolution 14-2008 – a resolution waiving the debt owed by the Lafayette township police district to the Lafayette township general fund.  Ms. Bailey summarized the resolution stating that money that had been transferred out of the General Fund to the Police District had caused a co-mingling of funds, which cannot happen.  These two funds are separate entities.  The state auditors have requested that the money be returned to the General Fund.  The amount of money was over $300,000.  After moving the funds back to the General Fund, a negative balance occurred.  This caused a situation with the UAN (bookkeeping) system.  The negative balance is $47,443.96.  Since there is no longer an active police district levy, and the new levy is specifically for the Sheriff Contract, the township is being asked to forgive the debt owned from the police district.  Mr. Kehoe suggested that the 4th Whereas be eliminated, talking about the district could have contracted.  He would also like to eliminate the ending of the last line of the 5th Whereas so that it reads, “to initiate a new levy, or revive an existing levy would only result in the residents of the unincorporated area of Lafayette township paying additional money for the provision of police services already received.”  Ms. Bowers asked Prosecuting Attorney Bill Thorne, since he prepared the resolution, if there would be a problem with changes.  Mr. Thorne stated that the resolution was drafted as an explanation as to what happened.  The verbiage would help to create a paper trail.  Mr. Kehoe asked Mr. Thorne about the letter that was sent to Ms. Bailey.  Mr. Thorne replied it should be a part of the record and he assumed every one had gotten it.  Mr. Kehoe stated that the letter from Mr. Thorne would provide a paper trail and provides various options for the township.  Ms. Bailey read the portions that Mr. Kehoe is asking to remove – “Whereas, the Lafayette Township Police District and Lafayette Township could have contracted for additional police services pursuant to Revised Code 505.43 and 505.55 which would have negated any finding”.  Ms. Bailey asked Mr. Thorne if he would like that part to stay in the resolution.  Mr. Thorne replied that it would be up to the board.  He thought it was relevant as to why the township is forgiving the debt; everyone had assumed they were doing it correctly, but didn’t.  Ms. Bailey read the additional line Mr. Kehoe has asked to eliminate, “and for which the money originally paid could have been utilized”.  Mr. Thorne replied that is his language and has no pride of ownership for it.  Ms. Bowers requested adding the letter to it.  Ms. Bailey asked if Mr. Thorne would be sending the letter.  Mr. Thorne stated that it had already been sent.  Ms. Bowers stated that she felt it was appropriate to waive since the payment and the debt belong to the same taxpayers.  The alternative to waiving is to revive a tax collection to pay the debt off.  It is not the taxpayers’ fault that the money was misused.  Mr. Kehoe asked how, where, and who was the author of the draft copy that Mr. Thorne received.  Mr. Thorne replied that he assumed it was the board.  Ms. Bowers stated that she sent one requesting a draft to waive the debt.  Mr. Thorne sent the current resolution back, which is provided to the trustees.  Ms. Bowers stated that she gave Mr. Thorne, as well as the board, several different resolutions.  Mr. Kehoe stated that if the letter from Mr. Thorne had been provided, it would give the various options and eliminate the “fluff” in the resolution.  Mr. Butler moved to adopt the resolution as so changed, seconded by Ms. Bowers.  All voting in favor.

 

Resolution 22-2008 – a resolution authorizing the fiscal officer of Lafayette township to make a request for advance of taxes collected.  Ms. Bailey reported that twice a year the township has to contact the county auditor for advances of taxes by way of a resolution.  The county auditor sends a form for each collection that must be signed by the president of the board.  These documents need to be returned to the auditor next week to ensure receipt of our tax dollars for the second half of the year.  Ms. Bailey read the resolution.  Ms. Bowers moved to approve the resolution, seconded by Mr. Kehoe.  All voting in favor. 

 

Resolution 19-2008 – a resolution to establish administrative assistant to the trustees position and set compensation thereof.  Mr. Kehoe stated that the board agreed at the last meeting to hire an administrative assistant for the trustees.  They have hired Nanci Shanley.  Mr. Kehoe stated that at that point in time they had talked about the pay and now wants to put it in a form that is easily retrievable.  Mr. Kehoe read the resolution.  The pay will be $15 per hour, not to exceed an average of 25 hours per week.  This will be retroactive to the May 18, 2008 Trustee meeting at which time the position was initially approved.  Section 2 is authorizing the Fiscal Officer to establish an accounting code/line item #1000-110-112-1005 for this purpose.  Mr. Kehoe moved to accept resolution 19-2008.  Mr. Butler seconded the motion.  Ms. Bowers explained that she will abstain from this vote.  She does not object to the position, but has difficulty with some of the tasks that she believes should be trustee responsibilities.  It was not until she received the resolution the previous Friday that she was aware of the hours and compensation.  Ms. Bowers is not sure that was budgeted for.  Mr. Kehoe replied that it was not budgeted for, but at the last meeting’s executive session it was discussed.  Mr. Kehoe and Mr. Butler voted for the resolution.  Ms. Bowers abstained from the vote.

 

Ms. Dianne Wenslow asked if the position was advertised in the paper.  Mr. Kehoe replied it was not, but was advertised.  Ms. Wenslow asked how many people were interviewed for the position.  Mr. Kehoe replied that there were four people that called to speak with him and two people presented an application.

 

Resolution 20-2008 – a resolution to increase part time help for service department.  Mr. Kehoe stated this was his situation.  He reported that the current part time individual works ten hours a week.  Mr. Kehoe proposes increase the hours for the part time work for the following reasons:  1) It currently takes 6 hours to mow Lion’s Park for the girl’s baseball on a weekly basis.  2)  Need to mow and trim the township properties on a weekly basis.  3)  Cemeteries on a weekly basis.  4) Mow Mann Park on a weekly basis.  5) Corner lot needs work (which should take priority).  6) Berms on back of ditches need to be mowed on a consistent basis.  7) Use of prisoners is not an option due to budget cuts.   Mr. Kehoe suggests increasing the time to an as needed basis with a maximum of 25 hours per week.  Ms. Bowers commented that when the budget was reviewed in March, she recommended not to exceed 32 hours within a pay period for this position.  The board budgeted $14,000 less in 2008 for salaries than in 2007.  That still left a discretionary amount in Road and Bridge of $14,000.  She recommended allowing the supervisor to hire the help he felt necessary while staying within his budget.  At that time, Mr. Kehoe and Mr. Butler determined to limit the hours to ten hours per week.  Ms. Bowers is still recommending the same as she did at that time. 

 

Mr. Butler remarked that as a Trustee and a citizen, he is embarrassed when he goes past the corner.  The Town hall and Administration Building are the focal points of the township and should be cleaned up first.  Now mulch is being thrown on top of weeds.  Mr. Butler is not convinced that the township is getting the most effort out of the people that we have.  He would like to see a time management sheet utilized for this department. 

 

Mr. Dave Hollish stated that the performance audit recommended reducing the hours for the service department.  Mr. Hollish did a personal survey of the past few months and felt that the township could get more for its buck.  Mr. Hollish directed his comments to Mr. Roy Delaney stating that they spend a lot of time 2 x 2 on the road, stopping at McDonalds, having coffee for longer than ten minute breaks.  Rumor has it they are lengthy breaks.  Mr. Hollish agreed with Mr. Butler that the township properties are terrible.  He continued asking how long it takes to berm the 26 miles of township roads.  What is the speed of the tractor?  2 miles an hours.  Mr. Hollish feels the township should be down to 1 ½ men.  Ms. Bowers stated that from the time the performance audit was done, the department has been reduced by 1 ½ men.  Mr. Hollish said he does not see the production from the men.  Ms. Bowers stated that she is only addressing the reduction of part time employees.  Mr. Hollish stated that the audit also suggests using the firemen with CDLs for snow plowing.  He asked if a fireman could drive the truck without a CDL.  Chief Sheppard replied once they are certified.  Mr. Hollish asked why that would apply for them taking their time to drive the snow plow in the winter time.  He suggested offering the part time employees some money, without putting them on our health and welfare, as seasonal work.  Mr. Kehoe stated that if they have CDLs they could qualify.  Just because they are a fireman doesn’t mean they would be able to drive the vehicle.  Mr. Hollish continued by repeated a rumor and asking if the men had gotten caught sleeping in the service department by a Sheriff.  Mr. Hollish stated that he has followed the men a few times. 

 

As Mr. Roy Delaney was approaching the microphone, Mr. Kehoe reminded him that we have decorum in the Town hall.  Mr. Delaney stated that Mr. Butler feels the corner is atrocious.  He would not go that far.  He stated that Mr. Figgers has a degree in landscaping.  Mr. Delaney asked if Mr. Hollish personally found the men sleeping.  Mr. Hollish repeated that it was a rumor.  Mr. Kehoe reprimanded the member of the audience.  Mr. Delaney replied that it is not true.  He comes into the office at 6:30 a.m.  There are rumors that certain trustees wanted to have it looked into as to what he was doing at 6:30 in the morning.  Mr. Delaney replied that is his time when he reads the paper.  He remarked that there are burials in the township and he looks through the paper with that in mind.  They do also get cups of coffee and have been at McDonalds.  Mr. Figgers is good at watching the time they are on breaks.  Most people are allowed breaks, they are allowed and paid for a thirty minute lunch and they are grateful for that.  This offsets the winter time when they work very hard.  It is up to the board of trustees if they want to have anyone without a CDL to drive the snow plow trucks.  Mr. Delaney apologized if they don’t get enough done.  The tractor goes 2 mph to do the berms.  With the boom mower, it goes about ¾ of a mph because the machine is very complicated and he is still learning.  It takes a lot of time.  As far as the Town hall is concerned, it was dumped on the Service Department.  He asked the audience if they had noticed the new lights that had been installed.  When the trustees approve for more lights, they will go into the kitchen.  All of this takes time.  He appreciates what Mr. Butler is saying about the corner, but with all the changes, Mr. Figgers has been trying to get the Sheriff’s trustees.  They had 20 man hours out there one day without including Roy and Dave’s time.

 

Mr. Kehoe had motioned to accept the resolution.  Ms. Bowers seconded the motion.  Ms. Bowers asked Mr. Kehoe if he was interested in revising his motion to limit part-time seasonal to the budget that is in place, which is somewhere in the $14,000 range.  This was built in for all year long.  This would also give the department accountability to watch the hours and the budget.  If it reaches the point where it will exceed the budget, then the department would have to justify that amount.  Mr. Kehoe clarified - to authorize the increased use of Service Department part time help not to exceed the current approved budget figures, effective immediately.  Mr. Butler stated that it would be about $13,000 at $10.00 an hour.  Mr. Kehoe asked if Ms. Bowers was stating this would be for the whole year.  Ms. Bowers replied that they had budgeted for the whole year.  There are places within their account to move things around if it becomes a problem toward the end of the year.  Mr. Butler stated that it would average about 25 hours per week.  Ms. Bowers stated she wasn’t sure what has been used so far this year.  Mr. Kehoe amended his motion to authorize increased use of service department part time help not to exceed the current approved budget effective immediately and ending 12/31/08, to stay within the current approved salary appropriation.  Ms. Bowers stated it would be their responsibility to check on that budget.  She continued stating that the amount that was figured into the budget was an average of usage over the prior three years, including when there had been more seasonal hires.  Mr. Kehoe again read the resolution and called for a vote.  All voted in favor.

 

Resolution 21-2008 – a resolution designating the medina county commissioners as fiduciary agent for grant funding of safety upgrades to the Deerview lane rail crossing.  Ms. Bowers reported that this was a housekeeping item.  The Medina County Commissioners Railroad Task Force, Commissioner Geissman, has obtained funding for the improvement of three more rail crossings, one of which is Deerview in Lafayette Township.  This will include cross gates and lights.  These upgrades typically cost between $175,000 - $210,000.  This will be the fourth one upgraded in Lafayette Township.  The township has received about half a million dollars worth of improvement and the township’s portion has only been $7,000.00.  To facilitate the granting, Lafayette Township, Liverpool Township, and one other, have to appoint the County Commissioners as the designated fiduciary to accept and administer the grant funds.  Ms. Bowers motions to accept this resolution.  Mr. Kehoe seconded the motion.  Mr. Kehoe noted that the paperwork had previously been signed.  All voted in favor. 

 

Snow Plow Motion – Mr. Kehoe motioned to offer no more than $2,000 to purchase the Western 7 ½ foot snow plow from the Copley Fire Department.  In addition, Mr. Kehoe would like to authorize the approval of an additional $550.00 to outfit the plow to fit the township’s vehicle.  Mr. Butler seconded the motion.  All voting in favor.  Mr. Kehoe will communicate with the Copley Fire Department. 

 

Two lot splits were presented to the Trustees for their signatures.

 

Tax Budget - Ms. Bowers questioned if the Board would like to instruct the Fiscal Officer on the amount of the percentage to prepare the tax budget.  Mr. Kehoe agreed.  Ms. Bowers moved to instruct the Fiscal Officer to prepare the tax budget with a 1% increase and to increase the Capital Improvement Fund for the Fire District from $750,000 to $1,000,000 and to bring the tax budget back to the board for their approval.  Mr. Kehoe asked why increase the Capital Fund.  Ms. Bowers reasoning was to show where the funds are and what they are intended to be used for.  Mr. Kehoe would like to leave it at $750,000.  Ms. Bowers amended her motion to leave the Capital Fund at $750,000.  Mr. Kehoe seconded the motion.  All voting in favor.  Ms. Bowers reminded the board that once Ms. Bailey prepared this resolution, the Trustees will need to sign off on it to have it filed in time.

 

Public Participation:

Ms. Sue Heiszek – Referring to the minutes of 5/21/08, there is a statement referring to the Police Contract that was signed 8/14/07.  She feels there is an incorrect statement.  The revised contract was written by Allan Michelsen.  Ms. Heiszek believes that the revised contract was written by Ms. Bowers.  Her reason for saying this is that at the end of the 8/14 meeting, Ms. Bowers handed Mr. Michelson a disk of the revised contract.  If he had written it, it would have been the other way around.  Ms. Bowers replied that she handed the disk to every one there.  The changes were made on Ms. Bailey’s computer during the meeting.  Ms. Heiszek disagrees, Ms. Bowers had walked into the meeting with the disk and gave it to Mr. Michelson.  Ms. Bowers does not recall which disk she is referring to.  Ms. Bowers states she did not write the contract.  Ms. Heiszek stated that this brought to mind a conversation that she had with Ms. Bowers several years ago, when Ms. Bowers informed Ms. Heiszek that she had attended law school for two years but decided not to pursue it and stay in real estate.  In referring to the letter that Mr. Hambley wrote, where Ms. Heiszek states that Ms. Bowers falsified her educational credentials, Ms. Heiszek asked if Ms. Bowers has a masters from Kent State University.  Ms. Bowers replied that she completed a three year masters program at Kent State University, an IMC Program, that Mr. Hambley is aware of.  Those documents were presented to the president of Mr. Hambley’s board.  They were also given to the County Prosecutor who took them to him.  Ms. Bowers continued stating that she also has an undergraduate degree from The University of Akron, she is one 400 class short of that master’s degree, she has completed a Negotiation Mediation Certification class certificate program at Harvard Law School, and she has completed numerous courses at The University of Akron, Ohio Southern and many for real estate.  The credentials she listed on the application were accurate.  Ms. Heiszek stated that she is talking about what is listed in the directory.  Ms. Bowers responded that she understands that the Directory from Leadership Medina County shows an MA, which is not accurate.  She does not know how that got in there, and the first opportunity to correct is not until the end of the year.  It just came to her attention in March.  Ms. Bowers continued stating that a Trustee is not required to have any level of education.  The campaign for Trustee was over 2 ½ years ago, and we need to move forward.  Ms. Heiszek stated she is not disputing the qualification for being a Trustee, she is stating that Ms. Bowers has lied.  Ms. Bowers replied she has not lied and will not argue this.  Mr. Hambley concedes that Ms. Bowers did not lie.  Ms. Bowers stated that Mr. Hambley has a problem with information that she found out.  Mr. Kehoe stated that we have heard about this.  Ms. Bowers again stated that her education is exactly as she has put it in her application.  The Leadership Medina County has an error, that will be corrected at the earliest opportunity.  Ms. Heiszek stated that the error was provided by Ms. Bowers.  Ms. Bowers replied it was not.  Mr. Kehoe stated that the conversation is becoming he said – she said and the business needs to move on.  Ms. Heiszek continued by stating to Ms. Bowers that you can’t make a silk purse out of a sow’s ear.  Mr. Kehoe stated this comment was not appropriate.

 

Mr. Jack Blank – asked the Trustees if they had driven down Lance Road.  The railroad tracks at Lance Road are atrocious.  Three or four years ago, when an accident occurred, the railroad dug up the crossing and nothing has been done about it.  He requests that the Trustees write a letter to the railroad.  He questioned if the Trustees were here for the safety of the township.  Ms. Bowers replied that the township had on numerous occasions made inquires of the railroad.  They respond to the township that it has been inspected and nothing needs to be done.  The only thing was last year at Mr. Blank’s request, the township asked for the slow sign and it was put up.  Mr. Blank is requesting to have the Trustees continue asking for repairs to this site.  He asked if the pictures showing the torn up frame have been sent to the railroad.  Ms. Bowers stated she was not aware of that answer.  Mr. Kehoe stated that the railroads are not controlled by the county or the state, but by the federal government.  At times, things move slowly with them. 

 

Mr. Dave Hollish – asked if all of the township vehicles that travel on the road have county license plates, or if there are any with regular license plates.  Ms. Bailey replied that they have county plates.  Mr. Hollish asked whose truck is being stored by the township buildings without a county plate.  The board questioned where this truck is located.  Mr. Hollish stated it is located by the fuel tanks.  The board replied they would look into the matter. 

 

Mr. Jack Heiszek – stated that right-of-ways on most streets are determined by going to the center of the road and go thirty feet either side of the center of the road.  Every mailbox in the township is located within the right-of-way.  Mr. Heiszek comments that the mailbox that Ms. Bowers ran into was in the right-of-way.  Ms. Bowers replied that it was more in the right-of-way than normal.  Mr. Kehoe reprimanded Ms. Bowers.  Mr. Heiszek asked if Ms. Bowers had paid for the mailbox.  Ms. Bowers replied that the property owner replaced it.  Mr. Heiszek stated that every mailbox in the township is in the right-of-way.  Why didn’t Ms. Bowers pay for the mailbox – was she grandstanding?  Ms. Bowers replied that it happens on occasion.  There are approximately 20 – 30 mailboxes taken down a day.  It was not on purpose that the mailbox was taken down.  Mr. Heiszek asked what business she had driving this huge monstrosity of a truck.  Ms. Bowers replied that with the state of Ohio, there are more trustees that do the snow plowing than not.  She suspects if she was a man, this would not be an issue.  She went out with the Service Department.  Mr. Heiszek stated that Ms. Bowers had stated that this mailbox jumped out in the street.  Ms. Bowers replied that the campaign was over 2 ½ years ago.  Mr. Kehoe stated that was enough.  Mr. Heiszek again commented on what makes a right-of-way. 

 

Mr. Butler moved to adjourn, seconded by Mr. Kehoe.

 

Meeting adjourned at 9:36 p.m.

 

Approved:________________________                                ________________________

                                                                                                Lynda Bowers, Trustee

 

 

                                                                                                ________________________

                                                                                                Donald Butler, Trustee

 

 

                                                                                                ________________________

                                                                                                Lee Kehoe, Trustee

 

_________________________________

Shirley Bailey, Fiscal Officer