Minutes
Regular Meeting
Meeting called to
order:
Members Present: Trustee Lee Kehoe, Trustee Lynda Bowers, Trustee Donald Butler, Fiscal Officer Shirley Bailey.
Minutes:
Ms. Sue Heiszek commented that an omission was made in the
Public Participation portion in the conversation with Ms. Heiszek and Ms.
Bowers. Ms. Heiszek would like the
record to reflect that Ms. Bowers stated all the education documents listed in
the minutes were provided to the
Mr. Butler stated that in looking at the transcript, it
states that it came to her attention in March.
He doesn’t recall “March” being mentioned in the minutes. Ms. Bowers stated that she does recall saying
that. Mr. Butler replied it is not on
the tape. Mr. Kehoe clarified that this
is a few sentences further down from the previous one amended on page 13. Ms. Bowers again stated that this information
is accurate and she believes that is what she said. Ms. Heiszek stated from the audience that
“March” is not mentioned, according to her copy of the tape. She read, “Ms. Bowers states I understand
that the Directory for
Ms. Turpin, who transcribes the minutes, stated that she would have no reason to make up information and did not speak with Ms. Bowers. She has not spoken with anyone with regards to any of the corrections mentioned, which have been provided for the past three weeks. The information was in the tape. Ms. Turpin also stated to Ms. Heiszek that in listening to her tape the previous month, she noted that quality is different in what is available over the microphones. Ms. Turpin is able to pick up things with her recording that may not be picked up by Ms. Heiszek’s due to the quality of where it is located. Ms. Turpin offered to cue her tape and have Ms. Heiszek come listen. She again assured the board that it was not made up. Ms. Heiszek replied that she listened to a copy of the tape that had been obtained by Mr. Hollish from the Fiscal Office. Ms. Turpin again stated that she did not make up information and has not spoken with any of the board with regards to this information. She will listen to the tape over and over if she has a question as to what is said to try and pick up the correct information.
Mr. Kehoe asked if Ms. Turpin had used a document provided by Ms. Bowers or the actual tape for the information presented. Ms. Turpin replied that she used the tape. She does not recall seeing a document from Ms. Bowers. It may be with Ms. Bailey, but Ms. Turpin does not have a copy of it. Mr. Kehoe asked if the board would like to delete the line “came to her attention in March”. Mr. Butler stated that he wonders how stuff gets into the minutes if it is not stated. He is not talking about the accuracy, but it seems what is said and what is sent to them are not the same things. Ms. Bowers stated that she believes she made the statement. Mr. Butler again stated if it’s not on the tape, it’s not on the tape. Ms. Bowers stated that she had something written, and believes that she may have read from her writing, which she usually provides to Ms. Bailey. Ms. Bowers stated that Ms. Turpin says it is in the tape, and it is what she believes she said. Ms. Heiszek asked why Ms. Bowers had something prewritten. Ms. Bowers replied that she was prepared for Ms. Heiszek’s statement. Mr. Kehoe suggested tabling the matter since there are two conflicting situations that need to be investigated.
Ms. Bailey commented that Ms. Turpin was on vacation at the time of the meeting and only had the tape to rely on. Ms. Turpin and Ms. Shanley corrected Ms. Bailey to let her know that Ms. Turpin had been at the meeting. Ms. Bailey apologized for the error.
Mr. Kehoe tabled the issue of the
Correspondence:
Mr. Kehoe reviewed the following correspondence.
Ms. Bowers stated that Chippewa Lake Village, Gloria Glens Village and Lafayette Township sent resolutions in support of upgrading the Chippewa Lake Post Office facility. Ms. Bowers received a letter from Ralph Regula. The letter stated that in a report that was compiled in September of 1998, there is no upgrade in the future for this facility.
Ms. Bowers also received a fax on July 11th from the home owners association of Hunter’s Run requesting Children at Play signs be erected. That has been taken care of.
Fiscal Report:
Ms. Bailey presented the report. She asked Mr. Butler if he had the signed copies of the bank reconciliations. Mr. Butler replied he did.
Checking - $ 724,391.40
Investments - 1,585,857.28 Grand Total - $2,310,248.68
Ms. Bailey stated that Mr. Butler at the last meeting had remarked that the township has millions of dollars that we need to find a better rate of growth for. Ms. Bailey clarified that we don’t have millions of dollars; the township has $1,500,000 that are in investments. The $724,000 is working operational funds. The township can look at higher investment rates elsewhere, if the trustees wish, however a depository contract will need to be done. This would need to be advertised for two weeks in the paper to allow any bank or savings & loan to bid on those rates. Then a decision would be made after that time as to the accepted bid, and then that would go to the prosecutor for acceptance and to write up the contract. Ms. Bailey stated that we currently have two depository contracts and may have as many as we want.
Mr. Gene Garbaccio asked from the audience what the banks
pay. Ms. Bailey replied that it varies
on each of the CDs. Star
Ms. Bowers stated that the last time the township advertised
for depository contracts was the beginning of 2006. The statute requires that they be bid every
five years, but we are not limited, it can be done in the interim. One of the current contracts is with
Mr. George Simmon asked if the $1.5 million is federally
insured or is that a separate institute.
With 150 banks scheduled to be closing…
Ms. Bailey replied that $1,141,516.39 is with Charter One, in a
government funded program, and is government safe. Mr. Simmon asked up to how much. He has been reading that the limit is capped
at $100,000 per account. Ms. Bailey
replied that is several CDs. Mr. Simmons
stated that if there are ten different ones, at 100,000 each, then he asked if
they are each insured up to $100,000.
Mr. Butler replied they are not. The
bank will only insure one person up to $100,000. Even with 50 CDs, if it’s over $100,000, it
is not insured. Mr. Simmon asked if the
township is excluded or is there a difference in their funds. Ms. Bailey replied that there is no
difference with Charter One, but the remainder of the funds are with Star
Ohio. Star
Mr. Butler stated that when he came to the board, the
checking account was making .6% in an environment that was paying 3.5 –
4%. It was changed and the township is
now getting 2.99%. The reason Charter
One came into effect is that Mr. Butler went to the county treasurer and asked
him what he was doing with his funds, where was the best place to go. His reply was since the township is limited
to CDs, he recommends Charter One. They
have the best rate in the government fund.
Mr. Butler continued stating that the township is limited to CDs because
education is needed to go beyond that.
There are many other government alternatives available with
certification. As the CD rates fall, the
township will watch its earnings fall.
The government account with Charter One exceeds Star Ohio. Star
Mr. Kehoe reminded that there was a motion on the floor made by Ms. Bowers to put out information for bidding of depository contracts. Mr. Butler seconded the motion. All voting in favor. Mr. Kehoe stated that the township needs to move forward with a posting in the newspaper. Mr. Butler stated that when he went to several banks, they replied that they would not touch it due to it being government money.
Ms. Karen Schoonover asked Mr. Butler about the comment he
made about education and asked him to expound upon that. Mr. Butler replied that his understanding
from Treasurer Burke is that the fiscal officers have the ability to take
classes sponsored by the state. This
would open up other investments for the township. At this point the township has not pursued
this option. Ms. Schoonover then asked
Ms. Bailey if she plans on pursuing these opportunities. Ms. Bailey replied that she had planned on it
until a problem at home arose making it so that she could not. Mr. Butler asked if Ms. Bailey’s problem at
home was solved so that she could take the classes. Ms. Bailey replied that it won’t be
solved. Mr. Butler stated this is a
great disservice to this township when there are options out there, in a bad
economy, and the township can’t take a look at them. Ms. Bailey apologized, but stated her family
and animals come first. Mr. Garbaccio,
from the audience, asked when and where these classes are held. Ms. Bailey replied they are all over, in
Ms. Schoonover stated to the Chairman of the Board, that it should be an equal thing, that everyone should come stand at the mike and identify themselves, keeping it consistent for the whole audience. Mr. Kehoe agreed and apologized, stating it will never happen again.
Ms. Shanley asked if there is a way for the board to repay
Ms. Bailey for the cost of boarding her animal as an expense. Mr. Kehoe replied it could not be done that
way. Mr.
Department Reports:
Mr. Kehoe stated he had received reports from Fire, Service and Zoning. The zoning report had been extensive. Ms. Bowers stated it was $3,400,000 worth.
An application from Jennifer Bastian was received from the fire department. Mr. Kehoe asked Chief Sheppard what position she was applying for. Chief Sheppard replied EMT. Mr. Kehoe said copies would be provided to the other trustees for their review.
Mr. Butler presented the Sheriff’s Report dated
Mr. Gale Norton, speaking from the audience, asked if the
cars belong to
Mr. Butler brought forth an issue he noticed while signing checks. There was a check to Seibert Keck for $1,000 + for insurance on the truck. Has the truck been here uninsured? Mr. Kehoe asked for clarification as to which truck. Ms. Bowers replied, the pickup. Mr. Butler asked if it has been insured. Ms. Bailey replied it is insured. Mr. Butler asked if it has been insured since the township has had it or just since that check was issued. Ms. Bailey replied since we have had the truck. The township had not received a bill. Ms. Bailey reminded Seibert Keck that a bill had not been received and wanted to make sure there was coverage. The company said it was covered. Mr. Kehoe clarified that the truck was covered for insurance even though the payment came later.
Ms. Heiszek asked if another truck was supposed to be sold when that pickup was purchased. Ms. Bowers replied that different methods of selling the truck were discussed. Since that time, it has been determined that the value of it is not high enough. The Service Department requested to hold onto the truck for small snow plowing jobs that wouldn’t allow a lot of damage to the vehicle. Ms. Heiszek asked if insurance was still being carried on that truck. Ms. Bowers replied it was still covered. Ms. Heiszek asked how many trucks the service department has. Ms. Bowers replied that an inventory of the service department is available. Ms. Heiszek stated she would just like to know how many trucks. Mr. Dave Figgers replied there are four trucks. Ms. Bowers said there is the small pickup and the three big ones. One was sold to the park district two years ago for a pretty good price. Ms. Heiszek stated that was when the Peterbilt was purchased.
Mr. Dave Hollish stated that he had asked about the
single-axle truck that is parked in the service area with
Mr. David Figgers, Service Department Supervisor, stated that the truck is his. If the trustees tell him to remove it, he will. It is there to be used if needed. There is a program going with the fire department that will hopefully be able to do driveways faster this year with the senior driveway program. If small trucks are not available, that will not be able to happen. The department is trying to look out for the township citizens. This will allow people to get out for doctor appointments, ambulances to get in to the residents, etc. This is the reason for keeping the small truck. Mr. Figgers stated that it can also be used to pull the trailer to Lion’s Park and the cemeteries. The other truck can be used to haul stone and assist in landscaping. If the township wants to start paying for tools, a sandblast cabinet is about $2,000; a hydraulic hose machine is about $6,000; a press is anywhere from $5,000 - $20,000. Mr. Figgers has personal receipts for his tools and the township has inventory on what is the townships and what isn’t. Mr. Figgers brought in his personal receipts to help Mr. Delaney and himself do the job of inventory easier and faster to benefit the township and the taxpayers. If Mr. Figgers has to take a piece of equipment to a machine shop, it will cost $70-$100 an hour. Mr. Figgers can do it at no cost to the taxpayers. Mr. Figgers stated that he is not out to get something from the township.
Ms. Bowers commented that since the last meeting, there have been several interesting storms, producing flooding and damage in places where it has never occurred before. Ms. Bowers has fielded calls ranging from trees down, dirt and stones in the road, wires down, flooding in both the usual and new places (Chippewa, Ryan, Carsten, Spencer Lake, Lance, Egypt, all state routes), as well as berming problems. Ms. Bowers stated that it is hard for the guys to get to everything all at once, but is aware that they have been out literally sweeping roads and doing on-the-spot berming and repair work. There have been some complaints about other items not being taking care of, but these items were priority. Ms. Bowers spoke to Mr. Blank saying that the service department received the call within a half hour of her receiving it. Mr. Butler and Mr. Kehoe also received the call and the problem was taken care of. Ms. Bowers had been out of the area at the time, but did check her messages. Mr. Blank was speaking from the audience and Mr. Kehoe interrupted and asked if the arguing could stop, reminding that one person at a time should be talking. Ms. Bowers continued saying that there is a lot of repair work and it is being worked on. There currently is an invoice requesting $7,000 of berming materials, which the Service Department will get to as quickly as possible.
Mr. Blank stated that he pays his taxes on time and when he calls a trustee… (Mr. Blank moved to the microphone). He continued stating that the trustees are a direct representative of him. He did not vote for them, but still expects an answer back. He called Ms. Bowers, Mr. Kehoe and Mr. Butler. Mr. Butler is the only one to call back. The gravel was in the road for over 3 or 4 weeks. He sees the Service Department go down the road two by two every day. When a taxpayer has to call and say what’s in the road, it is just a little sad.
Mr. Kehoe stated that by the time he received the message, he thought the situation had been taken care of, therefore would be a moot subject.
Mr. Figgers stated that there had been two different
storms. One had been the end of June and
the other a week or two ago. The road
had been fixed at the end of June and fixed again on Tuesday after the storm on
Thursday. Without counting the weekend,
the gravel was on the road four days, not four weeks. Some of the gravel is left on the road. The fines melt into the asphalt in the hot
weather. This keeps the oil that bleeds
up through the asphalt to a minimum. Mr.
Roy Delaney had been out with a backhoe and put some support pads down. To keep that from pulling up the oil, the
fines were left in the road. If you
drive around, you will find gravel all over.
Mr. Blank stated that he called Ms. Bowers regarding a berming job, telling her that it was the worst berming job he had seen any place. In front of his house, it was four inches higher than the road. Mr. Blank questions how water is going to get into a ditch. When he cuts his grass, the berm is all the way to the middle of his yard where the snow plow had knocked it. On the other side of the road, where it was just fixed, it is eating the road away. Nothing has been touched on it.
Mr. Butler moved to accept the department reports.
Mr. Gene Garbaccio stated that he looked at the road that
Mr. Blank is referring to. He states
that there is water running down the edge of the road and it is undercutting
underneath the tar. The berm is
definitely pitched wrong and the water is not going into the ditch. Erosion is starting to cavitate under the
blacktop. Ms. Bowers stated that she
believes this is a situation that is being addressed. Mr. Butler stated that this same problem
exists on
Mr. Butler again moved to accept the department reports. Ms. Bowers seconded the motion. All voting in favor.
Requisitions:
Ms. Bailey asked if there were any questions regarding the
requisitions. Ms. Bowers commented on a
requisition from the Service Department for a one week rental of a 30-hp
compact backhoe with pickup and delivery.
That is not something that is anticipated to happen today or even in the
next week. The department is making
arrangements and is shopping around to see what they can get. About a year ago, the township was shopping
for equipment that could move monuments and do repair work in the
cemeteries. The best price was
$26,000. Ms. Bowers met with a member of
the Medina Township Service Department.
They have a piece of equipment that fits a backhoe called a monument
mover. It has been loaned out to
Ms. Bailey reviewed the requisitions by department:
Service Department - $11,268.61
Administration - 1,429.29
Zoning - 9.99
Fire & Rescue - 45,759.88
Grand Total $58,467.76
Mr. Kehoe commented that within the Service Department there
is $7,380 for 300 tons of 411 limestone for berming, and 300 tons of #2
limestone as needed. There is also $2500
for a dead tree on Ryan and trimming and removing some trees on
Mr. Kehoe stated that one of the large purchases within the Fire Department was for the two defibrillators, totaling $32,525.41. There are also two lifepack 1000 for $4,368.00. The defibrillators are being purchased under the state bid program. They are about $14,000 each and the additional accessories. Mr. Kehoe states that Prosecuting Attorney Bill Thorne has stated that since this is under $50,000, it does not need to be bid out. The township is moving forward with the purchase of the two defibrillators and the two lifepacks for the engines. There are also miscellaneous items of pump repairs, electrical wiring, and repairs and maintenance to 104-1 of $480. Mr. Butler commented that he is glad to see the defibrillators as this has been a sore point with him. He is glad to be getting them. Mr. Kehoe stated that there is a letter stating that we would be getting them within a short period of time.
Ms. Bowers moved to approve the requisitions. Mr. Butler seconded the motion. All voting in favor.
Old Business:
Fire District –
Mr. Kehoe stated that this fire district study has been proposed by the City of
Mr. Kehoe moved to table the RFP. Mr. Butler seconded the motion. Ms. Bowers stated that it would be proper to withdraw the motion rather than tabling since the motion had previously been approved. Mr. Kehoe amended his motion to withdraw the RFP. Mr. Butler seconded. All voting in favor.
Mr. Kehoe presented Resolution 25-2008 to establish Administrative Assistant to Trustee position and set compensation thereof. He stated that last month this was approved, but it was the incorrect version with the position title and the proper job description attached. Mr. Kehoe read the resolution. Mr. Kehoe motioned to approve the resolution. Mr. Butler seconded the resolution. Ms. Bailey asked to see the resolution to review. Ms. Bailey asked what account they were appropriating out of. Mr. Kehoe replied it was the unencumbered general fund balance. Ms. Bowers pointed out that it should be from the unappropriated amount in the general fund. Ms. Bailey stated that is another salary account that the board is trying to take the money from, and that can’t be done. Mr. Kehoe clarified that this is unappropriated money. Ms. Bowers discussed with Mr. Kehoe that the resolution needs to say “to appropriate $14,400.00 from the unappropriated balance in the general fund to account number 1000-110-112-1005”. Ms. Bailey agreed. The word “transfer” was removed from the original resolution. Mr. Butler and Mr. Kehoe voted in favor of the resolution. Ms. Bowers abstained. Ms. Bowers explained that the last time she abstained due to lack of discussion and information. She received this resolution just before the meeting and notes that there is a new version of the job description attached. She is unsure of the differences and has not had the opportunity to see how the recommendation fits with the performance audit. Ms. Bowers stated that the work Ms. Shanley has done thus far has been very good and Ms. Bowers just wants to be consistent. Mr. Kehoe noted that the resolution still passes.
Mr. Gale Norton, from the audience, asked how the person for the Administration Assistant position was going to be selected. Mr. Kehoe replied that Ms. Nanci Shanley was selected. This resolution was just cleaning things up that were not properly done before. The job had been posted and she was the person chosen.
Roads and Bridges
– Ms. Bowers stated that she had previously talked to the board about doing
road specifications.
Ms. Bowers continued stating that currently
Ms. Schoonover questions the implications of passing a resolution without having islands. Does that remove from the zoning the ability for Planned Unit Developments, if they want an island, to have one through a variance. Ms. Bowers replied that the Engineer’s Office does have a variance procedure. There are some developers who do some developments without concrete and only use asphalt. If they wanted to do that, they can request a variance and it would be up to the township and the zoning commission to make that determination. Mr. Butler asked if the township would be responsible for the island in that situation. Ms. Bowers replied that would need to be looked at then. The township currently has some with a homeowners association and some without.
Ms. Bowers moves to approve the Resolution with
New Business:
Mr. Kehoe read resolution 27-2008 – a resolution to establish part time janitorial position and set compensation thereof. Mr. Kehoe moved to accept resolution 27-2008. Ms. Bowers asked if this was an in-account transfer. Ms. Bailey said it was. Ms. Bowers seconded the motion. Ms. Bowers stated that this was consistent with the finding in the performance audit. All voting in favor.
Ms. Bowers requests of the board that when the board does the budget, they revisit the rental rates to ensure that this position, in relation to the townhall, pay for itself. Mr. Kehoe agrees.
Service Department – Ms. Bowers commented that about a month ago she had invited the board to have a conversation with the Service Department to discuss expectations and concerns. That has not happened thus far. Within the next month, Ms. Bowers will need to have a conversation with the Service Department regarding compensation. This would be an appropriate time for all the board to meet in executive session along with the service department.
Sheriff’s Contract
– Mr. Butler reported that the township has received the amended contract back
from the Prosecutor’s Office with regards to the Sheriff’s Deputies. On page 5, there is a problem. Mr. Butler read, “The township shall be
responsible for insuring it’s vehicles to the same extent the county commissioners
insure county owned sheriff vehicles.
The sheriff and county should be listed as an additional insured on said
policy.” Mr. Butler states that this
does not belong in the contract. Ms.
Bowers asked if Mr. Butler had explained to the Prosecutor what the township’s
arrangement was, as he may not have known.
Mr. Butler assumes that Mr. Thorne did not know. Mr. Butler recommends striking that portion
out of the contract and insert, “As long as the township owns patrol vehicles
used in patrolling the township, township shall lease vehicles to the
county. County shall insure said
vehicles and township shall reimburse county for cost of insurance. At such time the township no longer maintains
it’s patrol vehicles, township shall have the right to enter into an agreement
with the county for the purpose of utilizing vehicles from the county patrol
vehicle pool.” Mr. Kehoe clarified that
the deleted portion would be the entire first statement Mr. Butler read. The second statement from Mr. Butler would be
inserted in its place. Mr. Butler stated
that he had not called the Prosecutor, figuring that there was no sense in
bothering him, since the township would want this line deleted anyhow. Mr. Kehoe presented Resolution 28-2008 – a
resolution to amended agreement for law enforcement services between Lafayette
township and medina county sheriff. Mr.
Ms. Schoonover asked since the board is deleting something that the Prosecutor has recommended, would the board not want the Prosecutor to review the new verbiage to ensure it is legally okay. Mr. Butler replied that this goes back to 2006. It is already in the minutes and the county has already accepted the lease agreement. It is clearly stated that they are insuring the vehicles and there is documentation supporting that. Mr. Butler does not feel that the township is superceding the Prosecutor at all, but feels Mr. Thorne had just thrown that in as an addition.
Mr. Kehoe read the resolution. All voting in favor. Mr. Butler explained that a clean version meant that the original version was here and the Prosecutor merely crossed off the sections that no longer apply to this new agreement.
Old Business (continued) –
Roads - Ms.
Bowers reported that when the Service Department looks at the surface work that
needs to be done, they look at a couple different options. Chip and seal tends to be the least expensive
and also serves to extend the life of the roads. With the work that was done on Coon Club, the
township’s roads are in pretty good shape, other than berming and general
maintenance. The recommendation at this
time is a chip and seal on
Ms. Bowers moves to approve chip and seal project on
Mr. Hollish clarified that
Public Participation:
Mr. Mike Dudas –
has a neighborhood issue. Lives on
Ms. Alliss Strogin, Zoning Inspector, stated that zoning does not have any more power when it comes to noise. She has spoken with this individual. The towers have been permitted, they are ham radio towers. He is aware that people have complained about his drum playing, but doesn’t think it is excessive. Mr. Kehoe asked if the towers could have additional shielding to prevent interference. Ms. Strogin did mention to him the concern by neighbors about the ham radio signals interfering with the TVs and phones. The FCC does regulate that and there are filters available. The neighbor reported that he has offered filters to neighbors and it has eliminated the problem. If there are additional problems, he is not aware of them. As far as listening in on phone conversations, that is not what ham radio is about. A licensed ham operator is allowed to put up towers.
Mr. Dave Hollish asked Ms. Strogin if there was anything in the township that requires the operator to have an FCC license. Ms. Strogin replied that he does have one. Mr. Hollish asked if it was current. Ms. Strogin replied it is until 2015. Mr. Hollish understands, through rumor, that his license was revoked. Ms. Strogin replied that she would have no idea about a previous revoked license – the one he has now is current. Mr. Hollish continued stating that in the computer the FCC may have revoked his license and yet the operator could still be holding a piece of paper that is worthless. Ms. Strogin stated that the license was issued in 2007 and is good until 2015. As long as he holds a valid license, he is entitled to the towers. Mr. Hollish asked if this tower would be a problem to more people. Ms. Strogin replied if it is a problem than the FCC would deal with that.
Ms. Marlene Oiler, Zoning Secretary – sent a memo to the board and to Ms. Schoonover as Zoning Commission Chair dated July 11, 2008 referring to section 604b that says the subdivision plans shall be submitted to and reviewed by the Zoning Commission and Board of Trustees and comments to be submitted back to the Board of Zoning Appeals prior to the decision of the BZA. The BZA meeting is this Wednesday, July 23rd. If the Board of Trustees has any comments that they wish the BZA to consider, please let Ms. Oiler know. If additional time is needed to review the material, Ms. Oiler would also like to know that before Wednesday.
Mr. Gene Garbaccio – When he reads through the zoning regulations, he sees words like “temporary”. What is the definition of “temporary” in the zoning regulations? What is the time limit on a “temporary” structure? Mr. Kehoe replied that he did not have an answer to that. Ms. Bowers replied that this is one of the items on the boards list.
Are the fees for zoning permits cast in stone? Mr. Kehoe replied that they have been approved by the Board of Trustees, but are changeable on an as needed basis if needed. Mr. Garbaccio asked who has the authority to change them. Mr. Kehoe replied the Board of Trustees. Mr. Garbaccio asked if the Zoning Inspector had the authority to change them. Ms. Bowers replied that she has the authority to interpret them, but not change them. Mr. Garbaccio clarified that if there is a permit fee due, the Zoning Inspector should collect it. Ms. Bowers replied that unless the Board has authorized something different. Ms. Bowers asked Mr. Garbaccio if there was a situation he was having a problem with. Mr. Garbaccio replied that he would get to that. He next asked if the Zoning Inspector has the authority to take a situation that is contrary to the zoning regulations and recommend a solution that is contradictory to the zoning regulations. Ms. Bowers replied that the Zoning Inspector has the authority to interpret the code, and that is in fact the responsibility of the Zoning Inspector. Mr. Garbaccio asked if the Zoning Inspector was allowed to make a solution that is contrary to the code. Ms. Bowers replied that without knowing the exact circumstances she is not sure she could give a yes or no. It is a matter of interpretation.
Mr. Garbaccio stated that this issue was brought up in 2006 with junk vehicles. At that time, Ms. Strogin made a statement that one man’s trash is another man’s treasure. Mr. Garbaccio asked Ms. Strogin if she remembered making that statement. She did. Mr. Garbaccio states that Ms. Strogin approached his neighbor, who has these vehicles and junk parts that Ms. Strogin felt was treasure. A fee was not collected. According to the zoning regulations, there is a fee charged for any tent that is over 120 square feet. Mr. Garbaccio stated that Ms. Strogin gave information to this neighbor telling him where a tent could be purchased, to put it in his yard and put his treasure in it. The neighbor, in a deposition, referred to the auto as junk. Mr. Garbaccio continued stating that the word “junk” fits into the township’s zoning regulation 33-04. He wonders why there is the disparity between the neighbor who says what he has is junk and the Zoning Inspector who says the stuff can be moved into a tent, not pay a fee – which is $50 for 120 square feet – for a structure that is 200 square feet and abutted next to a building which is also against the zoning regulations. A tent is supposed to be away from a structure. Mr. Garbaccio referred to photos he has of nothing changing in this matter in 2006, 2007 and thus far in 2008. He is trying to understand what “temporary” really means.
Ms. Bowers stated that this issue between Mr. Garbaccio and his neighbor …Mr. Garbaccio interrupted stating that it is an issue between the zoning regulations not being conformed to and the Zoning Inspector isn’t enforcing the zoning. Ms. Bowers continued stating that the township has spent countless hours with legal council to see what, if anything can be done differently. At this point, Mr. Garbaccio is where he properly needs to be, involved in a lawsuit between himself and the neighbor. Ms. Bowers states that Ms. Strogin has followed everything that the Prosecutor has advised her to do. All letters that Ms. Strogin has sent to the neighbor have been reviewed and approved by the Prosecutor’s Office as well as the letters to Mr. Garbaccio.
Mr. Garbaccio interrupted stating that Ms. Bowers had spoken
enough. He asked Mr. Kehoe if he could
take hold of this issue since Ms. Bowers was babbling. Mr. Kehoe replied that was not a proper
comment. Mr. Garbaccio again stated it
was babble. There is a problem and an
issue regarding the zoning regulations.
He is a taxpayer and is entitled to some protection. Mr. Kehoe replied that if there is an issue,
he will find out what the problem is and it will be resolved. If it needs to go back to the Prosecutor,
then it will be taken back to him. If it
appears that there is a violation of the zoning law, then it needs to be
corrected. Mr. Garbaccio continued
stating that zoning law 33-04 seems to be clear as to where junk vehicles are
to be stored. This junk vehicle has a motor,
no body, four tires and a frame. Mr.
Garbaccio states that Ms. Strogin said it was alright to put it in a tent. The zoning regulations specify that it has to
be in a garage. A carport isn’t a garage
and neither is a tent. According to Mr.
Garbaccio, Ms. Strogin told the neighbor where to buy the tent. Ms. Strogin stated that she did not tell him
where to buy the tent. Mr. Garbaccio
stated that he paid $300 for a deposition and would like to read from it. Ms. Bowers remarked that doesn’t mean it is
true. Mr. Garbaccio stated that if the
guy is a liar, he is calling Ms. Strogin a liar. Mr. Garbaccio read, “What’s the size of the
tent? Ten by twenty.” Your specifications says anything over 120
square feet, you need a fifty dollar permit.
Mr. Kehoe stated that 10 x 20 is 120 square feet. Mr. Garbacchio stated this is 200. 10 x 20 is 200. Mr. Kehoe agreed 10 x 20 is 200. Mr. Garbacchio continued, “Did you pull a
tent permit with
Ms. Bowers asked if Mr. Garbaccio had checked to see when the township adopted those fees. The zoning fees were recently altered and this may not have been in there before. She is not sure, but it might be.
Mr. Garbaccio read, “Commercial, recreational, industrial,
new contract construction structures and uses”.
The word recreational is in it. Temporary
tents over 120 square feet, $50. Ms.
Bowers asked for the date on that document.
Mr. Garbaccio replied it was within the year and he had gotten it from
Ms. Oiler. The date on the document is
Ms. Strogin, Zoning Inspector, stated that as Ms. Bowers had stated, this was not a judgment call on her part. This was very strongly reviewed with the Prosecutor’s Office. The zoning book does read, “shall be stored in enclosed building with permanently attached walls unless proven that such vehicle is actively and continuously being restored.” The opinion of the Prosecutor’s Office was that as long as he is working on it once within a sixty day period, he is entitled to have it there. The pictures that have been supplied to Ms. Strogin, as well as some she took herself, have all been shown to the Prosecutor’s Office, Mr. Thorne personally. Mr. Thorne has advised that what is there is not to be considered junk and it does not violate the township’s zoning laws. At this point, she is sorry, but that was the ruling of the Prosecutor’s Office and she sees no reason how she could overrule him.
Mr. George Simmons - asked if his street wanted to have a block party, what is the process? Ms. Bowers asked what street. He replied it is on Kapok, which is a dead end cul-de-sac. They would like to take from Tucan also to allow for turn arounds. Ms. Bowers replied that Mr. Butler would be able to have the Sheriff’s Department close the road.
Mr. Gene Garbaccio – continuing from where he left off, Mr. Garbaccio read, “There was another structure there and I knew it would need taken down, so I put this up so I could put the junk from the other structure into this”. So he contends that it’s junk and everyone else wants to call it a treasure.
Ms. Sue Heiszek –
requests public records from Ms. Bowers of the documents that were presented to
the
Mr. Dave Hollish
– speaking about the issue with Mr. Garbaccio, Mr. Hollish wanted to clarify
that Ms. Strogin stated the
Mr. Gene Garbaccio – states that this is not the kind of information he is getting from Mr. Thorne. It sounds like some of this information is being made up. Ms. Strogin and Mr. Garbaccio began speaking over one another.
Mr. Kehoe called for order.
Mr. Garbaccio continued stating that he was in an office with Mr. Thorne and Ms. Bowers. He states that Mr. Thorne felt there was room for an injunction against the “crap” that was going on in his yard. Based on what Mr. Thorne was looking at, he could file an injunction. The township dropped the ball.
Mr. Kehoe stated that the problem was not going to be resolved by arguing and that the situation needs to be looked into. He will allow one more comment.
Ms. Strogin - stated that as she told Mr. Garbaccio at a public meeting, his initial request had three different items on it to be addressed. Those three items were addressed. At the time that Mr. Garbaccio is talking about there being a problem and having a conversation with Mr. Thorne, there was a problem. Those problems have been corrected and are no longer. She is talking about now and not two and a half years ago when he first started his comments.
Ms. Bowers started to ask to speak and was cut off by Mr. Kehoe.
Mr. Kehoe called for the meeting to adjourn. Mr. Butler voted in favor.
Meeting adjourned at
Approved:________________________ ________________________
Lynda Bowers, Trustee
________________________
Donald Butler, Trustee
________________________
Lee Kehoe, Trustee
_________________________________
Shirley Bailey, Fiscal Officer