The Lafayette Township Board of Trustees meeting of July 19. 2004 was called to order by Trustee Crawford leading the audience in the Pledge of Allegiance. Roll call was taken with Trustee Bowers, Trustee Crawford and Trustee Young in attendance.

MINUTES TO APPROVE: none

CORRESPONDENCE:

Montville Police: letter of commendation for Lafayette Police officers

Mr. Heilman: letter of complaint regarding noise

Medina Emergency Management Agency: storm damages meeting

City of Medina: letter about Medina Magazine

Trustee Bowers stated that she had received a letter at her home from the Heilmans in early July. In response to the letter, Trustee Bowers said that she sent a letter to the Medina County Prosecutor’s Office setting out the specific facts and believes that the disorderly statute is sufficient to cover the complaint in the letter. She explained that the township officers have indicated that they have problems getting a conviction on the disorderly conduct statute when it is written for loud noise.

Mrs. Heilman read a letter that she received from Senator Ron Amstutz regarding the township’s authority to adopt regulations to control noise that is generated in residential areas in the unincorporated areas of the township. Also, according to ORC 505.17, the county commissioners and township trustees have the authority to regulate passenger car and motorcycle noise on streets and highways under their jurisdiction. Mrs. Heilman explained that the noise level from traffic at the intersection of Columbia and Smith Roads has increased tremendously. They are also having problems with noise created by a neighbor, including loud offensive rap music and engines.

Chief Duncan asked Mrs. Heilman if the noise from some of the motorcycles has lessened any since he spoke with Mr. Jack Chester. Mrs. Heilman replied that it had. Chief Duncan stated that he had asked Mr. Chester to not allow the four wheelers, motorcycles and ATVs on his property after dark, to which Mr. Chester agreed.

Ted Carlton, 6960 Spencer Lake Rd.: told the trustees that the noise from fireworks and motorcycles was terrible in his area and would like to get a noise ordinance put into effect so that something can be done.

Trustee Bowers stated that there are laws on the books but the Police Department tells her that they are getting very little support in prosecuting such offenses. She said that what needs to be done is find out what level of evidence is needed by the judge in Medina Municipal Court in order to get convictions and has sent a letter to the prosecutor’s office to find these things out.

Debbie Gochnour: 6979 Spencer Lake Rd.: had spoken with Chief Duncan about the fireworks at the neighbor’s home and explained that there are parties and loud music on the same property on Spencer Lake Rd. that go on well after midnight.

Officer Larry Covey told the audience that he has been out to the property in question on several occasions. The biggest problem he sees is that the property owner is not from the local area. Officer Covey said that he has gone to some of these complaint calls and has told the property owner that he has to turn the music down, the party is done for the night, and if he gets called back again, the property owner will be cited under the disorderly conduct statute. He explained that the problem with citing the offender is that the 2^nd offense must relate to the same occurrence, not on two different days. In essence, the party can get shut down for one night but start right back up the next and it is considered two separate occurrences, meaning the officer has to warn the offender again before he can cite him.

Officer Covey stated that he would be more than happy to issue citations if the department could get the judge to support them. He won’t issue citations that he will automatically lose. Trustee Crawford asked Officer Covey if the Police Department has the equipment to measure noise levels. Officer Covey said that they do not own the proper equipment. Trustee Bowers stated that the Police Department could invest in such equipment, but it is very expensive. Then there is the matter of getting it calibrated and repaired, etc. She stated that it is difficult to get experts into court to verify the validity of the machine.

Trustee Bowers said that if the officer warns the person responsible for making the noise and that person does not stop such activity, it is her opinion that the person could now be cited for failing to obey the order of a police officer, which is a more serious offense than disorderly conduct. Officer Covey said that he had spoken with the prosecutor on this same matter and was told that the charge would be failure to comply with a "lawful" order of a police officer. If there is no law against making the noise, telling the person to turn it down is not a lawful order, so the failure to comply won’t hold water. Trustee Bowers stated that there is a law to cover it, which would be disorderly conduct. She stated that they need to put the prosecutors and judges on the spot and make them accountable.

Robert Keel: 5096 Columbia Rd.: Concerned that if they call the police and turn the neighbors in the youngest boy next door will do something to their three (3) small dogs. States that talking to the parents doesn’t do any good.

Mrs. Heilman stated that the noise offenders think it is a big joke when the police are called to come out and talk to them about the noise.

Don Beckman: 6900 Spencer Lake Rd.: Didn’t understand why the offenders are not cited after the being warned. Why do the offenses have to be on the same day to be cited? If the offender is warned one day and do it again two (2) days later, why can’t they be cited?

Chief Duncan explained again that the offenses have to occur on the same day. Officer Covey stated that he can enforce laws all day long, but if the citation gets thrown out before he ever gets to court, then it is waste of his time and taxpayer money. He stated that he would be more than willing to issue the citations, but he needs the support of the court to get a conviction.

Trustee Bowers told Mr. Beckman that she has discussed this with Chief Duncan and has told him to go ahead and issue the citation and take the shot in court. She stated that she also spoke with a deputy from the Sheriff’s Department and was told that if the citations are issued and get thrown out of court, it ends up empowering the offender. Trustee Bowers stated that she sits out in the fields with her cows every 4^th of July so that they don’t charge the fences because of the fireworks. She gets blown out of her bed by cars with loud radios as they turn the corner by her house.

Trustee Young suggested that a special meeting be scheduled with the Prosecutor present to discuss the noise issue and see what can be done.

Jim Gochnour: Asked if he had to wait until 11:00 pm to call about the loud noise. Chief Duncan told Mr. Gochnour to call no matter what time it is.

Trustee Young stated that she has the same problem with noise in her area.

Trustee Bowers told the audience that they have the right to the quiet enjoyment of their property and, if the offender(s) can be identified, have the right to sue them in civil court, which is a much tougher step.

Trustee Young asked that everyone give her their names, phone numbers and addresses so that they can be contacted when the special meeting is scheduled. Trustee Bowers will call the Prosecutor’s office to find out when Mr. Thorne can attend. Trustee Crawford stated that the meeting will probably held earlier in the evening.

Officer Covey explained that a big problem he has seen when the residents call the police is that they call the Lafayette station. He is not at the station from 11pm to 5am he is on the road patrolling, not in the office. Officer Covey stated that they need to call the Sheriff’s dispatch number and he will get the call immediately instead of two (2) hours later on the answering machine at the station. Trustee Bowers said that they could also use the 9-1-1 number.

Trustee Young made a motion to accept the monthly department reports as submitted. Seconded by Trustee Bowers. Voting yes: Trustees Bowers, Crawford and Young. Motion carried.

Jack Heiszek had a zoning map lot split that needed signing (Amy Carneal).

Trustee Bowers stated that the trailer that was used as a temporary classroom at Chatham Elementary was not available for the township to purchase, according to Trustee Crawford. She had heard there might be twelve (12) of them available for sale or lease from Highland High School in August when they move into the new school.

Trustee Crawford stated that he thought the township should also add on to the Police Station. Trustee Bowers stated that the police station was built on a levy strictly for the police. She explained that she would like to get the Comprehensive Plan in place before doing any building or adding on.

Trustee Young made a motion to approve the following purchase orders for the Police Department: Busy Bee Muffler, K-9 car - $89.00. Seconded by Trustee Bowers. Voting yes: Trustees Bowers, Crawford and Young. Motion carried.

Trustee Bowers made a motion to accept the resignation of Sergeant Steve Clark as Sergeant on the Lafayette Police Department. Seconded by Trustee Young. Voting yes: Trustees Bowers, Crawford and Young. Motion carried.

Trustee Young explained to the audience that Officer Clark was taking a demotion to Patrol Officer and giving up the Sergeant’s position for personal reasons. He is newly married and has a child on the way. Officer Clark is the K-9 Officer and gets called out at all hours of the day and night, has a lot of hours of dog training to do and doesn’t feel that it is in the best interest of the township and the department to remain in the Sergeant’s position. His resignation is not due to him not being able to do the job; it is strictly a time issue. Officer Clark will remain on the Police Department in the role of K-9 / Patrol Officer.

Trustee Young made a motion to approve the promotion of Officer Larry Covey to Sergeant. Seconded by Trustee Bowers. Voting yes: Trustees Bowers, Crawford and Young. Motion carried.

Trustee Bowers stated that the recommendation of Chief Duncan is to have Officer Clark remain at the same pay and to raise the Sergeant Covey’s pay to $1.50 per hour higher than any patrol officer’s pay. Trustee Young said that Officer Clark’s pay is currently at $16.26 per hour, which would make Sergeant Covey’s pay rate $17.76 per hour. Trustee Bowers stated that when Officer Clark was first appointed Sergeant, the Board had established a very commensurate pay raise. She continued by saying that all of the officers were brought up to a level commensurate across the county. Then they have been given 3-3.5% annual raises. In addition, when the K-9 position was established, there was additional stand-by pay put in. Trustees Young and Crawford stated that the stand-by pay had been eliminated.

Trustee Bowers explained some information that she had come across (from another dog handler – Mr. Crawford): according to the Fair Labor Standards Act, the township is required, as long as the K-9 unit functions as part of the Police Department, to pay the K-9 Officer 4 hours per week overtime pay, or 4 hours of comp time pay. The township is also required to pay for the fence if one is needed. Officer Clark explained that he would give up the extra 4 hours of overtime pay if the Board is willing to keep him at the same pay rate he received as Sergeant. Trustee Bowers stated that what Officer Clark is proposing can not be done. The Board is mandated to pay him the four (4) hours per week overtime and since they haven’t been doing so, it must be made retroactive to the inception of the K-9 position.

Trustee Bowers expressed the concern that pay rates were established and raises given to get the officers to their current levels. Clerk Clevenger stated that when Officer Clark was promoted to Sergeant, he did not receive the pay raise he was supposed to have gotten. Trustee Bowers stated that if these rates are going to be changed, the Board needs to establish a new base Sergeant’s pay.

Trustee Young stated that she felt Officer Clark needs to be classified differently than a regular Patrol Officer since he is on call 24 hrs a day, 7 days a week with the K-9 duties. Trustee Bowers stated that Officer Clark is on an overtime rate when he gets called out for the K-9 unit. Clerk Clevenger stated that he is not on overtime when called out. Trustee Bowers stated that the overtime pay is mandatory. She explained that his hours are either overtime or comp time, but it is mandatory that he be compensated for them at the overtime rate.

Trustee Crawford recommended that a K-9 Officer be compensated at a higher rate than a regular Patrol Officer. Trustee Young agreed. Trustee Bowers told the Board that she has a large packet of information concerning a K-9 Officer and will share it with the other Board members. She will make it available on Tuesday, July 20^th, 2004.

Trustee Young asked Clerk Clevenger if the money was available to make the changes in the payroll that are being recommended. Clerk Clevenger stated that they were available.

Trustee Bowers made a motion to establish the pay rate for a K-9 Officer to be $16.26 per hour effective July 16^th, 2004, regardless of whom that may be. Seconded by Trustee Young. Voting yes: Trustees Bowers, Crawford and Young. Motion carried.

Trustee Bowers made a motion to establish the pay rate for a Sergeant at $17.76 effective July 16^th, 2004. Seconded by Trustee Young. Voting yes: Trustees Bowers, Crawford and Young. Motion carried.

Trustee Bowers discussed the poor condition of the office furniture in the Police Department. She asked the department members if they really wanted to go ahead with this right now since the Board is looking into finding new space for the Clerk’s office and the Zoning inspectors. Sergeant Covey described the furniture he would like to purchase as being portable. If the rooms change, the furniture can be easily moved and expanded. Nothing will have to be done over, just added to or taken away from.

Clerk Clevenger stated that the floor needs replacing also.

Trustee Young explained that the Service Department has slowed down with the mowing and she would like to see the Board utilize Sandy Sailer to paint the Police Department interior. She would like to make sure the painting is done before the floor is replaced and the furniture put in place. Trustee Bowers made a motion to approve $3,599.70 for the purchase office furniture for the Police Department. Seconded by Trustee Young. Voting yes: Trustees Bowers, Crawford and Young. Motion carried.

Chief Duncan is to get estimates for the new flooring and the Service Department is to get estimates on the amount and cost of the paint.

Trustee Bowers told Sergeant Covey to get with Clerk Clevenger to get the proper paperwork done and to make sure the painting and new flooring are done prior to getting the new furniture.

Trustee Young stated that the concealed weapons signs and stickers are all in place in the complex and down at Chippewa. Trustee Young explained that the Board can only control the carrying of concealed weapons inside of buildings, not in the parks and outdoor areas belonging to the township.

Trustee Young told the Board that she received a call from Mr. Robinson, the contractor who did the work on the fencing at Lion’s Club Park. He wants to know why he has not received payment and considers the debt to be 60 days past due. Trustee Young stated that Mr. Robinson is giving the Board until the end of July to make payment or he will be involving his attorney. Trustee Bowers said that’s a good thing.

Trustee Young shared a report (submitted by Dave Figgers) with the other Board members regarding the opinions of three (3) independent contractors who examined work done by Mr. Robinson at Lion’s Park. The contractors are: Nettles Fencing, Dynasty Fence and Medina Fence. The report reiterates that the quality of Mr. Robinson’s work is of the lowest level. Two of the three estimates of the above contractors fall within a few dollars of the amount being charged by Mr. Robinson. Trustee Young asked Trustee Crawford or Trustee Bowers to speak with Mr. Robinson on behalf of the Board since she had not initiated the repairs as she had left that particular meeting early. She felt that she should not be party to the issue. Trustee Bowers stated that it was Trustee Young’s department that is in charge of the park and she could handle it anyway she sees fit. Trustee Young again stated that she did not want to be party to it since she had not initiated any of it. Trustee Bowers took the information and said that she would handle it. Trustee Bowers said that the best place for this matter to be handled is in Small Claims Court.

Trustee Bowers said that it was necessary to establish the value of the workmanship by Mr. Robinson. She asked if the township could at least work with the materials that are down there. Dave Figgers told the Board that he has asked Mr. Robinson twice for a breakdown of the cost of materials and labor but hasn’t received it yet. Trustee Crawford said that even the materials were of inferior quality. Trustee Bowers said that the labor is probably the biggest part of the bill.

Trustee Crawford stated that the new sign put up by the Lion’s Club looks very nice. Trustee Bowers made the comment "now if we could just get that lot mowed in the front." Trustee Young asked who owns the lot in question. Trustee Bowers said that it was Mr. Harris. Trustee Young stated that she could talk to him. Trustee Bowers asked Trustee Young is she would please do so. Trustee Young said that she would be more than happy to do so.

Trustee Young stated that Roy DeLaney investigated the complaint by Mike Savetski that some water basins on Wagon Trail had been cemented over. The report from Mr. DeLaney states that nothing of this sort has been done.

Trustee Young stated that Mr. Lytle (Lytle Construction) had called her and expressed his disappointment in not being awarded the bids for the entire bid package that was submitted by his company. She said that she felt the conversation had ended on a positive note after she explained how the Board had arrived at their award decisions.

Trustee Young stated that Mr. DeLaney received a called from Mr. Lytle on July 19^th, 2004 and stating that he was ready to start the work on Lance and Carsten Rds. Trustee Young advised him that this was not possible as the contracts had not been signed are at the Prosecutor’s office.

Trustee Young said that the no parking signs had not been ordered because no one was sure what was going on with the fines.

Trustee Crawford excused himself from the meeting because of illness.

Trustee Young made a motion to approve the following purchase orders for the Service Department: Valley Truck Sales – electric fuel shutdown solenoid, 2 fuel tank straps, 1 rubber tank protector – Unit ?? - $306.00; 1 pair safety shoes for Dave Figgers – not to exceed $130.00; Frank Bros.: landscaping materials - $1000; shrubs to finish SR 162 & SR 42 - $175; knives for berm mower – $120.40; 20 - 12" X 18" NO PARKING signs @$7.50 ea: $150.00; Non DOT drug screen for Sandy Sailer not to exceed $50; total of purchase orders $1,931.46. Seconded by Trustee Bowers. Voting yes: Trustees Bowers and Young. Motion carried.

Trustee Young tabled 2 applications for the Fire Department because the applicants were not present to be introduced to the Board.

Trustee Young made a motion to approve the following purchase orders for the Fire and Rescue Department: D&G Uniforms - $883.00; D&G Uniforms - $485.00 (part of Chief Sheppard’s uniform allowance); Home Depot – air compressor, air tools and fitting kit - $385.00; Engineering Magazine subscription - $19.95; Reimbursement to Patty Garver for instant glucose and storage bins - $?????; Chuck’s Custom Service: replace the tow bar on the training trailer - $83.38; Rafcom: handheld radio, batteries, pager batteries - $416.50; reimbursement to Chief Sheppard for Dell printer cartridge - $81.00; MCJVS – basic 36 hr firefighter course + books – Stacy - $828.00; total of purchase orders - $3,214.44. Seconded by Trustee Bowers. Voting yes: Trustees Bowers and Young. Motion carried.

Trustee Young stated that the PUCO grant is ready to be sent in for Carlton Road., Deerview Lane and Eastlake Road.

Trustee Young was asked by a firefighter to ask the Board why the fire department had not tossed any candy from the fire apparatus at the Lodi Sweet Corn Festival. The Police Department was allowed to do so, but the Fire and Rescue Department was not. Trustee Bowers stated that the regulations are with the parade sponsors, not the township. She believes that they are still allowed to walk and hand out candy. Trustee Young stated that she couldn’t recall a resolution being passed that addressed the issue. Trustee Bowers stated that the issue is a liability to the township. Jack Blank told the Board that the directive came from former Police Chief Gene Gore, who was concerned about small children jumping into the street and being run over while trying to get the candy.

Trustee Bowers stated that the flag has been down for over a month. Trustee Young told her that the rope was broken and Roy DeLaney didn’t know how they were to get to the top of the pole to fix it. Trustee Young told Mr. DeLaney to get it fixed ASAP. Trustee Bowers stated that the flag is up all of the time, even in inclement weather. It is never flown at half-mast when it should be. She told Trustee Young that she would make it a duty of the Police Department to take care of the flag since there is someone on duty around the clock. She stated that she would inform Chief Duncan of such. Trustee Young made a motion to make it the duty of the Police Department, minus repairs, to take care of the flag at the township complex. Seconded by Trustee Bowers. No vote was taken.

Trustee Bowers told Trustee Young that if Roy DeLaney needs a purchase order to fix the flag pole he should bring it to the special meeting.

Clerk Clevenger stated that Medina County Emergency Management Agency faxed her bill and she has the check cut. Trustee Bowers made a motion to approve the 2004 fees for the Medina County Emergency Management Agency in the amount of $1194.00. Seconded by Trustee Young. Voting yes: Trustees Bowers and Young. Motion carried.

Discussion was held on the township budget for the year 2005. Trustee Bowers made a motion to approve the budget as submitted on July 19^th, 2004. Seconded by Trustee Young. Voting yes: Trustees Bowers and Young. Motion carried.

Mrs. Bailey: Stated that she has a neighbor on Chatham Rd. who shoots off fireworks just about every weekend. This neighbor uses commercial fireworks. The address is 7520 Chatham Rd.

Trustee Young asked Mrs. Bailey for her phone number and explained that the Board was putting a special meeting together with the County Prosecutor to respond to the noise issue. Trustee Bowers told Mrs. Bailey that she was trying to put the meeting together for the same week. Trustee Young told Mrs. Bailey if she couldn’t attend the meeting, she would personally let her know the outcome of the meeting.

Asst. Fire Chief Steve Garver: told the audience that the first Monday of August and September at 7:00 pm they would be testing the weather warning sirens. Trustee Young asked the Clerk to put a notice in the bulletin of the Gazette. Trustee Young will contact the Trading Post.

Eric Lang: 7227 Lake Rd.: stated that 3 doors up from him is an absentee slum landlord. He told the Board that he found a dead rat carcass in his back yard. Mr. Lang wants to know what can be done about this property to get it cleaned up. Trustee Bowers stated that, as a township, the Board can’t do anything about it since there is no housing code. She stated that the Health Department has been out to the property and found the complaints to be false about dirt floors. Trustee Bowers told Mr. Lang that if he can document rats being seen leaving the property, the Health Department can probably do something about it. Mr. Lang told Trustee Bowers that it is not the Trikillis property in question. Mr. Lang stated the house has been empty for about 6-7 months. Trustee Young told Mr. Lang that if it has been vacant for a certain period of time the township can have it declared a nuisance. Trustee Bowers said that the Board can then have it torn down and assess the property taxes for the cost of removal. Trustee Bowers will follow Mr. Lang home after the meeting to determine which property is in question.

Clerk Clevenger asked the Board if she could have some help in the office since JoEtta Hutton will be out for some time. Clerk Clevenger stated that she had her daughter Vicki or Cheryl Neumeyer in mind. Trustee Young told the Clerk to do whatever she needed to do to keep the work caught up. Trustee Bowers told the Clerk to make sure the proper paperwork is done.

Trustee Young made a motion to pay the warrants of the township and adjourn the meeting. Seconded by Trustee Bowers. Voting yes: Trustees Bowers and Young. Motion carried. Meeting adjourned.