Trustee Crawford called the Lafayette Township Board of Trustees meeting of August 16, 2004 to order. Roll
call was taken with Trustee Bowers, Trustee Crawford and Trustee Young in attendance.
MINUTES TO APPROVE
June 21, 2004: Trustee Bowers – page 3, 1st sentence of the 4th paragraph, correct
spelling of McCob Creek is "McCaab." Page 5, under the Medina County Park District where it cites a conflict of interest,
Trustee Bowers would like included that the reason for the potential conflict of interest was that her family is donating
property to the Village of Chippewa Lake with the sale by the Park District. Trustee Young made a motion to accept the
minutes for June 21, 2004, to include the two changes made by Trustee Bowers. Seconded by Trustee Bowers. Voting yes: Trustees
Bowers, Crawford and Young. Motion carried.
July 1, 2004: Trustee Young made a motion to accept the minutes for July 1, 2004 as written. Seconded
by Trustee Bowers. Voting yes: Trustees Bowers, Crawford and Young. Motion carried.
July 19, 2004: Trustee Young made a motion to accept the minutes for July 19, 2004 as written. Seconded
by Trustee Bowers. Voting yes: Trustees Bowers, Crawford and Young. Motion carried.
CORRESPONDENCE
- Letter from FEMA: siren projects
- Notes from Laurel Crossing Association: Thank you letter to Chief Duncan and Fire Department
- Medina County Commissioners: Resolution #04634 – Approving annual assessments for 28 acres in Dover Highlands subdivision
- Zoning Commission: Minutes of July 13, 2004 regular meeting
- Board of Zoning appeals: Public Hearing minutes on August 12, 2004 regarding Unmistakable Premier Homes
- Zoning Commission letter notifying trustees to hold a public hearing regarding the Technology Park PUD
- Letter from Medina Park District: thank you letter to Fire Department for participating in Family Health and Fitness Day
- Medina County Planning Commission: Agenda
- Map Amendment from Planning Services
- Bennington Pointe Homeowner’s Association documentation
- Letter from Bill Thorne: Hiring professional design services
Trustee Young: asked Clerk Clevenger about the piece of correspondence in her packet to Jack Heiszek and
Eric Peterson regarding checks that don’t match and check amounts that are incorrect. Clerk Clevenger stated that she
had forwarded a memo to Eric Peterson about the issue on May 18, 2004 and has yet to get a response from him. She is holding
a check for $228 because there is no match and has other checks that don’t match the zoning fees.
Trustee Bowers stated that she was going to wait to the zoning meeting to discuss it with Eric Peterson.
Trustee Young stated that maybe it is time to schedule a meeting with Mr. Peterson to resolve these issues. Trustee Bowers
thoughts were to meet with the whole department because there is still some old business to clean up. Trustee Bowers stated
that she would like to have the Chairpersons from both zoning boards as well as the trustees to be present. Trustee Young
said that she would also like Trina DeVanney from the Prosecutor’s office there. Trustee Young will send a memo to each
of the invited persons to see what day and time will be best. Once she finds out, she is to let the clerk know so everyone
can be notified of the meeting date and time.
Trustee Crawford announced that there were residents in attendance who wanted to have the trustees sign mylars
to split lots. MaryBeth Guenther asked if they could sign the maps without legal descriptions attached. Trustee Bowers stated
that a legal description was not needed for the trustees to sign. The trustees discussed the map for the Egypt Road property
split because the owner had taken a small strip of frontage only several feet wide and added it to one of the back lots to
make it a front lot. Trustee Bowers stated that although it was legal, it was not at all what was intended by the zoning laws.
She explained that the Zoning Commission needs to change that section of the code as soon as possible. She mentioned that
some property owners have actually gotten enough frontage to create a front lot by combining non-contiguous sections of frontage,
which is also a way to circumvent the zoning code.
Trustee Bowers gave a copy of the map to Mr. Heiszek and told him to open a file on this particular piece
of property because it will come into question in the future.
Mr. Simon came to table with his lot split map and explained what he was doing. Trustee Young explained that
Mr. Simon’s property was in the Medina City Buffer and he was creating a new lot for his parents. The trustees approved
and signed the map.
FINANCIAL REPORT
The clerk gave the financial report.
Clerk Clevenger stated that she had given the trustees the Year to date account statuses as of 08/16/04 of
the unencumbered funds. She would like them to review the balances as some are getting pretty low. Trustee Bowers asked if
supplemental appropriations would be submitted to the trustees. The status reports show amount appropriated, spent, encumbered
and balance unencumbered for each account. Trustee Bowers asked if the balances were only the appropriated amounts. Clerk
Clevenger stated that they were, but if they start appropriating more of the remaining funds, it would certainly affect the
carryover for the following year.
Trustee Bowers asked Clerk Clevenger if she had made the transfer from the General Fund to the Police Department
that was approved for the budget this year. Clerk Clevenger stated that thought budgeted, the funds would not be transferred
unless in a resolution.
Clerk Clevenger explained that there will have to be money moved around in the accounts. This year the township’s
Worker’s Compensation bill has come in and it is $65,000 for this year, much higher than 2003. Trustee Bowers asked
why such a big change. Trustee Young told Trustee Bowers that it was because the township lost the 75% discount. She explained
that is why she has been trying to push the Drug Free Workplace program so they can get into a higher discount category. Trustee
Young stated that there had been an overabundance of funds on the State of Ohio for the BWC. After 9-1-1, the investments
were not as good and the funds dried up. This situation was across the board for everyone, not only Lafayette Township. The
discount is no longer being offered. Trustee Young stated that the only thing against the township at this point is the high
claims the departments have had, with most of them coming from the Fire Department. Unfortunately, the Fire Department will
have to pay most of the bill from its funds as a result.
BWC is pushing the township to get involved in the Ten Step Business Plan. The trustees have already approved
participation in the plan but the training has never been set up and the agreement has not been signed. Trustee Young told
the Board that the representative that she had been working with had left the position and she just found out the new contact.
She wants the plan in effect by the first of 2005.
Clerk Clevenger advised the Board that the township is now eligible to participate in the Ohio Township group
rating pool. She explained that the rates would drop by $41,000 with an administrative fee to Frank Gates $4,600, which is
well worth it. The township is not eligible to join until January of 2005. Trustee Young stated that if they can get the Drug
Free Workplace plan into place by then, the township will save an additional 10-15% on top of the $41,000 savings.
Trustee Young made a motion to enter into the group rating program through Frank Gates, effective January
1, 2005 at a cost of $4,625. Seconded by Trustee Bowers. Voting yes: Trustees Bowers, Crawford and Young. Motion carried.
Clerk Clevenger stated that she had a check from the township’s insurance company in the amount of
$2,280 for the police cruiser that was damaged in an accident. She told the Board that she had discussed the matter with Chief
Duncan. The township has to add another $500 to the check to cover the deductible to get the cruiser repaired. Chief Duncan
had told her at that time he thought he could get some money out of it without repairing it. Chief Duncan stated that he had
made the decision to have the car fixed. The issue was dropped.
Trustee Crawford explained the resolution to put a five-year, .5 (1/2) mill levy on the November ballot for
the construction of a new fire station. Trustee Young asked MaryBeth Guenther, Deputy Auditor for Medina County, what it would
cost the homeowner. Ms. Guenther addressed the audience and stated that the owner of a $100,000 home would pay approximately
$15.76 per year for the levy. She stated that the new values would be in effect and would start collecting in January of 2005.
Clerk Clevenger stated that this millage would raise about $48,400 per year from the township. Chief Jim Sheppard said that
there would be an additional $6,500 from Chippewa Village, bringing the total to $54,900 per year. Trustee Crawford stated
that this new levy money would supplement the money that Chief Sheppard already had allocated for the construction project.
Chief Sheppard addressed the audience and explained that he has saved about $800,000 already and the levy
would generate another $275,000. Chief Sheppard said that he had roughly calculated the project to be approximately $1 million,
but with the increase in costs the longer the township waits to get started, it could possibly rise to about $1.2 million.
He explained that he has been saving money for a few years now, but it has gotten to the point that he is unable to save enough
out of his appropriations to offset the rising construction costs and still maintain a carryover sufficient enough to run
the department. This is the reason for trying to fund the construction with a levy. Chief Sheppard stated that the .5 mill
levy is the least amount he can go with and still get the project completed. He will still be using money from his appropriations,
but in smaller amounts so the department operations don’t suffer. Chief Sheppard explained that the funds from the levy
will be used strictly for the construction of a new station in Lafayette and upgrades to the Chippewa Lake station.
Chief Sheppard explained that the 3.5 mill operating levy that was approved by the voters in 2002 will be
up for renewal in 2007. He stated that he doesn’t want the voters upset with back-to-back levies. This is the reason
for going to the voters now.
Trustee Crawford made a motion to put the levy on the ballot for the November 2004 election. Seconded by
Trustee Young. Voting yes: Trustees Crawford and Young. Voting no: Trustee Bowers. Motion carried. Trustee Young wished
Chief Sheppard and his department luck because money is tough right now.
Trustee Young made a motion to accept the department reports as written. Seconded by Trustee Bowers. Voting
yes: Trustees Bowers, Crawford and Young. Motion carried.
Trustee Young made a motion to approve the following purchase orders for the Service Department: Southeastern
Equipment for -air pre-cleaner bowl for the backhoe - $12.80, Albright’s Lock Shop re-key the shop and cut 5 keys -
$99.50, Home Depot – wallpaper border, primer (5 gals), tile, barn siding - $605.00, Northern Tool & Equip: abrasive
cut-off saw - $202.49; postage reimbursement to Dave Figgers - $6.95; Staples: office chair for Mr. Figgers – not to
exceed $100.00; township clock - $30.00 (to come out of the General Fund); TSC – 100’ nylon rope for flagpole
(to come out of General Fund) - $30.00. Seconded by Trustee Bowers. Voting yes: Trustees Bowers, Crawford and Young. Motion
carried.
Trustee Young advised the service department to prepare separate requiestions for other departments such
as General Fund.
Trustee Bowers would like to have the Police Department in charge of raising and lowering the flag appropriately.
She has obtained the regulations off of the Boy Scouts of America website. Chief Duncan stated that he had also gotten one
from the Ohio State Highway Patrol. A member of the audience asked about the lighting of the flagpole. Trustee Young stated
that when the lighting is done over at the gazebo for the township sign, she would check into having the same thing done with
the flagpole. Trustee Bowers stated that it needed to be addressed and handled appropriately.
Trustee Bowers made a motion to approve the following purchase orders for the Police Department, subject
to Clerk Clevenger certifying the funds: Independence Communication-computer for Chief Duncan’s car (approved previously)-
$2,354.50; Mike’s Lake Auto Body Shop – emergency repair - $63.25; Home Depot – paint for police station
- $203.00; Medina Auto Parts – case oil - $30.00; Mars Electric – 2 cases fluorescent light bulbs & regular
light bulbs-$100.00; Ohio Transport – 2 cases oil filters - $74.40; Medina Auto Parts: 4 headlights (emergency repair)
& car wash powder-$47.87; total of $2,873.02. Seconded by Trustee Young. Voting yes: Trustees Bowers, Crawford and Young.
Motion carried.
Estimates for the new floor tile for the police station came in at: Homestead Carpet - $1537.00, Miller Flooring
- $1890.50, Floor Store in Wadsworth - $2,607.42. Trustee Bowers asked Sergeant Covey if the estimates were all for the same
flooring. Sergeant Covey stated that they were, but Homestead Carpet said that if the old carpet was removed prior to their
work starting, it would save the township $150.
Trustee Bowers made a motion to approve a purchase order for the tile to redo the police station from Homestead
Carpet, to include the carpet removal by Homestead Carpet, in the amount of $1687.00, subject to the Clerk certifying the
funds. Clerk Clevenger certified an amount of $2100 for the floor. Seconded by Trustee Young. Voting yes: Trustees Bowers,
Crawford and Young. Motion carried.
Trustee Young stated that the Service Department met with the Police Department and arrangements were made
for the Service Department to do the painting. Trustee Young reiterated that the painting had to be done before the floor
or the new furniture could be brought in. She stated that arrangements had to be made with the Clerk to get her office furniture
moved and walls painted as well.
Trustee Bowers stated that the Police Department had received a letter of commendation from Captain Baker
of Summit County for their successful participation in a large drug bust. She stated that some people wonder about the cost
of keeping the K-9 dog, but he benefits the township as well as the surrounding law enforcement entities. Captain Baker stated
in his letter that he did not believe they would have had the success in the bust without the help of Officer Clark and Officer
Louis.
Trustee Bowers stated that there was a letter from the Montville Township Police Department thanking the
Lafayette Department for their assistance in securing the crime scene of a homicide investigation.
Trustee Young stated that the recent drug bust in Chippewa Lake should not be forgotten either. Sergeant
Covey told the public that Officer Clark had made a traffic stop where he found a small amount of marijuana on the driver.
Officer Clark and Sergeant Covey talked the driver into giving them information that led to a search warrant. He stated that
he woke up the judge in the wee hours of the morning to get the search warrant because there was information that the person
had a stash of loaded guns in the house. With the help of the Medina County Sheriff’s Department, they entered the house,
arrested two persons, seized about 2 pounds of marijuana, drug packaging equipment, 7-8 shotguns, a loaded 25 caliber handgun
that the person was sleeping with and around $4,000 in cash.
Sergeant Covey stated that upon entering the premises, the defendant was reaching for his handgun. Since
posting bond, the defendant has put his house up for sale.
Trustee Bowers stated that the township is entitled to some of the proceeds from the seizure. Sergeant Covey
said that he believed the split was 80% to the township and 20% to the Sheriff’s Department since they assisted. Sergeant
Covey explained that if they can prove that the home and the vehicles were used in the commission of the drug crimes, these
items could also be seized and sold.
Trustee Crawford made a motion to approve the following purchase orders for the Fire and Rescue Department:
Fire Force, Inc. – ranger ridge park brush pumps - $870.00; Fire Truck Specialties – pump repair $382.50; equipment
for EMS - $2,819.40; storage racks - $620.00; Fire Truck Specialties – pump-$1,640.00; service contract for life packs
- $175.00; EMP Medical Prods – supplies-$27.11; Tri-C Training - $1200.00 (2-120 hr firefighter course for MaryAnn Scheiman,
Bill Burgess); Bench test SCBA gear - $1375; Training at Wayne Co.- $280.00; Tri-C Training-$3571.50 (6 persons for 130-hr
intermediate EMS training- P. Garver, S. Sheldon, Gary Werth, John Surrel ???, Jeff Hall, Diane Werth, H. Smitley); EMP Medical
Prods- supplies-$202.08; Boundtree – supplies-$560.00; Ohio Oil and Gas – Training-$350.00; Emergency Medical
Supplies- $243.51; 10 fire signs-$240.10; total of $14,556.20. Seconded by Trustee Young. Voting yes: Trustees Bowers, Crawford
and Young. Motion carried.
Trustee Young made a motion to accept the following purchase orders for the Clerk’s office: storage
boxes, printer cartridges, file cabinets and box of clips for a total of $720.00. Seconded by Trustee Crawford. Voting yes:
Trustees Bowers, Crawford and Young. Motion carried.
OLD BUSINESS
Trustee Young stated that Trustee Bowers had contacted her in regard to the PUCO grant application. Trustee
Bowers told her that she had been contacted by George Martin who stated that the application was missing the estimates for
improvements. Trustee Young stated that she and the Clerk looked over the letter thoroughly and did not find anywhere that
it requested estimates. Trustee Bowers stated that George Martin reiterated that the grant presentation was great, but he
needs to know what improvements are to be made and at what cost. She stated that Mark Hartman could do the cost estimates.
Trustee Bowers stated that the PUCO grants come with "hard matches" and the township would be required to contribute. She
stated that Kokosing could also do the estimates .
Trustee Young said the NO PARKING signs are in but they are not installed yet. and asked the Board if everything
was in place so the signs could be installed. Trustee Bowers stated that everything has been passed but the collection wasn’t
in place. She said that they were still waiting on the question of towing because they think that’s a better way to
go.
Trustee Young brought up the repairs to the Lion’s Park. She asked Trustee Bowers if she had gotten
anywhere with Mr. Robinson, who is demanding payment for the work he performed. Trustee Bowers stated that at the last meeting,
Mr. Figgers stated that he had asked for a breakdown of Mr. Robinson’s bill and, until Mr. Robinson provides that to
the Board, the Board should do nothing. Trustee Young asked Trustee Bowers if she was comfortable with just waiting it out.
Trustee Bowers replied that if Mr. Robinson wants to go to Small Claims Court, she agrees that that would be a good place
to go. She stated that this is what the trustees had agreed to at the last meeting.
The clerk received another bill from Mr. Robinson, which stated that the bill was 60 days past due. Trustee
Bowers asked the Clerk to send him a letter telling him that the trustees are waiting on the breakdown of labor and materials.
The Clerk agreed to do so.
Mr. Tom Lewis from Southeastern Equipment had supplied the department with a demonstrator backhoe that had
an extended boom on it. With the extended boom, the guys were able to reach the deep parts of the ditch and clean them out
properly.
Trustee Young stated that the Service Department is looking at leasing a new machine, which she will bring
up the first of the year. Trustee Bowers asked if the current backhoe in use had been rolled over recently. Trustee Young
confirmed that it had, but the only thing lost was a cell phone. The tractor itself and the operator were both fine. All that
had to be done was to pound out a dent or two on the backhoe.
Trustee Young explained that the current tractor is fourteen (14) years old and the Board paid $33,000 for
it when they purchased it new. Mr. Lewis is willing to give the Board $11,000 toward the lease of a new one. Trustee Bowers
stated that there might not be a reason to wait until next year if the money is there and it is a monthly muni lease. Trustee
Young stated that it is a lump sum, yearly lease payable at the first if each year for five years.
Mark Albrecht asked if the state bid was still intact. Ed Neumeyer answered that Southeast was required to
offer the lowest bid. Trustee Bowers stated that it is intact. Mr. Albrecht asked if Mr. Lewis is doing that. Trustee Young
stated that he was. Mark Albrecht asked what the price of the brand new backhoe would be at state bid. Roy DeLaney said that
it is $68,000 approximately, with the trade-in. It is a 590 model with all the stuff on it. Trustee Crawford asked if the
shovel on the new piece of equipment was larger. Dave Figgers stated it is. Trustee Young stated that the major problem the
township has had with digging ditches is that the majority of the ditches are deep and the present backhoe cannot reach deep
enough to clean them properly. That is why they have had to keep hiring the ditch cleaning out and they can’t afford
to do so anymore. Trustee Young said that Mr. DeLaney had told her that the ditches in the township have not been cleaned
out in over nine (9) years. Trustee Bowers asked if Lafayette Township couldn’t partner with another township to purchase
the equipment. Trustee Young said that they had discussed this approach however it wasn’t a good idea because both entities
would inevitably need the backhoe at the same time. It is a frequently used piece of equipment and that is how they load the
salt in the trucks during the winter.
Mark Albrecht stated that $11,000 is about half of what the trade-in should be for the current backhoe. He
said that the Board might want to consider selling the machine outright instead of trading it in. Mr. Figgers stated that
in order to do that, it would have to be put in the paper and the Board would have to take sealed bids or whatever. He said
this method is fine, but it has to get done in a timely fashion. The Board can’t drag their feet on it. Trustee Young
stated that she just wanted to make the Board aware of the fact that the Service Department is considering this. There is
plenty of time to do the final steps before purchasing, she just wanted to make the Board aware of the future possibility
of a new machine.
Trustee Young stated that she had gotten permission from the owners of the lot at Chippewa Lion’s Park
to make arrangements to have it mowed. She hasn’t been able to do so yet because she doesn’t have the name(s)
of the persons to contact. Trustee Bowers stated that there is no complaint about the unmowed lot, just a passing comment
was made about it. She stated that she had spoken with the person(s) who had made the comment and they are now concerned that
it has been called a "complaint" and they no longer want any part of it. Trustee Young asked if that meant they weren’t
interested in mowing it any longer. Trustee Bowers reiterated that they don’t want to be involved in it in any fashion.
Trustee Young stated that it was never made an issue that it was a complaint; they were just looking for permission to mow
it and the Harrises have no problem with them to mow. Trustee Bowers stated it was our sign and we should just take a work
day and go down and mow it. Trustee Bowers then volunteered to do it herself. Trustee Young stated that she had permission
from the Harrises to have it mowed by whomever. Trustee Bowers stated that the township has the ability to mow it because
it is the township’s park and the township’s sign and it’s the lot that house the township’s sign
and it’s the sign that looks really bad. Clerk Clevenger stated that it is not the township’s sign. Trustee Young
asked how long it would take the Service Department to mow it while they were down there doing Lion’s Park. Dave Figgers
stated that it would take awhile the first time since it is so grown up, but after that it wouldn’t take long at all.
He then stated that the Board should figure out a dollar amount to mow it since it is a private lot and add it to the property
owner’s taxes. Trustee Young told Mr. Figgers that she wasn’t asking the Service Department to do anything about
it. Trustee Bowers suggested that a few of them get together and go mow it. Trustee Young stated that she was told by Trustee
Bowers that someone was willing to mow the lot. She took that statement to the Harrises, who agreed to let her make the arrangements
to have it done. Trustee Young reiterated that Trustee Bowers would not tell her who the "someone" is who was willing to mow
the lot and now that "someone" is no longer interested in doing so. Trustee Young stated that she made the effort to contact
the property owner and get permission to make the arrangements. Now no one wants to cooperate. The property owner doesn’t
have the time. Trustee Crawford stated that it should be weed whacked around and let it go at that. Trustee Bowers stated
that she would ask the "someone" again, but she wanted to make it clear that it was not a "complaint."
Trustee Young stated that at the meeting of July 23, 2004, Mr. DeLaney chose to put his family first and
step down as supervisor of the Service Department. This change went into effect on August 1, 2004. At Mr. DeLaney’s
recommendation, Mr. Figgers was promoted to supervisor. The Board was comfortable making that switch. The Board commends Mr.
DeLaney on making his decision to put his family first. Trustee Young stated that she did not want any rumors going around
the township in regards to this matter. The switch was Mr. DeLaney’s choice and he is still with the department in a
different capacity. Nothing has changed other than the title.
Trustee Bowers stated that she had looked into the possibility of purchasing one of the trailers that Highland
Schools has for sale. They are a number of them left and they are being sold for $12,000 each. She said that if the township
is interested, Highland will sell it for $8,000. The trailer measures 60’ x 24’, which Trustee Bowers stated is
more than sufficient to house the zoning and the Clerk. The Board would have to look into how to hook it up, etc. The Board
may go look at the trailer during the day between 8:00 am and 3:30 pm. Trustee Bowers stated that she would be looking at
one on August 17, 2004 if anyone would like to go with her. Trustee Young stated that she would like to see it, but she had
to work. She asked if there was a possibility to go on Friday instead. Trustee Bowers said that she would set the meeting
up for Friday at 2 pm. Trustee Bowers stated that she priced them new and they run about $60,000.
Trustee Bowers stated that there has been some discussion on the zoning forms and they need some attention.
She stated that some of them are not appropriate for handling the current problems. Trustee Bowers stated that she had given
Trustees Crawford and Young copies of the amendment application for review and has not received any feedback. She also has
a new proposed form for the conditional zoning certificate, zoning variance and zoning certificate. Trustee Bowers stated
that the only changes are the addition of sketches, setbacks, dimensions and heights. She asked the Board to look the forms
over and she will send them to the zoning boards for feedback. Then the Board could make a decision on them as a package.
Trustee Bowers stated that the other thing that needed to be done was to put the code sections on the forms
that actually authorize each one of the forms. The code sections are required to be on the forms and they are mostly 519.16.
She has also put a place on the form for a receipt. At the end of each form Trustee Bowers added a section for tracking what
has been done and the rejection reason if there is one. Trustee Bowers asked the Board to go over the forms and get back to
her with changes.
Trustee Bowers asked if there had been a date set yet for the Lafayette School retirement. Trustee Crawford
stated there had not. He had tried to reach the person prior to the meeting but was unable to do so. Trustee Young told the
Board that the park was ready. Trustee Bowers stated that she had two meetings scheduled with some of the people who were
trying to set this up, but neither one happened.
Trustee Bowers stated that she had asked the Clerk for the affidavits for publication for the zoning. What
she believes is happening is there is confusion as to when a publication is needed and when it is not. Trustee Bowers said
that when it is a mandatory publication, there are certain things that are required to be in the publication and that has
not been happening.
Trustee Bowers stated that she had received the recommendation from the Zoning Commission on the PUD text.
She stated that it should have been in the packets but was not, although it showed that it was copied to the Clerk and Trustee
Crawford. Trustee Bowers stated that a public hearing had to be set as they only had thirty days to do that. Trustee Bowers
stated that she had made twenty (20) copies of the text and was sending it out to all of those people who had regularly attended
the meetings on the tech park. She said that this public hearing would be the last meeting for the public to voice comments
and concerns. Trustee Bowers stated that the meeting should be set up separate from others so there is proper time for the
public to address the issues. Trustee Bowers said that she would like to schedule the meeting for August 30, 2004 and she
has already prepared a publication notice. There are a lot of things that need to be in the publication and she has all of
that ready to go. She stated that she also prepared a publication requirement for the Gazette and asked that the billing and
the affidavit be returned to the Clerk’s office with a fax receipt so that the Board can prove that it has been done.
Clerk Clevenger stated that she needs copies of whatever Trustee Bowers has.
Mr. Jack Blank asked if Trustee Bowers sends in the publication, does that mean that Sherrie Sutton doesn’t
have to do it.
Trustee Young stated that the Board would be taking care of it. Clerk Clevenger stated that Sherrie Sutton
always notifies the Gazette. Trustee Bowers stated that there has been nothing done on this publication yet, she is just proposing
that the Board of Trustees does it.
Mr. Blank stated that Sherrie Sutton always gets blamed when things happen and he wants to make sure that
this won’t happen if the Board is supposed to take care of it.
Trustee Bowers stated that there is also a requirement that the documents be on file at a place for public
inspection for ten (10) days and she has set this up at the Medina Public Library. Trustee Bowers stated that she would make
sure the documents get to the library. Clerk Clevenger stated that there needs to be a copy in the Clerk’s office and
in Sherrie Sutton’s office as well. Clerk Clevenger stated that there also has to be a copy of the publication in the
places designated by the Board for meeting. Trustee Bowers stated that what Clerk Clevenger was speaking of are the township
rules and that the Board needs to follow the statutory rules. Clerk Clevenger reiterated that the Board must follow the rules
it adopts because those rules encompass the statutory rules plus the additional rules set by the Board which supersede all
others.
Trustees Crawford and Young suggested that the meeting be held on September 1, 2004 at 7:00 pm. Trustee Bowers
and the Clerk agreed. Trustee Young told Trustee Bowers to fill in the correct date on the publications and give them to the
Clerk so she can get them faxed and get the fax receipt. Trustee Bowers agreed to do so.
Trustee Bowers told Clerk Clevenger that it is also a requirement that all of the contiguous property owners
be notified of the public hearing. Clerk Clevenger told Trustee Bowers that it was fine if she did so along with the packets
she was sending out. The Clerk stated that she needs a record prior to the public hearing of whatever Trustee Bowers sends
out. Trustee Bowers agreed to send the Clerk the records. Trustee Bowers provided the clerk with her advertising notice. Trustee
Bowers told Clerk Clevenger that if there were any changes to be made, she should email Trustee Bowers and she would email
her back the file.
Clerk Clevenger gave Trustee Bowers the packet of affidavits of all publications in the Medina Gazette.
NEW BUSINESS
Trustee Young read a letter of commendation from the Fire Department for Dave Figgers, who had assisted the
department in controlling and putting out a barn fire. Trustee Young asked the Clerk to give Dave Figgers a copy of the letter
and put the original in his personnel file.
Trustee Young explained the new form for work orders when there is work requested to be done by the Service
Department. Anyone who has a need for maintenance, etc., should fill out a work order and give it to either Roy DeLaney or
Dave Figgers. She passed out the forms to the department heads.
Trustee Young told Dave Figgers that there needed to be a vent put in the door of the file storage closet
in the town hall. Mr. Figgers stated that the Service Department does not have a saw to cut through the steel door. Clerk
Clevenger stated that the room is moldy and has mouse droppings all over. Trustee Bowers stated that the trailer has air conditioning.
Clerk Clevenger stated she would find someone to do it. Dave Figgers told the trustees that he needed a SawzAll to do the
job. Trustee Young made a motion for the Service Department to purchase a SawzAll in an amount not to exceed $125.00. Seconded
by Trustee Crawford. Voting yes: Trustees Bowers, Crawford and Young. Motion carried.
Clerk Clevenger asked when she could get the vent in the door done. Trustee Young told her to fill out a
work order and turn it in. Trustee Young made a motion that all future department repairs be done under a work order requisition.
Seconded by Trustee Crawford. Voting yes: Trustees Bowers, Crawford and Young. Motion carried.
Trustee Young stated that what people in the township need to understand is that the Service Department has
a multitude of things to do and they will be more than happy to do what needs to be done. But there must be a work order filled
out and the department must be given a reasonable amount of time to complete the work.
Trustee Young told the Board that she had found some information on abandoned cars. She stated that there
are programs by the Lung Association, Salvation Army and others where they come and remove the cars. Trustee Bowers stated
that the problem is when the owner of these junk vehicles don’t think they are abandoned.
Trustee Young brought a policy to the Board to regulate the parks since the township has charge of them now.
The information gathered included bylaws for the parks, which is required under the ORC 511.32. Trustee Young asked the Board
members to look over the bylaws and be ready to discuss any changes, at the next meeting. Trustee Young stated that the items
highlighted in blue are the items that really need to be reviewed.
Trustee Crawford asked Clerk Clevenger to make sure whatever correspondence she receives on the Tech Park
is forwarded to the County Commissioners.
PUBLIC PARTICIPATION
Mary Albrecht asked about the cemetery lots. Clerk Clevenger stated that Fred Boreman had reversed the map
so the numbers were backwards. Trustee Young told Ms. Albrecht that she would meet with her the next day to go to the cemetery
and look things over.
Richard Heilman: Stated that he had been to a meeting in July in regards to rude neighbors and loud noise
in the neighborhood. He stated that the problem still continues. He stated that this is his neighbor, the Gall family, at
5114 Columbia Road. Mr. Heilman stated that he and his wife had returned from vacation and the music was extremely loud, so
the called the Sheriff. The Lafayette Police came to the scene and witnessed the incident. The officer went over and talked
to the young man playing the music and returned to tell the Heilman’s that he didn’t want to cite the boy because
he was only fifteen years old. Mr. Heilman said that this has been going on for three years and they have talked to the parents,
but they don’t care. He stated that the Police Department didn’t do anything about it. Mr. Heilman said that this
is happening in short periods of time so that there is not enough time for a police response. He spent $700 on a new video
recorder. He stated that Chief Duncan has tried but doesn’t do anything. Mr. Heilman stated that Chief Duncan told him
that the Board of Trustees has the authority to declare his neighbor and nuisance and force him to sell his home. Trustee
Bowers stated that this is not true and the only remedy available is to cite them for disorderly conduct. Mr. Heilman said
that the prosecutor told the residents in a previous meeting to get proof and he would try the case. He noted that on one
occasion, his neighbor was burning garbage and trash, which he photographed. He called the Sheriff and Lafayette Police showed
up. Again, the offender was not cited. Mr. Heilman said that it is against the law for his neighbor to burn trash within 1000’
of his house. He stated that the person whom he spoke to from the Fire Department told him that he didn’t know about
that part of the law. Mr. Heilman stated that the Fire Department doesn’t know law and can’t issue a citation.
Then the neighbor put up a vulgar sign. Trustee Bowers stated that the sign is not covered under freedom of speech. Trustee
Bowers asked Mr. Heilman if his complaint is that the Police Department is not doing their job. Mr. Heilman stated that this
is the case. Mr. Heilman explained that he and his wife have put their house up for sale and are leaving the township.
Trustee Bowers asked Trustees Crawford and Young if they heard the same thing she did about the prosecutor
taking these cases to court. Both trustees agreed that they had. The Heilmans stated that it is no longer worth their safety
to stay next to this neighbor. Trustee Bowers asked Mr. Heilman if he would be willing to file the charges on the sign. Mr.
Heilman said that he is, but he would like some help. Mr. Heilman stated that he thinks the police force around here is being
recruited from Mr. Rogers’ neighborhood. Trustee Crawford told Mr. Heilman get with Chief Duncan and get a report filed.
Diane Wenslow: Asked what was determined about the property on Lake Rd. that she and Trustee Bowers had visited
after the last trustees’ meeting. Trustee Bowers stated that Mr. Heiszek had been out to the property and she had gone
and photographed everything. Trustee Bowers told Mrs. Wenslow that she has sent a letter to the prosecutor for an opinion
and hopes to hear back from him soon. Mrs. Wenslow asked who the owner of the property is. Trustee Bowers replied that it
is Helms. Trustee Bowers stated that there were carcasses laying in the back door that she photographed and sent in to the
Medina Health Department.
Burlin Clevenger: stated that the Board of Trustees should do something to commend the Chippewa Lake Water
Ski Team for winning the National Championship. Trustee Young stated that she would make up a certificate for all of the trustees
to sign and send to the team.
Trustee Crawford made a motion to pay the warrants of the township and adjourn the meeting. Seconded by Trustee
Young. Voting yes: Trustees Bowers, Crawford and Young. Motion carried.