Regular Meeting
Perry Township Board of Trustees
Regular Meeting
July 12, 2011 7:00pm
Call to Order/Pledge of Allegiance:
Excused absence: None.
Additions/Deletions to Agenda:
Trustee Capaldi stated that she received a telephone call from Mrs. Klink. Trustee Laubacher noted that Mrs. Klink was present in the audience. Trustee Capaldi asked that this be discussed under the Road Department portion of the meeting. Trustee Laubacher stated that under the Road Department or Public Speaks would be fine.
Trustee Chessler stated that there was an email sent by one of his colleagues requesting that the final agenda be distributed to the Board by noon on Mondays and that the draft agenda be sent to the Board on Fridays by 1:00pm. Trustee Capaldi suggested that the Board allow the Administrator to express when she needs the information from the Department Heads in order to comply with the deadlines. Administrator Fetzer stated that the new plan is that the Department Heads will provide their agenda requests to her by the end of the business day on Thursdays so that the draft agenda can be created first thing Friday morning and be circulated to the Board by noon.
Public Hearings/Invited Guests:
Step 2 Grievance Hearing- Officer Luke Scheduled at 7:00pm
Mr. Hall stated that the grievant was not present yet but he and his union business agent were given proper notification. Mr. Hall suggested that the Board give the grievant and his union business agent a reasonable amount of time for them to appear if not the Board can declare the grievance as withdrawn or abandoned. Trustee Laubacher inquired if he knew whether or not Officer Luke or Mr. Wilson would be in attendance. Chief Pomesky stated that he spoke with Mr. Wilson who indicated he would not be attending this meeting. Mr. Hall suggested giving Officer Luke ten (10) to fifteen (15) minutes to appear.
Communications: None.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action:
Unfinished Business:
Status Update on Modifications to Radio System at Station #3
Chief Martin stated that he spoke with a representative at B&C Communications. All of the equipment for this project has been ordered. B&C Communications is simply waiting for all of the equipment to come in so that it can all be put into place at one time. Chief Martin stated that the only delay might be with the FCC and the transfer of the license. Trustee Capaldi thanked Chief Martin for the update. Trustee Laubacher asked that the Board be kept informed of the progress by email.
New Business:
Trustee Laubacher made a motion to approve bills in the amount of $15,369.51 for the week ending June 28, 2011, approval of bills and payroll in the amount of $270,928.68 for the week ending July 5, 2011 and approval of bills in the amount of $63,202.12 for the week ending July 12, 2011 for a combined total of $349,500.31; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Fiscal Officer:
Consider Scheduling 2012 Budget Hearing for August 9, 2011
Mr. Schlegel suggested that the 2012 budget hearing be scheduled for the August 9, 2011 Work Session as it is due to the Budget Commission by August 20, 2011. The Board stated August 9, 2011 would be fine. Mr. Schlegel stated that he will have copies of the budget to the Board at least four (4) to five (5) days prior to the hearing.
Trustee Capaldi made a motion to approve the minutes from the June 21, 2011 Regular Meeting minutes with one edit on page 7 paragraph 2; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Administration:
Consider Accepting a Civic Donation for Ohio Power Accounts Enrolled in the Existing Electric Aggregation Program
Administrator Fetzer stated that the Board has received communication from Mr. Mark Burns of Independent Energy Consultants. Mr. Burns stated that First Energy has changed their position and they are going to be providing Perry Township with a civic donation for the new Ohio Power account; $10.00 per account for the civic donation which will be for a three (3) year term. Administrator Fetzer stated that Perry Township has the opportunity to receive the civic donation in the amount of $62,750.00 which is based upon the 6,275 residents that are possible. These residents will have to opt out if they do not want to be in the program. Mr. Burns indicated that the opt out document has been drafted and the residents will receive it by July 29, 2011. The residents will have three (3) weeks to opt out if they choose to do so. Trustee Laubacher inquired if the Board needs to sign an additional contract. Administrator Fetzer stated that the Board president is required to sign an amended contract which has been reviewed by the Law Director. Trustee Capaldi inquired if the only amendment is in regards to the civic donation. Administrator Fetzer stated that was correct.
Trustee Capaldi made a motion that the Board accept the first amendment to the master agreement to provide services to an aggregation group between Perry Township, Stark County, Ohio and First Energy Solutions which incorporates a civic donation of approximately $62,750.00; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Discussion of Storm Water Utility Options
Trustee Laubacher stated that he wanted to discuss the matter of storm water utility options due to the increasing number of residents who have had issues with storm water management. The City of Massillon already has a storm water management program and they are charging each homeowner $2.00 per month. Trustee Laubacher stated that counties are able to put storm water management into effect. Since Perry Township is unable to go off-road, Trustee Laubacher was hoping to contact the Stark County Commissioners to begin a storm water management program for Perry Township. Trustee Laubacher provided the rest of the Board with a copy of the City of Massillon’s ordinance regarding storm water management for their review. Trustee Laubacher stated that he spoke with Commissioner Creighton and Commissioner Bernabei regarding this matter. The Commissioner’s are going to be asking Stark County to pass a sales tax and has indicated that there is potential that a portion of the sales tax could go towards off road construction for storm water problems. Trustee Laubacher stated that he has spoken with several individuals that have indicated they would not mind paying a small fee additional to their property tax in order to begin a storm water management program with Perry Township. This program would have to seek approval from the Stark County Commissioners. The Road Department does not have the money in their budget to fund this type of program and the Board of Trustees does not have the legal authority to perform off-road jobs. Perry Township has storm water problems due to the pipes beginning to fail.
Trustee Capaldi stated that she reviewed the response from Commissioner Bernabei stating that the Commissioners did not want to complicate the sales tax passage by bringing in another issue. Trustee Capaldi suggested discussing this further at a work session and possibly looking into a CRA (Community Reinvestment Area).
Continued: Step 2 Grievance Hearing- Officer Luke Scheduled at 7:00pm
Trustee Chessler noted that it was 7:22pm and neither the grievant nor his representative has appeared for the scheduled hearing. Mr. Hall suggested that the Board deny the grievance for failure of the grievant to appear and to affirm the position of Chief Pomesky.
Trustee Capaldi made a motion that the Board deny the step 2 grievance filed by Officer Luke and affirm the position of Chief Pomesky; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Fire Department:
Awarded United States Fire Administration Grant in the Amount of $75,600.00 to purchase 4,000 Dual Sensor Smoke Detectors in order to Accommodate 1,000 Households in Perry Township
Chief Martin stated that the Fire Department was awarded a fire prevention grant by the United States Fire Administration. The original grant was written for $84,000.00 and is a 90/10 match. The Township is required to pay 10% which is $8,400.00. FEMA will be giving the Fire Department $75,600.00 to install 4,000 smoke detectors in approximately 1,000 structures within Perry Township. This is one of the larger awards that have been given by FEMA this year. This is an ambitious project and Deputy Chief Abbott is going to be the Project Manager along with others from the organization. Several television stations have called the Fire Department wanting to do an exposé on the project. This program will kick off “Fire Prevention Week.” Chief Martin stated that in 2010, Perry Township suffered $874,000.00 in fire loss. Trustee Chessler inquired about the process in which the Fire Department will choose recipients or distribution of the smoke alarms. Chief Martin stated that FEMA has priorities and it was all laid out in the grant; people over the age of 65, children under the age of 6, low income, detectors over ten (10) years old and people that don’t have detectors. Chief Martin stated that the Fire Department quoted the best smoke alarms that you can buy. All smoke detectors will have a ten (10) year lithium battery, dual sensors and can be tested with a TV remote. Last year the Board authorized the expenditure of excess grant funds received by the Fire Department to purchase 400 smoke detectors which helped gather data that was used to write this grant application. Chief Martin stated during this process the Fire Department will be gathering a number of data points that the Fire Department will be using for future grant proposals for example; tornado sirens, sprinkler systems, CPR and fire extinguishers.
Trustee Laubacher made a motion that the Board accept the grant from FEMA in the amount of $84,000.00 with a Township match of $8,400.00; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Awarded a $2,500.00 No Match Grant from Ohio Department of Public Safety
Chief Martin stated that the Fire Department was awarded a no match grant from the Ohio Department of Public Safety in the amount of $2,500.00 for EMS equipment and training.
Trustee Laubacher made a motion that the Board accept the grant from the Ohio Department of Public Safety in the amount of $2,500.00 for EMS equipment and training; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Police Department:
Consider Phone System Upgrade
Chief Pomesky stated that he submitted a memorandum and purchase proposal to the Board regarding a phone system upgrade. Currently, the Police Department is working through some issues with the installation of the 9-1-1 equipment through the County. Chief Pomesky attached a request for a Toshiba CIX 670 processor upgrade for the phone system so that it will support a new a-port analog station interface. The cost of the upgrade is $3,900.00 through Warwick Communications. Chief Pomesky stated that Warwick Communications has been working on the Police Department’s phone system since the move to the new building. Warwick Communications has a long standing knowledge of the system within the agency. Trustee Capaldi inquired if Warwick Communications was the initial installer of the phone system. Chief Pomesky stated that he did not know for sure because he was not involved in the initial process.
Trustee Chessler made a motion that the Board accept the proposal of Warwick Communications for a phone system upgrade at the quoted price of $3,900.00; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
2011-2012 Grant Award- DARE Program $20,463.30
Chief Pomesky stated that the Police Department applied for and received the 2011-2012 DARE grant in the amount of $20,463.30.
Trustee Chessler made a motion that the Board accept the DARE grant for the year 2011-2012 in the amount of $20,463.30; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Trustee Capaldi noted that with all of the grants and the civic donation approved at this meeting the Township has brought in $161,313.00.
Road Department:
Consider Approval of Dump Truck Beds #15 and #18 to be Sandblasted and Painted
Mr. Masalko asked the Board to consider the sandblasting and painting of the beds for dump truck #15 and dump truck #18. Two (2) quotes were obtained; Frank’s Maintenance $5,000.00 ($2,500.00 per truck) and M&N Maintenance. Mr. Masalko recommended that the Board approve Frank’s Maintenance.
Trustee Capaldi made a motion that the Board enter into a contract with FMC Frank’s Maintenance for $5,000.00 for two (2) dump bed sandblasting and repair to trucks #15 and #18; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Approval and Resolution for Vacation of Six (6) Township Roads
Mr. Masalko asked the Board to approve the vacation of six (6) Township roads. This recommendation comes from Mr. Dan Houck, Chief Surveyor of the Stark County Engineer’s Office.
Trustee Chessler made a motion that the Board engage in the process to seek approval by the Stark County Commissioners for the vacation of certain Township roads in Perry Township, Stark County, Ohio the first of which being Kendal Avenue, Perry Township, the portion which is depicted on the plat; second is a 20’ alley in Perry Township described in the vacation plat near Navarre Road and Richville Drive; third is the vacation of a road in Perry Township that is described in the vacation plat near Hess Avenue NW; fourth is the vacation of a portion of Buckwalter Drive in Pine Hills Allotment near Pine Hills Drive and Edgewood Street; fifth is Idlecrest Avenue near Kayview Street and Albrecht Avenue SW and the sixth is an un-named alley in Perry Township near 6th Street and Nish Avenue between the current border of Perry Township and the City of Massillon; Seconded by Trustee Capaldi.
Trustee Capaldi verified that once the Township roads are vacated they become part of the surrounding properties and the adjacent property owner will receive notification. Mr. Masalko stated that was correct. Mr. Hall inquired why there was only a recommendation for a partial vacation of the un-named alley off of Idlecrest. Mr. Masalko stated that part of the un-named alley is still used as road but the other part was closed off by the Board because of the washed out bridge. Trustee Capaldi inquired what causes the recommendation of road vacations by the Stark County Engineers Office. Mr. Masalko stated that the Perry Township Road Department helps the Stark County Engineers Office in the process of identifying roads.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Discussion of Summerdale Allotment Storm Drain Replacement- OPWC Application in September 2011
Mr. Masalko stated that Mr. Gary Connor, Hydraulics Engineer with the Stark County Engineers Office has been in contact with the Perry Township Road Department regarding the need for storm drain replacement in the Summerdale Allotment. Several of the residents from the Summerdale Allotment were present at the meeting with the Stark County Commissioners to express their concerns. Mr. Connor is recommending a three (3) way split between Perry Township, Stark County Engineers Office and the Stark County Commissioners. Mr. Masalko stated that the Stark County Engineers Office is requesting engineering services on this project and Hammontree & Associates was the original engineer on the Summerdale Allotment. Hammontree & Associates still has the original plans for the allotment as well. Mr. Masalko asked Mr. Oprisch to write up a quote for this project because OPWC deadline is in September. Mr. Oprisch stated that in speaking with Mr. Connor and Mr. Masalko they discussed replacing the storm sewers, addressing the drainage from the allotment toward Sippo Lake/ Genoa Avenue and possible retention of the storm water. Mr. Masalko stated that this project would be done in two (2) phases. Mr. Connor suggested involving the Volzer property in the second phase.
Trustee Capaldi stated that she would like to have a “Memorandum of Understanding” between the three (3) bodies and inquired if the original cost for engineering would be split. Mr. Masalko stated that the original cost for engineering may be able to be worked into the OPWC grant application. Mr. Hall stated that engineering fees can be used as a matching grant. However, in looking at the scope of service; a substantial portion of this is within the road right of way and under the roads. There is a significant portion that is outside of the road right of way as well. Mr. Hall suggested that there be a “Memorandum of Understanding” between Perry Township, Stark County Engineers and the Stark County Commissioners before this is approved so that there is not a raised question by the Auditor regarding the expenditure of $24,000.00. The cost of $24,000.00 is below the bid requirement but it would be advisable to have an agreement about the sharing of services.
Trustee Chessler inquired what action needed to be taken on this matter this evening. Mr. Masalko asked the Board to enter into an agreement with Hammontree & Associates. There is funding built into the budget for infrastructure projects like this. Mr. Hall suggested that the Board table this matter until the next meeting so that the “Memorandum of Understanding” can be drafted.
Trustee Chessler made a motion that the Board table this request until the Regular Meeting scheduled for next Tuesday, July 19, 2011; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Law Director:
Consider Amending the Resolution Previously made on June 21, 2011 from Hiring Road Department Employees as “Part-time Employees” to “Casual Employees”
Mr. Hall stated that as the Board is aware, terms can have special and specific meanings. Full-time, part-time, seasonal and casual all have specific meanings under the code. The minutes and the motion that Mr. Chessler made at the June 21, 2011 meeting reference that the Board appointed two (2) new part-time employees. The minutes need to reflect that the new employees are “casual employees” not “part-time employees.” Mr. Hall apologized to the Board and Mr. Masalko for the misunderstanding.
Trustee Chessler made a motion that the Board reconsider and amend the resolution that was passed on June 21, 2011 to now state that the offer was to hire casual employees and not part-time employees and that all other terms of that resolution are affirmed and ratified; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Trustee Capaldi made a motion that the Board revise the June 21, 2011 minutes be updated to reflect replacing the part-time verbiage with the casual verbiage as intended; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Zoning:
Consider Filling Vacant Position on Board of Zoning Appeals
Mr. Weckbacher stated that he called all of the individuals who provided a letter of interest in filling the vacant position on the Board of Zoning Appeals. All individuals are still interested and the Board has been given a copy of the letters of interest for their review. There will be a Board of Zoning Appeals meeting in August. Trustee Chessler stated that Mr. Keith Holland is the current alternate on the Board of Zoning Appeals and is interested in obtaining the full-time position.
Trustee Chessler made a motion that the Board make an appointment to the vacant position on the Board of Zoning Appeals and fill that or offer that to Keith Holland the current alternate; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Trustee Chessler stated that he would like a little more time to look over the letters of interest before filling the alternate position on the Board of Zoning Appeals. The Board agreed that they would make their own contact with the interested parties. Trustee Capaldi asked that the filling of the alternate position be placed on the agenda for next week.
Parks: None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department:
June Statistics
June EMS Alarms- 187 Responses, Fire Alarms- 47 Responses, Total Responses- 234. Increase of 6% or 85 alarms.
Parks/Recycling: None.
Police Department: None.
Road Department: None.
Zoning: None.
Law Director: None.
Announcements:
1. Regular Meeting- July 19, 2011. No Work Session for July 2011.
Public Speaks-Open Forum:
Travis Secrest- 168 Woodlawn Ave. NW. Mr. Secrest stated that he made a public records request to answer some questions he had in regards to one of the Trustee’s riding in the Richville Parade on one of the Perry Township Fire Trucks. Mr. Secrest stated that Mr. Schlegel responded to him quickly and accurately. Mr. Secrest stated that he understood that there was no Board action or emails/ correspondence between the Board on this matter. Mr. Secrest inquired if the other Board members were made aware of the opportunity to participate in the parade. Trustee Capaldi stated that she was made aware and invited by Chief Martin but she had another engagement and was not able to attend. Trustee Capaldi stated that she would have been very proud to support the Township and the Fire Department by riding along with them. Trustee Chessler stated that for the last twenty-two (22) years, (with the exception of two (2) recent years) the Board has received individual invitations from the parade committee to be in the parade. Each individual Board member responded to the invitation and found their own transportation. The parade was discontinued for a year or two. This year the sponsor of the parade was the Richville Baseball and Softball Association and each Board member at some point received an invitation and Trustee Chessler stated that he knew early on that he would be unable to attend. Mr. Secrest stated that the Board answered his question.
Dave O’Donnell, Strawser Construction. Mr. O’Donnell stated that Strawser Construction has a paving project with the Township and wanted to inform the Board that everything is going good and steady.
Jim Ryan- 3103 Bailey. Mr. Ryan addressed his concerns regarding water in his home/ basement. Mr. Ryan and several of his neighbors have been experiencing problems with sewer backup. Trustee Laubacher suggested that a meeting be set up with Mr. Jim Jones, Stark County Sanitary Sewer and the residents in this neighborhood. Mr. Masalko stated that Bailey is on the ditch schedule but the Road Department just hasn’t been able to get to it yet.
Darlene Klink- 5921 Longbrook St. SW. Mrs. Klink addressed her concerns regarding water problems at her residence. Mrs. Klink inquired how much it would cost to fix this problem and why it is her responsibility to pay for it. Trustee Capaldi stated that Perry Township residents are very fortunate to not have to pay income taxes that would take 2% of their wages each year. Trustee Capaldi asked Mr. Masalko to explain the process to Mrs. Klink. Mr. Masalko explained the cost and stated that this job is marked for repair within the next ten (10) days.
Executive Session(s):
ORC 121.22 (G) (5) Pertaining to Matters Required to be Kept Confidential by Ohio or US Law
Trustee Laubacher made a motion that the Board adjourn into Executive Session pursuant to ORC 121.22 (G) (5) pertaining to matters required to be kept confidential by Ohio or US Law to include the Trustees, Fiscal Officer, Law Director and Police Chief; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
The Board adjourned into Executive Session at: 8:24pm
The Board adjourned from Executive Session at: 8:43pm
Adjournment:
With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 8:43pm; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Lee C. Laubacher, President
Joe Schlegel, Fiscal Officer