Regular Meeting
Perry Township Board of Trustees
Regular Meeting
June 7, 2011 7:00pm
Call to Order/Pledge of Allegiance:
Opening of 2011 Road Paving Bids
|
Company |
Quote |
|
Central Allied Enterprises, Inc. |
$116,028.23 $18,109.50 |
|
Superior Paving & Materials, Inc. |
$114,526.61 $19,084.20 |
|
Northstar Asphalt, Inc. |
$117,318.50 $21,967.50 |
Trustee Capaldi made a motion that the Board table the bids for further review by the Road Superintendent and Law Director; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Excused absence: None.
Additions/Deletions to Agenda:
Trustee Capaldi thanked Road Superintendent John Masalko, Ms. Carrick, Chief Pomesky and Administrative Office for all of the work and extra duties that were taken on during the “500 year rain” that exacerbated flooding problems within the Township.
Trustee Laubacher stated that he would like to address the email that was received from Mr. Mark Johnson at 9:00am Wednesday, June 1, 2011 regarding his antique car that was parked near the dumpster at Fire Administration. The car was moved on Tuesday, May 31, 2011 at 3:00pm. Trustee Laubacher stated that this vehicle sat there for approximately ten (10) days because he was unable to move it to his storage unit due to the wet conditions of the land where the car was going to be stored. Trustee Laubacher stated that he discussed this matter last evening with Mr. Johnson at approximately 8:30pm at his residence.
Public Hearings/Invited Guests: None.
Communications:
Jan Litkey- 210 Lennox SW- Concerning Culvert Replacement and Damage to Driveway & Lawn
Ms. Litkey presented pictures to the Board of the area of concern. Mr. Masalko stated that the Road Department performed this job because Ms. Litkey had a decaying pipe/ culvert. Ms. Litkey requested that the culvert be replaced and the Road Department does do that. The work took place on Wednesday after the large rain. The ground was saturated and the equipment had to straddle the ditch because it was too close to the road and in order for the boon to perform its duty properly. The equipment had to be placed down Kitzmiller and straddled the ditch to dig out the pipe. While the work was being done the corner of Ms. Litkey’s concrete driveway was broken. Mr. Masalko stated that he was called out to the site immediately and told Ms. Litkey that the Road Department would cut her portion of the driveway and pay for asphalt. Mr. Masalko stated that he and Trustee Laubacher discussed doing restorations to the area where track marks are from previous work done there. Also discussion was top soil seed, matting and new gravel on the corner.
Trustee Capaldi stated that typically a notification would go out to the resident requesting culvert replacement. Mr. Masalko stated that normally a cost proposal will be written up. Ms. Litkey’s proposal was for $358.00. Once the job is completed the Road Department does a calculation of how much materials were really used and reduced the tonnage of gravel. Ms. Litkey’s total bill came to $332.50. Trustee Chessler stated that the Township’s policy is to charge for the pipe and the gravel. Mr. Masalko stated that was correct. Trustee Chessler stated that the resident is not charged for the fill dirt or the time for the equipment. Mr. Masalko stated that was correct.
Trustee Capaldi inquired if there was an asphalt approach to the driveway prior to the replacement of the culvert. Mr. Masalko stated that there was but it is the responsibility of the homeowner to replace the asphalt apron. Trustee Capaldi inquired if that information is shared during communication with the residents. Mr. Masalko stated that it is.
Trustee Laubacher stated that part of the problem is the concrete corner got broken during the process of the project. Mr. Masalko’s suggestion was to cut the concrete straight across and remove the concrete to have it all replaced with blacktop instead of concrete. Ms. Litkey stated that she has spoken with her original contractor who indicated that if the concrete is cut in that manner that it will weaken. Also, if it does not have a rounded edge it will cause it to break off. Trustee Capaldi stated that if she recalls correctly there is a line of demarcation where they segregated before. Ms. Litkey stated that they were going to cut directly across the whole front of her driveway. Trustee Capaldi stated that Ms. Litkey is suggesting taking out the bad section and replacing it. Ms. Litkey stated that is correct and per the contractor that did the concrete initially. Ms. Litkey stated that leaving a raw edge will cause it to break off much easier.
Ms. Litkey stated that the first approach was to cut 19’ directly across and she stated that she needed to think about it. After speaking with Mr. Freeman he suggested that it be done in that manner. Trustee Chessler stated that one part will be replaced with concrete and inquired if the other place would be replaced with asphalt. Ms. Litkey stated that was correct and because of all of the things that took place at her residence Mr. Masalko suggested that the Township pay for 2/3 and she would pay 1/3. Trustee Capaldi inquired if that was due to the cut. Mr. Masalko stated that recommended cutting it and the Township will pay for the portion that was cut. Trustee Capaldi stated that if the Township was to pay for the portion of concrete then that would replace the cost of the asphalt and the apron would be Ms. Litkey’s responsibility. Mr. Masalko stated that would be one option.
Trustee Capaldi stated that the Board became aware of the condition of the lawn because the resident called and inquired if there was some type of review of these jobs. Mr. Masalko stated that the Road Department was not aware of the crack until the machine moved. Ms. Litkey stated that she would be very happy if the edge was rounded to prevent future damage. Trustee Capaldi stated that she did not see a problem with that and the original contractor could probably match the cement better than the Township could anyway. This does not require a Board vote.
Trustee Chessler verified that the Township will reimburse Ms. Litkey for the costs to complete the work. The apron will remain the responsibility of the resident. Ms. Litkey stated that she was under the impression that she was going to get a dispensation for that because of the length of time. Trustee Chessler stated no because the Township is going to compensate Ms. Litkey for the cracked concrete by putting in more asphalt and split that 2/3 to 1/3. Since there has been an agreement Ms. Litkey will be treated like all other residents and will be responsible for maintaining the apron. Trustee Capaldi stated that the additional compensation would have been for the additional amount of asphalt that would have had to of been purchased. Mr. Masalko stated that he will make the connection with Mr. Freeman and keep Ms. Litkey informed.
Michael P. Long- 3110 Georgene Circle SW, Canton- Regarding Drainage Concern
Trustee Laubacher stated that the Board received a letter from Mr. Long regarding drainage concerns on Georgene Circle SW. Mr. Masalko stated that this is a new allotment and this concern was also carbon copied to Mr. Joe Underwood, Stark County Engineers Office. Mr. Underwood stated that he will probably not respond to this because he would need the site plans for his gratings in the yard. Mr. Masalko stated that this is not a Road Department issue. It is a backyard issue. The Road Department should not be involved in site development. This should be looked over by Stark County Regional Planning. Trustee Capaldi inquired who the Township should direct Mr. Long to. Mr. Masalko suggested directing Mr. Long to the developer of the new allotment. Trustee Chessler stated that the Board doesn’t need to make a motion but would like Mr. Masalko to prepare and send a full response to Mr. Long explain his recommendation. Trustee Capaldi stated that the letter was addressed to Administrator Fetzer and asked that she draft the response. Administrator Fetzer stated that she would do that.
Cary Coates- 3011 Meadowwood- Tenant Farmer Inquiry
Trustee Laubacher stated that that Board received a letter from Mr. Coates stating his continuing interest in being the tenant farmer at Fasnacht Farm. Trustee Capaldi stated that the Board is following the process and inquired if Mr. Coates was made aware of what is going on. Administrator Fetzer explained that there was some miscommunication because Mr. Coates had been on vacation and said that he read in the paper that the current applicant in negotiations had backed out. Administrator Fetzer stated that she has been trying to contact Mr. Coates by phone but has been unsuccessful.
Doug Haines- Perry Youth Soccer Representative- Path at Meredith Park
Trustee Laubacher stated that the Board received a letter from Mr. Haines, Perry Youth Soccer Representative. Mr. Haines has indicated that Perry Youth Soccer would like to donate their time and materials to fix the stone path to the soccer fields on the south side of Meredith Park. The path has deteriorated to the point where it has almost disappeared.
Public Speaks on items up for Board Approval:
Richard Miller- 326 Proudley Ave. SW, Massillon. Mr. Miller expressed his concerns regarding a drainage issue in his neighborhood. There are several houses that have spouting issues which causes flooding during hard rains. Also, the ditches may need to be cleaned out. Trustee Laubacher and Mr. Masalko stated that they would come out and assess this matter.
Township Business requiring Board Action:
Unfinished Business:
Consider Amendments Pertaining to Zoning Permit Fee Waivers- Tabled from May 24, 2011 Meeting
Trustee Laubacher stated that this matter was tabled from the last regular meeting. The Board had asked that some additions and deletions be made. Trustee Chessler stated that he requested that some modifications be made stating that the Board of Trustees, Zoning Inspector or designee are permitted but not required to waive applicable zoning fees for the purposes set forth in the section for governmental agencies and schools. The waiver request must be submitted in writing and delivered to the Perry Township Trustees. The request will then be placed on the agenda for the next regular meeting for the Trustees consideration. Portable and promotional sign permit fees may be waived if for a charitable event, promote a school or public meeting announcement.
Trustee Capaldi suggested that charitable event be changed to something less broad. Trustee Chessler suggested stating that the permit fee may be waived for an event for local schools or governmental agencies.
Trustee Chessler made a motion that the Board approve the text amendments with the recommendations from Stark County Regional Planning and the amendments made by the Board of Trustees on June 7, 2011 as recited in the minutes; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Agreed Resolution Regarding Diversity
Trustee Capaldi stated that she drafted a resolution based upon the discussion of the Board at the last regular meeting.
Trustee Capaldi made a motion that the Board resolve as the Perry Township Board of Trustees on the 7th day of June;
WHERE AS: The Perry Township Board of Trustees supports and respects the diversity of all communities.
WHERE AS: The Perry Township Board of Trustees supports diversity in our community.
Now, Therefore, Be it resolved by the Perry Township Board of Trustees that this body will commit to bringing people together to foster awareness and appreciation of racial, ethnic, and gender diversity by resolving to participate in biennial training for our employees, beginning in 2011, for the promotion of diversity. This training will include the review of Perry Township current demographic information for the purpose of understanding the make up of our community; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
New Business:
Trustee Laubacher made a motion to approve bills in the amount of $383,004.32 for the week ending May 31, 2011 and approval of bills and payroll in the amount of $147,108.75 for the week ending June 7, 2011 for a combined total of $530,113.07; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Fiscal Officer:
Trustee Chessler made a motion to approve the minutes from the May 24, 2011 Regular Meeting minutes with the suggested changes; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Administration:
Consider Accepting Revised Tenant Farmer Lease
Administrator Fetzer thanked Mr. Hall for working with Mr. Morris to make the requested edits to finalize the draft lease for the tenant farmer. The Board has received a copy of the final draft lease and it is up for consideration this evening. Mr. Hall stated that the edits were minimal. The address of the leased property was added to the beginning paragraph. Mr. Hall stated that it is his understand that there are some repairs that need to be made to the two (2) bathrooms in the house and occupancy will not take place until those repairs are complete. The lease term will be for sixty (60) months or five (5) years. Mr. Bender would like to begin tilling the land and farming as soon as possible therefore the farm portion of the lease will begin tomorrow (June 8) after the Board approves the lease agreement. The farm portion of the lease will run and terminate at the same time as the occupancy portion of the lease agreement. Mr. Hall stated that all requested edits were made and there were no additional edits made after the last discussion of the Board.
Trustee Capaldi inquired if there was anything in the lease specifying that he has to occupy the home by a certain date. Mr. Hall stated that it is not specifically spelled out but there is a reasonableness implied in any contract and everyone here is under the understanding that once the needed repairs are made then the tenant will take occupancy. If the repairs are made and the tenant farmer doesn’t take occupancy then the Board can decide that there has been a breach in contract.
Trustee Laubacher made a motion that the Board accept the lease as it was changed for the tenant farmer; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Fire Department:
Consider Replacing Damaged Sections of Concrete Apron at Station #1
Chief Martin stated that the Fire Department is asking the Board to authorize the services of Absolute Quality Concrete to replace various concrete slabs of driveway apron at Fire State #1 with the repair work not to exceed $3,495.00. The Board received photographs of where the concrete apron has deteriorated greatly. Chief Martin stated that he would like to see the repairs made so that there is no damage to any of the Fire Department vehicles. Mr. Swisher obtained three (3) quotes and Absolute Quality Concrete was the lowest bid. Not only was Absolute Quality Concrete the lowest bid but they were the firm that did the apron at Station #2 which has performed very well. The work will be completed in three (3) days by using an early concrete which sets rapidly. During that time trucks will not be able to go in and out so a contingency plan has been developed so that area of the community is still covered for immediate response by Perry Township.
Trustee Capaldi made a motion that the Board enter into a contract with Absolute Quality Concrete at a cost not to exceed $3,495.00 for repair work of the driveway at Station #1; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Police Department:
Consider Contract Extension for Dispatchers
Chief Pomesky stated that the Board has received a copy of the contract extension for the dispatchers with a couple of updated sections. This has been forwarded to the union as well as the Law Director. Chief Pomesky asked the Board to consider the approval for the contract extension. Mr. Hall stated that this was approved prior to the dispatchers contract expiring. Mr. Halls stated that he prepared the language and it was submitted to the union in December but got lost somewhere along the way. Mr. Hall stated that he and Chief Pomesky both recommend approval.
Trustee Chessler made a motion that the Board approve the agreement between the Board of Trustees and the Fraternal Order of Police, Ohio Labor Council Police Department Dispatchers for a period of January 1, 2011 through December 31, 2011; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Road Department: None.
Law Director:
MOU of Whipple Ave. SW
Mr. Hall stated that the Board received a proposal from Canton Township regarding a three (3) way split to repair Whipple Avenue SW. The three (3) way split till be between Perry Township Board of Trustees, Canton Township Board of Trustees and the Levy Company. The facility manager has met and recommended that the company pay a third of the cost but has not yet received corporate approval. Once corporate approval is received and the Levy Company agrees to buy in Mr. Hall will draft a final “Memorandum of Understanding” (MOU) for review and approval of the Board. Trustee Capaldi stated that the Board had questioned the differences in the estimates and inquired if that would be explained throughout the process of approval. Trustee Laubacher stated that during the meeting with Perry Township, Canton Township and the Levy Company it was difficult to nail down what they are going to put in there. There are three (3) electrical poles that really need to be moved to make this road a little bit wider which will cost approximately $6,000.00. Mr. Masalko stated that the $1,500.00 is the cost to move each pole. Trustee Capaldi stated that the Board was inquiring about the significant cost difference amongst items 1-5. Trustee Capaldi inquired if when this matter is presented to the Board for approval if the proposals will be more clear as to why there is such a significant cost difference. Mr. Masalko stated that the project will be done by the Lytle Construction Company out of Wooster. Trustee Capaldi inquired if this project would have to be bid out. Mr. Hall stated that Canton Township has already bid the project out and under the MOU, Canton Township will be responsible for preparing and bidding and making sure that it is lawfully done. If the Levy Company decides not to agree then the whole issue will have to be addressed.
FOP Grievance- Step 2
Mr. Hall stated that the FOP has filed a step 2 grievance. Under the current collective bargaining agreement the Board must schedule a hearing and render a decision within thirty (30) days. The grievance was received yesterday (June 6) so the thirtieth day would be July 5. The Board agreed to set the hearing for June 21, 2011 at 7:00pm. Mr. Hall stated that he will notify the grievant.
Trustee Chessler made a motion that the Board set the hearing for the step 2 grievance filed by the FOP for Tuesday, June 21, 2011 at 7:00pm at Perry Township Administrative Office; Second by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
POW Grievance- Step 3
Mr. Hall stated that the POW has filed a step 3 grievance. Under the current collective bargaining agreement the Board must schedule a hearing within fifteen (15) working days. A decision must be rendered within fifteen (15) working days of the hearing. Mr. Hall stated that June 21, 2011 would fall within fifteen (15) working days. The Board agreed to set the hearing for June 21, 2011 at 7:30pm.
Trustee Laubacher made a motion that the Board set grievance filed by the POW to be heard on Tuesday, June 21, 2011 at 7:30pm; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Zoning: None.
Parks: None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department:
Submitted April Stats
Road Department: None.
Zoning: None.
Law Director: None.
Announcements:
1. Stark County Commissioners will conduct a public meeting at the Perry Township Hall on June 15, 2011 at 6:00pm to answer questions and concerns of the general public.
Public Speaks-Open Forum:
Chuck Taylor- 319 Proudley Ave. SW, Massillon. Mr. Taylor expressed his concerns regarding the ditch at the property located at the intersection of Harsh and Lennox. When the home was torn down the culvert/ ditch was buried. The culvert/ditch needs to be cleaned out. Water from the cemetery will run down Harsh and Lennox and flood residential back yards. Another problem is caused by downspouts that are pointed directly onto other properties. Trustee Laubacher, Mr. Masalko and Mr. Weckbacher agreed to meet at the site at 8:30 tomorrow (June 8).
Bard Huntsman- 4025 Prosway SW. Mr. Huntsman acknowledged the Fire Department for hanging the flag for the elderly gentleman who passed away hanging his flag over Memorial Day weekend. Local news and CNN captured the story. Mr. Huntsman also addressed the possible annexation that may be proposed by the City of Massillon. Trustee Chessler explained that the Township has many steps for objections. Trustee Capaldi stated that Perry Township residents should also speak up against proposed annexations.
Dale Eaves- 747 16th St. NE. Mr. Eaves stated that he purchased his first property in Perry Township twenty (20) years ago and has made it aware to the Township several times that the drainage system throughout the Township is inadequate. Mr. Eaves stated that in the last year alone he has had to replace the carpet at 200 Lennox two (2) times and replace a furnace at 319 Lennox. Mr. Eaves stated that he feels that the Township has a moral obligation to reimburse residents for what had to be replaced due to damages from a rain storm. Mr. Eaves stated that it is his assumption that it is the Township’s responsibility to its property owners to maintain an adequate sewer and drainage system. Mr. Hall explained that by statute and home rule that Township has no authority or obligation when it comes to storm sewers, storm drain systems. Those are exclusively the responsibility of the County. There is no morale obligation to make those repairs or replacements. The only obligation of the Township is to control the road run off water. Mr. Hall reminded everyone of private property owners responsibilities.
Executive Session(s):
Trustee Laubacher made a motion that Board adjourn into executive session pursuant to ORC 121.22 (G) (1) consider compensation to include the Board, Law Director, Fiscal Officer, and Fire Chief; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
The Board adjourned into Executive Session at: 8:31pm
The Board adjourned from Executive Session at 8:52pm
Trustee Chessler made a motion that the Board approve at the end of the ninety (90) period currently in place for Shawn Nelson’s wage continuation that the Board extend that leave up to an additional ninety (90) day period. That will be an extension of salary continuation for up to ninety (90) days from the expiration of the first ninety (90) days; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Trustee Chessler made a motion that Board adjourn into executive session pursuant to ORC 121.22 (G) (1) consider disciplinary action to include the Board, Law Director, Fiscal Officer, and Police Chief to discuss the possible discipline of an employee; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
The Board adjourned into Executive Session at: 8:55pm
The Board adjourned from Executive Session at 10:06 pm
Adjournment:
With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 10:06; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Lee C. Laubacher, President
Joe Schlegel, Fiscal Officer