Work Session
Perry Township Board of Trustees
Work Session
February 8, 2011 7:00pm
Call to Order/Pledge of Allegiance:
Excused absence:
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests:
Communications:
Letter Received February 7, 2011 from John Richard, Superintendent of Perry Local Schools, Regarding Tennis Court Concerns and Maintenance of Vacant Land at Reedurban
Trustee Laubacher stated that the Board received a letter from Mr. John Richard, Superintendent of Perry Local Schools regarding tennis court concerns, and maintenance of vacant land at Reedurban School. Trustee Capaldi stated that the Board previously discussed concerns regarding the need for tennis court improvements. The Board requested that Trustee Laubacher schedule a meeting with representatives from the schools to discuss improvement options, and /or revisit the contractual obligations.
Trustee Laubacher suggested that once Reedurban School is torn down, that the Township’s obligation could be to maintain the grounds in trade for the schools maintaining the tennis courts. Trustee Capaldi stated that the tennis courts could be removed from the lease. Trustee Laubacher stated that the schools need the tennis courts for their tennis teams however, he was not opposed to the Township assisting t with in kind work. Trustee Capaldi stated that the in kind work would have to be done prior to the current Hartwick Park lease agreement being terminated Mr. Hall agreed.
Trustee Laubacher stated that he was under the impression that the playground equipment at Reedurban School was purchased by the PTO, and it was going to be moved to Pfeiffer Middle School. Trustee Capaldi asked Trustee Laubacher to clarify that. Trustee Laubacher stated that he will schedule a meeting with the schools to discuss and research this matter further. Trustee Capaldi suggested that Trustee Laubacher determine if the schools want to completely deed the Reedurban School property over to the Township or lease it. Trustee Chessler stated that an addendum can be made to the existing Hartwick Park lease. Mr. Hall stated that was correct. Trustee Laubacher stated that he will schedule a meeting with the schools next week and bring the information back to the Board.
Letter Received February 7, 2011 Via E-mail from James Draime Regarding Concerns of a Tree on Perry Park Property
Trustee Laubacher stated that the Board received an email from Mr. James Draime regarding concerns of a tree on the Perry Park property. Mr. Draime asked the Board to consider having the trees trimmed. Trustee Laubacher stated that he and Park Superintendent Kenny Shreffler will assess the trees and obtain an estimate. . Trustee Laubacher stated that he will keep the Board informed of the options available.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action:
Unfinished Business:
New Business:
Trustee Capaldi made a motion to approve bills only in the amount of $28,655.36 for the week ending February 8, 2011; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Fiscal Officer:
Trustee Capaldi made a motion to approve the minutes from the February 1, 2011 Regular Meeting minutes; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Administration:
Fasnacht Farm- Tenant Farmer (Discuss Applicants/ Consider Lease)
Administrator Fetzer stated that Tenant Farmer applicants, Craig Steigerwald, Paul Bender and Cary Coates had been interviewed. The Board received a copy of the interview questions along with the responses given by each applicant. Administrator Fetzer stated that upon completion of the interview process, it appeared that Craig Steigerwald had the same vision as the Board for Fasnacht Farm.
Trustee Capaldi stated that the Board had received applications, ranked the applicants, and conducted interviews. The Board is now ready to review the interview comments and prepare to make a recommendation at the February 15th meeting. Administrator Fetzer stated that Mr. Nick Morris from Stark Parks has provided the Board with a draft lease for the Board and Law Director to review.
The Board determined that the Community Gardening programming duties would remain within the Township Administration office.
Administrator Fetzer stated that Cutler Realty provided the Board with a quote of $ 700.00 to $800.00 as a fair market value monthly rental fee for the small farm house. Administrator Fetzer stated that one of the items discussed during the interviews was the consideration of discounting the rent in exchange for maintaining the land. Trustee Laubacher stated that the tenant farmer would be provided a fifty percent (50%) reduction to the rent for mowing the grass. All other terms of general upkeep would result in an additional discount to the rent. Mr. Schlegel verified that the Township is allowed to rent out a property and receive income. Mr. Hall stated that was correct. Trustee Laubacher stated that if the tenant farmer does work that exceeds more than one months rent, it could be credited to the next month. Trustee Chessler inquired if completing work to the inside of the home would count towards the rent as well. Trustee Laubacher stated yes it would, since such improvement to the structure would only benefit the Township. Trustee Chessler stated that a standard provision of a lease would allow the tenant to make improvements to the structure with prior consent. Mr. Hall stated that the work would have to be performed to a good standard.
Mr. Hall stated that the Board would have to determine a rate of pay for the tenant farmer. The bench mark would be minimum wage which is currently set at $7.40 per hour. Mr. Hall suggested that the Board create a scale based on the work that is being performed. These are all matters that will have to be discussed and negotiated. Trustee Capaldi inquired what the Police Department was paying their part time maintenance employee. Administrator Fetzer stated that she believed that position paid $10.20 per hour. Mr. Schlegel stated that he believed that was correct. Trustee Chessler stated that the Board needs to commit to a longer term of time to the relationship, but there needs to be milestones along the way where projected numbers can be seen. Mr. Hall suggested that the agreement state “x” number of years with the option to extend upon mutual agreement of both parties and you don’t want the extension to be longer than the initial term. For example, a five (5) year initial term with the option to extend up to five (5) years.
Trustee Laubacher suggested that the tenant farmer would provide a monthly report to the Board as to the status of farm events. Trustee Capaldi inquired if the agreement could state that the tenant farmer report to the Board on a quarterly basis. Mr. Hall stated that the tenant farmer could submit quarterly status reports. Eventually, the Board will have to have a financial component with the ability to review receipts and expenditures. Trustee Laubacher stated that it is important to keep an open line of communication between the Board and the tenant farmer. . Mr. Hall stated that the submission of quarterly reports can be written into the lease.
Mr. Schlegel inquired if five (5) years was too long for an initial term. Trustee Laubacher stated that he didn’t think so because it would take awhile to get things established on the farm. Mr. Hall inquired what Mr. Steigerwald suggested for an initial term. Administrator Fetzer stated that Mr. Steigerwald suggested a five (5) year initial term. Trustee Capaldi inquired if Mr. Steigerwald had health benefits. Administrator Fetzer stated that health benefits were not discussed. Mr. Hall stated that he can present several options regarding terms. Administrator Fetzer stated that the Advisory Committee discussed a five (5) year initial term with an annual review. Mr. Hall stated that will work, but eventually when the term for the contract agreement is up the Board will have to by law complete the request for proposal process again.
Trustee Laubacher inquired about the taxes. Mr. Hall stated that as far as the park area itself, Ms. Meeks from the Ohio Department of Taxation indicated that it all falls within the area of tax exemption. The Board is going to have to decide what to do with the approximate twenty (20) acres that Mr. Rohr has been farming in the past. Trustee Capaldi inquired why the Board wouldn’t have Mr. Rohr farm the land next year. Mr. Hall stated that the Township would have to pay taxes on those acres. Trustee Capaldi inquired if the Township received a tax exemption for farming. Mr. Hall stated that the Township would have to pay an agricultural tax rate. Trustee Capaldi inquired if the cost of the agricultural tax could be added in with the cost to the contract with Mr. Rohr. Trustee Laubacher explained that the Township does not have a contract with Mr. Rohr. Trustee Chessler inquired if the taxes were new or if the Township had been paying them upon purchase. . Mr. Hall stated that the Township has been paying the taxes the whole time since acquisition. Once it becomes tax exempt it is going to go back to the date that the Township began using is for public purposes which has pretty much been since the beginning. The Township will be rebated or refunded for all of those property taxes. Ms. Meeks stated that even if government owns it, if it is producing income (no matter how minimal), that income production or portion of the real estate will be subject to taxes. Trustee Chessler inquired if the tenant farmer would continue the exempt status. Mr. Hall stated that it would because the Township provided the Ohio Department of Taxation with the full disclosure of the whole program so that they can see that it is for public purpose with educational and park components. Right now with just farming the land for Mr. Rohr to profit does not benefit the public or the Township therefore it is not tax exempt. Trustee Capaldi inquired if the Board has to pass a resolution. Mr. Hall stated that it was all put in the agreement. Ms. Meeks was given a copy of the master plan and she came up with the twenty (20) acres number. There would have to be an actual calculation as to how much is subject to lease, subject to tenant farmer and community gardens. Trustee Capaldi stated that she personally would like Mr. Rohr to farm the land as long as he can until the Township can afford to do the tilling and etc. Trustee Laubacher inquired if the Township would have to continue to pay the taxes on the property. Mr. Hall stated that the Township would have to continue to pay the taxes on it. Trustee Laubacher inquired why Mr. Fasnacht couldn’t pick that up. Trustee Capaldi stated that paying the taxes is less than what the Township would have to pay to bring a brush hog in. Trustee Laubacher stated that he agreed. Mr. Hall stated that he hasn’t looked at the tax bill since the Township purchased the property. Mr. Schlegel stated that it is in the thousands of dollars. Trustee Laubacher inquired if Mr. Hall could prepare this information for the Board to discuss at the next work session. Mr. Hall stated that it is only a matter for taking the current tax bill and divide it by three (3). There are thirty (30) acres and 2/3 will be subject to taxation. Trustee Chessler inquired if Mr. Fasnacht has rights to the crops. Mr. Hall stated no because there was a waiver. Trustee Laubacher inquired if the Board should decide whether or not to allow Mr. Rohr to farm the land in 2011. Trustee Chessler stated that he would like to see the amount of the taxes first. Mr. Schlegel stated that the taxes on the property are $2,327.86 for a year. Trustee Laubacher inquired when the contact would be completed. Mr. Hall stated that once he has some direction from the Board he will begin drafting the contract for the Board to review. Trustee Laubacher stated that he would like this item on the agenda for next week.
Fire Department: None.
Police Department: None.
Road Department:
Email from Chris Nichols- TID Grant- Transportation Improvement District
Mr. Masalko stated that he received an email from Chris Nichols and spoke with Bill Smith and they are starting to entertain the Whipple Avenue maintenance agreement. The portion of Whipple Avenue by Shepler Church is a Perry Township road but Canton Township has always paved that portion in exchange for Perry Township to pave the portion by Canton Center Mall. Canton Township had the Levy Company come in and put some slag down which is dusty and has caused complaints from the residents along that roadway. Canton Township wants Perry Township to go in on applying for the TID Grant. Mr. Masalko stated that he didn’t feel that the grant application would score well because Canton Township is not encouraging paving for this grant. Trustee Chessler inquired if there was a drainage problem. Mr. Masalko stated that there could be. The grant amount is $27,000.00. Trustee Capaldi inquired if the road would be stronger. Mr. Masalko stated that it would and that they would be tearing up and redoing six (6) inches. Trustee Chessler inquired about the durability. Mr. Masalko stated that if it is done correctly it will be durable.
Mr. Masalko stated that the grant is due on Thursday, February 10, 2011. Without the grant Mr. Masalko stated that he is not sure where he will pull this money from his budget. Trustee Capaldi stated that the Township only has to commit to the project if the grant funds are awarded. Administrator Fetzer inquired if the Whipple Avenue grant would be competing with the 13th and Genoa grant. Mr. Masalko stated that was correct. Trustee Capaldi stated that the Township isn’t doing any harm in participating in the grant application. Trustee Chessler and Trustee Laubacher agreed. Mr. Masalko stated that if the grant funds are awarded for the Whipple Avenue project he will work with Mr. Schlegel to find money in the budget. Trustee Capaldi inquired if the Board needed to make a formal resolution. Mr. Hall stated that the Board only needs to make a formal resolution once the grant is awarded.
Law Director: None.
Zoning: None.
Parks: None.
Executive Session(s):
Trustee Laubacher made a motion that the Board adjourn into executive session under O.R.C. 121.22 (G) (4) to discuss POW collective bargaining matters to include to Board, Fiscal Officer, Law Director and Road Superintendent; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
The Board adjourned into Executive Session at: 7:54pm
The Board adjourned from Executive Session at: 8:21pm
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department:
Road Department: None.
Zoning: None.
Law Director: None.
Announcements:
Public Speaks-Open Forum:
Adjournment:
With nothing further to come before the Board, Trustee Capaldi made a motion to adjourn the meeting at 8:21pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Lee C. Laubacher, President
Joe Schlegel, Fiscal Officer