Regular Meeting
Perry Township Board of Trustees
Regular Meeting
October 5, 2010 7:00pm
Call to Order/Pledge of Allegiance:
Excused absence:
Scott Weckbacher, Zoning Inspector- Attending Stark County Regional Planning
John Masako, Road Superintendent- Vacation
Fire Awards- Service Achievement Presentation
The Board, Fiscal Officer, Fire Chief and Administrator presented awards to the following members of the Fire Department with over twenty (20) years of service:
Timothy Gatchell 6-1-1969 41 years
Robert Richardson 5-24-1972 38 years
Richard Moore 8-10-1977 33 years
Mark Abbott 9-12-1978 32 years
Harry Ellis 9-8-1981 29 years
Ralph DeChiara 9-9-1981 29 years
Larry Sedlock 6-9-1986 24 years
John Schmidt 2-18-1987 23 years
Rick Gialluca 3-11-1987 23 years
Ronald Riggs 4-22-1987 23 years
Carles Moore 6-20-1990 20 years
Stephen Vick 6-20-1990 20 years
Thomas Ross 10-2-1990 20 years
-5 Minute Recess-
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests: None.
Communications:
Trustees Received a Notice to Negotiate From the Full-time Dispatchers on September 23, 2010
Trustee Capaldi stated that the Board received a notice to negotiate from the full-time dispatchers on September 23, 2010 and those discussions will be had.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action:
Unfinished Business: None.
New Business:
Trustee Capaldi made a motion to approve bills in the amount of $89,033.77 for the week ending September 21, 2010, bills and payroll in the amount of $209,586.98 for week ending September 28, 2010 and bills in the amount of $35,450.20 for week ending October 5, 2010 for a combined total of $344,070.95; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fiscal Officer:
Trustee Capaldi made a motion to approve the minutes from the September 14, 2010 Work Session minutes; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Millage for Tax Year 2010, Fiscal Year 2011
a.) 10.55 Outside Millage in the Amount of $4,444,049.00 and 1.60 Inside Millage in the Amount of $834,495.00 for a Combined Total of $5,278.544.00
Mr. Schlegel stated that inside and outside millage has to be approved every year and reported to the Budget Commission by the end of October. Millage for tax year 2010, fiscal year 2011 is: 10.55 outside millage in the amount of $4,444,049.00 and 1.60 inside millage in the amount of $834,495.00 for a combined total of $5,278,544.00.
Trustee Chessler made a motion that the Board approve the millage for tax year 2010, fiscal year 2011 as reported by the Fiscal Officer; Seconded by Trustee Capaldi.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Administration:
Consider Purchasing Twenty (20) Replacement Picnic Tables for the Perry Park System
Administrator Fetzer stated that Mr. Mark Byrd, Building Trades Perry Local Schools provided the Board with a quote from Home Depot to construct twenty (20) replacement picnic tables to be utilized throughout the Perry Park system. Each picnic table will cost approximately $101.59. The total cost would be $2,031.80. The monthly Perryite will be mailed out on October 13, 2010 in which the Board of Trustees has sponsored a four (4) page insert. Within the insert under page three (3) Parks/ Recycling, the Township is offering the residents the opportunity to donate a picnic table to the Perry Parks. A plaque can be established and installed on the picnic table with the family’s group name, organization name or in honor or memory of a loved one. The picnic tables will cost approximately $150.00 per table being sponsored. Administrator Fetzer asked the Board to make a motion authorizing the Perry High School Building Trades class to construct twenty (20) picnic tables to be utilized throughout the Perry Park system at a price not to exceed $2,031.80.
Trustee Capaldi made a motion that the Board authorize the Perry High School Building Trades class to construct twenty (20) picnic tables to be utilized throughout the Perry Park system at a price not to exceed $2,031.80; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fire Department:
Consider Accepting the Resignation of Part-time firefighter Paul Custer
Trustee Capaldi made a motion to accept the resignation of part-time firefighter Paul Custer effective September 7, 2010; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Accepting the Resignation of Part-time firefighter Carrie Carden
Trustee Capaldi made a motion to accept the resignation of part-time firefighter Carrie Carden effective September 20, 2010; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Accepting the Resignation of Part-time firefighter Harland Stebbins
Trustee Laubacher made a motion to accept the resignation of part-time firefighter Harland Stebbins effective September 30, 2010; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Authorization of Solicitation of Bids for Forty (40) Sets of Structural Fire Fighter Gear
Chief Martin asked the Board of Trustees to consider authorizing the solicitation of bids for forty (40) sets of structural fire fighting turn out gear. Back in late 2009/ early 2010, the Fire Department purchased thirty-nine (39) sets of fire fighting gear with a Fire Act grant. The actual cost to the Fire Department was less than $10,000.00. Chief Martin stated that at that time he did inform the Board that he would be making a secondary purchase to re-outfit the remaining part of the department. The specifications were written and forwarded to Law Director Hall who approved them. Chief Martin requested that the advertisement for bids be solicited through the Canton Repository on October 12, 2010 and October 19, 2010. The bids will be opened on November 2, 2010 at the Trustee’s meeting.
Trustee Capaldi made a motion that the Board authorize the solicitation of bids for forty (40) sets of structural fire fighter gear as outlined in the specification provided; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Police Department:
Consider Hiring Full-time Officer Andrew Flowers
Trustee Laubacher made a motion that the Board hire full-time officer Andrew Flowers to begin appointment anytime after October 6, 2010 with a starting salary of $17.05 per hour, a probationary period of one (1) year and a uniform allowance of $1,000.00 per year; Seconded by Trustee Capaldi.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Filling Vacancy of Full-time Records Clerk
Trustee Capaldi made a motion that the Board appoint Amber Fox as the full-time records clerk at a starting salary of $11.00 per hour effective October 6, 2010 and vacation would be consistent with the current Township handbook; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Moving Election Location from Watson Elementary to Township Hall
Chief Pomesky recommended to the Board that the election location be moved from Watson Elementary to Township Hall in the attempt to increase security at the schools. The schools were not built for the extra pedestrian traffic throughout the day. Chief Pomesky stated that he has been working with the schools in order to come up with alternate sites for election locations. This does not mean that the Township would be 100% committed but it would be nice to have some type of commitment in place if the Board of Elections agreed. Mr. Schlegel stated that there are four (4) precincts that vote at Watson currently. Trustee Capaldi stated that the Township Hall would have to be assessed by the Board of Elections for space. Chief Pomesky stated that the earliest this change would take place is in May 2011 to give the Board of Elections enough time to notify the voters. Trustee Laubacher stated that he is in favor of moving the election location. Trustee Capaldi agreed. Chief Pomesky stated that if it turned out that moving the location wouldn’t work the schools would not press the issue. Chief Martin stated that it’s important to keep the fire code in mind also in regards to blocking exits and setting up tables.
Consider Participation with Canton Police Special Response Team
Chief Pomesky stated that he would like the Board to consider authorizing him to explore the options regarding the Police Department’s participation with the Canton Police Special Response Team. Participation in these types of teams would enhance the protection to the community. Trustee Capaldi inquired what types of incidents the Special Response Team would respond to. Chief Pomesky stated that they would respond to critical incidents such as barricaded subjects that are armed, high risk warrants, drug raids and all other incidents where there is a high probability of an officer being harmed. Trustee Capaldi inquired if Chief Pomesky would research all partnerships available to Perry Township. Chief Pomesky stated that he would.
Consider Participation with Child Abduction Response Teams
Chief Pomesky asked the Board to consider the Police Department’s participation with the Stark County Child Abduction Response Team (CART). This is a specialized unit that would respond if there would be a child abduction within the Township. CART would provide support efforts during an investigation. Along with this unit there is specialized training for evidence collection, interviewing and generating leads. This team is headed up by the Canal Fulton Police Department. Chief Pomesky asked for the Board’s approval to participate with this team. Trustee Chessler inquired if approval was needed at this meeting. Chief Pomesky stated that it can be approved later if the Board needs more time. Trustee Capaldi stated that an agreement would have to be drawn up between the agencies. Trustee Capaldi inquired if this was the only Child Abduction Response Team in the County. Chief Pomesky stated that was correct and that CART is a county-wide team.
Consider Acceptance of OVI Grant- $158,621.82/ HVEO Grant- $33,340.09
Trustee Chessler made a motion that the Board accept the OVI Grant in the amount of $158,621.82 and the HVEO Grant in the amount of $33,340.09 and further authorize Chief Pomesky to take the steps necessary to comply with the terms of the grant; Seconded by Trustee Laubacher.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Road Department:
Consider Request for MOU Regarding Clarification of Services Provided for Drage and Snow & Ice Control Regarding Specific Streets
Trustee Capaldi stated that generally when there is a Type II Annexation it is recommended that the services in the area be put into a memorandum of understanding (MOU). An MOU has been drawn up based on a meeting attended by; Trustee Capaldi, Administrator Fetzer, Mayor Cicchinelli, Keith Dylewski, Mike Loudiana and Mike Stevens. The Road Superintendent gave recommendations for what roads would be more efficient for them to manage and vice versa. The Law Director has memorialized the agreement into an MOU. Trustee Capaldi suggested that after review by the Board of Trustees at this meeting that the MOU be forwarded to the City of Massillon for their review and approval. Formal approval can be made after both entities have agreed on the MOU. Mr. Hall stated that this MOU is only for snow and ice control. Trustee Capaldi suggested that the verbiage allow termination of the agreement from either party if one or the other is unhappy. Mr. Hall stated that he will add that either party can terminate this agreement by giving the other party thirty (30) days notice.
Trustee Capaldi stated that she would like to discuss other services as well. Trustee Chessler inquired if Trustee Capaldi is suggesting that an addition be made that disclaims the provision of any other services other than the ones enumerated unless there is a separate superseding agreement. Trustee Capaldi stated that was correct. Trustee Chessler stated that he would feel more comfortable by saying that this is what we will provide and nothing else rather than trying to enumerate police, fire and etc. Trustee Capaldi stated that is a good idea. Mr. Hall stated that he would make the amendments and circulate to Mr. Stergios, Massillon City Law Director for his consideration.
Law Director:
Consider Approving Lease and Deed of Gift Regarding the Perry Soccer Storage Building at Meredith Park
Administrator Fetzer stated that Mr. Doug Haines inquired the status of the lease agreement, deed of gift and renters insurance for the soccer storage building at Meredith Park. Mr. Hall forwarded the most recent lease and deed of gift for the Board’s consideration. Mr. Hall stated that the building has already been constructed so these documents will formalize that the building was built and donated to the Township as a turn key structure. The building is being leased back to Perry Youth Soccer and they are responsible for maintenance, upkeep, repairs and so forth.
Trustee Chessler made a motion that the Board of Trustees extemporaneously approve the lease agreement as submitted by the Law Director along with the deed of gift from the Perry Township Soccer Club back to the Township and authorize the Law Director to take the steps necessary to complete the legal requirements; Seconded by Trustee Capaldi.
Trustee Laubacher inquired if the Township’s insurance covered the building. Mr. Hall stated that the Township’s insurance covered the actual building structure. The Perry Soccer Club will need to obtain renter’s insurance to cover the contents and personal property. Administrator Fetzer stated that the building has already been added to the Township’s insurance.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Agreement Status Update- Mr. Slingluff
Mr. Hall provided to the Board an agreement that was given to Mr. Slingluff regarding the maintenance at 218 Bernower Ave. SW. Mr. Weckbacher has been to the property and some preliminary repairs have already begun to take place as requested. Mr. Slingluff has not yet returned a signed copy of the agreement but has shown good faith in compliance with the requests that were made by the Board. Mr. Weckbacher will continue to monitor the progress and the Board has already given authorization to take action if necessary.
Zoning: None.
Parks: None.
Announcements:
a.) Trick or Treat in Perry Township- Sunday, October 31, 2010 from 3:00pm to 5:00pm
b.) National Fire Prevention Week- October 3 though October 9
Public Speaks-Open Forum:
Chuck Paisley- 1616 Radcliff Ave. NW, Massillon, Ohio 44646. Mr. Paisley addressed concerns regarding his property and the clean up that took place. Mr. Paisley stated that during the clean up working equipment and historical vehicles were taken from his property. All vehicles were registered and plated properly. Mr. Paisley claims that he was not given proper notification and that he was told that the cost was going to be defrayed. Mr. Hall stated that Mr. Paisley had been given proper and lawful notification since May 2010. Mr. Hall stated that Mr. Weckbacher followed the law correctly and that he guided him through the process. Mr. Paisley was given another notification on September 21, 2010 giving him until Thursday to clean up his property. The Board was given pictures of Mr. Paisley’s property from October 4, 2010 showing that the property had not been cleaned up. Mr. Hall stated that he talked to Mr. Paisley’s son Adam today and he stated that he would work with his dad to clean the property up.
Mr. Hall showed the Board pictures that were taken on July 24, 2010 of items that were removed by DeSantis Enterprises. If you compare the pictures from July 24 to the pictures from October 4 there is no noticeable difference. Mr. Paisley brings back new junk, trash and debris in total disregard to the Township’s Zoning Resolution and the Township’s Residential Property Maintenance Code. Mr. Hall stated that the Board has already authorized Mr. Hall in prior resolution to take enforcement action if necessary. Mr. Hall stated that if the items are not removed by Thursday, the Township will have the contractor come back, the items will be removed and a lawsuit will be filed for a permanent injunction to seek civil penalties and sanctions.
Mr. Paisley inquired what items the Township is referring to as junk. Mr. Hall stated that there is an air compressor on the front porch that does not work and when Thursday comes, it’s going. There is a garage door that is lying in the driveway that has been laying there since June, it’s going. Mr. Hall stated that Mr. Paisley has other items in the yard that meet the statutory definition of junk, trash and debris that are going. Mr. Paisley inquired how the automobiles are classified as junk. Mr. Hall stated that if the automobiles are missing parts, inoperable and for is unlicensed and is more than three (3) years old. All of Mr. Paisley’s vehicles meet that definition. Mr. Paisley stated that his vehicles were all operable, licensed and insured. Mr. Hall stated that none of the vehicles could be driven on the roadway. Mr. Paisley stated that was not true and that he could drive the vehicles.
Mr. Paisley stated that he was told that the items located on his porch are allowed to be on his porch and inquired how the Township can make up rules as they go along. Mr. Hall stated that Mr. Paisley suggested to the Township that he was going to remove those items and put them in the garage. Mr. Paisley stated that he is building a pole building. Mr. Hall stated that Mr. Paisley has had since July 24 and it is now October 5. The same items are in the same place. Mr. Paisley didn’t hold up his end of the bargain.
Trustee Chessler asked Mr. Paisley if he has come to the meeting seeking some type of action from the Board or if there are questions that they can answer for him. Mr. Paisley stated that Mr. Weckbacher has told him several times that the Township can not do anything regarding the items on the porch. Trustee Chessler stated that Mr. Weckbacher does not make those determinations and that the Board has given Mr. Hall the authority to take action according to the rules. Mr. Paisley stated that he is hearing what he is being told by Mr. Weckbacher. Trustee Capaldi stated that the Board is clarifying so that there is no doubt. Mr. Paisley stated that the Board is clarifying in a short period of time and changing what he was told by Mr. Weckbacher. Trustee Capaldi inquired if the Board could give Mr. Paisley ten (10) days from today. Trustee Chessler and Trustee Laubacher agreed that next Tuesday would be enough time. Mr. Hall suggested that he would meet with Mr. Paisley at his convenience to make sure that it is clear and documented in writing. Trustee Chessler stated that if Mr. Paisley is unsure at all of the items that need to be removed from the porch then Mr. Hall and Mr. Weckbacher could come to the residence (with Mr. Paisley’s presence) and point those items out so that there is no doubt about it. Trustee Capaldi stated that there is the question of citation of the law. Mr. Hall stated that he has provided that information to Mr. Paisley and his attorney before but he will provide that information again. Trustee Laubacher stated that from this day forward he does not want to see Mr. Paisley park a vehicle in his front yard. Mr. Paisley stated that it is hard for him to walk long distances some times. Trustee Laubacher stated that he understands that but Mr. Paisley needs to park in the driveway. Mr. Paisley stated that from this point and time he will comply but doesn’t understand why he is being singled out. Trustee Capaldi stated that Mr. Paisley is not being singled out and that if he provided addresses for complaints the Township would assess those the same way.
Mr. Paisley stated that he has obtained permits to build a pole building and he is in compliance with all of Stark County’s codes. Mr. Weckbacher will come out on Friday to inspect where the stakes are to assure compliance with the set backs. Trustee Chessler inquired if it was Mr. Paisley’s intent to let building materials stay on the property in an unconstructed state all through the winter. Mr. Paisley stated that it would just be until the end of the month.
Mr. Paisley stated that the old garage door that he and his son Adam took down is going to be used to make shelves for his pole barn. Mr. Hall stated that he and Mr. Weckbacher would be out to assess the property and speak with Mr. Paisley this week. Trustee Laubacher requested that when Mr. Hall is out at Mr. Paisley’s property that a written paper be drawn up in which could be signed similar to Mr. Slingluff’s property. Mr. Hall stated that he would do that.
Executive Session(s):
Trustee Chessler made a motion that the Board adjourn into executive session pursuant to O.R.C. 121.22 (G) (4) to discuss collective bargaining matters to include the Board, Fiscal Officer, Law Director and Police Chief; Seconded by Trustee Capaldi.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
The Board adjourned into Executive Session at: 8:19pm
The Board adjourned from Executive Session at: 8:53pm
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department: None.
Road Department: None.
Law Director: None.
Adjournment:
With nothing further to come before the Board, Trustee Capaldi made a motion to adjourn the meeting at 8:53pm; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Anna M. Capaldi, President
Joe Schlegel, Fiscal Officer