Regular Meeting
Perry Township Board of Trustees
Regular Meetings
November 20, 2012 7:00pm
Pledge of Allegiance:
Excused absence: None.
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests:
Executive Session(s):
Trustee Chessler made a motion that the Board adjourn into an Executive Session pursuant to ORC 121.22 (G) (1) to include the Board, Fiscal Officer and Law Director; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
The Board adjourned into Executive Session at: 7:02pm
The Board adjourned from Executive Session at: 7:19pm
Communications:
Trapping Request at Fasnacht Farm Park
Trustee Chessler stated that the Board received a request from Mr. Pete Hattery who is seeking permission to engage in trapping on the Fasnacht Farm property. Administrator Fetzer stated that Mr. Hattery had intentions of dropping off a document describing his intention as far as kill/live trap, quantity and location of the traps. Mr. Hattery has requested that the Board table this matter until the first regular meeting in December. The Board agreed. Trustee Haines stated that he is concerned about traps being set up and people’s pets roaming around the property. Trustee Chessler stated that there are several questions that the Board will have to ask regarding this request.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business:
Consider Damage Claim Request at the Yard Waste Station at 1500 Jackson Avenue SW
Trustee Chessler explained that there is a claim made by a Township resident who suffered some vehicle damage while at the yard waste station at the Road Department located at 1500 Jackson Avenue SW. This resident claims the damage was caused by Township equipment/ personnel. Mr. Hall stated that Mr. Donald Jones was at the yard waste station and there is no question that the Recycling employee made contact between the Township’s Bobcat and Mr. Jones’ truck. The bed of the truck did sustain a dent which lines up with the point of contact of the Bobcat. This incident was invested thoroughly by himself, Road Superintendent John Masalko, Park/ Recycling Superintendent Kenny Shreffler, the Police Department and Administrator Fetzer. The Township also received a written statement from Mr. Braddick who is a retired Deputy Sheriff and has a wealth of investigative knowledge.
Mr. Hall stated that Mr. Jones was advised to get two (2) cost estimates for repair of his vehicle. One estimate was $1,700.00 and the other was $3,900.00. Mr. Hall stated that there is still a bit of uncertainty in his mind of whether or not the Township is fully responsible for this claim. The uncertainty comes from the fact that the dent caused by impact is fairly large and supposedly occurred on Friday yet the damage was not reported by Mr. Jones until Sunday. Mr. Hall stated that Mr. Jones was very honest in that he said he did not feel the impact and that when he noticed the damage he thought maybe one of his children borrowed the truck. The Township employee involved admitted that there was a bump in impact and some movement of the truck.
Mr. Hall stated that the bottom line is that the Township’s sovereign immunity under the statute is limited to the amount of Mr. Jones’ deductible. If Mr. Jones were to file a law suit, the most the Township would have to pay is the deductible which is $250.00 or $500.00. Based upon all of the information, this matter falls into the moral obligation category. There is no question that a Township employee was involved. There is no question that impact between the vehicles took place. Mr. Hall stated that this matter is well within the Board’s discretion to deny or approve the claim.
Trustee Chessler stated that he feels that Mr. Jones should be notified and made aware of what Mr. Hall has advised the Board. Mr. Jones should then submit verification of what his insurance deductible is so that the Board can consider the claim as a moral obligation. Trustee Chessler stated that Mr. Jones needs to know that the Township’s exposure of liability is limited to that and that the Board may or may not engage in a moral obligation.
Mr. Hall stated that in investigating this matter, Mr. Jones truly believes that the damage occurred when the Bobcat made impact with his vehicle. In looking at the pictures of the damage, the point of impact lines up perfectly. Trustee Haines agreed. Mr. Hall stated that the point of impact is located at the softest side of the truck so even though the impact felt minimal there was a larger result. Trustee Chessler thanked Mr. Hall for his explanation of the circumstances. Trustee Chessler stated that he has known Mr. Jones for a long time due to his involvement with the Township and even though there was a gap in time all of the other pieces of the puzzle connect. Trustee Haines stated that he questioned this matter at first but after comparing the points of impact and collecting all of this information he believes that this incident happened and is in favor of paying the deductible. Trustee Laubacher stated that he also questioned this matter at the beginning but now agrees that the Township needs to pay the deductible. Trustee Haines stated that he is unsure of why the Bobcat was so close to the vehicle anyways and inquired if the Board needed to revise a policy that prohibits the Bobcat from being so close to vehicles coming in for drop off. Trustee Laubacher stated that typically the vehicles drop their yard waste off onto the cement and then the Bobcat picks up the pile and takes it where it needs to go. Trustee Haines stated that he feels it is safer if the Bobcat picks up the yard waste off of the cement rather than approaching the vehicles. Mr. Hall stated that he didn’t feel as if the employee should be reprimanded but should be given a verbal counseling. Mr. Hall agreed that a policy should be adopted stating that the Bobcat is not to unload yard waste from the vehicles.
Trustee Chessler made a motion that the Board authorize the Administrator to contact Mr. Jones and have him provide proof of the deductible that was in affect at the time and then the Board will approve the request to reimburse him for the deductible; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
New Business:
Trustee Laubacher made a motion to approve bills and payroll in the amount of $162,743.78 for the week ending November 20, 2012; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Fiscal Officer:
Trustee Chessler made a motion to accept the minutes of the November 6, 2012 Regular Meeting and November 13, 2012 Work Session; Seconded by Trustees Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Administration:
Consider Authorization of Street Closing for the Perry Rotary Turkey Trot as Authorized by ODOT Concerning SR 172 from Saratoga Avenue to Delverne Avenue
Trustee Chessler stated that the Board has been requested by the Ohio Department of Transportation (ODOT) to consider and concur with the authorization of street closings for the Perry Rotary Turkey Trot on SR 172 from Saratoga Avenue to Delverne Avenue. The road closure is scheduled for Thursday, November 22, 2012 from 7:30am to 10:00am.
Trustee Chessler made a motion that the Board approve and concur with the request from the Ohio Department of Transportation (ODOT) in conformity with the guidelines and requests that have been previously outlined and also communicate concurrence to ODOT and the Chairman of the Perry Rotary Club; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Fire Department: None.
Police Department:
Consider Masonry Repairs to Exterior of Building and Renovation of Roll Call Room
Chief Pomesky stated that he is asking the Board to consider two (2) renovation projects at the Police Department. The first project is located at the southwest corner of the building. The split faced concrete block has cracked and gives the appearance that it may potentially fall off of the corner of the building. At first it looked as if the problem was caused by water damage. After speaking with several contractors it appears that there is an issue with settling on the southwest corner of the building.
Chief Pomesky stated that his request is to repair the southwest corner of the building. There is also a secondary issue of whether or not to seal the split faced blocks to water proof them but due to the time of year this issue is better to be held off until the spring when the temperature will be conducive to applying that product. Chief Pomesky stated that his recommendation at this time is to repair the southwest corner of the building and has obtained four (4) quotes.
|
Company |
Quote |
|
Tab Construction |
$1,977.00 |
|
Blythe Construction |
$275.00 |
|
Riggs Construction |
$2,368.39 |
|
Construction |
Did not submit. |
Chief Pomesky stated that after reviewing the proposals to repair the southwest corner he would recommend Riggs Construction at a cost not to exceed $2,368.39. Riggs Construction is going to replace the block with a product similar, if not matching what the building currently has. By replacing the block, it will prevent the current block from falling off. The other proposals were suggesting to caulk the problem area which may not hold off the water over the winter time.
Chief Pomesky stated that the second project is the renovation of the storage closet in the records room. This storage closet will be converted into a storage closet for the officer’s equipment and training supplies. Currently, the officers have a small roll-call room and there is an increased need to be able to put supplies in a closet so that it is accessible and located in a centralized area. The roll-call room is carpeted and the seams are coming apart. The Board has received photographs of the current conditions of the carpet. Chief Pomesky stated that it is his recommendation to replace the flooring with Johnsonite 24” rubberized flooring which would match the flooring that is currently in the hallway. Being that this is a highly traveled area and the officer’s are wearing boots the rubberized floor holds up very well given the conditions. Chief Pomesky stated that he tried to obtain four (4) quotes.
|
Company |
Quote |
|
FM Jasper Construction |
Did not submit. |
|
Lavallee Construction |
Did not submit. |
|
Blythe Construction |
$5,287.09 |
|
Riggs Construction |
$3,995.56 |
Chief Pomesky stated that based upon the proposals provided he would recommend Riggs Construction as they provided the lowest quote for the renovation. Trustee Laubacher inquired why Chief Pomesky didn’t recommend Tab Construction for the first quote since they were lower than Riggs Construction. Chief Pomesky stated that Tab Construction was only proposing to apply a sealant to the block instead of repairing it. Trustee Haines confirmed that Riggs Construction was proposing to grind out the current block and replace them with new. Chief Pomesky stated that was correct. Trustee Haines inquired about sealing the building. Chief Pomesky stated that sealing should definitely be considered but currently we are outside the temperature threshold to consider that at this time.
Trustee Chessler made a motion that the Board accept the bid and approve entering into an agreement with Riggs Construction for a cost not to exceed $2,368.39 for what was described as project #1- replacement of concrete blocks and a cost not to exceed $3,995.56 for what was described as project #2- renovations to the storage closet in the roll-call room; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Consider Emergitech Annual Maintenance Agreement
Chief Pomesky asked the Board to consider the annual Emergitech support maintenance agreement at a total cost not to exceed $4,836.21. The Police Department has used Emergitech since 1998 for the records software. Emergitech currently holds all of the department’s criminal reports, incident reports and accident reports. This contract includes all of the software updates and enhancements put out annually, access to the help desk, access to field service personnel, access to support web portal, monitoring of the open search orders and discounts on training classes and webcasts. Emergitech is an essential product for the Police Department to maintain and without the support the system could risk failing. Chief Pomesky recommended that the Board approve the expenditure to renew the annual agreement with Emergitech.
Trustee Laubacher inquired if the annual fee is the same every year. Chief Pomesky stated that the annual fee does go up a little bit each year. The Police Department has also added more terminals with the laptops that are used out in the field. Chief Pomesky explained that this is not something that he can obtain multiple quotes for because they are locked in and committed with the records entry. It would take a total software switch to go in a different direction.
Trustee Chessler made a motion that the Board enter into an agreement to authorize the annual support maintenance agreement with Emergitech at a cost not to exceed $4,836.21; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Road Department:
Update of District 19 Summerdale Storm Sewer Grant Status
Mr. Masalko stated that right now the Township is on the bubble. The project did get funded $447,000.00 which is a little over half is what is needed for this project. The scores were cut off at 62. The Township scored 61. Canton dropped their 53rd Street Reservoir project and upped their 41st Street storm sewer project because they were able to add two (2) points to the health and safety portion of the grant. Mr. Masalko stated that the plan is to continue to move forward. This is a similar situation as to what happened with the Crescent Gardens project. Mr. Masalko suggested waiting until June 30 to see what monies are coming in from North Canton and Canal Fulton. Trustee Laubacher explained that the projects in North Canton and Canal Fulton by District 19 did not use all of their money. There is still a very good chance that the Township could get the money needed to do the project.
Law Director: None.
Zoning:
Consider Approval of August- November Assessments to be Certified to the Stark County Auditor
Trustee Chessler stated that Mr. Weckbacher has provided a spreadsheet regarding the assessments from August – November to be approved by the Board and sent to the Stark County Auditor. Mr. Weckbacher stated that Mr. Lattimer on Eden has requested more time to comply with the violation notifications as he was on vacation and had a stroke. Mr. Lattimer stated that he will pay the fee for the grass violations but inquired if the Board would consider waiving the administrative fee. Trustee Chessler verified that Mr. Lattimer of 249 Eden had two (2) $190.00 assessments, $40.00 for the mowing and the $150.00 for the administrative fee. Mr. Weckbacher stated that was correct. Trustee Chessler inquired if the Board had waived this fee in previous cases. Mr. Hall stated that the Board does have the authority to waive the administrative fee but the minutes should reflect the specific extenuating circumstances. Mr. Weckbacher stated that there was another request from a resident who was out of the country and was unable to comply with the violation notices. This resident is requesting that the fees be waived all together. Trustee Haines stated that the resident was called into active duty three times during this period and stated that the least the Board could do is waive the administrative fees. Mr. Weckbacher stated that the resident actually thought that he had lost the house and that the bank took it back. Trustee Chessler stated that he would be in favor of Mr. Lattimer’s request for a payment plan. Trustee Laubacher agreed. Trustee Haines stated that he was in favor but felt that there should be a deadline of forty-five (45) days.
Trustee Chessler made a motion that the Board approve the request of the Zoning Inspector and authorize him to take the steps necessary to convey the assessments listed in the documents received to the Stark County Auditor with the exception of the two (2) assessments for Ronald Lattimer in which the Board is waiving the administrative fee ($150.00 each) but expect payment in the amount of $80.00 to be paid within forty-five (45) days of notification and the assessments for Gregory Guest will be removed as well and will waive the administrative fee but will still be obligated to pay $120.00 within forty-five (45) days of notification; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Parks/Recycling: None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department:
Submission of October Statistics
Road Department: None.
Zoning: None.
Law Director: None.
Upcoming Events:
A. Perry Rotary Turkey Trot- November 22, 2012 from 8:30 to 10:00am- 5k Race and 1.2 Mile Walk. Registration begins at 7:00am- Location: Central Catholic High School
B. Perry Township Business Exchange- After Hours Event- December 4, 2012- Location: Falcones Tavern, 5029 Tuscarawas West from 6:00pm- 9:00pm- Silent Auction: All proceeds Benefit Perry Helping Perry.
Public Speaks-Open Forum:
G.M. Chambers- 4080 Richmont St. SW Drive. Mr. Chambers explained his past experiences with the Township regarding the property he owns on 18th Street. Trustee Chessler explained that the Township has a written set of rules or “commercial codes” which applies to everyone in Perry Township. The Board is duty bound to enforce the rules with Mr. Chambers and his property just as they are to everyone else. Trustee Chessler explained that the Board received complaints about Mr. Chambers’ property on 18th Street and when that happens the rules that are in place are applied. Each property owner is given a reasonable opportunity to comply and to get rid of the conditions that are in violation. If the property owner does not comply, then the Township has an attorney that takes the case to a judge who will make the decision on what is appropriate. Trustee Chessler stated that he doesn’t want to hear about what happened decades ago under another Board of Trustees. Mr. Chambers inquired if he has to put a roof on the building on his property. Trustee Chessler inquired if there was a list of all of the violations that need to be fixed. Mr. Weckbacher stated that he doesn’t have a list but he could put one together for Mr. Chambers so that he knows everything that needs to be fixed up. Trustee Chessler explained to Mr. Chambers that he will be receiving a list from Mr. Weckbacher regarding all of the violations that need fixed or repaired. The Board will then give Mr. Chambers an opportunity to clean up, fix or repair those items on the list to bring them up to code. Mr. Chambers stated that the state overrides the Township and the state says that the Township has no right to tell him how to build that. Trustee Chessler stated that the state says no such thing. The state requires certain things and the state allows the Township to require certain things. Mr. Chambers stated that he has a similar situation with a property he owns on Southway. Trustee Chessler stated that the same codes are enforced there as well. Mr. Chambers stated that he has a piece of equipment on his property that the Township wants moved but feels that as a property owner he has the right to have it there. Trustee Haines inquired if there is something that says the equipment has to be operable. Mr. Chambers inquired if the Board wanted to see the piece of equipment fired up or moved a couple feet every so often. Mr. Hall stated that he has known and worked with Mr. Chambers in the past. The collapsed roof of the building does not turn those four (4) walls into a fence and there is not one (1) judge that would call that a fence. Mr. Hall stated that as far as the piece of equipment, this property is zoned industrial. If the piece of equipment is of value, is not scrap or junk then that by itself is not a clear violation. Mr. Hall stated that he will report to the Board prior to the first meeting in December with firm recommendations and there will either be an agreement or there will be a recommendation for enforcement.
Adjournment:
With nothing further to come before the Board, Trustee Laubacher made a motion to adjourn the meeting at 8:08pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Craig E. Chessler, President
Joe Schlegel, Fiscal Officer