Regular Meeting

20110906

Regular Meeting

Perry Township Board of Trustees

Regular Meeting

September 6, 2011 7:00pm

Call to Order/ Pledge of Allegiance

7:00pm- Bid Openings for the Genoa 13th Street School Zone Improvements

Company

Bid Amount

Linward Electric Inc.

*bid bond received

$81,741.55

Trustee Chessler made a motion that the Board table the bids for further review by the Law Director, Road Superintendent and representative from Hammontree & Associates; Seconded by Trustee Capaldi.

ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.

Excused absence:

Scott Weckbacher, Zoning Inspector- Stark County Regional Planning

Additions/Deletions to Agenda: None.

Public Hearings/Invited Guests: None.

Communications:

Annexation Notice Provided by Rick Flory Regarding Public Hearing Set for November 15, 2011 at 5:30pm at the Perry Township Hall

Trustee Laubacher announced that the Board received annexation notice provided by Rick Flory regarding a public hearing set for November 15, 2011 at 5:30pm at the Perry Township Hall.

Trustee Chessler requested that the September meeting schedule be changed as he will be out of town on September 20, 2011. September meeting schedule will be revised to the following: September 13, 2011 Work Session and September 27, 2011 Regular Meeting. No meeting will be held on September 20, 2011.

Trustee Capaldi inquired if the Board of Trustees would have to call a public meeting for the hearing on September 15, 2011 if more than one (1) Board member will be in attendance. Mr. Hall stated that there is no need to call a public meeting for this hearing since the Board will not be taking action. The purpose of the hearing is for the Board to state their position and argue their opposition to the annexation. Trustee Chessler inquired if Mr. Hall would be able to articulate the Board’s opposition to the annexation. Mr. Hall stated that was correct and he will be in attendance at the hearing.

Public Speaks on items up for Board Approval: None.

Township Business requiring Board Action:

Unfinished Business:

New Business:

Trustee Laubacher made a motion to approve bills in the amount of $87,389.48 for the week ending August 23, 2011, bill and payroll in the amount of $622,386.27 for the week ending August 30, 2011 and bills in the amount of $18,390.68 for the week ending September 6, 2011 for a combined total of $728,166.43; Seconded by Trustee Capaldi.

ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.

Fiscal Officer:

Consider Adoption of PERS Resolution for Service Time Purchased

Mr. Schlegel stated that he has spoken to the Board regarding an employee that requested to purchase the service time using payroll reduction as tax exempt. After contacting PERS several times, it was determined that this could be done but the Board needs to pass a resolution. This is at no cost to the Township. Trustee Chessler asked Mr. Hall if he could use the model resolution to adapt it to the Township’s needs. Mr. Hall stated that he would do that. Trustee Chessler asked Mr. Schlegel if it was his recommendation to the Board to adopt this resolution. Mr. Schlegel stated yes.

Trustee Chessler made a motion that the Board adopt a resolution authorizing Perry Township to implement a plan to allow the purchase of additional service credit tax deferred by payroll deduction; Seconded by Trustee Laubacher.

ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.

Trustee Capaldi made a motion to approve the minutes from the August 16, 2011 Regular Meeting and August 30, 2011 Special Meeting minutes; Seconded by Trustee Chessler.

ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.

Administration:

Consider Additional Electrical Work for Small House at Fasnacht Park

Administrator Fetzer stated that Trustee Laubacher noticed that one of the original requests that should have been on the RE Miller electrical quote was accidentally left off of the quote. The Board received a document to include the additional work in the amount of $525.00. Mr. Mark Byrd exchanged the half inch copper pipe to a one (1) inch copper pipe in the basement in additional to the CVS plumbing pipe as a gift to the Township.

Trustee Laubacher made a motion that the Board pay for the additional work of $525.00 to Abbott Electric to finish the project at Fasnacht Farm house; Seconded by Trustee Chessler.

ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.

Fire Department:

Consider the Purchase of One (1) Set of Firefighting PPE

Chief Martin asked the Board to consider the purchase of one (1) set of firefighting personal protective gear from Fire Force Inc. at a cost not to exceed $1,500.00. At the last regular meeting, the Board hired a part-time firefighter and he will need to provided with this gear. Chief Martin stated that he provided the Board with four (4) quotes and Fire Force Inc. was the lowest quote.

Trustee Chessler made a motion that the Board authorize the purchase of one (1) set of firefighting personal protective gear from Fire Force Inc. at a cost not to exceed $1,500.00; Seconded by Trustee Capaldi.

ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.

Consider the Adoption of a Policy Prohibiting Civilian Riders in Fire Department Apparatus

Chief Martin stated that he provided a memorandum to the Board regarding the possible adoption of a policy that would prohibit civilian observers/ riders in Fire Department apparatus. From time to time the Fire Department gets requests from civilians who want to ride along in a fire apparatus to observe what goes on out on a scene. Chief Martin stated that he drafted a memorandum stating the risks and benefits to such a program. Chief Martin stated that he is not a big advocate of civilians riding along because of a number of reasons to include injury and infectious diseases. If the Board chooses to adopt a policy that would allow civilian observers, Chief Martin recommended that a committee be put together a written comprehensive policy that spells out exactly what qualifications a rider should have, what they would do and what kind of protections would be necessary. Currently, there is no written policy. A written policy would protect the Township from any type of liability. Trustee Capaldi inquired if there are any other political subdivisions that allow civilian riders. Chief Martin stated that his research indicated that there are some communities that allow civilian riders that have very comprehensive written policies. There are some communities such as Plain Township that does not allow civilian riders.

Chief Martin stated that civilians are allowed to come to the Fire Stations and observe what the firefighters are doing but they are not allowed to ride in the apparatus. Ninety percent of the Fire Department runs are emergency mode and the second highest cause of line of duty deaths for firefighters are motor vehicle accidents. The Fire Department also deals with HIPPA which is protected health information and patients have a reasonable expectation of privacy. Trustee Capaldi inquired if civilians riders would exclude any student contracted from Stark State to fulfill their certification hours. Chief Martin stated that was correct and the contract with Stark State involves students who have received the proper training and knowledge. Those students are assigned certain specific skills that they are there to practice. The students are not just there to watch what goes on and they understand all of the HIPPA regulations. Mr. Hall stated that though it is possible to attempt to address the privacy and liability concerns with waivers and confidentiality agreements there are better venues for the public to learn and observe such as Fire Safety Day and open houses. Trustee Chessler stated that based on the discussion and recommendations the Board is declining to adopt a policy allowing civilian riders. Mr. Hall stated that Chief Martin should formalize the departmental policy that the public shall not be permitted to participate in ride alongs. Chief Martin stated that he even has concerns with non Fire Department employees that are riding because of HIPPA. Chief Martin stated that he is fine with the Board drafting a memorandum that requires a non Fire Department employee to go through certain levels of training and vaccinations. At least those riders are employees and the Township has some liability protection in that they are covered under current liability policies. Trustee Capaldi stated that the Board should adopt something that outlines prohibition of civilian riders and that Township employees or officials shall ride at the Chief’s discretion. Chief Martin stated that he will draft a policy for the Board to approve at the next regular meeting.

Police Department:

Consider the purchase of Verizon Air-Cards

Chief Pomesky stated that he provided the Board with a memorandum and some pricing for the air cards for the field based reporting initiative. Chief Pomesky asked the Board to approve the purchase of seven (7) air cards at a price of $42.99 per month with an unlimited data plan. Trustee Capaldi asked Chief Pomesky to call around to get competitive pricing and the Board can reserve the right to take action at the next work session.

Trustee Chessler made a motion that the Board table consideration of Verizon air cards until the Chief provides the Board with additional pricing information; Seconded by Trustee Capaldi.

ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.

Road Department:

Consider Authorizing the Road Department to Bid the Center Line and Edge Marking of Various Township Streets

Mr. Masalko stated that the Road Department is asking for the Board’s authorization to solicit for quotes for the center line and edge marking of various Township streets. Ohio Revised Code (ORC) 5705.01 states that since the price is under $45,000.00 it does not have to be advertised. Mr. Masalko stated that the Road Department is planning on sending out the bid packets to the companies that bid last year.

Trustee Chessler made a motion that the Board authorize the Road Superintendent with the assistance of the Law Director to solicit quotes for the center line and edge marking of various Township streets; Seconded by Trustee Laubacher.

ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.

Consider Emergency Pipe Repair at Summerdale and Partridge Street and Authorize the Road Department to Apply for OPWC Grant

Mr. Masalko asked the Board to consider the emergency pipe repair at Summerdale and Partridge Street and authorize the Road Department to apply for the Ohio Public Works Commission (OPWC) grant. Mr. Masalko stated that he provided the Board with several pictures of the damaged pipe and surrounding areas. Hydraulics Engineer, Gary Connor facilitated the repair. Mr. Connor is volunteering to complete the installation of the new pipe if the Township would pay for the pipe. The Township would have to pay for approximately one hundred and eighty (180) feet of pipe. Trustee Chessler stated that he went out to assess the area last week and in this instance it appears that there are problems that should be divided into several segments. The most critical one is located in Mr. Flarity’s yard and on Partridge and Summerdale. The Road Department has already fixed two (2) sink holes and there is another area of depression and it seems as though there is water getting under the surface of the roadway threatening the integrity of the roadway. Trustee Chessler stated that he feels very comfortable in what the Township is doing in eliminating or addressing up/ down stream problems for the primary purpose of protecting the roadway and alleviating sinks holes. Trustee Chessler stated that he is in full support of completing this emergency repair now and as funds allow and as the Township can enter into agreements with the County and the Engineers Office to address the other problems in segments.

Trustee Capaldi inquired if the OPWC application would be for engineering services for the Summerdale Improvement project. Mr. Oprisch stated that engineering would be included in the application. Trustee Chessler inquired how long after the application is submitted is the scoring and the ranking. Mr. Oprisch stated that it is usually near the first of December before they come out with the scores. Trustee Laubacher inquired what the earliest start date would be for this project. Mr. Masalko stated that after speaking with Gary Connor he determined it would be approximately late October/ early November before the project could get started. Trustee Laubacher inquired what the approximate cost of the project would be. Mr. Masalko stated that the pipe is $85.00 per foot and approximately 180 feet is needed. Trustee Chessler stated that the cost would be approximately $15,300.00. Mr. Masalko stated that if aggregate is included it will be around $20,000.00. Trustee Capaldi inquired if that money was available in the Road Department budget. Mr. Masalko stated that he spoke with Mr. Schlegel who indicated that the money is in there. Mr. Schlegel asked Mr. Hall to explain that this project is a legal expenditure. Mr. Hall stated that this clearly is a road related project because the water is flooding under the road surface and therefore this is a lawful expenditure.

Trustee Laubacher made a motion that the Board authorize the Road Superintendent to spend up to $20,000.00 for 60″ pipe and aggregate to perform the emergency pipe repair at Summerdale and Partridge street; Seconded by Trustee Chessler.

ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.

Trustee Chessler made a motion that Board authorize the Township through the Road Superintendent to take the steps necessary to submit an application for the Ohio Public Works Commission (OPWC) funding on behalf of the Township for the drainage project that has been referred to as the Summerdale/ Partridge Project; Seconded by Trustee Capaldi.

ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.

Consider Agreement Between Canton Township, Perry Township and the Edward C. Levy Company for the Improvement, Reconstruction and Widening of Whipple Avenue SW

Mr. Masalko asked the Board to consider the agreement between Canton Township, Perry Township and the Edward C. Levy Company for the improvement, reconstruction and widening of Whipple Avenue SW. Mr. Hall stated that the total project cost is less than $45,000.00. Canton Township decided that it was not necessary to move the utility poles therefore the cost has come down since the original estimates were given. Mr. Hall asked the Board to approve this project as a three (3) way split. Perry Township’s cost will be not to exceed $15,000.00. Mr. Hall stated that the agreement content includes that the cost will be split into thirds not to exceed $15,000.00 and the informal sharing of responsibilities for Whipple Avenue NW and SW.

Trustee Capaldi made a motion that the Board of Trustees enter into an agreement for the road repair and maintenance with the Canton Township Board of Trustees, the Perry Township Board of Trustees and the Edward C. Levy Company for Whipple Avenue SW repairs and maintenance at a cost not to exceed $15,000.00; Seconded by Trustee Chessler.

ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.

Consider Quote for Central Catholic Baseball State Championship Signage

Mr. Masalko asked the Board to consider the quote received for the Central Catholic Baseball States Championship signage. Three (3) quotes have been obtained for the Board’s consideration.

Trustee Capaldi made a motion that the Board enter into an agreement with Red Zone Signs to purchase ten (10) 24″x24″ signs memorializing the Central Catholic Boys Baseball State Championship Division III 2011 at a cost of $320.00; Seconded by Trustee Chessler.

ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.

Law Director: None.

Zoning: None.

Parks: None.

Executive Session(s): None.

Department Matters Not Requiring Board Action:

Administration: None.

Fire Department: None.

Parks/Recycling: None.

Police Department:

Submission of July Monthly Statistics

Road Department: None.

Zoning: None.

Law Director: None.

Announcements:

A. Stark County Health Department Mosquito Spraying Schedule- Spraying will take place after 8:00pm on the scheduled dates. In case of rain, high winds or cold temperatures spraying will be postponed. Persons who suffer with respiratory ailments may vacate the area. Beekeepers should take the necessary precautions to protect their hives.

1. Perry Township- Wednesday, September 7, 2011 North Boundary 20th Street NW, South Boundary is 4th Street NW, East boundary is Canton City Limits and West boundary is Perry Drive.

2. Perry Township- North boundary is Route 30 and South boundary is Fohl Street, East boundary is Stump Avenue and West boundary is Massillon City Limits.

B. September Meeting Schedule: Work Session September 13 and Regular Meeting September 27. No Meeting on September 20.

Public Speaks-Open Forum: None.

Adjournment:

With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 8:09pm; Seconded by Trustee Capaldi.

ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.

Lee C. Laubacher, President

Joe Schlegel, Fiscal Officer