Regular Meeting
Perry Township Board of Trustees
Regular Meeting
August 2, 2011 at 7:00pm
Pledge of Allegiance:
Excused Absence:
Additions/ Deletions to the Agenda:
Trustee Laubacher asked for there to be an addition to the agenda under communications regarding a letter received from Father Kaylor, Central Catholic High School requesting that the zoning fee be waived for a portable sign.
Trustee Capaldi asked for there to be an addition to the agenda under the Law Director regarding a letter of notification from M&M Royalty regarding proposed drilling of a well in Perry Township.
Trustee Chessler made a motion that the Board add both items to the agenda; one under “Communications” and the other under the “Law Director;” Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Public Hearings/ Invited Guests:
Doug Miller, Central Catholic High School Coach and Team Members- State Baseball Champions- Proclamation Presentation
The Board presented a proclamation to Coach Doug Miller and the Central Catholic Crusaders High School baseball team for their accomplishment of winning the Division III State Championship. Trustee Chessler recommended posting State Championship recognition signage within the Township acknowledging the team’s accomplishment.
Communications:
Letter from Father Kaylor, Central Catholic High School Requesting Zoning Fee Be Waived- Portable Sign
Trustee Laubacher stated that the Board received a letter from Father Kaylor, Central Catholic High School requesting that the zoning fee be waived for a portable sign.
Trustee Chessler made a motion that the Board waive the permit fee that would normally be charged to Central Catholic for a portable sign to be used on their school premises to advertise the booster club steak fry and their welcome back to students; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Letter from M&M Royalty- Proposed Drilling of a Well in Perry Township
Trustee Laubacher stated that the Board received a letter from M&M Royalty regarding the proposed drilling of a well in Perry Township. The map shows that the well is located east of Carmont Avenue; close to Pigeon Run and Kaycrest. Trustee Chessler stated that this is a vertical well and not one of horizontal proposal. There has been much discussion about hydraulic fracking in horizontal wells but this proposed well is vertical. The permit is governed by the Division of Mineral Resources and if everything is in order then they will grant a permit. The Perry Township Board of Trustees is notified because of the close proximity to the Township’s borders. Trustee Capaldi stated that the well is located within the Massillon City Limits.
Public Speaks on Agenda Items Up for Approval:
Renee Bogue, 204 Willow Avenue NE, spoke to the Board regarding the risks associated with horizontal hydraulic fracking. Ms. Bogue stated that she has been going to different Townships educating the Trustees on fracking in the hopes of getting the community to come together to ban fracking.
Township Business Requiring Board Action:
Unfinished Business:
Consider MOU Entering Into an Agreement with Stark County Engineers and Stark County Commissioners to Authorize Hammontree and Associates to Perform Engineering Services for OPWC Project
Mr. Hall stated that he and Administrator Fetzer have both had conversation with Mr. Hanke, Administrator for the Stark County Commissioners. Mr. Hanke has received correspondence from the Stark County Engineer’s Office regarding the Summerdale Drainage project. Mr. Hanke stated that it is his belief that the County Commissioners will be supportive of this project. The concern is that the Commissioner’s do not have money to support the project. Mr. Hanke indicated that the County Commissioners are likely to be supportive of the project and partner with the Board in terms of authority to pursue the project so long as there is an understanding that there is no financial expectation or contribution. If the county sales tax is passed by the voters then the plan may be re-evaluated at that point. Trustee Capaldi asked Mr. Hall if he knew why the Commissioners couldn’t put this matter on their agenda so that something could get done. Mr. Hall stated that he did not know why but he did not specifically ask that question. Mr. Hall stated that if the Board is willing to proceed alone in terms of financial commitment to Hammontree & Associates to design the project and to make the application to OPWC he is certain that he can get the Commissioners to make a resolution in support of the project. Trustee Capaldi inquired if the Board is legally able to proceed alone. Mr. Hall stated that there would have to be more than a “Memorandum of Understanding” (MOU). It would have to be a document where the Commissioners have to delegate and assign the authority to the Board of Trustees to proceed. Mr. Hall stated that he would want to make sure that the agreement says that once constructed all future maintenance and repairs in the future revert back to and is the sole responsibility of the County Commissioners.
Trustee Capaldi inquired if the design of the plan that is being engineered is solely Township related or off road. Mr. Oprisch stated that the storm water system goes down through the allotment. It flows off road to get to, Genoa and under the culvert toward Sippo Lake. Trustee Capaldi stated that even though they may want to the Board may not have the authority to pay for the design services necessary in its entirety. Trustee Chessler suggested drafting a working document with the County Commissioners to determine what needs to be done; between off road problems and what problems effect the Township road ways. This will provide something more concrete as far as what needs to be done and relative responsibilities that way if the Board does decide to do it and money is spent on engineering then there will be an understanding of the framework. Trustee Capaldi stated that she is shaking her head in disgust because the Board asked the Commissioners to formally address this since there is a timeline of September 10. Trustee Capaldi inquired if the Commissioners said no or if Mr. Hanke did not even present this to them. Administrator Fetzer stated that it has not been presented as far as she knows. Mr. Oprisch stated the application can still be made but you score better with plans. Trustee Chessler stated that if the Commissioners are a part of the project then there are points for multi-jurisdictional. Mr. Hall stated that Ms. Sharon Miller, Staff Attorney for Engineer Bennett indicated that this was a County Commissioners project and her understanding was that the County Engineer would be supportive of engineering and designing but not funding. Trustee Capaldi suggested that a small committee made up of a Board member, Law Director and Mr. Oprisch meet with the Commissioners and Mr. Hanke to talk about this matter. Mr. Laubacher asked Mr. Hall if he could arrange a meeting. Mr. Hall stated that he can make that request for this matter to be put on their agenda or to have an informal meeting. Trustee Chessler stated that after the meeting he would like to see an outline of what was discussed so that everyone is on the same page of what was discussed. Mr. Hall stated that he would get in touch with Sharon Miller and Deborah Dawson and asked Administrator Fetzer to get in touch with Mr. Hanke. Trustee Capaldi stated that she does not want the Board to be delegated the authority. Mr. Hall stated that he understands the Board’s direction and he knows how to proceed.
New Business:
Trustee Laubacher made a motion that the Board approve bills in the amount of $106,356.70 for the week ending July 26, 2011 and bills and payroll in the amount of $222,479.56 for the week ending August 2, 2011 for a combined total of $328,836.26; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Mr. Schlegel stated that the 2012 Budget Hearing will be held at the August 9, 2011 Work Session.
Fiscal Officer:
Trustee Laubacher made a motion to approve the minutes from the July 19, 2011 Regular Meeting; Seconded by Trustee Chessler .
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Administration:
Consider Revision of Rotary Donation Resolution from July 19, 2011 Meeting
Administrator Fetzer stated that at the July 19, 2011 Regular Meeting she asked the Board to accept a $3,000.00 donation from Perry Township Rotary for new swings at Summerdale Park. When the check came it was for the entire amount of $3,329.10. Administrator Fetzer asked the Board to revise their previous motion and accept the entire amount of $3,329.10.
Trustee Chessler made a motion that the Board rescind the motion previously passed at the last Regular Meeting for the acceptance of a $3,000.00 donation and include in that motion a companion motion that the accept the full amount of the project which is $3,329.10; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Miller Construction Quote for Updating Electrical at Fasnacht Park Small Farm House
Administrator Fetzer stated that on July 20 she received a phone call from Mark Byrd, contractor at the small farm house at Fasnacht Park. Mr. Byrd advised that he had some electrical concerns to share with the Board. That evening, Trustee Laubacher, Mr. Byrd and Mr. Roger Miller (electrician) met at the small farm house and discussed some futuristic electrical needs. Since then, Mr. Miller has sent a quote with four (4) options regarding the upgrade. Trustee Laubacher stated that Mr. Byrd suggested option three (3). It is more expensive but it is the best way to do the upgrade by moving the box so that the electrical comes in through the west side of the house. The circuit panel would be in the basement directly underneath where it is coming into the house itself. Trustee Laubacher stated that some of the trees would also have to be trimmed to keep them off of the electrical lines. Trustee Capaldi stated that the Board always asks for three (3) quotes. Trustee Chessler stated that he agreed with Trustee Capaldi and inquired what the timeline for this project was and if this was an emergency. Administrator Fetzer stated that she was under the impression that the emergency situation was resolved last week and she would get two (2) additional apples to apples quote comparisons from other electricians. Trustee Capaldi stated that since the tenant farmer is not living in the house yet she would like to put this on the agenda for next week. Trustee Chessler agreed.
Consider Adoption of Anonymous Letter Policy
Administrator Fetzer stated that while she was attending a “Sunshine Law” training session on May 11 one of the topics discussed was through the category of records retention was an anonymous letter policy. Currently, the Township does not have a policy in place regarding anonymous letters. Administrator Fetzer asked the Law Director to draft a policy for the Board to review and consider. Mr. Hall stated that the resolution is a product of what he and Administrator Fetzer put together. Mr. Hall stated that it is his firm belief is that the policy should be established by the Board and not the Law Director and Administrator. Specifically in the draft document that the Board received there are three (3) different proposals. Mr. Hall stated that just because the Board receives a piece of correspondence/ anonymous letter it does not necessarily make it a public record. Public Records are to document the functions, policies, procedures, operations of government. Mr. Hall stated that the question and concern becomes if an anonymous letter is received and it is shredded or thrown out and then five (5) months later someone requests the anonymous letter it becomes a very heavy burden for the Administrator and Fiscal Officer as the Official Records Keeper. If there is a policy in place then it is documented and in compliance with the law.
Trustee Chessler stated that he would probably prefer the second option with some modifications. Trustee Chessler suggested that it be added that the Board or an individual member of the Board have the discretion to request that it be referred to a Department Head for further investigation if someone thinks that it is merited. Trustee Capaldi suggested that this matter be placed on the agenda for consideration next Regular Meeting.
Consider Adoption of Employee Handbook
Administrator Fetzer stated that there have been labor management meetings to draft the employee handbook for distribution. The Department Heads have met to discuss their specific concerns and they are all under agreement of the items and the content. There are a few typos that need to be edited and some articles to discuss with the Fiscal Officer and Law Director to tighten up some loose ends. Trustee Capaldi stated she had discussed some concerns with the Administrator to be clarified within the draft Employee Handbook. The employee handbook should be ready for adoption at the next regular meeting.
Fire Administration:
Consider the Resignation of Part-time Firefighter EMT- B Jeremy Putnam
Chief Martin asked the Board to accept the resignation of part-time firefighter EMT- B Jeremy Putnam effective July 21, 2011.
Trustee Chessler made a motion that the Board accept the resignation of Jeremy Putnam firefighter EMT- B effective July 21, 2011; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider the Purchase of 1,000 First Alarm Smoke Detectors
Chief Martin stated that the Fire Department is asking the Board of Trustees to approve the purchase of 1,000 First Alarm Dual Smoke Detectors from BRK (First Alert). The detectors are $20.80 per unit. Total purchase price is $20,800.00. Chief Martin stated that the Fire Department received a Federal grant in the amount of $76,500.00 that will allow the installation of 4,000 detectors into residences in Perry Township. This is the first part of the purchase and the Township will be reimbursed up to $76,500.00. Three (3) quotes were received and BRK (First Alert) came in the lowest at $20,800.00. Trustee Capaldi inquired what the Township’s portion is. Chief Martin stated that the total amount of the grant was $84,000.00 and the Township’s match is 10% or $8,400.00.
Trustee Chessler made a motion that the Board approve the Chief to proceed with the purchase of 1,000 units of the smoke detectors from BRK First Alert total cost to be $20,800.00 and the Chief and Fiscal Officer can determine the Township’s portion of this payment; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider the Purchase of One (1) Set of Turnout Gear
Chief Martin asked the Board to approve the purchase of one (1) set of turnout gear from Fire Force Incorporated a cost not to exceed $1,480.00. The Board has authorized the hire of Joe DiAntonio to replace Matt Gatchell and per the collective bargaining contract the Fire Department needs to buy Mr. DiAntonio two (2) sets of turnout gear. Three (3) quotes were received and Fire Force Incorporated came in the lowest at $1,480.00.
Trustee Laubacher made a motion that the Board authorize the purchase of one (1) set of turnout gear for Mr. Joe DiAntonio from Fire Force Incorporated at a cost not to exceed $1,480.00; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider the Purchase of Four (4) 800 MHz Multi- Unit Chargers
Chief Martin asked the Board to authorize the purchase of four (4) 800 MHz multi-unit chargers from Motorola Communications from the Ohio State Bid Contract not to exceed $2,621.60. Several years ago the County extended 800MHz radios to many of the Departments in the County. At that point in time they only supplied single desk top chargers. These multi-unit chargers would be kept in the engines so that the 800 MHz radios are in the vehicles at all times.
Trustee Chessler made a motion that the Board approve the purchase of four (4) 800 MHz multi-unit chargers from the Motorola Communications Company on the Ohio State Bid Contract at a cost not to exceed $2,621.60; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Police Department:
Consider Upgrade Service Request for Massillon Cable
Chief Pomesky asked the Board to consider an upgrade in service from Massillon Cable. The Police Department previously purchased the laptops, mounts and several other items for the field based reporting system for the cruisers. Chief Pomesky stated that as part of the programming and setting the system up to function in the field the computers will have to be pointed back to Verizon’s private network and from the private network back to the Police Department. As part of that process it takes a substantial amount of band width and there needs to be an additional static IP address to set the system up. Massillon Cable has been a reliable company. Currently, the Police Department has the Gold Internet Package at a price of $150.00 with one static IP address. To add another IP address to that will take the price to approximately $200.00 per month. In effort to bring everything together with the band width needed as well as the static IP address Massillon Cable is willing to upgrade the Police Department to the Docsis 3 Internet Package at a price of $184.95 per month. That would accomplish both necessities at a lower price.
Trustee Capaldi made a motion that the Board enter into an agreement with Massillon Cable TV for a Docsis 3 Internet Package as outlined in the memorandum provided by Chief Pomesky at a cost of $184.95; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Pradco Training Request
Chief Pomesky asked the Board to consider the proposal for a training workshop and leadership development assessment through Pradco. This comes at a cost of $3,010.00. This training will cover motivation, leadership, work approach, interpersonal styles, decision making and judgment.
Trustee Capaldi made a motion that the Board enter into an agreement with Pradco for the workshop and assessment for a price not to exceed $3,010.00; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Accepting Donation of DARE Vehicle
Chief Pomesky asked the Board to consider a donation of a DARE vehicle. This opportunity would not be possible without people like Steve Toohey, Mr. Rapid and Fred Anania. Mr. Toohey is willing to donate a new DARE vehicle. As the Board is aware the existing DARE vehicle has been taken out of service because it is unsafe. Mr. Toohey is willing to donate the vehicle, graphics and lights needed to replace the vehicle that was taken out of service. The partners for this donation are Rapid Response Restoration, Pro Art Designs, Al Pavy, Harvey’s Auto Sales and Mr. Fred Anania will be doing the paint work. Trustee Capaldi thanked Officer Watson for his hard work and community relations.
Trustee Laubacher made a motion that the Board accept the donation of the 2007 Chevrolet Trail Blazer from Rapid Response Restoration, Pro Art Designs, Al Pavy, Harvey’s Auto Sales and Mr. Fred Anania and authorize the Police Chief to take the steps necessary to transfer the title of the vehicle; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Road Department:
Consider Authorizing Advertising to Bid the TID Grant/ Genoa Avenue SW School Zone Improvement
Mr. Masalko asked the Board to consider authorizing advertising the bid of the TID Grant/ Genoa Avenue SW School Zone Improvement project. The notice to bidders will be advertised August 5 and August 10 in the Canton Repository. The bid opening will be held on August 16, 2011. The Road Department received the TID grant in the amount of $14,400.00. The amount of the project is $36,000.00. The remaining portion after the grant funding will be split between the Township and Perry Local Schools.
Trustee Chessler made a motion that the Board authorize through resolution the notice to bidders and further authorize the Road Superintendent to take the steps necessary to make sure that the bidding requirements including but not limited to the advertisement in the paper is met and also that the Township will accept bids until September 6, 2011 at 7:00pm at the Regular Meeting; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Park/ Recycling:
Law Director:
Steiner Estate Lien Update
Mr. Hall stated that in 2006 the Board had several different property nuisance enforcements actions against Joe Steiner. As the Board is aware, Mr. Steiner is now deceased and his estate is pending. There has been a misimpression that the Township had a lien for the cleanup of Mr. Steiner’s property. Mr. Hall stated that the Township has never had a lien for the cleanup of Mr. Steiner’s property because the property ended up cleaning up the property after they put the property into foreclosure. However, the Board does have a judgment lien from an earlier action before Judge Reinbold 2006. Judge Reinbold found that Mr. Steiner was in violation of both zoning and property maintenance code. A $500.00 civil penalty was ordered and the civil penalty should continue $100.00 per day until Mr. Steiner cleaned up his property. Mr. Steiner did not clean up his property. The Township then filed a second action to enforce that which went before Judge Brown. The Reinbold lien tallied up at that point to $15,300.00; $500.00 was for the initial violation of the residential maintenance code and then $100.00 per day that the violation continued. The Township had a verbal understanding/ agreement with Mr. Steiner that the Board would not enforce the judgment for the $15,300.00 so long as Mr. Steiner took action to clean up his property. Mr. Steiner never cleaned up his property and his home went up for foreclosure. The judgment was then reduced to a judgment lien and placed on record. Mr. Johnson (Steiner Attorney) has sent some correspondence basically stating that the estate has a potential purchaser for the Elmford Avenue property but it will basically cover the mortgage to clear out the estate. Mr. Steiner also owned a parcel in Canton Township and the correspondence indicated that there is an offer to purchase that property as well. Mr. Hall stated that Mr. Johnson has requested that the Board relinquish or release the lien. Mr. Hall stated that in Mr. Johnson’s correspondence to the Board he stated that “it was our impression that you intended for that lien to only be on the property in Perry Township.” However, that is not the present situation. Mr. Hall stated that he agreed that the civil penalty and all of the actions arose out of the Elmford Avenue property but the $15,300.00 penalty has always been referred to as the dangling sword over Mr. Steiner’s head. Mr. Steiner never cleaned up his property.
Mr. Johnson stated that Mr. Hall actively relayed to the Board the circumstances as he understands them. Mr. Johnson stated that he is requesting that the Board release the lien and that there be a filing of the settlement through the court that the matter has been settled to the satisfaction of the Township Trustees. Mr. Johnson stated that they regret that things can’t be made better. The only other option would be to declare the estate insoluble. Trustee Chessler inquired if those were the only two (2) assets listed on the inventory filed in court. Mr. Johnson stated that there are some other assets as well. Trustee Chessler inquired if it was Mr. Johnson’s position that the inventory would reflect that the balance and value of the estate minus the payment of the court costs, attorney fees, judiciary fees and mortgages would yield a negligible amount to be distributed according to the will. Mr. Johnson stated that there was a will and the beneficiaries are the three (3) children. At this time is does appear that there may be some funds for distribution. Mr. Johnson stated that it would be in the interest of the Township to work towards some kind of settlement below $15,000.00. The $15,300.00 represents penalties and additional costs that were imposed because of his actions. This action has since been achieved and the nuisance was abated. Trustee Capaldi stated that it is her recollection of the discussion was the Township was holding this over Mr. Steiner’s head but the Board’s intention was not to collect the money unless they absolutely had to clean it up. This wasn’t to penalize Mr. Steiner but more to encourage him and reimburse the Township for the cost of cleanup. Mr. Johnson inquired if the Township incurred costs for cleanup or was it a result of the bank’s actions. Mr. Hall stated that the default was for the banks action. Mr. Hall stated that he would have to get with Mr. Weckbacher to review the file but there may have been some nominal expenditure of funds. If there was a bill it has probably already been assessed against the tax bill. Once the tax bill is satisfied if there was any assessment it would come back to the Township. Trustee Capaldi added the Law Director and Zoning Inspector’s time. Trustee Laubacher inquired if the property is going to be used as a residence. Mr. Johnson stated that the purchaser is going to use it as a residence. Trustee Chessler stated that the Board doesn’t want to be punitive and take advantage of a situation and it is abundantly clear that the money was to be used in the event that the Township got stuck with the bill which the Township didn’t. If the estate would consider some kind of accommodation perhaps a donation that the Township could use for a good purpose everyone involved could walk away from this situation feeling like it’s the best possible thing. Trustee Chessler suggested that Mr. Hall could speak with Mr. Johnson to negotiate a modest amount.
Trustee Chessler stated that the one problem that he has is that Mr. Hall has stated that a penalty has been imposed and the Board has a right and an obligation to treat Mr. Steiner as they would anybody else. Before that the Board would have to have a compelling circumstance. Trustee Chessler suggested that Mr. Hall meet with Mr. Johnson to try and come up with a figure. It was determined that the amount of $500.00 would be donated to the Township as a good faith settlement by Mr. Miller. Mr. Johnson stated he would provide the check to the Board at the close of the meeting. Mr. Hall inquired what the status of the proposed sale of the two (2) properties. Mr. Johnson stated that they have purchase agreements and they are waiting to get this matter resolved. Trustee Capaldi suggested moving forward with this matter today so that there is not another vacant home in Perry Township.
Trustee Capaldi made a motion that the Board authorize the Law Director to make the necessary entries to release the lien on the Steiner estate as imposed by Judge Reinbold in the amount specified in the court action; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Trustee Capaldi made a motion that the Board accept the $500.00 donation from the estate of Joe Steiner to reimburse the General Fund and use it for park purchases; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Zoning:
Department Matter Not Requiring Board Action:
Administration:
Fire Administration:
Standards of Coverage Presentation- September 13, 2011 Work Session
Police Department:
Road Department:
Park/ Recycling:
Law Director:
Zoning:
Announcements:
Public Speaks- Open Forum:
David Magenau- 214 Roxbury Ave. NW. Mr. Magenau addressed his concerns regarding storm sewer overflow and sewage overflow into their home. The problem began in February this year. Trustee Chessler inquired the Magenau’s purchased the home. Mr. Magenau stated that they purchased the home in May or June of 2009. Trustee Chessler inquired when the house was built. Mr. Magenau stated that he wasn’t sure. Trustee Chessler inquired if when they purchased the home if they received and read the residential property disclosure form and if it mentioned any of the problems Mr. Magenau is describing. Mrs. Magenau stated that she moved into the residence in June 2008 and this is the first time since then that she is experiencing these problems. Trustee Chessler inquired if there was any disclosure to Mrs. Magenau when she purchased the home about the knowledge that the prior owners had about these drainage problems. Mrs. Magenau stated no and that the property was in foreclosure when she purchased the home. Mr. Magenau stated that they only have problems when it rains hard enough for the storm sewer to overflow. Mr. Magenau stated that every time there is a hard rain mulch from Mr. Mulch washes down the street and into the Storm Sewer. Mr. Weckbacher stated that he has been working with Julie Berbari at Stark Soil and Water and Bethany from the Stark County Health Department to remedy this issue. Mr. Weckbacher stated that they gave the property owner a long term plan to put grass and dirt mounds along Lincoln Way. What happens is the water runs off of Lincoln Way and comes across Mr. Mulch’s property and washes the mulch down Roxbury. The Township is currently working with Mr. Mulch to remedy the problem. Trustee Laubacher suggested that the Magenau’s get a backflow preventer. Trustee Capaldi stated that the Sanitary Engineer is suppose to be helping with that. Mr. Magenau stated that the Sanitary Engineer is helping with that. Trustee Laubacher stated that the Ohio Department of Transportation is going to be putting more catch basins in along that section of Lincoln Way to help with storm water management.
Executive Session:
Trustee Chessler made a motion that the Board adjourn into Executive Session pursuant to ORC 121.22 (G) (4) POW collective bargaining to include the Trustees, 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: 8:36pm
The Board adjourned from Executive Session at: 9:01pm
Adjournment:
With nothing further to come before the Board, Trustee Laubacher made a motion to adjourn the meeting at 9:01pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Lee C. Laubacher, President
Joe Schlegel, Fiscal Officer