Regular Meeting
Perry Township Board of Trustees
Regular Meeting
June 21, 2011 7:00pm
Call to Order/Pledge of Allegiance:
Excused absence: None.
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests:
Recognition of Distinguished Community Service
Trustee Laubacher stated that the Board wanted to take the opportunity to recognize an exceptional service that was given on May 30, 2011 by members of the Perry Township Police Department and the Perry Township Fire Department by announcing the following statement. On Monday, May 30, 2011 an 83 year old Korean War Veteran, James Catron, was attempting to replace the tattered American flag atop of his twenty (20) foot TV tower. Unfortunately, while strapped to the tower Mr. Catron suffered a fatal event. Members of the Police and Fire Departments removed Mr. Catron from the tower and transported him to the hospital. Members of the Police and Fire Departments then returned to the residence and finished the job that Mr. Catron started. The American flag was replaced and raised. Someone once said “the choices we make in critical moments help to form us and inform others about who we are. It is those defining moments that shine the spotlight on us. Our character isn’t made at that time. It is displayed at that time.” Trustee Laubacher stated that when he thinks of what these men did he thinks of words like compassion, values, loyalty to duty, commitment, courage, attitude and unselfishness. Tonight the Board would like to honor a number of members from the Police and Fire Departments:
Deputy Chief Larry Sedlock
Assistant Station Chief Mark Baker
Captain Mike Turner
Fire Medic Rick King
Fire Medic Ron Riggs
Fire Medic Marc Taylor
Sergeant Frank Hamilton
Communications:
Mr. Dunn- Requesting “No Dumping” Signs on Bramblebush
Trustee Laubacher stated that the Board received a letter from Mr. Dunn requesting “No Dumping” signs on Bramblebush. Trustee Capaldi inquired if the Township has the resources to make the signs in house. Mr. Masalko stated that the Township does have the resources to make the signs in house. Trustee Capaldi stated that the wish is to deter people from dumping in this area. Mr. Weckbacher provided pictures to show the Board the dumping that has already taken place.
Trustee Chessler made a motion that the Board authorize the placement of an appropriate number and location of “No Dumping” signs at the intersection of Bramblebush and Roanoke, or near there as conspicuous as necessary to give the public notice of no dumping; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action:
Unfinished Business:
Consider Discussion of Communications Committee- Next Steps
Trustee Capaldi stated that the Board received the packet of information and has had some time to digest it. Trustee Capaldi suggested that the Board and Department Heads discuss this matter further at the August work session. The rest of the Board and Department Heads agreed.
Consider Rescheduling July Meetings
Meetings for July 2011 will be held: Regular Meetings July 12 and July 19. No work session.
New Business:
Trustee Laubacher made a motion to approve bills and payroll in the amount of $205,417.61 for the week ending June 21, 2011; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Fiscal Officer:
OPERS Inquiry of Michael P. Ifantiedes
Mr. Schlegel stated that Mr. Ifantiedes use to work part-time for Perry Township back in the late 1970’s and early 1980’s. Mr. Ifantiedes is trying to get credit for the time that he worked. Mr. Ifantiedes called Mr. Schlegel to find records from his employment. Mr. Schlegel stated that they do not have payroll records because the Township is not required to keep them that long but the past minutes show where Mr. Ifantiedes was hired by the Board. The question was weather or not Mr. Ifantiedes paid into OPERS. Mr. Schlegel stated that back in those days the employee had the option of paying into OPERS or Social Security. Mr. Ifantiedes provided copies of pay stubs to Mr. Schlegel. Mr. Schlegel stated that after speaking with OPERS, if Mr. Ifantiedes did not sign a waiver denying OPERS then he is entitled to OPERS. Mr. Schlegel stated that after looking at the pay checks the code reads “01-F” which is a part-time park employee which remains the same code today.
Mr. Schlegel stated that right now the Township has to pay back the Township’s portion and Mr. Ifantiedes portion of OPERS. The Township currently has a credit with OPERS that will cover the fine and payback. This will cost approximately $7,000.00. There will be no Township funds expended due to the credit with OPERS. Mr. Hall stated that it is his opinion that the Fiscal Officer can make this adjustment because it is required by law and would have been required by law by his predecessor. However, for the purpose of future audits, clean minutes and future record a resolution accepting this and authorizing the deduction to be made from the credit that is on deposit with OPERS would be appropriate.
Trustee Chessler made a motion that the Board ratify the recommendations and findings of the Fiscal Officer to grant or acquiesce an offset of the Township’s existing credit to pay the OPERS contribution owed by Perry Township for Mr. Michael Ifantiedes for his service with Perry Township; 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 June 14, 2011 Work Session minutes; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Administration:
Consider Retirement of Tom Tasker, Parks and Recycling Employee
Mr. Tasker was a member of the Parks and Recycling Department for the last sixteen (16) years and was unable to be in attendance this evening to receive his plaque. Mr. Tasker has submitted his letter of retirement effective June 30, 2011.
Trustee Capaldi made a motion that the Board accept the resignation of Mr. Tom Tasker effective June 30, 2011; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Tenant Farmers Requests of Internal Structure Improvements of Small Farm House
Administrator Fetzer stated that the Board has received an additional request from the tenant farmer for minor improvements to the small farm house including two (2) CGFI outlets in the kitchen and downstairs bathroom, one (1) garage door opener, one (1) garage door spring/ adjustment, and one (1) downstairs bathroom fan. Administrator Fetzer stated that she has received a quote for $7,650.00 for labor, parts and materials, which includes all previously requested improvements to the small farm house. Trustee Capaldi inquired if this quote was comparable to the quotes that were received last month. Administrator Fetzer stated that was in addition to the previous quotes. Trustee Capaldi stated that the Board originally received three (3) quotes from three (3) different vendors. Administrator Fetzer stated that Mr. Bender spoke with Mr. Mark Byrd yesterday and she can only assume from the other quotes that were much, much higher than this independent quote. Administrator Fetzer inquired if the Board preferred two (2) additional quotes. Trustee Capaldi stated that she just wanted to confirm for the record that Mr. Byrd’s quote for work is less than the other quotes received. Administrator Fetzer stated that was correct. Trustee Capaldi inquired if the cost of this comes out of the park fund since the tenant farmer isn’t doing any of the work. Administrator Fetzer stated that Mr. Bender is under the impression that he will pay for the work in advance and will be credited for it through his monthly rent.
Trustee Capaldi made a motion that the Board approve the requested improvements to be made at the small farm house at Fasnacht Farm to be paid for by the tenant farmer whose rent will be reduced by the amount of the costs which is $7,650.00; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Fire Department:
Consider Accepting the Resignation of Part-time Fire Medic Marc Taylor
Chief Martin asked the Board to accept the resignation of part-time Fire Medic Marc Taylor. Mr. Taylor is getting married and has found full-time employment in South Carolina. Mr. Taylor has been with Perry Township since June 16, 2004 and has been an outstanding employee. His last day will be July 12, 2011.
Trustee Chessler made a motion that the Board accept the resignation of Firefighter Marc Taylor effective July 12, 2011 for the reasons stated by the Chief and letter tendered to the Board; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Accepting the Resignation of Full-time Fire Medic Matt Gatchell
Chief Martin asked the Board to accept the resignation of full-time Fire Medic Matt Gatchell who has been an excellent employee. Mr. Gatchell has been hired full-time at Jackson Township Fire Department.
Trustee Laubacher made a motion that the Board accept the resignation for full-time Fire Medic Matt Gatchell effective June 22, 2011; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Hiring Matt Gatchell as a Part-time Fire Medic
Chief Martin asked the Board to consider hiring Matt Gatchell as a part-time employee with the Perry Township Fire Department.
Trustee Chessler made a motion that the Board hire Matt Gatchell effective as his schedule allows as a part-time employee with the Perry Township Fire Department to include all benefits afforded to other part-time employees and waive the probationary period; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider the Purchase of Search and Rescue Items from Rescue Tech 1
Chief Martin stated that the Fire Department is requesting that the Perry Township Board of Trustees authorize the expenditure of no more than $1,659.20 to Rescue Tech 1 to purchase miscellaneous search ropes, carry bags and other pieces of equipment for the use of searches. Trustee Chessler noted that Chief Martin shopped around for the best price which could be provided by Rescue Tech 1. Chief Martin stated that was correct.
Trustee Chessler made a motion that the Board authorize the purchase of rescue and search equipment to be completed by the Fire Chief with Rescue Tech 1 purchase not to exceed $1,659.20 as the materials have been quoted; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Renewing Affiliation Agreement with Stark State College
Chief Martin stated that the Fire Department has had an affiliation with Stark State College for the past two (2) years where their paramedic students come and do ride alongs with the department. This program is beneficial to the college, students and the department. The two (2) year affiliation is up and Chief Martin would like the Board to consider renewing the affiliation with Stark State College for a two (2) year extension. The Law Director has read and approved the agreement and it is the same exact agreement as the previous.
Trustee Capaldi made a motion that the Board renew the affiliation agreement for emergency medical services with Stark State College; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Authorizing the Fire Chief to Conduct Testing To Hire Full-time Fire Medic
Chief Martin stated that the Fire Department is requesting that the Board of Trustees authorize them to establish an eligibility list to hire a full-time fire medic to replace the position that is now vacant due to Matt Gatchell’s resignation. Chief Martin has explained to the Board why the position needs to be filled and the projected time line should the Board authorize the establishment of the list so that he can commence with posting the notice and testing.
Trustee Capaldi made a motion that the Board authorize the Fire Chief to conduct the testing to hire a full-time medic as outlined in the memorandum dated June 16, 2011; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Authorizing Radio Repairs and Modifications to Radio System at Station #3
Chief Martin stated that the Fire Department has been working to identify pieces of hardware/ equipment that need upgraded in regards to radio repairs and equipment that would also help Chief Pomesky in his ability to provide better radio signal and safety for his officers. The wire that goes up the entire tower has been spliced as it is approximately fifteen (15) to eighteen (18) years old. Over a period of time you get a duration of the ability of the signal to transmit through that line. The entire wire needs to be replaced. The repeater was tested and it is only putting out eighty percent (80%) power. The repeater is approximately ten (10) years old. This work will be done in conjunction with Chief Pomesky’s request that he will present to the Board to improve his radio signal.
Chief Martin stated that he was able to obtain two (2) quotes from Motorola dealers:
|
Company |
Quote |
|
B&C Communications |
$11,973.00 |
|
Staley Technologies |
$16,620.00 |
Both companies are Motorola authorized dealers. The quotes provided were apples to apples in comparison. Chief Martin recommended that the Board authorize B&C Communications since it is almost $4,800.00 less than Staley Technologies.
Trustee Laubacher made a motion that the Board authorize the expenditure of $11,973.00 to B&C Communications for upgrades to the Fire Department’s radio system and reprogramming of the Fire Department’s mobile and portable communications equipment; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
POW- Grievance Step #3/ Public Hearing Scheduled at 7:30pm
Trustee Capaldi made a motion that the Board adjourn into executive session pursuant to ORC 121.22 (G) (1) consider compensation to include the Board, Fiscal Officer, Law Director, and Representation for the POW; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
The Board adjourned into Executive Session at: 7:30pm
The Board adjourned from Executive Session at 8:12pm
Trustee Chessler stated that the Board adjourned into executive session to consider a grievance filed on May 31, 2011 by the Perry Organized Workers (POW). This action came before the Board this evening as a step 3 grievance of article 11 of the operative collective bargaining agreement. It was the grievant’s request that this be heard in executive session and the Board complied. The grievant had full opportunity to present all testimonies and witnesses that they wished.
Trustee Chessler made a motion based on the discussion with legal council that the Board affirm the denial of the grievance as it was communicated by a memorandum dated June 1, 2011 from the Road Superintendent; Seconded by Trustee Capaldi.
Trustee Capaldi stated that the grievance was denied for reasons stated in the June 1, 2011 memorandum from the Road Superintendent. Trustee Capaldi inquired the number of workers that were off on the day that the grievant requested. Mr. Masalko stated that there were six (6) employees off that day. Trustee Chessler inquired out of how many available employees. Mr. Masalko stated that six (6) out of the eleven (11) were off. Trustee Capaldi stated that this was after the significant rain on May 24, 2011 that resulted in significant debris and other maintenance in the Township. Mr. Masalko stated that was correct. Trustee Laubacher inquired if Mr. Piatt would be notified. Mr. Hall stated that he would notify Mr. Piatt.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Police Department:
Consider Moving Repeater to Fire Station #3
Chief Pomesky stated that within the last several months the Police Department has been working to assess their radio system to remedy some of the coverage issues. In working with Chief Martin, a good option was identified to move the equipment to Fire Station #3 to be housed with the Fire Department’s equipment. Several issues will be remedied by increasing the antenna height. Two quotes have been obtained:
|
Company |
Quote |
|
Staley Technologies |
$17,583.90 |
|
B&C Communications |
$16,728.25 |
Chief Pomesky recommended B&C Communications as they were the lowest quote. This will be scheduled along with the Fire Department so that all of the radio work can be completed at once.
Trustee Capaldi made a motion that the Board approve the moving of the repeater for the Police Department to Fire Station #3 entering into a contract with B&C Communications for a cost not to exceed $16,728.25; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Trustee Laubacher inquired how soon the work would be completed. Chief Martin stated that they will contact B&C Communications and ask that it be expedited. Chief Pomesky stated that he would be meeting with Chief Martin at the Fire Department for a conference tomorrow morning at 8:00am. Trustee Laubacher asked that the Board be updated via email.
Consider Interbadge- M Purchase
Chief Pomesky asked the Board to consider the purchase of Interbadge M which will be the software used for the field based reporting system. This is the mobile version of the software that is needed to integrate the field based reporting system back to the Police Department. The total cost for this purchase will be $10,010.00 through Emergi Tech. This is a unique purchase in that this software directly integrates with Emergi Tech. Traditionally, when you are looking at a field based reporting system departments are mounting a lap top in every cruiser. The Police Department will run five (5) lap tops that will migrate from car to car. Chief Pomesky stated that had the entire fleet been outfitted with lap tops the expenditure would be a little over $24,000.00. By pricing out and working with some options the Police Department is able to advance in this category for a little over $10,000.00.
Trustee Capaldi made a motion that the Board enter into an agreement with Emergi Tech for software for field based reporting for the Police Department for a cost not to exceed $10,010.00; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Road Department:
Consider Awarding the Administration Spare Lot Asphalt Contract
Mr. Masalko stated that he asked Central Allied for a comparison quote regarding what it be to pave the parking lot next to Township Administration. Central Allied quoted $22,185.00. Mr. Masalko stated that Strawser Construction Company quoted $17,692.00 for microsurfacing which would be a savings of $4,493.00. Mr. Hall stated that the $17,692.00 total for Strawser Construction Company and the departmental workforce, the total of materials will still be approximately $25,000.00. This project is not subject to bid. Mr. Hall stated that since each project is a stand alone project and one is not related to the other, it is two (2) separate projects and this would be below the $25,000.00 statutory bid requirement.
Trustee Chessler made a motion that the Board approve and authorize entering into an agreement with Strawser Construction Company for the paving of the property owned by the Township at the corner of Austin and Hilton at a contract price not to exceed $17,692.00; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Discussion of Storm Water Utility Options as a Result of Stark County Commissioner’s Public Meeting Conducted June, 15, 2011
Trustee Laubacher stated that last week the Commissioners held their meeting at Township Administration and there were a lot of comments from a number of people concerning all of the storm water problems in Perry Township. Trustee Chessler commented at the meeting that as the Township Trustees the Board is not allowed to do a lot of work off road unless it pertains to the road itself. Trustee Laubacher stated that there were no regulations pertaining to Perry Township when the Township was being established back in the 1940’s, 50’s and 60’s. There was not a Regional Planning Commission as there is today. Other Township’s such as Jackson or Plain had these regulations to try and help them with issues such as storm water management. Perry Township did not have those rules and regulations in place when the Township was established and in the process of building businesses and residences.
Trustee Laubacher stated that there are three (3) counties within Ohio that have a storm water utility tax which is put out by the county. Trustee Laubacher stated that he spoke with Mr. Hall regarding this and there is a chance that the Board can ask the Commissioners to help the Township create its own storm water utility. This means that this issue would be placed on the ballot. A committee would be set up and the public would be asked to have a storm water utility. This would be asking the public to have a certain amount of money set aside to solve the storm water problems within Perry Township. Trustee Laubacher stated that this would be a small amount of money that would stay in the Township to provide some resources to allow the Trustees to improve the storm sewers within Perry Township.
Trustee Chessler stated that he was involved when the City of Canton looked into this matter as well. Cities are allowed to do this on their own but Township’s have to rely on the County to adopt a resolution and designate the portion of Township as a drainage district. Obviously, the cost would be spread over more people if more people are included. At the time when the City of Canton hired a consultant to come in to do an evaluation there was a very rough number of $7-$9 a month estimated per residential unit for storm water utility. The money would be put into a separate fund to be used for construction and maintenance of drainage system improvements within that district. This is separate apart from your sanitary sewer bill and separate for all other components of your real estate tax bill. It would be in no other terms an additional tax but having said that the Commissioners told the Board that having been to twenty-three (23) other places in the county, Perry Township (as confirmed by Gary Connors, Stark County Engineers Office) is still very much consumed with drainage problems in areas that are newly developed and in areas that are old that never had a drainage system. Trustee Chessler stated that he does not know what the best vehicle is to take the publics temperature on this because it is another tax but it would be a tax that would benefit people that have no other remedy for a rather significant problem. Trustee Chessler stated that he would be in favor of finding out what the public’s sentiment is to see if this would be worth while in Perry Township. This would be unique in Stark County if the Commissioners did this only for Perry Township.
Trustee Laubacher stated that he really feels for the people that suffer with drainage problems and he would like to see some type of committee put together. Trustee Capaldi stated that she has lots of questions to be answered before any type of committee is formed. The Commissioner’s are the ones that have to do this and take the action. Trustee Laubacher stated that the Board of Trustees need to make a formal request. Trustee Capaldi stated that she is not willing to say that she has enough understanding of the County. Trustee Capaldi stated that she has met with Mr. Connor several times and though Perry Township may be at the top of the list, there are certainly other communities that have drainage issues. Trustee Capaldi stated that she is not a Commissioner but she knows enough to realize that it can’t just be done for Perry. This needs to be considered for the largest possible broad based, low rate. The more people if affects the less it costs. Trustee Capaldi stated that she believes that the Board should request that the Commissioners look into this and encourage people to go to the public hearings. One of the purposes for the public meetings is to help determine the sales tax percentage that the public will be asked to vote on will be. The percentage will affect the future of drainage in Stark County. Trustee Chessler stated that he heard very clearly that regardless of whether this is a quarter percent or a half percent at those levels of taxation the County is imposing there would be a negligible amount that they can devote. Trustee Capaldi stated that she did not hear the Commissioners commit to a percentage or say that they had capped themselves off at a certain percent. The communication to the Board of Commissioners needs to be broad enough for them to understand that they are being asked to consider this for more than just Perry Township. Commissioner Bernabei suggested that if it was just a certain percentage it would not be enough. Trustee Chessler stated that he didn’t believe that there had been a formal resolution. Trustee Laubacher stated that the Commissioners explained that most of the tax money is going to go for the Sheriff’s Department. Trustee Capaldi stated that she understands that but they never established a percentage of tax that they are asking the voters for. Until that number is known the affect on drainage is unknown.
Trustee Capaldi stated that she would like to do a letter from the Board of Trustees to the Stark County Sewer District. Trustee Capaldi stated that she believes that the Stark County Sewer District has capital improvements for replacements or repairs. The pipes that are causing sewage into people’s yards or houses are old. Trustee Capaldi stated that the question is why the pipes aren’t being replaced or repaired. The Board needs to gain an understanding of what the Sewer District’s responsibility is either through a presentation or some other type of communication. Trustee Laubacher stated that in talking to residents after the meeting if the Township had its own storm water management area it would pass. Especially if the residents know that the money would stay in Perry Township. Trustee Capaldi stated that the Board will follow up with the Commissioners after they set the rates of sales tax.
Consider Hiring of Dennis Resler and Mark Johnson for Part-time Employees at the Road Department- Pending License, Alcohol and Drug Screening Results
Mr. Masalko asked the Board to consider the hiring of Dennis Resler and Mark Johnson as part-time Road Department employees. Mr. Resler and Mark Johnson received their licenses today and their alcohol and drug screening results are pending. Mr. Resler is now retired and is a past employee of the Ohio Department of Transportation. Mr. Johnson works afternoons at another place of employment therefore he will be able to work during the mornings and on weekends. Both Mr. Resler and Mr. Johnson had good references and backgrounds. Rate of pay will be $12.00 per hour.
Trustee Chessler made a motion that the Board offer part-time employment at the Road Department to Mr. Dennis Resler and Mr. Mark Johnson at a rate of pay of $12.00 condition upon successful satisfactory passing of testing for drug and alcohol; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Law Director:
Consider Scheduling Hearing for Step 2 Grievance- Officer Luke
Mr. Hall stated that yesterday the Board received a step 2 grievance from Officer Josh Luke. This grievance must be heard within thirty (30) days. The dates available would be July 12 or July 19 based upon the July meeting schedule.
Trustee Chessler made a motion that the Board schedule the Board level grievance with Office Luke for July 12, 2011 at 7:00pm or soon there after as the schedule allows; Seconded by Trustee Laubacher.
Mr. Hall stated that he will notify the grievant.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Zoning:
Consider Accepting Resignation of Paul Gretzinger from Board of Zoning Appeals
Mr. Weckbacher asked the Board to accept the letter of resignation from Paul Gretzinger, Board of Zoning Appeals.
Trustee Capaldi made a motion that the Board accept the resignation of Paul Gretzinger from the Zoning Board of Appeals effective immediately; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Trustee Capaldi stated that Mr. Weckbacher also made a recommendation to move the alternate Keith Holland to a regular member. Mr. Holland is interested in the position and this will give the Board five (5) regular members. Trustee Capaldi stated that the Board would need to find a new alternate. Mr. Weckbacher stated that he will get in contact with the past applicants to find out if they are still interested and report back to the Board. The Board will move forward with this matter at a meeting in July.
Concerns of Frank J. Lanza Regarding Parking of Vehicles on 13th Street NW
Mr. Weckbacher stated that he received a letter from Mr. Frank Lanza regarding the parking of vehicles on 13th Street NW. The Board, Law Director and Administrator have all received a copy of this letter of communication. The Law Director has provided his opinion to the Board. Mr. Hall stated that under case law there is a list of facts to help determine whether or not a person is conducting a business at their residence. Mr. Hall stated that he has not talked to the property owner but has spoken to Mr. Weckbacher regarding this matter. Based on the information provided, Mr. Hall believes there was a business being operated out of the residence or property. All of the indications under case law have been ceased. This is a situation where several employees are getting together and car pooling. There is nothing in the Zoning Resolution or Residential Property Maintenance Code that prohibits that. Mr. Hall stated that indicated in a memorandum to the Board that it is his understanding that Sergeant Deitrick had been over to investigate. No tickets were issued and no vehicles were towed because all vehicles were properly licensed and parked. The only option at this point would be to investigate through the Fire Chief, Police Chief and others as to whether or not it would be of any benefit to post “No Parking” signs somewhere within the vicinity to control the parking situation.
Frank J. Lanza- 4740 13th St. NW. Mr. Lanza stated that in the Township ordinance book that he has it states that employee parking is not permitted within a residential area. Mr. Weckbacher stated that it addresses this matter under subsection 116 when someone is applying for a home occupation permit (ex. cutting hair, taxes etc.). Business would have to be by appointment only and all customers have to park in an off road parking spot. Trustee Capaldi stated that this doesn’t apply to someone just parking on the street. Mr. Lanza stated that he would like a copy of an updated zoning book. Trustee Capaldi stated that the zoning book in on the Township website.
Trustee Chessler inquired if the situation has improved over the past couple of weeks. Mr. Lanza stated that the problem here is you have a company vehicle (large truck) and a sixteen (16) – eighteen (18) foot trailer which takes up three parking areas. Then you have two (2) employees. In the summer time this is dawn to dusk. Mr. Hall inquired if the work vehicles and equipment still being parked at the residence. Mr. Lanza stated that the trailer was there on Sunday. Mr. Hall stated that he was informed that the business owner had found another commercial lot. Mr. Lanza stated that the trailer has been sitting there less frequently. However, there is still a truck and two (2) employees that park in the street every single day. Mr. Lanza stated that he believes that the business owner and employees are parking on the street in an attempt to upset him by boxing his father in. Trustee Laubacher inquired how the vehicles are boxing his father in. Mr. Lanza stated that they are parked on the street which creates an obstacle. There problem here is not the parking. It is running a business out of your residence because if you eliminate the business from the residence then you eliminate the parking on the street. Trustee Capaldi stated that the Law Director explained that there is no evidence of running a business out of the home. Mr. Lanza stated that the billing address for the business and the company vehicle all sit at this residence. Mr. Hall stated that if an AEP employee parks his vehicle at his residence that does not mean AEP is running a business out of that residence. If two (2) other AEP employees drive over to that residence, park their cars and all leave in the AEP truck to work that in and of itself does not mean that a business is being operated out of that residence. That shows that three (3) employees from the same company are car pooling. Mr. Lanza stated that he is not talking about AEP, he is talking about Petrarca Lawn Care operating a business out of his residence and his employees are coming and parking there. Trustee Capaldi stated that the question is by law, what constitutes running a business out of a residence. Trustee Chessler stated principle place of business. Mr. Hall stated that if there is no sign advertising Petrarca Lawn Care or advertisements giving the home address. It is a judgment call based upon the facts and circumstances. Mr. Hall stated that a guy who drives his business truck to and from work and receives payments at his residence is not enough evidence. If Mr. Petrarca was sending out advertisements using the residence address as the business address or if the residence and business phone numbers are they same then it would be something to consider. Trustee Capaldi inquired if the facts could be collected for evaluation. Mr. Hall stated absolutely.
Mr. Hall stated that he would completely agree with Mr. Lanza if the work truck and equipment were being stored at the residence but once Mr. Petrarca was notified that he was in violation that activity ceased. Mr. Lanza stated that he was informed by Mr. Weckbacher that Mr. Petrarca had another place of business where he was parking his trailer and equipment and inquired why the employees couldn’t meet at that location instead of on 13th Street. Mr. Lanza stated that they are parking on 13th Street because they are mad. Trustee Capaldi stated that this matter needs to be investigated further to be sure that Mr. Hall has all of the facts necessary to make a conclusion as to whether Mr. Petrarca is running a business out of his home. Trustee Laubacher stated that even if an individual is running a business out of the home then they can have a vehicle parked there. Mr. Lanza stated that he does not care about that but he has a problem with the employees parking on the street. Trustee Capaldi suggested that instead of going on and on that a proper investigation be done to find a conclusion.
Parks: None.
Executive Session(s): None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department:
Submission of May Stats
Road Department: None.
Zoning: None.
Law Director: None.
Announcements:
1. Mosquito spraying by the Stark County Health Department will take place south of Southway down to Navarre on June 24, 2011 and north of Southway up to 12th Street on June 27, 2011.
Public Speaks-Open Forum:
Frank J. Lanza- 4740 13th St. NW. Mr. Lanza addressed his concerns regarding an AT&T box that sat on his property. Mr. Hall stated that the Board had no jurisdiction over the placement of the AT&T box and he is confident that any decision that was made by the public utility was not a result of Mr. Masalko’s recommendation or lack of recommendation. It was a decision that was made by AT&T.
Charles Riegler- 430 Cayuga Cir. NW. Mr. Riegler expressed his concerns regarding the Township storm sewer system and the County storm sewer system. Trustee Capaldi stated that is why she suggested that the Commissioner’s get a broader view.
Adjournment:
With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 9:11pm; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Lee C. Laubacher, President
Joe Schlegel, Fiscal Officer