Regular Meeting

Perry Township Board of Trustees

Regular Meeting

May 3, 2011 7:00pm

Call to Order/Pledge of Allegiance:

Excused absence:  Scott Weckbacher, Zoning Inspector- Stark County Regional Planning

Additions/Deletions to Agenda: None.

Public Hearings/Invited Guests:

Nick Morris- Fasnacht Farm Park Coordinator- Tenant Farmer Draft Lease

Mr. Morris stated that he wanted to touch base with the Board in reference to the four (4) unresolved issues that came up after the meeting with the second candidate, Mr. Paul Bender regarding what is currently drafted in the lease as opposed to what the candidate is proposing.  Mr. Bender’s overall goal is to reestablish farming on Fasnacht Farm in a way that is sustainable and work’s with future potential development. 

The first issue comes from the proposal for small scale livestock operations in addition to vegetable gardening and crops onsite.  Mr. Morris recommended that the Board allow this proposal for several reasons; one reason being that it is a sustainable part of agriculture and is a good balance of crops and animals.  Small scale livestock would bring more security to small agricultural operations.  Mr. Morris stated that small scale livestock is becoming popular in several other areas that he researched.  Trustee Capaldi inquired if those areas were located near residential properties.  Mr. Morris stated that they were located near residential properties.  Trustee Capaldi stated that she is a pretty firm no on the issue of livestock.  Mr. Morris stated that the proposal requested chickens, turkey, sheep and dexter cattle.  Mr. Morris stated that the livestock would be good for attraction, education and business operations.  Trustee Capaldi inquired what research was done in order to obtain the opinion that the livestock would not likely generate substantial odor or noise pollution.  Mr. Morris stated that his opinion is based upon sustainable practices.  It is not proposed to be a confined space where you have to haul manure.  Basically, the manure would be distributed among the pasture and managed appropriately.  If the manure is collected and composted there is virtually no odor.  Mr. Morris recommended that the Board support starting small with the livestock and if at any point it becomes too much of a nuisance then it can be pulled back.  Due to the partnership between Perry Township and Stark Parks, Mr. Morris stated that Stark Parks could take on the responsibility of the operations of the farm park as is described in the “Memorandum of Understanding” (MOU) and thus be responsible for mitigating any neighborhood issues.  Trustee Capaldi inquired if petitioning the neighbors would be a good idea to get their opinions on livestock.  Mr. Morris stated that he doesn’t believe it is a requirement due to the fact the farm park is zoned for agriculture.  Trustee Capaldi stated that the residents live in a suburb because they don’t want to hear and smell the chickens, turkey and cows.  It’s important to give consideration to the neighbors.  Trustee Chessler stated that during the public hearings regarding the farm park residents had mentioned having concerns about livestock.  Trustee Chessler stated that he is not opposed to the idea as an ongoing thing but first out of the blocks to try something that it kind of the extreme makes him uncomfortable.  Trustee Capaldi inquired if the second candidate would withdraw if livestock is not an option.  Mr. Morris stated that he does not have any confirmation but he believes that is the case.  Trustee Laubacher stated that if the Township is going to continue to call the property a farm then livestock should be allowed.  Trustee Capaldi stated that the Board pretty much took animals off of the table during the public hearings with the residents.  This project needs to work for the community.    Mr. Morris stated that he wants this project to be the best experience for agricultural education for the community.  Trustee Capaldi suggested surveying the surrounding property owners.  Trustee Laubacher stated that he does not understand why there is a need to survey the surrounding property owners.  Trustee Capaldi stated that Fasnacht Farm was purchased with tax payer dollars and it is public property.  Trustee Chessler stated that he prefers that a tenant farmer move in, start off slow and develop a relationship with their neighbors.  Then in two (2) or three (3) years when the neighbors see that the tenant farmer is a good neighbor maybe the project can grow in to the uses that are more extreme.  Trustee Chessler stated that the Board has to authorize the uses and he would feel more comfortable starting in ways that are a little less offensive to the greatest number of people in the area.

Mr. Morris stated that there is an issue with updating the interior of the home.  There is water damage on walls that have wall paper and both bathrooms need updating.  Mr. Morris inquired how the Board would like to proceed with these types of improvements.  Trustee Capaldi stated that she asked these types of questions before the Board agreed to put the tenant farmer position out for bid.  The Board needs to have the estimates before improvements can be made.  Trustee Capaldi stated that Administrator Fetzer has checked with the schools and it is a fantastic opportunity to partner with the schools and the students.  The Board needs to be informed of the costs for materials in order to make a decision about the improvements needed.  Administrator Fetzer stated that she would obtain quotes for the items listed.  Trustee Chessler stated that he is on Board with getting quotes and working with the schools.  Trustee Laubacher stated that the improvements definitely need to get done.

Mr. Morris stated that the next issue is in regard to mowing.  The Committee needs to determine how much of the land the tenant farmer is expected to mow and with what equipment.  Mr. Morris recommended that there be an expectation of whoever lives in the house mows a certain piece of the property that surrounds the residence using their equipment.  Anything beyond that area is the responsibility of the Township to decide and determine if it is going to be Township staff that are using Township equipment to mow the larger areas or if the tenant farmer will be authorized to use Township equipment to mow that area as well.  Trustee Capaldi inquired if Stark Parks could meet with the Perry Township Parks Department to discuss the idea of natural growth.  Mr. Morris stated that Stark Parks would be happy to sit down with the Perry Township Parks Department to develop some ideas for establishing natural growth areas.  Mr. Morris suggested that the Committee identify that at the base level there is a residential size area to mow.  Once a long term plan is developed for naturalized areas then either Township staff or the tenant farmer can be given the task of maintaining those areas.

Mr. Morris stated that the final issue was regarding the product component of rent which is based on the land that is put in to be used for agricultural uses.  Currently, the draft lease states that there will be a certain percentage of profit from “x” number of acres that would be collected as a productive rent but it would be maxed out at whatever fair market value for tillable acreage is in Stark County.  Mr. Bender has put out the idea that in order to save time and to reduce the challenge of creating an auditable trail that he will just accept the idea of having a cash payment as rent at the fair market value.  Trustee Chessler inquired how that would work.  Mr. Morris stated that if the acreage is worth $60.00 then that is the maximum amount collected as a percentage of profit.  Mr. Bender is suggesting that the Committee simply identify that fair market value and that is the productive component.  Mr. Bender would basically be leasing the tillable acreage in addition to leasing the home.

Mr. Morris stated that what he is hearing this evening is that: the Board does not want to move forward with any type of livestock on the property, quotes will be obtained for materials to make the improvements to the home and determinations will be made considering the mowing and maintenance of the lawn.  Trustee Chessler stated that if the first issue is presented and the tenant farmer says “no” then they will go no further.  If they get passed number one then they will move on to two, three and four that have been agreed upon with some fine tuning and additional details.  Trustee Chessler suggested that Home Depot may be willing to donate materials since the Township and the schools are working together.  Administrator Fetzer stated that Home Depot has offered to donate up to twelve (12) gallons of interior paint.

Communications: 

Public Speaks on items up for Board Approval:

Tim Blythe- 2956 Bridgeton Street NW.  Mr. Blythe stated that he lives two (2) houses from the Fasnacht Farm property and feels that whatever the Board decides to do is fine with him.  Mr. Blythe stated that he has concerns with the students from Perry High School doing the work because on April 1, 2010 the Environmental Protection Agency (EPA) passed a law that states that anyone working in a house built prior to 1978 has to be a certified renovator, lead paint certified renovator and under the supervision of a lead paint certified firm.  The school would have to be a lead paint certified firm and the students would all have to be lead paint certified renovators.  Mr. Blythe stated that he thinks that this law is crazy but if one of the students would get sick it would be a major liability for the school system and the Township.  Trustee Capaldi inquired if any public entities were exempt.  Mr. Blythe stated that he wasn’t sure but just wanted to make the Board aware of this law before they moved forward.

Township Business requiring Board Action:

Unfinished Business:

Consider Meadowwood Storm Sewer Issue

Trustee Laubacher stated that he has spoken with Julie Berbari, Stark Soil & Water regarding the possibility of building a retention basin.  The grant that is available from Muskingum Water Shed is only from $7,500.00.  Ms. Berbari indicated that is not necessarily true and nobody has been putting in for this grant.  Trustee Laubacher stated that the retention basin could go on the property as a fishing pond.  Mr. Berbari is researching the number of acres that flow into this area.  Some of the piping and water comes in from Jackson Avenue.  Gary Connors, Stark County Engineers Office stated that it would help him to be able to put in a smaller pipe down through these properties.  The approximate length of the pipe would be 440 feet.  Trustee Capaldi inquired how much the County would be saving.  Trustee Laubacher stated that he did not know at this time.  Trustee Capaldi stated that would important information to have the savings to the County would probably be absorbed through the maintenance of this pond.  Trustee Capaldi stated that she forwarded the Board an email from Barb Bennett, Hammontree & Associates.  Trustee Capaldi stated that she spoke with Ms. Bennett to see if this could be used as wetland mitigation on the JEDD property and she outlined several things that would need to be done.  The owner will have to have the financial means to manage the wet lands, perpetuity to manage the wet lands, yearly testing and there is a lot that goes into this.  Trustee Capaldi stated that on the JEDD property they will be filling in wet lands and therefore new wet lands have to be opened up.  This would be an opportunity for the retention basin as Fasnacht to be a win/ win for the County and the Township.  Ms. Bennett has outlined this process.  Trustee Capaldi stated that it could cost the Township more than it would be beneficial which is why she is curious of the savings that would be to the County.  Trustee Laubacher stated that Mr. Connors indicated that the approximate cost is going to be $45,000.00 for a 440 foot pipe that is 48 inches in diameter.  Trustee Capaldi inquired the cost of a 60 inch pipe.  Trustee Laubacher stated that 60 inch pipe is $85.00 per foot.   Ms. Berbari had indicated previously that the Township should be able to get not only the $7,500.00 but could possibly get $30,000.00 to be able to put the detention pond in.  Trustee Chessler stated that there seems to be four times more unanswered questions than there are answered questions and he doesn’t know how he is suppose to form an opinion on doing something without more information on specifics.  It does appear that this is a complicated thing that is going to require some study of records, some determination by professionals and some approvals by different agencies.  This all adds up to time and expense.  There is a possibility of grant funding but the criteria is unknown at this time.  Trustee Chessler inquired what the Board is being asked to do at this point.  Trustee Laubacher stated that Ms. Berbari has said to make out a project name, funding from other dollars, cost of the project, summary, proposal and so forth to apply for the grant to see what happens.  Trustee Capaldi stated that she feels that the Township should stop working on this.  The County needs to present a cost analysis and show the Township why this project would be a win/ win.  Trustee Chessler stated that he has concerns if the Township has someone design a retention basin and it’s not designed correctly and it causes peoples basements to flood.  Then the blame will be placed upon the Township and the basin that was put in.  Trustee Laubacher stated that it would be an addition to the park as a fishing pond.  Trustee Capaldi stated that if it costs the Township anything then the Township can not afford it.  Trustee Laubacher stated that he understands that but it may not cost the Township anything if the JEDD could help pay for it.  Trustee Capaldi stated that Mr. Connors, Ms. Bennett and the County Engineer need to work some numbers and come back to the Township.  Trustee Laubacher suggested that his fellow Board members go out and assess this matter so that they can get a better understanding of what is going on and he will continue to look into this matter.

New Business:

Trustee Chessler made a motion to approve bills and payroll in the amount of $275,517.95 for the week ending April 26, 2011 and bills only in the amount of $18,123.83 for the week ending May 3, 2011 for a combined total of $293,641.78; Seconded by Trustee Capaldi.

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

Fiscal Officer: 

Trustee Capaldi made a motion to approve the minutes from the April 19, 2011 Regular Meeting minutes with the exception of an error/ typo on page 6 and page 9; Seconded by Trustee Chessler.

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

Administration: 

Consider Independent Energy Consultants- Offer 3% Discount from the Ohio Power Price to Compare for both Residential and Small Commercial Customers- Addendum to Original Agreement

Administrator Fetzer stated that in September of 2010 the Board accepted a master plan agreement regarding the electric aggregation program with First Energy Solutions for Perry Township, Ohio Edison residents.  The Board has since then received a notice from First Energy Solutions Corporation, Representative Mark Burns offering an addendum to Perry Township, Ohio Power customers.  Administrator Fetzer stated that the Township did not have that ability last time because Ohio Power’s rates were so low.  This would be an opt out program and the term would range from June 2011 through June 2014 and will provide the following benefits: 3% discount for residential rates and 3% discount to commercial rates.  If the Board chooses to accept the addendum “A” agreement it would be at no cost to the Township and this item would not have to be put on the voting ballot again as it was already accepted previously.  Administrator Fetzer recommended that the Board consider accepting the first addendum to the master plan.  The Law Director, Mr. Hall has reviewed the addendum for legal sufficiency and Mr. Burns is also recommending that the Township move forward.

Trustee Capaldi clarified that Ohio Power is American Electric Power (AEP).  Trustee Capaldi pointed out that in the fine print in the agreement states that, “National accounts as well as eligible commercial accounts with annual usage over 700,000 will be offered the above discounts but they must opt in to the program.”  Trustee Capaldi stated that First Energy Solutions stated that they handle the opt out but it does not mention that they handle the opt in which may fall upon the Township.  Mr. Hall stated that when he and Administrator Fetzer were on the conference call he asked the same question.    The response was that First Energy Solutions does notify those commercial accounts and if they do opt in then they do manage it.  Administrator Fetzer stated that it is few and far between because it is a large number that is required and it is more conducive to small commercial businesses.  Mr. Hall stated that the small commercial businesses are automatically included.  Trustee Capaldi inquired who would identify the large businesses and how they would be notified.  Mr. Hall stated that First Energy Solutions notifies them and gives them to opportunity to opt in.  Trustee Capaldi stated that the agreement does not say that.  Mr. Hall stated that the Township can confirm that but that was his recollection of the conversation.  Administrator Fetzer stated that she believed that to be correct.

Trustee Chessler inquired why AEP would be exempt if when the Board was first presented with the proposals, First Energy Solutions made the civic donation.  Administrator Fetzer stated that she and Mr. Hall asked the same question and Mr. Burns indicated that there was not enough head way.  Mr. Burns stated that he could not possibly offer for the small amount that is on Ohio Power.  Administrator stated that she inquired if it would be feasible after the term ends in 2014.  Mr. Burns indicated that it could be possible futuristically but not during this term.

Trustee Chessler made a motion based on the information that the Board has and the recommendation of Mark Burns that the Board enter into the first addendum of the master agreement to provide services to an aggregation group between Perry Township, Stark County and First Energy Solutions Corp. as it is set forth in the resolution; Seconded by Trustee Capaldi.

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

Consider 2011 Recycling Makes Sense Grant

Administrator Fetzer stated that Miss Dean has provided documentation to the Board regarding the 2011 Recycling Makes Sense grant agreement.  The Township received the original agreement for the Recycling Makes Sense grant on April 21, 2011.  Miss Dean has reviewed the agreement and nothing has changed since last year.  Perry Township is required to submit a quarterly report to Stark-Tuscarawas- Wayne Joint Solid Waste District.  Administrator Fetzer stated that Miss Dean is asking the Board to approve and sign the agreement.

Trustee Chessler made a motion that the Board approve the 2011 Recycling Makes Sense grant agreement; Seconded by Trustee Laubacher.

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

Fire Department:

Consider Accepting Bid for Washer/ Extractors and Dryers

Chief Martin stated that on April 19, 2011 the Township opened bids for the three (3) turnout washer/ extractors and dryers.  The Board has received a synopsis of the three (3) bids.  Two (2) of the bids were issued by the same company, “Advantage Equipment.”  Chief Martin stated that on April 27, 2011 he, Mr. Hall and the Chairman of the Committee evaluated the washer/ extractors and dryers to look at the exceptions and compliances of the bids.  The lowest bid was rejected because it did not meet the minimum standards and specifications that were established by the Township.  The remaining two (2) bids did meet the minimum specifications.  Chief Martin recommended that the Board accept the bid of $23,997.00 from Advantage Equipment in Akron, Ohio for the purchase and installation of three (3) turn out washer/ extractors and three (3) turn out dryers.

Trustee Chessler asked Chief Martin to explain the basis on which the first bid should be rejected and how it did not meet the criteria.  Chief Martin stated that there was a minimum poundage that the washer has to be able to hold and it did not meet that minimum requirement.  It was also a 110 volt washer and the specifications stated 220.  Trustee Chessler inquired if in Chief Martin’s estimation that the material deviations merit the bid being rejected and moving on to the next lowest bidder.  Chief Martin stated that was correct.  Mr. Hall stated that the minimum bid that is being rejected was also submitted by the company to whom the Chief is recommending the bid be awarded to because they had submitted two (2) bids.

Trustee Chessler made a motion that the Board accept the bid from Advantage Equipment for the washer/ extractors and dryers at the price quoted not to exceed $23,997.00; Seconded by Trustee Capaldi.

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

Police Department:

Consider Purchasing Antivirus Software

Chief Pomesky stated that the Police Department has been working on updating their technology.  Part of the up grades needed is to renew the antivirus licenses for the Police Department’s computer system including the server.  A total of twenty-seven (27) licenses is needed for the set up within the Police Department.  Three (3) quotes were obtained.

 

Chief Pomesky stated that after looking at the product that they were going to give the Police Department he recommends that the quote be accepted from NEO Digital.  The most specific difference is that NEO Digital is offering one (1) license specific to antivirus for a server.  Trustee Capaldi stated that she read through the details of the quotes and Seifert Technology also lists software on the server.  Chief Pomesky stated that was correct but it would be the same software as found on the PC’s.  Trustee Capaldi inquired if Chief Pomesky asked Seifert for a comparison because the quotes have a $500.00 difference.  Chief Pomesky stated that due to the length of time since the antivirus software has been updated he would like each of the companies to physically look at the PC’s to make sure that it is set right and that the server works correctly with the software.  NEO Digital specified the labor a little on the high side where it could go up to eight (8) hours depending if there are any issues to resolve.  Trustee Capaldi stated that Chief Pomesky indicated that the higher price was due to the type of software NEO Digital could provide.  Chief Pomesky stated that was correct.  Trustee Capaldi inquired all vendors were asked to quote the same software.  Chief Pomesky stated that they were asked.  Trustee Capaldi inquired if Seifert did not have the other software.  Chief Pomesky stated that Deputy Chief Carbenia spoke directly with Seifert but he could go back and ask them.  Trustee Chessler stated that he would not be in favor of purchasing anything from Seifert.  Trustee Laubacher inquired if there were twenty-six (26) computers at the Police Department.  Chief Pomesky stated that was correct.  Trustee Capaldi inquired what the recommendation is for using another antivirus versus using Windows antivirus.  Chief Pomesky stated that he has not heard any recommendation regarding that.  The companies were asked to give their recommendations and the quotes reflected their recommendations.  None of the vendors were in agreement for one (1) sole product and the product through NEO Digital appears to be the best.  Trustee Laubacher stated that the cost difference is approximately $500.00 and both are for antivirus.  Chief Pomesky stated that there are concerns with the service through Seifert over the past couple months.  Trustee Capaldi stated that is not the reason Chief Pomesky stated in the memorandum to the Board.  Chief Pomesky stated that was correct.  Trustee Capaldi stated that Chief Pomesky’s concern was with the type of software that was being installed.  Chief Pomesky stated that is the most important concern for the security of the server.  Trustee Chessler stated that Seifert has illustrated that they have a low level of competence when it comes to dealing with public entities and he can not even justify spending the first dollar.  Trustee Capaldi stated that she would disagree and that Seifert is the vendor for other political subdivisions.  Trustee Chessler stated that he would not be in favor of Seifert under any circumstances based upon his own experience with them, incompetent people and the way they deal.  Trustee Laubacher stated that the Board can’t not give them the contract because of how Trustee Chessler feels with regard to the people.  Trustee Chessler stated that he feels that Seifert is an incompetent business and he does not trust the products that they sell.

Trustee Chessler made a motion that the Board approve the agreement with NEO Digital for the antivirus software chosen for the reasons as outlined; Seconded by Trustee Capaldi.

Trustee Capaldi stated that there is a $475.00 difference and she does not feel comfortable completely with the memorandum and the research given to make this decision.

ROLL CALL: Mr. Laubacher, no.  Mr. Chessler, yes.  Miss Capaldi, no. 

Trustee Capaldi stated that the specifics can be discussed and it can be brought back to the next meeting.  Chief Pomesky stated that was okay. 

Road Department:

Law Director: None.

Zoning: None.

Parks: None.

Executive Session(s): 

Trustee Chessler made a motion that the Board adjourn into executive session under O.R.C. 121.22 (G) (1) to discuss hiring, dismissing, disciplining, promoting, compensation or investigation to include to Board, Fiscal Officer, Law Director and Fire Chief; Seconded by Trustee Capaldi.

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

The Board adjourned into Executive Session at: 8:18pm

The Board adjourned from Executive Session at 8:35 pm

Department Matters Not Requiring Board Action:

Administration: None.

Fire Department: None.

Parks/Recycling: None.

Police Department:

Submitted March Stats

Road Department: None.

Zoning:                

Law Director: None.

Announcements:

1.            Stark County Commissioners will conduct a public meeting at the Perry Township Hall on June    15, 2011 at 6:00pm to answer questions and concerns of the general public.

2.            Safe Kids Day- May 21, 2011 from 11:00am until 2:00pm at the Gateway- Sippo.

3.            May Township Trustee meeting schedule- May 10, Work Session and May 24, Regular Meeting

4.            Perry Township hosting SCTA meeting on May 19, 2011 at 6:30pm at the Perry Township Police  Department- Community Room

5.            Ohio Division of Liquor Control- Lakeside Party Center Banquet & Meeting Hall Inc., DBA               Lakeside Center- 5225 Leona Ave. SW, Perry Twp., Navarre, Ohio Permit #4978160- NEW- D-1       permit.

6.            Ohio Division of Liquor Control- Speedway LLC DBA Speedway 9314- 4230 Erie SW, Perry Twp,    Massillon, Ohio 44646- Permit #84189941765 Transfer- Responses must be post marked May      27, 2011

Public Speaks-Open Forum:

Lepear Smith- 728 Canford Ave. NW.  Mr. Smith stated that he was present for the Board of Zoning Appeals meeting.  Administrator Fetzer stated that the Board of Zoning Appeals met on Monday, May 2, 2011 but she will have Mr. Weckbacher call Mr. Smith to explain the outcome of the meeting.

Adjournment:

With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 8:40pm; Seconded by Trustee Capaldi.

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

Lee C. Laubacher, President                                   

 Joe Schlegel, Fiscal Officer