Regular Meeting
Perry Township Board of Trustees
Regular Meeting
April 19, 2011 7:00pm
Call to Order/Pledge of Allegiance:
7:00pm Bid Opening: Fire Department Turn out Gear Washer/ Extractor and Dryers
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Company |
Quote |
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Elizabeth |
3- Extractors: $17,175.00 3- Dryers: $8,049.00 Accessories/ Shipping: $4,875.00 Total Bid: $30,099.00 |
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Advantage Equipment |
3- Extractors: $11,685.00 3-Dryers: $7,836.00 Accessories/ Shipping: $2,292.00 Total Bid: $21,813.00 |
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Advantage Equipment |
3- Extractors: $13,734.00 3-Dryers: $7,836.00 Accessories/ Shipping: $2,427.00 Total Bid: $23,997.00 |
Trustee Capaldi made a motion that the Board table the bids for further review by the Fire Chief and Law Director; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Excused absence: Mike Pomesky, Police Chief
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests: None.
Communications:
Letter Received April 11, 2011 from Robert Cash Regarding Street and Storm Drain Sewer on the South Side of Woodrich SW
Trustee Laubacher stated that he and Mr. Masalko went out to assess Mr. Cash’s concerns. Mr. Masalko stated that the last pavement was completed in 1999 according to Road Department records. After assessing both sides of the street Mr. Masalko stated that he does not believe that the Road Department did the old tile on the south side of the street. However, some of it is collapsing and there is pipe separation. Mr. Masalko suggested that instead of removing and replacing the whole system just putting some openings in there to see if the Road Department can prolong the pipe. This way the Road Department can flush and clean the pipe because currently there are no openings from Charldon down to Buckwalter. Mr. Masalko stated that this matter has been put on the Road Department’s work schedule to be done this summer. The 1999 schedule for paving is not on rotation for two (2)- five (5) years so the broken asphalt will be repaired until regularly scheduled paving. Trustee Laubacher stated that Mr. Masalko noticed that there were no catch basins along the south side of the roadway. Therefore three (3) catch basins will be installed so that water is not running across the roadway causing damage to the asphalt.
Mr. Cash stated that his neighbor was unable to attend the meeting but would like a pipe installed on his property to Charldon. Mr. Masalko stated that there is a Road Department policy that prohibits piping in yards. The Road Department will only install aprons.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action:
Unfinished Business:
New Business:
Trustee Laubacher made a motion to approve bills in the amount of $25,384.34 for the week ending January 18, 2011; 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; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Administration:
Consider MOU of Nick Morris, Stark Parks Tenant Famer MOU
Administrator Fetzer stated that the Board reviewed at last weeks work session a “Memorandum of Understanding” (MOU) from Robert Fonte, Stark County Park District. At that time there was much review and discussion. Unless there is further discussion, Administrator Fetzer recommended that the Board make a motion to accept the MOU on behalf of Stark Parks as the Fasnacht Farm Park Coordinator. Trustee Capaldi stated that Mr. Morris has been serving in this capacity for awhile now and this motion will not be retroactive and will be effective as of today. Trustee Chessler inquired who drafted the MOU. Administrator Fetzer stated that Mr. Morris drafted the MOU. Trustee Chessler asked that Mr. Morris add a line that states, “approved as to legal form and sufficiency,” for the Township’s legal council to sign. Administrator Fetzer stated that she would do so.
Trustee Chessler made a motion with that one modification that the Board approve a resolution authorizing the Township to enter into a Memorandum of Understanding with the Stark County Park District as set forth in the written document; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Trustee Capaldi stated that attached to the MOU was documentation regarding community gardening. Administrator Fetzer stated that it is time to begin the 2011 community gardening season. Mr. Loren Rohr has volunteered his services to the Township again this year to till the plots at Fasnacht Farm and he hopes to have that completed between May 1- May 15. Kathy Humble has offered to continue her volunteer position has the master gardener. Last year there were twenty-two (22) participants and was very successful. In addition to that there is also a waiting list of interested gardeners. Administrator Fetzer asked for the Board’s direction in how they would like to move forward with the waiting list. Trustee Capaldi stated that the gardeners from last year have showed an interest for this year and there is a list of individuals who would also like to participate. Administrator Fetzer stated that there would only be two (2) available plots left if the Board chooses to accept the waiting list. Trustee Capaldi stated that several of the people on the waiting list are non-residents but she would prefer to offer the available plots to Perry Township residents first and then after a certain amount of time offering the remaining plots to anyone interested. Administrator Fetzer inquired if the Board would like a press release with a two (2) week time period. The Board agreed that the press release would be fine.
Fire Department: None.
Police Department: None.
Road Department:
Consider TID Grant for Approval
Mr. Masalko stated that the Board was given a copy of the Transportation Improvement District (TID) Grant. The M&E Company requested that the Township sign an agreement. Mr. Hall has reviewed this agreement. Mr. Masalko asked the Board to accept and sign the proposed agreement. Trustee Capaldi inquired if the project was going to meet the deadline of October 1, 2011. Mr. Masalko stated that the deadline will be met as this is a small project. Trustee Capaldi stated that her question is more directed to the approval process of expanding the school zone through the state and whether the timing of that will impede on getting the work done for the project. Mr. Hall stated that Mr. Masalko has received several emails from both the County Engineer and from the District 4 Planning Engineer who both have given preliminary approval but both a statute from the Engineer’s Management Guidelines and Ohio Uniform Traffic Control Devices requires the Township Trustees to authorize and request expansion of the school zone.
Trustee Laubacher made a motion that the Board approve the TID grant agreement for the 13th Street/ Genoa School Zone Project in the amount of $14,400.00 and the Board President will sign; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Genoa Ave. and 13th Street School Zone Resolution
Mr. Masalko asked the Board to make a resolution to approve the expansion of the school zone for the 13th Street/ Genoa School Zone Project.
Trustee Chessler made a motion that the Board adopt the resolution as written to approve an enlargement of the school zone in front of Genoa Elementary School along Genoa Avenue and Perry High School along 13th Street further authorizing the Road Superintendent to and consulting engineer to do the things that are reasonable and necessary to accomplish the purpose of this resolution; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Meadowwood Storm Sewer Issue
Mr. Masalko stated that Trustee Laubacher was able to meet with Hydraulics Engineer Gary Connors regarding the collapsing pipe that is going through a resident’s yard on Meadowwood. The Engineers Office is asking the Township to participate in detention or retention pond on Fasnacht Farm. Trustee Laubacher stated that there was a lawsuit in 1985 that against a number of parties that ran water down across the Fasnacht Farm and through these resident’s yards. In the process of this, they ran the water down along this particular allotment down through the Fasnacht Farm and so forth. The people there brought this lawsuit against Perry Township, City of Massillon, Stark County Engineers and etc. This particular lawsuit was also brought against Mr. Gump who built the allotment. Stark County Engineers and Mr. Gump put together a sixty (60) inch pipe that goes down through these peoples property. The pipe has now rusted out and now the Stark County Engineers need to replace that pipe. The County is asking the Township to think about possibly putting in a detention basin on the Fasnacht Farm. Mr. Masalko has provided information regarding a possible $7,500.00 grant through the Muskingum Water Shed to help with the costs for this project. Trustee Laubacher asked for his fellow constituent’s permission to move forward with trying to seek these funds. If the Township is able to get a detention basis built in this area it would take the water from that allotment and retain it on Township property and slowly let it out into the creek north of Fasnacht Farm.
Trustee Laubacher stated that he would like to go to the Stark County Commissioners and express the Board’s interest in trying to keep a large amount of water from coming off of this allotment. The Township would have to work with the County Engineers to determine how much water is coming off of the allotment and then maybe the County would apply for a grant as well. Mr. Connors is asking the Board to consider this because he can change this pipe from sixty (60) inch plastic to thirty-six (36) or forty (40) inch plastic. This would be an enormous cost savings to the Stark County Engineers Office. Trustee Capaldi inquired if they wanted the Township to expend funds to save them money. Trustee Laubacher stated that he is suggesting that the Township try to obtain grant funding to help with the project. Trustee Capaldi inquired where the detention basis would be. Trustee Laubacher showed Trustee Capaldi where the detention basis would be located on a map. Trustee Capaldi inquired how large the detention basin would be. Trustee Laubacher stated that an engineer would have to come up with that information. Trustee Chessler inquired if all of this work was going to be done for $15,000.00. Trustee Laubacher stated that he did not say that. Trustee Capaldi stated that the Township does not have the funds nor the authority to expend these funds. The Township could only allow them to put the basins in place because the problem is not affecting a Township roadway. Trustee Laubacher stated that the detention basin would be an addition to Fasnacht Farm. Trustee Capaldi stated that this detention basin could also be a source for mosquitos. Trustee Chessler stated that he does not remember an instance in twenty (20) years where the Township did not have to assume a liability and here the Board is going to create, maintain and accept liability for creating a pooling area. Trustee Chessler inquired what the benefit would be to the Township. Trustee Capaldi stated that it is good that this matter was brought to the Board so that there can be discussion on how to solve this problem.
Trustee Laubacher asked Mr. Hall what type of liability would be involved with a detention basin. Trustee Capaldi stated that there are other houses nearby where the proposed detention basin would be and does not think that the residents will like appreciate this especially if it causes a problem with mosquitos. Trustee Laubacher stated that if you put fish in the pond mosquitos won’t be a problem. Trustee Capaldi stated that she is going to need more information because her first reaction is an uneducated reaction. Trustee Chessler stated that the Board was given a three page, single spaced legal opinion and a settlement agreement based on a lawsuit that he doesn’t have the time to understand at this time. Trustee Chessler asked if this matter could be tabled for further review and research. Trustee Laubacher stated that was fine.
Executive Session ORC 121.22 (G) (4) to discuss POW collective bargaining matters to include the Board, Fiscal Officer, Law Director and Road Superintendent
Trustee Chessler made a motion that the Board adjourn into executive session under O.R.C. 121.22 (G) (4) to discuss POW collective bargaining matters to include the Board, 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: 7:39pm
The Board adjourned from Executive Session at: 8:03pm
Trustee Chessler stated that the Board has reviewed with the Law Director some documents that are in connection with the efforts to conduct negotiations with the Perry Organized Workers (POW). The Board participated earlier this year in fact finding. The POW voted to reject the fact finding. The Board continued to negotiate in good faith on matters that were remaining in dispute. At this time it appears that there is no realistic possibility that the continuation of negotiations will be productive or result in a mutual agreement on the remaining disputed issues.
Based on the legal requirements that they have Trustee Chessler made a motion that the Board make publically the determination that it does and hereby declare the parties to be at ultimate impass and that the Board with the prompt, efficient and cost effective management of the Perry Township Road Department will implement its last and best offer as the replaced collective bargaining agreement with specific provisions to which is referred are listed in detailed fashion in the written resolution and that it be adopted in its terms; Seconded by Trustee Chessler.
Trustee Capaldi stated that she agrees with the resolution to avoid layoffs, live within our means, allow efficient management of the Road Department and to bring this contract in accordance with other similar contracts within the Township.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Law Director:
Consider Appeal of Deputy Chief Lawsuit
Mr. Hall stated that there was a court decision where Judge Haas simply in a one line decision without any explanation or rationale ruled that the matter was subject to arbitration. Mr. Hall stated that this is a matter that he is recommending be appealed to the 5th District Court of Appeals. It’s a situation with the court of appeals since it is purely a question of law they look at it with a clean slate. Mr. Hall recommended that this matter be taken to the Court of Appeals and get a Court of Appeals review. Mr. Hall stated that he thinks that the facts and the laws till support the Board’s position. The Deputy Chief’s position is not subject to collective bargaining and is outside Chapter 3117 and should not be submitted to arbitration. The appeal deadline is Thursday and Mr. Hall highly recommended the Board’s authority to file the appeal. Mr. Hall suggested that from the beginning of this grievance, prior to the court hearing until now, the grievant and the union has never said what their remedy is. If there is no harm or penalty then there should not be a case. Mr. Hall recommended that an appeal be filed.
Trustee Chessler made a motion that the Board authorize the Law Director to proceed with the appeal as he has outlined; Seconded by Trustee Capaldi.
Trustee Capaldi stated that since the Township pays the Law Director a flat fee taking this case to appeals does not cost the Township any additional money.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Zoning:
Consider Sending Zoning Board Members and Zoning Inspector to OTA Zoning Session
Mr. Weckbacher stated that he received an email from the Ohio Township Association (OTA) stating that they are holding seminars and there will be one held in Canton in July. Mr. Weckbacher stated that he thought that it would be a good idea for he and the Zoning Board members to attend this seminar. Trustee Capaldi inquired if the Township would be required to pay the Zoning Board members for attending the seminar. Mr. Hall stated that if the Board makes the seminar mandatory then the Zoning Board members would get paid as if they were going to a meeting. Trustee Capaldi stated that hopes that the Zoning Board members will voluntarily go to the seminar. The only expenditure would be the cost for each member to attend. Mr. Weckbacher stated that since the Zoning Board members are not members of OTA the cost will be $780.00 and he allowed $1,000.00 his 2011 budget for education. Mr. Weckbacher stated that he will highly suggest that the members attend the seminar. The Board stated that they were fine with the Zoning Board members attending the OTA seminar. Trustee Capaldi stated that she would like to know who attends since these members are appointed by the Board of Trustees.
Consider Court Enforcement Action of Residential Maintenance Violation at 15th Street SW
Mr. Weckbacher stated that he and Trustee Laubacher received complaints regarding 4865 15th St. SW. There were previously problems with this residence and Trustee Laubacher tried to intervene to find other ways to help this gentleman and nothing has happened. Mr. Weckbacher stated that he has spoken with Mr. Hall and emailed him pictures along with the posting and letter sent to the resident. Mr. Hall advised Mr. Weckbacher to put this matter on the agenda to proceed with court action. Trustee Capaldi inquired if the resident responded to any of the correspondence. Trustee Laubacher stated that he herd from a neighbor that when the resident found the posting he took it down and tore it up. If you try and talk to the resident he will not even acknowledge you. Mr. Hall stated that due to the nature of the residential property maintenance code violations he recommends that the Board authorize him to file a lawsuit and get court orders to bring this gentleman to court to force him to make the repairs. Trustee Chessler stated that the letter from Mr. Weckbacher is dated April 7 and the photographs of the posting were taken on April 8. Trustee Chessler inquired when the notice was given to the resident. Mr. Weckbacher stated that he posted the notice on April 8. Trustee Chessler stated that ten (10) days from April 8 is April 18 or 19.
Trustee Chessler made a motion that the Board authorize the Zoning Inspector with the assistance of the Law Director to take whatever action seems appropriate based on the discussion which would include filing an action in Common Pleas Court to remediate the listed zoning violations; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Mowing Contractors for 2011
Mr. Weckbacher stated that he send out eight (8) applications for mowing contractors and only received four (4) back. Mr. Weckbacher stated that he and Mr. Hall went through the four (4) applications and they met all requirements. Mr. Weckbacher recommended that the Board approve Clay’s Lawn Service, Sees Lawn Care, Mr. Green Lawn Care and Mark’s Mowing for grass cutting services in 2011 at $40.00 an hour.
Trustee Capaldi made a motion that the Board approve Clay’s Lawn Service, Sees Lawn Care, Mr. Green Lawn Care and Mark’s Mowing for grass cutting services in 2011 at $40.00 an hour; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Parks: None.
Executive Session(s):
Department Matters Not Requiring Board Action:
Administration:
Archiving Status Update
Trustee Capaldi stated that the Board received a memorandum regarding the archiving status update. Trustee Capaldi inquired if anyone had any questions regarding this matter. Trustee Chessler stated that he did not have any questions.
Fire Department: None.
Parks/Recycling: None.
Police Department: None.
Road Department: None.
Zoning: None.
Law Director: None.
Announcements:
Trustee Laubacher stated that the 2nd Annual Project Perry Pride was held on Saturday, April 16, 2011. A total of twenty-five (25) residents had requested clean up services and eighteen (18) Township and road clean up assignments. There were two hundred and eighteen (218) students and forty-two (42) adult volunteers. Project Perry Pride extremely successful even though it was raining and windy. Trustee Laubacher thanked Mrs. Sherri Barth and Miss Keri Dean for all of their efforts in coordinating this years event.
1. Stark County Commissioners will conduct a public meeting at the4 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 to 2:00pm at the Gateway- Sippo
3. May Township Trustee meeting schedule- May 3 and 24 Regular Meetings and May 10 Work Session.
4. The Perry Township hosting SCTA meeting on May 19 at 6:30pm at the Perry Township Police Department community room.
5. Ohio Division of Liquor Control- Lakeside party Center Banquet and Meeting Hall Inc. DBA Lakeside Center- 5225 Leona Ave. SW- Perry Twp. Navarre, Ohio Permit #4978160- New- Response must be dated no later than 5/9/11.
6. Ohio Division of Liquor Control- Dandeia LLC DBA Angellos Restaurant Entire Building- 4905 Tuscarawas Perry Twp. Canton, Ohio 44708- Permit #1414130- Transfer- Response must be dated no later than 5/16/11.
7. Ohio Division of Liquor Control- Scoreboard Sports Pub Inc. 3202 Lincoln Way E 1st Street Perry Twp- Massillon, Ohio 44646- Permit #7919956- Response must be dated no later than 05/16/11.
Public Speaks-Open Forum:
Robert Cash- 3124 Woodrich St. SW. Mr. Cash read his letter that he submitted to the Board regarding his concerns. Mr. Cash indicated that he would like a new storm drain, chip and seal. Trustee Capaldi explained the Township’s plan for remedying this problem.
Rhonda Foss- 3125 Woodrich St. SW. Ms. Foss explained to the Board the problems she has experience in reference to Mr. Cash’s concerns.
Fred Anania- Mr. Anania stated that he is confused about the Deputy Chief lawsuit and why this situation couldn’t be resolved in house. Mr. Hall stated that the Board tried to resolve this matter in house and they unions claim the do not know what they want. It can not be resolved at this time. Mr. Anania inquired if the Board asked the unions what they want. The Board stated that they have asked the union many times what they want to resolve this matter. Trustee Laubacher stated that the Board took this matter to court because it could not be resolved. The Sergeants were asked if they wanted to be Deputy Chief and they did not want that position. Therefore, the Board moved on and the Sergeant are not happy with their decision for Deputy Chief. Trustee Capaldi stated that the Board takes very seriously their relationship with the unions and the Board has gone above and beyond to form committees and hold discussions with them so that they can work together.
Dan Coen- 3105 Crescentview SW. Mr. Coen expressed his concerns regarding trash company’s coming around the neighborhood and collecting trash in the early morning hours. Mr. Coen stated that he was awakened by Republic Waste at 3:48am and asked the Board if they could do anything to help with this matter. Trustee Chessler stated that he would call Republic Waste. Mr. Hall stated that he will do some research to see if the Board has any authority.
Adjournment:
With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 8:37pm; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Lee C. Laubacher, President
Joe Schlegel, Fiscal Officer