Regular Meeting

Perry Township Board of Trustees

Regular Meeting

March 15, 2011 7:00pm

Call to Order/Pledge of Allegiance:

Excused absence:  John Masalko

Additions/Deletions to Agenda:

Administrator Fetzer asked the Board to table the acceptance of the Cintas uniform contract until the next Regular Meeting on April 5, 2011.

Trustee Capaldi made a motion that the Board remove the consideration of the Cintas uniform contract as one was not submitted properly; Seconded by Trustee Chessler.

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

Public Hearings/Invited Guests: None.

Communications:  None.

Public Speaks on items up for Board Approval: None.

Township Business requiring Board Action:

Unfinished Business: None.

New Business:

Trustee Laubacher made a motion to approve bills and payroll in the amount of $165,152.88 for the week ending March 15, 2011; Seconded by Trustee Capaldi.

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

Fiscal Officer: 

Trustee Capaldi asked that a statement she made at the Work Session be added to the March 8, 2011 minutes regarding safety issues.  Administrator Fetzer stated that the edit will be made.

Trustee Chessler made a motion to approve the minutes from the March 8, 2011 Work Session minutes with a minor adjustment; Seconded by Trustee Laubacher.

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

Administration: 

Consider Tenant Farmer Lease Revisions

Trustee Laubacher made a motion that the Board accept the contract for purposes of discussion; Seconded by Trustee Chessler.

Trustee Capaldi stated that two (2) documents were referenced in the plan and she brought them up last week at the Work Session; the leasers “Request for Proposal” dated November 20, 2010 and the leasee’s proposal dated December 3, 2010.  Trustee Capaldi stated that her concerns are that the Township is relying on these two (2) documents to help set forth the services that are required and limited on the Fasnacht Farm property.  However, it appears to be that the services are not specific enough.  For example, the “Request for Proposal” does not state specifics but asks the applicant to provide those specifics.  One of the services specified by the applicant was “fowl and goat” raising.  Trustee Capaldi stated that her understanding of the reference to these documents is that if the Board approves this lease then they are approving everything that the applicant has listed.  Trustee Capaldi suggested adding something to the contract that says each activity must be approved by the Board or the Committee before it occurs which will lock the risk that the Board can’t argue whether the tenant farmer can or can not do something.  This will protect and allow the Board to have some control over the activities and services that occur at Fasnacht Farm. 

Trustee Chessler stated that the Board discussed an ongoing requirement that at years end the leasee would provide to the Board a proposed plan for the upcoming year.  Trustee Chessler stated that Trustee Capaldi’s suggestion could be incorporated into the ongoing requirements.  Trustee Capaldi stated that the current lease states that “no later than October 30 the leasee shall meet with the leaser to discuss the plans for next years plan and program” but not to discuss and seek approval.  Trustee Chessler stated that every year the tenant farmer will submit to the Board what he is going to do.  Trustee Capaldi inquired what is to keep the tenant farmer from raising goats.  The Board has already heard from the public that they do not want livestock at the farm.  Trustee Capaldi stated that she doesn’t feel that referencing the two (2) documents alone will protect the Township from what the tenant farmer may or may not have a legal right to do.  Mr. Hall stated that he understood Trustee Capaldi’s concerns but they were trying to draft a document that was broad enough to accommodate the concept that the Committee has put together and the proposal from Mr. Steigerwald without making it so lengthy and burdensome that it becomes so restrictive that nothing can take place.  Mr. Hall suggested that number five (5) “Occupation of Premise,” third (3^rd) paragraph adding that the tenant farmer cannot do anything that is not permitted by law acknowledging that on a 30+ acre parcel it is exempt from zoning and agricultural uses.”  Therefore, it is permitted to raise “fowl and goats.”  On page three (3), the fourth (4^th) and fifth (5^th) paragraphs basically provide that the leasee must present his initiative and plan for the next year no later than October 30.  Mr. Hall stated that he agrees with Trustee Capaldi in that they should add a phrase that states that any plans should be subject to the prior approval of the leaser.   That way before the tenant farmer starts doing anything the Board will have prior knowledge and the ability to approve or reject the proposal.  Mr. Hall stated that he will make those changes to the contract.

Trustee Capaldi inquired how the first year fits into the contract.  Mr. Hall stated that from the time of contract approval until December 15 the tenant farmer is only going to be crop farming.  The tenant farmer will then bring his proposal for the next year to the Board.  Trustee Chessler stated that it is on a year to year basis.  Mr. Hall stated that each next years plans and aspirations from the tenant farmer must be presented by October 30 and is subject to prior or written approval of the Board. Trustee Capaldi inquired if it could be written in a way to suggest that it is required before commencement of the current year.  Mr. Hall responded yes. 

Trustee Chessler stated that he is in support of the notion that for the first year the Board would like to approve the activities and prohibit anything beyond crop production.  Each subsequent year the tenant farmer will be required to submit a plan that is subject to the Board prior written approval.  The Board will have an opportunity on an annual basis to review the activities that will be permitted in ensuing years.  Trustee Capaldi stated that by crop production that would limit the use of a produce stand for the first year.  Mr. Hall stated that he doesn’t know how far along the proposals hope to be this year.  Trustee Laubacher stated that there is not a place for him to sell the crops unless he opened up the barn and used part of it as a produce stand.  Trustee Capaldi suggested that the tenant farmer request approval for his activities this year before he starts anything.  Mr. Hall responded yes and that he can add a phrase into the paragraph discussed previously.

Trustee Laubacher stated that the tenant farmer is not going to be living in the Fasnacht Farm residence until November 15.  Mr. Hall stated that was correct.  Trustee Laubacher inquired if the tenant farmer can earn the credits for mowing and repairs made so that he can put that towards future payments of rent.  Mr. Hall stated that the rent would commence with the signing of the lease.  Trustee Laubacher stated that he thought the rent was for the house.  Mr. Hall stated that the rent is for the house, fields and the farm as a whole.  The credits are for farming, lawn maintenance and other routine maintenance of the premise in a clean, safe and healthy manner.  Assuming that this comes to fruition and assuming that Mr. Steigerwald signs the lease it becomes affective upon signing the contract.  Trustee Laubacher inquired why Mr. Steigerwald would have to pay the rent for the house if he is not getting any use out of it until November.  Trustee Chessler and Trustee Capaldi stated that it was Mr. Steigerwald’s choice not to move into the house until November.  Mr. Hall explained that the rent is for the use of the property as a whole.  Trustee Laubacher inquired if Mr. Steigerwald could move into the house prior to November 15.  Mr. Hall stated that would be up to Mr. Steigerwald. 

Trustee Capaldi inquired what the Board’s “out” would be if the general fund budget is sliced to the max and there is expenditure that the Township can not afford.  Mr. Hall stated that there is no provision in the current contract draft.  Trustee Capaldi stated that in the purchase agreement of the farm it states that the Township has to keep the house there but there is a clause that states if the house becomes financially unfeasible to maintain the structure then the Township does not have to.  Mr. Hall stated that phrase would be appropriately added under page three (3), paragraph seven (7) which discusses destruction of premises.  Trustee Capaldi stated that this project is self supporting and appears that the only expenditure would be if something catastrophic was needed on the property.  Mr. Hall stated that some of those catastrophic expenditures would be covered under insurance and some would not.  For example, the furnace going out would not be covered by insurance and would be the responsibility of the Township as the landlord.  Mr. Hall stated that he will come up with the appropriate language for the contract regarding what will happen in a situation where the cost of repairs become so that the Board is unable to financially afford them.  Trustee Laubacher inquired if this will include a specific dollar amount.  Mr. Hall stated that it will be determined on a case by case basis.

Trustee Laubacher withdrew his motion.  Trustee Chessler withdrew is second.  The Board will readdress this matter at the first meeting in April after Mr. Hall makes the edits as discussed.

Trustee Chessler made a motion that the Board authorize the Law Director to make changes to the draft lease consistent with the discussion tonight and provide the revised draft lease to the tenant for his review and approval and report back to the Board; Seconded by Trustee Capaldi.

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

Consider Accepting Archiving Quote

Administrator Fetzer stated that the Board has received three (3) quotes regarding the Township’s future archiving abilities. 

 

Administrator Fetzer asked the Board to consider making a motion to offer Seifert Technologies to install the archiving program as quoted or upon a labor negotiated price at a cost not to exceed $5,040.00.  Trustee Capaldi stated that this program will allow the Township to search based on a topic that someone requests as a public records request.  This program will allow the ability to store and search data.

Trustee Capaldi made a motion that the Board hire Seifert Technologies for email archiving at a cost not to exceed $4,040.00 if they were not to accept that then the Township will enter into a contract with Connecting Point for $4,040.00; Seconded by Trustee Laubacher.

Trustee Laubacher inquired if the Board is allowed to do what they made the motion for.  Mr. Hall responded yes and that the Board is well below the bid limit.  Trustee Laubacher inquired if Connecting Point gave any type of time line.  Administrator Fetzer responded no. 

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

Fire Department:

Consider Safety Retro-fits for Station Two, Off-Road All Terrain Vehicle

Chief Martin stated that the Fire Department is asking the Board of Trustees to authorize an expenditure of $1,513.00 to Hartville Hardware for the installation of personnel safety protection equipment on Station #2’s all terrain off-road vehicle.  The off-road vehicle was purchased several years ago but certain safety devices were not installed on it such as roll over protection, seatbelts, windshield and a roof.  Last summer when the young girl went missing, the off-road vehicle was helpful to both police and fire.  It was extremely hot out and comments were made about how the sun was beating down on them.  Trees and twigs were hitting them in their faces.  The off-road vehicle was also used at the Turkey Trot to follow the runners just in case someone became injured.  It rained at last years Turkey Trot and the drivers of the off-road vehicle were soaking wet.  Chief Martin stated that these are basic safety elements that need to be added.  Hartville Hardware provided the lowest quote and they are an authorized John Deere dealer.  Trustee Capaldi stated that the off-road vehicle was a gift to the Fire Department so this is the only expenditure for the apparatus.    Chief Martin stated that was correct.

Trustee Laubacher made a motion that the Board authorize the Fire Chief to purchase from Hartville Hardware at a price of $1,513.00 the roll over protection, seatbelts, windshield and roof for the off-road vehicle at Perry Station #2; Seconded by Trustee Chessler.

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

Consider Authorizing the Solicitation of Bids for Turnout Gear Extractors and Dryers

Chief Martin stated that over the last eighteen (18) months the Fire Department has spent approximately $125,000.00 on brand new turn out gear.  According to the Ohio Administrative Code, NFPA Standards and based on the risk management assessment done earlier in the year the turnout gear is required to be washed and dried in a certain fashion.  If not, the treads break down.  The extractors and dryers are preventative maintenance.  Chief Martin stated that he budget $45,000.00 in this years budget for the purchase of extractors and dryers.  Since the purchase is going to be over $25,000.00, Chief Martin asked the Board to authorize him to solicit for bids.  Chief Martin stated that he and Mr. Hall drafted the specifications.  The bids will be accepted until April 19, 2011.

Trustee Chessler made a motion that the Board authorize the Fire Chief with the assistance of the Law Director prepare the documents to solicit for bids for turnout gear extractors and dyers and to have the requirements met so that the bids may be opened at the April 19, 2011 Regular Meeting; Seconded by Trustee Capaldi.

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

Consider the Hiring of Brad Shaffer as a Part-time Firefighter/ EMT-B

Chief Martin asked the Board to consider the hiring of Brad Shaffer as a part-time firefighter- EMT-B.  Total work hours not to exceed 1500 hours per year.  Mr. Shaffer has been on the Fire Department on a couple of occasions.  In talking to Station #2 Chief Chad Schafer (no relation) and Deputy Chief Sedlock they are welcome to bring Mr. Shaffer back on to Station #2 but would like him to meet some performance standards since this is the third time he is returning to the department.  Chief Martin stated that Mr. Shaffer is fine with the performance standards that are outlined in the memorandum received by the Board.  Captain Rachel Berkey was assigned as Mr. Shaffer’s mentor to be sure that he fulfills his obligations.  Trustee Capaldi inquired with the amount of people that are on the Fire Department that there is a need to add one more.  Chief Martin stated absolutely and for this organization there isn’t a ceiling for hiring part-time people because when you need them, you need them.  Part-time people are critical to the Fire Department.

Trustee Laubacher made a motion that the Board hire Brad Shaffer as a part-time firefighter/ EMT-B with total work hours not to exceed 1500 hours per year with the Perry Township Fire Department including the additional conditions of his probationary period outlined in the memorandum provided to the Board; Seconded by Trustee Chessler.

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

Police Department:

Consider Request of Preliminary Breath Test Equipment

Chief Pomesky stated that earlier this year the Police Department was advised by the Ohio Traffic Safety Office that there is additional funding available through the grant of the Stark County OVI Task Force.  After receiving notification, the Police Department applied and was awarded the grant in the amount of an additional $20,000.00.  The grant funds can be used to purchase equipment to increase the apprehension rate of impaired drivers County-wide.  The goal of the grant was to decrease the amount of fatal crashes involving alcohol and reduce instances of alcohol related crashes.  Chief Pomesky stated that he had to show how the equipment would be dispersed.  The item researched was a portable breath test.  This piece of equipment will affect fifteen (15) agencies County-wide.  It includes the alcohol tester, mouth pieces for intoxilizer, dry gas canisters to check accuracy, regulator for canisters and mandatory HAZMAT fee.  The total price for this project is $19,978.25 through CMI Equipment.  Chief Pomesky stated that he did not obtain three (3) quotes because he had to provide a price for the grant to get approval for the funding.  The equipment will have to be purchased by the department and then submit for reimbursement by the grant.

Trustee Chessler made a motion that the Board of Trustees authorize the acceptance of the grant that will benefit the OVI Task Force and further authorize the Police Chief to carry out the expenditures that he has outlined in his memorandum to the Board so that the equipment can be purchased in compliance with the grant terms.  Those expenditures are anticipated and estimated to be $19,978.25; Seconded by Trustee Capaldi.

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

Consider Fire Wall Renewal

Chief Pomesky asked the Board to consider the fire wall renewal for the Police Department’s network.  The fire wall is currently serviced through NEO Digital and the price to renew the contract is $1,070.00.

Trustee Capaldi made a motion that the Board enter into an agreement with NEO Digital to renew the fire wall at a price of $1,070.00 for the Police Department; Seconded by Trustee Laubacher.

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

Consider JAG- LE Acceptance Request

Chief Pomesky stated that the Police Department applied and received JAG- LE grant funding in the amount of $9,317.34 towards the mobile computing project.  As part of this grant the Township is required to provide a ten percent (10%) match which would be $1,035.26.  The Police Department has a goal this year to implement the field based reporting system and this grant will help aid in some of the costs.  Chief Pomesky asked the Board to accept the JAG- LE grant.  There is an open meeting tomorrow to explain the preliminary specifications and the reporting that the Police Department would have to comply with on the grant.

Trustee Capaldi made a motion that the Board accept the JAG-LE grant for $9,317.34 which requires a Township match of ten percent (10%) or $1,035.26 for a grand total of $10,352.50; Seconded by Trustee Chessler.

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

Consider Resignation of Alivia Myers

Chief Pomesky asked the Board to accept the resignation of part-time records clerk Alivia Myers.  Ms. Myers is nearing the end of college and will be pursuing her career in teaching.

Trustee Capaldi made a motion that the Board accept the resignation of Alivia Myers effective March 9, 2011; Seconded by Trustee Chessler.

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

Consider Resignation of Lee Bowman

Chief Pomesky asked the Board to accept the resignation of Officer Lee Bowman effective March 22, 2011.  Mr. Bowman has chosen to pursue a career outside of law enforcement.

Trustee Chessler made a motion that the Board accept the resignation of Perry Township Officer Lee Bowman effective March 22, 2011 at the completion of his shift; Seconded by Trustee Capaldi.

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

Road Department: None.

Law Director: None.

Zoning: None.

Parks: None.

Department Matters Not Requiring Board Action:

Administration: None.

Fire Department: None.

Parks/Recycling: None.

Police Department: None.

Road Department: None.

Zoning: None.  

Law Director: None.

Announcements:

Chief Martin gave a report to the Board regarding another life saved. Medics were able to respond quickly and get the ninety-four (94) year old year old male with a 100% clogged artery to the hospital to save his life.  Chief Martin thanked all residents in Perry Township, the Board and men and women of the Fire Department for a collective effort to make the service more effective.

Trustee Capaldi announced that Project Perry Pride will be taking place on Saturday, April 16, 2011.  Dates and flyers for participants are available at Township Hall.

Public Speaks-Open Forum: None.

Executive Session(s): 

Trustee Laubacher 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 to Board, Fiscal Officer and Law Director with the possibility of action to be taken; Seconded by Trustee Capaldi.

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

The Board adjourned into Executive Session at: 7:55pm

The Board adjourned from Executive Session at: 8:25pm

Trustee Capaldi made a motion that the Board convene for a Special Meeting on March 22, 2011 at 7:00pm for the purpose of considering the fact finding report for the POW; Seconded by Trustee Chessler.

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

Adjournment:

With nothing further to come before the Board, Trustee Capaldi made a motion to adjourn the meeting at 8:26pm; Seconded by Trustee Chessler.

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

Lee C. Laubacher, President                                   

 Joe Schlegel, Fiscal Officer