Regular Meeting
Perry Township Board of Trustees
Regular Meeting
February 15, 2011 7:00pm
Call to Order/Pledge of Allegiance:
Excused absence: Chief Pomesky, Police Department
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests: None.
Communications: None.
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 and payroll in the amount of $228,400.95 for the week ending February 15, 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 February 8, 2011 Work Session minutes; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Administration:
Consider Tenant Farmer Applicant (see page 3)
Fire Department:
Consider the Purchase of Structural Fire Fighting Hose
Chief Martin stated that the Fire Department is requesting the Board’s authorization for the purchase of twenty-four (24) section, 1 ¾” of structural fire fighting hose from Fire Force, Inc. at a total cost not to exceed $2,496.00. This is to replace a structural fire fighting hose that through its normal use got damaged.
Trustee Capaldi made a motion that the Board authorize the purchase of twenty-four (24) sections, 1 ¾” hose from Fire Force, Inc. at a total cost not to exceed $2,496.00; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Police Department:
Consider Purchase of Squad 45
Chief Martin stated that squad 45 is the old 1992 International which has been a back up ambulance for several years. The Fire Department recently purchased a new ambulance and remounted another ambulance. The resale on a 1992 International at auction would be less than the price that Chief Pomesky has agreed to pay for it. The Police Department is planning on using the ambulance for evidence collection. Chief Martin stated that the ambulance has approximately 45,000 miles on it and has a perfect maintenance record. The purchase price agreed upon was $5,000.00. Trustee Capaldi stated that this is an allowable purchase from the Law Enforcement Trust Fund which does not cost tax dollars. Trustee Chessler inquired if there was some methodology to arrive at $5,000.00. Chief Martin stated that Supervisor Swisher went online to several trade publications and compared the 1992 International to other ambulances that had similar mileage.
Trustee Laubacher made a motion that the Board authorize the Police Department to purchase from the Fire Department squad 45 which is a 1992 International ambulance at a price of $5,000.00 from the Law Enforcement Trust Fund; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Renewal of Cintas Contract
Trustee Laubacher stated that he would like to table this matter. . Trustee Capaldi inquired if any other quotes were received and if there were comparable companies in the area that could help with pricing. Administrator Fetzer stated that at this time Chief Pomesky had obtained one quote to submit to the Board. The Cintas renewal quote for services provided in 2010 was $423.00 per month, and the 2011proposal would be $430.80 per month. Trustee Capaldi inquired if the Township could look into this matter together since other departments utilize Cintas as well. Administrator Fetzer responded yes, however, the Township Administration Office does not utilize Cintas monthly services Mr. Masalko stated that the Road Department uses Cintas and their contract price did not increase this year. Chief Martin stated that the Fire Department gets two (2) floor mats and shop clothing. Trustee Laubacher stated that the uniforms for Park/Recycling are through Cintas as well. Trustee Capaldi stated that she does not recall pricing these services as a Township since she has been on the Board and requested that Administrator Fetzer coordinate a total Township quote assessment. Mr. Hall stated that these types of contracts typically include a clause in them that state if you don’t give notice then they will automatically renew. Traditionally, in the past it has been recommended that those clauses be removed from the contract. Mr. Hall advised that Department Heads be conscious of this so that the clause can either be removed or handled appropriately. The Cintas topic will be discussed further at the March 1st regular meeting.
Trustee Chessler made a motion that the request submitted by Chief Pomesky dated January 26, 2011 be tabled for further consideration consistent with the Board’s discussion; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Road Department: None.
Parks: None.
Law Director:
Consider Tenant Farmer Lease/ Consider Tenant Farmer Applicant
Mr. Hall stated that last week at the work session the Board discussed revisions and changes to a draft lease. Once the Board is comfortable with some of the proposed language the next step would be to direct the Advisory Committee to meet with the highest ranked tenant farmer and begin negotiations. Trustee Chessler stated that he would like the proposed tenant farmer to have the opportunity to review the draft lease prior to meeting with the Advisory Committee. Trustee Capaldi inquired if the Board should be more specific in the lease regarding the permitted use of the property as it is stated in the master plan. Mr. Hall stated that the proposal submitted by the eventual tenant farmer was incorporated by reference; therefore, it would tie in and further define those purposes. Trustee Chessler inquired if the deed restrictions should be referenced. Mr. Hall stated that the deed restrictions should be referenced and he would make those changes.
Zoning:
Consider Zoning Fee Waiver- Perry High School Phase 1B Renovation/ Addition
Mr. Weckbacher stated that he received a letter from Harris Day Architect for Perry High School Phase 1B renovation/ addition requesting that the zoning fee be waived. The Township received a similar request several months ago for Phase 1A. Trustee Chessler verified that the Board of Trustees can legally waive the fee. Mr. Hall stated that was correct and suggested that Mr. Weckbacher discuss this matter with the Zoning Commission to see if a permanent change to the zoning resolution is necessary. Mr. Weckbacher stated that he does have a site plan available if the Board would like to review it.
Trustee Capaldi made a motion that the Board waive the zoning fee for Perry High School Phase 1B renovation/ addition; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department:
Submit Monthly Activity Report
Road Department: None.
Zoning: None.
Law Director:
Notification of POW Fact Finding Day II- Thursday, February 17, 2011 at 10:00am
Announcements:
a.) SCTA meeting will be held Thursday, February 17, 2011 at 6:30pm- Hartville Kitchen- 1015 Edison Street NW, Hartville, Ohio 44632- Hosted by Lake Township
Public Speaks-Open Forum:
Stan Surmay- 4895 Fohl St. SW. Mr. Surmay explained his concerns regarding the drainage in the area of his residence and would like financial assistance from Perry Township and the County. Mr. Surmay stated that the size of the pipe was increased on Beth Ave. SW and now his property is being flooded. Trustee Chessler stated that he came out and assessed the area and spoke with Gary Connor (Stark County Engineer’s Office) who is familiar with this situation. Mr. Connor indicated that the problem existed on private property and that public roads were not a contributing factor. Trustee Chessler stated that before assessing Mr. Surmay’s property he had a conversation with then Commissioner Bosley and inquired how the Township would be involved with this drainage problem. Commissioner Bosley did not have a good answer to that question. Off road drainage is normally the domain of the County. Mr. Surmay stated that the Township increased the size of the pipe. Mr. Masalko stated that the pipe was increased from a twelve (12) inch pipe to a fifteen (15) inch pipe but when Mr. Surmay expressed concern about it, rip rap was placed at the end of the pipe in an effort to slow down the flow. Trustee Capaldi inquired if there was a way to redirect the flow of the water. Trustee Chessler stated that Mr. Connor stated that going from a twelve (12) inch pipe to a fifteen (15) inch pipe did not create this problem. Trustee Laubacher stated that part of the problem has been the disintegration of the old clay tile. The water has increased because of the houses that have been built on the property therefore; there is a lot of run off into the fields which cannot absorb it. Trustee Capaldi stated that the clay tile that is dilapidated is off road drainage which is a County issue. Trustee Laubacher stated that was correct. Mr. Surmay stated that there have only been four (4) or five (5) houses and they haven’t made a difference. Trustee Laubacher stated that Mr. Connor had suggested making some type of swale and putting pipe down to the creek. Trustee Capaldi stated that when the County came to the Stark County Township Association meeting a couple of months ago they indicated that they were hoping to have some drainage money and wanted to hear from the Townships. Trustee Laubacher stated that he had indicated to Mr. Surmay on the phone that he would be happy to get in contact with the Commissioners regarding this drainage issue. Trustee Capaldi inquired if Trustee Laubacher would like to set up a meeting with the Commissioners. Trustee Laubacher stated that he would set up a meeting to discuss this issue further. Trustee Chessler clarified that the Township can advocate with the County Commissioners and hopefully encourage them to use their authority and money to remedy this drainage issue. Trustee Chessler stated that the law is clear that the Board of Trustees are not authorized to construct ditches, and Township equipment may not be used to repair, clean or maintain private ditches or water courses. The law is the law and the Township can not use its money, equipment or manpower to go on private property no matter how severe the drainage problem is. The County Commissioners have the sole authority and responsibility as to both Township and County ditches except the Townships are responsible for cleaning and maintaining Township roadside ditches.
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, Law Director and Road Superintendent with no action to be taken; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
The Board adjourned into Executive Session at: 7:32pm
The Board adjourned from Executive Session at: 7:50pm
Adjournment:
With nothing further to come before the Board, Trustee Laubacher made a motion to adjourn the meeting at 7:50pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Lee C. Laubacher, President
Joe Schlegel, Fiscal Officer