Regular Meeting
Perry Township Board of Trustees
Regular Meeting
December 21, 2010 7:00pm
Call to Order/Pledge of Allegiance:
Excused absence:
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 Capaldi made a motion to approve bills and payroll in the amount of $209,832.19 for the week ending December 21, 2010; Seconded by Trustee Laubacher.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fiscal Officer:
Consider Amended Certificate 27 Fund to increase $4,000.00 Regarding Employees Refund
Mr. Schlegel asked the Board to approve an amended certificate increasing the 27 insurance fund by $4,000.00.
Trustee Capaldi made a motion that the Board approve an amended certificate for the 27 Fund to increase $4,000.00; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Advance if Necessary of 01 General Fund to 14B Account- OVI Task Force in the amount of $34,435.64
Mr. Schlegel stated that he needs the Board to approve an advance from the General Fund to the 14B- OVI Task Force in the amount of $34,435.64. The Township is expecting a reimbursement check from the State of Ohio but this fund in currently in the negative. By law, all funds have to be out of the negative by the end of the year. The advance is just in case the check doesn’t come before the end of the year.
Trustee Capaldi made a motion that the Board approve an advance from the 01 General Fund to 14B Account- OVI Task Force in the amount of $34,435.64; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Trustee Capaldi made a motion to approve the minutes from the December 7, 2010 Regular Meeting and the December 14, 2010 Work Session minutes; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Administration:
Consider Request of BUSTR to Place Monitor Well at the Recycling Station
Administrator Fetzer stated that the Ohio Department of Commerce, Division of Safety Marshal, Bureau of Underground Storage Tanks Regulations is mandating that Pizza and Things located at 1711 Perry Drive SW define the extent of subsurface petroleum hydrocarbon contamination known to exist at their site. The containment is present due to a previous release of gasoline from underground storage tanks. Pizza and Things is required by law to notify the adjacent property owners and attempt to acquire site access to complete certain investigations to fully determine the extent of the impact of the release.
Administrator Fetzer stated that Mr. Rich Stolicny, owner of Pizza and Things is requesting permission to install one (1) environmental ground watering monitor well at the Recycling Station. Mr. Shreffler indicated that this would not be intrusive to the operations of the Recycling Station. Trustee Capaldi inquired if the Law Director had reviewed the agreement. Mr. Hall stated that he did review and approve the agreement.
Trustee Chessler made a motion that the Board approve the access agreement requested by Mr. Stolicny on behalf of the Bureau of Underground Storage Tanks Regulations and that the proper Township Official be authorized to sign on behalf of the Board that being the President; Seconded by Trustee Laubacher.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Annual Discharge fee of MS4 Permit in the Amount of $1,500.00
Trustee Capaldi made a motion that the Board pay the Ohio EPA Annual Discharge fee of MS4 Permit in the amount of $1,500.00; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Salary Apportionment
Mr. Hall stated that upon his opinions and recommendations, ORC 505.24 (C) Perry Township can apportion the costs of the Trustees compensation and is not required to be solely taken out of the General Fund. As the General Fund continues to be effected and continues to be dwindled and diminished especially with the anticipated loss of local government funds Mr. Hall recommended to Mr. Schlegel that the compensation of the Trustees be apportioned to that of each, the General fund, the Road Fund, the Police Fund and the Fire Fund in relation to the total Township budget. Since, Perry Township is a home rule Township it is also Mr. Hall’s recommendation that the Fiscal Officer’s salary be similarly apportioned. Even though there is no statute similar to 505.24 (C) for Fiscal Officer’s the Board with its home rule powers may conduct that under 504.04. Trustee Capaldi stated that it is her understanding that there are other Townships in the County that are considering Trustee/ Fiscal Officer salary apportionment. Mr. Hall stated that was correct.
Trustee Capaldi made a motion that the Board adopt a resolution for the Perry Township Board of Trustees to apportion the Trustees salary and benefits among all Township funds pursuant to O.R.C. 505.24 (C) apportion the cost of the Trustees compensation consisting of salary and benefits in a proportion equal to each the General Fund, Road Fund, Police Fund and Fire Fund in relation to the total Township budget; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Trustee Chessler made a motion that the Board pursuant to its authority under limited home rule chapter 504 of the Ohio Revised Code that the Board waive the requirement that the resolution to apportion the Fiscal Officer salary be considered by the Board at two (2) separate meetings and become effective on the passage of a resolution by the Board of Trustees by a unanimous vote; Seconded by Trustee Laubacher.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Trustee Laubacher made a motion that the Board of Trustees apportion the Fiscal Officer’s salary and benefits among all of the Township funds pursuant to O.R.C. 504.04 (A) (B) apportion the cost of the Fiscal Officer’s compensation consisting of salary and benefits in a proportion equal to each the General Fund, Road Fund, Police Fund and Fire Fund in relation to the total Township budget; Seconded by Trustee Capaldi.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fire Department:
Consider Hiring Gary Trompower as a Part-time Firefighter
Chief Martin asked the Board to approve the fire of Gary Trompower as a part-time firefighter/ EMT- P, total work hours not to exceed 1500 hours. Mr. Trompower already has his paramedic and State of Ohio firefighter certification. Mr. Trompower currently works for Marathon Refinery where he is a certified rescue technician which is an added bonus for Perry Township. Mr. Trompower will be assigned to Station #2, serve a one (1) year probationary period and be afforded all wages and benefits applicable to a part-time employee.
Trustee Chessler made a motion that the Board approve the hiring of Gary Trompower has a part-time firefighter/ EMT-P total work hours not to exceed 1500 hours per year and that he be assigned to Station #2, serve one (1) year probationary period and be afforded all wages and benefits applicable to part-time employees; Seconded by Trustee Laubacher.
Trustee Capaldi inquired if Mr. Trompower just applied or if he was referred to the Township by someone. Chief Martin stated that Mr. Trompower is the second individual from Marathon Refinery and works for their fire department. The industrial setting is different than the fire fighting point of view so Mr. Trompower wanted to be more involved in a structural component. Chief John Rhodes directed Mr. Trompower to the Perry Township Fire Department.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Police Department:
Consider Car Lift Replacement
Chief Pomesky stated that in speaking with Mr. Swisher (Maintenance Director) and looking at items to plan to purchase within the next year one of the items identified in order for the service of the Police Department’s vehicles to continue is a car lift at the service garage. Mr. Swisher obtained three (3) quotes to replace the current car lift which is over twenty (20) years old.
|
Company |
Quote |
|
Stertil Koni (Heavy Lift Systems Inc.) |
$15,323.00 |
|
Mohawk Resources LTD |
$8,737.16 |
|
Rotary (Myers Tire Supply) |
$6,085.00 |
Trustee Capaldi made a motion that the Board approve the purchase of a car lift from Rotary (Myers Tire Supply) and have it installed by CNC Services of Norwalk LLC, for a cost not to exceed $6,085.00; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Road Department:
Consider SCE Request to Submit Speed Zone Study to the Ohio Department of Transportation Concerning Nave Street Between Massillon City Limits and Genoa Avenue
Mr. Masalko stated that the Stark County Engineers Office provides the service of one (1) speed zone study per year and the road that was selected for 2011 was Nave Street between the Massillon City Limits (Richville Drive) and Genoa Avenue SW. The present speed of that street is fifty-five (55) miles per hour. The Stark County Engineers Office has conducted their study and has recommended that the speed limit be changed to forty-five (45) miles per hour. This recommendation has been submitted to the Ohio Department of Transportation (ODOT).
Trustee Chessler made a motion that the Board of Trustees request and permit the Stark County Engineer’s Office to submit the speed zone study for ODOT to determine a reasonable safe and prima fascia speed limit for the roadway between the Massillon Corporation Limits and Genoa Avenue SW and when the Board is advised by ODOT that such speed has been determined and declared a reasonable safe speed limit that the Board then be authorized to place the standard signs and properly post them in giving notice as required by law; Seconded by Trustee Laubacher.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Law Director: None.
Zoning:
Consider Board Members Reappointment and Appointment of Expired Terms
Mr. Weckbacher explained that there are currently two (2) Zoning Board Members up for reappointment; Doyle Parcel, Zoning Commission and Steve Harrison, Board of Zoning Appeals. Mr. Harrison has moved out of Perry Township and is no longer able to serve on the Board of Zoning Appeals. Mr. Marc Shefelton is the alternate on the Board of Zoning Appeals and has expressed an interest in taking the regular member position. Mr. Shefelton has submitted a letter to the Board of Trustees. Mr. Weckbacher stated that he does have another gentleman, Mr. Mark O’Brian, interested in the alternate position for the Board of Zoning Appeals. Other Township’s advertise the open Zoning Board positions in the newspaper every year. Mr. Weckbacher inquired if the Board would like him to advertise the open positions in the newspaper to see if there are any other Township residents interested. Trustee Capaldi stated that she would like to see the position advertised in the newspaper and asked for Mr. Weckbacher’s recommendation regarding Mr. Shefelton. Mr. Chessler stated that he has concerns that Mr. Shefelton is using the Board of Zoning Appeals as a stepping stone to run for office and would like to find out from Mr. Shefelton if that is the case. Mr. Weckbacher stated that Mr. Shefelton has been a great alternate member on the Board of Zoning Appeals. Mr. Hall stated that Mr. Shefelton uses a cerebral approach and is able to be objective. Trustee Capaldi stated that Mr. Shefelton is as honest as the day is long but if there is a hesitation she would ask him. Trustee Chessler stated that he would like to make that a practice for the future for everybody.
Trustee Capaldi made a motion that the Board table the reappointment and appointment of Zoning Boards to the reorganizational meeting in January; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Trustee Capaldi inquired how much it would be to advertise these positions in the paper. Mr. Weckbacher stated that he wasn’t sure. Trustee Chessler stated that it may possibly qualify as a public service announcement or press release. Mr. Weckbacher stated that he would look into it.
Consider Grass Cutting, Trash Clean Up and Board Up Assessments
Mr. Weckbacher presented the Board with the assessments from 2010 regarding grass cutting, board ups and all other violations of the residential maintenance code. A posting was left on the properties for fees to be paid by the homeowner and a few of them have changed. There are five (5) properties that have been transferred since the time of the violation and the new owners have asked not to be assessed. The total amount to be assessed for 2010 is $13,300.00 which includes the $150.00 administrative fee. The actual amount paid out for services is $4,450.00. Mr. Weckbacher stated that he needs the Board to approve this so that he can take it to the Auditor’s Office.
Trustee Capaldi made a motion that the Board file the zoning assessments for 2010 with the Auditor’s Office as listed by the Zoning Inspector with the exception of 1633 Clearbrook Rd. NW, 2609 Schering Ave. SW, 309 Linway Ave. SW, 4833 Piccadilly Ave. SW and 141 Edgewater Ave. NW; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Parks: None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department:
November 2010 Monthly Activity Report
Road Department: None.
Law Director: None.
Announcements:
a.) Ohio Division of Liquor Control provide notice of Christopher J. Palmer, 2840 Lincoln Way E. Suite B, Perry Township, Massillon, Ohio 44646- Requesting B New License #6659785- Responses must be post marked no later than January 18, 2011.
Public Speaks-Open Forum: None.
Executive Session(s):
Trustee Capaldi made a motion that the Board adjourn into executive session pursuant to O.R.C. 121.22 (G) (1) to discuss hiring, dismissing, disciplining, promoting, compensation to include the Board and Fiscal Officer initially then the Law Director, Administrator and Police Chief as called upon; Seconded by Trustee Chessler
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
The Board adjourned into Executive Session at: 7:48pm
The Board adjourned from Executive Session at: 9:15pm
Adjournment:
With nothing further to come before the Board, Trustee Capaldi made a motion to adjourn the meeting at 9:15pm; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Anna M. Capaldi, President
Joe Schlegel, Fiscal Officer