Regular Meeting
Perry Township Board of Trustees
Regular Meeting
December 20, 2011 7:00pm
Call to Order/Pledge of Allegiance:
Excused absence: Charlie Hall, Law Director
Additions/Deletions to Agenda:
Trustee Chessler stated that he asked Mr. Hall for a legal opinion on the matter of compensation apportionment five (5) days ago and has not yet received a response. Trustee Chessler stated that he is not in favor of the resolution that Mr. Hall has provided and he would like Mr. Hall to present an alternative resolution for consideration.
Trustee Capaldi made a motion that the Board delete the agenda item regarding compensation apportionment; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Public Hearings/Invited Guests: None.
Communications:
Adam Silla, Fire Department Member- Provided Documents to the Board on December 14, 2011- Consider Election of Volunteer Firefighters Dependents Fund Board
Trustee Laubacher stated that the Board received some documents from Mr. Adam Silla regarding the election of Volunteer Firefighters Dependents Fund Board. Trustee Laubacher volunteered to take one (1) of those available positions. Trustee Capaldi asked for some further explanation. Trustee Laubacher stated that it has to do with if a volunteer fireman is injured, disabled or killed in the line of duty. The Board would strictly oversee that instance. Chief Martin stated that this is a requirement under the Ohio Revised Code (ORC). Trustee Capaldi inquired if the Board is a completely separate body. Chief Martin stated that every the ORC lays out how the process is to be done. In years past, Perry Township has not complied with the ORC and this is an attempt to be in compliance. Chief Martin stated that the Dependency Board is an independent body. The Board of Trustees is supposed to select two (2) members and the Fire Department is supposed to pick two (2) members and those four (4) individuals would pick one (1) civilian. Trustee Capaldi inquired if the Township has ever been in compliance and if there was a list of who might have served on this Board in the past. Chief Martin stated that the best that he can determine in talking to Deputy Chief Sedlock is that the same five (5) people that were on the Board for the last four (4) years. It’s been awhile since there has been compliance. Trustee Capaldi stated that it says 2010. Chief Martin stated that is because they just let the same group of people roll over. When it was discovered that they were not in compliance they simply picked the previous group of people. Trustee Capaldi inquired if the Board frequently meets as a body and inform the Board of Trustees when there is a vacancy. Chief Martin stated that the Secretary of the Dependency Board would let the Board of Trustees know if there is a vacancy. Chief Martin stated that once a year the Township has to send $150.00 to the State as a requirement as well.
Trustee Chessler stated that it sounds as though that there is some very fundamental questions that are begging for answers. In reviewing the title of the bill that was attached, apparently this fund is generated and overseen by the Dependency Board to provide benefits to spouses, children and other dependents of volunteer firemen killed while discharging their duties. Trustee Chessler inquired if Chief Martin could provide to the Board if possible a clearer outline of the Dependency Board’s composition, responsibilities, statutory requirements and fund balance. Chief Martin stated that there is no fund locally because the money is sent to the State of Ohio. Trustee Chessler inquired if the purpose of the Dependency Board is to oversee a claim should there be one. Chief Martin stated that is correct. There is no requirement for the Dependency Board to meet other than to select a committee which is required by the ORC. Trustee Chessler stated that the Board should thank Assistant Chief Silla for calling this noncompliance to their attention but this does call attention that the Township has not been in compliance for some while and should be reacquainted to the rules to see what the source of the other three (3) appointments would be. Chief Martin stated that this was actually brought to Mr. Hall’s attention last year but it was well beyond the date that the State of Ohio would like you to comply.
Trustee Capaldi inquired if there was a way to know who delegated who off of the list that of people that was provided and if anyone was still willing to serve. Chief Martin stated that he doesn’t get involved in it because it is a different component of the Fire Department. Trustee Capaldi inquired if the Board would need to contact Mr. Silla. Chief Martin stated that the Board could contact Mr. Silla or Mr. Tim Gatchell whom is the Chairperson. The Fire Department elected two (2) new people last night but those names are unknown at this time. Trustee Capaldi stated that the Board would need to solicit for interested parties and then determine if they are responsible members for the Dependency Board. Currently, the Board was not presented with any names. Trustee Laubacher stated that the Board has a month to make a decision. Trustee Capaldi stated that she will call Mr. Silla to get a better understanding. Trustee Chessler stated that Mr. Hall should explain this to the Board a little more. Chief Martin stated that the Board should have been elected prior to this date as of right now. The Board has until January 31, 2012 to provide that certification to the State of Ohio. The ORC states that the members should be selected no later than sometime in December. Administrator Fetzer stated that she would put this matter on the November master calendar as a reminder to this process each year. Trustee Chessler asked that this matter be placed on the agenda for the Reorganizational Meeting in January 2012 and prior to that ask that the Law Director advise the Board of their responsibilities in the composition of this committee so that the requirements are complied with.
Christmas Donations
Trustee Laubacher stated that approximately $2,700.00 was collected to provide Christmas presents to four (4) Perry Township families in need. $700.00 was collected from the Perry Township employees and the other $2,000.00 came from the sale of the Fire Department challenge coins.
Public Speaks on items up for Board Approval:
Brian Simon- 5450 Deerfield Ave. Mr. Simon stated that he and his wife met with Mr. Masalko regarding drainage concerns at 4735 4th St. NW. The drainage comes off of the road and into the driveway which eventually floods into the house. Mr. Simon stated that he emailed pictures to Mr. Masalko. Some resolutions to the problem have been discussed. Trustee Laubacher stated that you can see in the pictures provided that the road is much higher than the driveway. The road was put in approximately ten (10) years ago. Trustee Chessler stated that according to pictures it does not appear that this has any adverse affect on Township roadway. Mr. Masalko stated that is correct. Trustee Chessler stated that according to the memorandum provided by Mr. Masalko he advised the Board that he did not want to set precedence by completing drainage work on private property. Mr. Masalko stated that was correct. Trustee Laubacher stated that he and Mr. Masalko discussed whether or not to put an open ditch there but nobody else in the area has open ditches. The only other suggestion was installing a catch basin and there is a catch basin just east of this property approximately seventy-five (75) feet. Trustee Capaldi stated that this close to where the Stark County Engineers added drainage across Woodlawn. Mr. Masalko stated that was correct. Trustee Capaldi inquired if there was more water in the area prior to the additional drainage. Mr. Masalko stated that what the Stark County Engineers did was an improvement to Woodlawn but it did not really affect 4th St. NW.
Trustee Laubacher stated that he and Mr. Masalko discussed putting in a catch basin just east of the driveway and running pipe all the way down to the other catch basin. Trustee Laubacher inquired why Mr. Masalko felt that this project was off-road. Mr. Masalko stated that they could probably squeeze that in but the question is whether or not the Township should excavate the road. Trustee Capaldi inquired if the solution would be for the owners to put in open ditches. Mr. Masalko stated that is one suggestion and the other suggestion would be to put in a new apron or build up the current apron. Trustee Laubacher inquired if building up the current would make the water run back into the house. Mr. Masalko stated that he thinks it will force the water off of each side of the apron but with a combination of building up the apron and hooking up the catch basin that should do the job. With the apron it becomes a question of who is going to take on that expense. Trustee Chessler stated that the Board has told people before that the Township Road Department does not want to get into the business of putting in private driveways and aprons and doing things on private property that alleviate private property problems. It’s not just this property it is the precedent that the Township has struggled with all of these years. Mr. Masalko stated that the Board could table this matter until the next meeting so that this can be researched further. If this project is approved it will have to wait to be completed until the spring. Trustee Capaldi stated that the Board would also need to consult with the Law Director to determine what can and can not be done. Trustee Laubacher stated that this matter will be placed on the agenda for the January 10, 2012 Work Session.
Township Business requiring Board Action:
Unfinished Business:
Amendments to 125 Plan
Administrator Fetzer stated that Core Documents Incorporation is the administrator for the initial premium only plan back in 2009. Since then they have provided the Township with updated documents for the appropriate binder content. There are five (5) different sections for the resolution to adopt the premium only plan, employee summary, plan description, election form and administering section 125 premium only plan. The Fiscal Officer’s signature is required to amend the existing plan in both sections 1 and 2. Trustee Capaldi stated that the 125 plan was adopted several years ago to allow the premiums to be deducted from someone’s pay prior to taxes being applied. Trustee Capaldi stated that she reminded the Township’s brokers that with the HSA and other law changes with health care there needed to be amendments to the plan.
Trustee Capaldi made a motion that the Board adopt the amended 125 plan for Perry Township; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
New Business:
Trustee Laubacher made a motion to approve bills in the amount of $209,459.07 for the week ending December 20, 2011; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Fiscal Officer:
Consider Clearing Outstanding Checks and Adjustments Over 1 Year Old in the Amount of $458.72
Trustee Chessler made a motion that the Board approve the clearing of outstanding checks and adjustments over one (1) year old in the amount of $458.72; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Trustee Laubacher made a motion to approve the minutes from the December 13, 2011 Work Session; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Administration: None.
Fire Department:
Consider the Resignation of Steve Vick
Chief Martin asked the Board to accept the resignation of Steve Vick from the Perry Township Fire Department. Mr. Vick had twenty-one (21) years of service on the department and is a great fireman. At this time, Mr. Vick just does not have the time to dedicate to the department.
Trustee Capaldi made a motion that the Board accept the resignation of Steve Vick from the Perry Township Fire Department; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Police Department: None.
Road Department:
Consider Awarding Genoa Avenue School Zone Improvement Quotes
Mr. Masalko requested that this matter be tabled until the January 3, 2012 re-organizational meeting because there are still quotes coming in. Trustee Capaldi inquired if tabling this matter will still be within the time frame of the grant requirements. Mr. Masalko stated that the Road Department would still be in compliance with the grant.
Trustee Chessler made a motion that the consideration of the awarding of the Genoa Avenue school zone improvement quotes be tabled until the January 3, 2012 reorganizational meeting; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Drainage Concern at 4735 4th St. NW
Please see this discussion above under “Public Speaks on Items Up for Board Approval.”
Law Director: None.
Zoning:
Consider Zoning Assessments from August Through December 2011
Mr. Weckbacher asked the Board to consider the zoning assessment from August to December 2011 in the amount of $2,960.00. All properties were posted more than seven (7) days ago. No calls were received other than one bank transferring a property to another bank. Mr. Weckbacher stated that he needs to the Board to make a motion so that it can be sent to the Auditor’s Office to be certified.
Trustee Chessler made a motion that the Board adopt a resolution authorizing the Zoning Inspector to take the steps necessary to certify to the County Auditor the costs that the Township has incurred for board ups and mowing from the various Township properties listed in the information provided to the Board; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
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: None
Public Speaks-Open Forum: None.
Executive Session(s):
Trustee Laubacher made a motion that the Board adjourn into Executive Session pursuant ORC 121.22 (G) (4) to consider FOP Dispatchers, Patrol, Detectives and Sergeants collective bargaining to include the Board, Fiscal Officer and Police Chief; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Board adjourned into Executive Session at: 7:38pm
Board adjourned from Executive Session at: 8:00pm
Adjournment:
With nothing further to come before the Board, Trustee Capaldi made a motion to adjourn the meeting at 8:00pm; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Lee C. Laubacher, President
Joe Schlegel, Fiscal Officer