Regular Meeting
Perry Township Board of Trustees
Regular Meeting
January 22, 2013 7:00pm
Call to Order/ Pledge of Allegiance:
Excused absence: None.
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: None.
Unfinished Business: None.
New Business:
Trustee Haines made a motion to approve bills and payroll in the amount of $98,147.51 for the week ending January 22, 2013; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fiscal Officer:
Trustee Laubacher made a motion to accept the minutes of the January 15, 2013 Work Session; Seconded by Trustee Chessler.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Administration: None.
Fire Department:
Consider Renewal of Lifepak Maintenance Agreement
Chief Martin stated that the Fire Department is requesting that the Board of Trustees consider renewing the Physio Control Lifepak Maintenance agreement at a cost of $5,352.00 for a period starting February 1, 2013 to January 31, 2014. The Fire Department has seven (7) cardiac monitors and they are used on eighty (80%) of the calls for service. These devices take a beating and due to their technical nature a preventative maintenance plan is critical in keeping them functioning. Included in this agreement is reduced pricing on some of the equipment that is used that may be damaged or destroyed during the course of use. Physio Control is the only company that can work on their devices so there was not an opportunity to seek other quotes.
Trustee Laubacher made a motion that the Board renew the Physio Control Lifepak maintenance agreement at a cost not to exceed $5,352.00 for a period starting February 1, 2013 to January 31, 2014; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider One (1) Year Renewal of Dispatch Contract with CenCom
Chief Martin asked the Board to consider entering into a one (1) year renewal fire/EMS dispatching contract with CenCom for the year 2013. The fee for EMS dispatching is based on the total number of incidents that took place in 2012. The price per alarm is $34.00 which is the exact same price that the Fire Department has paid over the past couple of years. CenCom takes the lump sum which is $106,692.00 and divides that by twelve (12) months so that there are equal payments of $8,891.00. Trustee Laubacher stated that the calls for service are up so the cost goes up but that can not be helped.
Trustee Laubacher made a motion that the Board authorize the Fire Department to enter into a fire/EMS dispatching contract with CenCom for the year 2013 at a price of $34.00 per call which is a monthly cost of $8,891.00 or a total yearly cost of $106,692.00; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, no.
Consider Replacement of Broken Urinal at Station #3
Chief Martin stated that the Fire Department is requesting that the Board of Trustees authorize the services of Blythe Construction for the replacement of the broken urinal at Fire Station #3 at a cost not to exceed $2,155.80. The bathroom facility was installed in the 1960’s so the Fire Department has gotten fifty (50) years of use out of the urinal. There is now a strong odor that omits from that facility. The Fire Department has tried numerous amounts of different commercial products to lessen or solve the odor problem and nothing has worked. Chief Martin stated that they have been told that after fifty (50) years of use the cement surrounding the urinal is saturated with waste product so it continues to seep through. Maintenance Supervisor Swisher obtained three (3) quotes; Miracle Plumbing- $1,975.00, Blythe Construction- $2,155.80 and Whisler Plumbing- $2,200.00. Even though Miracle Plumbing’s quote was lower than Blythe Construction, their quote did not include repairing the flooring.
Trustee Haines made a motion that the Board authorize the services of Blythe Construction for the replacement of the broken urinal at Fire Station #3 at a cost not to exceed $2,155.80; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Police Department:
Consider Renewal of iLincs Subscription Fee
Chief Pomesky asked the Board to consider the renewal of the support and maintenance agreement for iLincs at the Police Department. In the past, this is something that was funded through the Department of Homeland Security. This funding has since ceased. The total cost for renewal is $5,430.00 for the year. iLincs is the service that the Police Department uses to receive LEADS information such as vehicle information, warrant information, stolen vehicle information and article information. Since the Police Department began using this program the officers have made 59,774 queries of vehicle registrations and individuals resulting in 110 criminal arrests, 2,377 notes, 1,805 warnings, and 671 citations. Chief Pomesky stated that if an officer encounters a subject with a warrant the system notifies not only that officer but every officer that is logged onto the system. In addition to that, this system contains hazardous material information. Chief Pomesky stated that he did look into other venders but to completely switch over the system it would cost approximately $14,000.00.
Trustee Haines inquired if each vendor links to LEADS it’s just a matter of which vendor each agency chooses. Chief Pomesky stated that is correct and each system has different functionalities. iLincs is the only system that has the functionality to chat amongst agencies. Trustee Laubacher inquired about what it means on the invoice where it states “does not include two factor requirements.” Chief Pomesky explained that two factor requirements for LEADS are going to be coming out in September. The Police Department is slated to institute two factor requirements beginning in March. There are two factors of identification that are needed; password, fingerprint or some other method of identifying the person. Chief Pomesky stated that when the Police Department received the grant to purchase the lap tops in the cruisers it was anticipated that the two figure requirements would be coming out. The fingerprint reader is already in place and the Police Department is going to be in the process of capturing all of the fingerprints of the officers. This program will require the officers to use their username, password and fingerprint to log into the system.
Trustee Chessler stated that there was an article in the newspaper about someone perhaps accessing information from the LEADS system that wasn’t authorized. Trustee Chessler inquired if the two factor requirements create an environment where that type of activity could be traced back to the fingerprint or person that requested the unauthorized information. Chief Pomesky stated that everything under this system is an itemized log so those records could be retrieved and it is possible to see if the requestor actually made the inquiry. Any unauthorized activity would be a breach of network administration, computer usage rules/ regulations and a violation of LEADS.
Trustee Chessler made a motion that the Board authorize the expenditure of $5,430.00 to renew the iLincs subscription for a one year period; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Road Department:
Consider Accepting 2013 Road Material Bids
Mr. Masalko stated that on January 2, 2013 the Road Department solicited companies throughout the area to submit quotes for road materials for the year 2013. These quotes are obtained so that the Township can get the best pricing on materials needed for Township projects. Mr. Masalko asked the Board to consider accepting all of the material quotes that were submitted for the year 2013.
Trustee Haines made a motion that the Board grant permission to the Road Department to accept all 2013 road material bids; Seconded by Trustee Chessler.
Trustee Chessler inquired if the Law Director has reviewed the quotes for legal form and sufficiency. Mr. Hall stated that he has reviewed the material quotes.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Resignation Letters from Sam Davis and Dennis Resler
Trustee Haines stated that the Board previously tabled accepting the dismissal of two (2) casual Road Department employees until proper resignation letters were received. Mr. Masalko stated that he did obtain resignation letters from Sam Davis and Dennis Resler and provided copies to the Board.
Trustee Chessler made a motion that the Board accept the letters of resignation from Sam Davis and Dennis Resler effective dates as stated in their letters; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Law Director:
Consider Approval of 1.0 Mill Current Expense Levy
Mr. Hall stated that he prepared for the Board’s consideration a resolution for the 1.0 mill current expense levy for five (5) years. This levy will appear on the May 7, 2013 primary ballot. Mr. Hall stated that the Township did receive the certification from the County Auditor. If the Board is ready to move forward the filing deadline is February 6, 2013.
Trustee Chessler stated that last week he read a comment regarding why the Board is choosing to run a general fund levy versus running a park levy. Trustee Chessler inquired what a park levy would do to the financial situation. Mr. Schlegel stated that a park levy would help but it would not be enough. Trustee Chessler inquired if that is because there are other things that can be paid out of a general fund levy. Mr. Schlegel stated that is correct. Mr. Schlegel stated that this levy will cost a homeowner of a $100,000.00 home; $30.63 per year, $2.55 per month or $0.59 a week. Trustee Haines verified that the certification includes all corporate and unincorporated areas of Perry Township. Mr. Hall stated that was correct.
Trustee Haines made a motion that the Board adopt the resolution for the submission for the 1.0 mill additional tax for current expenses of Perry Township pursuant to ORC 5705.19; Seconded by Trustee Chessler.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Mr. Hall stated that he will make sure that this is filed with the Board of Elections and time stamped copies will be provided for Township records.
Consider Approval of Road Department Union Contract
Mr. Hall stated that he previously reported to the Board on the status of the Road Department union contract. Mr. Hall stated that he has seven (7) original copies that have been ratified and signed by Mr. Pickard (Union Business Agent) and members of the union. Mr. Hall stated that he is recommending that the contract be approved and signed by the Board. Mr. Hall stated that two years ago the Road Department union negotiations were under a different union and union business agent and they were difficult and caused divisions within the department. This time the negotiations with Mr. Pickard, Mr. Lake and Mr. Zimmerman were professional, courteous and considerate.
Trustee Chessler made a motion that the Board accept and adopt the agreement that the Law Director has submitted for approval regarding the negotiating agreement between the Perry Township Board of Trustees and the Local #935 Perry Organized Workers effective retroactive to January 1, 2013 to December 31, 2015; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Zoning:
Consider Zoning Reclassification Case PE 04-12
Applicant: Richard L. Kincaid
6165 Navarre Road SW
Canton, Ohio 44706
Owner: Richard L. Kincaid
7550 Beth Ave. SW
Navarre, Ohio 44662
Reclassification of land: FROM: B-1 Office/ Retail/ Business District
To: M-D Multi-Use Overlay
Description of Property: One parcel, totaling approximately1.02 acres, located at the northeast corner of Navarre Road and Stillmeadow Avenue in the NE ¼ section 27, Perry Township (legal description on file in office).
RPC Recommendation: Approval
Perry Township Zoning Commission: Approval (December 20, 2012)
Mr. Weckbacher explained that Mr. Kincaid submitted an application for a zone change for the property located at 6165 Navarre Rd. SW. Mr. Kincaid would like to change the zoning from B-1 Office/ Retail/ Business to M-D Multi-Use Overlay District. Mr. Weckbacher stated that under an M-D zoning classification the property could be used for residential and business. Stark County Regional Planning Commission and the Perry Township Zoning Commission recommended approval of the requested zone change. Trustee Haines verified that this would allow someone to live in the home as well as run a home office. Mr. Weckbacher stated that is correct. Trustee Haines inquired if the neighbors located to the east are zoned M-D already. Mr. Weckbacher stated that is correct.
Trustee Chessler made a motion that the Board approve, adopt and affirm the decision of the Perry Township Zoning Commission to approve the zone change request in case number PE-04-12; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Internet Café/ Skilled Games Fee
Mr. Weckbacher stated that after doing some research regarding internet cafés and skilled games operations he gathered the information regarding fees from Jackson Township. Currently, Jackson Township is charging an annual permit fee of $4,000.00 and an annual per machine fee of $100.00. Mr. Weckbacher stated that Plain Township has also adopted a fee schedule for internet cafés and skilled games. Right now in Perry Township internet cafés and skilled games are permissible in B-1, B-2 or Industrial Districts. Mr. Weckbacher stated that this will help keep businesses that are not on the “up and up” out of the Township. Trustee Haines inquired how many internet cafés and skilled game operations are currently in the Township. Mr. Weckbacher stated that there are five (5) internet cafés/ skilled games operations currently.
Trustee Chessler inquired if the Trustee’s were to adopt this fee schedule this evening when it would become effective. Mr. Hall stated that the fee schedule would become effective thirty (30) days after the adoption by the Board. Mr. Hall stated that Canton Township has also adopted fee schedules for internet cafés/ skilled games. This is profitable to the Township and can offset other expenses. Mr. Hall suggested that Perry Township adopt these fees to stay consistent with the surrounding communities. This keeps the playing field well balanced and keeps these types of businesses from being encouraged to move to Perry Township because there are no fees. Trustee Haines stated that if these types of businesses are going to be around then the Township should at least be able to profit from them. Mr. Weckbacher stated that by adopting these fees the Township can regulate these types of businesses a little bit better. Trustee Laubacher inquired how the Township notifies these businesses. Mr. Hall stated that since this is a new application the Township will have to give them notice and if the businesses do not comply then the Township will have to take enforcement action against them. Trustee Haines inquired if it is difficult to find the owners of these businesses. Mr. Weckbacher stated that he will have to go to each business and speak to management as well as provide a copy of the amendment to the zoning fees.
Trustee Chessler inquired if there is a definition in the definition section that defines internet cafés/ skilled games so that it includes all of the businesses that they want to include. Mr. Weckbacher stated that he has an example of the definition but in order to add it to the zoning resolution book it would have to be voted on by the Perry Township Zoning Commission. This definition is not currently found in the Perry Township Zoning Resolution. Trustee Haines inquired about businesses that have one (1) machine. Mr. Hall stated that they are subject to the same fee requirements. Trustee Chessler inquired if the Board should wait to approve the fees until a definition is defined in the zoning resolution. Mr. Hall suggested that the Board go ahead with approving the fees for internet cafés/ skilled games and he will continue to work with Mr. Weckbacher to get the correct definition submitted and approved by the Perry Township Zoning Commission for the zoning resolution.
Trustee Chessler made a motion that the Board adopt the change to the zoning resolution that has to do with the establishment of fees section A.-3-d. for the scheduled fees for internet cafés/ skilled games use and adopt that verbiage in its entirety except for substituting April 1 instead of January 15; Seconded by Trustee Haines.
Trustee Laubacher inquired if the state is going to cause any trouble regarding this. Mr. Hall stated if anything the state is working to make internet cafés/ skilled games illegal but thus far that has not taken place. Mr. Hall stated that he has not seen any recent memorandums regarding this matter from the Attorney General’s Office.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Participating in the Land Reutilization Program to Raze Nuisance Properties
Mr. Weckbacher stated that in August he was notified of the Land Reutilization program through the County Auditor’s Office. Mr. Weckbacher stated that he turned in eight (8) properties that were questionable as to whether or not they would qualify for the program. The Township would have to sign an agreement and pledge a certain amount of money that they are willing to match. Two (2) of the eight (8) original properties do not qualify under the terms and conditions of the program. If the Township were to submit the other six (6) properties the Township’s portion would be $15,000.00. If the money pledged is not used in its entirety then it can remain in the general fund and does not have to go towards anything else. Mr. Weckbacher stated that if the Board is interested in participating in the Land Reutilization program then the Township would have to pledge the money and send a resolution to the Stark County Treasurer’s Office. Trustee Haines verified that the Township does not have to send the money now but it has to be set aside and the county will bill the Township as each house is razed. Mr. Weckbacher stated that is correct. Trustee Laubacher inquired if it is the responsibility of the Township to get someone to come in to do the demolition. Mr. Weckbacher stated that the Township could do it but the county suggests working with either the City of Canton or the City of Massillon to use their contractors that have been bid out. All of their contractors have to be licensed for asbestos and lead. Mr. Weckbacher stated that it would benefit the Township to use the City of Canton or the City of Massillon. Trustee Haines inquired if the other six (6) properties qualify for the program. Mr. Weckbacher stated that he believes that the other six (6) properties qualify but more specific information regarding each property need to be found such as; title search, interested parties, property lien holders and etc. Trustee Haines inquired if this program was managed here in town. Mr. Hall stated that it is put on by the County Commissioners. Trustee Laubacher inquired if this program affects any business sites. Trustee Haines stated that it could but there wasn’t any on the list. Mr. Hall stated that the Land Reutilization program is just for residential properties.
Trustee Haines stated that he would be in favor of including all six (6) properties versus picking and choosing amongst them. Mr. Weckbacher stated that if the Board didn’t want to do all six (6) properties he could go back and determine which of them are worse than the others. Trustee Laubacher inquired if the Township had enough money to set aside to do all six (6) properties. Mr. Schlegel stated that if the Board wants to do this then yes it could be funded. Trustee Chessler suggested that Mr. Weckbacher contact the City of Canton Building Department to work through them or contract with them to employ a process of lawfully demolishing a property. Mr. Weckbacher stated that he has spoke with their building inspector but he will get in contact with the building official. Trustee Chessler stated that he had a brief conversation with them and believes that they would be willing to employ the process that they do because the Township will have to give the property owner due process before the demolition can take place. Trustee Laubacher inquired which court system this process would go through. Mr. Hall stated that it would go through Stark County Common Pleas Court.
Trustee Chessler made a motion that the Board approve entering into an agreement with the “Moving Ohio Forward Land Reutilization Program” and that the Board take the steps necessary to comply with that program to the extent of a $15,0000.000 financial commitment on behalf of the Township and includes six (6) properties; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Parks/Recycling: None.
Executive Session(s): 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.
Upcoming Events:
A. Perry Township business Exchange Meeting- Wednesday, January 30, 2013 from 7:30am to 8:30am at the Police Department Community Room.
B. Presentation at Perry High School Basketball game on January 22, 2013- Project: Flags of Freedom to Honor Fallen Soldiers- Flags to be ordered after the game- proceeds go towards the Perry High School Fallen Soldiers War Memorial, fund scholarships on behalf of fallen Perry soldiers and assist local veterans.
Public Speaks-Open Forum:
Steve Pickard- 3325 Capricio St. NW, Canton, Ohio 44720. Mr. Pickard stated that this was the first negotiations with the Road Department and they went really well. Mr. Pickard thanked everyone who participated.
Adjournment:
With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 7:54pm; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Doug Haines, President
Joe Schlegel, Fiscal Officer