Regular Meeting
Perry Township Board of Trustees
Regular Meeting
June 5, 2012 7:00pm
Call to Order/Pledge of Allegiance:
Excused absence: Scott Weckbacher, Zoning Inspector- Stark County Regional Planning
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests:
Special Recognition of Police Department Members
The Board presented Officer Slone and Officer Koncz with certificates of recognition for their quick response and attention to detail given to alarm drops at the Corner Store and Gilligan’s Pub on April 26, 2012. Two (2) individuals were arrested for the breaking and entering of those two (2) businesses.
Trustee Chessler stated that on May 9, 2012 the Perry Township Police Department received information regarding a potential bomb threat and shooting at Central Catholic High School. Throughout the night, investigators from the Detective Bureau and Patrol Division were looking at the case from multiple angles. In the early morning hours contact was made with the Canton City Police Department and the Summit County Sheriff’s Office Bomb Squad to assist the Perry Township Police Department with a sweep of the school for an explosive device or devices with their K-9’s. Upon conducting the sweep there was two (2) separate K-9 indications for explosive devices in an area of interest inside Central Catholic High School. The Summit County Bomb Squad came in with a technician and the area was cleared successfully with no explosive devices being located. The Perry Township Police Department assigned a large team of investigators to each aspect of this investigation. At approximately 1100 hours on May 10, 2012 the investigators went to the home of a person of interest where three (3) suspects were found. A fourth suspect who was determined to be involved with the case was later located at their residence. As a result of the collaborative efforts of everyone involved, four (4) arrests were promptly made. During the investigation it was found that the four (4) individuals entered the school and posted the message on a Facebook account that was left open by a staff member in their classroom. The message that was posted on Facebook created quite an alarm in the community.
Trustee Chessler stated that the Board of Trustees, Chief Pomesky and the elected representatives of the community would like to say thank you to each member of the Perry Township Police Department for the professional and prompt response to this incident; Sergeant Chad Guist, Detective Melinda Coleman, Detective Matthew Barker, Detective John Wellman, Officer William Watson, Officer Ben Barrett, Officer Tim Cecil and Officer Tim France.
Communications:
Letter from Rachel Berkey
Trustee Chessler stated that the Board received a letter on May 11, 2012 from Rachel Berkey requesting a change in the regulations to allow the raising of chickens on non-agricultural/ residential property. This would take some modifications to the existing zoning regulations. Mr. Hall stated that the Board would have to refer this request to the Perry Township Zoning Commission for initial review and public discussion. Trustee Chessler stated that Mrs. Berkey provided a very detailed letter and thorough explanation, parameters and benefits of the request. Trustee Chessler stated that he is in support of this and inquired what his fellow Board members opinions were. Trustee Laubacher stated that he is also in favor of this request with some limitations. Trustee Chessler stated that Mrs. Berkey did propose some limitations but that would have to be reviewed and approved by the Zoning Commission.
Trustee Chessler made a motion that the Board pass along the letter to the Zoning Commission with the request to evaluate it and make a recommendation back to the Board of Trustees on a proposed change to the current zoning resolution; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Letter from Al Neifert of Hillsdale Investment
Trustee Chessler stated that the Board received a letter dated May 14, 2012 from Al Neifert of Hillsdale Investment, Corporation. Mr. Neifert indicated that he required ownership of a large tract or tracts of Township land that are located generally north of 12th Street; east and north of Brunnerdale. Mr. Neifert is requesting that the Board secure and post signs prohibiting dumping on the property. Mr. Neifert has provided a list of the dead ends of existing streets that these postings would be made. Trustee Chessler stated that the Board could refer this matter to the Road Superintendent, John Masalko for further review or would go as far as to go ahead with a motion.
Trustee Chessler made a motion that the Board authorize the Road Superintendent pursuant to the letter and in conformity with the map and list to identify the locations and to post the “No Dumping” signs as per the Township rules; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
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 $253,394.24 for the week ending May 22, 2012, bills in the amount of $114,589.14 for the week ending May 29, 2012 and bills and payroll in the amount of $305,232.57 for the week ending June 5, 2012 for a combined total of $673,215.95; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Fiscal Officer:
Trustee Chessler made a motion to approve the minutes from the May 8, 2012 Work Session and May 15, 2012 Regular Meeting; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Administration:
Consider Goodwill Summer Youth Program
Trustee Chessler stated that Administrator Fetzer submitted an outlined proposal to the Board regarding the consideration of the Goodwill Summer Youth Program. Administrator Fetzer stated that the Township was contacted by Goodwill Industries who is willing to allow the Park/ Recycling Superintendent to utilize 4-6 workers (ages 18-24) for 25-35 hours per week at the Parks and Recycling Station. The workers wages and Worker’s Compensation liability is paid for by Goodwill Industries. Trustee Chessler verified that the Township employees from Park/ Recycling will provide proper training of tools and equipment to the workers from Goodwill Industries. Administrator Fetzer stated that was correct.
Trustee Chessler stated that these workers are employed by Goodwill Industries and the Worker’s Compensation would come from their coverage. Mr. Hall stated that he has reviewed this and he is comfortable that this program is adequately insured.
Trustee Chessler made a motion that the Board authorize and enter into an agreement with Goodwill Industries for their participation as it has been outlined; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Fire Department:
Consider Emergency Repairs Required to Medic 25
Chief Martin stated that around the end of April the maintenance garage noticed that Medic 25 was losing small amounts of antifreeze and it did not appear as if it was leaking to the outside. It was suspected that antifreeze was being sucked into the engine. Medic 25 has a 6.04 diesel which has been a nightmare for the Ford Company. Medic 25 was taken to George Waikem Ford to be tested. As part of that testing, the engine has to be torn apart. It was discovered that antifreeze was being sucked into the combustion chambers of the engine. Since the engine was torn completely apart and there is a price for doing that, the emergency repairs were completed on Medic 25. Chief Martin asked the Board to consider the emergency payment of $8,582.38 for the engine repair.
Trustee Chessler made a motion that the Board authorize the payment of $8,582.38 to George Waikem Ford for the emergency repair of Medic 25; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider Hiring Roger Carpenter as a Part-Time Firefighter/ EMT-B
Chief Martin asked the Board to consider the hire of Roger Carpenter as a probationary part-time firefighter/ EMT-B. Mr. Carpenter’s total work hours not to exceed 1,500 hours per year, required to fulfill all current requirements for probationary members with an effective hire date of June 5, 2012.
Trustee Laubacher made a motion that the Board authorize the Fire Chief to hire Roger Carpenter as a part-time firefighter/ EMT-B total work hours not to exceed 1,500 hours per year, required to fulfill all current requirements for probationary members with an effective hire date of June 5, 2012 and a probationary period subject to the discretion of Chief Martin; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider Riding Agreement with Hocking College
Chief Martin stated that the Fire Department is asking the Board of Trustees to enter into an agreement with Hocking College to operate as a field training site. The purpose is to allow their paramedic students to obtain riding time. The agreement was given to Mr. Hall for his approval.
Trustee Chessler made a motion that the Board authorize entering into an agreement with Hocking College- School of Public Safety Services for the “Emergency Medical Services” as they have provided; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Police Department:
Consider Towing Rotation Policy
Chief Pomesky stated that he provided the Board with a document for their review regarding the towing rotation, guidelines and policy. Over the past several weeks, Chief Pomesky stated that he had the opportunity to work with the local towing companies to revise and update the requirements. Chief Pomesky thanked each of the companies for bringing a lot of great ideas forward. After soliciting input and having several meetings with the towing companies the proposal was put together and distributed to the Board for their review and consideration. Chief Pomesky stated that some of the improvements made had to do with insurance, equipment and general requirements. Pricing thresholds were included in the proposal as well. Some modifications may have to be made to the pricing but overall this is a great process and it just needs to be approved by the Board.
Dave Rupple- 5861 Richville Dr. SW. Mr. Rupple stated he feels that Chief Pomesky has done a great job with this matter and he is a great listener. Mr. Rupple thanked Chief Pomesky and the Board.
Trustee Chessler made a motion that the Board adopt the collection of policies and documents that Chief Pomesky has presented regarding the general category of towing guidelines and policy; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider $5,000.00 Donation to DARE
Chief Pomesky stated that he was recently approached by Officer Watson who indicated that he received a donation to the DARE program in the amount of $5,000.00 from Pat Comanitz of Stark County Driving Safety. Chief Pomesky asked the Board approve the acceptance of this donation.
Trustee Chessler made a motion that the Board accept the donation of $5,000.00 from Stark County Driving Safety program for the DARE program; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider Drug Use Prevention Grant Acceptance
Chief Pomesky asked the Board to consider the approval of the 2012-2013 Drug Use Prevention Program Grant award in the amount of $25,981.43. This is an increase of $5,518.13 received from the previous year. This grant will be used to partially fund both DARE and SRO positions for our officers at Perry Local Schools.
Trustee Chessler made a motion that the Board accept the Drug Use Prevention Program Grant award in the amount of $25,981.43 and authorize Chief Pomesky to take all steps necessary to complete and comply with the grant requirements; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider Change of Services from CINTAS to Dori Dirksen Cleaning
Chief Pomesky stated that he recently received a copy of the Police Department’s Cintas contract which has expired. Cintas provides: wet mops, dust mops, micro mist service and 14 floor mats. Chief Pomesky stated that he began looking at other options and spoke with Dori Dirksen Cleaning who is the current cleaning company at the Police Department. After reviewing Dori Dirksen Cleaning’s proposal, Chief Pomesky is recommending moving this service to their company. Initially the Police Department would have to purchase wet mops, dust mops, micro mist service and floor mats which will cost $991.94. The cost for this service through Dori Dirksen Cleaning is: $20.00 per floor mat washed four (4) times annually (15 mats equaling $1,200.00 per year); additional vacuuming required $52.00 per month ($624.00 per year). This pricing includes washing the wet mops and dust mops. The estimated annual cost for this service is $1,824.00. Chief Pomesky stated that under the current contract the Police Department is paying over $6,000.00 in 2012. This change in service will significantly decrease the cost by approximately $3,184.06. Chief Pomesky asked the Board to consider the cancelling of the Cintas contract and move forward with the agreement with Dori Dirksen Cleaning.
Trustee Haines inquired if the contract with Cintas had an end date. Mr. Hall stated that there is a contract and there is an automatic renewal provision. Chief Pomesky has had verbal discussions with the sales representative from Cintas and they are going to verify in writing to confirm that.
Trustee Chessler made a motion that the Board authorize the Police Chief with the assistance of the Law Director to take the steps necessary to cancel the current agreement for office supply and cleaning with Cintas and also enter into an agreement with Dori Dirksen Cleaning on the terms that have been outlined in the memorandum to the Board; Seconded by Trustee Haines.
Trustee Laubacher inquired if there would be a contract with Dori Dirksen Cleaning. Chief Pomesky stated that there is no contract and it is a pay as you go service. If at anytime the Township wants to look at other companies and switch it could be done without being locked into a contract.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Road Department:
Discussion of No Permitting List Resolution
Trustee Chessler stated that the Road Department is asking the Board for resolution to create a list of individuals or contractors who have received benefits from the Township (i.e. road opening permit, zoning permit) and have not paid which resulted in outstanding amounts due. Mr. Hall stated that this would be in the form of a limited home rule resolution to create such a list. Mr. Hall stated that he has also circulated this resolution to the Fire Department and Zoning Department because they each have certain inspections that they have to sign off on. Once this list is created the Township Administration will be the central collection system so that if someone comes in for a permit then it can be determined if this person is on the list or not. If the person or contractor is on the list they will be told that they can not proceed with getting their permit until their other matter is handled and paid. Since this is a home rule resolution it requires a minimum of two (2) separate public readings before it can be finalized and accepted.
Trustee Chessler stated that this should be considered the first reading: this is an ordinance to establish a “No Permitting” list for residents or contractors that shall not receive any further road opening permits, zoning permits, fire inspection safety, occupancy permits or any form of permit issued by any Perry Township Department unless or until all applications are made and all fees are paid. Trustee Chessler asked that this matter be placed on the agenda for the next regular meeting (June 19, 2012) for further comments, adoption and approval. Trustee Laubacher inquired if this had to be placed in the paper. Mr. Hall stated that it doesn’t have to formally be put in the paper. After it is approved then it can be sent to the media via press release and hung up conspicuously throughout the Township.
Discussion of Options for Unpaid Invoices
Trustee Chessler stated that the Board is to discuss a proposal for the Board to adopt a resolution to authorize the Board to certify as a lean to the County Auditor against the real property tax duplicate for instances where there are unpaid assessments for Township services that have been provided. Over the past several years this has become more and more of an issue. Unwittingly and unwillingly, the Township got into the grass cutting business because of all of the rain and the abundance of foreclosures has caused a lot of properties to go unmaintained. The Township has engaged mowing contractors to go out and provide those services and in most instances there is nobody there to pay the bill or reimburse the Township for paying the bill. This is a sum of money and the Township owes the other tax paying public to go and collect those fees. Trustee Chessler stated that this proposal is for the Board to authorize in the appropriate instances to collect or to assess against the real estate duplicate those monies that have been paid out by tax payer dollars.
Mr. Hall stated that he has reviewed this proposal and this is another effort under the home rule provisions. Again, this would require two (2) separate readings and proper publication. Trustee Laubacher suggested that the time limit to pay new bills should be changed from thirty (30) days to ninety (90) days. Mr. Hall stated that is up to the discretion of the Board. Trustee Chessler stated that in his experience he believes it is human nature to take the deadline and subtract one day from it before you start thinking about doing it. Trustee Chessler suggested cutting it in the middle and making it sixty (60) days which should be an adequate time. Mr. Hall stated that he will make that revision prior to the next reading.
Trustee Haines stated that someone on the list approached him because the bill was actually in the name of the previous owner who is now deceased. This is something that should be considered. Trustee Chessler stated that there was a similar situation and believes that the Board has discretion in situations like this to grant some relief. Mr. Hall stated that is correct.
Trustee Chessler stated that this should be considered the first reading for this matter. The second reading should be placed on the agenda for the next regular meeting (June 19, 2012) for further comments, approval and adoption.
Consider Legislation for Mobile Matting for New Construction Throughout the Township
Trustee Chessler stated that the Road Department is asking the Board to consider a resolution that requires pavement and curb protection devices whenever operating equipment on the road surface or within the road right-of-way. Mr. Masalko stated that one of the responsibilities of the Road Department is to inspect and protect the roads, curbing and road right-of-way. When new developments are coming into the Township the Road Department will go inspect and try to protect the roads and curbing. Mr. Masalko stated that they have been noticing chipped, cracked curbing and road gouging because of equipment running back and forth on it. Companies have been using rubber matting when they go over curbing, on roadways or in the right-of-ways to protect it from damages. Mr. Masalko stated that he would like to require that the mobile matting be used on any new construction or driveway replacement within the Township. Trustee Haines inquired how contractors will be made aware of this requirement. Mr. Masalko stated that when contractors apply for permits throughout the Township they will be made aware of the matting requirements.
Trustee Chessler made a motion that the Board adopt the resolution to require pavement, curb and ground protection devices when operating equipment on the road surface and within the Township road right-of-way as it is set forth in the resolution provided to the Board; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Law Director: None.
Zoning:
Request for Planning Certification Fee Payment
Trustee Chessler stated that he had received a request from one of the Zoning Commission members who had indicated he was seeking certification from the American Institute of Certified Planners. It is a two (2) step process for obtaining certification. The first step is to become a member of the American Planning Association and the second is to study for and pass the AICP certification exam. This most certainly will help the Zoning Commission and Board of Zoning Appeals members to be more versed in planning issues and carrying out their duties. There is a fee of $50.00 for this membership and certification. Trustee Chessler stated that he is in support of this members request to do this but would like the Board to consider making this an open offer to any of the current members of the Zoning Commission and Board of Zoning Appeals to attend and get certified in planning. Trustee Chessler apologized for not forwarding this information to the other members in advance and tabled this matter for further review.
Parks/Recycling: None.
Executive Session(s): None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department:
April Monthly Statistics
Road Department: None.
Zoning: None.
Law Director: None.
Upcoming Events:
Perry Township Business Exchange- June 12, 2012 at 7:30am at the Exploration Gateway
Public Speaks-Open Forum:
George Goodman- 200 Proudley Ave. SW. Mr. Goodman stated that he has been at the previous meetings to discuss the noise from the “Hype” dance club. Mr. Goodman stated that he has spoken to the manager from the “Hype” who indicated that the club would go bankrupt if they turned down the noise any more and also indicated that the Police Chief was fine with the level of the noise. Mr. Goodman stated that he has been working with the Police Chief to remedy this problem but nothing has changed. Mr. Goodman stated that his wife is on the verge of a nervous breakdown and doesn’t know who is going to be held responsible if something happens to her. Mr. Goodman stated that Officer Koncz responded to his complaint one evening and he asked the “Hype” to turn down the music and they did. Mr. Goodman stated that this problem keeps happening and they do not know who to turn to.
Trustee Chessler stated that previously Mr. Goodman has come to the meetings to discuss this matter with the Board and after each time follow up was done to address the complaint. Trustee Chessler stated that Chief Pomesky has provided memorandum to the Board documenting the follow up with the “Hype” dance club. Chief Pomesky indicated that the Police Department has responded to twenty-four (24) noise complaints in this area. Of the twenty-four (24) complaints only two (2) of the complaints were valid enough to ask the “Hype” to lower the noise. Chief Pomesky stated that he has responded to the location routinely after the Board meetings and at different times of the night to see if he could hear the noise. There have also been a collection of officers from the department on afternoon shift and midnight shift to respond to the area to also listen for the noise. The data coming in from the officers is that they are not hearing the noise significantly. Chief Pomesky stated that the Police Department will continue to respond to the calls for noise on an individual basis.
Bard Huntsman- 4025 Prosway SW. Mr. Huntsman stated that Mr. Weckbacher and Miss Dean are doing a great job with keeping the cemetery looking nice. The Veteran’s placing the flags at the cemetery noted the well manicured cemetery as well.
Adjournment:
With nothing further to come before the Board, Trustee Laubacher made a motion to adjourn the meeting at 8:15pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Craig E. Chessler, President
Joe Schlegel, Fiscal Officer