Regular Meeting
Perry Township Board of Trustees
Regular Meeting
July 3, 2012 7:00pm
Call to Order/Pledge of Allegiance:
Discussion of Proposed General Fund Levy
Trustee Chessler opened the floor to those who wished to speak their opinion regarding a proposed general fund levy. Mr. Schlegel prepared and distributed information regarding the general fund. The first page of the handout explains the cut to the general fund from the State of Ohio which is a total loss of $640,708.00. In 2011, the general fund spent $849,440.88 and the receipts were a little over one million dollars. If you subtract the loss from the revenue the total revenue would have only been $363,384.87. Mr. Schlegel stated that the Board is looking at proposing 1.25 mill levy which would generate $654,850.00 per year. This levy will replace what the State of Ohio has taken away from the general fund. The proposed levy would cost a $100,000.00 home $0.74 per week, $3.19 per month or $38.29 per year.
Mr. Schlegel provided a summary of the park, recycle and zoning appropriations. Recycle had a loss of $80,613.71 in 2010 and $82,634.83 in 2011. The Parks Department had a loss of $97,783.26 in 2010 and $119,181.61 in 2011. The Parks Department does not have an income except for a donation here or there. Zoning had a loss of $58,705.20 in 2010 and $68,181.76 in 2011. Mr. Schlegel stated that most Townships’ will tell you that they do not make any money off of zoning. Zoning is at a loss for almost everybody.
Mr. Schlegel pointed out that the Township paid $141,000.00 to the Health District out of the general fund. The only benefit that the Township receives from paying the Health District is spraying for mosquitoes. Payment to the Health District is something that the Township has no control over. Mr. Schlegel stated that he would be more than happy to answer any questions. Trustee Chessler stated that the Board will also hold a similar hearing next week at the beginning of the work session. The Board will also accept input from the public via phone, email, fax and through the Township website (www.perrytwp.com) as we want to open up all opportunities and avenues for communication in whatever manner people feel most comfortable providing it. Mr. Chessler thanked the people in attendance for coming and expressing their thoughts and comments. Mr. Schlegel he would not be present for the upcoming work session as he would be on vacation, however, he would be sending the Assistant Fiscal Officer and she is not able to fulfill a question he would be happy to respond to people upon return.
Mr. Schlegel noted that the Township received approximately $200,000.00 in estate taxes this year. In the past, the Township has received an average of $266,000.00 in estate taxes. This is the last year that the Township will receive any money for estate taxes. Mr. Schlegel stated that the Township’s general fund will make it through 2012 and 2013. The Township will definitely not make it through 2014.
Tim Blythe- 2956 Bridgeton St. NW. Mr. Blythe stated that he previously asked the Board about things that they could cut to show good faith that they are doing everything that they can do to make necessary cuts before asking the tax payers for money. Trustee Chessler stated that the Board received copies of Mr. Blythe’s email and they are currently in the process of addressing each concern. Trustee Chessler stated that the Administrator was probably a little more knowledgeable to explain the things in the memo that we have undertaken, or are in the process of. Administrator Fetzer stated that currently they are obtaining information from other like entities regarding lighting assessments. In addition to that, Mr. Martinez from First Energy indicated that there are three (3) or four (4) programs that would be applicable to the Township and he would be willing to assist us by assigning someone to do a lighting assessment for Perry Township buildings. House Bill 121 states that there is no fee for a public entity to have an assessment conducted. Administrator Fetzer stated that Mr. Blythe referenced sensor lighting which is also being considered, and appropriate HVAC maintenance which is already being maintained in all township buildings. The health care is going to be assessed. Notifications will be sent to each department the third week in August to invite the representatives to begin the discussion of next years health care. Administrator Fetzer stated that they are currently inquiring as to what type of health care benefits other Township’s are providing to their employees, and any changes that they are planning to make in the future. The purpose of the health care committee is to make a recommendation to the Board. It is the Board who will make the final decision. Trustee Laubacher stated that he has spoken with Ray Martinez, First Energy and Dwight Parrish, AEP and they are going to be providing maps to show all of the lights that the Township is currently paying for.
Mr. Blythe stated that he isn’t saying that the Township has to make all of these changes but every penny counts. Trustee Laubacher stated that the Board is going to take all of the lights into consideration after they see a map of the lights paid for by the Township but it is going to take a little bit of time to gather that information.
Trustee Chessler stated that Mr. Blythe is looking for cost savings, ways to assess the current level and types of services provided by the Township and whether those services are needed or not needed. Mr. Blythe is also looking at personnel expenditures such as salaries and health care benefits. Trustee Chessler stated that the Board needs to look into all of these categories and hopes that more residents come forward with solutions that will help the township. Trustee Chessler stated that he would rather not go forward with the levy if the Board hasn’t done their homework and there is not a plan. There are other communities that have looked at staffing issues, personnel costs and a reduction in services. Those aren’t pleasant things but they are necessary things to do.
Steve Toohey- 642 Summerdale Ave. NW. Mr. Toohey inquired if Perry Township has spent time with Canton Townships and a few of the other Townships that are having the same problems, even if their budgets are significantly different and so forth, have they started the process some time ago as to what expenditures to cut or if they are going with a general fund levy, how will they market it? Trustee Chessler stated that two (2) weeks ago the four (4) largest Townships in Stark County got together to discuss issues of concern. Though the budgets are not all that similar, the problems faced are similar in that the Township’s have the size and complexity of a city but do not have the tools to deal with the problem. That’s why our government is so inexpensive is that we don’t have a larger council and departments to support. With the reduction from the State of Ohio, this is the first time Township’s have ever had to figure out a way to replace that size of a whole in the budget. Everybody is talking about this matter in a different ways but this will be discussed through the Township Association to see how Perry Township’s neighbors are handling these issues. Mr. Schlegel stated that he spoke with Fiscal Officer Ron Smith from Canton Township and they have reduced the costs of there lighting from over $100,000.00 to closer to $60,000.00. Canton Township is continuing to look for ways to cut costs. All Townships’ are looking to cut costs in the same areas and Jackson Township is putting a levy on. Mr. Toohey asked if Plain and Canton Township were also putting on levies. Mr. Chessler said he was not certain about Canton, but he talked to the Fiscal Officer at Lake and Plain Township and as of two weeks ago they were not contemplating a levy at that time. Mr. Chessler said that’s not to say that we all see this on the horizon coming . We know 2012 is pretty well locked in and we know about where we’ll be in 2013, but we know the money is going away after that so it is a matter of being pro active.
Mr. Blythe stated that the issues he raised in his email should be addressed whether a levy passes or not, because there is money coming in, and you just continue to spend it ,then you’ r e not doing your job. Trustee Chessler agreed 100%, however, the some of the things that look good on paper (i.e. higher co-pays and higher employee contributions for the insurance) have to be negotiated and may be imposed on the Township by an arbitrator or fact finder. Mr. Blythe stated that is correct for the union work force but this should be imposed on the non-union workforce immediately. Mr. Blythe stated that he is looking at five (5) people that are getting health care benefits from the Township when they could easily get those benefits from another job or something else. If you want the benefit, pay for the benefit. Mr. Chessler said he understood. Mr. Blythe said that was something he felt the Board should take the initiative to say we are going to do it because its right, not because anybody is going to vote themselves a cut. Mr. Hall explained that when you get into the matter of health care benefits there are federal and state regulations which make it very complex. There can not be a two tiered system where union and non-union employees are getting different benefits. There are federal and state regulations that state that union and non-union employees get the same benefits across the board. When it comes to these matters going before arbitrators and fact finders, they not only base their decisions on budgets but they also consider what other similar departments and entities are doing. Perry Township has made great strides in terms of controlling, reducing and keeping within its available budget. There are outside implications that are sometimes outside of the Board’s control. Mr. Blythe stated that he understands that but it is not impossible for any of the four (4) elected officials to select benefits for $100.00 a month that costs the Township $550.00 a month which would be an immediate $25,000.00 savings to the Township. To me that is the right thing to do, not because we need money today, it’s the right thing to do because it is the right thing to do.
Bard Huntsman- 4025 Prosway SW. Mr. Huntsman inquired if there is any way the Township could get into a consortium for health care benefits. Trustee Chessler stated that the Township got involved in a consortium before and it was a bad experience. Mr. Hall stated that the Township’s Insurance Committee researched joining a consortium in the past and it was actually cheaper for the Township to keep the health care benefits as is. Administrator Fetzer stated that last year the Insurance Committee asked other Township’s to consider a consortium but it was too late for last year. More than likely the Insurance Committee will re-address that idea this year. Trustee Laubacher explained that one thing to consider about consortiums was that if you have individuals with costly procedures it would reflect back to our premium. We have educated our departments as to utilize stat care as opposed to hospital emergency room visits.
Mr. Huntsman inquired if there are lights that the Township is taking care of still that the City of Massillon should handle due to annexed land and roads. Trustee Laubacher stated that the Board will have to look into that once the maps are received from AEP and First Energy.
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:
Unfinished Business:
Consider Adoption of Propriety Service Lien- Third Reading
Trustee Chessler stated that previously the Board had two (2) readings for a resolution to authorize the certification of a lien against real property tax duplicate for the purpose of persons who have failed to pay for Township provided proprietary services. This proposed home rule legislation would allow the Township to collect monies that were billed and unpaid for services rendered. This is in an effort to try and bring in every dollar that the Township is entitled to.
Trustee Chessler made a motion that the Board approve the certification of a lien against real property tax duplicate for the purpose of persons who have failed to pay for Township provided proprietary services; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider Adoption of the No Permitting List- Third Reading
Trustee Chessler stated that previously the Board had two (2) readings for a resolution to authorize the adoption of the “No Permitting” list and to establish a process to administer the “No Permitting” list. The summary of this legislation is that the Township again has provided services to residents and businesses and there are permit fees or other costs involved and at times those go unpaid after being invoiced. The Township is owed that money and it only increases the costs for everyone else. Trustee Chessler stated that Mr. Masalko has proposed another tool for collecting those fees. The tool in this instance would be to prohibit anyone from obtaining additional permits until the previous costs are paid. Trustee Haines stated that it should be noted that the Administrator will keep the updated list at the Township hall as referenced in the resolution.
Trustee Chessler made a motion that the Board adopt the resolution for the creation of a “No Permitting” list and to establish a process to administer the “No Permitting” list; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
New Business:
Trustee Laubacher made a motion to approve bills in the amount of $93,412.79 for the week ending June 26, 2012 and bills and payroll in the amount of $219,909.42 for the week ending July 3, 2012 for a combined total of $313,322.21; 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 June 19, 2012 Regular Meeting; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Administration:
Consider Accepting a Donation in the Amount of $103.25 to Summerdale Park- Eagle Scout Project- Garrett Stewart
The Board presented a certificate to Garrett Stewart for his efforts in obtaining the Eagle Scout honor through Boy Scouts of America. Mr. Stewart made several improvements to Summerdale Park in Perry Township to complete his Eagle Scout project. Trustee Chessler stated that as part of the project Mr. Stewart collected donations for Summerdale Park in the amount of $103.25.
Trustee Chessler made a motion that the Board accept a donation in the amount of $103.25 for Summerdale Park from Eagle Scout Garrett Stewart; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Fire Department:
Consider the Purchase of a Live Fire Extinguisher Training System
Chief Martin stated that the Fire Department is asking the Board to approve the purchase of a live fire extinguisher training system in the amount of $4,739.00. The Board previously accepted a donation from the McKinley Eagles in the amount of $4,700.00 to be used towards the purchase of this system. The Fire Department currently has a live fire extinguisher training system but it is eight (8) years old and it is time to replace it. Bolex offered to give the Fire Department $1,999.00 to trade in the old training system. There are some accessories from the old system that can still be used on the new system. Bolex is the only company that can provide the proposed system and for that reason only one (1) quote is being provided to the Board. The Fire Department will have to pay $39.00 towards the purchase after the trade in and the use of the $4,700.00 donation from the McKinley Eagles.
Trustee Chessler made a motion that the Board authorize the purchase of a live fire extinguisher training system from Bolex at a cost not to exceed $4,739.00 in the terms outlined; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider Accepting $2,500.00 Grant from the Ohio Department of Public Safety
Chief Martin asked the Board to accept a $2,500.00 grant from the Ohio Department of Public Safety. This is a 100% reimbursable grant therefore the Fire Department will make the purchase and submit for reimbursement for the total $2,500.00.
Trustee Chessler made a motion that the Board accept the $2,500.00 grant from the Ohio Department of Public Safety; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider the Purchase of One Set of Firefighter PPE
Chief Martin asked the Board to approve the purchase of one (1) set of firefighter personal protective gear (PPE) from Fire Force, Inc. at a total cost not to exceed $1,502.00. Chief Martin provided the Board with four (4) quotes and Fire Force, Inc. provided the lowest quote. This set of firefighter PPE will be used to outfit part-time firefighter/ EMT-B Roger Carpenter who the Board hired about one (1) month ago.
Trustee Laubacher made a motion that the Board authorize Chief Martin to purchase one (1) set of firefighter personal protective gear (PPE) from Fire Force, Inc. at a total cost not to exceed $1,502.00; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Police Department:
Consider Hiring Dominic Antenora- Full-time Police Officer
Chief Pomesky asked the Board to hire Dominic Antenora as a full-time police officer. Mr. Antenora is a graduate of GlenOak High School and was hired as a dispatcher at the Stark County Sheriff’s Office shortly there after. Mr. Antenora completed the police academy and was hired at the Lawrence Township Police Department. A back ground check was completed and everyone spoke very highly of Mr. Antenora’s character and actions. Chief Pomesky stated that the Police Department is requesting that Mr. Antenora be hired as a full-time police officer at a starting rate of $17.74 per hour, $1,000.00 per year uniform allowance and one (1) year probationary period. Mr. Antenora’s start date will be July 20, 2012. Chief Pomesky stated that this is not a new position and that it is filling a vacated position.
Trustee Chessler made a motion that the Board approve the hiring of Dominic Antenora effective July 20, 2012 as a full-time police officer with the Perry Township Police Department at a starting contractual pay rate of $17.74 per hour and $1,000.00 uniform allowance; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Road Department:
Consider Approval of Field Work Release Waiver of All Claims at the Residence of Elizabeth Marchi
Trustee Chessler stated that each individual Board member was contacted by Joseph Marchi who resides on Aurora Street. Trustee Chessler stated that he met with Mr. Marchi who explained that due to him being completely disabled he had to acquire through the Bureau of Worker’s Compensation a modified van that has hydraulics, lifts and specialized suspension which makes it ride very low to the ground. Given the location of Mr. Marchi’s residence, the height of the public street (Aurora) relative to where his drive way is creates an incline. The van costs approximately $70,000.00 for the modifications and it is scraping the bottom when entering and exiting the driveway. Trustee Chessler stated that in other situations the Township has declined to go onto private property or driveway aprons to do any remedial work. Trustee Chessler stated that he has called the Attorney General’s Office, State Representatives, the Civil Rights Commission, the Congressman’s Office and Stark County Metropolitan Housing looking to see if there were any mandated requirements or funds available to help aid someone who is disabled getting access to their home. Unfortunately, the legislators said they would get back with Trustee Chessler but he has not heard back from them yet. The agencies that were contacted stated that this is a situation that falls between the cracks as far as providing funding for handicap accessibility issues.
Trustee Chessler stated that he had his concerns about this opening up the flood gates of other similar requests but this request is specific in that Mr. Marchi is handicapped and is unable to safely access his home. Mr. Hall stated that based on the crown and the angle of the road/driveway this is within the jurisdiction of the Board. Mr. Hall stated that he has prepared a field work release waiver of all claims at the request of Trustee Chessler and Mr. Masalko making it clear that this is a specific one time repair to the road surface and that any future additions or repairs will have to be made by the property owners at their own expense. Trustee Laubacher stated that he does not have a problem with this because if it doesn’t get done the cost to fix the damage to the van would be more than just to fix the road/ driveway area. Mr. Hall stated that because of the specific facts relative to the driveway to the crown of the road it is his opinion that this is a lawful Township expenditure.
Trustee Chessler made a motion that the Board authorize the Road Superintendent to take the steps necessary to modify the existing driveway as it connects to Aurora St. so that the handicap accessibility issue is addressed on the condition that the property owner sign a work release and waiver of further claims; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Law Director: None.
Zoning: None.
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- July 17, 2012 at 7:30am at the Perry Township Police Department Community Room- Submit on line RSVP response at www.perrytwp.com
B. Public Notice from Ohio Division of Liquor Control- Penelope Phillips DBA Whitey’s Tavern- 4243 Erie Street, Perry Township, Navarre, Ohio 44662- Permit # 6884125- B Transfer- Any objections must be filed by July 13, 2012 with the Department of Liquor Control.
Public Speaks-Open Forum:
Pat Jones- 4432 16th St. NW. Mr. Jones addressed his concerns regarding 4441 15th St. NW which is located behind his residence. This property has been a mess for years and the owner has now passed away. Trustee Chessler stated that the Board is aware of Mr. Offenberger’s use of the property and there have been many efforts to try and abate behaviors that have taken place. Given where this matter is right now the Law Director and Zoning Inspector are aware and are making efforts to have the property cleaned up and/ or demolish any unsafe structures. Unfortunately, since Mr. Offenberger is deceased there has to be some representative for the property and until that is done the Township does not know a person to get a hold of. If the Township has to go to probate court to get a personal representative appointed then that is what will be done.
Mr. Hall stated that the Board already has a judgment against Mr. Offenberger which has been assessed against the tax duplicate. Mr. Offenberger passed away last year and the Township did have some contact with representatives that claimed to be relatives but they did not have any real authority. Mr. Hall suggested that the Board pass a resolution authorize him and Mr. Weckbacher to the steps necessary to petition probate court to get a personal representative appointed. After that, the Township can take the appropriate steps necessary to remediate and abate the nuisance. Mr. Hall stated that this is not a process that will happen with in a matter of weeks. This process could take several months.
Trustee Chessler made a motion that the Board authorize the Law Director and Zoning Inspector to take the steps necessary including but not limited to filing any legal action to address and abate the conditions existing on the property that was previously owned by Charles Offenberger and to take those steps as expeditiously as possible; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Bob Metzger- 330 Overmont SW. Mr. Metzger stated that he wanted to know about the Township’s noise ordinance. The neighbor behind Mr. Metzger’s property allows the boys to go back onto their property to ride dirt bikes and four-wheelers. The other neighbors in the area seem to have a problem with the boys riding the bikes because of the noise. Instead of the neighbors talking to the adults they are screaming at the kids when they are riding. The police have been called many times. Last Tuesday, the police were called seven (7) times in two (2) hours. Mr. Metzger stated that he was out there watering for two (2) hours in an attempt to keep the dust down.
Mr. Hall stated that the riding is taking place on three (3) acres of personal property with permission from the property owner. After speaking with Chief Pomesky and Mr. Weckbacher most of the bikes are muffled and are in compliance with the state’s limitations. Based on all of the information, the noise in this situation does not violate the Township’s noise ordinance. The Perry Township noise ordinance requires the noise to be loud and pervasive for a continuing period of time. This particular complaint does not rise to that level. Though this noise may be annoying to the neighbors, under these facts, the Police Department would not be able to issue a citation because it does not rise to the level of a nuisance. Mr. Hall stated that there is nothing from a government stand point that the Township can do to take enforcement against this type of nuisance because it is a lawful activity that is taking place on private property. Trustee Laubacher stated that he has talked to one of the neighbors who indicated that they are trying to come up with some sort of agreement so that the kids are only riding on certain days and times. Chief Pomesky stated that Sergeant Deitrick went out and tried to mediate this situation. There were some agreements made but in other areas there was a strong divide. Mr. Metzger stated that he is divorced and only has his son every couple of days. The boys stay on the property and out of trouble.
Steve Toohey- 642 Summerdale NW. Mr. Toohey inquired what the definitive answer is regarding fireworks for the 4th of July. Chief Pomesky stated that anything that is explosive (i.e. firecracker etc) is prohibited. During the 4th of July holiday is does become quite cumbersome to respond every where. A lot of the displays become very large. Generally, if there is a complaint the Police Department will respond and ask the participants to stop. If the Police Department has to respond a second time then they will seize the fireworks.
Adjournment:
With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 8:06pm; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Craig E. Chessler, President
Joe Schlegel, Fiscal Officer