Regular Meeting

Perry Township Board of Trustees

Regular Meeting

March 1, 2011 7:00pm

Call to Order/Pledge of Allegiance:

Excused absence:  None.

Additions/Deletions to Agenda:

Trustee Capaldi requested that an executive session under 121.22 (G) (4) be added to the end of the agenda for an update on pending litigation.  Trustee Chessler stated that he was not informed of this executive session request until four (4) minutes till seven o’clock.  The policy is that items that are added to the agenda are items that have come up on an emergency basis where the Board didn’t know about it to put it on the agenda.  Trustee Capaldi stated that she requested the executive session on Friday after receiving several emails updating the Board on pending litigation and is not sure why it was not on the final agenda other than there were some communication break downs along the way.  These are matters that require the Board to be informed other than through email correspondence without any explanation.  Trustee Chessler stated that email and memorandum correspondence are a more favorable means of communication in that they are more completely expressed in writing and provides a paper trail.  If the stated reason for adding this executive session to the agenda is a “break down in communication” then so be it.  Trustee Chessler stated that this opens the door that anytime there is a “break down in communication” that the Board is just going to be adding items to the agenda with out giving the other Board members an opportunity to do research and be prepared for the discussion.  Trustee Capaldi requested that in the future if the Law Director has legal updates that they not only be sent in an email but that they be added to the agenda.

Trustee Capaldi made a motion to add to the agenda an executive session 121.22 (G) (4) for an update on pending litigation; Seconded by Trustee Laubacher.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, no.  Miss Capaldi, yes. 

Public Hearings/Invited Guests:

Verbal Request of Anthony McCune, Publisher- Stark County Ohio News and Views- Presentation of Award for Stark County’s Proudest Community- Perry Township

Trustee Laubacher stated that Mr. McCune had requested to be present at the meeting and inquired if he had called.  Administrator Fetzer stated that Mr. McCune did not call.  Trustee Laubacher stated that they will return to this item if Mr. McCune arrives.

Communications: 

Letter Received from Patty Knotts, Project Leader for Perry Helping Perry- Request for Clothing Storage Area

Administrator Fetzer stated that Ms. Knotts, Lead Coordinator of Perry Helping Perry had   requested in writing utilization of a 9’x12’ space in the basement of the Township Hall to store clothing for the  project.  Trustee Capaldi stated that there have been problems with flooding in the basement and inquired if there was a 9’x12’ area available.  Administrator Fetzer stated that Ms. Knotts would provide her own tables and storage tubs to keep all items off of the floor just in case in case of flooding concerns in the basement.  Trustee Chessler inquired about the times of access and how access would be afforded.  Administrator Fetzer stated that if the Board would authorize the 9’x12’ space in the basement  Ms. Knotts would make arrangements either before or after her work to gain access to the basement.  Trustee Capaldi inquired if there is enough room in the basement.  Administrator Fetzer stated that she and Trustee Laubacher met with the Fire Chief and Deputy Chief to assess the basement and determined that there is very limited space.  The program is growing quickly and may eventually need more than a 9’x12’ space.  Administrator Fetzer stated that she does not believe that the Township Hall basement has enough room to accommodate the space needed.  Trustee Capaldi inquired if there were any other areas in the Township that might be able to accommodate the storage.  Trustee Laubacher suggested trying to get one of the storage companies in the Township to donate storage space.  Chief Martin stated that America has been experiencing problems with bed bug infestation and he has concerns with storing the clothing without knowing where they came from and if they have been properly cleaned.  .  It seems frivolous but it is a legitimate concern with the storage of clothing.  Trustee Laubacher stated that he would contact Ms. Knotts to assist her with finding another location  for clothing storage.

Public Speaks on items up for Board Approval: None.

Township Business requiring Board Action:

Unfinished Business:

Update Regarding Hartwick Park Lease

Trustee Laubacher stated that he and Administrator Fetzer had a meeting with Dr. Richard, Perry Local Schools Superintendent and Mr. Brenner, Perry Local School Board Member regarding the ideas presented at a recent meeting for the Hartwick Park lease.  Trustee Laubacher stated that during the meeting he expressed that the Township would like to offer non monetary assistance to the schools in fixing the tennis courts. Dr. Richard and Mr. Brenner were very receptive to the ideas and comments.  Dr. Richard and Mr. Brenner stated that they would communicate back to the Township after their school board meeting.  

Trustee Laubacher stated that he spoke with Mr. Marty Bowe from Perry Local School regarding the idea of relocating the tennis courts closer to Edison Jr. High and eliminating the tennis courts by Perry High School to make additional room for parking.  Mr. Bowe stated that the schools were not interested in doing that because they would have to bus the students to the courts.  Other than that, the schools were in favor of all of the other ideas presented. 

Trustee Chessler inquired what was said in terms of what the Township’s contributions would be.  Trustee Laubacher stated that the Township would assist in pulling out the fencing poles surrounding the tennis courts and grating, however, would not be able to contribute monetarily.  Then the Law Director would be asked to remove the tennis courts from the Hartwick Park lease.  Trustee Chessler inquired if they discussed mowing the property at Reedurban Elementary School after it is demolished.  Trustee Laubacher stated that the schools requested the Township to mow the property at Reedurban after the school is demolished and noted that the playground equipment is going to remain on the property.  Trustee Chessler verified that in kind donation of services to the tennis courts and assistance with mowing is all that the Township is responsible for.  Trustee Laubacher stated that was correct and Dr. Richard and Mr. Brenner were in favor of those suggestions.

Update of Cintas Contact

Administrator Fetzer stated that at the last meeting the renewal of the Cintas contract was tabled for further research of services.  After the Department Head meeting it was determined that only uniform services from Cintas would be renewed and the rugs will be purchased out right.  Trustee Capaldi inquired if this matter will be placed on the agenda for the next Regular Meeting for consideration. Administrator Fetzer stated that was correct. 

New Business:

Trustee Laubacher made a motion to approve bills in the amount of $122,015.34 for the week ending February 22, 2011, bills and payroll in the amount of $256,366.04 for the week ending in March 1, 2011 for a combined total of $378,381.38; Seconded by Trustee Capaldi.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, yes.  Miss Capaldi, yes. 

Fiscal Officer: 

Trustee Capaldi made a motion to approve the minutes from the February 15, 2011 Regular Meeting minutes; Seconded by Trustee Chessler.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, yes.  Miss Capaldi, yes. 

Administration: 

Consider Aultcare- Administrative Service Only Agreement

Administrator Fetzer stated that Law Director Hall has reviewed and approved the renewal of the Aultcare- Administrative Service Only Agreement.  The agreement includes a monthly fee of $1.35 for vision, $3.45 for dental and $2.25 for COBRA.  The Board President’s signature is required on the agreement.  Trustee Laubacher inquired if Mr. Hall had anything to report to the Board.  Mr. Hall stated that he did not as this is the same standardized contract that the Board has approved in previous years.  Trustee Chessler inquired if it was Mr. Hall’s recommendation that the Board renew the agreement.  Mr. Hall responded yes. 

Trustee Chessler made a motion that the Board renew the Administrative Services Only contract with Aultcare at the quoted prices; Seconded by Trustee Capaldi.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, yes.  Miss Capaldi, yes. 

Consider Authorizing the Administrator to Submit the Notice of Intent Form to the OEPA- Fasnacht Farm Park Improvements

Administrator Fetzer asked the Board to make a motion authorizing her to submit the “Notice of Intent” form to the Ohio Environmental Protection Agency (OEPA) for the MS-4 Permit which is applicable to Fasnacht Farm Park improvements.  This permit would allow the beginning of the moving of the earth and would be good for all improvements that will occur at Fasnacht Farm Park..  The permit is a cost of $500.00 and is required by law.

Trustee Capaldi inquired the purpose of getting the permit at this time.  Administrator Fetzer stated that any improvements completed at Fasnacht Farm that requires Earth moving is covered under this permit.  Trustee Capaldi inquired how far in advance the Township needs to get the MS-4 permit before Earth can be moved.  Administrator Fetzer stated that the time-line has not been confirmed yet.  Trustee Chessler asked Administrator Fetzer to confirm once the $500.00 is paid and the permit is received how long until the Township has to commence work.  Administrator Fetzer stated that Jason Fife with OEPA is going to be responding to these questions.  Trustee Capaldi stated that she would want to wait to the last possible moment to expend any of these funds.  Trustee Laubacher stated that Julie Berbari explained in their meeting that once the permit is received it is good forever.  Administrator Fetzer stated that the $500.00 fee has to accompany the MS-4 permit application and once the application is approved the Township can begin ingress/egress.  Trustee Capaldi tabled this matter until further questions are answered.

Consider Accepting Quote from Beaver Excavating

Administrator Fetzer stated that the Board received a quote from Beaver Excavating which includes seven (7) services that they will provide for the Township at Fasnacht Farm.  Administrator Fetzer and Trustee Laubacher previously met with Beaver Excavating regarding the ingress/egress at the top of the hill on Jackson Avenue NW.  The quoted amount for all seven (7) items from Beaver Excavating was $10,800.00.  Administrator Fetzer stated that the Township is also requesting a quote for a ten (10) to twelve (12) foot apron in the ingress/egress area.  Beaver Excavating will be providing a design plan to submit with the MS-4 permit application.

Trustee Capaldi inquired if the purpose of doing this was for the tenant farmer project.  Administrator Fetzer responded yes, so that there is proper ingress/ egress.  Trustee Capaldi stated that this is pretty expensive which is why she previously inquired how much it was going to cost the Township to get the tenant farmer project started.  Trustee Laubacher stated that the quote is not that expensive.  Trustee Capaldi stated that it scares her to spend any money when the Township is potentially not going to be receiving funding from the State.  Trustee Laubacher explained that the driveway needs to be relocated because it is a safety hazard.  Beaver Excavating stated that when they begin grating that they will leave the dirt to be used by the Community Gardening program.  Trustee Laubacher also requested the quote for the ten (10) to twelve (12) foot apron to prevent visitors from tossing gravel as they enter and leave Fasnacht Farm Park.  This quote has not yet been received.  Trustee Laubacher stated that this would be a start for the Fasnacht Farm Park project as a whole.  Trustee Capaldi stated that Beaver Excavating is a Township business but she does not know that this is a good price without there being other quotes provided to compare it to.  Trustee Laubacher stated that he and Administrator Fetzer would work on getting another quote for the Board’s review.

Fire Department: None.

Police Department:

Consider Radar Purchase Request

Chief Pomesky stated that he provided the Board with a purchase request for some radar units from MPH Industries.  Chief Pomesky stated that after working with the Officers and looking at the functionality of the radar units the Police Department was able to find the radar unit that they liked the best with the functions that work the safest while on the road.  These radar units are substantially smaller than the older ones that will be taken out of service and are safer because it will not create a view obstruction.  These radar units can also be integrated with the camera systems.  The speed that the Officer is observing will be displayed onto the Watch Guard unit so that the DVD can be sent to court.  This will help reduce the cost of court overtime but also update antiquated equipment that should be taken out of service.  Chief Pomesky explained that there is only one (1) quote as it came right from the manufacturer to continue the process of standardizing the patrol cars.  Trustee Capaldi inquired what the life of these units are.  Chief Pomesky stated that it the radar units could get through four (4) car cycles.  The total cost for all four (4) units is $5,476.00 from MPH Industries.  Trustee Laubacher inquired what fund the expenditure would be coming from.  Chief Pomesky stated that the expenditure would come out of the “Tools and Equipment” fund.  The radar units were budgeted for 2011.

Trustee Laubacher made a motion that the Board approve the quote from MPH Industries for the purchase of four (4) radar units at the price of $5,476.00; Seconded by Trustee Chessler.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, yes.  Miss Capaldi, yes. 

Consider Purchase of Taser Training Cartridges

Chief Pomesky asked the Board to approve the purchase of one hundred (100) taser cartridges.  The Police Department has six (6) tasers that the Officers carry with them while on duty.  The tasers are an essential tool to keep in service.  Chief Pomesky stated that the Police Department needs to have a departmental re-train this year.  Part of the training is to discharge the taser to get the feel of how the defensive weapon functions.  Vance’s is one of the only authorized taser distributors in Ohio and the total price will be $2,418.00.

Trustee Chessler made a motion that the Board approve the purchase of taser cartridges in an amount not to exceed $2,418.00 from Vance’s Law Enforcement for the materials that appear in the invoice; Seconded by Trustee Capaldi.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, yes.  Miss Capaldi, yes. 

Consider OVI Taskforce Supply Purchase Request for Traffic Grant

Chief Pomesky stated that the Perry Township Police Department is the host for the OVI Taskforce.  In writing the OVI grant over the past year, equipment supplies were priced for the operation of sobriety check points.  Some of the equipment includes; fifty (50) flare beacons, nine (9) packs of Duracell batteries, ten (10) Lights for Life, fourteen (14) break away vests and fourteen (14) mesh safety vests.  Chief Pomesky explained that this is an expenditure that would come through the grant.  The Township would initially need to purchase the equipment and submit for reimbursement to the Ohio Traffic Safety Office.  The best price came from Gall’s at a total cost of $2,783.25.

Trustee Capaldi made a motion that the Board enter into a contract with Gall’s for the purchase of OVI Taskforce supplies at a price of $2,783.25; Seconded by Trustee Chessler.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, yes.  Miss Capaldi, yes. 

Consider Accepting Donation from Waikem’s to Re-finish Squad 45

Chief Pomesky stated that at the last Township meeting the Police Department purchased Squad 45 from the Fire Department.  Chief Pomesky stated that he has been working with several body shops to get the squad re-finished to match the current fleet.  Waikem Ford has offered to re-finish the whole squad for free.  This is a tremendous savings and benefit to the Township.  The squad is in excellent shape and will greatly serve the needs of the Township.  Chief Pomesky asked the Board to make a motion to accept the donation from Waikem Ford.

Trustee Capaldi made a motion that the Board accept the donation from Waikem Ford to re-finish squad 45 with great thanks; Seconded by Trustee Chessler.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, yes.  Miss Capaldi, yes. 

Road Department: None.

Law Director: None.

Zoning: None.

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:

a.)           Sarta Levy Issue- May 3, 2011 Sarta will be requesting Stark County residents to support a 1/4%                 sales tax renewal to continue providing valuable services- NO NEW TAXES

b.)          Stark County Health Department District Advisory Council Meeting- Thursday, March 3, 2011-     7:30pm at the Stark County Health Department, third floor conference room, 3951 Convenience       Circle NW, Canton, Ohio 44718.

Public Speaks-Open Forum: None.

Executive Session(s): 

Trustee Capaldi made a motion that the Board adjourn into executive session under O.R.C. 121.22 (G) (4) to discuss pending litigation to include to the Board, Fiscal Officer and Law Director; Seconded by Trustee Laubacher.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, no.  Miss Capaldi, yes. 

The Board adjourned into Executive Session at: 7:40pm

The Board adjourned from Executive Session at: 7:47pm

Adjournment:

With nothing further to come before the Board, Trustee Capaldi made a motion to adjourn the meeting at 7:47pm; Seconded by Trustee Laubacher.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, yes.  Miss Capaldi, yes. 

 Lee C. Laubacher, President                                    

 Joe Schlegel, Fiscal Officer