Regular Meeting

Perry Township Board of Trustees

Regular Meeting

July 19, 2011 7:00pm

Call to Order/Pledge of Allegiance:

Excused absence:  None.

Additions/Deletions to Agenda: None.

Consider Board of Zoning Appeals Alternate Position

Trustee Capaldi made a motion that the Board appoint Mark O’Brien as the Zoning Board of Appeals alternate; Seconded by Trustee Chessler.

Trustee Laubacher inquired why Trustee Capaldi and Trustee Chessler picked Mr. O’Brien.  Trustee Capaldi stated that she looked at Mr. O’Brien’s qualifications and at the current mix on the Board of Zoning Appeals.  Mr. O’Brien has spoken in front of the Board of Trustees before and the Board has seen how Mr. O’Brien handles stresses.  Trustee Chessler echoed those comments and noted that Mr. O’Brien has a good temperament and demeanor.

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

New Business:

Trustee Laubacher made a motion to approve bills and payroll in the amount of $134,309.08 for the week ending July 19, 2011; Seconded by Trustee Chessler.

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

Fiscal Officer: 

Trustee Laubacher made a motion to approve the minutes from the July 12, 2011 Regular Meeting minutes; Seconded by Trustee Capaldi.

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

Administration: 

Consider Intent to Participate in the SCOG Natural Gas Program

Administrator Fetzer stated that the Board received documents from Mr. Joe Martuccio, Law Director for the City of Canton and SCOG Executive Member.  The current SCOG Natural Gas Program ends September 30, 2011.  The three (3) year program did save a lot of dollars.  A new offer from SCOG has been negotiated through Mark Burns, Independent Energy Consultants and the program is expected to save more dollars.  Administrator Fetzer asked the Board to consider authorizing the participation in the SCOG Natural Gas Program.

Trustee Laubacher made a motion that the Board enter into an agreement for natural gas procurement for government accounts through SCOG; Seconded by Trustee Chessler.

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

Consider Authorization to Order Play Ground Equipment for Summerdale Park- $3,000.00 Rotary Donation

Administrator Fetzer stated that she presented a Powerpoint presentation to Perry Township Rotary regarding the needs assessment for Perry Township parks and requested a $3,000.00 donation to assist with the cost for playground equipment at Summerdale Park.  Perry Township Rotary has offered the $3,000.00 donation and the check is in the mail.  However, it takes four (4) weeks for the playground equipment to be delivered and an additional week for installation.  Administrator Fetzer asked the Board to consider authorizing her to place the order tomorrow.  Trustee Chessler stated that this would require the Township to pay the balance of $283.30.  Administrator Fetzer stated that was correct.

Trustee Chessler made a motion that the Board accept the $3,000.00 donation from Perry Township Rotary for the purposes of defraying the costs of playground equipment for Summerdale Park and enter into an agreement with David Williams & Associates for the purchase of that equipment for a cost not to exceed $3,283.30.  The balance over the donation to be paid by Township funds; Seconded by Trustee Capaldi.

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

Consider Adoption of Recycling Station Policy

Administrator Fetzer stated that the Recycling Station policy addresses rules of conduct that will assist in informing the Township Recycling employees of expectations, employee conduct and general rules and regulations regarding the Recycling Station.  Each of the employees will sign off on the acknowledgement statement.  The policy has been reviewed and approved to form and legal sufficiency by the Law Director.  Trustee Chessler inquired if members include those who are assigned to the Recycling Station for community service by the court system.  Administrator Fetzer stated that there is a separate set of rules and regulations for the community service workers.  Trustee Chessler verified that the Recycling Station Policy would only be applicable to employees of the Township Recycling Station.  Administrator Fetzer stated that was correct.  Trustee Chessler asked Mr. Hall to point him to the provision regarding the expectation and conduct of employees as it relates to people bringing items into the Recycling Station with the purpose of disposing of them but prohibiting the employees of taking them home.  Administrator Fetzer stated that it is addressed on page one (1) item one (1). 

Trustee Capaldi made a motion that the Board adopt the Recycling Station policy as it was presented to the Board which is title “Rules of Conduct”; Seconded by Trustee Chessler.

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

Fire Department:

Consider the Appointment of Joseph DiAntonio to Full-time Firefighter Medic

Chief Martin asked the Board to hire part-time firefighter medic Joseph DiAntonio as a full-time firefighter medic to fill the current vacancy at the Fire Department that was created when Matt Gatchell resigned.  The effective starting date would be Friday, July 22, 2011.  On July 29, 2011 oral and written examinations were given to four (4) candidates who are current part-time members of the Fire Department.  Once the results were tabulated, Mr. DiAntonio was ranked number one (1) and was then given a polygraph and physical.  Mr. DiAntonio would be afforded all of the current benefits entitled to a probationary employee under the collective bargaining agreement and a starting rate of pay of $12.25 an hour.  The probationary period will be one (1) year.

Trustee Chessler made a motion that the Board hire Joseph DiAntonio as a full-time firefighter medic with the Perry Township Fire Department effective Friday, July 22, 2011 with a one (1) year probationary period subject to the terms of that position in the collective bargaining agreement including all benefits in addition to pay; Seconded by Trustee Capaldi.

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

Consider the Replacement of Station #3 Generator

Chief Martin asked the Board of Trustees to authorize the replacement of Station #3 emergency back up generator.  The installation would be completed by Tasos Electric Company at a cost not to exceed $5,995.00.  The current generator at Station #3 is over twenty-five (25) years old.  The back up generator is also important with the move of the Police Department’s communication system to Station #3.  Should the power go out the generator provides power to the radio system.  This is a critical piece of infrastructure when you look at public safety. 

Trustee Laubacher made a motion that the Board authorize the Fire Department to purchase a generator from Tasos Electric Company and have it installed at a price not to exceed $5,995.00; Seconded by Trustee Chessler.

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

Consider the Purchase of 20 Portable Radios with Miscellaneous Radio Accessories

Chief Martin stated that the Fire Department is asking the Board of Trustees to authorize the purchase of twenty (20) portable radios with miscellaneous radio accessories from B&C Communications at a cost not to exceed $17,882.64.  Chief Martin stated that during the process of the Communications Committee the Fire Department identified that there was a shortage of portable radios when it came to members operating in the hazard zone.  The report showed a shortage of forty-nine (49) radios.  Chief Martin stated that he budgeted for new radios in the 2011 and 2012 budgets.  There are two (2) sections under the Ohio Administrative Code that specifically addresses communication in the hazard zone; 4123.1, 2107.824.  Incident management states that each crew operating within the hazard zone shall be provided with communication equipment capable of communicating with the incident command.  Three quotes were obtained and B&C Communications provided the lowest quote at $17,882.64.

Trustee Capaldi made a motion that the Board enter into an agreement with B&C Communications for twenty (20) portable radios at a price not to exceed $17,882.64; Seconded by Trustee Chessler.

Trustee Chessler inquired if the new portable radios would be compliant with the banding requirements.  Chief Martin stated that was correct and when the radios come from B&C Communications they will already be narrow banded.

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

Consider Hiring Steven Scarpino as a Part-time Firefighter

Chief Martin asked the Board to hire Steven Scarpino as a probationary part-time firefighter with the Perry Township Fire Department.  Mr. Scarpino will serve his one (1) year probationary period and will be afforded all current benefits given to part-time employees.  Mr. Scarpino lives right outside of the Township limits in Canton Township where he is employed as a part-time firefighter.  Mr. Scarpino already has his 240 hour certification and is also a paramedic. Effective hiring date would be July 19, 2011.

Trustee Chessler made a motion that the Board hire Steven Scarpino as a probationary part-time firefighter/ medic with the Perry Township Fire Department.  The Board has acknowledged his residence, employment as a part-time firefighter medic with the Canton Township Fire Department and his 240 hour certification.  Mr. Scarpino will be afforded all benefits applicable to part-time employees with an effective hiring date of July 19, 2011 and subject to the annual restriction on hours worked by part-time employees; Seconded by Trustee Capaldi.

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

Consider Hiring Anthony Gentile as a Part-time Firefighter

Chief Martin asked the Board to consider the hiring of Anthony Gentile as a probationary part-time firefighter/ EMT-B with a one (1) year probationary period.  Mr. Gentile lives on Seymour which is basically one (1) block out of Perry Township.  Mr. Gentile holds his 240 hour certification and is an EMT-B.  Mr. Gentile would be afforded all benefits applicable to a part-time employee with an effective start date of July 19, 2011.

Trustee Capaldi made a motion that the Board hire Anthony Gentile as a probationary part-time firefighter/ EMT-B with the Perry Township Fire Department.  Mr. Gentile will be afforded all benefits applicable to part-time employees with an effective hiring date of July 19, 2011 and subject to the annual restriction on hours worked by part-time employees; Seconded by Trustee Chessler.

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

Consider Resignation of Ashley McCabe, Administrative Assistant- Effective July 29

Chief Martin asked the Board to accept the resignation of Fire Administrative Assistant Ashley McCabe with an effective date of July 29, 2011.  Mrs. McCabe has been employed by the Perry Township Fire Department since October 9, 2009.  Mrs. McCabe has found employment with another community.

Trustee Laubacher made a motion that the Board accept the resignation of Fire Administrative Assistant Ashley McCabe effective July 29, 2011; Seconded by Trustee Chessler.

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

Police Department: None.

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:

June Statistics

Road Department: None.

Zoning: None.  

Law Director: None.

Announcements:

1.            Ohio Division of Liquor Control- Dolgen Midwest LLC DBA Dollar General Store 10104, Perry         Township, Canton, Ohio 44708- Requesting C1 and C2 permit- Responses must be postmarked         no later than August 15, 2011.

Public Speaks-Open Forum:

Charles Dugan- 512 Zern Ave. SW.  Mr. Dugan expressed his concerns regarding water problems he has experienced at his home due to the rain.  Mr. Dugan stated that he firmly believes that the water problems are caused by the Waikem property.

Gary Mann- 520 Zern Ave. SW.  Mr. Mann expressed his concerns regarding water problems.  Mr. Mann stated that this is the first time in fifteen (15) years that they have experienced water problems from the rain.

Mr. Hall explained that these issues are a County problem.  The Board can not spend money on private property.  Trustee Capaldi stated that she and Mr. Masalko met with the Stark County Engineers Office and went through all of the drainage issues that are taking place in Perry Township.  The Stark County Commissioners held a meeting at Perry Township Hall on June 15, 2011 and the room was filled with residents with drainage concerns.  The Township was told that the County does not have the money to fix these water problems.  Trustee Capaldi encouraged the residents to keep attending the County meetings.

Roberta Valerie Mann- 520 Zern Ave. SW.  Mrs. Mann inquired if the Township was responsible for the ditches that run along the side of the roads.  Mr. Masalko stated that the Road Department will address problems with ditches along the side of the road.

Mrs.  Gadd-517 Zern Ave. SW.  Mrs. Gadd expressed her concerns regarding the water problems on Zern and believes that the water problems are caused by the Waikem property.

Trustee Laubacher stated that there are three (3) Townships in the state of Ohio who have Storm Water Management ordinances/ districts.  Trustee Laubacher stated that he would like a gentleman by the name of John Albers come to the meeting and explain Storm Water Management Districts (6119).  Trustee Capaldi stated that this matter is on the agenda for a work session discussion to bring up these types of things.  Trustee Chessler stated that this can only be done by an act through the Stark County Commissioners.  Mr. Hall stated that was correct.  Trustee Chessler inquired if Mr. Hall knew of any way for the Township Trustees to put this matter on the ballot.  Mr. Hall stated no but he will look into this matter further and report his findings to the Board.  Trustee Chessler stated that he wants the Law Director to tell the Board of Trustees with certainty that there is another mechanism that the Township can avail to without the permission/ consent or action from the County Commissioners.  Trustee Chessler stated that the Board was told by the County Commissioners that they do not have an interest whatsoever in imposing a tax for any purpose on anyone in Stark County.  So that option is not an option and the Board needs to let the Perry Township residents who have suffered with these problems know that, that solution is not a practicality in this day and age.  Trustee Chessler stated that if there is something else, he is willing to consider it but he does not want to talk in hypothetical’s here anymore and get peoples hopes up.  Trustee Capaldi stated that she prefers to have the Law Director provide a legal opinion first.  Mr. Hall stated that he will do some research and get a fully informed and researched opinion letter to the Board.

Bard Huntsman- 4025 Prosway.  Mr. Huntsman addressed his questions to the Board regarding the article that was in the newspaper regarding Trustee Capaldi’s residency in Perry Township and her decision not to run for re-election.  Trustee Capaldi explained that the residency requirements are in the ORC and she is a resident of Perry Township.  Trustee Chessler stated that he read the same article and has worked with Trustee Capaldi in her first term and through her second term up until this point.  Trustee Chessler stated that he knows Trustee Capaldi’s work ethic/ work habits and he has seen no change in it or the thoroughness in which she approaches a topic.  Trustee Chessler stated that he and Trustee Capaldi do not always agree but he sees no difference and he still has the same confidence in her decision making and her participation in this Board.

Executive Session(s): 

Trustee Capaldi made a motion that the Board adjourn into Executive Session pursuant to ORC 121.22 (G) (1) to consider disciplinary matters to include the Board, Fiscal Officer, Law Director and others as requested; Seconded by Trustee Chessler.

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

Adjourned into Executive Session at:  8:27pm

Adjourned from Executive Session at:  9:10pm

Adjournment:

With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 9:10pm; Seconded by Trustee Capaldi.

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

                                              

Lee. C. Laubacher, President                                                                   

 Joe Schlegel, Fiscal Officer