Regular Meeting

 Perry Township Board of Trustees

Regular Meeting

August 16, 2011 7:00pm

Call to Order/Pledge of Allegiance:

A.)          Moment of silence in honor of Sergeant Daniel J. Patron- US Marine Corps, age 26 who                 sacrificed his life in Sangin, Afghanistan on August 6, 2011

B.)          Moment of silence in honor of Victoria L. Wells “Torrie,” age 18- passed away August 13, 2011    as a result of a car accident on 12th Street NW- Graduated from Perry High School in May

Trustee Laubacher thanked the Police and Fire Departments for their assistance in the services for Sergeant Daniel J. Patron.

Excused absence:  

Joe Schlegel, Fiscal Officer

Additions/Deletions to Agenda: None.

Public Hearings/Invited Guests: None.


Notice Provided by Rick Flory

Trustee Laubacher stated that the Board received a notice provided by Rick Flory regarding a public hearing set for 1:00pm on August 31, 2011 in the Stark County Office Building, Commissioner’s Board Room, 110 Central Plaza South, Suite #240, Canton, Ohio- written comments submitted prior to August 26, 2011.

Mr. Hall stated that hearing is in regards to the street vacation that the Board of Trustees filed several weeks ago.  Mr. Hall stated that he will be attending but it would probably be helpful if one of the Board Members along with Mr. Masalko were present as well.  Trustee Chessler stated that he will attend.

Public Speaks on items up for Board Approval: None.

Township Business requiring Board Action:

Unfinished Business:

Consider Adoption of Anonymous Letter Policy

Trustee Laubacher stated that the Board has received the anonymous letter policy from Mr. Hall.  Mr. Hall stated that Trustee Chessler and Administrator Fetzer did a fine job of bringing this in line with the Board’s discussion.  If this policy is acceptable to the full Board then it should be approved by verbal resolution.  This will be followed up by a written resolution and proper format so that it can be distributed to the Department Heads and employees.  Trustee Laubacher noted some grammatical errors and repetitive wording that he would like revised.  Mr. Hall stated that he would make those changes.

Trustee Capaldi inquired what the purpose is of making a motion to pass this policy versus a formal resolution specifically in contrast to the employee handbook that will be discussed later.  Mr. Hall stated that this would be to adopt it and then it would be incorporated into any handbook that may be eventually adopted.  Mr. Hall stated that he and Administrator Fetzer discussed whether or not he should prepare a formal written resolution incorporating this language into the resolution.  If with Trustee Laubacher’s suggestions, the Board is comfortable with that, it has the same legal affect just a different structure.

Trustee Chessler made a motion that the Board adopt and approve the anonymous letter policy with the suggested modifications as it has been most recently drafted and amended; Seconded by Trustee Capaldi.

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

Consider Entering into an Agreement for Engineering with Hammontree & Associates for the Summerdale Allotment Storm Sewer Improvement Project

Mr. Masalko stated that the Board is aware that he has been working with the County to get a commitment to enter into an OPWC application.  The commitment with the County is probably not going to happen but this project is a ticking time bomb.  Mr. Masalko stated that the project needs engineering regardless of whether the County participates or not.  This involves aging infrastructure and holes in roads and residential properties.  Mr. Masalko stated that this needs to move forward but he doesn’t know if the Township will have enough time to apply for the OPWC project this year.  The Township may have to hold off until next year.  Mr. Masalko stated that there still needs to be engineering done in this area.  Trustee Capaldi stated that the area needs to be scoped out to determine what portion is the Township’s responsibility and what the County’s responsibility is.  Trustee Capaldi stated that the question is not whether or not the Township should move forward.  The question is whether or not the Township is legally able to move forward.  Mr. Hall stated that in looking at the July 8 proposal from Hammontree & Associates and an aerial photograph, he has rendered in writing and reaffirmed that as long as the ditching and improvements are within the road right-of-way and is to the benefit of protecting the Township roads from flooding or being undermined then that portion of the project would be within the Township’s jurisdiction and lawful for the Board to proceed upon.  However, Mr. Hall stated that he is concerned that once you start getting into the neighborhoods and onto private properties where it crosses the line from being road drainage and start talking storm sewer control/ storm water ditches that’s where it becomes the County’s jurisdiction.

Trustee Capaldi stated that the current proposal contains information about off-road improvements.  Mr. Masalko asked Mr. Oprisch if the proposal could be revised to drop the off road improvements.  Mr. Oprisch stated that he can modify the proposal as the Township has suggested.  Trustee Capaldi stated that the majority of the problems are off road.  Mr. Masalko stated that was correct.  Trustee Capaldi stated that there was a meeting to be called regarding this project.  Mr. Hall stated that a written request for a meeting was sent but no meetings have been scheduled to his knowledge.  Trustee Chessler inquired if the shelf life of the proposal would last awhile so that if the Township didn’t get to this project right away that the design could still be relied on.  Mr. Oprisch stated that the shelf life would be a couple of years.  A substantial portion of the project is in the allotment and in the right-of-way.  Mr. Oprisch stated that it doesn’t make much sense to do the project without the County’s participation to take care of the drainage easement.  Trustee Laubacher inquired if it was the County Engineer or the County Commissioners that aren’t interested in participating in this project.  Mr. Masalko stated that the County Engineer has mentioned that they need to get in there and clean out the ditch but no effort has been made at this time.  Trustee Laubacher inquired if the Board should send a letter to the County Engineer requesting that the ditch be cleaned.  Mr. Masalko stated yes and that he could draft a letter for the Board to sign.  Trustee Capaldi stated that the Board is not going to be able to take action on this matter.  Mr. Masalko inquired if the Board wanted Mr. Oprisch to revise the proposal without the off-road improvements.    Trustee Capaldi inquired if the project could be completed without the County or if the whole project needs to be done at once.  Mr. Masalko stated that the project should be done all at once.

Trustee Laubacher inquired if it would be beneficial for the Township to put something minor together to put in for the OPWC grant.  Mr. Oprisch stated that would be a good idea and with minimal effort something could be put together just to see where it falls.  Trustee Capaldi stated that she doesn’t think that it is worth submitting a project for just Perry Township because it is not going to solve the problem as a whole.  The Board agreed.

Consider Accepting Quote for Fence Repair at 3245 Pine Hills Drive SW

Trustee Laubacher stated that the Board previously discussed accepting a quote for fence repair at 3245 Pine Hills Drive SW caused by a tree limb off of Township property.  Trustee Capaldi stated that this is the second occurrence at this residence.  Trustee Laubacher stated that he went and assessed the trees in the area.  There are several trees along the property line that are dead and need to be cut down.  Trustee Capaldi stated that this is the second time this has happened and it may happen again if the Township doesn’t have the dead trees removed.  Trustee Laubacher stated that Mr. Shreffler, Park Superintendent is going to be obtaining estimates to have those trees removed.  Trustee Capaldi suggested that the Township assist the property owner with the second fence repair due to moral obligation.

Trustee Laubacher inquired what Don’s Tree Service did for $300.00.  Administrator Fetzer stated that the Perry Township Park Department cut up the tree braches that landed in the property owners land and threw the wood onto Township property.  The property owner then took it upon herself to call Don’s Tree Service to come onto Township property and clean up the wood.  Trustee Capaldi inquired about the fence repair.  Administrator Fetzer stated that the property owner is asking the Township to pay for the first fence repair for $285.00, second fence repair for $325.00 and reimburse her for the Don’s Tree Service invoice.  Trustee Capaldi stated that she didn’t know about the Don’s Tree Service invoice because the Township could have easily cleaned up the wood but the fence repair for $325.00 seemed reasonable.  Mr. Hall inquired if the property owner received insurance reimbursement for the first incident.  Administrator Fetzer stated that she was not sure because that was not specified in the email.  Trustee Capaldi stated that the Township will have to follow up with the property owner first to find out if the first incident was claimed on her home owners insurance before the Board can act formally on this matter.  Trustee Chessler verified that the Township will reimburse her $610.00 for both incidents minus whatever was covered by her insurance.  The Board agreed.

Trustee Chessler made a motion based on the information received that the Board authorize reimbursement to Brenda Stutler in the amount of $610.00, less any amount that she can establish that was paid to her by insurance coverage available; Seconded by Trustee Capaldi.

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

Consider Accepting Quote for Electrical Upgrade at Fasnacht Park- Small Farm House

Trustee Laubacher stated that the Board received three (3) quotes for the electrical upgrade at Fasnacht Park- small farm house.

Company Quote
RE Miller Construction $2,475.00
Abbott Electric $2,400.00
Baker Electric $3,000.00


Trustee Laubacher stated that he would like to see the Township accept the quote from RE Miller Construction.  Even though Miller Construction’s quotes was $75.00 more he has already done some of the work and is familiar with the situation.  Trustee Laubacher stated that the quote of $2,475.00 could be less if the tree trimming is cheaper.  Trustee Capaldi stated that the $2,475.00 doesn’t include tree trimming.  Trim trimming would be an additional $250.00.

Trustee Capaldi made a motion that the Board enter into an agreement with Abbott Electric for electrical updates at the small farm house at Fasnacht Park as outlined in the quotes in an amount not to exceed $2,400.00; Seconded by Trustee Chessler.

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 $311,745.04 for the week ending August 16, 2011; 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 August 9, 2011 Work Session minutes; Seconded by Trustee Chessler.

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


Consider Adoption of Employee Handbook

Administrator Fetzer provided the Board with the final draft of the employee handbook.  The employee handbook has been reviewed by all Department Heads, labor union representatives, the Board and the Law Director.  Upon adoption of the employee handbook all copies will be provided in a binder to each of the Township employees.  Administrator Fetzer thanked everyone who participated in created this document.

Trustee Capaldi made a motion that the Board adopt the employee handbook the August 2011 edition; Seconded by Trustee Chessler.

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

Discussion of Indigent Burial Policy

The Board received documentation from Keri Dean, Cemetery Sexton regarding an indigent burial matter at Richville Cemetery.  Currently, there is no policy in place regarding indigent burials.  This was a cost to the Township and the family is requesting that they be allowed to place a headstone on the grave.  The Township was required by law to assume the costs of cremation and burial since the deceased was deemed indigent.

Trustee Chessler stated that he grew up with the deceased, John Bunton.  Mr. Bunton’s sister Ruth Ann Johnson called and requested that the family be permitted to purchase a headstone for the grave.  This situation exposed the fact that the Township does not have a policy in place to address this matter.  Trustee Chessler stated that Keri Dean, Cemetery Sexton had called other private cemeteries to find out their policies on indigent burials.  Calvary Cemetery informed Miss Dean that they do not allow headstones/ grave markers to be placed on indigent burials unless they are reimbursed in full for all costs.  Trustee Chessler stated that the Township is statutorily responsible for the cost of the cremation and plot which in this instance totaled $1,307.70.  Mrs. Johnson is now requesting that she be allowed to mark the grave of her brother with a headstone.  The issue before the Board is whether or not they will make Mrs. Johnson pay something that she is not legally obligated to pay in order for her to commemorate the memory of her brother.  Trustee Chessler stated that he is open for discussion but doesn’t feel that it would be fair to hold hostage a family member and make them pay for something that is not a legal obligation. the memory of her brother.  Trustee Chessler stated that he is open for discussion but doesn’t feel that it would be fair to hold hostage a family member and make them pay for something that is not a legal obligation.

Trustee Capaldi stated that the Township is mandated by the State to provide the cemetery services.  Richville Cemetery was an abandoned cemetery and the Township took it over several years ago.  The Township spent thousands of dollars improving the cemetery.  The Township was mandated to take over the cemetery without any type of revenue.  The Township had to dip into other tax revenues to provide that unfunded mandate.  Trustee Capaldi stated that the Township has done a lot already and the only way that the Township can continue to keep the cemetery in shape is to charge the fees that it takes to bury.  Trustee Capaldi stated that though she feels very badly for the situation she doesn’t believe that the Township can continue to run the cemetery without absolutely no revenue when the Township is mandated to keep it up.  The Township has spent thousands of dollars to even be able to have someone buried there.

Trustee Chessler inquired if Trustee Capaldi is proposing that the Township impose a charge on a family member in order to establish some source of revenue.  Trustee Capaldi suggested that the Township be reimbursed the cost of the indigent burial. Trustee Chessler inquired if Trustee Capaldi is saying that if the family doesn’t reimburse the Township for the burial that they cannot place a headstone down to honor your brother.  Trustee Capaldi stated that was correct and that there are markers there and it would be similar to other policies.  The Township already provides the cemetery as a service and has no way of paying for it other than through general fund dollars.  There is nothing that would preclude the Township off accepting some type of payment plan to get the balance paid down.  

Trustee Laubacher stated that this is truly a difficult situation and he understands the concerns of the Board Members.  Mrs. Johnson isn’t her brother’s keeper but she just wants to put a grave marker there and she isn’t responsible for the cost of her brother’s burial.  Trustee Capaldi stated then everybody else is responsible.  Trustee Chessler stated that sometimes that’s just the way it should be.  Trustee Capaldi stated that she would have to disagree.  Trustee Chessler stated that to invoke such a policy holds family member memories hostage and that is wrong.  Trustee Capaldi stated that she believes that it is wrong to reallocate funds for one person that was taken from many.  Trustee Chessler stated that the State has told the Township to do that.  Trustee Capaldi stated that it allows the Township to collect those fees and to put certain things into practice.  Trustee Chessler stated that the State hasn’t allowed the Township to collect the fees.  Trustee Capaldi stated that the Board was given direction that they were given that they can collect the fees.  Trustee Chessler stated that he is looking at this as an opportunity or a decision that the Board must make of whether they want to adopt the policy by a majority vote.  Trustee Capaldi inquired if Calvary Cemetery would be expected to use the funds that other families pay.  Trustee Chessler stated that Calvary Cemetery is in another world of generating revenue and paying expenses than the Township.  Trustee Capaldi stated that Calvary Cemetery can make revenue and the Township can’t.  Trustee Chessler stated that he feels that this would be a terrible policy.  Trustee Laubacher inquired if the policy can be made on a case by case basis.  Trustee Chessler stated that then the people you like don’t have to pay and the people you don’t like have to pay.  That’s the dilemma you would face when granting a policy that gives that type of discretion.  

Mr. Hall stated that this is not a frequent issue that comes to the Township.  Since 1983, this is the second indigent burial that the Township has been asked to extend public funds to.  Trustee Capaldi stated that the Township has already spent several thousands of dollars of public funds just making the cemetery usable.  Trustee Chessler stated that the Township is bound by its existence and the state legislature states that the Township has to underwrite these costs that come along for people that don’t have funds.  Trustee Capaldi stated that Mrs. Johnson has funds for a headstone but what about the burial costs.  Trustee Chessler stated that, that just sounds so bad to him.  Trustee Capaldi stated that she knows it sounds bad but everyone else is being asked to pay for that without even having a choice.  Trustee Chessler stated that if it happens every twenty-seven (27) years then he’s happy with that choice.  Trustee Laubacher stated that he agrees with Trustee Chessler.

Trustee Laubacher also suggested that he would like to make a policy that states that all future plot purchases be stipulated to only being authorized to place flat headstones to make it easier for maintenance purposes.  Mr. Hall verified that Trustee Laubacher is requesting that from this day forward any and all sales of cemetery plots from August 17 forward must be flat headstone/ grave markers.  Trustee Capaldi stated that flat headstones is a whole separate issue.  Trustee Chessler verified that flat headstones/ grave markers is better because of lower maintenance costs.  Trustee Laubacher stated that was correct.  Trustee Capaldi stated that the idea of flat headstone/ grave markers can be looked into at a later date.

Trustee Chessler made a motion that the Board will in this instance with this request not require the family to pay the costs that have been incurred already for the cremation, vault, urn and plot at the cemetery as a pre-requisite of purchasing and placing a plat memorial marker at the Township cemetery; Seconded by Trustee Laubacher.

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

Fire Department:

Consider the Hiring of Part-time Firefighter EMT- B Brett Young

Chief Martin asked the Board to consider the hiring of Brett Young as a probationary, part-time firefighter EMT-B.  Mr. Young will be required to follow and complete all requirements placed on all probationary members with total work hours not to exceed 1500 and a one (1) year probationary period.  Chief Martin asked for an effective date of August 16, 2011.

Trustee Laubacher made a motion that the Board hire Brett Young as a probationary, part-time firefighter EMT-B required to complete all requirements placed on all probationary members with total work hours not to exceed 1500 and a one (1) year probationary period effective August 16, 2011; Seconded by Trustee Chessler.

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

Consider the Hiring of Penny Lorenz as Administrative Assistant

Chief Martin asked the Board to consider the hiring of Penny Lorenz to fill the vacant position at the Fire Department of administrative assistant at a starting rate of $12.25 per hour and all benefits afforded to full-time non-union personnel.  Effective date of hire to be Friday, September 2, 2011.  

Trustee Chessler made a motion that the Board hire Penny Lorenz to fill the vacant position administrative assistant position in the Perry Township Fire Department at a starting rate of $12.25 per hour and all benefits afforded to full-time non-union personnel effective Friday, September 2, 2011; Seconded by Trustee Capaldi.

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

Police Department: None.

Road Department:

Consider Participation in the Whipple Avenue SW Road Improvement Project with Canton Township and Levy Company

Mr. Masalko asked the Board to consider participation in the Whipple Avenue SW road improvement project with Canton Township and Levy Company because this road has been deteriorating for years. Canton Township agreed to do snow and ice maintenance for Whipple Avenue SW in return for Perry Township maintaining snow and ice on Whipple Avenue off of West Tuscarawas by Canton Center Mall.  This arrangement was made approximately thirty (30) to forty (40) years ago.  Canton Township has asked Perry Township to participate in the reconstruction of this road.  The Levy Company agreed to split the cost in thirds.  The total cost of the project is $60,000.00 and it will be split three (3) ways making each portion $20,000.00.  Mr. Masalko stated that he has researched the budget and found room for this project since the paving bid came in under bid.  Trustee Capaldi stated for the record that Whipple Avenue SW is a Perry Township road.  Mr. Masalko stated that was correct.  Trustee Capaldi inquired if there is the ability to come up with a formal agreement about the maintenance of Whipple Avenue SW for the future.  Mr. Masalko stated that he would imagine that would be possible.  Mr. Hall suggested that regardless of the action taken on this matter this evening there needs to be a formalized agreement regarding the maintenance of Whipple Avenue SW so that it is memorialized for future Road Superintendents and Trustees.  Trustee Capaldi inquired who would draft this agreement.  Mr. Hall stated that he will draft the agreement.

Mr. Hall stated that he circulated an email that he received from Tom Hewitt, Canton Township Road Superintendent regarding three (3) utility poles that need to be relocated or moved back.  Before this project can move forward two (2) things have to happen; Mr. Hewitt is still waiting for a cost estimate from the utility company to move the three (3) utility poles back and additionally the Timken Company must be contacted to see if they will voluntarily allow the easement to be expanded just for the distance of those three (3) poles.  This project is on hold until the utility company makes those two (2) determinations.  Mr. Hall suggested that if the Board is interested in proceeding with this project to go ahead and authorize it.  Due to the delays of the utility company, once the easement is acquired they may need six (6) weeks to move the poles.  This may be a project to where the preliminary construction can be done this fall but the pavement will probably not go down until next spring.  Trustee Chessler inquired if Mr. Hall anticipated acquisition of any additional easement from the Timken Company would raise the cost.  Mr. Hall stated that at this point from preliminary contact with Canton Township and the Timken Company they are willing to donate that easement since the Levy Company serves as a subsidiary industry to their steel production.  Trustee Capaldi inquired if it would be best to wait until it is all done.  Mr. Hall stated that nobody wants to go forward and make all the other efforts until they know that there is buy in from Canton Township, Perry Township and the Levy Company.  Trustee Chessler stated that he would rather know the prices before the Board proceeds rather than let it get so far then have to approve a change order.  Trustee Capaldi stated that the Board can say that they are committing to the project.  Mr. Hall stated that the commitment should be enough for the project to proceed for now.

Consider POW SERB Medication

Mr. Hall stated that the SERB Board declared that the Perry Organized Workers (POW), Road Employees Union and the Perry Township Board of Trustees was at ultimate impass and implemented a contract on April 21, 2011.  Since that time, there have been seven (7) unfair labor practices charges filed; two (2) by the employer against the union and five (5) union against the employer.  The union has requested that union negotiates be re-opened.  Mr. Hall stated that he has advised the Board that once ultimate impass is declared negotiations should not be re-opened.  The SERB Board has directed the parties to participate in pre-determination mediation.  Meaning that before a determination is made as to whether any of those seven (7) pending unfair labor practice charges have validity there should be mediation.  Mr. Hall stated that he has sent correspondence to the POW and SERB asking for clarification on whether the mediation is just on the issue of unfair labor practice or if there are other issues to be considered.  As the Board is aware, the POW says that everything is up for discussion in pre-determination.  The SERB assigned mediator stated that it is not for him to define but it is for the parties to define at and through mediation.  Several available dates have been provided for the parties to travel to Columbus for mediation.  Mr. Hall recommended that if the Board is willing to mediate it should be only on the issue of whether or not an unfair labor practice has been committed by either the POW or Perry Township and not to mediate those specific collective bargaining issues that the Board has already declared as ultimate impass.  The mediation on that narrow issue would take place in Columbus and those available dates have been provided.  The Board’s participation in mediation may help avoid an administrative law hearing on the unfair labor practice question.  Mr. Hall cautioned the Board that if at that mediation the POW tries to get into other issues that have already been declared at impass then the Board needs to clarify that those issues are not up for mediation.  Trustee Laubacher inquired if it would be worth it for the Board to go to mediation.  Mr. Hall stated that it shows a good faith attempt to try and narrow, define and flesh out the issue of whether or not there is an unfair labor practice on either side.  Mr. Hall stated that in his reading and understanding of the case law that the Board shouldn’t get into the apples and oranges of the contract language itself unless or until there is a determination that the Board by declaring ultimate impass did not do it correctly.  Mr. Hall stated that his firm recommendation to the Board is to this point everything that has been done has been done correctly and done under the guidelines set forth by state legislation and collective bargaining statutes as defined by the courts that interpret those statutes.  Trustee Capaldi inquired who would need to go to Columbus to represent the Board.  Mr. Hall stated that he would attend as the Law Director and the Board would need to designate one or more of the Trustees to attend.  If more than one Trustee would attend it would be considered a public meeting and it would have to be announced.  Trustee Chessler asked Mr. Hall to request that the SERB assigned mediator come to Stark County for the mediation.  Mr. Hall stated that he would make that request to SERB.  

Consider Central Allied Change Order to Reflect the Additional Material Required to Complete Administration Parking Lot Paving

Mr. Hall asked the Board to consider a change order from Central Allied to reflect the additional material required to complete the Township Administration parking lot paving.  The bid was $18,109.50.  Mr. Masalko stated that he received a bill on June 21, 2011 for $20,654.35.  After speaking with Central Allied on the phone, they explained that additional material was needed to complete the project.  Trustee Chessler stated that the Board historical scrutinizes change orders and looked unfavorably upon the effort of supplying a low bid and padding it later on.  Trustee Chessler stated that he believes the circumstances were a little different in this case.  Central Allied had pointed out that this was a one (1) day project.  At the end of the day Central Allied had to make a judgment call to finish the job right and added the additional quantities on good faith.  Trustee Chessler stated that he would look at this situation as different than the others that the Board has not looked favorable upon.  Central Allied is a company that the Township has worked with well in the past and they have a good reputation.  The difference in the change order is $2,544.85.  Mr. Masalko stated that was correct.  Trustee Capaldi stated that everyone was given specifications for the job and it was her understanding that there were some repairs that were miscalculated.  The tonnage was extra because the depth of the repair was more than what Central Allied originally quoted.  Trustee Capaldi stated that Central Allied had the opportunity to come out and look at the job ahead of time.  Mr. Masalko stated that was correct and Central Allied did come out and look at the lot ahead of time.  Trustee Laubacher inquired what the other quotes were in comparison to what the Township is going to be paying out.  Mr. Masalko stated that Superior Paving & Materials quotes $19,084.20 but he wasn’t sure about Northstar’s quote.  Mr. Hall stated that the big difference is between what they could visually see and what they could see when they broke the surface.  Trustee Laubacher inquired where this occurred.  Mr. Masalko stated that it was in the parking lot in front of Fire Administration.  

Chief Martin stated that the job was not done properly in the lot at the end of the sidewalk.  Central Allied had to come out two (2) times to cut out a section of the lot and repave it.  Chief Martin stated that it concerns him that the Township is being forced to pay for work that should have been done properly the first time.  Trustee Laubacher inquired what was done improperly to cause the problem.  Mr. Masalko stated that the lot was built up to high and it was holding water.  Chief Martin stated that they day after the project was completed it rained and there was literally two (2) inches of water at the end of the sidewalk in a puddle five (5) feet in diameter that could have created a significant safety hazard.  Chief Martin stated that he took pictures and submitted them to Mr. Masalko.  Trustee Chessler inquired if the puddling is still occurring since it has been fixed.  Chief Martin stated that there has been no puddling since Central Allied came back out and fixed the problem.  Trustee Chessler thanked Chief Martin for his comments as he was not aware of that until mentioned this evening.  Trustee Capaldi stated that she is not prepared to accept the change order from Central Allied.

Law Director: None.


Consider Assessments from May to July 2011 to be forwarded to the Stark County Auditors Office

Mr. Weckbacher asked the Board to consider the assessments from May to July 2011 to be forwarded to the Stark County Auditors Office.  The total amount that the Township is assessing is $8,250.00.  Mr. Weckbacher stated that after posting and sending letters out he received one (1) call back requesting that he assessment be applied to the previous property owner.  The property under assessment is 1521 Dunkeith Dr. NW.  Mr. Weckbacher stated that he will get with the Law Director to go after the previous property owner.  Trustee Capaldi verified that all assessments were properly posted.  Mr. Weckbacher stated that was correct.  Trustee Capaldi stated that minus the property on Dunkeith the assessments totaled $8,020.00.  Mr. Weckbacher stated that was correct.

Trustee Capaldi made a motion that the Board authorize the Zoning Inspector to process the assessments on the properties minus 1521 Dunkeith Dr. NW as listed on the 2011 zoning assessments for a total of $8,020.00; Seconded by Trustee Chessler.

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

Parks: 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.


Law Director: None.


  1. Stark County Health Department Mosquito Spraying Schedule- Spraying will take place after 8:00pm on the scheduled dates.  In case of rain, high winds, or cold temperatures spraying will                be postponed.  People who suffer with respiratory ailments may vacate the area.  Beekeepers       should take the necessary precautions to protect their hives.
  2. Perry and Canton Townships- Tuesday August 16, 2011, North Boundary 12th Street,                                       South Boundary is Southway Street, East boundary is Canton City Limits, West Boundary                                              is Perry Drive.
  3. Perry and Canton Townships- Wednesday, August 17, 2011, North Boundary is                                                  Southway Street, South Boundary is Navarre Road, East Boundary is Gambrinus Avenue,                                             West Boundary is Massillon City Limits.
  4. Beginning Friday, August 19, 2011 the yard waste bins at the Recycling Station will be relocated to the: Perry Township Road Department- 1500 Jackson Ave. SW, Massillon, Ohio 44646.  Hours           of operation will remain the same: Monday 10-6, Tuesday- Thursday 8-2, Friday 9-5, Saturday 8-      2, Sunday Closed.

Public Speaks-Open Forum:

Jack Kale- 6041 Longbrook SW.  Mr. Kale addressed his concerns regarding flooding at his mother’s residence.  Mr. Hall stated that he, Trustee Laubacher and Mr. Masalko met with Mrs. Kale last week.  There is flooding that takes place when there is substantial rain fall that comes out onto the surface of the road.  Clearly this is a situation that falls within the jurisdiction of the Road Department.  Mr. Hall stated that there may be an opportunity to create an open ditch from the edge of Mrs. Kale’s property down to an existing catch basin and then re-contour some of the ground within the road right of way.  This will direct the water into the open ditch and to the catch basin.  If this project moves forward it may involve the Board going slightly outside of the right of way just to re-contour some of Mrs. Kale’s yard to direct the water into an open ditch.  Mr. Hall stated that Mrs. Kale agreed to sign a waiver giving the Board permission to do that as an experiment to see if this project will help control the water.  Mr. Hall asked the Board if they had any objection to entering into an agreement with Mrs. Kale to go onto her property (outside of the right of way) to attempt to control the water coming off of the surface of Genoa Road.  Trustee Capaldi inquired what was causing the back up onto the road.  Mr. Masalko stated that it is caused by the volume of water.  Mr. Hall stated that this project is designed to keep water off of Genoa Road and a substantial amount of the project will take place within the road right of way.  A formal agreement will be brought back to the Board once it is determined.

Brian McBurney- 514 Harding Avenue SW.  Mr. McBurney addressed his concerns regarding drainage and flooding at his mother’s residence at 514 Harding Avenue SW.  The flooding occurs anytime there is a substantial rain.  Mr. Masalko stated that nobody wants a ditch anymore so people pipe in their ditches and use the space for off road parking.  A lot of this piping has collapsed on the west side of Harding.  Mr. Masalko stated that he needs to go into this area with the ditcher and just ditch, ditches.  This would help the problem at Mrs. McBurney’s residence.  Mr. Masalko stated that this project is on the list.  Trustee Capaldi inquired how the drainage concerns are being prioritized.  Mr. Masalko stated that if it is a culvert problem that is not allowing residents to get into their driveways then that goes to the top of the list.  If the problem is the catch basin is caved in and it is causing danger to the road then it gets priority.  Trustee Capaldi inquired asked Mr. Masalko for his best estimate of timing.  Mr. Masalkostated that they will be working on all of the complaints until the snow flies.

Judy McBurney- 514 Harding Avenue SW.  Mrs. McBurney addressed her concerns regarding drainage and flooding at her mother-in-laws residence.

Bard Huntsman- 4025 Prosway SW.  Mr. Huntsman addressed his concerns regarding flat headstones at Richville Cemetery and job postings within the Township.


With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 8:50pm; Seconded by Trustee Capaldi.

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


Lee C. Laubacher, President                                                                      

 Joe Schlegel, Fiscal Officer