Work Session

Perry Township Board of Trustees

Work Session

April 12, 2011 7:00pm

Call to Order/Pledge of Allegiance:

Excused absence:  Joyce Fetzer

Additions/Deletions to Agenda: None.

Public Hearings/Invited Guests:

Craig Steigerwald, Tenant Farmer Applicant and Nick Morris, Stark Parks Advisory Committee

Trustee Laubacher stated that Mr. Morris is present but Mr. Steigerwald is not.

Communications: 

Public Speaks on items up for Board Approval: None.

Township Business requiring Board Action:

Unfinished Business:

New Business:

Trustee Chessler made a motion to approve bills and payroll in the amount of $204,657.06 for the week ending April 12, 2011; Seconded by Trustee Laubacher.

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

Fiscal Officer: 

Trustee Capaldi made a motion to approve the minutes from the April 5, 2011 Regular Meeting minutes; Seconded by Trustee Laubacher.

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

Administration: 

Consider Tenant Farmer Lease Revisions and MOU of Nick Morris, Stark Parks

Mr. Morris stated that he had two (2) goals for this meeting.  First, to discuss the tenant farmer lease revisions and second to discuss the “Memorandum of Understanding” between Perry Township and Stark County Park District related to the facilitation of programming and operations at the Fasnacht Family Park.

Trustee Capaldi inquired why Mr. Steigerwald was not present.  Mr. Morris stated that he received a phone call from Mr. Steigerwald who wished to withdraw from the project.  Trustee Capaldi inquired why Mr. Steigerwald withdrew.  Mr. Morris stated that he was not sure but would like to continue with the lease to discuss the issues that Mr. Steigerwald had addressed so that they can continue to move forward with a potential alternate.

Trustee Capaldi inquired what the process would be at this point since the Township has already advertised and ranked the applicants.  Mr. Hall stated that the Board has two (2) options; The Board could go to the next ranked applicant and begin negotiations or cancel it all and start from scratch.  Mr. Hall suggested that the best course would be to look at the next two (2) applicants and see if there is something that is compatible with the Board’s goals.  Trustee Capaldi stated that if the Board does not discuss the next step of actual people then time will run out.  Mr. Morris stated that he has two (2) different directions but is willing to move forward however the Board would like to.  The first would be to address the issues that were brought up about the proposed lease that would apply in any circumstance and be firm with what the Township and Park District is looking for with this project.  Another option would be to pull this aside and deal with the people side first and go through the process the same as before where the people and their skills/ interests determine what is in the lease.  Mr. Morris stated that he prefers that Township and Park District be firm on what the project goals are and how it relates to a lease. 

Trustee Laubacher stated that the man and woman interested wanted to have four legged animals. Mr. Morris’s idea will allow the Board to show what they do and do not want through the language in the lease.  Trustee Capaldi stated that she understood and would like to move forward.

Mr. Morris stated that the Board received a memorandum with the five (5) issues that were brought up by Mr. Steigerwald.  Several of which were only applicable to Mr. Steigerwald.  The first issue was when the tenant farmer was expected to pay rent.  As the lease is drafted now, the tenant farmer is expected to pay rent as soon as the lease is signed and not when they take occupancy of the home.  Trustee Capaldi stated that the rent is in one number.  Therefore, the number either needs to be broken down into two separate numbers or there needs to be an understanding that the entire property is being rented.  Trustee Capaldi inquired if the rent was for the entire property.  Trustee Laubacher stated that it was not.  Mr. Morris explained that the rent is for the occupancy of the house.  Trustee Capaldi inquired if the tenant farmer is getting access to the property for nothing.  Mr. Morris stated that the tenant farmer is getting access to the property for paying the Township from income brought in from farming the land.  Trustee Capaldi inquired if it explains in the lease anywhere that the rent is strictly for the occupancy of the home.  Mr. Hall stated that as the lease reads now the rent would be $800.00 commencing with the start of the lease or as soon as they take occupancy and possession of the property.  Trustee Capaldi inquired about additional compensation.  Mr. Hall stated one percent (1%) commencing September 30 depending on income.  Trustee Capaldi stated that the wording and interpretation may need to be changed to bifurcate the rent.  Mr. Morris inquired if the Board wanted the rent to commence upon occupancy or signing of the lease.  Trustee Capaldi stated that the project is for a “tenant farmer” which means that they live in the house so any time outside of house should be limited.  Otherwise it’s not a tenant farmer.

Trustee Chessler explained that originally Mr. Steigerwald was going to take occupancy when this season came along.  Mr. Steigerwald is the one who deviated from that plan.  Trustee Capaldi stated that this is a tenant farmer agreement so the rent should be due when the lease is signed whether they take occupancy right away or not.  Mr. Morris clarified that the Board’s desire was to keep the language how it is currently in that when the lease is signed they begin payment of rent associated with the house and land.  Trustee Chessler suggested giving the proposed lease to the next potential tenant farmer as a start and see where it goes from there.  The Committee worked hard to get all the terms of the lease in place.  All of the items that are particular to the person may be modified but all of the elements of the lease are there.  Mr. Morris inquired if the rent needed to be bifurcated.  Trustee Capaldi stated that it will depend on the person.  Mr. Hall stated that the fair market value was set at $800.00.  The lease agreement reduces the fair market value by fifty percent (50%) making the rent $400.00.  Then there is another component where the tenant farmer can earn credits by performing additional labors that are not directly related.  Mr. Morris stated that this matter will be left as is in the lease.

Mr. Morris stated that another matter brought up was whether or not the Township was responsible for providing access to reasonable equipment for the grounds and building maintenance.  The Township is asking the tenant farmer to do the ground and building maintenance and will earn credits toward their rent for that.  Mr. Morris inquired if the Township will provide the equipment that will allow the tenant farmer to fulfill those obligations.  Trustee Capaldi stated that the Board would need to establish which areas need mowed to determine the type of equipment and time that would be needed to provide the required maintenance.  Mr. Morris stated that the mowing could be cut in half by just revising the plan.  Mr. Morris suggested that the park staff mow the Fasnacht property and take that option out of the lease.  Another option would be to only require the tenant farmer to mow the quarter acre around the house.  Trustee Capaldi suggested that the Board look at this matter as a Township to determine if unnecessary time and money are being spent.  Once there is a better understanding, it can be written into the contract to say that only the area surrounding the house needs to be mowed.  The remaining property will be maintained as natural habitat.

Mr. Steigerwald had inquired if he needed to have written authorization to have his girlfriend stay at the house.  Mr. Morris stated that he believed that to be a personal issue.  Trustee Chessler stated that you can’t discriminate against family.  The Board can determine whether or not the tenant farmer is married or has children and then they can grant occupancy to those people.  Additional people could be added upon request and approval.  Mr. Morris stated that Mr. Steigerwald had requested to sell musical instruments from his home.  Trustee Chessler stated that the Board would have to grant written permission.  Mr. Hall stated that under zoning a home occupation permit would be required.  Mr. Morris stated that the only other question was regarding the unconditional release from the contract.  Mr. Morris stated that he felt that section was as clear and did not feel a change was necessary.

Mr. Morris reviewed the “Memorandum of Understanding” (MOU) between Perry Township and Stark County Park District.  As it stands, the responsibility of Mr. Morris or the Fasnacht Farm Park Coordinator would be to facilitate the leadership development of the community gardens, public programming and experiences of the farm through planning, scheduling, marketing and preservation.  The programming structure of Stark County Park District will be used to facilitate programs at the Fasnacht Farm Park.  There will be a meeting in the fall of each year with the tenant farmer to develop an operation and education plan for the following season as per the lease.  Also, there will be a monthly meeting with the tenant farmer to update operating/ education plans to submit quarterly updates to the Trustees.  Trustee Capaldi inquired when the MOU goes into effect.  Mr. Morris stated that the best case scenario would be that the MOU go into effect when there is a tenant farmer in place.  Currently, the MOU states that after a five (5) year period the MOU will be reviewed so that if adjustments are needed they can be discussed at that time.  Trustee Chessler stated that he did not see a problem with getting the MOU approved with a resolution now.  Mr. Morris stated that he will get a clean copy emailed to the Township.  Trustee Capaldi stated that it can be placed on the agenda when the Board receives a copy in their boxes. 

The last matter would be to set up a time to review the other applicants.  Mr. Morris stated that he personally believed that there was only one other application that was worth reviewing and considering.  Though it was a good proposal, it did not demonstrate experience with this type of work.  This applicant also showed an interest in poultry and those types of things.  The proposal also addressed the inclusion of “dexter cattle” which are miniature cows.  Mr. Morris stated that they only thing that was objected to when discussing this plan with the public was the mention of livestock.  It’s clear that the community wants to see a farm but they do not want to smell a farm.  Mr. Morris stated that the next application is definitely worth reviewing and possibly moving forward.

The Board thanked Mr. Morris for attending the meeting.  Mr. Morris stated that he would follow up with Administrator Fetzer and Advisory Committee.

Discussion of Friends of Perry Park

Trustee Capaldi stated that the Board previously discussed the parks and funding issues.  There is a serious matter and the Board wouldn’t be kidding themselves by saying that the Township might not have parks depending what happens with the budget in July.  Mr. Schlegel stated that is absolutely right.  Trustee Capaldi stated that the parks are completely funded out of the general fund.  The Township has done a great job with seeking grants but it takes time and money.  Stark Parks has “Friends of Stark Parks” where you can become a volunteer to pull weeds and raise funds for the parks.  Trustee Capaldi suggested forming a committee appointed by the Board of Trustees to be the “Friends of Perry Park.”  This would be a formal committee with members from each youth sporting group, community members to help garnish support and funds for the parks.  Donations to the Township are tax deductible.  Mr. Hall suggested that they work with Administrator Fetzer to pattern the committee after Stark Park’s program.

Mr. Schlegel stated that if the State cuts local government funds, the Township is going to lose$184,189.50 just in receipts.  The Township only brings in $650,000.00 so the loss of local government funds is a twenty-eight percent (28%) decrease to the general fund.  The Township use to have inheritance taxes come in and cover most expenses.  Mr. Schlegel stated that the Township needs approximately $250,000.00 to $300,000.00 in inheritance tax just to break even.  The Township has been lucky and able to do that so far.  If you take the inheritance tax, the Township would average $400,000.00- $450,000.00.  One year the Township received one million dollars.  If you take that one year out the Township only averages $260,000.00.  Trustee Capaldi stated that pays for the parks.  Mr. Schlegel stated that pays for parks, general fund, everything.  That’s another $260,000.00 that the Township is going to lose.  If you put those two numbers together the Township is going to lose $450,000.00.  Mr. Schlegel stated that the State of Ohio came out and said that there is an eight million dollar deficit and they are just passing the buck to the cities, counties and townships.  Everyone is having the same problems.  Trustee Capaldi stated that the State of Ohio collects those taxes on the Township’s behalf.  It is the State’s obligation to share that money with local governments and they are not doing that.  Mr. Schlegel stated that depending on how bad the budget cuts are the Township should be able to get through the next year but the Board is going to have to come up with some kind of funding mechanism.  Trustee Laubacher inquired how this could be done.  Mr. Schlegel stated that there is only one way which is through the taxpayers.  Trustee Laubacher inquired if recycling would be cut.  Mr. Schlegel stated that everything would get cut.  The Township would not even be able to cut grass because there would be no employees to do so.  Trustee Capaldi stated that if the Board can create the “Friends of Perry Park” and the budget cuts happen then there is a team assembled that could take over as volunteers or do whatever.  Mr. Schlegel stated that the Board is going to have to come up with $400,000.00- $450,000.00 a year to continue to be where the Township is now.  Between the loss of the estate tax and local government funds the Township is losing approximately $400,000.00- $450,000.00.  Mr. Schlegel stated that he is not telling the Board to go out and pass a levy but the general fund will be in serious financial troubles by 2013.  Trustee Capaldi stated that all of the other departments are fine but parks and recycling comes out of the general fund.  Mr. Schlegel stated that parks and recycling have always been free to the residents of Perry Township.  Trustee Capaldi stated that she would not vote to place a levy on the ballot unless the residents were asking for it.  Mr. Schlegel stated that in his mind unless the Board tells him otherwise then that is the only option the Township has.

Mr. Schlegel brought up the issue of unfunded mandates given to the Township.  Trustee Capaldi stated that unfunded mandates was discussed at the Stark County Township Association meeting and the three (3) legislators in attendance encouraged the Township’s to compile lists of unfunded mandates because they would like to try and fix some of those issues along the way.  Mr. Schlegel stated that there is a rumor that the estate tax might be taken off and put on the slow track.  Even then the Township is still going to be down $180,000.00. Trustee Capaldi stated that Legislator Okey is saying that the State of Ohio is trying to take all of the political subdivisions and “pop them like a pimple.”  The trend is to wash away local government and only have county level.

Trustee Capaldi asked her fellow Board Members how they felt about forming a committee for “Friends of Perry Parks.”  Trustee Chessler stated that he thinks it is a good idea.  Trustee Capaldi asked Mr. Haines what he thought of this idea.  Mr. Haines stated that he agreed whole heartedly.  The sporting organizations already do a lot for Perry Parks and there are a lot of young retired residents that volunteer.

Doug Haines/ Concerns of Meredith Park

Mr. Haines stated that the current soccer session has had over five hundred (500) kids register.  Documents were distributed to the Board to illustrate the usage of soccer fields for practices and games at Meredith Park.  Mr. Haines explained the problem with over crowding at the soccer fields due to the growing interest of the Perry Youth Soccer program.  At times there are two (2) coaches trying to hold practices at the same field.  There is also one (1) soccer field that is utilized at St. Joan of Arc.  Trustee Chessler inquired what season soccer takes place.  Mr. Haines stated that there are fall and spring soccer sessions.  Trustee Capaldi stated that there was a proposal for a second baseball field at Meredith Park but that never happened.  Mr. Haines stated that he has a good working relationship with Regis Perry and Perry Youth Soccer and Perry Baseball/ Softball try to work together as best as they possibly can for the amount of space that there is at Meredith Park.  Trustee Chessler stated that before the Board makes any decisions he would like to get Mr. Perry involved to see what he has to say regarding this matter. 

Mr. Haines stated that he has had a discussion with the Athletic Director of Perry Local Schools regarding Reedurban Elementary School and he indicated that they might put tennis courts there.   There is already one baseball field at Reedurban School and Mr. Haines was hoping that they could move the baseball field from Meredith there.  This would make more room at Meredith Park to accommodate soccer fields.  Trustee Capaldi stated that she thought that Perry Local Schools wanted to give the Township the Reedurban School property.  Trustee Laubacher stated that the Township can not afford to fix the tennis courts so the schools were going to take them over to refurbish them.  Once Reedurban School is torn down, it is the Township’s duty to mow and maintain it.  Trustee Laubacher stated that Dr. Richard, Perry Locals Schools Superintendent indicated that it would be too far to move the tennis courts to Reedurban School.  Trustee Capaldi stated that the schools were going to take care of the tennis courts in exchange for the Township maintaining the Reedurban School property. 

Mr. Haines stated that Perry Local Schools also owns a piece of land south of the railroad tracks that has enough room with minimal excavation that could be used for soccer fields.  Trustee Capaldi inquired if that was the property that they purchased for the new school.  Mr. Haines stated that was correct and this is not something that could happen right away but it is an idea that could accomplish something.  Trustee Chessler suggested that there be a meeting with both baseball and soccer organizations.  Mr. Haines stated that he would appreciate the Board keeping Perry Youth Soccer in mind because they are facing challenges.  Perry Youth Soccer wants to keep Perry Parks and Perry Youth Sports going strong.

Perry Park System Slide Show Presentation

Trustee Laubacher explained the slide show that was distributed to the Board regarding the “Perry Park System” presentation.  Trustee Capaldi stated that the Township is formally going to give a presentation to Perry Township Rotary requesting funding through their “Turkey Trot” money.  A presentation was put together regarding the needs at Summerdale Park.  Administrator Fetzer will be giving the presentation to Perry Township Rotary on Wednesday evening.

Fire Department: None.

Police Department: None.

Road Department: None.

Law Director: None.

Zoning: None.

Parks: 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 POW collective bargaining matters to include to the Board, Fiscal Officer and Law Director; Seconded by Trustee Chessler.

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

The Board adjourned into Executive Session at: 8:21pm

The Board adjourned from Executive Session at: 8:31pm

Department Matters Not Requiring Board Action:

Administration: None.

Fire Department: None.

Parks/Recycling: None.

Police Department:

Submit Year End Stats

Road Department: None.

Zoning:                

Law Director: None.

Announcements:

1)            Project Perry Pride- April 16, 2011 at 9:00am to 1:00pm- Information and forms available at          www.perrylocal.org or quick link from www.perrytwp.com, or at the Township Administration           Office.

2)            Stark County Commissioners will conduct a public meeting at the Perry Township Hall on June    15, 2011 at 6:00pm to answer questions and concerns of the general public.              

3)            Safe Kids Day- May 21, 2011 from 11:00am until 2:00pm at the Exploration Gateway- Sippo .

4)            May Township Trustees meeting schedule- May 3 and May 24 Regular Meetings and May 10      Work Session.

5)            Perry Township hosting SCTA meeting on Thursday, May 19, 2011 at 6:30pm at the Perry              Township Police Department Community Room.

Public Speaks-Open Forum:

Adjournment:

With nothing further to come before the Board, Trustee Capaldi made a motion to adjourn the meeting at 8:31pm; Seconded by Trustee Chessler.

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

Lee C. Laubacher, President                                      

 Joe Schlegel, Fiscal Officer