Work Session

Perry Township Board of Trustees

Work Session

March 8, 2011 7:00pm

Call to Order/Pledge of Allegiance:

Excused absence:  Charlie Hall, Law Director- arrived at 7:12pm.

Additions/Deletions to Agenda: None.

Public Hearings/Invited Guests:

John Pavel and Bethany Perkowski- Share Stark County Health Department Information and Services

Mr. Pavel and Mrs. Perkowski made a presentation to the Board regarding the Stark County Health Department’s information and services.  The Stark County Health Department is currently working on matching sewer and non-sewer addresses along with sending out pumping reminders to the entire County.

Mrs. Perkowski stated that she has completed Perry Township’s Phase II report and has provided a copy to Mrs. Carrick at the Perry Township Road Department.  In 2010, the Stark County Health Department completed 245 septic system inspections.  Sixteen (16) discharges were identified and fourteen (14) of them have been abated.  The remaining two (2) discharges will be abated this year.  Trustee Capaldi stated that the Township has hired the Stark County Health Department to comply with Phase II NPDES and that is the purpose for the report.

Mr. Masalko stated that Mrs. Perkowski is going to be working with he and Mrs. Carrick on introducing “Clawd” the crayfish into the Perry school system.  Mrs. Perkowski also provides elicit awareness training for the Road Department.


Stark County Commissioner’s Request to Conduct Public Meetings at the Perry Township Hall to Discuss the County Government Finances with Constituents

Trustee Laubacher stated that the Board received a request from the Stark County Commissioners to conduct public meetings at the Township Hall to discuss the County government finances with constituents.  Trustee Capaldi stated that she will be out of town the third Tuesday in May and inquired if this could be a joint meeting on May 24.  The meeting schedule for May will be: Regular Meetings-May 3 and 24 and Work Session- May 10.  There will be no meeting on May 17.  The Board will invite the Commissioners to be present at the May 24, 2011 Regular Meeting.

Trustee Capaldi suggested that the Township discuss the issue of off road flooding with the Commissioners.  Trustee Laubacher stated that off road flooding has been a major problem this year especially in areas where creeks have been clogged with trees and brush.  Trustee Capaldi stated that she has compiled a list of addresses with flooding issues on the common directory and suggested that Miss Dean be the data entry person.  Trustee Chessler stated that off road flooding is one issue and suggested that the Board ask the Department Heads if there are other topics they would like to address.

Public Speaks on items up for Board Approval: None.

Township Business requiring Board Action:

Unfinished Business: None.

New Business:

Trustee Laubacher made a motion to approve bills only in the amount of $64,921.33 for the week ending March 8, 2011; Seconded by Trustee Chessler.

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

Fiscal Officer: 

Trustee Capaldi made a motion to approve the minutes from the March 1, 2011 Regular Meeting minutes; Seconded by Trustee Laubacher.

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


Discuss Concerns of EPA Unfunded Mandates

Administrator Fetzer stated that the Township received correspondence from Heidi Fought from the Ohio Township Association regarding unfunded mandates.  Ms. Fought has suggested that the Township direct letters of concern to Governor Kasich.  Administrator Fetzer stated that she has drafted a letter for the Board’s review.  Mr. Masalko and Mrs. Carrick have provided a separate sheet of information regarding unfunded mandates and costs of implementation to send as an attachment to the letter.  Trustee Capaldi inquired if all unfunded mandates should be included.  Mr. Hall stated that the Board could include the Health District and ADA.  Trustee Capaldi inquired if ADA was Federal.  Mr. Hall stated that was correct but all Federal laws are passed to the State, County and Local government levels.  Trustee Laubacher asked Administrator Fetzer when she needed the responses by.  Administrator Fetzer stated that within the week would be sufficient.

Road Department: None.

TID Grant Update

Mr. Masalko stated that he received an email from Jeff Dotson who informed him that the Road Department scored a 56.5 on the TID Grant.  Mr. Dotson did not inform Mr. Masalko on how everyone else scored.  Keith Bennett, Stark County Engineer, stated that the Township scored higher than their project..  Mr. Masalko stated that he is going to be off on Monday and asked if someone would be willing to attend the TID Grant meeting in his place.  Trustee Laubacher stated that he would attend the meeting on Monday and report back to the Board and Mr. Masalko.


Consider List of Lawn Maintenance Contractors

Mr. Weckbacher asked for the Board’s direction on this year’s lawn maintenance contractors.  Mr. Weckbacher inquired if the Board wanted him to advertise in the news paper again, or if he can continue to use the same list of contractors as last year. Each of the contractors that the Township used previously has expressed an interest in continuing to provide their services again this year.  The rate of pay will remain $40.00 per hour.  Mr. Weckbacher stated that if the Board would like to use the same contractors then he will have each of them fill out another application to make sure each one still has all of the required credentials.  The Board did not feel that it was necessary to advertise in the paper again.  The same list of contractors will be utilized again this year pending the review and approval of their applications by the Law Director.

Administration:  (continued)

Review Tenant Farmer Contract

Trustee Laubacher asked Trustee Chessler if anything in particular stood out after the meeting regarding the tenant farmer contract.  Trustee Chessler stated that the issues are being narrowed down.  The contract has been left with flexibility to be modified as the Board learns from actual experience.  Mr. Hall stated that the Committee has done a great job putting the contract together.  There have been a few changes from the original contract that was presented.  Assuming that Mr. Steigerwald enters the lease, he has asked for additional time before he moves in.  Initially, it was said that once the lease was signed the tenant farmer could move in.  Mr. Hall stated that Mr. Steigerwald would begin the farm services (weather permitting) but the Township is not going to require him to move in to the Fasnacht Farm residence until November 17.  This allows Mr. Steigerwald enough time to take care of his business relative to his current residence and he will be moved in before winter.  Trustee Chessler stated that this also gives Mr. Steigerwald an opportunity to get his first years crops in and out so that he knows what crops he needs to order for 2012. 

Mr. Hall stated that the lease specifically states that by October 30 of each year, the tenant farmer has to meet with the Board to layout his goals and plans for the next year.  In terms of cancellation of the lease, a phrase was added at Mr. Steigerwald’s request that if because of “illness, injury or impossibility of performance” that he could come to the Board and cancel the lease.

Trustee Laubacher inquired where in the contract it states the time frame for when farming is to begin.  Mr. Hall stated that in the first paragraph it states that the lease become effective upon date of execution by the parties.  When the tenant farmer signs the contract he is authorized to begin.  Trustee Capaldi inquired where in the lease it describes the services that the tenant farmer is required to render.  Mr. Hall stated that those specifics are located on page three (3) of the lease.  Trustee Chessler suggested adding “any other tasks directed by the Board,” just in case something comes up later.  Mr. Hall stated that he would add “lawn maintenance, snow/ ice removal” and at the end “any other usual routine and customary maintenance items as determined by the parties.”  Trustee Capaldi suggested some other changes regarding the noting of the “Master Plan.”  Mr. Hall stated that he will make the requested changes and bring the lease in its final form to the Board.  Administrator Fetzer stated that the revised lease will be re-circulated to Mr. Steigerwald.   

Discuss Ohio EPA Permit for Fasnacht Farm Park

Administrator Fetzer stated that in order to begin the first phase at Fasnacht Farm Park the Township will need to consider the proper ingress/ egress.  Keith Bennett and Dave Torrence from the Stark County Engineer’s Office met at the site and determined the proper place and distance for the ingress/ egress.  Administrator Fetzer stated that she and Trustee Laubacher met with Beaver Excavating and Wenger Excavating to obtain quotes. The quote from Wenger Excavating is pending but should be received by Thursday. 

Administrator Fetzer stated that once the tenant farmer is implemented and the produce stand is operating there will be an increase in traffic flow to the park which is why the proper ingress/ egress is important.  The EPA requires the Township to apply and obtain a permit before any land can be disturbed.  The “Notice of Intent” needs to be sent to the EPA and it takes approximately twenty-one (21) days for approval.  The permit fee is $500.00 and will cover all improvements that the Township plans to make at Fasnacht Farm Park.   Once the permit is obtained, that Township will have to submit the “Division Review” application to Stark County Regional Planning which has to be submitted by the 17th of the month for consideration.  Regional Planning will waive the $335.00 application fee upon receiving a letter from the Township requesting that the fee be waived.

Administrator Fetzer stated that the Township will be required to submit an “Erosion, Sediment Control Plan” to Stark Soil & Water Conservation.  Approval of this plan has a thirty (30) day turn around.  Administrator Fetzer asked the Board to consider this proposal so that they can select a quote from one of the contractors if the Board plans to move forward with the aforementioned applications.

Trustee Capaldi inquired if this is absolutely necessary for the tenant farmer project to move forward because she has concerns about spending thousands of dollars when she doesn’t know what the budget is going to be like in the future.  Trustee Chessler stated that the budget should be ready by June.  Trustee Laubacher stated that he is concerned about the Township’s liability of the entrance.  The Township has been advised by the County that it is not a good entrance.  Trustee Capaldi inquired why there has to be a farmer’s market if the funds are not available to do an ingress/ egress.  Trustee Laubacher stated that he is not saying that they have to do the farmer’s market this year but the ingress/ egress needs to be completed.  Trustee Chessler stated that the ingress/ egress is what the “Master Plan” called for and it is not directly related to the farmer’s market.  The ingress/ egress is one of the first things in the sequence that needs to be completed.  Trustee Chessler stated that the price quoted so far is reasonable for the amount of work that is going to be done.  Mr. Hall stated that if an accident would happen until you know the actual facts and circumstances as a general rule there is no liability but it is a question of policy.  When you have the Floyd Brown Group and the Stark County Engineer telling you that you need to approve this it becomes a question of how you are going to respond to the public if somebody gets injured or killed.  Trustee Capaldi stated that when she looks at the hierarchy of expenditures she wonders if the ingress/ egress is the best way to spend Township funds right now.  Administrator Fetzer stated that the tenant farmer was given the impression that he would be authorized to begin establishing a produce stand on site this season. If the produce stands were to be implemented, this could cause a large traffic flow in and out. The Township was told by Dennis Mersky, of the Floyd Brown Group, and the Stark County Engineers that the ingress/ egress needed to be addressed whenever the Township was ready for development.   Trustee Capaldi stated that she did not see the produce stand mentioned in the lease.  Mr. Hall stated that it was not.  Trustee Chessler stated that there is a requirement to submit a plan every year and report programs to Stark Parks.  Administrator Fetzer stated that Mr. Steigerwald has proposed the 2011 implementation of the produce stand within his proposal.  Trustee Capaldi stated that there is nothing contractual about Mr. Steigerwald’s plan.  Mr. Hall stated that it will be incorporated into the lease.  Trustee Chessler stated that he sees the different priorities.  The ingress/ egress is a safety issue and whether or not there is or is not a produce stand it affects the number of cars coming in and out.  If one car gets into an accident and the Board knows that the ingress/ egress needs to be addressed then the Board is sitting on knowledge that the situation could have been improved and it wasn’t because of other priorities.  Trustee Capaldi asked Mr. Shreffler to determine if there were any other safety issues so that all safety issues can be considered before the Township expends funds.

Mr. Schlegel stated that if they do away with the estate tax it will really hurt Perry Township’s budget.  If they do away with local government funds that will cut out over 30% of the Township’s General Fund.  Mr. Schlegel stated that a couple thousand dollars is a drop in the bucket compared to the budget cuts if the State does what they are talking about doing.  This issue will have to be addressed in two (2) years no matter what.  Trustee Laubacher suggested waiting to make a decision until the other quotes are received and then the Board can decided how they would like to proceed.

Fire Department: None.

Police Department: None.

Law Director: None.

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.

Zoning: None.  

Law Director: None.

Announcements: None.

Public Speaks-Open Forum: None.


With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 8:03pm; Seconded by Trustee Capaldi.

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

Lee C. Laubacher, President                                    

 Joe Schlegel, Fiscal Officer