Perry Township Board of Trustees

Work Session

September 14, 2010 7:00pm

The Board has previously reserved the right to take action at this meeting

Call to Order/Pledge of Allegiance:

Excused absence:  None.

Additions/Deletions to Agenda:

Trustee Capaldi made a motion to add the discussion of the Township credit card limit under the Fiscal Officer; Seconded by Trustee Laubacher.

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

Trustee Capaldi made a motion to add an item of communication regarding an email from Mr. Anderson; Seconded by Trustee Chessler.

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

Public Hearings/Invited Guests:

Communications: 

Trustee Capaldi stated that the Board received an email from Mr. Anderson regarding items that are in the road right of way at Klick St. and Fairgrove.  The Road Superintendent, Police Chief and Fire Chief have all been out to assess the complaint and the proper notification has been given.

Public Speaks on items up for Board Approval:

Tricyn Huntsman- 4325 Kemary St.  Ms. Huntsman addressed the email from Mr. Anderson and stated that the junk was taken care of.  Ms. Huntsman stated that the parking situation was addressed as well and they have written permission from the gas company to park in that area.  Trustee Capaldi stated that when the Board of Trustees receives a complaint they look at it for legitimacy and move forward with the items that they have some control over.  The Township is aware that the Huntsman’s were granted permission to park in that area by the gas company and all other issues were resolved.

Township Business requiring Board Action:

Unfinished Business:

New Business:

Trustee Capaldi made a motion to approve bills in the amount of $175,881.37 for the week ending September 14, 2010; Seconded by Trustee Chessler.

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

Fiscal Officer:

Township Credit Card Limit

Mr. Schlegel stated that today the Department Heads were using the Township credit card to purchase various items and one of them got denied because the credit limit was only $2,000.00.  Mr. Schlegel stated that he would feel comfortable raising the credit limit up to $3,000.00 so that this situation does not happen again.

Trustee Chessler made a motion that the Board authorize the Fiscal Officer to take the steps necessary to increase the spending limit on the one (1) Township credit card from $2,000.00 to $3,000.00; Seconded by Trustee Laubacher.

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

Trustee Capaldi made a motion to approve the minutes from the September 7, 2010 Regular Meeting minutes; Seconded by Trustee Chessler.

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

Administration: 

Consider Adoption of FMLA Policy

Administrator Fetzer stated that in January 2009 the United States Department of Labor mandated that all Township employees must receive an “Employee Rights and Responsibilities” statement, section 109.  Each employee must provide signature that they have received this document from their employer.  This statement covers; military leave, benefits and protection, eligibility requirements, definitions, use of leave, employer responsibility and enforcement.  Administrator Fetzer stated that all Township employees will be provided with a copy of the FMLA policy attached to the FMLA statement of “Employee Rights and Responsibilities” upon signature.

Trustee Capaldi made a motion that Perry Township adopt the “Family Medical Leave” Act Policy which would be section 7.11 in the employee handbook; Trustee Chessler.

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

Fire Department:

Consider the Resignation of Part-time Fire Fighter/ EMT-B Taylor Offenberger

Trustee Capaldi made a motion that the Board accept the resignation of part-time fire fighter/ EMT- B Taylor Offenberger effective September 10, 2010; Seconded by Trustee Chessler.

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

Consider Accepting the Ambulance Re-Mount Bid of $80,628.00 from Pfund Superior Sales

Chief Martin stated that he and Mr. Hall have reviewed the bids for the ambulance re-mount and they recommend that the Board award the bid to Pfund Superior Sales in the amount of $80,628.00.

Trustee Capaldi made a motion that the Board accept the bid of $80,628.00 from Pfund Superior Sales for the re-mount of Medic 5; Seconded by Trustee Chessler.

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

Police Department: None.

Road Department:

Consider Fence Quote for Road Department

Mr. Masalko stated that he provided the Board with a memorandum regarding the replacement of the fencing around the Road Department.  Three (3) quotes were obtained from; Hercules Fence, Lawn Works and Southway Fence.  Mr. Masalko recommended Lawn Works who had the lowest quote at $12,500.00.  Trustee Capaldi asked Mr. Masalko to explain why the fence needs replaced.  Mr. Masalko stated that only three (3) sides are being replaced and that the back will have to wait until next year due to budget constraints.  Trustee Chessler inquired if there are any requirements by the EPA or NPDES to have fencing.  Mr. Masalko stated that there were no requirements that he knew of.  Trustee Laubacher inquired if any of the old material could be re-used.  Mr. Masalko stated that the fencing that is currently there is ragged and has probably been there for forty (40) years.  Trustee Capaldi inquired if fencing was in the Road Department’s budget this year.  Mr. Masalko stated that it was in the budget.

Trustee Capaldi made a motion that the Board enter into an agreement with Lawn Works- Lawn & Landscape for $12,500.00 for the replacement of fencing at the Road Department; Seconded by Trustee Chessler.

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

Law Director: None.

Zoning:

Hearings Regarding Re-Occurring Zoning Violations

A.) 218 Bernower Avenue SW, Massillon- Parcel #43-09309

Mr. Weckbacher stated that he has been going back and forth with the owner of 218 Bernower Avenue SW regarding the maintenance of the property.  Mr. Slingluff has provided an email to the Township explaining what it is that he is planning to do.  Mr. Weckbacher stated that under the Perry Township maintenance code Mr. Slingluff needs to complete the following: repair any siding that is missing, trim all wood surfaces, repair all doors and maintain the yard.

Trustee Capaldi asked Mr. Weckbacher to explain the notifications that have been given to the owner and the lack of compliance up until this point.  Mr. Weckbacher stated that he has sent numerous letters requesting that the property be maintained as required by the residential maintenance code.  Mr. Slingluff would complete the work after letters were sent but this is an ongoing problem.

Trustee Capaldi asked Mr. Hall to explain the Township’s legal obligation so that the Board and the owner of the properties fully understand.  Mr. Hall stated that the Board can explain to Mr. Slingluff what needs to be done and he can enter into an agreement with the Board to bring his property to compliance within a set period of time.  If not the Board can authorize Mr. Hall to take enforcement action to the court to obtain a court order compelling the property owner to do those things.  Also, under the residential property maintenance code to seek sanctions or penalties; $500.00 for the first offense and it progressively increases.  Mr. Hall stated that the Board prefers that the property owner do the repairs and bring the property into compliance rather than seeking financial sanctions.

Mr. Slingluff addressed the Board and stated that he plans to have all repairs and have the property in compliance within the next three (3) months.  Trustee Capaldi inquired if Mr. Slingluff sent an email to Mr. Weckbacher explaining the process.  Mr. Slingluff stated that he did send an email explaining his situation and intentions to have the property cleaned up.  Mr. Hall stated that Mr. Weckbacher submitted to the Board several pictures of Mr. Slingluff’s property and there are three (3) significant concerns.

1.  There have been complaints of raccoons and rodents going in and out of the residence.

2.  The residence either needs painted or re-sided.

3.  The shutters need replaced.

 

Trustee Chessler inquired if Mr. Slingluff received a letter from Perry Township Zoning on July 20, 2010 regarding the residential maintenance of 218 Bernower.  Mr. Slingluff stated that he did receive the letter.  Trustee Chessler stated that the Board is not just addressing the maintenance of the lawn but they are addressing the poor, disregard for the entire property and the poor disregard for what the neighbors have had to put up with.  Trustee Chessler stated that he does not feel inclined to do anything except ask Mr. Hall to take the most severe enforcement measures right now and then if Mr. Slingluff shows good faith the Township can always back off.  Mr. Slingluff assured the Board that he would have the maintenance of the residence completed within the next three (3) months.  Trustee Laubacher inquired how the Township could hold Mr. Slingluff accountable to having the maintenance of the residence completed in three (3) months.  Mr. Hall stated that Mr. Slingluff could enter into an agreement with the Township to have certain things accomplished by a day certain.  If he is not then in compliance the Township can impose liquidated damages, which is provided both in the Township Zoning Resolution and in the Property Maintenance Code.  Trustee Chessler suggested that Mr. Hall, Mr. Slingluff and Mr. Weckbacher detail items that have to be accomplished within a certain small number of days.  Trustee Capaldi suggested that if there is a financial issue and siding is too expensive to complete at this time that scraping and painting would improve the exterior maintenance of the home at a minimal cost.  Mr. Slingluff stated that he is planning on siding the home and that it will be done within the next thirty (30) days.  Mr. Hall asked the Board to make a motion authorizing him to take enforcement action and have the discretion to hold that off pending an agreement with Mr. Slingluff.

 

Trustee Chessler made a motion that the Board authorize the Law Director to take whatever enforcement action necessary via either through voluntary agreement with the property owner of the property at 218 Bernower Avenue SW, Perry Township, Ohio or by taking whatever steps necessary through legal means to enforce and comply with the zoning code to the fullest extent; Seconded by Trustee Laubacher.

 

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

B.) 4728 12th St. NW, Canton, Ohio- Parcel #43-04273

Mr. Weckbacher stated that the main violation at 4728 12th St. NW is grass cutting.  Mr. Pruesser (neighbor) came to a meeting several weeks ago complaining.  Mr. Weckbacher stated that he hand delivered this letter to the homeowner.  The homeowner responded back to Mr. Weckbacher with a letter last Friday because he was unable to make it to this meeting.  Attached to the letter was a letter that the homeowner sent to the tenants stating that if the grass was not cut he would take the lawn maintenance over.  Mr. Weckbacher stated that he was not sure if that would be an adequate response for the Board.  Mr. Weckbacher stated that he could watch over the property and show the letter from the homeowner to Mr. Pruesser.  Mr. Weckbacher stated that when he went by this property today the backyard was all cut but the front yard is going to need cut within the next couple of days. 

Trustee Chessler stated that he would like to state the difference between this case and the previous case.  Number one, this case primarily involves lawn maintenance.  Number two, this is a land lord or property owner who has responded immediately in a reasonable fashion and has provided evidence to the Board of his efforts to make sure that his tenant is in compliance.  Trustee Chessler stated that he is more inclined to go along with Mr. Weckbacher’s suggestion of monitoring the property without further enforcement action.  This case will be revisited quickly if efforts change. 

Parks: None.

Executive Session(s):  None.

Department Matters Not Requiring Board Action:

Administration: None.

Fire Department: None.

Parks/Recycling: None.

Police Department:

August Monthly Activity Reports

Road Department: None.

Law Director: None.

Announcements:

A) Ohio Division of Liquor Control- Requesting new license request- DBA Romeos Pizza Franchisee- 5139 Tuscarawas, Perry Twp, Massillon, Ohio 44646 to: Inquiries refer to B-New 8919625- Responses must be postmarked no later than October 8, 2010.

B) Ohio Division of Liquor Control- Requesting license request- DBA First Floor and Patio 3333 Lincoln Way E., Perry Twp, Massillon, Ohio 44646 to: Inquiries refer to B-STCK 8917260-0005- Responses must be postmarked o later than October 4, 2010.

C) Trick or Treat in Perry Township- Sunday October 31, 2010 from 3:00pm to 5:00pm.

D) National Fire Prevention Week- October 3 through October 9.

Administration:

Consider Tennis Court Improvements

Trustee Capaldi stated that she would like the Board to discuss all of the Township tennis courts.  Trustee Capaldi stated that she was able to look at the tennis courts near Central Catholic High School and they are not as bad as the courts by Perry High School.  Perry Park’s tennis courts were resurfaced not that long ago.  Administrator Fetzer stated that she viewed Perry Park’s tennis courts during the walk through and they are in really good shape.  Trustee Capaldi suggested coming up with a maintenance schedule for all tennis courts so that the Township can plan for improvements.

Administrator Fetzer stated that Barry Mason from Perry Local Schools contacted the Township last week via email and indicated concerns regarding the condition and maintenance of the tennis courts.  Mr. Mason inquired if the Township would be interested in a joint venture regarding the costs.  Mr. Mason recently talked with Vasco who quotes $3,000.00 to fill in the cracked areas only and $14,000 to fill in the cracks, repaint the white lines and large green areas.  The cost to make all improvements would be $102,000.00-$120,000.00 and that is just for the resurfacing.  Administrator Fetzer stated that she and Trustee Laubacher observed the courts and there are a lot of drainage issues at the courts as well.  The estimates given did not include drainage.  Trustee Laubacher stated that if the Township is going to take on this project something should be done with regard to the drainage.  Also, the northern court should be completely torn out and replaced. 

Trustee Chessler inquired if it would be a good expenditure of money to hire a professional and determine the nature and extent of whatever drainage problems there may be and to evaluate the approximate cost of resurfacing.  Trustee Capaldi stated that if the Township is going to bring someone in to look at the tennis courts by Perry High School then she would like that same person to look at the other tennis courts as well so that a maintenance schedule could be developed.  Trustee Laubacher stated that he agreed that hiring a professional is a good idea.  Trustee Chessler stated that after a price can be provided splitting the cost with the school may not be so bad.  Trustee Capaldi stated that the schools may be able to provide companies who perform this type of work.  Administrator Fetzer inquired if the Board would like to reconvene on this matter at the October work session once further information can be provided.  Trustee Laubacher stated yes.  Trustee Chessler stated that he would like this information to be provided before the budget hearing in December.

Public Speaks-Open Forum:

Jim Shepherd- 227 Bernower Ave. SW.  Mr. Shepherd thanked the Board for taking action against 218 Bernower Ave. SW.  Mr. Hall stated that he will “cc” Mr. Shepherd on future updates.

Theresa White- 220 Bernower Ave. SW.  Ms. White requested that Mr. Slingluff not put poison in the residence at 218 Bernower to get rid of the animals.

Wilbur Nesbit- 1413 Miles Ave. SW.  Mr. Nesbit explained that he has several issues with the neighbor on the north side of his residence.  Mr. Nesbit stated that the Police Department has been called on several occasions but he has been dissatisfied with the result.  Trustee Chessler inquired what it is Mr. Nesbit would like the Board to do in order to help him with this matter.  Mr. Nesbit stated that he is not sure.  Trustee Capaldi stated that there is not much that the Board can do but suggested that Mr. Nesbit work with Chief Pomesky to help mediate the situation.

Adjournment:

With nothing further to come before the Board, Trustee Capaldi made a motion to adjourn the meeting at 8:13pm; Seconded by Trustee Chessler.

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

Anna M. Capaldi, President                                       

 Joe Schlegel, Fiscal Officer