Regular Meeting
Regular Meetings
The Perry Township Board of Trustees meets in Regular Meeting format on the first and third Tuesday of every month at 7:00 PM.
The meetings are held at the Township Hall located at
3111 Hilton Street NW
in Massillon. Regular Meetings include reports by Department Heads, the Law Director, and the Township Administrator. The public is welcome to offer comments during the Public Speaks portion of the agenda on township related matters.
Perry Township Board of Trustees
Regular Meeting
September 1, 2015 7:00 pm
Call to Order/ Pledge of Allegiance:
Excused absence:
Additions/Deletions to Agenda:
Public Hearings/Invited Guests:
Communications:
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business: None.
New Business:
Trustee Chessler made a motion to approve bills and payroll in the amount of $305,761.92 for the week ending August 25, 2015 and bills in the amount of $17,165.73 for the week ending September 1, 2015 for a combined total of $322,927.65; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Fiscal Officer:
Administration:
Fire Department:
Consider to Hire: Seasonal PT Employee, Justin Burns
Trustee Chessler stated that the Board has received a memo from the Fire Chief dated August 28, 2015 outlining the terms of the post hire for the Fire Department, Justin Burns, as a grounds maintenance seasonal employee. The proposed rate of compensation is $12.00 per hour with the usual hourly limitation imposed, not to exceed 1,500 hours per year and he will be afforded all benefits eligible to seasonal employees. Trustee Chessler indicated that Chief Martin has noted that we are in need of an individual to conduct ground maintenance duties that are regularly done since the previous seasonal employee has found other employment. Trustee Chessler added that Chief Martin has also noted that Justin worked for the Parks department this past summer as a seasonal employee.
Chief Martin indicated that this will fill the need for approximately ten (10) weeks once the grass starts growing again.
Trustee Chessler made a motion that based on the Chief’s requested information that the Board hire Justin Burns as a seasonal employee and be compensated at $12.00 per hour with hours not to exceed 1,500 hours per year and afforded all benefits eligible to seasonal employees; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Police Department:
Consider to Hire: Nathanial Huston and Carl Johnson, FT Police Officers
Trustee Chessler stated that the Police Chief has submitted the names of two (2) township hires tonight and added that with these would like to handle the motion first and then invite them to come up and take the oath.
Trustee Chessler stated that he would like to note that Mr. Huston currently serves as a 1st Lieutenant in the Army National Guard and thanked him for his service.
Police Chief Pomesky stated that the Police Department is requesting the Board’s approval of the hire of Nathanial Huston as a full time police officer for Perry Township. Again stating that Mr. Huston currently serves as a 1st Lieutenant in the Army National Guard and adding that he is a graduate from Cedarville University with a Bachelor’s Degree in Criminal Justice. Chief Pomesky indicated that along with the background investigation on this individual, everybody that we talked to had something positive to say about him. Chief Pomesky stated that we are proud to be able to bring him forward for the Board’s consideration this evening and added that as part of the process, Mr. Huston will be entitled to a uniform allowance in the amount of $1,000.00 per year with a starting salary of $18.36 per hour.
Trustee Chessler stated that based on that makes a motion that the Board address, prior to the administration of the oath, the hire of Nathanial Huston as a Perry Township Police Officer at a rate of compensation of $18.36 per hour, also allowing a uniform allowance in the amount of $1,000.00 per year and all the other benefits that those officers are entitled to by the Collective Bargaining Agreement; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Police Chief Pomesky stated that the Police Department is requesting the Board’s approval of the hire of Carl Johnson as a full time police officer for Perry Township. Chief Pomesky stated that Mr. Johnson is a graduate of Glen Oak High School and added that upon completing the required training to become a police officer, he has worked several years as a Stark County Park Ranger. Chief Pomesky stated that Mr. Johnson brings forward numerous instructor certificates that will assist our department and move us in a positive direction. He is viewed very positively among his peers and has had nothing but positive references from everybody that we have spoken to. Chief Pomesky stated that Mr. Johnson will be entitled similarly to a uniform allowance in the amount of $1,000.00 per year and a starting pay rate of $18.36 per hour and the terms of the patrol officers and detective’s contract. Chief Pomesky stated that Mr. Johnson has well passed all of the pre-employment requirements and added that he would like to recommend him to bring him on board with our team.
Trustee Chessler made a motion based on the Chief’s outline that the Board hire Carl Johnson as a Perry Township police office and the start date will be effective September 18, 2015 at a rate of pay of $18.36 per hour, with a uniform allowance of $1,000.00 per year and all of the other benefits entitled to patrol officers per our existing collective bargaining agreement; Seconded by Trustee Laubacher.
Trustee Laubacher stated that we will have to make sure we show him through Perry High School. Chief Pomesky confirmed that request.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Trustee Chessler stated that he will note with Nathaniel Huston, per Chief Pomesky’s memo, the effective date of hire will be September 3, 2015.
Trustee Chessler invited Nathanial Huston and Carl Johnson to please come forward and proceeded to administer the oath individually to each officer and asked them for their signatures. The Board extended their congratulations to both newly hired Perry Township police officers.
Trustee Laubacher verified of Chief Pomesky that each of these newly hired police officers would not initially be out in the patrol cars by themselves. Chief Pomesky confirmed that they would not start out by themselves and added that there will be a training period; indicating that generally it takes sixty (60) working days to get them into the capacity where they could handle on-shift calls on their own. Chief Pomesky stated that even after that, we do shadow them quite frequently to make sure that everything is going smoothly for them.
Road and Park Department:
Consider Quotes for 2015 Striping of Various Township Roads
Trustee Chessler stated that the next item on our Agenda is to consider quotes for 2015 striping of various township roads that have been submitted. Trustee Chessler indicated that our Road Superintendent has provided a cover memo and the supporting documentation, spreadsheet information that we have received from four (4) prospective vendors.
- · American Roadway Logistics $22,831.44
- · J.D. Striping & Service $24,772.00
- · A & A Safety $30,079.30
- · Oglesby Construction, Inc. $34,950.92
Trustee Chessler verified of Road Superintendent Masalko if each of these vendors were quoting the same services. Mr. Masalko stated that was correct. Trustee Chessler also verified of Road Superintendent Masalko that he had reviewed and evaluated those and would be prepared to make a recommendation. Mr. Masalko stated that was correct and indicated that his recommendation is American Roadway Logistics in the amount of $22,831.44.
Trustee Chessler inquired if there was a time frame from starting to completion. Mr. Masalko indicated that we will send a letter of receipt tomorrow and added that they request this be done by the end of the month.
Trustee Chessler made a motion that the Board adopt and approve the contract with American Roadway Logistics as they have outlined in the proposal for the cost not to exceed $22,831.44; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Law Director: None.
Zoning: None.
Parks/Recycling: None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department:
Road Department: None.
Zoning: None.
Law Director: None.
Upcoming Events:
~2nd Annual Perry Community Parade and Oktoberfest – Saturday, September 12, 2015; Parade beginning at 11:00 am and Oktoberfest from Noon to 8:00 pm at Hartwick Park—visit: www.perrytwp.com
Public Speaks-Open Forum:
Jeff and Darlene Nicholas, 6235 Bosford St. SW, Navarre – Mrs. Nicholas stated that when they got home from vacation in June, there was black asphalt in their yard, supposedly for drainage, and it is doing no good. Mr. Nicholas made reference of the photographs he brought with him, attached before the Board. Darlene stated that they cannot get their lawnmower around to mow and added they were told that Mr. Masalko would come and mow this, but you can tell by the pictures, this has never been done. Mr. Nicholas indicated that when he called the Road Department, Road Superintendent Masalko had not been in and when Mr. Masalko got back to Mr. Nicholas, he was unable to reach him; that is why they were here this evening. Mr. Nicholas also gave a brief explanation of the drainage situation.
Trustee Haines stated that just so he can understand this better, briefly verified what Mr. Nicholas described. Mr. Nicholas indicated that there were two of these asphalt patches on their property, one on his mother’s and one partly above the neighbor above her.
Trustee Haines inquired what Mr. and Mrs. Nicholas sees as a solution. They both indicated to take it out.
Trustee Laubacher also gave a brief explanation of the conversation he and Road Superintendent Masalko had in regard to this matter and added that he thought they were going to put blacktop into the catch basins. Trustee Laubacher further described the mounds of asphalt around the edge of the drains verifying the difficulty it would take to get around this area with a mower.
More discussion followed and Trustee Haines indicated to Mr. Nicholas that he would be willing to meet next Tuesday morning at 7:30 am at their location with Road Superintendent Masalko in reference to this matter.
Timothy Blythe, 2956 Bridgeton St. NW, Massillon, OH 44646 – Mr. Blythe inquired if there was a policy in place within the police department that determines the criteria for an independent investigation. Law Director Hall indicated that he would ask Chief Pomesky if there was a policy in place. Chief Pomesky stated that there was not and added that as far as a criminal investigation, generally we would go to the outside to have that, but for an internal investigation, we would not. Trustee Chessler indicated that there is a policy in place wherein an internal investigation would be prepared by the police department.
Mr. Hall stated that if it was determined that there is a conflict, either because the supervisor is involved or if, for example, it would involve me, I would disqualify myself and we would refer it to most probably the prosecuting attorney for review. Mr. Hall added that it would be determined on a case by case basis.
Mr. Blythe stated that recently there was a hearing in here that described a motor vehicle accident between a police cruiser and a bicycle and added that Chief Pomesky had insisted that this investigation be an independent investigation by the state patrol. Mr. Blythe added that in light of his recent public records request, the complaint was filed.
Trustee Chessler asked if he could stop Mr. Blythe at this point to indicate that this is a policy where law enforcement are involved in instances that require a law enforcement investigation so our department cannot invest apart from the department so in that context, I think it’s regular routine for any police department to seek the assistance of an outside agency whose independent of that.
Mr. Blythe stated that in light of his public records request, the complaint was filed that named an officer in a relationship with a minor and the investigation was handled internally. Mr. Blythe inquired why an incident with potential serious nature would be handled internally.
Law Director Hall indicated that he would respond to that. Prior to the records request as provided by Chief Pomesky, Mr. Hall added that he was principally responsible for reviewing and redacting to comply with the code. Mr. Hall stated that he had forgotten about the incident because he had also reviewed this same matter in 2005 and added: I would suggest that it was an internal investigation to determine first of all, whether or not there was any departmental policies violated and secondly, whether or not there was reasonable suspicion of any type of criminal activity and clearly there was no criminal activity and there was department policy involved and discipline was handed down.
Mr. Blythe stated that the incident he is speaking of had disciplinary action, and added that out of respect to Mr. Haines, he was not on the Board at the time, but the disciplinary action was approved by the Board. Mr. Blythe inquired why the Board would file such an investigation to be handled internally when clearly the statements that were given by individuals painted a different picture of them than what the officer said. A he-said, she-said type of incident; and that type of thing you would think that the police department would want to separate themselves from that type of investigation and have it handled independently.
Trustee Laubacher inquired of Mr. Blythe when did you say this occurred. Mr. Blythe replied in 2010.
Mr. Blythe indicated that the reason that this came about is because of some things that occurred in the school system and some people were appointed in the school system; that is how this whole thing came about.
Mr. Hall stated that first of all, Mr. Blythe was catching the Board members unaware because they have not had an opportunity to look at the file or review the record since 2010 and added that he would also suggest that there was no indication of any type of wrongdoing other than a possible violation of a department policy; there was nothing that gave rise to even reasonable suspicion of any type of criminal activity and there were at least five (5) non-police department people interviewed, so it wasn’t a he-said, she-said, there were proper statements to fill in the (wording unclear) . Mr. Hall stated that he was convinced and confident in recommending to this Board, representing to this Board, that it was a thorough, correct and proper investigation.
Police Chief Pomesky stated that for the record, the disposition of that investigation was reviewed with the Massillon Law Department as well.
Mr. Blythe inquired why the investigation was conducted without any written or recorded statements from the officer. Chief Pomesky stated that at that point, in the department, we did not have all the technologies that we do today, we were behind the times and added that through the years, make advancements so that we could have recording technologies for stuff like this. Chief Pomesky stated that we have advanced as a department and added that he would probably say that were able to do those things today.
Mr. Blythe stated that what you are saying is that the Massillon Prosecutor reviewed the incident based on your recommendation or your information. Chief Pomesky stated that he did not make a recommendation and indicated that he stuck with the facts in the investigation and let them make their own determination.
Law Director Hall stated that the prosecutor has provided all of the statements from all of the parties involved.
Mr. Blythe remarked: so we didn’t even have a written statement from the—Trustee Chessler indicated that he was going to interrupt him here and say this: I don’t know when this Board has ever gotten into the particulars of discussing what was an internal investigation with a disciplinary matter, I just know across the board those things aren’t publically discussed so we aren’t going to entertain any more questions of that nature and asked if Mr. Blythe had any more questions. Mr. Blythe stated that was it, thank you.
Dana Vargo, 2910 Green Oak Circle NW, Massillon – stated that she walks her dogs in the neighborhood and noticed that the intersections of List and Chadwick have two way stops and was wondering if it was possible to put in two more stop signs. Trustee Chessler indicated to Ms. Vargo that he knows that she has been coming to the Board meetings for a long time and added that he was sure that she has heard the Board give this explanation before; that the placement of those kinds of things, a four way stop, is not only discouraged, but would have to be approved by the Stark County Engineer’s office for a traffic study. Trustee Chessler stated that the Board has been forced, cajoled, persuaded, intimidated to take down four way stop signs because they are not a way to control speed or traffic so we probably wouldn’t be able to do that there. Trustee Chessler indicated that the purpose that you would propose to accomplish by putting two more stop signs would do what. Ms. Vargo stated that in regard to the new allotments at the end of List, the people seem to zoom right through. Trustee Chessler stated that would be the explanation we have that we’re trying to slow people down and they would say that no we cannot do it for that purpose.
Trustee Haines stated that we would be happy to mention to Chief Pomesky to have an officer out there to watch that area a little closer. Trustee Haines briefly verified that he knows that the traffic has increased in that area.
Scott Baker, 2902 Denise Circle, Canton 44706 – Mr. Baker stated that he was here mainly in regard to the repo lot (Central Ohio Recovery); they are doing work at night now, or they were last week at 9:30 pm. They are moving big boulders to be used for landscaping. Mr. Baker briefly explained that he actually went over to the lot to ask the workers how long they were going to be working and explained that he had two children in bed. He was told to just stay off of their property. Mr. Baker stated that he received a letter from them yesterday with a copy going to the Police Chief. Chief Pomesky indicated that he did receive a letter from them, but had not read it yet. Mr. Baker stated that this business is bordering a residential neighborhood and added that he just wanted to bring this to the Board’s attention because if they were going keep working nights, he is going to be calling.
Trustee Haines inquired if Mr. Baker knew if they were now done with that project and Mr. Baker stated that he didn’t know, but that there were still rocks everywhere. Mr. Baker stated that the only issue that he has is that this is happening at night.
Trustee Chessler inquired if we knew what the nature of the project is. Trustee Haines also inquired of Law Director Hall if there was anything as far as zoning and working after dark. Mr. Hall stated that zoning cannot regulate hours of operation and added that in regard to a noise disturbance, the time limitation would not be until midnight. Mr. Hall stated that he was also copied on this same letter Mr. Baker has referred to and added that this is developing into a private property squabble between Mr. Baker and the operators of the business; it is not a zoning matter.
Trustee Haines stated to Mr. Baker that he would want to advise him not to become confrontational on their property or anything like that.
Dan Sciury – stated that first of all they (Central Ohio Recovery) should know who they are addressing when they send out a letter because they sent this letter in his name; he does not own that property. Mr. Sciury briefly explained how this all started when all the neighbors came here together as a group because of what they were doing there and added that he hopes that there is something that can be done about this to make this guy come to reason if he won’t comply.
Executive Session(s):
Trustee Chessler made a motion that the Board adjourn into an Executive Session pursuant to ORC 121.22 (G) (5) matters required to be kept confidential by Ohio or U.S. Law (medical records) to include the Board, Fiscal Officer, Law Director and Police Chief with no action to be taken; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
The Board adjourned into Executive Session at: 7:42 pm
The Board adjourned from Executive Session at: 7:51 pm
Adjournment:
With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 7:52 pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Craig Chessler, President Joe Schlegel, Fiscal Officer