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 15, 2015  Early Start Time 6:30 pm

 

Regular Meeting 7:00 pm

 

 

 

Trustee Haines made the introduction for this evening’s meeting stating that we have an early start time of 6:30 pm for some Executive Sessions.

 

Executive Session(s): 

 

Trustee Haines made a motion that the Board adjourn into Executive Sessions pursuant to:

 

ORC 121.22 (G) (1) for employment to include the Board, Fiscal Officer, Law Director

 

ORC 121.22 (G) (3) conference with legal counsel concerning imminent or pending court action to include Board, Fiscal Officer, Law Director

 

ORC 121.22 (G) (1) disciplinary hearing of Rick Moore to include the Board, Fiscal Officer, Law Director and Fire Chief and others as requested; Seconded by Trustee Laubacher.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Laubacher, yes.

 

The Board adjourned into Executive Session at:  6:32 pm

 

The Board adjourned from Executive Session at:  7:40 pm

 

Call to Order/ Pledge of Allegiance:

 

Excused absence:  John Masalko, Road Superintendent

 

Additions/Deletions to Agenda:  

 

Trustee Chessler stated that he would make a motion to add to the Agenda the Board’s consideration of the previously presented Grievance by Ben Barrett of the Police Department; Seconded by Trustee Haines.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. Haines, yes.  Mr. Laubacher, yes.

 

Public Hearings/Invited Guests:

 

Recognition of Officer Pat Bardnell ~ Retirement

 

Trustee Chessler thanked Officer Bardnell for being here this evening and stated that he would like to read some thoughts to Pat on behalf of the Board.

 

The Board would like to acknowledge and give praise to you on your 15 year career with the Perry Township Police Department.  On the occasion of your retirement from the Police Department, you deserve recognition for acute areas that made you unique.  Your fellow officers noted: “when you’re 5’2” and 100 pounds, you better master the art of brutal skills”.  Your fellow officers also found great value when someone had to be pushed through a window (laughter).  Trustee Chessler stated: on a more serious note, I want to recognize also that you shared with your colleagues, your department and our community the unspeakable experience thrust upon you by what has happened in your life.  One of the most noble things a person can do in the wake of a personal tragedy, you have reached out to victims and families who have been devastated by addiction.  You have provided immeasurable benefit and compassion, not just in your direct involvement, but through your exemplary service in the organization and the solace which is surviving a loss and continuing every day.  Some people pay lip service to giving back to our community, you have done it every day and you are to be commended.  As you turn the page on your journey, we hope that you are rewarded by the good you have done and further, find solace and fulfillment in your continuing pursuits.  Trustee Chessler asked Pat to come forward to receive a Certificate of Appreciation.

 

Trustee Chessler read the Certificate and thanked Pat for 15 years of dedicated and professional service to the Perry Township Police Department and to the citizens of Perry Township.  Trustee Chessler also stated that Sergeant Hamilton wanted to say a few words on Pat’s behalf.  Pat expressed her thanks.

 

Sergeant Frank Hamilton stated that on behalf of him and their co-workers described Pat as more than a dedicated officer that has served this community for 15 years, she is also a great co-worker and friend.  Sergeant Hamilton stated that the most impressive thing is throughout everything, Pat has always maintained her sense of humor.  Sergeant Hamilton stated that they were going to miss her and wanted her to know that they would always be there for her and they appreciated her.  Pat warmly expressed her thanks.

 

Recognition of Carles Moore ~ Station Chief Retirement

 

Trustee Chessler asked Carles Moore to please come forward to accept a Certificate of Service Achievement.  Trustee Chessler stated in recognition of 25 years of commitment and dedication and service as a firefighter and emergency medical technician with the Perry Township Fire Department and the community he has served, on behalf of the Board of Trustees, they would like to thank him very much for his dedicated service. 

 

Trustee Haines presented Carles Moore with his name patch and Trustee Laubacher presented Carles Moore with his shield/badge and reflected upon the many calls they were on together at the Fire Department and stated that he had a great appreciation of him receiving this badge.

 

Trustee Chessler addressed the audience indicating that if they had been here this evening to help recognize the moments of recognition, they would pause briefly while they made their exit at this time.

 

Consider Disciplinary Hearing of Rick Moore

 

Trustee Chessler noted this Agenda item and indicated that the Board previously adjourned to Executive Session at the request of Mr. Moore and his counsel.  Trustee Chessler stated that we have convened into Executive Session, it will be continued and we will re-convene into Executive Session for further discussion on that matter.

 

Communications: 

 

Public Speaks on items up for Board Approval: None.

 

Township Business requiring Board Action: None.

 

Unfinished Business:   None.

 

New Business:

 

Consider Resolution to Vacate 23rd Street between Whipple Ave. SW and Leo Avenue SW

 

Trustee Chessler stated that he would call upon Law Director Hall in reference to the Board being aware that we have created some encroached signs to Logan to consider a proposal for economic development in the southwest portion of the Township, part of which would involve the Board of Trustees consideration of a possible road vacation.  Trustee Chessler stated that he knows Mr. Hall has been in contact with Mr. Logan’s legal counsel and added that he has distributed to the Board a draft Resolution for our consideration tonight.  Trustee Chessler stated that he would ask Mr. Hall to outline that Resolution and hear our recommendation to the Board.

 

Law Director Hall stated:  Mr. Logan has approached the Board and is requesting that 23rd Street, west of Whipple Avenue over Leo Avenue, it is platted on ”paper” but not constructed, be vacated so that he could improve that.  Mr. Hall added that there have been some meetings with the County Engineer and with other responsible parties because there is a storm drainage way in that right of way.  Mr. Hall stated that Mr. Logan recognizes that, subject to Regional Planning requirements, this will have to be maintained under the Engineer’s side lots.  Mr. Hall stated that he has met with Road Superintendent Masalko and certain members of the Board, and it is our recommendation that there be no negative effect on public transportation, private access or police or fire or EMS response.  Mr. Hall stated that if that section of 23rd Street, between Whipple Avenue SW and Leo Avenue SW, is vacated, although the Board does not have authority to make things straight, the Board, at the request of the county commissioners under the new policy, has the ability to recommend whether or not the Board consists of such, a vacation is the Road Superintendent and my recommendation that section of 23rd Street SW should be vacated.

 

Trustee Chessler stated that the Board has before us, the electronic version of the Draft Resolution and added for discussion purposes, makes a motion that we adopt and approve the Resolution to consent to the vacation of 23rd Street SW from Whipple Avenue to Leo Avenue SW which is a “paper” platted, but not constructed road in Perry Township; Seconded by Trustee Laubacher.

 

Trustee Chessler indicated to Mr. Hall that after this, there are more things to be done.  Mr. Hall stated that the Resolution be transmitted to the County Commissioners and the property owner would have to actually forward the petition to the County Commissioners for the vacation of that road.

 

Trustee Chessler indicated that we will also note that we have been in discussions with the County Engineer as far as different alternatives available to take care of the drainage in this vacation matter.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. Haines, yes.  Mr. Laubacher, yes.

 

Trustee Haines made a motion to approve bills and payroll in the amount of $264,857.27 for the week ending September 8, 2015 and bills only in the amount of $27,631.54 for the week ending September 15, 2015 for a combined total of $292,488.81; Seconded by Trustee Laubacher.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. Haines, yes.  Mr. Laubacher, yes.

 

Fiscal Officer: 

 

Administration: 

 

Consider Dedicating Perry Park as the Regis Perry Memorial Park

 

Trustee Haines stated that now that it has come to fruition, and it’s been dedicated a couple of Saturdays ago with the Regis Perry family, and grass is growing around it, it has turned out very nice, and made a motion that we dedicate Perry Park to be now named the Regis Perry Memorial Park.  Trustee Chessler added that with honor, will second that.

 

Trustee Laubacher stated that with what Regis Perry has done with baseball, it is a very good decision.

 

Trustee Haines briefly stated that one thing a lot of people don’t realize is that Regis drove the drive to put the lights at Perry Park, he built the concession stand, he did so much to better that park for the future under the direction of the Perry Baseball Association, what he did was truly for the kids and the community of Perry Township.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. Haines, yes.  Mr. Laubacher, yes.

 

Consider Assistant Zoning Inspector Applicants

 

Trustee Chessler stated with regard to the above mentioned Agenda item, the Board has also previously adjourned to Executive Session to discuss the applications that have been submitted and added that we will be considering that further and taking action at a later time, if that is the Board’s preference.  Trustee Laubacher stated correct.  

 

Consider Accepting a Grant in the Amount of $2,500 from Stark Tusc Wayne Recycling

 

Administrator Fetzer stated that the Stark Tusc Wayne Joint Solid Waste Management Program has informed the Board of Trustees that we have been awarded the Recycling Drop Off  Clean Up Grant in the amount of $2,500.  Administrator Fetzer indicated that this is the maximum amount of eligibility; all of the Grantees will be required to enter into a grant agreement information to the district and that’s going to be reported to a Re TRAC program and that is all done through their data base program.  Administrator Fetzer stated that the contract does require the Board President’s signature to accept the funding and the rest of the information is statistics on these documents are basically the information as to how many hours of maintenance are actually put into the recycling station of the Road Department.

 

Trustee Laubacher briefly indicated they received some information at a meeting at the Stark Tusc Wayne Waste District several months ago concerning cameras that we are possibly going to be able to purchase to protect the drop off point at the Road Department.

 

Trustee Chessler made a motion, based on the presentation, that the Board approve and enter into the 2015 Host Site/Community Clean-Up Agreement by and between the Board of Trustees and the Stark Tusc Wayne Joint Solid Waste Management District and accept the grant in the amount of $2,500; Seconded by Trustee Haines.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. Haines, yes.  Mr. Laubacher, yes.

 

Fire Department:

 

Consider Hiring Seasonal Employee Jacob Little

 

Trustee Chessler stated that the Board has a memo from Fire Chief Martin with a request that the Board hire Jacob Little, this is in substitution of what was done last week under the same terms and conditions and makes a motion that based on this request, the Board authorize the hiring of Jacob Little as part-time maintenance employee effective September 15, 2015 and will be compensated at a rate of pay of $12.00 per hour; Seconded by Trustee Laubacher.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. Haines, yes.  Mr. Laubacher, yes.

 

Consider Bids for Parking Lot Repairs Stations #2 and #3

 

Trustee Chessler stated that Fire Chief Martin has provided to the Board quotes of prices to replace or repave the parking lots of Stations #2 and #3 and asked Chief Martin to please outline his recommendations.

 

Fire Chief Martin indicated that as is stated in the memo, it has been approximately 25 years since any work has been done to those parking lots.  Chief Martin stated that over the last several years, they have actually had to have the Road Department come in and dig some sections up and place gravel in because they were such mud holes.

 

Chief Martin stated that they have received three (3) quotes: Vasco Asphalt in the amount of $38,021; Hensel’s Paving in the amount of $37,350 and Vinton Asphalt in the amount of $35,690.  Chief Martin added that in evaluating the quotes along with Maintenance Supervisor Swisher, we are recommending Vasco.  Chief Martin stated that even though Vasco is the higher bid, they were the only company that in their bid recommended removing part of the parking lot at Station #3 in which we had dug up and put gravel in and putting a new base down.  Chief Martin indicated that asphalting over top of those areas would break up in a very short time.  Chief Martin stated that putting the new base in is critical for it to be a good solid parking lot.  Chief Martin stated that the difference between the high and the low bid is $2,331 and added that this seems like a pretty reasonable price to take out a large section of parking lot and put a new base in and then asphalt over top of that.

 

Trustee Laubacher inquired of Chief Martin if they understood the size of trucks that will be on that.  Chief Martin stated that the parking lots do not have much in the way of trucks; the apparatus aprons, where the trucks are on, those are concrete and the trucks don’t normally pull much on there.

 

Trustee Laubacher indicated that during the meetings at Station #3, inquired if parking was done on some of that blacktop.  Chief Martin indicated that themed units may, but the engines usually park on the concrete areas.

 

Trustee Chessler made a motion that based on the Chief’s recommendation that the Board enter into an agreement with Vasco Asphalt for a total cost not to exceed $38,021 for repaving and replacement of the asphalt at Stations #2 and #3; Seconded by Trustee Laubacher.

 

Trustee Laubacher inquired if the Board was in agreement going with the higher bid.  Law Director Hall indicated this was well below the $50,000 leveraged amount.  Trustee Chessler indicated that Chief Martin could justify why that is a better value.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. Haines, yes.  Mr. Laubacher, yes.

 

Police Department:

 

Consider Massillon Transportation Agreement

 

Police Chief Pomesky stated that the previous Prisoner Transportation Agreement expired at the end of last year; from that time forward, it has been a process to get the new agreement to us; however this year’s agreement and the 2016 agreement come to no increase in cost to the Township for prisoner transportation.  Chief Pomesky indicated that the agreement sets that there will be four (4) quarterly installment payments by the Township to the City of Massillon; we would be charged $130.00 per prisoner transported and $20.00 additional if they require finger printing due to being summoned or anything else in that regard at their facility.  Chief Pomesky stated that there are not very many options for us other than this agreement.  Chief Pomesky stated that he asks for the Board’s approval for this agreement for 2015 and 2016.

 

Trustee Haines inquired if our only other option would be to use our own officers.  Chief Pomesky indicated that this has been brought up before but added that it is really not an option, we are not outfitted appropriately to transport to court, you have to plan for meals, medication and those types of things.  Chief Pomesky also indicated that prisoner restraints in a different fashion.

 

Trustee Chessler inquired of Chief Pomesky if the Sheriff would have any ability to provide that service.  Chief Pomesky stated that it has been discussed but has always been removed since we do not have the field for it.

 

Trustee Chessler made a motion based upon what the Chief has presented that the Township enter into a renewed agreement with the City of Massillon for transportation services for our prisoners; Seconded by Trustee Laubacher.

 

Trustee Chessler inquired of Chief Pomesky that this Agreement is for a period of 2015-2016.  Trustee Haines verified that it was through December 31, 2016.  Trustee Laubacher stated this is for about a year and a half. 

 

ROLL CALL:  Mr. Chessler, yes.  Mr. Haines, yes.  Mr. Laubacher, yes.

 

Consider Bullet Resistant Vest Grant Award

 

Police Chief Pomesky stated that we are eligible this year to apply for an additional $2,815.97 for bullet proof vest replacement funds.  Chief Pomesky stated that we have made the application and we were awarded that amount and asks for the Board’s approval to accept that funding to be able to use that for our officer’s bullet proof vests replacement program.  Chief Pomesky indicated that we previously applied for this and consistently have received some sort of financial assistance with our bullet proof vest replacements.  Chief Pomesky stated that this has been a great program and added that it does only provide 50% reimbursement towards those vests but stated that it has definitely been a benefit for us to participate with this.

 

Trustee Haines inquired what are the oldest vests that we have out there.  Chief Pomesky indicated that every five (5) years, every vest gets replaced so the oldest vest you’ll have out there is five (5) years.  Chief Pomesky stated that through this program we have also been able to increase the safety to our officers even though we do carry tasers on duty, we have been able to upgrade the protection of our vests for them to accommodate if they were to be shot with their tasers, it would disrupt the current protecting the officer that we would be able to increase several other aspects with that to a level of threat protection that they are.

 

Trustee Haines verified that Chief Pomesky is asking the Board to accept this award.  Chief Pomesky stated that was correct and added it will be through an electronic process that will enable us to accept after Board authorization and comply with the terms of it.

 

Trustee Haines made a motion that the Board accept the Bullet Proof Vest Grant for the Police Department in the amount of $2,815.97 toward our bullet proof vest fund and comply with the terms of the grant; Seconded by Trustee Laubacher.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. Haines, yes.  Mr. Laubacher, yes.

 

Consider Notice of Permanent Layoff of Dispatchers

 

Trustee Chessler stated that he will call upon the Law Director on this next Agenda item.  Trustee Chessler indicated that the Law Director has informed the Board, and provided a Resolution in electronic format which satisfies notice requirements under the Collective Bargaining Agreement with the Perry Township Dispatching Unit. 

 

Law Director Hall stated that the Board has already passed Resolutions to move Dispatch to outsource it away from the Department and everyone at the Police Department are aware that this is happening.  Mr. Hall stated that he knows the dispatchers know that this is happening but under Article 12 of the current Collective Bargaining Agreement, they have to give formal notice to the Union and the affected employees so is asking the Board to approve the Resolution authorizing the Chief to notify the current dispatchers not less than thirty (30) days prior to the date of the final switch of that impending permanent layoff.

 

Trustee Chessler made a motion that the Board adopt this Resolution as written; Seconded by Trustee Laubacher.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. Haines, yes.  Mr. Laubacher, yes.

 

Law Director Hall stated that he will note to Police Chief Pomesky to make sure that the notifications are properly worded.

 

Law Director Hall stated to Trustee Chessler that with the Board’s indulgence, asks that the Board, at this time, consider the Ben Barrett Step II Grievance; it had been tabled until the evening and did not formally make the typed Agenda.

 

Trustee Chessler verified that the Board did have a time frame in which to render a decision that we previously conducted.  Trustee Chessler stated that he would circle back and make a motion to add to the Agenda the Board’s consideration of the previously presented Grievance by Ben Barrett of the Police Department. 

 

Trustee Chessler stated that he will note that the Board has previously received a request for a Grievance Hearing that was conducted at a prior meeting of the Board of Trustees in open session.  At the request of the Grievant, the Board entertained arguments from the Police Department and the Grievant with regard to the matter.  Trustee Chessler stated that the Board has had an opportunity to review the matter in Executive Session and prior to making a decision will ask Law Director Hall to brief the Board on the issues your recommendation.

 

Law Director Hall stated that he would recommend the Board to formally reject Mr. Barrett’s request primarily for two (2) reasons:  1) It is my recommendation to the Board that this is not a proper subject of grievance, it is not subject to the grievance process because it was not a disciplinary response, it is a management response.  2) Would ask the Board to affirm the Chief’s decision of moving Mr. Barrett away from that position because it is a management rights decision and again, is his recommendation that is not subject to the grievance process.

 

Trustee Chessler inquired if there were any questions of the Law Director with regard to that; do we need to revisit or review the evidence as presented.  Trustee Laubacher replied no.

 

Trustee Chessler made a motion that the Board adopt and approve the recommendation of the Law Director to deny the Grievance; Seconded by Trustee Haines.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. Haines, yes.  Mr. Laubacher, yes.

 

Trustee Laubacher inquired of Chief Pomesky who the new SRO officer will be.  Chief Pomesky stated that Officer Letta will be filling that role for us.

 

Road Department:  None.

 

Law Director: None.

 

Zoning: None.

 

Parks/Recycling: None.

 

Executive Session(s): 

 

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.

 

Upcoming Events:  None.

 

Public Speaks-Open Forum: None.

 

Adjournment:

 

With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at  8:12 pm; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. Haines, yes.  Mr. Laubacher, yes.

 

 

 

                                                                                                                                                                                                               

 

Craig Chessler, President                                                                              Joe Schlegel, Fiscal Officer