Regular Meeting
Perry Township Board of Trustees
Regular Meeting
March 6, 2012 7:00pm
Call to Order/Pledge of Allegiance:
Excused absence: Scott Weckbacher, Zoning Inspector- Stark County Regional Planning.
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests: None.
Communications:
Letter to the Timken Company
Trustee Chessler stated that one news story that has been covered quite thoroughly was the ratification of a contract by the Timken Company workers and that means that the plans are to move forward with the increase and expansion of the Faircrest Plant which is in Perry Township. Trustee Chessler stated that he thought that it would be a good idea to be proactive and have the Board send a letter to the representatives of the Timken Company congratulating them and offering them support in trying to make a good business climate for them. Trustee Chessler stated that he will draft the letter and circulate it to everyone. Trustee Haines stated that it is good timing to go ahead and do that.
Trustee Chessler stated that the idea of economic development comes up a lot during campaign time and people have distorted that and have misconceptions of what economic development does for Perry Township. This seems to be a project that if completed as planned will lead to the expansion of Timken’s facilities, an enhancement of the value of their property and thereby an enhancement to the Township’s tax base. That being the direct benefit, there is also the indirect benefit that it may mean more and better jobs in Perry Township. Trustee Chessler stated that they always talk the talk and he would hope that the Board would walk the walk in trying to make the project from the Township’s stand point the business environment most conducive for that.
Joint Meeting with Perry School Board
Trustee Chessler stated that everyone is aware of the tragic shootings in Chardon and out of that tragedy the one thing that he was most impressed with was how the community recognized that the safety forces responded in such a prepared and organized manor. This situation was terrible but the way that the safety forces handled it prevented it from potentially being worse. Trustee Chessler stated that he believes it would be a good idea for our community to have that demonstration. Trustee Chessler stated that he called the President of the Perry Local School Board today and broached the idea about having a joint meeting with the Board of Trustees, School Board, Fire Chief and Police Chief to demonstrate to both Boards and the community that we have that same level of preparation. Trustee Chessler stated that if the Board is in favor of doing that he suggested cancelling the regular meeting of March 20, 2012 and moving it to the day the School Board meets on March 27, 2012. The logistics can be determined if the Board finds this idea acceptable.
Trustee Chessler stated that more generally we have some other areas with the schools where there are coordinated efforts. Between now and then the Board can ask the Department Heads to brain storm any ideas that might be good to share with the Board’s colleagues at the schools. Trustee Chessler stated that he will follow up with the School Board if that is ok. Trustee Haines stated that he thinks that this is a great idea. Trustee Haines stated that he met with Chief Pomesky the day after the shooting in Chardon and had a brief discussion on how the Police Department is prepared for these situations. Obviously, there is a plan but it would be nice to see it played out as Trustee Chessler has suggested.
Trustee Chessler stated that about two (2) years ago there was an incident at Edison Jr. High where an individual was believed to have brought a gun to school and he happened to be with the Chief that day. Trustee Chessler stated that he was thoroughly impressed by how the Perry Township Safety Forces, who work all the time mostly independent of one another, were so very well prepared and coordinated. Trustee Chessler stated that it is important to remind the community sometimes that the Township is that prepared.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action:
Unfinished Business:
Consider E-Mail Retention Policy
Trustee Chessler stated that the Board has asked Mr. Hall to follow up with developing a policy regarding electronic communications. Mr. Hall stated that he circulated the draft policy to the Board but it has not been seen by the Department Heads yet. Mr. Hall stated that the Supreme Court of Ohio addresses public records about every quarter. The Supreme Court reviews these cases along with policies from other state and federal agencies. Mr. Hall stated that the draft policy states that emails on Township computers should be retained for twelve (12) months. Once the emails are deleted from the Township computers they will be retained on the archival server for an additional six (6) months. Any email should be able to be retrieved relatively simply for a period of eighteen (18) months. This is standard at the federal, state and local agencies.
Mr. Hall stated that he expanded the policy because it seems like there have been more and more requests for documents that are temporary that may initially document services of government but then they are either transmitted into another type of communication or are incorporated into a more formalized memorandum where they simply lose their value. Mr. Hall stated that he has prepared a proposal that once a phone message, post it note or some other hand written notation is transformed into a semi-permanent or permanent document it can be thrown away. Mr. Hall stated that if this is in the direction and in accordance with what the Board is interested in doing he would like to circulate it to the Administrator and other Department Heads to get feedback. Once the feedback is received the draft policy can be put into a more formalized document for the Board’s resolution handbook. Trustee Chessler stated that he is fine with continuing to move forward with this matter. Mr. Hall stated that he will have this ready for either the joint meeting or the first meeting in April.
Trustee Chessler inquired if Mr. Hall has found anything in his research that imposes a requirement of a public entity to have the means to sort through and choose certain records based on the request. For example; if someone requests all emails from employee Bob Jones from December 2011 to March 2012. Mr. Hall stated that if that request is made and the documents are available then they have to be produced. This is more a factor of administrative ease in locating the documents. For instance; Mr. Schlegel received a public records request today and because Mr. Hall had emails that had not been deleted or archived he was able to quickly find them. There are programs and systems out there that are not too expensive that will separate by department. These programs can probably be accessed by the providers or IT people. This would be relatively simple and hopefully inexpensive to access. This is for administrative ease otherwise the Township could spend a lot of time looking for documents that we know exist if there was simpler and more easier method to retrieve it. Mr. Hall stated that he will circulate the draft policy and feedback in moving forward with this policy.
New Business:
Trustee Chessler made a motion to approve bills and payroll in the amount of $252,151.17 for the week ending February 28, 2012 and bills in the amount of $31,774.27 for the week ending March 6, 2012 for a combined total of $283,925.44; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Fiscal Officer:
Trustee Laubacher made a motion to approve the minutes from the February 21, 2012 Regular Meeting; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Administration:
Consider Aultcare Vision, Dental and COBRA Administration Fees
Trustee Chessler stated that Administrator Fetzer provided the Board with a memorandum detailing the administrative service fees that the Township is charged for its vision, dental and COBRA services. Administrator Fetzer stated that the fee per month, per person for dental is $3.55, vision is $1.40 and COBRA is $2.30. Administrator Fetzer stated that she asked if the Township could get a reprieve since there has been an increase of three (3) percent each year. The representatives at Aultcare are willing to lock the Township’s rate in until 2014. Trustee Chessler stated that this is to everyone’s benefit and is a continuation of a program that has been in place where the Township self funds these costs but has them administered through Aultcare.
Trustee Chessler made a motion that the Board renew the Township’s agreement with Aultcare services as the fees are outlined in their proposal; dental $3.55 per person per month, vision $1.40 per person per month and COBRA $2.30 per person per month effective retroactive to January 1, 2012 through December 31, 2013; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider ODNR Consent Form Concerning Elliot Ave. SW
Administrator Fetzer stated that Mr. Robert Sanderson, Massillon Chamber of Commerce, stopped in and explained that they are in the process of getting the proper Ohio Department of Natural Resources (ODNR) permits. They can not go any further until this Board authorizes the fact that they can turn the paper road into a true road. This can be done with signatures by the entire Board as per the attachment. Mr. Hall inquired if there is going to be a cul-de-sac at the end of Elliot Ave. SW if this road is approved and constructed. Administrator Fetzer stated that she did not know as it wasn’t elaborated on but she can find out. Mr. Hall stated that he is inquiring because normally a cul-de-sac would be required for the purpose of emergency vehicles turning around. Trustee Chessler inquired if there was any objection from the Board for what is being requested this evening. The Board had no objection.
Trustee Chessler made a motion that the Board authorize executing the approval of the consent form for the Ohio Department of Natural Resources- Division of Mineral Resources as it has been submitted; Seconded by Trustee Laubacher.
Trustee Laubacher stated that no funds will come out of the Perry Township Road Department’s budget. The money to complete this project is coming from the state.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Fire Department:
Consider the Purchase of a Mobile Tablet for Fire Inspection Bureau
Chief Martin asked the Board to consider the purchase of a Dell Latitude ST Tablet from Seifert Technology for a total purchase price of $1,110.00. The current process of typing up violations is quite cumbersome and involves a lot of labor. With the proposed tablet and program, Deputy Chief Abbott will be able to go into a business, type up everything on the spot and print. The violation can then be emailed to the business operator. Record keeping will then be e-filed which will save a tremendous amount of paper. The State Fire Marshalls went over this system about a year ago and they love it. This will also help the efficiency of the inspections by thirty (30) or forty (40) percent. Three (3) quotes were obtained and explained in an outline to the Board. Seifert was the lowest quote and is recommended for approval.
Trustee Laubacher made a motion that the Board approve the purchase of a Dell Latitude ST Tablet from Seifert Technologies at a cost not to exceed $1,110.00; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider the Purchase of Smoke Detectors
Chief Martin asked the Board to approve the purchase of 1,500 smoke detectors from BRK Incorporated at a total purchase price not to exceed $22,350.00. As outlined in a memorandum to the Board, this is a continuation of a grant from FEMA in the amount of $84,000.00 with a ten (10) percent Township match of $8,400.00. Chief Martin stated that they have applied for initial reimbursement of $42,348.00 and Mr. Schlegel indicated that the money has been received. Chief Martin stated that 1,800 smoke detectors have been installed in Perry Township homes. Matt Rink from the Massillon Independent has been working with the Fire Department on this project and is going to do a big article just to re-emphasize the importance of smoke detectors.
Trustee Chessler made a motion that the Board approve the purchase of 1,500.00 smoke detectors from BRK Incorporated at a total purchase price not to exceed $22,350.00 and authorize the Chief to take the steps necessary to seek whatever reimbursement there are applicable; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Police Department:
Consider Annual Firewall Renewal for License Agreement
Chief Pomesky asked the Board to consider the annual firewall license agreement renewal. This software includes advanced firewall, upgrade assurance for one (1) year, internet content filtering and web filter licenses. Chief Pomesky provided the Board with the estimate from NEO Digital as they are the service provider at the Police Department. The total cost for the annual firewall license agreement renewal is $1,400.00.
Trustee Laubacher made a motion that the Board approve the annual firewall license agreement renewal through NEO Digital at a total cost not to exceed $1,400.00; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Road Department:
Consider Appointing the Assistant Road Superintendent
Trustee Chessler stated that the Board of Trustees had been previously requested by the Road Superintendent to entertain the creation of the position of Assistant Road Superintendent. With the assistance of the Law Director, Mr. Masalko created a job description. That position was effective February 9, 2012. Mr. Masalko then asked the Board to approve the filling of that position and it was the Board’s desire to have the position filled from within the existing Road Department members. Mr. Masalko has provided to the Board an itemization of all of the notifications, application process and outline of the salary.
Mr. Masalko stated that he did conduct interviews with the applicants. One of the applicants did decide to withdraw. Mr. Masalko stated that it was a tough decision because both applicants were good. Mr. Masalko asked the Board to appoint David Chris Young as the Assistant Road Superintendent because of his enthusiasm and knowledge of the Road Department. Mr. Young has showed his leadership skills and has grasped the operation of all the equipment that the Road Department has. This appointment would be effective immediately at a rate of $24.75 per hour ($51,480.00 annually) and a $400.00 uniform allowance.
Trustee Chessler stated that the Board received correspondence from Mr. Young dated March 5, 2012 requesting that the Board have this appointment condition on allowing him to be reinstated as a Perry Road Maintenance Specialist after the six (6) month probationary period or if the position is eliminated at any time. The Board has accepted similar requests in the past. Mr. Hall stated that Mr. Young is currently in the collective bargaining unit and if he is promoted out of the bargaining unit he will have a six (6) month probationary period. If for some reason Mr. Young or the Board decides that this position isn’t working then under the contract Mr. Young has the right to step back into the union. Trustee Chessler also verified that this position is an hourly position by fiscal standards but it computes to an annual salary with no overtime. The Board will allow the Road Superintendent to grant comp time at his discretion in the appropriate circumstances. Mr. Hall stated that is correct.
Mr. Hall stated that the union has negotiated this position and the foreman’s position will be eliminated. Mr. Hall stated that he is glad to see Mr. Young step into this leadership role and believes he will be an excellent administrator for the Road Department.
Trustee Chessler made a motion that the Board appoint David Chris Young to the position of Assistant Road Superintendent effective immediately under the following terms; at a rate of $24.75 per hour ($51,480.00 annually), $400.00 annual uniform allowance, will not be eligible for overtime but will be eligible for compensatory time at the discretion of the Road Superintendent, six month probationary period and during that time Mr. Young will have the ability to request reinstatement as a Road Maintenance Specialist anytime during that six month period or in the event that position would be terminated; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Law Director: None.
Zoning: None.
Parks/Recycling:
Consider Purchasing a Tarp System for the Recycling Roll-Off Truck
Trustee Chessler stated that Park/ Recycling Superintendent Kenny Shreffler has asked the Board to consider purchasing a tarp system for the recycling roll-off truck. Administrator Fetzer stated that under the recommendation of Senior Mechanic Dale Lake, Mr. Shreffler is asking the Board to authorize the purchase of a new tarp system which was budgeted for previously in the amount of $5,950.00. The current tarp system was purchased approximately eight (8) years ago. Two quotes were obtained: Voltz for $5,950.00 and Mountain Turf for $7,420.00. A third quote was not able to be obtained as most companies do not have the item readily available. If the purchase is made from Voltz they will be able to swap out parts from the old tarp system. Mr. Haines stated that the current tarp has been replaced twice and it is shot again. As far as the mechanisms, there are pins that can’t be replaced and it has reached its point of repair.
Trustee Haines made a motion that the Board authorize the purchase from Voltz Industries for the tarp system for the recycling roll-off truck at a purchase price not to exceed $5,950.00; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Executive Session(s): 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.
Announcements:
1. Day Light Savings Time- March 11, 2012. “Before you go to bed, turn your clocks ahead.”
Public Speaks-Open Forum:
Fred Anania- 4061 Knolls Ave. SW, Massillon. Mr. Anania stated that he attended the last meeting with some concerns regarding Tanker #24 at Fire Station #2 which is no longer to respond to mutual aid calls in emergency mode. Mr. Anania stated that there were numerous things said but the one thing that stuck in his head was that other Townships were going to do the same thing. Mr. Anania stated that he took it upon himself to call five (5) other Townships close to Perry Township and everyone said that when they are called for mutual aid for their tankers they run lights and sirens unless incident command tells them not to. Mr. Anania stated that he can not get it around his head of why we have to be different from the rest. That tanker has been running up and down Navarre Rd. SW safely since 1984 and now all of sudden we can’t do it on mutual aid calls.
Chief Martin stated that the City of Massillon could say the same thing. They ran their ladder truck up and down that road safely for who knows how long and we all know how that resulted in one incident. We don’t have a responsibility from an emergency point of view to support any other community. We are simply there as a support. Chief Martin stated that there are other Townships, not necessarily local, that do not run hot and he is going to stand by that. As the Chief of the department, his job is risk management and he’ll manage that risk how he sees fit.
Mr. Anania inquired what if other Township’s felt that way towards us when we need water. This just doesn’t make any sense. Chief Martin stated that in a community where they need water, that fire is already beyond the capabilities of the water that is being brought. There is no saving that structure. Sometimes it is very difficult for people to accept the change that occurs from the 1960’s or the 1970’s to 2012 but that change does happen. It is difficult for people to accept sometimes. There was a time when there were no seat belts in cars and now we have them. There was a time when there were no air bags in cars and now we have them. Those are all risk management principles. There was a time when the Fire Department ran every EMS call in the emergency mode. Now the Fire Department runs very few of them to the hospital in the emergency mode. It’s a principle of risk management, and in the 158 page report put out by FEMA, they looked at forty-two (42) tanker accidents. In those forty-two (42) tanker accidents there were thirty (37) fatalities. When you crash a tanker, there is a very good chance that you are going to die. Chief Martin stated that he is not going to take that risk when it comes to protecting some other community. The tanker can still run hot in Perry Township which is where our responsibility is. Perry Township is not under any obligation under the Ohio Revised Code (ORC) to run emergency mode to any call. The risk is too great in a vehicle of that size and weight while traveling to another community in the emergency mode. There is an alarm for tankers and when that call comes in to dispatch based on certain criteria they dispatch those tankers immediately so that there is no time lapse. In reality, the difference between running emergency and running hot is only about one (1) minute. When it’s a case of that type for water, it’s not going to make any difference.
Trustee Chessler stated that Mr. Anania brought this issue forward at the last meeting and Chief Martin addressed his concerns. Mr. Anania brought this issue forward again this evening and Chief Martin has addressed those concerns. Trustee Chessler stated that he can tell that this is something that Mr. Anania is upset about and he is noting something that is in his mind is a dramatic shift or change in the way that things use to be done. Trustee Chessler stated that he doesn’t disagree with it and he knows that there may be considerations the other way. Mr. Anania stated that things might have been done differently in the 60’s and 70’s but the good ‘ole boys got the job done. Chief Martin stated that this organization today gets the job done everyday.
Becky Anania- 4061 Knolls Ave. SW, Massillon. Mrs. Anania stated that she agrees with her husband. Mrs. Anania stated that she doesn’t understand why Perry Township is doing this while all of the surrounding Townships are not. This is giving us a “black eye” so to speak. Trustee Chessler stated that things come up and we look at our neighbors to see how they do things and sometimes we find a better way. It’s good to be a copy cat and sometimes it isn’t’. It’s beneficial to look to them but it isn’t always in our best interest to do something the same way that someone else did. Trustee Chessler stated that he hears what Mr. and Mrs. Anania are saying about other places doing things in a different manor or not having changed as we have but we try to put people in the important roles of Fire Chief and Police Chief so that the Township has the benefit of their wisdom and experience and when they give us that he is hard pressed to (unless there is a compelling reason) trump what the Chief says is the best way to go. When you are talking about risk management and looking out for the best interest of our community there can be a difference of opinions. Mrs. Anania stated that the best interest of the community would be if we need mutual aid to get the help as soon as we can. Trustee Chessler stated that he will leave it to the professionals and he has never sensed or heard any of that occurring where someone has declined mutual aid. Trustee Chessler stated that he would have a hard time believing that well intended, good individuals from all communities wouldn’t come to the aid of the other because of something like this. Trustee Haines stated that in meeting with Chief Martin, we have policies at our Fire Department based on what the call is. It is already set up at dispatch who is responding to mutual aid calls with what tankers. We know that we are the first responders and we’re going to have a truck there with 750 gallons of water to start fighting that fire with our tanker following that. Plus if we call for mutual aid we will have four (4) more tankers coming to bring us water. Trustee Haines stated that he would hope that surrounding Townships have similar policies set up for mutual aid because so much of it is preventative and just having those policies makes him feel good. Trustee Haines stated that with him just learning how the Fire Department runs he was impressed.
Trustee Chessler stated that Mrs. Anania had previously brought up the issue of morale and encouraged the Board to speak to the members on the Fire Department. Trustee Chessler stated that he has been making contact with the Fire Department employees but he is not quite done yet. Upon completion, Trustee Chessler stated that he would let Mrs. Anania know the outcome of those conversations.
Bard Huntsman-4025 Prosway SW. Mr. Huntsman stated that he doesn’t understand why the Fire Department can’t run lights and sirens to mutual aid calls. Trustee Chessler stated that he recognizes the importance of mutual aid but he does draw the distinction between the people of Perry Township who we are ethically, morally and legally responsible for. Mr. Huntsman stated that he is not satisfied with risk management being used as an excuse and he doesn’t understand the logic behind it. Trustee Haines stated that you can’t say that you will run hot 100 yards further but I can’t run hot fifteen (15) miles away. You have to have a policy that states all the way around. Mr. Huntsman said that surrounding departments are going to be coming to Perry Township hot but we aren’t going to do the same for them and it’s not right. Mr. Hall stated that from a liability perspective he has to be supportive of Chief Martin. Within Perry Township, we are the first responders and when you are the first responder by statute within your own jurisdiction he is willing to take the increased risk. The management is higher because the risk is more prevalent and important. Mr. Hall stated that when we are responding as back up or supplemental water to a fire that is already in progress that community has already met their first responder obligations. It’s not imperative and the risk is less so the liability should not be increased. Mr. Hall stated that Chief Martin is exercising good leadership and has made a good recommendation for the Township.
Adjournment:
With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 8:04pm; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Craig E. Chessler, President
Joe Schlegel, Fiscal Officer