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
March 15, 2016 7:00 pm
Call to Order/ Pledge of Allegiance:
Excused absence: Charles Hall, Law Director; Scott Weckbacher, Zoning Inspector
Additions/Deletions to Agenda:
Public Hearings/Invited Guests:
Step 2 Grievance Submitted by Adam Reiger on 02/23/16
Trustee Haines stated that we have two (2) Step 2 Grievances from the Fire Department this evening and will hear these individually; the first Grievance was submitted on 2-23-16. Trustee Haines stated to Adam Reiger that if he would like to make his statements first, we will then hear from Chief Martin.
Adam Reiger introduced himself and stated that he is the President of Local I.A.F.F. Local 3960 and gave a brief summary of the presented grievance before the Board.
Chief Martin also gave brief remarks in regard to the 2-23-16 filed grievance.
The Board made several inquiries and brief remarks regarding the information presented.
Trustee Haines verified that the Board has thirty (30) days to direct a ruling. Trustee Chessler further verified that the Board has thirty (30) days from the receipt which is the 23rd of this month. Adam confirmed that it would be the 23rd of this month of March.
Adam verified that Step 2 is unresolved and Step 1 – will hold such hearings as necessary to provide a written response to the grievant within thirty (30) days of the receipt of the grievance.
Trustee Chessler suggested that the Board hear the second grievance and then adjourn into Executive Session.
Step 2 Grievance Submitted by Adam Reiger on 03/09/16
Adam Reiger gave a brief summary of the second grievance presented before the Board.
Chief Martin also gave brief remarks in regard to the second 03/9/16 filed grievance.
The Board made several inquiries and brief remarks regarding the information presented.
Trustee Haines conferred with the Board if they would go into the Executive Session now or at the end of the Agenda. It was confirmed that the Board would continue on with the Agenda and finish with the Executive Session.
Trustee Chessler also confirmed that after the Executive Session, the Board would render a decision adding that they may ask the Law Director to formalize that in writing.
Communications:
Letter to the Board from Father Kaylor~Central Catholic High School
Trustee Haines read aloud the letter submitted to the Board from Father Kaylor indicating that on August 6, 1996 Perry Township and Canton Central Catholic High School entered into a lease agreement. The purpose of this lease was that the residents of Perry Township could use designated land on the campus of Central Catholic High School for recreational purposes using designated ball fields and tennis courts when said facilities were not in use by Central Catholic students. Father Kaylor’s letter indicated that Central Catholic High School would like to make an improvement to the leased “Recreational Property”, by adding a permanent outfield fence to their softball field; this improvement to be completed by the Perry Township business, Southway Fence Company, and hopefully be completed before the opening game of the 2016 season, Monday, March 28, 2016. Father Kaylor also included proposals from Southway Fence Company as well as Excalibur Fence Company.
Trustee Chessler indicated that he had spoken to Father Kaylor and added that he had asked him to put this request in writing. Trustee Chessler verified that Central Catholic has an offer for a fence to be constructed at no cost to the Township; the labor and the materials will be provided and added that there were two sketches included and briefly described the position of said fence. Trustee Chessler stated that again, there will be no cost to the Township or to the school and added that this fence would not impose on the portion of the land that is used by the soccer groups.
Trustee Chessler made a motion that the Board respond to Father Kaylor indicating the Board of Trustees gives its consent to construct the permanent improvement at the land that is owned by the diocese and leased to the Township for the fence around the field that is used for the girls softball games this year and to proceed with that immediately; Seconded by Trustee DeChiara.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Consider MOU for Joint Grant Application Stark County Sheriff, City of Canton, City of Massillon, Jackson Township and Perry Township
Trustee Chessler stated that he would direct the Board’s attention to the supporting documents before the Board and referred to page 22; this project is being pursued jointly by the City of Canton, the Stark County Sheriff’s Office, Jackson Township, Perry Township and the City of Massillon. Trustee Chessler stated that this is a collaborative effort where we are seeking to get funding from the state, Kirk Schuring, our representative, has been instrumental in getting the bill passed through the legislature, that allows funding for safety force measures and this legally would fit neatly into that criteria for this. Trustee Chessler explained that what we are doing is asking each for $100,000 or $500,000 total, to upgrade the public service answering points, more specifically to buy new consoles; there is a more detailed description on why and what they would be used for.
Trustee Chessler indicated that Jackson Township is taking the lead in getting this collaborative effort reduced to writing in this application. Trustee Chessler stated that there would be no cost to the Township to get this money, adding that there is a deadline of March 28, 2016 pending to having this submitted.
Trustee Chessler made a motion that the Board of Perry Township Trustees join with the Stark County Sheriff’s Office, the City of Canton, Jackson Township and the City of Massillon to make application by way of a Memorandum of Understanding between the collaborative partners to seek funding from the state in the amount of $500,000 for two (2) years; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. DeChiara, yes.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business: None.
New Business:
Trustee Haines made a motion to approve bills and payroll in the amount of $121,867.71 for the week ending March 8, 2016 and bills in the amount of $44,962.14 for the week ending March 15, 2016 for a combined total of $166,829.85; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Fiscal Officer:
Consider Accepting 03/01/16 Meeting Minutes
Trustee Haines made a motion to accept the March 1, 2016 meeting minutes; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Administration:
Consider Continuing Contracted Services with Stark Soil and Water Conservation District to Fulfill NPDES Unfunded Mandates~$5,000
Administrator Fetzer stated that the Township is mandated to file the annual NPDES (National Pollutant Discharge Elimination System) report on an annual basis that is due on April 1st of each year. The Township contracts these services out to Stark Soil and Water Conservation District, the attached documents referring to the $5,000 invoice; also a list of reviews by each community as well as the list of the total number of inspections. Administrator Fetzer referred to the last large document which is the Memorandum of Understanding that the Board created on February 18, 2014; indicating that this document will carry us through to 2018. Administrator Fetzer stated that this was attached for the Board’s reference and added that there was no need to sign anything at this point.
Trustee Chessler made a motion that the Board continue with its ongoing obligation of this unfunded mandate and the Board will authorize the payment to Stark Soil and Water Conservation District pursuant to our Memorandum of Understanding with them in the amount of $5,000 for the services that they render in helping us comply with the NPDES program requirements; Seconded by Trustee DeChiara.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Fire Department:
Consider Purchasing Equipment Needed to Improve Mobile Electronic EMS and Fire Reporting
Fire Chief Martin stated that the Fire Department is requesting that the Board of Trustees authorize the Fire Department to spend up to $11,525.00 to implement a mobile electronic EMS patient care and fire reporting system department wide. The move to an electronic based patient care and fire reporting system will allow the Fire Department to utilize a more secure and professional information gathering system. Chief Martin stated that he would refer to Matt Gatchell who had chaired the committee to evaluate this system to briefly share more information in this matter as well as answer any questions the Board might have.
Matt Gatchell gave a brief summary in regard to the evaluation that he, along with committee members, Deputy Chief Abbott, part-time District Chief Silla, Captain Riggs, Firemedic Ritz, Firemedic Gray and Part-time EMT Fisher were assigned to assess the different mobile EMS reporting systems available and make a recommendation on which system to consider.
After contacting and evaluating five (5) various systems, the committee agreed that IPad Mobile Solutions was the reporting system that provided the best overall features for Perry Township. IPad Solutions is a local company that has tailored its software to Stark County protocols. IPad Solutions is used by Jackson Township Fire, Plain Township Fire, Canton Township Fire, Canal Fulton Fire, City of Massillon Fire and many other departments in Stark County. IPad Solutions is also capable of additional information to responders such as: sprinkler connections, hydrant locations and route mapping.
Matt indicated that there is no contract with IPad Solutions so we could opt out if at some time a better reporting system is identified. The cost of utilizing the IPad Solution program is $1.00 per report. Per the attached information before the Board, there are multiple pieces of hardware that would need to be purchased adding that some services will have continuing costs.
Trustee Haines verified that the cost is not to exceed $11,525.00 and then yearly we will have a $550.00 fee plus $1.00 a report and that is not counting the $500.00 per month that we pay Verizon. Basically, with maintenance per year is $550.00.
Matt stated that to see the progression of this program since its inception, their crew were the first ones in the county to use the system and added that they have watched the development of this system throughout the last 2 ½ years and the strides that it has made has been tremendous.
Trustee DeChiara stated that he would like to make a motion that the Board authorize the Fire Department to implement a mobile electronic EMS patient care and fire reporting system at a cost of $11,525.00 for start up, that will not include ongoing annual fees and printer charges as well as the yearly maintenance fees of $550.00 for the first year; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara.
Trustee Haines stated that on behalf of the Board would like to thank Chairperson Matt Gatchell and the committee members for all of the work they have put into this evaluation.
Consider Re-Advertising Police and Fire Vehicle Technician Position
Trustee Haines stated that the next item on the Agenda is to consider the re-advertising of the Police and Fire Vehicle Technician position adding that this is listed under Fire, but as Chief Martin indicated, it is combination Police and Fire.
Chief Martin stated that as the Board is aware, this position has been previously advertised and briefly explained that they have not yet been able to draw candidates that complied with the job description and certifications. Chief Martin indicated that several more features have been added to the application process noting that any applicant would be required to submit all of their certifications, verifications and documentations; also, any job responsibilities that are training issues that they may have to encumber. Chief Martin relayed that originally the starting wage was set forth at $18.00 per hour and Chief Pomesky suggested a range of $18.00-$20.00. Chief Martin indicated that this $2.00 increase may allow them to track a better candidate.
Chief Pomesky indicated that the corrections/additions to the application process will hopefully accommodate us in attracting a good, qualified candidate.
Trustee Haines inquired if there was an end date indicated on the application process. Chief Martin verified that applications would be accepted until Friday, April 1, 2016.
Trustee Chessler made a motion that the Board of Trustees approve the job description submitted for the Police and Fire Vehicle Technician; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Trustee Chessler made a motion that the Board authorize that the position of Police and Fire Vehicle Technician be advertised as appropriate with the submissions to be made to the Township Hall on or before the close of business on April 1, 2016; Seconded by Trustee DeChiara.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Police Department:
Road and Park Department:
Consider Purchase of Snow Plow Hitch Assembly for 2016 Freightliner Dump Truck
Road Superintendent Masalko stated that the Road Department is asking the Board’s permission to purchase a snow plow hitch for the 2016 Freightliner-108SD model purchased this year. This item for the 2016 Freightliner has been budgeted for purchase. Two (2) estimates were obtained for this purchase:
1. Ace Truck Equipment – $3,668.00
2. Gledhill Road Machinery Company – $3,937.00
Road Superintendent Masalko indicated that after looking over the quotes with head mechanic, Dale Lake, is recommending to the Board to use Ace Truck Equipment at a cost of $3,668.00.
Trustee Chessler made a motion that based on the request of the Road Superintendent and the information presented, the Board authorize the purchase of a snow plow hitch from Ace Truck Equipment at a cost not to $3,668.00; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Law Director: None.
Zoning: None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Police Department:
Police Activity Reports – January and February 2016
Road Department: None.
Parks/Recycling: None.
Zoning: None.
Law Director: None.
Upcoming Events:
~Perry Township Spring Clean Up Day – Saturday, April 23, 2016 from 8:00 am to 4:00 pm at the Perry Township Road Garage, 1500 Jackson Avenue SW, Massillon. Employees will be available for unloading. Please visit www.perrytwp.com for additional details.
Public Speaks-Open Forum:
Lee Laubacher, 5006 14th St. SW, Canton – Mr. Laubacher stated that he had several items that he wanted to address. Last August he had started to talk to Zoning Inspector Weckbacher about a property at 127 Saratoga SW. There are three (3) cars at this location that have not moved for the last four (4) months; there is garbage all beside there as well. Mr. Laubacher indicated that Zoning Inspector Weckbacher started sending out letters out in November and added that he has contacted him a number of times and nothing is getting done. Mr. Laubacher stated that it is in his neighborhood and he wanted something to get done. Mr. Laubacher added that the grass will soon be growing up all around these vehicles and also indicated that there are garbage containers beside the cars that are in this driveway. It is two houses south of Kraus’s Pizza, west of Bordner.
Trustee Haines indicated that they would follow up regarding this matter with Zoning Inspector Weckbacher.
Mr. Laubacher indicated that the second thing is regarding the recycling stations; the recycling station next to the Administration Building is paved and the station next to the Road Department has a very nice area, but the recycling station at Southway and Perry has huge, big holes. Mr. Laubacher stated that he had asked Road Superintendent Masalko a number of times to fill the holes. Mr. Laubacher stated that there is one hole that is probably four and a half to five feet wide in part of the older area adding that the area where the dumpsters are located are a mess. Mr. Laubacher stated that he felt that something should be put down to fill up those holes and make that a property that is beneficial to the Township.
Trustee Haines inquired of Road Superintendent Masalko if we had anything that could be used to fill that area. Road Superintendent Masalko indicated that we could use some grindings to fill that area.
Trustee Haines indicated that they would take care of this and Mr. Laubacher expressed his thanks.
Christian Walton, 2944 12th St. NW, Massillon – Mr. Walton stated his complaint is regarding the water drainage along 12th Street. Mr. Walton indicated that his yard gets flooded in the back and added that his neighbor had to put in a drain along his garage door so that the water could run there adding that the pipe went all the way to the back. Mr. Walton indicated that every time it rains the water does not drain off there. Mr. Walton also added that when they built the new properties across the street, it got considerably worse.
Trustee Haines inquired if there was a ditch through the back yard. Mr. Walton indicated that there was a ditch with grates over top, but added that they are up too high for any water to run into them. Mr. Walton stated that he wouldn’t really call it a ditch, it is just where the properties come together and it is a little bit lower in the back where it’s supposed to be able to drain the water. Trustee Haines inquired of Mr. Walton if that was a county easement ditch. Mr. Walton indicated that he has had the county out there a couple of times and that is what they told him.
Trustee Haines indicated that he wanted to verify that this was a county easement and added that if it is, he would recommend that Mr. Walton fill out a ditch report and send it to the county commissioners. Trustee Haines added that they would also get with Gary Conner of the county engineer’s office to come out to look at this.
Trustee Haines indicated that after this evening’s meeting, they could print out a ditch report for Mr. Walton to file with the commissioners. Mr. Walton again indicated that the county engineer has previously been out there several times; Trustee Haines stated that if a ditch complaint report was never filed, there was no way to indicate that a request was previously made. Trustee Haines stated that this would be Step One in the process.
Executive Session(s):
Trustee Chessler made a motion that the Board adjourn into Executive Session pursuant to ORC 121.22 (G)(1) to discuss the compensation for a Township employee with possible action to be taken at the adjournment of the Executive Session; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
The Board adjourned into Executive Session at: 8:05 pm
The Board adjourned from Executive Session at: 8:35 pm
Trustee Haines stated that more discussion needs to take place regarding the Step 2 grievance from 2/23/16. Trustee Chessler stated that in reviewing the totality of the provisions that were involved, one thing that the Board focused on is in order to qualify and get the AOIC.
Trustee Chessler stated that in regard to the Conference grievance, the Board discussed the grievance as having two parts. One had to do with the president’s ability and discretion to delegate; the other had to do whether or not that delegate could be a probationary union employee.
Trustee Chessler stated that going to the second part first and looking at the language there that comes into play, it states that only the local president or his delegate shall be granted time to attend functions and we didn’t find, looking at all the provisions there and reading it with other things, that there was any language there that would restrict or limit or preclude the delegate being a probationary employee. Trustee Chessler stated that as a matter of fact, the Board’s preference would be to have all employees, especially those probationary employees that are learning, to attend educational events. Trustee Chessler stated that they went back and forth even though that delegate could be a probationary union employee. Trustee Chessler stated that the more reasonable interpretation was that in the context of this multiple day event that this language contemplates that first of all, the selection of a delegate would only be in the inability of the president to attend and it would be straining the intent of that to allow that selection over a multiple day event to be rotated. It says delegate so to delegate more than one person going to that event that is multiple days, we would be delegates. Trustee Chessler stated that the conclusion that the Board came to is that we would deny the grievance to the extent that the selection can be rotated for multiple persons, especially in light of the fact that the president was going to be among the delegates at one point, but that the language in this provision did not restrict or limit the president’s choice in the event a lawful delegation was to be made to be a probation employer in the bargaining unit.
Trustee Haines verified that only one delegate or the president would be entitled to go to a multi day seminar so therefore it is denied. Trustee Chessler stated that was correct, but added that the Board wanted to emphasize the point that we didn’t see any language in this as it is written that would preclude a probationary employee that is accepted in the bargaining unit from being a delegate consistent with what we have previously said that it is a properly made delegation. Fiscal Officer Schlegel inquired if we would make a motion for this.
Trustee Haines verified that basically what we are reporting is Part I of that is denied that is to be a delegate.
Trustee Chessler made a motion that the grievance before the Board tonight on this matter is denied in part and granted in part consistent with the explanation that we’ve made and we will have the Law Director put that in a succinct form in writing and provide that to you within the time period that we have to take further action on that if possible; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Trustee Haines indicated that the second grievance was in regard to the AOIC. Trustee Chessler also added that we focused on the fact that this came down to a requirement in the language of the provision that was sighted that required eight (8) hours to be worked and in both instances, that eight (8) hour requirement wasn’t met; for that reason, we would vote to deny that grievance as well; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Adjournment:
With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 8:41 pm; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Doug Haines, President Joe Schlegel, Fiscal Officer