Regular Meeting

Perry Township Board of Trustees

Regular Meeting

December 6, 2011 7:00pm

Call to Order/Pledge of Allegiance:

Excused absence:  Scott Weckbacher, Zoning Inspector- Attending Stark County Regional Planning

Additions/Deletions to Agenda:

Trustee Laubacher stated that the Board received a “Thank you” letter from Mr. Robert Jones, Stark County Veteran of the Year 2011.

Public Hearings/Invited Guests:

Mark Phillips, Road Foreman- 33 Years of Service

The Board presented Mr. Mark Phillips with a plaque acknowledging his retirement and thirty-three (33) years of dedicated and professional service to the Perry Township Road Department and citizens of Perry Township.

Acknowledgements- Fire Department Members Rick King, Matt Gatchell and Tony Gentile

The Board and Chief Martin presented Firemedic Rick King, Firemedic Matt Gatchell and Firefighter EMT-B Tony Gentile with a certificate of acknowledgement for their dedicated service in saving a gentleman’s life on November 26, 2011.

Bob Fisher & Lisa Brown- Huntington Insurance Brokers- Proposed Insurance Presentation and the Health Benefits Insurance Committee

Mr. Fisher presented the Board with updated information as requested by the Board.  The Insurance Committee met to discuss Aultcare vs. SummaCare.  Each department representative was asked to collect information from their employees regarding how they would be affected if the health insurance changed from Aultcare to SummaCare.  Upon discussions it was found that several employees would have to change several of their doctors and some of their prescriptions would change to the $25.00 tier.  In further discussions with Aultcare they proposed a final renewal rate of 0.98%.  The Insurance Committee is strongly in favor of staying with Aultcare given the length of the relationship.

Trustee Laubacher stated that he sat on the Insurance Committee and he asked the employees for reasons of why he should vote to stay with Aultcare.  A number of items came up in the meeting and discussions were had as to why the employees wanted to stay with Aultcare.  Many employees stated that it was important to them to be able to keep their current doctors whom are not covered by the SummaCare plan.

Trustee Chessler stated that he expressed his opinion at the last meeting.  The Township is now in a better position today having narrowed the cost gap.  It is difficult to put a dollar value on being able to stay with the doctors that you have a relationship with and being able to go to a facility that you have become comfortable with.  The process too is something that is sure to be different and as cumbersome as insurance forms are now, the Township has grown accustomed to this process.  Trustee Chessler stated that he expressed his preference last time this was discussed and since it has only moved in a better direction he concurs with the Insurance Committee’s recommendation to stay with Aultcare.

Trustee Capaldi stated that she believes that Aultcare saw that Perry Township was seriously considering moving to SummaCare and their retention department kicked in and appreciates their willingness to value the relationship with Perry Township.  Trustee Capaldi stated that she also appreciates the utilization improvements that the employees have made which lended to the savings.

Trustee Laubacher thanked Mr. Fisher for going out and trying to get the renewal rate lowered.  Mr. Fisher reminded the Board that the optional Health Savings Account (HSA) plan is still available to the employees of Perry Township.  The Board will need to provide direction as to the Township’s contribution to the HSA for the individuals who are enrolled.  Mr. Fisher suggested that the Board continue to practice what was done in 2011 by taking the difference and making the contribution to the HSA as an incentive for employees to enroll in this plan.  Mr. Schlegel stated that the difference between Aultcare and SummaCare is $26,995.00.  Trustee Chessler stated that there is shared concern that should the Township go to SummaCare for the lower cost this year and terminates with Aultcare it would be difficult to go back if needed.  These are the intangible things that are difficult to put a dollar amount on.

Trustee Chessler made a motion that the Board renew the Township’s employer supplied health care coverage with Aultcare based on the latest and lowest figures that they have quoted and also renew in the same terms the HSA contributions that the Township had in 2011; Seconded by Trustee Laubacher.

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

Communications: 

Letter of Concern Received from Rick Shefelton Regarding “Your Sports Bar”

Chief Pomesky stated that he received several complaints Mr. Shefelton and Mr. Boron regarding trash and bottles found in their yard, trash and noise from “Your Sports Bar.”  After researching the complaints, Chief Pomesky stated that these are matters that can be addressed by providing extra patrol within the area.  Chief Pomesky stated that he spoke to the complainants regarding “No Parking” signs and they are not interested in that at this time.  Chief Pomesky stated that he has an appointment with the owner of the bar to go over these matters.  The manager of the bar stated that they are already taking the necessary steps to remedy these issues. 

Trustee Chessler stated that he has been in contact with Scott Weckbacher, Zoning Inspector regarding contacting the Stark County Health Department to see if they are in compliance as far as the rules and regulations for patios and proximity of these activities to residential areas.  The Perry Township Board of Trustees has the opportunity to object or not object to the renewal of every liquor permit within the Township each year.    If these complaints or complaints of a similar nature continue the Board does have the ability to voice their objection of the proposed renewal.

Public Speaks on items up for Board Approval: None.

Township Business requiring Board Action:

Unfinished Business:

Consider Placing .05 Mill Police Levy Renewal on the Ballot

Mr. Hall stated that the Board has already been informed by previous memorandum that the .05 mill Police Levy expires next year.  Resolution has been prepared to have the levy placed on the March 6, 2012 ballot for renewal for a period of five (5) years.  This will begin to be collected in tax year 2013. 

Trustee Capaldi made a motion that the Board authorize the .05 mill Police levy to be placed on the March 6, 2012 ballot; Seconded by Trustee Chessler.

Trustee Capaldi stated that each time the police levy renewal comes up there is discussion to combine the police levies.  As previously discussed, the time to combine the levies would be when the largest levy is up for renewal to be sure that there is not a loss of personal property tax.  Mr. Schlegel stated that it would be smart to wait until he is not in a cycle where he is up doing a levy all of the time.  You want to do a year where he is not doing that and you can put them all together.

Trustee Chessler inquired if the Township has complied with the millage certification and the money that will be generated from the millage.  Mr. Hall stated that is correct and the Township has the Auditors certification and assuming that the Board approves this matter this evening he will get Mr. Schlegel’s certification to file with the Board of Elections tomorrow.

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

Consider Signing and Ratifying the FOP- Police and Detective Collective Bargaining Agreement

Mr. Hall stated that he has prepared the FOP- Police and Detective collective bargaining agreement 2010-2011-2012 for the Board and it is ready to be approved and signed.  For reasons beyond the Board’s control the final, complete and correct document has been approved and signed by himself and Charles Wilson, FOP Attorney.  The last change that was made to be corrected was Article 32- Compensation, page 44, which reflects that there is a re-opener for 2012 and the Board is aware that there are negotiations with the patrol officers and detectives as to what the wages will be in the next calendar year.  The shift differential had an error which was caught and corrected by Chief Pomesky and Deputy Chief Carbenia.  The prior contract omitted the field training officers stipend which was also caught and corrected by Chief Pomesky and Deputy Chief Carbenia.  The agreement has been reviewed by Mr. Hall, Chief Pomesky, Deputy Chief Carbenia and Charles Wilson on behalf of the collective bargaining unit.   Mr. Hall stated that the agreement is correct, complete and without error and asked the Board approve and sign this agreement.

Trustee Chessler made a motion that the Board to authorize itself to execute the master copies of the collective bargaining agreement with FOP; Seconded by Trustee Capaldi.

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

New Business:

Trustee Laubacher made a motion to approve bills in the amount of $135,933.00 for the week ending November 29, 2011 and approval of bills and payroll in the amount of $213,799.72 for the week ending December 6, 2011 for a combined total of $349,732.72; Seconded by Trustee Chessler.

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

Fiscal Officer: 

Mr. Schlegel inquired what time the Board wanted him to schedule the first budget hearing time for the December 13, 2011 Work Session.  Trustee Chessler stated that 7:15pm would be fine and suggested that Department Head evaluations be held at the same time.  The Board agreed.

Trustee Capaldi made a motion to approve the minutes from the November 22, 2011 Regular Meeting;  Seconded by Trustee Chessler.

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

Administration: 

Consider Payment of Ohio EPA Annual Discharge Fee Invoice- $1,500.00 (Unfunded Mandate)

Administrator Fetzer stated that the Board has received the annual Ohio EPA discharge fee invoice of $1,500.00 which is due by January 30, 2012.  Over five hundred (500) entities in Ohio including Townships, Villages and Cities are required to obtain an annual discharge permit.  Administrator Fetzer asked the Board to consider making a motion for the annual MS4 permit in the amount of $1,500.00.

Trustee Capaldi made a motion that the Board comply with the annual Ohio EPA discharge fee for the MS4 permit in the amount of $1,500.00; Seconded by Trustee Chessler.

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

Fire Department:

Consider the Purchase of Smoke Alarms from First Alert

Chief Martin asked the Board to consider the purchase of one thousand (1,000) smoke alarms from First Alert.  Each smoke alarm is $20.80 for a total not to exceed $20,800.00.  This purchase is covered under the grant from FEMA that the Fire Department received in July.

Trustee Chessler made a motion that the Board authorize the purchase of one thousand (1,000) personal alert alarms from the First Alert company at a unit cost of $20.80 for a total cost not to exceed $20,800.00; Seconded by Trustee Laubacher.

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

Police Department:

Consider Ammunition Purchase

Chief Pomesky asked the Board to consider the purchase of ammunition for the Police Department.  As the Board is aware all sworn individuals at the agency in order to keep their certification active through the State are required to qualify for both safety and proficiency reasons each year.  Both duty ammunition and training and quality ammunition were priced and the quotes were attached for the Boards review.  Chief Pomesky stated that he attempted to get four (4) quotes but only two (2) quotes were turned into him.  Vance’s Law Enforcement quoted $7,633.90 and Atwell’s quoted $10,586.00.  Based on the pricing, Chief Pomesky recommended that the Board approve the purchase from Vance’s Law Enforcement for $7,633.90.

Trustee Laubacher made a motion that the Board authorize the purchase of ammunition from Vance’s Law Enforcement at a total cost not to exceed $7,633.90; Seconded by Trustee Chessler.

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

Consider Purchase of Wingfoot Tires

Chief Pomesky provided the Board with an invoice from Maintenance Supervisor Gary Swisher from Wingfoot Tires in the amount of $1,007.40 for the purchase of tires.  The price of tires has gone up individually.  This is a product of two (2) invoices put into one (1).  Four (4) tires were ordered for car 116 and Maintenance Supervisor Swisher ordered ten (10) additional tires for stock. 

Trustee Capaldi made a motion that the Board approve payment to Wingfoot Tires in the amount of $1,007.40; Seconded by Trustee Chessler.

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

Consider Accepting $500.00 Donation to the PRIDE Program from Steve Toohey- Guy Cecchini- Humanitarian Award presented by Perry Township Rotary

Chief Pomesky stated that the Police Department recently received a $500.00 donation from the Stark County Community Foundation.  The donation was made to the PRIDE program.  Mr. Steve Toohey recently won the Guy Cecchini Humanitarian Award and as part of the award he was able to pick an organization to donate $500.00 to.   Chief Pomesky stated that he is thankful that Mr. Toohey picked the PRIDE program because it is often over looked.

Trustee Capaldi made a motion that the Board accept the award from Rotary paid to the Township on behalf of Steve Toohey having received the Humanitarian Award for $500.00 to the PRIDE program; Seconded by Trustee Chessler.

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

Consider 2012 Prisoner Transportation Agreement with the City of Massillon

Chief Pomesky asked the Board to approve the 2012 Prisoner Transportation Agreement between Perry Township and the City of Massillon.  The contract price for 2012 is $41,700.00.  The Township paid $42,000.00 in 2011 therefore the price has gone down slightly. 

Trustee Laubacher made a motion that the Board approve payment of $41,700.00 to the City of Massillon for the Prisoner Transportation Agreement for 2012; Seconded by Trustee Chessler.

Trustee Chessler inquired if Mr. Hall has had an opportunity to review the agreement.  Mr. Hall stated that he has reviewed the agreement and nothing has changed since the previous year except for the price.

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

Road Department:

Consider Purchase of Road Salt

Mr. Masalko asked the Board to consider the purchase of road de-icing salt for 2012.  The road de-icing salt will be purchased in the amount of $238,280.46 which is $48.96 per ton.  There was an increase in the price per ton by $0.98 from 2011.  Mr. Masalko stated that the Road Department is also requesting the services of DRS Incorporated for the salt elevation.  Mr. Hall stated that the purchase of salt was competitively bid through the cooperative agreement with the Stark County Engineers.  Mr. Schlegel stated that the purchase of salt was budgeted for in the 2012 budget.

Trustee Capaldi made a motion that the Board authorize the Road Superintendent to purchase road de-icing salt for 2012 at any given time at a price of $48.96 per ton and additional authorize the utilization of DRS Incorporated for the salt elevation for a total amount not to exceed $238,280.46 for 2012; Seconded by Trustee Chessler.

Trustee Chessler inquired if additional salt would be needed if the Road Department would be able to obtain it at this same price.  Mr. Masalko stated yes.

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

Consider Purchase of Salt Spreader

Mr. Masalko asked the Board to consider the purchase of a spinner auger tailgate spreader.  This spreader will replace the last rollgate spreader which is very outdated.  The whole fleet at the Road Department will be equipped with spinner spreaders.  Mr. Masalko stated that he obtained three (3) quotes and Ace Truck came in the lowest at $3,046.00.  Mr. Schlegel stated that this item has been budgeted for in the 2012 budget. 

Trustee Chessler made a motion that the Board authorize the Road Department to purchase a spinner auger tailgate spreader at the price quoted from Ace Truck Equipment in the amount of $3,046.00; Seconded by Trustee Laubacher.

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

Law Director:

POW- SERB Notices Received

Mr. Hall stated that the Township has received two (2) notices from the State Employment Relations Board (SERB) regarding the unfair labor practice charge that SERB has filed against the Perry Organized Workers (POW).  On Wednesday, January 4, 2012 there will be a status conference.  Mr. Hall suggested that Mr. Masalko and Trustee Laubacher accompany him to the conference.  A week later on January 11, 2012 there is an actual evidentiary hearing and Mr. Masalko and Trustee Laubacher will need to be present to reaffirm and testify as to what happened during negotiations.  Mr. Hall stated that as that time gets closer he will be providing memorandums and file briefs for the Board to review.

Zoning: None.

Parks: None.

Executive Session(s):  None.

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.

Announcements:

A.            Records Retention Committee- Fiscal Officer and Board President met on December 6, 2011 at  6:45pm.

Public Speaks-Open Forum:

Bard Huntsman- 4025 Prosway SW.  Mr. Huntsman stated that he liked the new website and requested that the meeting agendas be posted on the website prior to each meeting.  Trustee Capaldi inquired if there was enough time to post the agenda on Tuesday prior to the meetings.  Administrator Fetzer stated that if the Board wanted the agenda posted on the website prior to the meetings there would be enough time to do so.

Adjournment:

With nothing further to come before the Board, Trustee made a motion to adjourn the meeting at     7:54pm; Seconded by Trustee.

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

Lee C. Laubacher,President                                                                        

 Joe Schlegel, Fiscal Officer