Regular Meeting

Perry Township Board of Trustees

Regular Meeting

October 19, 2010 7:00pm

Call to Order/Pledge of Allegiance:

Excused absence: 

Joyce Fetzer, Administrator- Commitment at Stark State College

Scott Weckbacher, Zoning- Vacation

Additions/Deletions to Agenda: None.

Public Hearings/Invited Guests: None.

Communications: 

Letter Received from George W. Davis on October 5, 2010 Regarding Tennis Court Improvements

Trustee Capaldi stated that the Board discussed and responded back to Mr. Davis regarding tennis court improvements.

Letter Received Via Email on October 11, 2010 from Chris Flinn Regarding Parking Concerns on Marion NW

Trustee Capaldi stated that the Board received an email from Chris Flinn on October 11, 2010 regarding parking concerns on Marion NW when baseball is being played at Watson Elementary.  There may be a need for “No Parking” signs and typically the Department Heads and Safety Forces would look into this.  Mr. Masalko stated that he was able to look at the area and speak with Mr. Flinn.  There are a couple of signs missing from Watson’s side of Marion that the Road Department will re-erect.  Mr. Masalko stated that Mr. Flinn would also like “No Parking” signs placed on Rayanna and Russ Ranch which will require Board action.  If individuals are parking on these streets it could cause a problem for the residents.  Mr. Masalko recommended “No Parking” signs on the south side of the streets only.  Trustee Laubacher suggested having one “No Parking” sign at the beginning of the street restricting parking on one side or the other of the street during certain hours.  Trustee Chessler stated that is a good idea because it would solve the parking problem without hindering the residents on Rayanna and Russ Ranch.  Trustee Capaldi stated that Administrator Fetzer has been in contact with Mr. Flinn and suggested that the Board coordinate some communication there.  The Department Heads will look further into this matter and bring their recommendations back to the Board.

Letter Received Via Email from Alan Rinehart Regarding Restriction of Operations for Trash Hauling

Trustee Capaldi stated that the Board received an email from Alan Rinehart regarding the restriction of operations for trash hauling due to noise.  The Township has a noise ordinance but is unable to control the noise of trash haulers.  Trustee Chessler stated that he has spoken to someone regarding this matter once before and the trash haulers have been fairly accommodating to make some adjustments to their routes but somebody has to be first.  Trustee Capaldi stated that the Board will follow up with this matter.

Public Speaks on items up for Board Approval:

Bard Huntsman- 4025 Prosway.  Mr. Huntsman addressed his concerns regarding the Standard of Coverage Study that is being proposed under the Fire Department.  Mr. Huntsman stated that he feels that the money going towards the study could be better used to further staff Fire Station #2.  Trustee Laubacher explained that Chief Martin would like an unbiased third party to come conduct the study so that a strategic plan can be made for the future.  Mr. Huntsman stated that “in the past the Ohio Fire Chief’s have always went with whatever that Fire Chief wanted.  Ask Massillon’s Fire Chief when they did their study.  Ask Jackson’s Fire Chief.  Whatever they wanted them to study they came up with solutions and said you were exactly right, you were exactly right.  When Jackson put in their new station it was yep you’re right, you need a new station.”  Trustee Chessler suggested in the interest of fairness that they allow Chief Martin to make his presentation and then Mr. Huntsman can ask his questions.  Chief Martin stated that he “takes exception to Mr. Huntsman’s innuendos that the Ohio Fire Chief’s, which is a professional organization made up of Fire Chief’s throughout the State of Ohio, are anything other than a puppet for the local Fire Chief asking them to do work.”

Township Business requiring Board Action:

Unfinished Business:

Consideration of Senate Bill 228/ House Bill 344 Requesting Letter of Support as Requested by State Representatives Jay Goyal and Marian Harris

Trustee Capaldi stated that the Board was asked to consider a letter of support regarding Senate Bill 228/ House Bill 344 as requested by State Representatives Jay Goyal and Marian Harris.  Trustee Capaldi stated that she has reviewed this request and feels that it is redundant to controls that are already there and she is not ready to support it without more information.  Trustee Chessler stated that he believes it would provide some disincent for the industrial companies to pursue a rate case in all cases when they will have to factor in that they would only be subject to a limited reimbursement. If they could get a full reimbursement every time they go they might be more inclined to pursue a rate case because the numbers work out to their favor.  This is just merely placing a limitation of fifty percent (50%) on the amount that could be reimbursed. 

Trustee Capaldi inquired why it cost so much to get a rate increase.  Trustee Chessler stated that he is making a comparison to what he sees with the cable TV providers that they are permitted by law to pass through all of those costs in the form of higher bills.  So if a water company wants to pursue a rate increase and they don’t get it but they can still get back those costs that they had to spend to be unsuccessful they are going to pass those things along to their consumers as well.  Trustee Chessler stated that he does not see a down side.  Trustee Laubacher stated that he would call one of the State Representatives to try and obtain more information.  Trustee Capaldi stated that the Board would table this matter until further information can be provided.

New Business:

Trustee Capaldi made a motion to approve bills only in the amount of $30,340.74 for the week ending October 19, 2010; Seconded by Trustee Chessler.

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

Fiscal Officer:

Trustee Capaldi made a motion to approve the minutes from the October 12, 2010 Work Session minutes; Seconded by Trustee Chessler.

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

Administration: 

Direction Requested Regarding Beginning Stages of a Wellness Program

Trustee Capaldi stated that the insurance committee met yesterday and discussed the possibility of a wellness program.  Before further research is done, Trustee Capaldi wanted to be sure that the Board was in support of a wellness program with the idea of reducing insurance premiums.    Trustee Chessler and Trustee Laubacher stated that they were in support of further research.

Fire Department:

Consider Authorizing the Expenditure of $1,500.00 to Pfund Superior Sales for Additional Repairs on Medic #5

Chief Martin asked the Board to consider an additional expenditure on the re-mount of Medic #5. When Pfund Superior Sales pulled the box off they found undetected corrosive damaged.  The cost of the additional repairs is $1,500.00 and it will extend the life of the box.

Trustee Chessler made a motion that the Board authorize Chief Martin to proceed with the steps necessary to repair corrosive damage on Medic #5 at a cost not to exceed $1,500.00; Seconded by Trustee Laubacher.

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

Consider Accepting the Resignation of Part-time Firefighter Chris Tritt

Trustee Capaldi made a motion that the Board accept the resignation of part-time firefighter Chris Tritt effective October 5, 2010; Seconded by Trustee Chessler.

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

Consider Authorizing the Ohio Fire Chiefs to Conduct a Standard of Coverage Study for Perry Township Fire Department

Chief Martin stated the Fire Department would like to consider authorizing the Ohio Fire Chief’s to conduct a Standard of Coverage Study for Perry Township.  Chief Martin presented the Board with a memorandum in June that explained this request.  At that time the Board indicated that they were comfortable with obtaining three (3) quotes.  Chief Martin recommended that the Board accept the bid from the Ohio Fire Chief’s Association for the Standard of Coverage Study.

Company/ Association

Quotes

Ohio Fire Chief’s Association

$13,800.00

Kramer & Associates

$17,400.00

Architectural Resources Corporation

$21,380.00

 

Chief Martin stated that his predecessors really did not lay out a strategic plan for the community and he would be remiss if he did not ask the Board to conduct some type of strategic planning for the future of the community, particularly for those public safety services.  Trustee Capaldi inquired if the Ohio Fire Chief’s have an architect that they work with.  Chief Martin stated that they do have an architect that they work with.  Trustee Capaldi inquired if they all received the same scope of services.  Chief Martin stated that was correct.  Trustee Chessler inquired if this study will result in a document that outlines short term and long term goals and objectives.  Chief Martin stated that was correct.  Trustee Chessler stated that when the Board was searching for a new Fire Chief the Township firefighters wanted the department to be more progressive, take a systematic approach, take advantage of technology and enhance professionalism.  Trustee Chessler stated that he supports the idea of a Standard of Coverage Study and it should have been done a long time ago.

Mr. Huntsman- 4025 Prosway.  Mr. Huntsman stated that Chief Martin should conduct the study himself instead of hiring and spending money for someone else to conduct a study.  Trustee Capaldi explained that a Standard of Coverage Study is necessary to determine short term and long term needs.  An architect can determine structural needs that a normal person wouldn’t know to look for.  Mr. Huntsman inquired if the study is just a rubber stamp of what the Township wants to do. Trustee Capaldi stated that the Board makes independent decisions.  When an issue is brought to the Board they try to come up with the most independent, thoughtful way to proceed and this is just one more thing that needs to be done.   Mr. Huntsman stated that he doesn’t understand why the Township doesn’t just hire an architect instead of hiring a group of Fire Chief’s to determine was Chief Martin could determine himself.  Mr. Hall stated that Canton Township Fire Department recently hired an architect to complete an assessment of their buildings and the cost was very close to the amount that the Ohio Fire Chief’s are charging to do a total comprehensive assessment for Perry Township.  Mr. Huntsman stated that an architect should come in first and that a comprehensive study should be done next.  Trustee Capaldi stated that a comprehensive study includes an assessment by an architect.  Mr. Huntsman inquired if the Township is putting the cart before the horse by looking ahead instead of what is right here.  Trustee Capaldi stated that the Board does not know what needs done and the study will help determine short term and long term needs.

Trustee Chessler made a motion that the Board authorize Chief Martin to enter in to an agreement with the Ohio Fire Chief’s Association to conduct a Standard of Coverage Study for Perry Township on the terms outlined in their written submissions at a cost not to exceed $13,800.00; Seconded by Trustee Capaldi.

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

Police Department:

Consider Prisoner Transportation Agreement

Chief Pomesky asked the Board to approve the 2011 Prisoner Transportation Agreement with the City of Massillon for $42,000.00.  The cost amount is based on the amount of prisoners transported which increased from last year by 21.9%.

Trustee Chessler made a motion that the Board of Trustees of Perry Township renew its agreement with the City of Massillon for transporting prisoners for the year 2011 in the amount of $42,000.00; Seconded by Trustee Laubacher.

Trustee Capaldi inquired what the contract amount was for 2010.  Chief Pomesky stated that it was $36,400.00.  Trustee Chessler inquired if the rate is increasing or the number of people transported is increasing.  Chief Pomesky stated that the number of people being transported is increasing.  Chief Pomesky stated that after looking at the annual statistics, domestic violence arrests contributed to the 21% increase.  Trustee Chessler inquired if an arrest for domestic violence statutorily must result by taking someone into custody and transported.  Chief Pomesky stated that they book everyone for domestic violence.  Trustee Chessler stated that there are some instances when the officer would have discretion to issue a summons in lieu of being transported.  Chief Pomesky stated that was correct.  Trustee Capaldi inquired if the cost would ever increase so much that it would be worth doing in house.  Chief Pomesky stated that if it were a dramatic increase it may be worth it but at this cost it wouldn’t pay for the Township to explore those options at this time.  Trustee Capaldi inquired what those options would include.  Chief Pomesky stated that the Police Department would have to purchase a prisoner transportation van, restraints and train someone in prisoner transportation.  Trustee Chessler stated that it would be less money if Perry Township joined other political subdivisions that have similar numbers.  Trustee Laubacher inquired if it was possible to invoice individual prisoners for the cost to transport.  Mr. Hall stated no and that the only thing a prisoner could be invoiced for are medical costs.  Trustee Capaldi suggested bringing up the idea of video arraignments at a Chief’s Association meeting.

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

Consider OVI Task Force Grant Contract

Trustee Chessler made a motion that the Board authorize the Township to enter into a memorandum of understanding with the Waynesburg Police Department and offering them the standard contract of participation with the OVI Task Force pursuant to the written terms of the contract the Law Director has proposed; Seconded by Trustee Capaldi.

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

Consider Accepting McKinley Eagles Donation- $500.00

Chief Pomesky asked the Board to consider accepting a $500.00 donation from the McKinley Eagles to purchase candy for trick or treat.

Trustee Capaldi made a motion that the Board accept the donation of $500.00 from the McKinley Eagles for the Police Department; Seconded by Trustee Chessler.

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

Road Department:

Consider Request for Purchasing a Salt Spreader

Mr. Masalko asked the Board to consider the purchase of a salt spreader.  There are thirteen (13) trucks and there is only one (1) left with the old salt spreader.  Mr. Masalko stated that he obtained two (2) quotes and recommended Gledhill Road Machinery Company.

Company

Quote

Ace Truck Equipment

$3,133.00

Gledhill Road Machinery Co.

$2,500.00

 

Trustee Capaldi made a motion that the Board enter into an agreement with Gledhill Road Machinery Company for a tailgate spreader for $2,500.00; Seconded by Trustee Chessler.

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

Consider a 36” Sign Roller Trade with Kleem Incorporation

Mr. Masalko asked the Board to consider trading a 36” sign roller for check or credit with Kleem Incorporated.  The check or credit amount would be $102.00.  Trustee Chessler stated that it would have to be determined that the sign roller is not useful to the Township.  Mr. Hall stated that it would also have to be determined that the value is less than $2,500.00.

Trustee Chessler made a motion that the Board with regard to the sign roller that the Township currently possesses that it be determined that the sign roller is no longer necessary for Township purposes and based on the assessment of the Law Director and Road Superintendent that it’s value is less than $2,500.00 and further authorize the Road Superintendent to take the steps necessary to deliver that there in return for a check or credit to the Road Department; Seconded by Trustee Laubacher.

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

Law Director:

Zoning: None.

Parks: None.

Department Matters Not Requiring Board Action:

Administration: None.

Fire Department: None.

Parks/Recycling: None.

Police Department:

September monthly activity report submitted.

Road Department: None.

Law Director: None.

Announcements:

a.) Trick or Treat in Perry Township- Sunday, October 31, 2010 from 3:00pm to 5:00pm

b.) Fall Leaf Drop Off- Collection held at the Perry Township Road Department 1500 Jackson Ave. SW- October 16 thru November 21- Weekdays 7:00am- 2:30pm and Weekends 8:00am- 3:30pm- Closed Veteran’s Day- leaves only please

c.) Reverse Raffle & Monte Carlo Night- Sponsored by the Perry Township History Club- Saturday, November 13, 2010- Tickets $10.00 each- Tickets: Sherry Wilson 330-419-1343

Public Speaks-Open Forum:

Cheryl Phillips- 6076 Richville Dr. SW.  Ms. Phillips stated that last Tuesday at approximately 11:30am she took her recyclables to the Perry Township Recycle Station.  While she was there three (3) community service workers entered her vehicle and stole her wallet.  Ms. Phillips stated that when she got back to her vehicle and realized her wallet was gone she asked for help and nobody stepped up to the plate.  There was nobody in charge and nobody offered to call the Police Department.  Ms. Phillips stated that she talked to Jeff and asked him what she should do he said, “I don’t know this happens all of the time.”  Ms. Phillips stated that she was distraught and she told Jeff she was going to go home to check to see if her wallet was there.  When she got home she got her cell phone and returned to the recycling station.  Ms. Phillips stated that she had to call 9-1-1 to get help.

Ms. Phillips inquired who is physically in charge of the recycling station and if there are policies and procedures in regards to the community service participants.  Trustee Capaldi inquired if Ms. Phillips filed a police report.  Ms. Phillips stated that she did file a police report.  Trustee Capaldi inquired when this incident took place.  Ms. Phillips stated that it took place last Tuesday and Officer Henne took the report.  Trustee Capaldi inquired who Jeff was that she kept referring to.  Ms. Phillips stated that Jeff was a Township Recycling employee and his shirt said Jeff.  Ms. Phillips stated that she pointed out the workers who were around her vehicle to Officer Henne and he stated that there was nothing he could do. 

Ms. Phillips inquired why community service workers are even there.  Trustee Capaldi stated that the reason recycling is free in Perry Township is because community service workers are there helping and there is a supervisor to the Parks/Recycling Department who may or may not have been on scene at the time of the incident.  Ms. Phillips stated that someone else should have been in charge that day if the supervisor was not present.  Trustee Capaldi stated that she would like to give the employees an opportunity to talk about what happened because this is the first that she has heard about the incident. 

Ms. Phillips inquired if the Police Department trains the community service workers.  Trustee Chessler explained that the Police Department has nothing to do with the community service workers as they are assigned to the Recycling Station through the court system.  Chief Pomesky stated that the Police Department will investigate Ms. Phillips complaint.  Ms. Phillips stated that someone should be designated to supervise the community service workers.  Mr. Hall stated that there are rules and regulations in place.  Mr. Hall inquired if Ms. Phillips had contacted the administrative staff at Township Hall.  Ms. Phillips stated that she has been out of town for the past week and she has not done that yet.  Trustee Chessler asked Ms. Phillips if the Township could have a week to gather information.  Mr. Hall stated that this incident merits an internal review and he will get with Mr. Shreffler.  Mr. Hall and Mr. Shreffler will do a prompt review and will bring the information back to the Board and Ms. Phillips.

Bard Huntsman- 4025 Prosway SW.  Mr. Huntsman stated that the Township insert in the Perryite was very nice and well put together.

Executive Session(s): 

Trustee Chessler made a motion that the Board adjourn into executive session under O.R.C. 121.22 (G) (4) to discuss collective bargaining matters to include the Board, Fiscal Officer, Law Director, Police Chief and Deputy Chief; Seconded by Trustee Laubacher.

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

The Board adjourned into Executive Session at: 8:19pm

The Board adjourned from Executive Session at: 9:15pm

Adjournment:

With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 9:15pm; Seconded by Trustee Capaldi.

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

Anna M. Capaldi, President                                

 Joe Schlegel, Fiscal Officer