Regular Meeting

Perry Township Board of Trustees

Regular Meeting

December 18, 2012 6:00pm

Pledge of Allegiance:

Excused absence:  None.

Public Hearings/Invited Guests: None.

Communications: 

Moment of Silence in Honor of the Newtown, Connecticut Elementary School Shooting Victims

Meeting Schedule for January 2013

The Board agreed to change the meeting schedule for January 2013.  The meetings will be as follows: January 8, 2012- Re-Organizational Meeting, January 15, 2013- Work Session and January 22, 2013- Regular Meeting.

Additions/Deletions to Agenda:

Trustee Chessler stated that there is a request to add an item to the agenda under “Fiscal Officer” regarding the matter of clearing outstanding checks.

Trustee Chessler made a motion that the Board add that item; Seconded by Trustee Laubacher.

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

Public Speaks on items up for Board Approval:

Timothy Blythe- 2956 Bridgton St. NW, Massillon, Ohio 44646.  Mr. Blythe stated that back in June the Board of Trustees asked the residents to make suggestions of how the Township could save money.  Mr. Blythe stated that he made a number of suggestions.  Number one was the suggestion regarding the street lighting.  That has pretty much been taken care of.  Mr. Blythe stated that he had one matter he wanted to discuss with Trustee Chessler regarding the Rolena lighting district.   This district was assessed back in 2001 so it has been a decade that Trustee Chessler and the other people in his area have benefited from that.  Mr. Blythe inquired if Trustee Chessler was prepared to write a check to the Township to recoup the losses that the Township had from his personal property.  Trustee Chessler stated that he did not vote on the creation of the Rolena lighting district.  Mr. Blythe stated that Trustee Chessler abstained from the vote with the understanding that he was buying or owned the said property.  Mr. Blythe stated that Trustee Chessler had understanding that there was a lighting district and for eleven (11) years there has been a lighting district that he has not paid for.  Trustee Chessler stated that no one else on his street paid either.  Mr. Blythe stated that he understands that.  Trustee Chessler inquired what Mr. Blythe’s point was.  Mr. Blythe stated that he wanted to know if Trustee Chessler was prepared to write a check to the Township for the difference that would have been taken out of his taxes had they been assessed properly.  Trustee Chessler stated that he did not understand why Mr. Blythe was putting him in a special category.  Mr. Blythe stated because Trustee Chessler is a leader of the Township and he personally benefitted from this.  Trustee Chessler stated that Mr. Blythe is suggesting that he had some role in this error and that is not the case.

Mr. Schlegel stated that he would like to make a statement for the record so that everyone knows exactly what happened.  Back in 2001, there was a lighting district created in Trustee Chessler’s area.  Mr. Schlegel stated that back in those days, he had a full-time job and the way the ORC states is that the lighting districts should be filed by himself or a designee.  Back in those days, the Administrator was assigned to file those lighting districts and that did not happen.  However, Mr. Schlegel stated that he is the elected official and he takes full responsibility for this.  Mr. Schlegel stated that Trustee Chessler did not do anything wrong.  Mr. Blythe stated that he is not saying that Trustee Chessler did anything wrong.  Trustee Chessler stated that Mr. Blythe is implying that he did something wrong and that he sat silently and accepted a benefit for about a decade that as a community leader was wrong to accept.  Trustee Chessler stated that he rejects that notion and he resents it.

Mr. Blythe inquired if there was any effort to assess the lighting with the Township buildings in regards to switching over to compact fluorescents or LED lighting that the power companies provide a free assessment to Township entities to show some kind of savings.  Trustee Haines stated that is partially incorrect.  None of the electric companies offer a free assessment to do that.  The Township has looked at that but the one electric company has given a quote of $7,000.00 to assess the Township’s electric needs.  The Township is looking at other avenues of assessing those and that is not the most reasonable way to go.  This is still in the works.  Trustee Chessler stated that there may be an electric assessment that is free to the public through the electric aggregation program and that will be looked into as well. 

Mr. Blythe inquired if there has been any talk about putting occupancy sensors throughout the buildings.  Trustee Haines stated that would be part of the assessment.  Trustee Laubacher stated that some of these things have already been done in the Police Department.  Mr. Blythe stated that he understands that but the Police Department pays for their own stuff out of their budget.  The concern is the general fund.   Mr. Blythe inquired if there has been any consideration to installing programmable thermostats because for every degree of temperature change there is a three (3) percent savings in electric costs.  Trustee Haines stated there has been no consideration for that at this time.  Mr. Blythe inquired if there has been any talk about eliminating the health care benefits for the elected officials.  Mr. Hall stated that the answer to that is yes but those are matters that must be dealt with at the re-organizational meeting in January.  Mr. Blythe stated that the Board is voting on putting a 1 mill levy on the ballot but these things can’t be talked about until next month.  Mr. Hall stated that is plenty of time prior to the election. 

Mr. Blythe inquired if there have been audits done on the Park/Recycling and Zoning Departments to see if there is any way that cuts could be made either in personnel or other types of cost saving measures.  Trustee Chessler stated that the answer is yes.  Mr. Blythe inquired if the Board could share that information.  Trustee Chessler stated that the Board has not come to any conclusions yet.  The Board has not had the opportunity to collectively discuss it but it is in the works.  The Board is exploring some ideas but it would be premature to disclose things like that or to give a false impression or sense of where it is at.    Mr. Blythe inquired how long it is going to take because it has been five and a half months since these suggestions were brought up.    Trustee Chessler stated that just because Mr. Blythe brought up ideas doesn’t mean that the Board is going to stop what they are doing else wise to pursue those ideas.  Trustee Chessler stated that Mr. Blythe’s ideas were good ideas and they along with the things the Board is doing every day are being explored.    Mr. Blythe stated that he understands that but the Board explained to him on July 3 that these suggestions would be looked into which is why the levy was postponed.  Trustee Chessler stated that the Board is still looking into Mr. Blythe’s suggestions and other suggestions as well.   Mr. Blythe stated that the Board keeps saying that they are working on it.  Trustee Chessler stated that Mr. Blythe has been getting responses all down the road of what people have gathered information on and if it is not according to Mr. Blythe’s time table or suggestion that the Board isn’t moving fast enough then the point is taken.  Mr. Blythe stated that if that is the case then he does not believe that it is the time to put a levy on because if the Board hasn’t determined what savings can be made then there hasn’t been enough done to put a levy on.  Trustee Chessler stated that he does not appreciate Mr. Blythe ambushing him in public and passing up the opportunity to raise this issue with him one on one.  If Mr. Blythe wants to use this forum to launch a campaign for Trustee then he should try to find another way to do it.

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 $133,734.43 for the week ending December 18, 2012; Seconded by Trustee Laubacher.

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

Fiscal Officer: 

Trustee Chessler noted some edits to be made to the minutes.

Trustee Laubacher made a motion to accept the minutes of the December 11, 2012 Work Session pending the stated edits; Seconded by Trustees Chessler.

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

Consider General Fund 1 Mill Levy

Trustee Chessler stated that at the work session and budget hearing the Board had the opportunity to speak with not only the Department Heads but each of the departments affected by and through the General Fund.  There was a lengthy discussion at that time about the source of funds, expected revenue and expected shortages for the upcoming year.  Mr. Schlegel stated that if the Board approves the 1 mill levy it will generate $483,422.00.  The cost to a $100,000.00 home would be $2.55 per month or $0.59 per week. 

Trustee Chessler stated that the Board of Trustees is faced with the loss of undivided local government funds, tax revenue from property valuations and estate/inheritance taxes effective 2013.  The request as presented by the Fiscal Officer is to replace and get that funding back to the level it was prior to those cuts.  Mr. Hall reminded the Board that this is a two (2) step process.  If the Board approves this levy tonight then it will be sent to the County Auditor for certification.  Once that certification is received back from the County Auditor then the Board will have to make a formal motion to place the levy on the ballot.  Trustee Laubacher stated that in discussing the levy at the work session the Board expressed their concerns in that they are not really interested in doing this as such but they really don’t have any other choice in the matter.  The Board has tried to keep this to a minimum but they are almost bound to ask the public for this 1 mill so that the general fund can keep operating. 

Trustee Chessler made a motion that the Board request certification from the County Auditor of the amount to be generated by a 1 mill levy for a five (5) year period; Seconded by Trustee Haines.

Mr. Schlegel noted that the public does not currently pay for the services provided by the general fund such as parks, recycling and zoning.  If this funding is not in some way returned to the level of what it was prior to the cuts from the state then these services will probably have to be cut due to the lack of funding.

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

Clearing of Outstanding Checks

Mr. Schlegel asked the Board to consider making a motion to clear the outstanding checks that are over one (1) year old.  Those checks total $75.88.

Trustee Chessler made a motion that the Board authorize the Fiscal Officer to take the steps necessary to clear the five (5) outstanding checks drawn on Township funds in the amount of $75.88; Seconded by Trustee Haines.

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

Administration: 

Consider Resolution Authorizing Discontinuation of Street Lights

Trustee Chessler stated that the Board previously discussed the matter of street light discontinuation in length.  The Board has in front of them a written resolution that recites in the whereas clauses the history of the project and task.  The resolution itself proposes three (3) basic things.  In certain instances the Board pursuant to its authority under the revised code will continue to the payment of certain street lighting, take the steps necessary to create lighting districts and have those costs assessed and discontinue and no longer pay for certain other street lights.  The particular street lights are set forth in a spreadsheet format documenting the exhibits.  Mr. Hall stated that is correct.  Trustee Chessler stated that the spreadsheet details in an itemized fashion the lights that will be continued, discontinued or subject to a street lighting district. 

Trustee Chessler made a motion that the Board adopt the resolution in its terms; Seconded by Trustee Laubacher.

Trustee Chessler stated that he believes that Administrator Fetzer created the spreadsheet and that it is based on the information that has been gathered and discussed at the various hearings.  Administrator Fetzer stated that was correct and that the spreadsheet has been cross referenced with the additional information provided by Trustee Laubacher.  Trustee Chessler verified that this will give the Fiscal Officer an accurate indication as billings come due which street lights are to be paid and which ones are no longer the Township’s obligations.  Administrator Fetzer stated that was correct.   Trustee Haines verified that the lighting districts are all for a one (1) year term.  Mr. Schlegel stated that was correct.  Trustee Chessler verified that there is a provision in there that upon any notification of a rate increase or decrease the Fiscal Officer shall notify the affected land owners and shall certify the rates so that the Township is kept current on the amounts. 

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

Consider Accepting Aultcare Administrative Services and Acknowledge Compliance of the Health Insurance market Reform as Mandated by Federal Government

Administrator Fetzer asked the Board to consider the Aultcare Administrative fees.  The Board received copies of the annual renewal fees for vision, dental and COBRA and there has been no increase from last year.  The renewal will be effective January 1, 2013 and the fees are as follows: vision $1.40 per month, dental $3.55 per month and COBRA $2.30 per month.  These fees total $7.25 per employee per month.  In addition to that another service provided is the Health Insurance Market Reform under the Patient Protection and Affordable Care Act.  This act requires that the Township provide every insurable employee a summary of benefits and coverage uniform glossary which the employees will be receiving within the next couple of days. 

Trustee Chessler made a motion that the Board approve the proposed administrative fees that have been provided by Aultcare to continue for the upcoming year; Seconded by Trustee Haines.

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

Consider Accepting the 2013 Recycling Makes Sense Grant

Administrator Fetzer asked the Board to consider approving the 2013 Recycling Makes Sense Grant.  This grant has been reviewed by the Law Director.  Perry Township is required to submit quarterly reports to Stark-Tuscarawas-Wayne Joint Solid Waste District (STW).  The Board President is required to sign the original grant agreement and has to be back to STW by December 31, 2012.  Trustee Chessler inquired if the grant amount was $65,000.00.  Administrator Fetzer stated that was correct. 

Trustee Chessler made a motion that the Board approve and accept the 2013 Recycling Makes Sense grant upon the written terms; Seconded by Trustee Haines.

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

Fire Department: None.

Police Department:

Consider the Purchase of Tasers

Chief Pomesky stated that he has provided the Board with a quote from Taser International for the purchase of six (6) electronic control devices.  Recently, the Police Department received a donation from the McKinley Eagles in the amount of $6,540.00 for the purchase for the tasers.  The donation was specific for the units themselves.  The quote from the manufacture is for a total of $12,102.99.  This purchase includes the supplies that are required to train the officers on this equipment.  Along with this, there is a program with Taser International where the Police Department will receive a $160.00 credit back for each working or non-working electronic control device returned to them.  The credit will total $960.00 to be applied to future purchases.  Chief Pomesky asked the Board to consider the purchase of the six (6) tasers, the equipment necessary to train the officers and the four (4) year warranty.

Trustee Chessler made a motion that the Board authorize the Police Department to expend $12,102.99 for the purchase of six (6) tasers as Chief Pomesky has outlined in his memorandum dated December 13, 2012 and that the Board request the Fiscal Officer to apply the funds generously donated by the McKinley Eagles to defray the cost of this purchase; Seconded by Trustee Laubacher.

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

Consider Administrative Assistant Position

Chief Pomesky stated that he provided a job description to the Board regarding an administrative assistant position within the Police Department.  This position was previously held within the agency and it is vacant at this time.  Chief Pomesky stated that Nicole Sterling was promoted from part-time in records to a full-time dispatcher leaving the part-time position vacant.  In looking at the overall work load and make up of the Police Department, Chief Pomesky asked for the Board’s approval of the Administrative Assistant’s job description and is ready to make a recommendation to fill the position as well.  Along with this, the Police Department will not be filling the part-time position in records.  The duties of the Administrative Assistant will be split between records and other duties within the office.  Trustee Laubacher verified that the new person would be handling two positions.  Chief Pomesky stated that is correct.  Trustee Chessler verified that this is not creating a new position and that it is simply modifying the job responsibilities of the position already created as the Administrative Assistant under the Chief’s direction.  Chief Pomesky stated that is correct. 

Chief Pomesky stated that his recommendation to fill the position would be to appoint Keri Dean at an hourly rate of $15.00 per hour.  Trustee Laubacher inquired if there would be a probationary period.  Chief Pomesky stated that a probationary period is not necessary unless the Board would like to implement one.  Trustee Haines stated that Ms. Dean’s transfer would take place when her current position is filled.  Chief Pomesky stated that is correct within a reasonable time line.  Trustee Chessler stated that the Board needs to follow up on previous discussions regarding time studies within the Administration Office.  Trustee Haines inquired if a time line of four (4) weeks would be reasonable.  The Board agreed that four (4) weeks would be a reasonable time line to try and abide by.

Trustee Chessler made a motion that the Board approve Chief Pomesky’s requested amendment to the job description for the Administrative Assistant to the Chief of Police as it is set forth within the document attached to the memorandum to the Board; Seconded by Trustee Haines.

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

Trustee Chessler made a motion that the Board adjourn into an Executive Session pursuant to ORC 121.22 (G) (1) concerning personnel compensation and job responsibilities to include the Board, Fiscal Officer, Police Chief and Keri Dean; Seconded by Trustee Laubacher.

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

The Board adjourned into Executive Session at: 7:33pm

The Board adjourned from Executive Session at: 7:43pm

Trustee Chessler made a motion that the Board hire Keri Dean to the Administrative Assistant position as it was recently modified with a work date commencing February 1, 2013 at a rate of pay of $15.00 per hour plus the current benefits and will continue in her current position until that time; Seconded by Trustee Haines.

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

Road Department: None.

Law Director: None.

Zoning:

Request of Central Catholic to Waive Permit Fee

Mr. Weckbacher stated that he received a request from Central Catholic to waive the permit fee for a temporary sign that they would like to put up in front of the school at the end of the week.  The Board stated that they had no problem waiving the fee. 

Trustee Haines made a motion that the Board waive the permit fee for the portable sign as requested by Central Catholic to be put up in front of their school to advertise bingo being closed of two (2) weeks which will re-open on January 6, 2013; Seconded by Trustee Chessler.

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

Parks/Recycling: None.

Executive Session(s):  See under Police Department

Department Matters Not Requiring Board Action:

Administration: None.

Fire Department: None.

Parks/Recycling: None.

Police Department:

Submission of November Statistics

Road Department: None.

Zoning: None.  

Law Director: None.

Upcoming Events:

Trustee Haines announced that the Township employees raised $1,300.00 to help families in need over the holiday season.

Public Speaks-Open Forum:

Ralph DeChaira- 765 Delverne Avenue SW.  Mr. DeChaira stated that there is a strip club that has opened up on Steward called “Tassels” and inquired if this was allowed per the zoning regulations.  Mr. Hall stated that this matter is being investigated.  These types of establishments are not permitted in that particular district and are only allowed in an industrial zone as a conditionally permitted use.  Mr. Weckbacher was notified of this establishment yesterday.  Mr. Hall stated that he, the Zoning Department and the Police Department are all in the process of getting the proper notifications and taking action. 

Timothy Blythe- 2956 Bridgton St. NW, Massillon, Ohio 44646.  Mr. Blythe stated that if Trustee Chessler thinks that he is using this forum to run for Trustee he is mistaken.  Mr. Blythe stated that if he were using this forum to run for Trustee then he wouldn’t have spent the last two (2) years offering suggestions for ways to help the Township.  Trustee Chessler stated that Mr. Blythe’s suggestions are duly noted but when you make a personal attack during a public forum when there has been numerous opportunities to address the matter in private then he takes it that way.  Trustee Chessler thanked Mr. Blythe for all of his suggestions and the Board will continue to look into them.  Trustee Chessler offered to work together with Mr. Blythe to make those suggestions benefit the Township.  Mr. Blythe stated that he will continue to do that.

Adjournment:

With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 7:50pm; Seconded by Trustee Laubacher.

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

Craig E. Chessler, President                                               

Joe Schlegel, Fiscal Officer