Regular Meeting

Perry Township Board of Trustees

Regular Meeting

May 1, 2012 7:00pm

Call to Order/Pledge of Allegiance:

Excused absence:  None.

Additions/Deletions to Agenda: None.

Public Hearings/Invited Guests:

7:00pm Hearing- Illicit Discharge MS4 Resolution

Trustee Chessler stated that the Board has scheduled a required public hearing to consider the adoption of the “Illicit Discharge MS4” resolution.  The Board is obligated by Federal Law to enforce certain provisions of what is known as the “National Pollution Discharge Elimination System” (NPDES).  NPDES is a series of mandates that is pressed upon local governments.  Illicit Discharge MS4 is in regards to the discharge and control of storm water.  The Board has the resolution before them this evening and has previously discussed this matter in April.  The Board agreed to consider this and conduct this hearing this evening.  

Trustee Chessler stated that the Board has a resolution to amend the Perry Township, Stark County, “Illicit Discharge and Illegal Connection Controls” policy and to adopt a “Long Term Maintenance and Water Quality Practices” policy.  Mr. Hall stated that the hearing time was sufficient and that this is an opportunity for the public to come in and comment on the proposed amendments.

Trustee Chessler asked if there was anyone in the audience who would like to offer comments on the proposed policy.  Seeing and hearing none.  Trustee Chessler inquired if there were any comments or concerns from the Board Members or Department Heads regarding this proposed policy.  Hearing and seeing none.

Trustee Chessler stated that the obligations to enforce this as they relate to Perry Township will fall to the Road Foreman.  Mr. Masalko stated that was correct.  Trustee Laubacher inquired if the Assistant Road Superintendent understands what he needs to do in reference to this policy.  Mr. Masalko stated that the Stark County Health Department is conducting a training class on Thursday regarding this issue and Mr. Young will be attending.  

Trustee Chessler made a motion that the Board adopt the resolution as presented; Seconded by Trustee Haines.

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

Communications:  None.

Public Speaks on items up for Board Approval: None.

Township Business requiring Board Action:

Unfinished Business: None.

New Business:

Trustee Chessler made a motion to approve bills in the amount of $77,457.73 for the week ending May 1, 2012; 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 April 24, 2012 Work Session; Seconded by Trustee Haines.

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


Consider Park Donations

Trustee Chessler stated that Administrator Fetzer distributed a memorandum to the Board on April 27, 2012 describing a donation that is proposed from Perry Local Schools.  Administrator Fetzer stated that Perry Local Schools has donated a large playland to the Township.   The playland being donated was originally at Reedurban Elementary School.  Perry Local Schools does not have any room for the playland so they donated it to the Township.  Administrator Fetzer stated that currently the playland is disassembled and it is a very large structure.  The Township will have to pay installation fees if an outside source completes the installation.  Administrator Fetzer stated that the Board has two (2) options; the Board could ask the Road Department to assist or quotes have been received from Rosa Construction in the amount of $9,100.00.  Rosa Construction is the same company that removed the equipment from Reedurban Elementary and replaced it over at Pfeiffer Middle School.   In addition to that the quote for the mulch is $2,385.00.  Administrator Fetzer stated that in December the Board had directed that Summerdale Park was next in priority for obtaining new park equipment.  It is up to the Board’s discretion of where they would like to install the donated park equipment.  The Board has received documents depicting what the new equipment would look like.

Administrator Fetzer stated that an additional donation is being made from the family of Victoria Wells.  On August 13, 2011, Victoria Wells lost her life in an automobile accident on 12th Street.  Miss Wells’ parents have requested a memorial at Summerdale Park in her honor.  The Wells family has raised $7,000.00 to be used to purchase a memorial bench, raised flower garden and three (3) play items.  The quote came back at $6,400.00 which includes the mulch and delivery.  The only thing the price didn’t include was the script on the memorial bench.  The ending total will be very close to the $7,000.00 mark.

Trustee Chessler offered his sympathies to the family of Victoria Wells and inquired if Mrs. Wells had anything that she would like to say.  Mrs. Wells stated that her daughter was a very kind person who loved children.  The Wells family found it to be fitting to have a memorial for Victoria Wells at a park in Perry Township.  Mrs. Wells thanked the Board for their consideration.  

Trustee Chessler inquired if the Road Department employees are capable of building the park equipment and if their schedules would allow them to do so.  Mr. Masalko stated that he is not sure about the scheduling part but the employees are capable of building the equipment.  Mr. Masalko asked that the Board allow the Road Department to get some of the road work underway before they start on the park equipment.  Trustee Laubacher stated that he would rather spend the $9,000.00 to have the work done because he knows that the Road Department has a lot of work to get done.  Trustee Haines stated that he went down and looked at the park equipment and when he saw it all in pieces he asked Administrator Fetzer to get quotes for other companies to put the equipment back together.  Trustee Haines stated that he would prefer to table this matter so that the Board can determine where to put the equipment and determine who will do the work.  Trustee Laubacher stated that he would like to see the park equipment installed at Summerdale Park.  Trustee Chessler stated that there is a consensus to have the playground equipment installed at Summerdale Park and look into favorable costs to have the work done sooner than later and not impose on the work of the Road Department.  Trustee Chessler stated that the second request is separate and can be taken care of this evening while the first request is being looked into further.  Administrator Fetzer stated that was correct.

Trustee Chessler made a motion that the Board authorize the Park Department, Administrator and Law Director to take all steps necessary to accept the donated items as proposed; memorial bench, play equipment and an elevated garden and ask that the officials so named to take the steps necessary to make that happen; Seconded by Trustee Laubacher.

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

Consider Time Warner Cable- Video Service Provider Fee

Trustee Chessler stated that twenty-five (25) years ago the Township entered into a cable franchise which is coming to an end.  Since then, a lot of things have happened one of which the state government stepped in and said that local governments can not have franchises anymore but can keep the franchise fees as long as Time Warner Cable is made aware.  Mr. Hall has prepared a resolution stating the Board’s intent on keeping the video service provider fee for Perry Township which has to be passed and returned to Time Warner Cable within ten (10) days.  Trustee Chessler stated that currently the Board has a one (1) percent fee that was assessed.  At the time it was assessed it was only on basic tier services.  The new law allows the Board to raise the fee anywhere from one (1) to five (5) percent as well as expand the scope of what it covers to advertising revenues.  However, if the Board decides to do that then Time Warner Cable is allowed to pass that increase cost out to the customers which would increase their cable costs.  

Trustee Haines inquired if the cable rates will not increase if the terms stay the same as they currently are.  Trustee Chessler stated that their rates may increase but it won’t be because of the Board.  Mr. Hall stated that it is a percentage of whatever rate they choose to assess.  Mr. Hall stated that while the Board is considering this he is also going to suggest that under the statute the Township will have to give notification to both Time Warner Cable and Massillon Cable since both companies provide service within Perry Township.

Trustee Chessler made a motion that the Board adopt a resolution establishing a video service provider fee to be paid on any video service but not including the revenue with the intent of this resolution for the terms to remain the same and will be applicable to both Time Warner Cable and Massillon Cable as they provide services in Perry Township; Seconded by Trustee Laubacher.

Trustee Laubacher stated that he would like to raise the rates because it would help the administration but he doesn’t feel that would be good for the residents at this time.  Mr. Schlegel stated that the Township currently receives roughly $50,000.00 total from Time Warner Cable and Massillon Cable ($25,000.00 each).  Mr. Hall confirmed that the motion is to have the terms remain status quo, one (1) percent, and to not include advertising revenues.  Trustee Chessler stated that his intent was to keep it the same and not impose an increase on the residents.  

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

Fire Department: None.

Police Department:

Consider Resignation of Officer Caughey

Chief Pomesky stated that on April 24, 2012 he received a notice from Officer Caughey for an early retirement effective May 3, 2012.  Chief Pomesky thanked Officer Caughey for his years of service and dedication to the community.  Officer Caughey will be missed in the years to come.

Trustee Chessler made a motion with regret that the Board accept the letter of intent to retire from Jeff Caughey after fourteen (14) years of service effective May 3, 2012; Seconded by Trustee Laubacher.

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

Trustee Chessler stated that Officer Caughey was very involved in the community especially with young people and did a lot of great things for the Township.  The Board wishes Mr. Caughey well.

Consider Purchase of Mobile Radios

Chief Pomesky stated that as the Board is aware the Police Department has been working with alternatives and solutions to improve the radio system coverage over the past year.  Previously, Chief Pomesky brought a proposal to the Board to move the repeater to fire station #3 after reviewing several options.  At that time they were working with two (2) separate companies and it was thought that it was the best plausible option to resolve issues with the VHF system at the time.  Since then, they have taken the steps necessary to migrate the radio system and while it has corrected some issues it has not corrected enough to fix all of the issues.

Chief Pomesky stated that he is bringing forward a proposal tonight based upon the testing process that was put in place to convert the existing system to a digital one.  Chief Pomesky stated that he was not happy to move forward with this after the move of the repeater on a definite maybe that it might work.  The system was turned down and it was brought up in a digital format and conducted radio testing throughout the Township.  From portable to portable they were able to go from the northwestern corner of the Township to the southeastern corner of the Township and that has never been done before under the current system.

Chief Pomesky stated that after the demonstration and testing phase he is recommending that the Board authorize the purchase of mobile radios and start migrating towards the digital system. Due to the nature and the large scale project that this will entail Chief Pomesky is recommending that the Police Department go with the mobiles first because they are going to have to program a primary channel as digital so that when its time to switch the system over the system will be in place.  They will also have to program one analog channel.  The newer radios will work in both analog and digital formats.

Chief Pomesky stated that he obtained quotes from two (2) companies:  B&C Communications in the amount of $18,126.00 and Staley Technologies in the amount of $17,860.00.  Generally, three (3) quotes would be pulled for any purchases of this nature but the other concern is when the radios go down these are the two (2) closest companies to the Township.  Based on the quotes received, Chief Pomesky recommended that the Board authorize the purchase from Staley Technologies in the amount of $17,860.00.

Trustee Haines confirmed that the new mobile radios would work with the system that is currently in place.  Chief Pomesky stated that is correct.  Trustee Laubacher inquired why we are not able to use the regular radios for this.  Chief Pomesky stated that since the signal is going to go to the repeater in a digital format the receiver at the Police Department has to be in a digital format to send and receive it.  Trustee Laubacher inquired if they will get rid of all of the current radios.  Chief Pomesky stated that they will be getting rid of the radios in the patrol cars and partnering with the Road Department so that they will be able to update the mobile radios within their fleet.  Trustee Laubacher inquired about the consoles.  Chief Pomesky stated that the consoles will maintain the same but the backroom equipment will change out with one of the mobile units to receive that digital signal or analog signal.  This system will provide another level of safety for the officers.  It will encrypt the signal so that it won’t be scanned so that when they are going to respond to a call if the suspect has a scanner they will not know that the police are on their way or where they are at.

Trustee Laubacher inquired what the Road Department is going to do with the old radios.  Chief Pomesky stated that the old radios are in good shape and still have a lot of life left in them.  Rather than leave them to sit on a shelf they will be turned over to the Road Department with the Board’s approval to update their fleet.  This would drop the Road Department’s cost of having to replace radios and it makes for a good partnership all the way around.  Trustee Laubacher inquired if the Road Department will be able to install the radios or if they will have to pay a company to come in and do it.  Chief Pomesky stated that in talking with Mr. Masalko the Road Department will be able to install the radios themselves.

Trustee Chessler made a motion that the Board approve and accept the quote from Staley Technologies for the purchase of radios as described by Chief Pomesky in his memorandum at a total cost not to exceed $17,860.00; Seconded by Trustee Haines.

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

Road Department:

Consider Revised Proposal for Engineering Service of the Summerdale/ Partridge/ Crownpoint Storm Drainage Project Phase I

Trustee Chessler stated that the Board received an opinion letter from the Law Director and since then there has been a discussion.  Mr. Hall stated that the revised proposal is to strictly limit the project to what is clearly within the statutory authority of maintaining the integrity of the road and doesn’t extend to any of the neighborhood drainage or flood situations until the Township can get more cooperation from other political subdivisions.

Trustee Chessler stated that his concerns were that this is a wide spread area which involves a great majority of private property and a small amount of Township road.  But if the upstream problem and the down stream problem don’t get corrected then the small portion that does get fixed may not work.  Trustee Chessler inquired what the result of that quandary was.  Mr. Oprisch stated that after talking with Mr. Masalko in addition to the problems with the capacity of the pipes and the channels which are on private property and on easements there are structural issues with those drain pipes that go under the Township roads.  Mr. Oprisch stated that they feel it would be best to proceed to get that portion of the project done rather than wait to assemble a team which could take quite a while.  Trustee Chessler stated that the project has been segmented off into what the Township clearly has the authority to pursue.  Mr. Oprisch stated that is correct.  Trustee Laubacher inquired if they are going for OPWC funds for this as well.  Mr. Oprisch stated that their intent is to be able to have the plans done for OPWC.  Trustee Chessler stated that the down scale plan is memorialized in Mr. Oprisch’s letter dated April 18, 2012.  Mr. Oprisch stated that is correct.  Trustee Chessler stated that the design fee is $28,500.00.  Trustee Haines inquired about the resident properties at the corner of Partridge and Summerdale.  Mr. Masalko stated that it is the responsibility of the Road Department and it is happening right now.

Trustee Haines made a motion that the Board accept the proposal for engineering services for the Summerdale/ Partridge/ Crownpoint Storm Drainage Project Phase I not to exceed the cost of $28,500.00; Seconded by Trustee Chessler.

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

Consider 2012 Micro/ SAMI Sealing and Surfacing Project

Mr. Masalko stated that due to the shrinking budget the Road Department is again considering micro surfacing.  Mr. Masalko presented the Board with a list of streets that are in the worst conditions by the amount of travel throughout the Township.  There are some streets that require an extra application called a “fiber mat.”  Mr. Masalko stated that he is satisfied with the streets selected this year and he would like the Board to consider the approval of the micro surfacing.  The total cost of the micro surfacing is $438,411.22.  Trustee Chessler stated that he would like the company to do a better job of going out in advance of this process and notifying the people that are affected.  Not only that the roads will be down for a certain time but more importantly of the fact that for a day it is going to look like chip and seal but it really isn’t.  Mr. Masalko stated that he did speak to the sales representative for this company and he assured them that they would have a better system this year in regards to communicating to those affected.

Trustee Laubacher made a motion that the Board authorize the 2012 Micro/ SAMI Sealing and Surfacing project at a cost of $438,411.22 for the named streets given to the Board; Seconded by Trustee Chessler.

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

Trustee Laubacher inquired if the company’s name needed to be in the motion.  Mr. Hall stated that the company’s name should be in the motion.

Trustee Laubacher withdrew his motion.

Trustee Chessler withdrew his second.

Trustee Laubacher made a motion that the Board authorize Strausser Construction to complete the 2012 Micro/ SAMI Sealing and Surfacing project at a cost of $438,411.22 for the named streets given to the Board; Seconded by Trustee Chessler.

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

Consider Entering into the ODOT Cooperative Purchasing Program for Item: 101H- 13 Commodity: Asphalt, Concrete and Bituminous Mixes

Mr. Masalko stated that this purchasing program is through the Ohio Department of Transportation (ODOT) and therefore the Township has to ask ODOT’s permission to participate.  This program is for the cooperative purchasing for Item: 101H-13 Commodity: asphalt, concrete and bituminous mixes.

Trustee Chessler made a motion that the Board authorize entering into an agreement with the Ohio Department of Transportation Cooperative Purchasing Program for Item: 101H- 13 Commodity: asphalt, concrete and bituminous mixes; Seconded by Trustee Haines.

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

Law Director: None.


Consider Selecting 2012 Mowing Contractors

Trustee Chessler stated that over the past few years the Board has gotten into the lawn care business because of the amount of rain and foreclosures.  A list of contractors has been put together on a rotating basis to go around to the properties that have gotten unsightly.  Mr. Weckbacher stated that he sent letters to seven (7) contractors that the Township has utilized in the past asking them to fill out their W-9 and show proof of insurance and BWC.  Four (4) applications were received back and only three of them were approved by the Law Director.  Mr. Weckbacher stated that an additional contractor put in his application and asked that he be added to the rotation list.  The four (4) companies up for approval this evening are; Sees Lawn Care, Grow N’ Mow Inc., Inuision Landscaping and Theiss Landscape Contractors.  Mr. Weckbacher stated that Mr. Hall reviewed Theiss Landscape Contractors prior to the meeting and approved them.  Mr. Hall stated that he reviewed all four (4) applicants and they all meet the objective and criteria established.

Trustee Chessler made a motion that the Board approve four (4) lawn care companies for seasonal grass cutting: Sees Lawn Care, Grow N’ Mow Inc., Inuision Landscaping and Theiss Landscape Contractors to perform services as needed at $40.00 per hour; Seconded by Trustee Haines.

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

Parks/Recycling: None.

Executive Session(s):  None.

Department Matters Not Requiring Board Action:

Administration: None.

Fire Department: None.

Parks/Recycling: None.

Police Department:

March Statistics Submitted

Road Department: None.


Law Director: None.

Upcoming Events: None.

Public Speaks-Open Forum:

Steve Toohey- 642 Summerdale NW.  Mr. Toohey stated that he is at the meeting to follow up with a letter that he wrote to the Board of Trustees as a concerned citizen and tax payer of Perry Township.  These issues are in regard to issues involving the Police Department.  Mr. Toohey stated that he trusted that the Board had received the letter and that they had time to read it and reflect upon his comments.  

Mr. Toohey stated that his intentions are not to cause an emotional stir or engage in any conversation regarding the bullet points that were addressed in the letter.  Mr. Toohey stated that he did not come to discredit or sabotage a person or program in this room.  Mr. Toohey requested that he and the Board engage in a level headed, sit down meeting within the next few weeks for clarification of all of his concerns so that they can be resolved.  Mr. Toohey stated that he has the upmost respect for those seated in front of him, their time and their talents.  Mr. Toohey stated that it is his goal tonight to create an atmosphere of positive attitude and realignment of our community.  Perry Township has long sported the motto of “Perry Pride” and we have all seen that pride in action.  Mr. Toohey reminded the Board of how the community came together to welcome home Sgt. Daniel J. Patron to be laid to rest with honors; a proud moment that was witnessed and emotionally felt by everyone.  That was and should always be remembered as a truly defining moment in our time as a Township.  Communities are not things; they are not budgets, vehicles, radios or paperwork.  They are people.  We all want to live in a community where we can work a good job, enjoy a nice home with our family, send our children to the best schools possible and to feel protected by our police and fire services.  Mr. Toohey stated that he has gotten to know the personnel within the police and fire departments.  All great people who are looking to do the best job they can.  Our firefighters and police officers place themselves daily into the line of danger and the unknown.  They don’t do it for the pay.  They do it for the privilege and the honor to perform the task that they do so well.  Very few of us would be able to perform such tasks.  Mr. Toohey stated that he has nothing but the highest respect and admiration for the firemen and police officers in our Township and he will continue to do what he can do to respect, protect and promote their God given abilities to perform their duties.  To allow the safety forces to continue to grow and remain safe and provide maximum services we must do more than buy and replace fire trucks and turn out gear, police cruisers and automatic weapons.  The basis of any good and successful business is their employees. They are truly the life blood of any employer.  As we look forward to writing grants and requisitioning of new equipment we commonly fail in doing the proper things to revitalize, renew and respect the men and women who work for and with us.  The true basis of any good business, family structure or organization comes down to two words: communication and respect.  These two words and their meaning should be imprinted on all of our minds.  Wars have been fought over lack of communication and respect.  Marriages have ended in divorce. Employees leave jobs.  People become disenchanted.  In the end, collateral damage left behind is always a broken person.  That is a terrible tragedy.  

Mr. Toohey stated that as a member of Rotary International, they learn to live by the four way test that our world should be structured upon.  Those four items include: 1. Is it the truth? 2. Is it fair to all concerned? 3. Will it build goodwill and better friendships? 4. Will it be beneficial to all concerned?  All of us need to constantly reflect upon our responsibilities, not only to ourselves, but to each other.  Negative words and actions brought against the people we rely upon is only poor business and has an undermining affect.  The business at hand should be that of creating and nurturing the best employees that we can.  Only then will we have successfully built a true community, a place we can truly call home.

Mr. Toohey stated that he is respectfully reaching out to the Board and he is willing to work with the Board and our leadership to help out wherever and however he can to continue to build the Township in a positive way.  Mr. Toohey stated that he looks forward to meeting with the Board and he will not go away until these issues are resolved.

George Goodman- 200 Proudly Ave.  Mr. Goodman addressed his and his wife’s concerns regarding the “Hype” dance club.  Mrs. Goodman has a medical condition and is under a lot of stress whereas she needs a lot of sleep.  The noise at the dance club makes it impossible for Mrs. Goodman to sleep and there are times at three or four o’clock in the morning she finds herself screaming and crying because she can not sleep.  The noise is loudest around eleven o’clock at night till about two- thirty in the morning.  Mr. Goodman stated that they have called the police but the noise is still there.  Mr. Goodman stated that he was impressed with the police officers response time but was told that there was not much they could do about the noise.

Trustee Chessler stated that after Mr. Goodman was at the last meeting there was a meeting set up with the owners of the “Hype” and Chief Pomesky.  Chief Pomesky stated that they did meet and they did a sound testing with the business.   Chief Pomesky stated that he did speak with Mr. Goodman after the sound testing and Mr. Goodman indicating that he was not even aware of the sound testing.  Chief Pomesky stated that there are two (2) bars at the end of the street.  In responding to a noise complaint one evening, they found that the noise was not coming from the “Hype” and it was actually coming from Gilligan’s Pub.  On top of that, in listening to the noise in the area, car stereos were more prevalent on SR 172 than either of the two (2) businesses.  Chief Pomesky stated that there are multiple factors that work with this case.  Mr. Goodman stated that he has gone and stood in front of the “Hype” to verify that the noise that they are hearing was coming from there.  Chief Pomesky stated that after the meeting he will make contact with the midnight shift supervisor and send the officers out from a couple of different angles to find out if the noise is coming from the businesses or the cars.

Mr. Hall stated that when Mr. Goodman first came to the Board in the matter of a day or so he, Mr. Weckbacher and Chief Pomesky went and met with the business manager of the “Hype.”  The business manager indicated that within reason they will try to alleviate Mr. Goodman’s concerns.  The business did put in some sound absorbing materials both below their speakers and behind the DJ stage.  After that took place, Chief Pomesky, Mr. Weckbacher and some of the officers have gone out to do sound tests which took the volume to the maximum level in the club.  Some bass could be heard from the parking lot and Mr. Goodman’s property line but it was not to the level of a person of ordinary sensibilities would have been troubled by that.  Mr. Hall stated that Chief Pomesky has indicated that he is going to follow up to make sure that they are still in compliance.


With nothing further to come before the Board, Trustee Laubacher made a motion to adjourn the meeting at 8:12pm; Seconded by Trustee Chessler.

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


Craig E. Chessler, President                                              

Joe Schlegel, Fiscal Officer