Regular Meeting

Perry Township Board of Trustees

Regular Meeting

March 5, 2013 7:00 p.m.


Call to Order/ Pledge of Allegiance:

Excused absence:  Scott Weckbacher, Zoning Inspector – Attending Regional Planning Meeting

Additions/Deletions to Agenda: None.

Public Hearings/Invited Guests: None.

Communications:  None.

Public Speaks on items up for Board Approval: None.

Township Business requiring Board Action:

Unfinished Business:

Trustee Haines brought to the attention of the Board the consideration of Barbara St. Jean to provide cleaning services at the Township Hall and Fire Administration offices.  This matter was tabled  at the 02/19/13 regular meeting  in order to obtain more information in regard to cleaning service risk management.  Administrator Fetzer stated that she contacted our OTARMA Insurance representative, Mr. Jim Zuccaro , whorecommended that the Board have a $300,000.00 Certificate of Liability policy in addition to the Hold Harmless Agreement and Confidentiality Clause.  These documents are prepared for the Board signatures upon review.  Administrator Fetzer indicated that these documents have been reviewed by the Law Director and he has indicated that they are of legal form sufficiency.  Law Director Hall thanked Mr. Blythe for bringing the matter of the cleaning service risk management to the attention of the Board and to Administrator Fetzer for the prompt processing of this with Mr. Zuccaro .  Trustee Haines asked Mr. Hall if the Board would need to vote on this matter at this time.   Mr. Hall indicated that the Board would have to agree to accept and appoint Ms. St. James.

Trustee Haines made a motion that the Board move forward with Mrs. St. Jean and have her fill out the Certificate of Liability Insurance and Confidentiality Clause to meet Board approval; Seconded by Trustee Chessler.

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

Trustee Chessler stated that the Board would undertake consideration of an offer to continue Mrs. St. Jean’s employment as to cleaning services that were provided in the past . Administrator Fetzer stated that there was never an independent contractor agreement with the cleaning services in the past  however,  that  a contract could be established if the Board so directed. .  The current service is at the rate of $25.00 each per week for the Fire Administrationand Township Hall Administration offices.

Trustee Chessler made a motion that the Board extend the same offer to Mrs. St. Jean, condition upon her execution of these documents, on the same terms and conditions as the previously indicated cleaning service agreement; Seconded by Trustee Haines.

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

New Business:

Trustee Haines made a motion to approve bills and payroll in the amount of $351,394.53 for the week ending February 26, 2013 and bills in the amount of $49,513.30 for the week ending March 5, 2013 for a combined total of $400,907.83; Seconded by Trustee  Chessler

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

Fiscal Officer: 

Trustee Haines made a motion to approve and accept the minutes of the February 19, 2013 Special Meeting at 12:00 p.m. and the Minutes for the same day, February 19, 2013 Regular Meeting at 7:00 p.m. ; Seconded by Trustee Laubacher.  Trustee Laubacher stated that there were several typographical  errors in regard to spelling that needed to be corrected and another item that needed to be changed, both under the fire department discussion concerning Chet Kiehl, name spelled wrong.  Also a correction needed to the wording “ when the equipment is retired” not when the employees are retired.  Administrator Fetzer stated that this will be edited.

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


Administrator Fetzer stated in regard to the matter: she and Road Superintendant John Masalko have been in contact with Plain Township and understand that they have been utilizing the system for the past three (3) years and are pleased with it.  Administrator Fetzer and Mr. Masalko met with the person who is in charge of the on-line auction system at Plain Township and he shared with them many details. is basically an on-line auction system described as an e-bay like auction and exclusive for government surplus only.  Applicable for city, county, state, schools systems, public utilities, law enforcement, etc.  One benefit to the on-line auction system would be in advertising.  The Township would only have to advertise one time.  In the past, we were required to advertise our items in two different newspapers. The regulations were then changed to submitting items to only one newspaper which would be at a cost of approximately six hundred dollars ($600.00).  Last year, the Board advertised  in only one newspaper in addition to our Township website.   There  would also be a link on our Township website to the system so that any of our Department Heads or anyone in the community could log on and see what items were available for auction.  If the Township were to consider utilizing the online auction program, we would be charged a 7.5% auction fee and the winning bidder would pay a 5% Buyers Premium.  No fee is charged unless the auctioned item is sold.  Everything that is sold can be set in a timeline for bid. (30, 60, 90 day window).  The representative  for Plain Township indicated that if for some reason an item would go over the 90 day window, it would be re-bid at no cost to the Township.  In the past, the Township has been charged between 10% to 12%,  services would be at a reate of 7.5%, which is a benefit for the Township.  Listed under the Township’s responsibilities , this would fall under the Road Department.  Our Road Superintendant would have one of his employees be the on-site auction representative.  The Department Head would give the representative the information to upload , a  photo would be taken of the item to be sold and then uploaded to the site.   A fee would be set by one of the Department Heads or by one of the mechanics as far as the estimated value amounts, and it would be set for 30, 60 or 90 days.  At this point, the Pay-Pal system would be utilizedand the Township would not be responsible for any of the transactions.  When a buyer would come on-site to pick up an item, there would be no cash exchange and the Township would receive a check from

Trustee Haines inquired about being able to set up an auction at any time during the year.  Administrator  Fetzer stated that yes an auction could be set for any time of the year .  Trustee Chessler asked Mr. Hall about how in the past, the Board has always passed a Resolution to declare items either purchased by or acquired by the Township that were no longer needed, was this step still required.  Mr. Hall indicated that it depended on the value of the item.  If the item to be sold would be twenty-four hundred ninety-nine dollars ($2,499.00) or less the Board can authorize the Department Heads to put the item on the auction site.  If it is twenty-five hundred dollars ($2,500.00) or more, the Board would have to make that same declaration and then put it on the site.  Mr. Hall stated that as Administrator Fetzer indicated, this could then be listed on and would avoid the need for a separate advertisement or  transporting of the item.  Trustee Haines inquired about when an item is to be sold, will it also go on our Township website, enabling a potential buyer to be aware that it is on the GovDeals website.  Administrator Fetzer indicated that yes, the GovDeals link will be on the Township website and when someone clicks on that link all of our current Township items will be readily accessible.

Trustee Chessler inquired whether the Board will establish certain days, maybe quarterly, where each department would submit items as they become available.  Administrator Fetzer indicated that the Board will receive a monthly update from the online auction representative, a copy of every transaction will be forwarded directly to the Township account representative and distributed to the requested Department Head and Fiscal Officer and filed accordingly.  A monthly accountability log of sold items will be forwarded to the Board and Administrator to assist with the tracking process and to determine the annual dollar benefit to the Township.  Trustee Chessler inquired as to how the process of knowing when each Department Head will have items to be put up for auction.  Trustee Haines verified that the question at hand was whether the process would be done quarterly or the last month of each quarter or a set time-frame so that the site does would not need to be maintained constantly.  Trustee Haines stated that if this process was done for example, four (4) times per year, it would be a set time period to post the items to be auctioned.  Administrator Fetzer indicated that this process could be done any way that the Board would choose.  Trustee Laubacher added that the quarterly process would benefit the auction site representative and buyer in that the site would not have to be monitored on a daily basis. 

Trustee Chessler made a motion that the Board adopt the Resolution authorizing the intent to dispose of unneeded, obsolete  items or equipment from the Township by internet auction encountered  in 2013 for Perry Township; Seconded by Trustee Laubacher.

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

 Fire Department: None.

Police Department:

Swat Cooperative Proposal Discussion

Chief Pomesky  stated that since 2009 the Perry Township Police Department has had several instances where the police department has instigated a SWAT team through the city of Canton and at times through the State Highway Patrol.  The Perry Police Department has been approached by the City of Canton, who is regionalizing their SWAT team with several area departments, with an opportunity  to come on board.  In the past, the Perry Police Department has participated in regional entry teams, or SWAT teams, and in those instances, have always fell short just because of the amount of man power that was required of the department to provide.  This opportunity comes as a feasible solution for the Police Department to provide another increased level of service to the community in that only one (1) police officer need be provided.  The Police Department would be providing ongoing services as well as responding to a potential threat to the community.  Currently on board with the Canton Police Department is the Stark County Sheriff’s Offices, Magnolia Police, Canal Fulton Police Department, Carroll County Sheriffs Office, Carrollton Police Department, Minerva Police Department and the East Canton Police Department is currently looking to come on board. 

Chief Pomesky stated that he would like to receive the Board’s authorization to enter into more specific conversations with the City of Canton and develop a memorandum of understanding with them.  Chief Pomesky stated that he would also like to look at how the Perry Police Department can participate with the City of Canton and network together as a team for our community.  Trustee Laubacher verified that the Police Department wanted to bring this matter to the Board’s attention for approval.  Chief Pomesky stated that is correct, that before the Police Department would sit down at the table to talk with the City of Canton, the Board be knowledgeable that these conversations would be happening.  Trustee Haines verified that the Township has used the services of the SWAT team in the past, and there were too many officers utilized out of our department at one time.  Chief Pomesky stated that in the past, there were six (6) people on an entry team (SWAT) for an extended period of time and that does not work for a department of Perry Police Department’s size; however one (1) person would be very feasible.

Trustee Chessler verified that Chief Pomesky’s next step in this process would be a memorandum of understanding based on the discussions with the agency and then see the specific terms of that memorandum.  Chief Pomesky stated that was correct.  Trustee Laubacher asked if this would involve more than one of our police officers if the designated SWAT officer would not be on duty or on vacation.  Chief Pomesky  stated that there would only be one (1) officer designated for the time being so not to strap the department, resource-wise.  If there was a call out, the designated SWAT officer would be expected to be accessible and be able to respond.

Road Department:

Consider ODOT’s Sign Grant Application and Cooperative Purchasing Program

Superintendent Masalko stated that this Grant for Fifty Thousand Dollars ($50,000.00) is made available for townships for new signage.  As the Board is aware, the Township needs to be in compliance with new signage by 2015.  It is for the most part, cautionary signs and stop signs.  The grant is designated for a total of Fifty Thousand Dollars ($50,000.00) but the Township will not need to use this much of the grant because the Township does not have Fifty Thousand Dollars ($50,000.00) worth of signage within the Township.  If the Township does proceed with the Grant we must use the complete sum of the intended amount or pay for the unused portion.   Therefore, Perry Township is applying for Thirty Two Thousand Eight Hundred Seventy Four Dollars ($32,874.00) of that Fifty Thousand Dollar ($50,000.00) grant.  In order to purchase the signage, the Township needs to enter into a cooperative agreement with ODOT through a cooperative company also with ODOT.  Superintendent Masalko stated that he asked the Law Director, Mr. Hall to create  the resolution to pass this evening.

Trustee Laubacher made a motion that the Board authorize the participation in the Ohio Department Of Transportation  Cooperative Purchasing Program pursuant to Ohio Revised Code Section 5513.01 (B); Seconded by Trustee Haines.

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

Consider Approval to Advertise for Bid the Summerdale/Partridge Storm Sewer Improvement Project

Superintendent Masalko stated that the Township has applied to the Ohio Public Works Commission for a grant in order to do the Summerdale/Partridge and Crownpoint storm sewer improvements.  Initially, the Township did not make the cutoff point but, in speaking with Jeff Dotson from Stark County Regional Planning this past week, it looks as if the Township will be fully funded to move forward with this project.  Superintendent Masalko also stated that Consulting Engineer for the Township , Karl Oprisch, drafted up a bid packet enabling the Township to put this proposal out to bid so that when the money does become available, it can move forward.   Trustee Laubacher stated that last Fall when the Township was looking into this matter, it was stated that we were on the bubble and that there was a chance that some of this money would not be coming back; some of this money must have come back from some other projects.  Mr. Masalko stated that was correct, that Mr. Dotson did not go into specifics where the money came back from but that we should be fully funded.  Mr. Masalko stated that if the Township is not fully funded, Engineer Oprisch would be able to reduce the project down to the money that the Township will be allotted.

Trustee Chessler made a motion that the Board authorize the solicitation of bids for the Summerdale/Partridge Storm Sewer Improvement Project on the terms outlined in the written invitation bid form that was presented to the Board tonight; Seconded by Trustee Haines.

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

Trustee Haines stated that the bids for the Summerdale/Partridge Storm Sewer Improvement Project will be published in the Canton Repository on May 16, 23, and 30,2013 and in the Massillon Independent on May 16, 23, and 30, 2013.

Law Director:

Law Director Hall stated that he and Fire Chief Martin have fully reviewed and received eight (8) signed copies of the collective bargaining agreement that was previously negotiated.  Mr. Hall stated that he wanted to thank Mr. Moore sitting in the back of the room.  Mr. Moore was one of the lead negotiators for the fire union and to also thanked Chief Martin and Trustee Chessler for their assistance in putting this collective bargaining agreement together.

Mr. Hall stated that he would like to suggest to the Board that this be a three (3) year contract and point out that the union, recognizing the financial restrictions of the budget during 2013, has agreed to take a zero (0) percent pay raise this year.  One significant point, the union continuing to make other concessions specific  to their continuing to pay for their major medical and their hospitalization.  A specific change that will affect the Fiscal Officer more than anything else; in the past, uniform allowance was done on an item reimbursement system.  The list of items would be approved by the chief, an order would be placed, the item would come in, the Fiscal Officer would get the invoice and a check would be made with a purchase order.  This would be a new system with this contract under the guise of Chief Martin.  The Township will cut a check to each firefighter for the amount of the uniform allowance and then monitor each of their expenditures to make sure the firefighters are in compliance.  This should reduce much of the paperwork, reduce some of the confusion and shift the responsibility to each individual firefighter.  Mr. Hall stated that this is a good, solid contract and that he would defer to Trustee Chessler and Chief Martin but is prepared to recommend that the Board accept this agreement and move forward.  Trustee Haines asked if Chief Martin had anything further to add and Chief Martin stated that he did not.

Trustee Chessler stated that he would like to commend everyone involved in this process.  Trustee Chessler further stated that these were productive, civil, and relevant discussions and said that he appreciates all the efforts from Chief Martin and Law Director Hall and Mr. Moore to all the attention that had to be paid to the details in order for us to come to where we are tonight.  Trustee Haines asked Mr. Moore if he had any comments to add, Mr. Moore signaled that he did not.

Trustee Chessler made a motion that the Board of Trustees approve and ratify a three (3) year agreement with the Local 3960 of the International Association of Firefighters also known as the Perry Township Professional  Firefighters Association Local 3960 to be approved on the terms and conditions of the contract that the Board has before them; Seconded by Trustee Laubacher.

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

Trustee Chessler deferred to Mr. Hall that there was a question at hand on the agreement before them.  Mr. Hall explained that there was a separate memorandum of understanding pertaining to one of the firefighters currently off on disability leave.  Mr. Hall stated that he and Chief Martin were prepared to recommend this to the Board as a collateral in addition to the contract.  This was something that the Department and the Union both recognized that this should not be part of the permanent contract because it is a limited time one-year consideration involving the injured firefighter, David Shetler.  Trustee Chessler asked Mr. Hall if this was something that was previously discussed with the Board’s Executive Session and if he was prepared to recommend its approval this evening.  Mr. Hall stated that this matter was discussed previously and he and Chief Martin were prepared to recommend this to the Board.

Trustee Chessler made a motion that the Board of Trustees approve and adopt the memorandum of understanding supplementing the collective bargaining agreement between the Local 3960 and the Board of Trustees for the period of January 1, 2013 through December 31, 2015; Seconded by Trustee Laubacher.

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

Zoning: None.

Parks/Recycling: None.

Department Matters Not Requiring Board Action:

Administration: None.

Fire Department: None.

Parks/Recycling: None.

Police Department:

January 2013 Statistics

Road Department: None.

Zoning: None.  

Law Director: None.

Upcoming Events:

Trustee Haines stated that the Board has before them a notice from the Ohio Division of Liquor Control SAS Perry LLC DBA Hype Ultra Dance Club, 3315 Lincoln Way E., Massillon, OH  44646, Ronnie L. Courtney II, DBA Ronalis Bar permit be transferred 7748350 responses received by March 28, 2013. 

Trustee Haines stated one other reminder, it is spring forward this Sunday, March 10, 2013 so be sure to turn your clocks forward to get an extra hour of daylight.

Public Speaks-Open Forum:

George Goodman- 200 Proudly Avenue.  Mr. Goodman stated that he was present at the last Board meeting to talk about the Hype Club.  Mr. Goodman stated that for the first ten (10) days after the last Board meeting, it was pretty quiet at the Hype, but continually kept getting louder.  Mr. Goodman asked if the Board could enlighten him on what was going on with the situation.  Trustee Chessler stated that the Hype Club has made application with the Ohio Division of Liquor Control to transfer the permit that was assigned to those premises from the prior owner to the current owner.  Trustee Chessler continued to say that the Ohio Division of Liquor Control will rule upon that application for transfer and anyone wishing to comment or object to this had to do so by March 28, 2013.  Mr. Goodman asked how he would go about making an inquiry/comment on this matter.  Trustee Chessler stated that Mr. Goodman could contact the Ohio Division of Liquor Control online or by telephone.  Trustee Haines stated that the Board would provide Mr. Goodman with the telephone number for the Liquor Control Division.

John Jackowski- 455 Montrose Ave. NW.  Mr. Jackowski  inquired as to a road repair schedule since his neighborhood has many areas in need of repair.  Trustee Haines stated that the Road Department does not have a list of road repairs at this time, that this is something that is reviewed each spring, looking at which repairs would be the worst and trying to stay within the budget at the same time.  Trustee Haines explained that in his neighborhood, road repairs referred to as microsealing were done with a tar base over top of this process and it has been over two (2) years and has held up very well.  Trustee Haines further explained that this process is a budget cutting source that enables the Township to do more roads for less money.  Mr. Jackowski  asked if there was any way the residents could speed this process in the areas of needed repairs.  Trustee Haines assured Mr. Jackowski that residents can always have input in this area, and by him being at this meeting had the attention of the Board as well as the Road Superintendent.   Mr. Masalko stated that he made note of Mr. Jackowski’s address and will look at this area.

Trustee Laubacher stated that he wanted to make mention of the ODOT State Route 172 Project (the area on Lincolnway from Leonard Avenue to Woodlawn Avenue) starting on March 18, 2013.  Trustee Laubacher also stated that he has been contacted by the ODOT Project Manager, that a project field house will be located in the Marc’s Plaza and that there will be a preconstruction meeting to be held at the Township Administration Hall this Friday, March 8, 2013.  Trustee Laubacher stated that the contractors met last fall but did not want to start on this project until this spring, not knowing what the weather was going to be like.  Grates, water piping will be installed, especially around Perry and West Tusc..  Trustee Laubacher stated that it may have been a positive thing that this project did not get started last fall because some of the work that needed to be done was not included in the maps, now they have added these extra catch basins in those areas.  Trustee Laubacher further stated that the contract states that this project is to be finished by August 31, 2013.  This project will be done in four (4) different groups:  the Southwest area from Perry to Leonard; the Northwest area from Perry to Leonard; the Southeast area from Central; the Northeast area from McDonald’s , Taco Bell area.  Traffic will be maintained but there are twenty five thousand (25,000) plus cars that drive through that area per day.

Missy Petitti- 455 Montrose Ave. NW.  Ms. Petitti had a question pertaining to Trustee Laubacher’s explanation of the Route 172 project and asked if there would be one lane opened in each direction during this construction.   Trustee Laubacher stated that he could not answer the question at this time since the preconstruction meeting would not be held until this Friday, March 8, 2013, but would say that there would probably be at least more than one lane open.

 Ms. Petitti inquired about the Hype Dance Club and the recent shooting incident.  Chief Pomesky stated that there had been several noise complaints since then but no other significant calls for service.  Ms. Petitti asked if the Hype had changed ownership hands per the liquor license matter.  Trustee Chessler stated that the ownership changed hands about a year ago.  Ms. Petitti stated that she had patronized the Hype Dance Club the past Saturday night and it was very quiet.  Ms. Petitti also stated that they had done such a nice job inside and it seemed a shame that the recent shooting there would tarnish them forever.  Ms. Petitti knows of people that would no longer go into the Hype Club because of the shooting incident and that is why she wanted to know the status of this.  Trustee Haines asked Chief Pomesky to share the memorandum of understanding that we have with the Hype Club.

Chief Pomesky stated that the Police Department is monitoring what is going on inside the club and around the club to address the community complaints and concerns that were brought forward.  There is an open form of communication with the owners so that if any issues would arise, they (the owners) are very responsive.  The owners have taken steps to comply with some of the concerns.  The fence from Lennox SW has been moved back to accommodate a complaint from a community member.  The owners have instituted each level of security enhancements previously spoken about, so considerable progress has been made with the Hype Club.  Chief Pomesky stated that even though the Hype Dance Club is implementing these things, there would be nothing to stop another homicide from happening. 

Law Director Hall stated that the minutes should reflect that due to the official work of Chief Pomesky and his police officers that not only was this matter promptly resolved but that there was a plea today to the indictment. 


With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 7:40 pm; Seconded by Trustee Chessler.

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


Doug Haines, President                                                                                                 Joe Schlegel, Fiscal Officer