Regular Meeting

Regular Meetings 

 The Perry Township Board of Trustees meets in Regular Meeting format on the first and third Tuesday of every month at 7:00 PM.   

The meetings are held at the Township Hall located at

3111 Hilton Street NW

in Massillon. Regular Meetings include reports by Department Heads, the Law Director, and the Township Administrator.  The public is welcome to offer comments during the Public Speaks portion of the agenda on township related matters.

 

Perry Township Board of Trustees

 

Regular Meeting

 

June 4, 2013 7:00 pm

 

 

 

Call to Order/ Pledge of Allegiance:

 

Excused absence:  Scott Weckbacher, Zoning Inspector – Attending Stark County Regional Planning Mtg.

 

Additions/Deletions to Agenda: None.

 

Public Hearings/Invited Guests:

 

Trustee Chessler stated that the Board will review the street lighting district submitted by Mr. Todd Christner on behalf of Superior Dairy, 4719 Navarre Rd. SW, Canton, OH  44706.  The Board’s records show that the street lighting petition was circulated in March; there are greater than fifty percent (50%) of feet of the lots of land abutting the streets in the proposed district, a legal description of the proposed district created is attached; the petition was filed April 1, 2013; the Fiscal Officer notified the Trustees for the need of hearing on May 7, 2013; on June 4, 2013 the hearing was set for this evening, June 4, 2013; a copy of the notice to the landowner was given at least fifteen (15) days before this Hearing on May 14, 2013; the Fiscal Officer has published notice in the newspaper at least one time in the last two weeks before the hearing; the petition is submitted by Mr. Todd Christner on behalf of Superior Dairy who owns five hundred (500) feet; Trustee Chessler indicated that he is familiar with the area and that there are requested six (6) street lights (five lights at $10.00 ea., 1 @ $13.00) total cost being $63.00 per month; $378.00 per 6 month period; $756.00 per year.

 

Trustee Chessler made a motion, based on the information presented, that the Board establish a Street Lighting District submitted by Mr. Todd Christner on behalf of Superior Dairy, 4719 Navarre Rd. SW in Canton, OH  44706 for the requested six (6) street lights (five lights at $10.00 ea., 1 @ $13.00) for a total cost of $63.00 per month; $378.00 per 6 month period; $756.00 per year; Seconded by Trustee Laubacher.

 

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

 

Trustee Chessler stated that the next petition the Board will be considering this evening will be at 13th and Manor Ave. SW, Canton, OH  44708 submitted by Doris Lower; the Board’s records show that the street lighting petition was circulated in April; there are greater than fifty percent (50%) of the feet of the lots of land abutting the streets in the proposed district; the petition was filed May 3, 2013 with the Fiscal Officer; the Fiscal Officer notified the Trustees for the need of hearing on May 7, 2013; on May 7, 2013 the hearing was set for this evening, June 4, 2013; a copy of the notice to every landowner has been given by the Fiscal Officer as of May 14, 2013; the Fiscal Officer has published notice in the newspaper at least one time in the last two weeks before the hearing; four (4) property owners have signed this petition for one (1) street light, $11.00 per month; ($2.75 per month per resident/$16.50 per six month per resident/$33.00 per year per resident), allocated through the four (4) properties; Seconded by Trustee Haines.

 

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

 

Trustee Chessler stated that the next petition the Board will be considering will be at Bordner & 14th St. SW, Canton, OH  44708 submitted by Bernadette Forchione; this petition also contains the signatures of five (5) property owners for four (4) lights at $11.00 each ($8.80 per month per resident/$52.80 per 6 month per resident/$105.60 per year per resident).  This petition was circulated and contains fifty percent (50%) or greater of the feet of the lots of land abutting the streets in the proposed district; a map of this area is attached; the petition was filed May 6, 2013; the Fiscal Officer notified the Trustees for the need of hearing on May 7, 2013; on May 7, 2013 the hearing was set for this evening, June 4, 2013; on May 14, 2013, a copy of the notice to every landowner had been given;  on May 21, 2013 publication of this notice was published at least one time in the last two weeks before this hearing.  Trustee Chessler stated that even though the petitioners were not present this evening, the Board had various conversations with the petitioner and residents in the area who indicated that the reason they are requesting is that they are in favor of creating a street lighting district; Seconded by Trustee Laubacher.

 

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

 

Communications: 

 

Public Speaks on items up for Board Approval: None.

 

Township Business requiring Board Action: None.

 

Unfinished Business:   None.

 

New Business:

 

Trustee Haines made a motion to approve bills in the amount of $147,112.99 for the week ending May 28, 2013 and bills and payroll in the amount of $268,138.97 for the week ending June 4, 2013 for a combined total of $415,251.96; Seconded by Trustee Laubacher.

 

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

 

Fiscal Officer: 

 

Trustee Haines made a motion to accept the minutes from May 14, 2013 Regular Meeting; Seconded by Trustee Laubacher.

 

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

 

Administration: 

 

Consider Quotes as Submitted by Tenant Farmer To Replace Kitchen Floor

 

Administrator Fetzer stated that Paul and Alyssa Bender have submitted three (3) quotes for the replacement of the kitchen floor, attached, for the Board’s consideration.  The Benders have noted the kitchen floor has started to lift in several areas.  The Benders are proposing to the Board that they pay for the flooring improvements in advance with the cost being offset against their monthly lease amount.  This is the same method the Board has authorized in the past bathroom home improvements. 

 

Trustee Haines made a motion that the Board approve the Bender’s request to move forward in replacing the kitchen floor in the amount of eight hundred eighty-five dollars twenty-seven cents ($885.27) from Bob and Pete’s Flooring, 4713 Tuscarawas St. W., Canton and that the Benders pay for the flooring in advance with the cost being offset against their monthly lease amount in the next two (2) months; Seconded by Trustee Chessler.

 

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

 

Consider Contracting Outside Legal Counsel Mike Esposito of Clemans Nelson ~ Implementation of Affordable Health Care Act Requirements

 

Administrator Fetzer stated that as the Board is aware that beginning January 1, 2014, the Affordable Health Care Act will become Federal Law and contain many requirements that will affect several part time township employees.  This Affordable Health Care Act will require any employee working in excess of 30 hours per week to be offered healthcare.  The fire department will be most impacted by these regulations as there are approximately 60 part time fire department employees.  Administrator Fetzer stated that she, along with Trustee Haines and Chief Martin met with Mike Esposito of Clemens Nelson on April 30, 2013 to gather information in consideration of hiring outside legal counsel to assist with the implementation process.  In meeting with Mr. Esposito, it was deemed that any large employer, that being one that employs over fifty (50) employees should retain some type of outside legal counsel for the guidance and resolution aspect of implementing the AHCA federal law requirements.

 

Administrator Fetzer stated that Mr. Esposito has assisted other townships with compliance of the AHCA and has created a model template for assistance which he implemented at Springfield Township which the Board can refer to as a reference.   Resolutions have already been prepared and can be edited to meet the needs of our township.  Many aspects of the AHCA will require multiple resolutions by the Board. 

 

Administrator Fetzer briefly referred to the attachments presented to the Board of the Clemans Nelson and Associates, Inc. services profile at an annual retainer amount of two thousand one hundred dollars ($2,100.00) and an hourly consultant fee of one hundred fifty dollars ($150.00) for resolutions as needed concerning part time employees.

 

Trustee Chessler inquired as to the template that Clemans Nelson has created and inquired as to what type of services they will provide.  Trustee Chessler verified that he is aware that this group has specialized services in Affordable Health Care and implementing the requirements of these regulations.   This is a specialty area that would demand expertise in this specific matter.

 

Trustee Haines stated that the biggest challenge being faced is getting the resolutions in place to move forward and it is imperative that it happen this month because of the time frame of July to December for implementation of this resolution before January 1, 2014.

 

Trustee Chessler stated that he would prefer having another week to gain more information about this specialized service.  The Board has identified the areas within the Township regarding the thirty (30) hour limitation that would directly affect us and the goal was to not unwittingly enter into a situation to provide health care to employees that were not intended to receive them.

 

Trustee Haines stated that this matter can be put on the agenda for the next Work Session with the ability to take action thus allowing the law director more time to decipher what type of resolutions would be needed and also what type of monitoring would also be needed to control this process. 

 

Fire Department:

 

Deputy Fire Chief Abbott stated that the fire department is requesting that the Board of Trustees authorize the services of Consolidated Fleet Services, P.O. Box 8238, Searcy, AZ  72145 to conduct the required annual inspection and non destructive testing on all Perry Township Fire Department ground ladders and aerial apparatus.  The cost of ladder testing services not to exceed one thousand five hundred dollars ($1,500.00).  Quotes were obtained from three (3) sources.  Consolidated Fleet Services was the lowest bid at one thousand one hundred seventy-seven dollars and fifty cents ($1,177.50) and meets all of the NFPA and Ohio Administrative Code requirements for testing.

 

Trustee Haines asked if the difference between the amounts was due to repairs that possibly would need to be made.  Deputy Abbott stated that yes, due to the heat sensors and possible labeling or electrical danger, there could be additional charges added to the $1,177.50 quote, but not to exceed $1,500.00.

 

Trustee Haines made a motion that the Board approve the fire department to spend up to $1,500.00 to conduct the required annual inspection and non destructive testing on all Perry Township Fire Department ground ladders and aerial apparatus with Consolidated Fleet Services; Seconded by Trustee Chessler.

 

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

 

Deputy Fire Chief Abbott stated that the fire department is requesting that the Board of Trustees accept a donation in the amount of three hundred dollars ($300.00) from Mr. and Mrs. Floyd Clough, 5342 Brookwood Dr. NW, Canton, OH  44708.  The fire department responded to a small fire inside the Clough’s residence.  Mr. and Mrs. Clough appreciated the service that was rendered and made a three hundred dollar ($300.00) donation to the fire department.

 

Trustee Chessler made a motion to gratefully accept the three hundred dollar ($300.00) donation from Mr. and Mrs. Floyd Clough of Brookwood Drive, Canton; Seconded by Trustee Laubacher.

 

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

 

Deputy Fire Chief Abbott stated that the fire department is requesting that the Board of Trustees authorize the payment of one thousand five hundred sixty dollars ($1,560.00) to the Ohio Fire Chief’s Association for the written portion on the Captain’s promotional testing.  Under Article 39.4 of the Collective Bargaining Agreement, the Fire Department is required to utilize the Ohio Fire Chief’s Association for promotional testing.   On May 6, 2013, the written examination portion of the promotional testing was administered by the Ohio Fire Chief’s Association.  The base price of the examination is $1,500.00 with an additional fee of $10.00 per candidate taking the examination.  There were six (6) candidates that participated in the written examination.

 

Trustee Laubacher made a motion that the Board of Trustees authorize the payment of one thousand five hundred sixty dollars ($1,560.00) to the Ohio Fire Chief’s Association for the written portion on the Captain’s promotional testing; Seconded by Trustee Chessler.

 

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

 

Police Department:

 

Road Department:

 

Road Superintendent Masalko stated that the road department, along with engineer, Karl Oprisch, is requesting the Board’s approval for a resident informational meeting to take place on Tuesday, June 11, 2013 before the Township Work Session regarding the Summerdale/Partridge Storm Sewer improvement project.  Trustee Laubacher inquired as to how the residents were going to be notified about this informational meeting.  Mr. Masalko stated that informational flyers would be handed out door-to-door.

 

Trustee Chessler stated that he spoke with County Engineer, Keith Bennett today regarding various potential projects within the township.  Trustee Chessler suggested that we extend an invitation to the County Engineer’s Office regarding this Summerdale/Partridge Storm Sewer improvement informational meeting on Tuesday, June 11th to answer any possible questions.

 

Law Director: None.

 

Zoning: None.

 

Parks/Recycling: None.

 

Executive Session(s): 

 

Department Matters Not Requiring Board Action:

 

Administration: None.

 

Fire Department: None.

 

Parks/Recycling: None.

 

Police Department:

 

Submission of stats for March and April 2013

 

Road Department: None.

 

Zoning: None.  

 

Law Director: None.

 

Upcoming Events:

 

~Perry Township Bicentennial Meetings are scheduled for the last Tuesday of each calendar month at the Perry Township Hall beginning at 7:00 pm.

 

~The next Perry Township Business Exchange meeting is scheduled for Tuesday, June 25th, 2013 at 7:30 am at the Police Department Community Room.

 

Public Speaks-Open Forum:

 

Dave Kerestes, 3500 Lincolnway E., Apt. 4, Massillon, OH  44646 – Mr. Kerestes stated that he is aware of illegal liquor establishments opened under false criteria and is determined to bring these matters to the attention of the township , law director, police, prosecutors and judges.  Mr. Kerestes stated that the Hype is one of these establishments.  Chief Pomesky stated that the police department recently had a meeting with the Ohio Investigative Unit regarding compliance permits and have found no illegal establishments.  Mr. Kerestes made more comments about several matters that he felt were illegally handled and thanked the Board for their time.

 

Tim Blythe, 2956 Bridgeton St. NW, Massillon, OH  44646 – Mr. Blythe inquired as to the plan for going forward for ways to cut costs in the general fund.  Mr. Blythe stated that since 2014 is rapidly approaching and referred to Fiscal Officer Schlegel’s statement that the Township will not have enough money to get through 2014, he wanted to inquire about what has been done and what is going to be done.

 

Trustee Haines stated that the Board will continue to do what is possible with cutting costs but that there have been no changes to report since the last meeting Mr. Blythe attended with inquiries regarding the general fund.

 

Trustee Chessler asked Fiscal Officer Schlegel to recap the financial projection of the Township through 2014.  Fiscal Officer Schlegel stated that the Township has been notified that we will be receiving some estate tax money which will see the Township through the end of 2014.

 

Trustee Chessler stated that he is not trying to diminish the urgency and problem at hand regarding the Township’s financial state entering 2014.  The state budget is expected to be adopted by the end of this month and that will tell us more about the estate tax source of monies.  Trustee Chessler also stated that the Board is not trying to ignore Mr. Blythe’s points regarding each department and services that the Township provides and stated that he does think the Board needs to take a look at each of these matters for future consideration and cost savings.

 

Mr. Blythe inquired if there had been any change in the way that expenses are documented so as to know where these expenses are going.  Mr. Blythe referred to letters he had addressed to the Board at the beginning of the year regarding the importance of the breakdown of the expenses.  For example, if there would be $100,000.00 in expenses related to the parks – what would the itemization break down be;  what  would be listed as labor, maintenance, equipment costs, fuel costs, things of this nature.

 

Mr. Blythe referred to a cost breakdown the Fiscal Office had supplied to him regarding the expenses incurred from Fasnacht Farm in the past year.  Mr. Blythe stated that he found it hard to believe there were only four (4) expenses incurred in a year’s time at the Fasnacht Farm.  Fiscal Officer Schlegel stated that he did supply Mr. Blythe with exactly what was spent this past year in regard to Fasnacht Farm.  Mr. Blythe stated that he feels the Township should better identify what specific funds there are and exactly how things are being spent.  Mr. Blythe also stated that he feels that the Township should be doing a better job in documenting these costs.

 

Trustee Haines stated that regarding the changes in the parks department, it is clear as to exactly what is being spent in that department.  Mr. Blythe inquired if there was some type of documentation from the park employees as to the jobs/duties being worked on for the particular day.  Trustee Haines stated that there is not.

 

Fiscal Officer Schlegel stated that regarding audits being conducted through the State of Ohio to the Township, the last three (3) audits have been perfect with no citations, further verifying that the Township does go by the rules set forth by the State of Ohio.  Mr. Schlegel stated that when Mr. Blythe requests information or records, he gives him exactly what he has to give.

 

Mr. Blythe stated that just because the Township passes the state audit, it does not necessarily mean that the Township has a clear understanding of what can be done to save money.  Mr. Blythe also stated that the only way to get an idea of what is being spent is to break it down to find out what all the expenses are.  Mr. Blythe also stated that a good example of this were the issues regarding the lighting districts.  Last year, the Township identified a number of expenses that were not completely being realized as to exactly what was being paid for.

 

Mr. Schlegel stated that everything that comes into the Township is receipted in.  Mr. Schlegel stated that as the Fiscal Officer, he can only provide what he has.  Mr. Blythe inquired as to why sub-accounts to the existing accounts couldn’t be established so there would be a better understanding of where the money is being spent instead of being in a generalized expense account. 

 

James Garaux-1339 Dunkeith Dr., Canton, OH  44708-Mr. Garaux inquired as to putting the monies pertaining to the general fund on a spreadsheet, example: gas, maintenance, labor. 

 

Mr. Blythe stated that he has requested a detailed expense sheet many times from the fiscal office.  Mr. Blythe referred to a previous phone conversation with Fiscal Officer Schlegel back in January, 2013 whereby Mr. Blythe requested a detailed expense sheet and was told that one does not exist.  Mr. Blythe explained that he wanted to request this information knowing that a levy for the general fund would be running in May 2013 and he wanted to get a better understanding of where the Township’s monies were going and there is not an understanding of this. 

 

Bard Huntsman-4025 Prosway Ave. SW, Mr. Huntsman stated that regarding Mr. Blythe’s request for breakdowns on expenses incurred, his understanding of any breakdown request would need to come from any of the Department Heads:  Fire, Police, and Road.  They would be responsible for any breakdown expense information. 

 

Mr. Huntsman also commented on hearing Trustee Chessler on the radio regarding the current micro-surfacing on the Township streets/roads and stated that he thought that this was explained very well.  Mr. Huntsman also stated that he wanted to thank Trustee Haines for helping with the Perry Helping Perry.  Mr. Huntsman stated that he wanted to mention today’s passing of Regis Perry and wanted to point out what a staunch supporter he was of Perry Township and how much he gave to our Township.   Trustee Haines thanked Mr. Huntsman for his comments and agreed that Regis Perry did so much for this community and stated that he will be sadly missed. 

 

Mr. Huntsman also inquired about missing seeing the meeting minutes and agendas on the website.  Trustee Haines stated that there have been some issues relating to the website that would hopefully be taken care of this week.

 

James Garaux-1339 Dunkeith Dr., Mr.Garaux inquired about what happened to the recycling center.  Trustee Haines explained that the recycling center was part of budget cuts the Township made regarding monies lost in the recycling operation in 2012.  Trustee Haines briefly explained how the budget cuts were brought about and how the two (2) self-serve recycling locations have replaced the previous recycling station. 

 

Ruth Garaux-4617 4th St. NW, inquired about whether the recycling station takes brush, tree branches and trunks.  Trustee Haines stated that yard waste is accepted at the Perry Township Road Department at 1500 Jackson Ave., Monday through Friday from 7 am to 2:30 pm.  Trustee Haines also stated that there are also dumptsters outside of the gates on Jackson Avenue that accepts yard waste on the weekends.

 

Adjournment:

 

With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 8:02 pm; Seconded by Trustee Laubacher.

 

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

 

 

 

                                                                                                                                                                                                               

 

Doug Haines, President                                                                                                 Joe Schlegel, Fiscal Officer