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


May 20, 2014 7:00 pm




Call to Order/ Pledge of Allegiance:


Excused absence: 


Additions/Deletions to Agenda:


Public Hearings/Invited Guests:


Swearing In Ceremony ~ Police Sergeant ~ Mathew E. Barker


Trustee Laubacher stated that as the Board is aware, there has been a vacancy within the Sergeant rank since an employee returned to the patrol division.  Since that time a competitive test was prepared and administered and an oral review has been conducted with four (4) candidates for Sergeant.  Based on the outcome of the process, it is with great pleasure that Mathew E. Barker be recommended to become promoted to Sergeant, effective immediately.


Trustee Chessler made a motion that the Board of Trustees promote to the rank of Sergeant, Matthew Barker, effective immediately at a rate of pay of $28.29/hr. in all through methods pursuant to the existing Collective Bargaining Agreement; Seconded by Trustee Haines.


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


Trustee Laubacher stated that Mathew Barker has been an excellent employee throughout his years of service with Perry Township and has excelled with every assignment he has been given.  Mathew Barker has developed a well respected reputation within Stark County for the quality of work he does on a daily basis with the department and will now have the opportunity to lead and develop our team of officers and detectives within the agency.


Trustee Laubacher asked Matt Barker to come forward to be sworn in.   Trustee Laubacher also presented the Oath of Office and Certificate to Matt on behalf of the Board of Trustees.


Matt Barker stated that he wanted to thank the Board and Police Chief Pomesky for giving him the opportunity to serve in this capacity.  Matt also stated that he appreciates the faith and trust in not only him but in his abilities as well.  Matt stated that he would also like to thank his fellow officers and employees of the Township for all of their support and encouragement as well as his family, girlfriend and friends.


5 Minute Recess






Public Speaks on items up for Board Approval: None.


Township Business requiring Board Action: None.


Unfinished Business:   None.


New Business:


Trustee Laubacher made a motion to approve bills and payroll in the amount of $92,319.18 for the week ending May 13, 2014 and bills and payroll in the amount of $119,062.04 for the week ending May 20, 2014 for a combined total of $211,381.22; Seconded by Trustee Chessler.


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


Fiscal Officer: 


Trustee Chessler made a motion to accept the minutes of the May 6, 2014 Regular Meeting; Seconded by Trustee Laubacher.


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




Consider Selecting MCO ~ Managed Care Organization Provider


Administrator Fetzer stated that every two (2) years during the month of May, open enrollment for our Managed Care Organization (MCO) is conducted.  This year the Board requested consultations with six (6) different companies:


  1. CareWorks
  2. Ault Comp
  3. The Health Plan
  4. Compmanagement Health Systems
  5. 1-888-Ohio Comp
  6. Advocare




Administrator Fetzer stated that after consulting with these individuals and having several on-site meetings, makes a recommendation that it would be in the best interest of the Township to go with the Ault Comp MCO.  Administrator Fetzer stated that with Ault Comp the Township will receive a 10% premium discount on all of the business that we do with drug testing or anything with Ault Comp on Wales Road.


Trustee Chessler inquired of Law Director Hall of a recent decision by the 8th District Court of Appeals of the Supreme Court that found that the BWC group rating program was unconstitutional and violated law.  Trustee Chessler asked if this decision would have any impact on the Township in this matter.  Law  Director Hall indicated he was not certain this recent decision would have any affect on this political subdivision but stated that he would review this and relay a memo back to the Board.


Trustee Chessler stated that based on the information presented by the Administrator and based on her recommendation after reviewing the prepared plans, makes a motion that the Board approve and enter into an agreement as our MCO for the upcoming two (2) year period with Ault Comp as Perry Township’s Managed Care Organization; Seconded by Trustee Laubacher.


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


Fire Department:


Consider Accepting the FEMA Grant in the amount of $62,894.00


Fire Chief Martin stated that the Fire Department is requesting the Board to authorize and accept the FEMA Grant in the amount of $62,894.00.  Chief Martin stated that as he had previously indicated to the Board, the Fire Department was awarded a 2013 Assistance to Firefighters Grant.  The original grant was written for a project cost of $69,882.00 to replace the department’s two (2) sets of aging hydraulic rescue tools.  The Federal Emergency Management Agency (FEMA) share of the project is $62,894.00 and the department share is $6,988.00.


Trustee Chessler made a motion that the Board of Trustees accept the FEMA grant in the amount of $62,894.00; seconded by Trustee Haines.


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


Trustee Haines inquired of Chief Martin if the aging hydraulic rescue tools would be traded in.  Chief Martin indicated that when he initially wrote the grant request, he indicated to FEMA that the equipment be donated to a local community college for their fire science program.  Chief Martin stated that because they are aged, it is deemed that the equipment is obsolete but could be used in the community college program.


Trustee Laubacher inquired of Chief Martin if there would be any liability in the regard to donating this equipment.  Chief Martin stated that when this equipment would be ready to be donated there is a process under the Ohio Revised Code that through the Law Director has been utilized in the past, and this will be presented to the Board at that point in time.  Chief Martin stated that they cannot get rid of the tools until we receive the new ones. 


Trustee Laubacher inquired where these new tools will be placed.  Chief Martin stated that one (1) set of tools will replace the set on Engine #11 at Station 1 and the other set will be placed on Engine #21.  Currently, the tools at Station 2 are on #28 which is not very efficient.  After being placed on Engine #21, it will make this a much more efficient apparatus for operating.


Consider Purchasing Wheel Rims and Tires for Engine #32


Fire Chief Martin stated that the Fire Department is requesting that the Board of Trustees authorize the replacement of wheel rims and tires on Engine 32 at a cost not to exceed $3,320.84 by Zeigler Tire, 2210 Bolivar Road SW, Canton, OH  44706.  Chief Martin stated that it was discovered that one of the inside wheel rims on Engine 32 had rusted through and separated from the wheel, photographs attached before the Board. 


Trustee Laubacher made a motion that the Board of Trustees authorize the replacement of the wheel rims and tires on Engine 32 at a cost not to exceed $3,320.84 by Zeigler Tire; Seconded by Trustee Chessler.


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


Police Department:


Union Sick Leave Status Report


Chief Pomesky stated that last week Detective Fisher came into his office to inquire about the accrual of sick leave for the police officers and detectives and the bargaining units within the department.  The question was how sick leave is calculated when an officer or detective works an overtime period during their work schedule.  Chief stated that based upon the current contract language, it states that an employee will earn sick time proportionately when they are working above the 40 hour work week.  Chief Pomesky stated that we were able to look at this from several different angles and see that this calculation had not been factored into the equation but should be easy for us to do so.  Chief Pomesky stated that he wanted to bring this before the Board this evening for advisement as well as letting the Board understand that this could be corrected very easily within the payroll process.


Fiscal Officer Schlegel stated that after this issue came to his attention, he wanted to indicate that with the current computer program, this will be indicated as overtime.  Mr. Schlegel stated that in regard to payroll, the computer does not calculate this overtime for sick time, it will only calculate this by so many hours per week per pay period per month.  Fiscal Officer Schlegel stated that the calculator allowance does not take all that information, but indicated that this is something he believes has been in there for years but would ask the Board that when the next contract comes up, we look at being able to replace that.

Law Director Hall stated that he wanted to make two (2) comments.  This above stated matter has been in the contract for a long time and clearly was an oversite from management and the first time that it was ever brought to our attention by the union.  This was a technical matter that neither side was aware of so no punitive resulted either way.  Law Director Hall also stated that he wanted to compliment Fiscal Officer Schlegel and Police Chief Pomesky that they identified the problem and corrected this in a short time after it was brought to their attention thus eliminating what could have been great anguish between management and the union.



Road Department:


Consider a Wage Increase for Road Department Casual Part Time Employee Mark Johnson


Road Superintendent Masalko stated that the Road Department is asking the Board to consider an increase in wage for casual part time employee Mark Johnson from $12.00/hr. to $16.00/hr.  Road Superintendent Masalko stated that Mr. Johnson has been a casual part-time employee since June 21, 2011 and has been an outstanding, loyal and hardworking employee.  Mr. Masalko added that Mr. Johnson has proved himself worthy of becoming a full-time employee when a position in that capacity would become available at the Road Department.  Road Superintendent Masalko stated that the Road Department has budgeted $36,000.00 in 2014 for part-time labor, attached before the Board.


Trustee Chessler made a motion, based on the request of the Road Superintendent, effective immediately that the wage for part time employee Mark Johnson be adjusted from $12.00/hr. to $16.00/hr.; Seconded by Trustee Haines.


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


Consider Hiring Roger Tournoux as a Part Time Seasonal Employee


Road Superintendent Masalko stated that the Road Department is asking the Board to consider adding Roger Tournoux as a part time employee for the Road Department at a wage of $12.00/hr. to work 28 hours a week and not to exceed 980 working hours within a year.  Start date is May 23, 2014, providing drug and alcohol testing is negative.


Trustee Chessler made a motion that the Board hire as a part time employee for the Road Department, Roger Tournoux, effective May 23, 2014.  The wage is to be at a rate of $12.00/hr., not to exceed 980 working hours within a year, providing drug and alcohol testing is negative; Seconded by Trustee Haines.


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


Law Director: None.


Zoning: None.


Parks/Recycling: None.


Executive Session(s): 


Department Matters Not Requiring Board Action:


Administration: None.


Fire Department: None.


Police Department:


March and April Statistics


Road Department: None.


Parks/Recycling: None.


Zoning: None.


Law Director: None.


Upcoming Events:


~Perry Township Bicentennial meeting – May 27, 2014 at 7:00 pm at the Township Hall


~In conjunction with the Bicentennial Celebrations- mark your calendar for the HERO 5k Run/Walk held on Memorial Day, Monday, May 26, 2014 at 10:15 am.  The race begins on 13th Street in front of the Police Department ~ Run or Walk in honor, or memory of the HERO in your life! Visit for HERO Race event details and registration.


Trustee Laubacher asked if the Chairman of the event, Fire Chief Martin, would like to add anything.  Fire Chief Martin stated that the weather was supposed to be good for the day of the race and the whole weekend.  There are over 100 runners registered at this time so people could still come out.  A very nice T-shirt is being offered and Finishers Medals as well.  Chief Martin stated that this is a great opportunity to honor your hero.  There are two 8 x 3 ft. banners that will be on display the whole weekend to which you can pen a message to your Hero and this will go on display at all the Bicentennial functions for the rest of the year.


Public Speaks-Open Forum:


Christine Griffith, 214 Snively Avenue – was inquiring of any recent discussions regarding the status of what is going on with Doctor’s Hospital.  Ms. Griffith stated that there is graffiti spreading onto these other buildings and is obviously a home for vandals and homeless people.  Ms. Griffith stated that her property value is going down and added that there is over $200,000.00 owed for back taxes.  Ms. Griffith stated that she doesn’t want this area to be turned into a brown field.


Law Director Hall indicated that a brown field has more to do with environment hazards, but stated that he can work with the Zoning Inspector to contact the property owners.  The property owners have made minimal effort to mow but can bring these concerns to their attention again.


Law Director Hall also indicated that one option would be to demolish the buildings, after following the proper procedure of due process, but the expense to demolish the building would probably far and above be what the Township could afford.  Law Director Hall stated that with the Board’s consent, we could contact the county treasurer and county auditor to pursue the matter in this regard as well.


Christine Griffith stated that she understands that there are grant funds available through the Ohio EPA that might be a good recommendation to apply for that.


Trustee Laubacher stated that there has been some interest in this property and the Township has tried to assist with this, but are limited since it is private property.  Mr. Laubacher stated that he appreciated the concern Ms. Griffith has in this matter.


Eric Blatz, 1840 Jackson Avenue NW, Perry Township – stated that he lives on the corner of Roanoke and Jackson.  Mr. Blatz stated that there is a new allotment behind Roanoke called Aberdeen Glen that is considered Jackson Township.  Trucks doing business for Ryan Homes travel down these roads daily transporting building materials and additionally, the Jackson Township school buses use these roads as well as their snow plows.   Mr. Blatz feels as though Jackson Township is taking advantage of Perry by using Perry’s facilities and roads for Jackson’s services and this in turn tears up Roanoke St.  Mr. Blatz is asking if Perry Township can communicate with Jackson Township regarding this matter. 


Law Director Hall stated that the Township really cannot do anything other than issue weight limits and weight reductions.  Mr. Hall stated that when making deliveries, even if it is crossing a Perry Township road to service a Jackson Township home being built, there is no restriction or limitation that can be done about that other than having a courteous discussion with the Jackson Township Board of Trustees or contacting the Ryan Homes company to let them know of these concerns.


Mr. Blatz also inquired of the Police Chief regarding speeding on Jackson Avenue concerning the stretch from the bottom of Perry Township to the bottom of Jackson Township.  The speed limit is 40 mph and many cars are speeding at 60-65 mph.  Mr. Blatz stated that he will volunteer his driveway for extra patrol in this area. 


Chief Pomesky stated that there were quite a bit of options for traffic enforcement in this vicinity.


Trustee Haines stated that Chief Pomesky would put some extra surveillance in this area.


Mr. Blatz stated that the Police Department is doing a good job and to keep up the good work and added that he wanted to attend the meeting this evening to address these issues that he felt were safety related.


Peggy Eash, 1678 Clearbrook Rd. NW, Massillon, OH 44646 – stated that she agrees with Mr. Blatz.  Mrs. Eash stated that they have lived in Plymouth Knolls for years and that they can sit on their porch and watch people continuously go through the stop signs on Chadwick and Clearbrook. 


Another question from the audience was since Chadwick was a complete straight-a-way, what process could they go through to put up a four way stop.


Trustee Haines indicated that there have been numerous conversations at previous meetings regarding a four way stop.  Trustee Haines stated that a four way stop cannot be put up as a way to slow traffic. 


 A question from the audience was how they could get around that rule.  Trustee Haines stated that the amount of traffic that goes through an intersection as well as speed would determine if a four way stop would be warranted.


Law Director Hall indicated that there also has to be a traffic study and an engineering recommendation from the County Engineer or a privately hired engineer to warrant a four way stop request.  Mr. Hall stated that there is specific criteria that has to be met. 


Trustee Chessler stated that traffic volume is one and the number of accidents is another.  Trustee Chessler also stated that the engineer’s office has indicated that four way stops cause more accidents than they eliminate.  Trustee Chessler stated that the county engineer’s office has also indicated that it is not a matter of signs, it is a matter of enforcement.   Trustee Chessler added that if it is known when this speeding is more likely to occur, patrols can be directed in that area.  If police are in the area and people are getting cited, the word gets out, then this is effective enforcement.


Rick Eash, 1678 Clearbrook Rd. NW, Massillon, OH 44646 – stated that there was a wreck in this same area on Saturday night and it has seemed to slow down for a few days.  The worst days are Friday and Saturday nights and it seems as though it is the older kids who live in the neighborhood or someone picking them up. 


Trustee Chessler indicated that if they know a specific time when this is happening, the police can devote their resources to that area. 


Dave Depasquale, 1700 Clearbrook Rd. NW, Massillon – stated that he was also here along with his neighbors to address the speeding as well as inquire about the three and four wheelers and whether they need to be licensed.


Police Chief Pomesky indicated that an APV sticker is necessary as well as a license and insurance on these vehicles.


Trustee Haines stated that Chief Pomesky would put some additional patrol in the Plymouth Knolls neighborhood and Jackson Avenue until things could get more in control.


Travis Secrest, 168Woodlawn Avenue NW, Canton 44708 – stated that he was here as a citizen and not as an employee of the Board of Elections.  Mr. Secrest stated that he moved to Perry Township in 2010 and at that time, the first election that he was here for there was a police issue on the ballot.  The very next year there was another police issue on the ballot.  Mr. Secrest stated that once he saw that there were two (2) issues back to back, he did some research and found that there were in fact three (3) operational levies current.  An issue on May 5, 2009 for a 3.9 mil levy, May 3, 2011 for a 1.25 levy and then in March 2012 a half mil levy all of which were for five (5) years totaling up to 5.65 mils.  There was always a question for him as to why there were three (3) levies and why they are not being combined because each time this costs the Township money.


Mr. Secrest stated that the most recent charge from the 2012 levy, the charge back to the Township was $2,309.50 for ballots and advertising.  By putting a levy on three (3) times over a five year period, these are dollars that are not gong for its intended purposes but instead are paying for ballots and advertising to host the election.  Mr. Secrest stated that now that there is going to be an upcoming special election, he is starting to feel irritated because $600.00 per precinct to operate a special election, with 19 precincts in Perry Township, that is $11,400.00 off the top that will not go to policing in this district.  Mr. Secrest inquired that to do a renewal for a 3.9 mil levy in August and an additional levy in November, will the additional in November be a combination of all of these levies or will it be a fourth levy.


Trustee Chessler stated that these levies have been put on over time and were initiated for different reasons.  Trustee Chessler also stated that at one time, the Township received a grant that supported two or three police officers and that ran for a certain amount of time.  When the grant ran out, the decision had to be made to either lay off these police officers or find another source, thus the levy was put on the ballot and it passed. 


Trustee Chessler added that the 3.9 mil levy is the main source of funding for the police department that has been renewed over time.  Trustee Chessler explained that after the commercial activity tax was put in place, one of the Trustees at that time, Anna Capaldi, was a CPA and she and the Fiscal Officer reviewed the circumstances.  Based on what the Township was gaining and losing as well as what monies would be reimbursed over time, it did not make sense at the time to combine the levies .


Trustee Haines briefly explained the benefit of the decision of the upcoming special election in August.


Trustee Chessler stated that the Board had a very thorough discussion earlier in the year when it was decided to do this levy.  The Township did not want to risk losing the big source of funding in the 3.9 mil levy so it was decided to have the 3.9 mil levy renewed and have that in place and then we would make the case for additional funding. 


Fiscal Officer Schlegel briefly explained the basis of the State’s decision regarding personal property tax monies received.


Mr. Secrest stated that he did not realize that the cap tax had anything to do with the decision on each of the levies and thanked the Board for the explanation.


Rick Eash, 1678 Clearbrook Rd. NW, Massillon, OH 44646 – Every time that there is rain, his driveway turns into a pond.  When they built the homes on Bramblebush, they took all the pipes and lines through his yard and driveway.  Mr. Eash referred to several years back when he spoke with the Trustee at the time, Jim Holmes, as well as the Road Superintendent to have this taken care of.  Mr. Eash stated that there was a hole dug to install a drain pipe, but then the work was stopped.


Trustee Laubacher stated that the county will be digging all of this out in that area this summer and should solve some of the problems that Mr. Eash was mentioning.




With nothing further to come before the Board, Trustee Laubacher made a motion to adjourn the meeting at  8:24 pm; Seconded by Trustee Haines.


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






Lee Laubacher, President                                                                             Joe Schlegel, Fiscal Officer