Reorganizational Meeting
Perry Township Board of Trustees
Regular Meeting
January 4, 2010 7:00pm
Call to Order/Pledge of Allegiance:
Reorganizational Matters:
A. Appointment of Board President
B. Appointment of Vice President
Trustee Capaldi made a motion that the Board appoint Trustee Laubacher as Board President and Trustee Chessler as Vice President; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Trustee Capaldi made a motion that the Board adjourn into executive session under O.R.C. 121.22 (G) (1) to discuss hiring, dismissing, disciplining, promoting or compensation to include to Board, Fiscal Officer, Law Director and Fire Chief as needed; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
The Board adjourned into Executive Session at: 7:02pm
The Board adjourned from Executive Session at: 7:16pm
C. Establish 2011 Annual Compensation for Board and Fiscal Officer per O.R.C. 505.24
Trustee Capaldi made a motion that the Board establish the 2011 annual compensation for Board and Fiscal Officer per O.R.C. 505.24; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
D. Reappoint Personnel to Fiduciary and Non-Bargaining Unit Positions
Trustee Capaldi made a motion that the Board reappoint personnel to fiduciary and non-bargaining unit positions at the 2010 pay rates and benefits with the exception of Ashley McCabe having completed her probationary period and increased duties since hire and establish her at a rate of $12.00 per hour; Seconded by Trustee Laubacher.
Trustee Chessler stated that there was a similar situation last year where certain employees were picked to receive substantial wage increases while others did not. It is not a question of the employee’s dedication or performance but it is a question of timing, economic climate and inconsistency of treating one person different from the others. It is also a matter that there is a policy in place where Department Heads were suppose to make these requests in a time for the Board to have an adequate opportunity to consider and discuss which was not present here. This probationary period ended a couple of months ago and although there was a brief discussion of it Trustee Chessler stated that he hadn’t heard anything of this before the recent correspondence about the agenda this week. Trustee Chessler stated that he takes away from the budget hearing that the Township received electric aggregation money and some other funds that the Township didn’t budget for but helped the budget immensely. The message to be taken away is that the Township was in a bad position last year and those funds helped the Township get through the year. The Township is in the same position now as it was then. Trustee Chessler stated that the unemployment rate in Ohio is still above ten percent (10%) and the senior citizens have gone two (2) years without an increase. Trustee Chessler stated that the Board has taken position in good faith in negotiating with the unions that pay raises were inappropriate and the Board has convinced the unions to accept that position of everyone to go without. Trustee Chessler stated that he finds this to be inconsistent as a principal. It isn’t the person. It isn’t the amount. Trustee Chessler stated that for those reasons he is opposed.
Trustee Capaldi stated that it is not inconsistent. The Board is giving the adjustment because of the end of the probationary period and there is an increase in duties. Trustee Capaldi stated to correct the record that the Department Head did in fact follow the previous policy that was established in 2006 to bring a memorandum to the Board in the month of November and discuss it with the Board. The Board collectively did not discuss it prior to today which is why the executive session was called. The prior administrative assistant in that position was making $15.00 an hour and this is only being adjusted to $12.00 an hour. Trustee Capaldi stated that she feels that the Board is being consistent and they were communicated with properly.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, no. Miss Capaldi, yes.
E. Set Monthly Days and Time for Regular Meetings/ Work Sessions
Trustee Laubacher made a motion that the Board set the first and third Tuesdays if each month to hold Regular Meetings and the second Tuesday of each month to hold Work Sessions at 7:00pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
F. Approve Receipt of all Advances from the County Auditor on Real and Personal Property Taxes
Trustee Capaldi made a motion that the Board approve receipt of all advances from the County Auditor on real and personal property taxes; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
G. Consider Accepting 2011 Township Budget- $12,117,720.59
Trustee Laubacher made a motion that the Board accept the 2011 Township budget of $12,117,720.59; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
H. Set Mileage Reimbursement at 51 cents per mile per IRS rates for 2011
Trustee Chessler made a motion that the Board set mileage reimbursement at 51 cents per mile per IRS for 2011; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
I. Authorize Fiscal Officer to Invest Interim Funds and Conduct Operational Transfers Within Funds as Available and Necessary
Trustee Capaldi made a motion that the Board authorize the Fiscal Officer to invest interim funds and conduct operational transfers within funds as available and necessary; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
J. Establish Rate of Reimbursement for Uniform Clothing Allowance Limited as Follows:
1. Police Chief- $1,000.00
2. Police Deputy Chief- $1,000.00
3. Road Superintendent- $400.00
4. Establish uniform allowance for Fire Chief and Deputy Chiefs to be equal to employees of collective bargaining units
Trustee Laubacher made a motion that the Board establish a rate of reimbursement for uniform clothing allowance limited as follows; Police Chief, $1,000.00, Police Deputy Chief, $1,000.00, Road Superintendent, $400.00 & Fire Chief/ Deputy Chiefs to be equal to employees of collective bargaining units; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
K. Consider the Appointment of Appeals Board Member and Zoning Commission Member for Another Term
Trustee Capaldi made a motion that the Board appoint Marc Shefelton to the Board of Zoning Appeals member vacancy and Doyle Parcell to the Zoning Commission reappointment; Seconded by Trustee Chessler.
Trustee Chessler stated that he recalled that the Board was going to advertise the position by a press release and some applications were received by the Zoning Inspector. Trustee Capaldi stated that she felt it would be appropriate for the Board to consider those applications for the alternate member vacancy on the Board of Zoning Appeals which could be discussed. Trustee Chessler stated that the Board never discussed nor represented that those who submitted resumes would only be considered for an alternate position. The Board never established precedent or policy to automatically appoint alternates and not consider others for an open position. Trustee Capaldi stated that she didn’t know why the Board would have someone other than someone who has been serving as an alternate but this matter could be tabled if that is what the rest of the Board would like to do. Trustee Chessler stated that he didn’t think that it was fair to reject people who took the time to apply. Trustee Capaldi stated that she is not rejecting them but feels that it would be more appropriate to be appointed as an alternate member which is what other members of the Board have done in the past. Trustee Capaldi stated that she did ask Mr. Shefelton whether or not his rational for being on this Board was so that he could run for Trustee someday and he stated that it was not. Trustee Capaldi stated that she approached Mr. Shefelton regarding the vacancy on the Board of Zoning Appeals because of his interest in the community. Trustee Chessler stated that he won’t question Mr. Shefelton’s community involvement as his record speaks for itself but he is looking for a fit person who has taken the time to follow the Board’s directive by submitting something in writing stating that they are interested in the position.
Trustee Capaldi stated that she would not withdraw her motion. Trustee Chessler withdrew his second.
Mr. Schlegel asked if there was a second to Trustee Capaldi’s motion. Trustee Laubacher seconded the motion.
Trustee Laubacher stated that he feels that Mr. Shefelton has done a good job as the alternate and that it would be wrong not to allow him to take on the full position. Trustee Capaldi stated that she doubled checked with Mr. Weckbacher and Mr. Shefelton comes before the meeting to familiarize himself with the cases on the agenda and operates in a respectable way.
Trustee Chessler stated that it isn’t a problem that you support it or how you support it but eight (8) people took the time to do this on the expectation that they would even get a modicum of consideration and he is stunned that the Board is doing this.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, no. Miss Capaldi, yes.
Trustee Capaldi asked that the discussion of the alternate member for Board of Zoning Appeals be placed on the agenda for the Work Session.
Excused absence: Scott Weckbacher, Zoning Inspector- Regional Planning
Additions/Deletions to Agenda:
Trustee Capaldi stated that under communications she would like to make a small acknowledgement on the employee’s efforts to adopt a family.
Public Hearings/Invited Guests: None.
Communications:
Perry Youth Basketball Request to Consider Adding Their Link to Perry Township Website
Administrator Fetzer stated that the Board received this request via email from Mr. Paul Hervey. Perry Youth Basketball is a new program and they are just requesting that the Township add the link to their website onto the Township website. Trustee Capaldi stated that this would be consistent with other youth sports. Administrator Fetzer stated that was correct. The Board agreed that the link be added to the Perry Township website.
Trustee Capaldi acknowledged the Perry Township employees for adopting three (3) families for Christmas and collectively raising $1,880.00 which provided presents and food. The employees also collected and donated to the Stark County Humane Society. Trustee Capaldi commended the employees for their commitment and willingness to provide to those less fortunate.
Public Speaks on items up for Board Approval:
Bard Huntsman- 4025 Prosway SW. Mr. Huntsman expressed his disappointment in how the Board handled the matter of reappointing/ appointing Zoning Board members. Mr. Huntsman stated that all applicants should have been considered equally and should have received a phone call from either Mr. Weckbacher or one of the Trustees to inform them of their decision. Trustee Capaldi stated that the Board didn’t have the opportunity to talk prior to the meeting because of Township laws but they were able to read through the resumes prior to the meeting and she feels comfortable with the decision that she made. Trustee Capaldi stated that she would not vote to appoint Mr. Huntsman to the position of Board of Zoning Appeals because she does not agree with his thought process and rational on how to make decisions. Mr. Huntsman inquired how she could determine that without interviewing him. Trustee Capaldi stated that Mr. Huntsman comes to the meetings, questions the Board’s integrity, and makes arguments for and against things that the Board has done. Trustee Capaldi stated that she would not appoint Mr. Huntsman to this position which is her personal opinion.
Mr. Huntsman stated that he wanted to ask some questions regarding a matter from the last meeting where the Board approved to transfer money from one fund to another. Trustee Capaldi stated that she didn’t feel it was appropriate to discuss that during “public speaks on items up for Board approval.” Trustee Laubacher inquired if his questions were in regards to money being taking from each department. Mr. Huntsman stated that was correct. Mr. Hall explained that there was a misquote in the newspaper. Mr. Huntsman inquired if someone could clarify the information that was misquoted. Trustee Capaldi explained that would be an appropriate question for the next public speaks.
Tracy Schlup- 1132 Delverne Ave. SW. Ms. Schlup inquired about the status of the dispatch committee that was developed on December 7, 2010. Trustee Chessler stated that after the committee was formed on December 7, 2010 Trustee Capaldi circulated a memorandum to involved departments and Trustees summarizing the steps that were approved. Trustee Chessler stated that he circulated a memorandum in efforts to organize the committee and the direction it would go consistent with the steps approved. The memorandum stated that each involved department should submit their department representatives by the first week of January. Trustee Chessler stated that he has not received a list of names as of this date. Ms. Schlup inquired if the committee was still going to be moving forward. Trustee Capaldi stated that the Board has not changed anything that they have decided. Ms. Schlup stated that with all of the respect for the Board of Trustees that it is a conflict of interest for Trustee Chessler to chair the committee because of his employment with the City of Canton. Ms. Schlup asked that the other two (2) Board members have Trustee Chessler step down from the chair position. Mr. Hall stated that Perry Township is a limited home rule Township so the process to seek the Attorney General’s opinion by statute must go through his office. Mr. Hall reminded the Board that this question was raised back in March of 2010 and he researched the matter, rendered an opinion to the Board citing many of the same statutes, code sections and ethical administrative rules that Ms. Schlup referenced. Mr. Hall stated that it is his opinion that there is no conflict of interest because Trustee Chessler is the Board’s designate to SCOG and in his capacity of an employee with the Law Director’s Office is not directly affiliated by contract or in any other way ineligible to be a SCOG representative on behalf of the Perry Township Board of Trustees or to serve as the Chairman or committee member of the committee. There is no ethical violation or conflict of interest. If there were Mr. Hall stated that he would have stepped forward and said something. Trustee Capaldi explained that the purpose of the committee is to suggest options not to make decisions.
Trustee Chessler inquired if Ms. Schlup is accusing him of doing something illegal, unethical or improper. Ms. Schlup stated that she is seeking an opinion to ensure that things are being done properly in Perry Township. Trustee Chessler stated that Mr. Hall has answered that question. Ms. Schlup stated that she is asking that Mr. Hall inquire an opinion from the Attorney General just to make sure that Perry Township is doing things properly. Trustee Capaldi stated that she has been working with Trustee Chessler for six (6) years and she feels very comfortable with him sitting on the committee which is why she made the recommendation for him to do so.
Township Business requiring Board Action:
Unfinished Business: None.
New Business:
Trustee Capaldi made a motion to approve the minutes from the December 21, 2010 Regular Meeting minutes; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Trustee Chessler made a motion to approve bills and payroll in the amount of $315,520.14 for the week ending January 4, 2011; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Fiscal Officer: None.
Administration: None.
Fire Department:
Consider Accepting Resignation of David Aberth
Chief Martin asked the Board to accept the resignation of part-time Captain David Aberth effective December 31, 2010. Mr. Aberth has been with the Perry Township Fire Department since 1997 and due to changes in his personal life he is unable to stay on the department. Mr. Aberth was dedicated and professional and will be missed by the organization.
Trustee Capaldi made a motion that the Board accept the resignation of David Aberth; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Police Department:
Consider Recommending for Staffing of Dispatch by Promoting Amy Lincoln and Debbie Ponieski to Full-time Dispatchers
Chief Pomesky stated that on December 7, 2010 he was directed by the Board to explore additional staffing for the dispatch center. Through some meetings and conversations with certain individual’s, one of the options that had presented itself was the promotion of the current part-time dispatcher, Amy Lincoln to a full-time status and promoting the administrative assistant, Debbie Ponieski to a full-time dispatcher to increase staffing to accommodate staffing deficiencies. Chief Pomesky stated that he looked into part-time staffing in which he has some reservations with. It takes approximately two (2) to two and a half (2.5) months to perform a background check and three (3) months to fully train a new dispatcher. Ms. Lincoln and Mrs. Ponieski are already trained in dispatch which will allow the Police Department to see some immediate relief for staffing the dispatch center. Chief Pomesky recommended that Ms. Lincoln be promoted to full-time effective the beginning of the next pay period at a rate of $13.52 per hour, $400.00 uniform allowance and probationary period of one year and promoting Mrs. Ponieski to a full-time dispatcher position effective the first week of February at a rate of $17.84 per hour, uniform allowance of $400.00 and seniority as outlined in Article 10 Section 10.1 of the collective bargaining unit.
Chief Pomesky stated that he has spoken with Mr. Schlegel regarding this plan and he indicated that it could be funded. Mr. Schlegel stated that Chief Pomesky is not going to replace some part-time people which will help.
Trustee Laubacher made a motion that the Board hire Amy Lincoln as a full-time dispatcher effective January 7, 2011 at a rate of $13.52 per hour, $400.00 uniform allowance and probationary period of one year and hire Debbie Ponieski as a full-time dispatcher at a rate of $17.84 per hour, uniform allowance of $400.00 and seniority as outlined in Article 10 Section 10.1 of the collective bargaining unit effective February 4, 2011; Seconded by Trustee Chessler.
Trustee Chessler inquired if Mrs. Ponieski would have to resign from her administrative assistant position first then be re-hired as a full-time dispatcher. Mr. Hall stated that in this case it would not be necessary because it is a lateral transfer within the same department.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider the Step Two Grievance Hearing of Officer Bardnell’s Grievance Filed Regarding the Internal Investigation
Mr. Hall stated that this matter will be discussed during an executive session later in the meeting.
Consider Accepting Police Department Dispatching Contract
Mr. Hall stated that this matter will be discussed during an executive session later in the meeting.
Road Department:
Consider Purchase of Road Deicing Salt for the 2011 Season
Mr. Masalko asked the Board to consider the purchase of road deicing salt for the 2011 season. The cost per ton is $47.98 and $3.20 per ton to DRS Services, Inc. for elevation in the salt dome at a total cost not to exceed $171,629.00. Trustee Chessler inquired if that figure represents what is in the budget. Mr. Masalko stated that was correct.
Trustee Chessler made a motion that the Board authorize the Road Superintendent to purchase road deicing salt for 2011 at his discretion at the quoted prices of $47.98 per ton and approve his authority to spend $3.20 additional for the elevation at a cost not to exceed $171,629.00; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider to Advertise for Bids of Road Material
Mr. Masalko asked the Board to consider the notice to bidders for the 2011 road materials bid. It would be advertised in The Canton Repository and The Massillon Independent two (2) times; January 10 and January 12 with a bid opening of January 18, 2011 at 7:00pm.
Trustee Laubacher made a motion that the Board advertise for the 2011 material bids in The Canton Repository and The Massillon Independent two (2) times; January 10 and January 12 with a bid opening of January 18, 2011 at 7:00pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Law Director: None.
Zoning: None.
Parks: None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department: None.
Road Department: None.
Law Director: None.
Announcements:
a.) Christmas trees will be accepted at the Recycling Station from December 26, 2010 through January 30, 2011.
b.) Ohio Division of Liquor Control announces request of transfer of permit # 5227839 from 4030 Lincoln Way E. Suite D- Perry Township, Massillon, Ohio 44646- to Liquid Gold Enterprise LLC, DBA Endzone & Patio- Responses must be post marked no later than January 28, 2011.
Public Speaks-Open Forum:
Bard Huntsman- 4025 Prosway SW. Mr. Huntsman asked for a public apology from Trustee Capaldi for her prior comments regarding his application to be appointed to the Zoning Board. Trustee Capaldi stated that she is entitled to her opinion and her opinion would be that she would not select Mr. Huntsman for a membership on the Board of Zoning Appeals. Trustee Capaldi stated that she will not apologize. Trustee Laubacher stated that he reviewed the resumes and felt as if the people who already put their time in should be appointed.
Mr. Huntsman asked for clarification regarding an article that was in the newspaper. Trustee Chessler clarified the comments made regarding the apportionment of the Trustees and Fiscal Officer’s salaries from each of the General Fund, Road Fund, Police Fund and Fire Fund in relation to the total Township budget. Trustee Capaldi explained that the Board is trying to do everything that they can to keep the General Fund and the Administration Office operating by shifting what they can control.
Mr. Huntsman expressed his concern regarding whether or not this will hurt the budgets of the Township safety forces. Mr. Schlegel explained that it will not. Trustee Laubacher and Mr. Schlegel explained that in 1997 the General Fund helped out the funds of the safety forces; $630,334.11 to the Fire Department and $92,300.17 to the Police Department for a total of $722,634.28. Had that not of taken place the safety forces wouldn’t be where they are today. Mr. Huntsman thanked the Board and Fiscal Officer for their explanation.
Executive Session(s):
Trustee Capaldi made a motion that the Board adjourn into executive session under O.R.C. 121.22 (G) (1) to discuss hiring, dismissing, disciplining, promoting, compensation or investigation to include to Board, Fiscal Officer, Law Director, Police Chief & Deputy Chief; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
And
Trustee Chessler made a motion that the Board adjourn into executive session under O.R.C. 121.22 (G) (3) (4) regarding FOP preparing, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment to include the Board, Fiscal Officer, Law Director and Police Chief; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
The Board adjourned into Executive Session at: 8:35pm
The Board adjourned from Executive Session at: 9:15pm
Trustee Chessler made a motion that the Board accept the one (1) year contract for the Perry Township Police Department Dispatchers, represented by the FOP; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Trustee Chessler made a motion that the Board deny the step two (2) grievance filed by Officer Pat Bardnell on December 21, 2010 for the same reasons as set forth in Deputy Chief Carbenia’s recommendation of denial of step one (1); Seconded by Trustee Capaldi.
Trustee Capaldi noted that the grievant and union representative were notified of this hearing and have chosen not to appear before the Board to provide testimony. The Board has made their decision based on the recommendations of Mr. Hall, Law Director and Deputy Chief Carbenia.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Adjournment:
With nothing further to come before the Board, Trustee Capaldi made a motion to adjourn the meeting at 9:18pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Lee C. Laubacher, President
Joe Schlegel, Fiscal Officer