Work Session

Perry Township Board of Trustees

Work Session 

November 8, 2011 7:00pm

The Board has previously reserved the right to take action at this meeting

Call to Order/Pledge of Allegiance:

Excused absence:  Chief Martin and Chief Pomesky

Additions/Deletions to Agenda:

Trustee Chessler stated that there is an executive session on the agenda under 121.22 (G) (1) which is in regards to the Road Superintendent’s desire to reconfigure the staffing of the Road Department given the retirement of Mark Phillips.  The discussion will be based on generalities and the ORC strongly discourages that type of discussion in executive session.  Trustee Chessler stated that an executive session would not be required if the Road Superintendent is seeking direction or authority from the Board to take the steps necessary to look into creating another position.  Mr. Hall stated that is correct.  If the Board ventured off to the interlands of personnel that would require an executive session then it could be requested at that time.  Trustee Laubacher stated that this matter will be discussed under Road Department new business.

Public Hearings/Invited Guests:

Zoning Commission Hearing- 7:00pm

 Case Number: PE 02-11

Applicant: Lester Teeters, 2716 Perry Drive SW, Canton, Ohio 44706

 Owner: Lester Teeters, 4313 Eddie Ave. SW, Canton, Ohio 44706

Current Zoning: B-2 Commercial

Proposed Zoning: R-2 Single and Two-Family Residential

Trustee Laubacher stated that on October 4, 2011 the Stark County Regional Planning Commission recommended approval of the zone change request.  The Perry Township Zoning Commission met on October 20, 2011 and voted unanimously to approve the zone change request.

Trustee Laubacher opened the floor to those in the audience interested in speaking in favor of the proposed zone change.

Denise Teeters- 4313 Eddie Ave. SW, Canton, Ohio 44706.  Mrs. Teeters stated that she and her husband purchased the property at 2716 Perry Drive SW, Canton, Ohio 44706 with the purpose and intention to remodel the home and sell.  The couple interested in purchasing the home cannot do so until the requested zone change has been approved.

Trustee Laubacher opened the floor to those in the audience interested in speaking in opposition of the proposed zone change.  Hearing none the Board moved forward with a motion.

Trustee Laubacher made a motion that that Board of Trustees approve the zone change requested at 2716 Perry Drive SW, Canton, Ohio 44706 from B-2 Commercial to R-2 Single and Two Family Residential; Seconded by Trustee Chessler.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, yes.  Miss Capaldi, yes.

Public Speaks on items up for Board Approval: None.

Township Business requiring Board Action:

Unfinished Business: None.

New Business:

Trustee Laubacher made a motion to approve bills and payroll in the amount of $145,579.13 for the week ending November 8, 2011; Seconded by Trustee Capaldi.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, yes.  Miss Capaldi, yes.

Fiscal Officer:

Trustee Capaldi made a motion to approve the minutes from the November 1, 2011 Regular Meeting; Seconded by Trustee  Chessler.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, yes.  Miss Capaldi, yes.


Letter Received from Jan Liedtke Requesting Temporary No Parking Signs in the 200, 300 Block of Lennox Ave. SW on November 19, 2011

Mr. Hall stated that Chief Pomesky emailed everyone to inform them that the event of concern was cancelled.  Mr. Hall suggested that the Board continue to take action on this matter just in case the event does take place or it is scheduled for another date and time.  The proposed draft resolution sites all of the appropriate ORC and Administrative codes.  Mr. Hall stated that he met with Trustee Laubacher, Chief Pomesky, Chief Martin, John Masalko and Scott Weckbacher to map out the appropriate and affected streets.  Mr. Hall suggested that the Board approve the draft resolution leaving the date and time open to the discretion of the Road Superintendent upon notification that the event is going to take place.

Trustee Capaldi asked for some back ground information regarding this matter as far as the purpose of the resolution and the Township obligation to the event.  Mr. Hall stated that the Fire Department is concerned about maximum capacity at the venue if the event were to move forward.  The venue has a maximum capacity of one hundred and fifty (150) people and the parking lot is only big enough for twenty-five (25) to thirty (30) vehicles.  If the venue generates the type of attendance that they are predicting the concern is that the vehicles will be parked down Lennox and other adjacent streets to where an ambulance or other emergency vehicles would not be able to get to the residences in the back.

Mr. Hall stated that the other issue regarding this specific event was that the “Girls Gone Wild” bus was going to be parked on the north side of Lincoln Way in the old Trigger Time parking lot and that people would be crossing the five (5) lanes of Lincoln Way during the advertised time of the event which was from 8:30pm to 4:00am.  The major concern was that when you mix large crowds with a bar and busy street there may be an automobile vs. pedestrian accident.  The Police Chief and Fire Chief coordinated EMS, Police and Fire to address any concerns that might come up.  Mr. Hall stated that the resolution is for the purpose of temporary “No Parking” signs.  Trustee Chessler stated that this is a temporary response to an event within a defined location.  Mr. Hall stated that the temporary “No Parking” signs would be put up by the Road Department in this situation from Friday to Monday morning.  This would help control pedestrian and traffic congestion if this event were to move forward.  Trustee Capaldi inquired if the Township was getting into helping pedestrians cross the street and so forth.  Trustee Chessler stated that the police would be conducting normal traffic control measures as they would in any situation with a lot of cars and a lot of people.  Mr. Hall stated that Chief Pomesky has mentioned at one time borrowing signs from the Sheriff’s Office to warn traffic of pedestrians.  There was also a plan for heavy police presence to be in the area.

In an attempt to make the resolution more contingent, Trustee Chessler suggested that the dates should be from now until the end of the month (November 30) just in case there is going to be another event announced based upon credible information received from any Township Official (i.e. Police Chief, Fire Chief, etc).  Mr. Hall stated that after speaking with Administrator Fetzer, public notice does have to be given regarding the temporary “No Parking” regulations via press release and must be posted in three (3) conspicuous locations.  At this point, if there is no event then no press release is needed.

Trustee Chessler made a motion that the Board adopt a written resolution as prepared by the Law Director that will be modified from its current written form to allow the Board to engage in the acts recited therein; anytime between now and November 30, 2011 on a date to be announced based upon credible information received by Township Officials that an event would occur that would require the parking restrictions to be invoked at the locations and on the time frames that were established within the written resolution; Seconded by Trustee Laubacher.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, yes.  Miss Capaldi, yes.

Trustee Laubacher asked Administrator Fetzer to contact Ms. Liedtke to inform her of the status of this matter as well as the Board’s action taken this evening.  Administrator Fetzer stated that she would do so.

Administration:  None.

Fire Department: None.

Police Department: None.

Road Department:

Consideration of the Creation of an Assistant Road Superintendent Position

Mr. Masalko stated that with the retirement of Foreman Mark Phillips this is the perfect time to ask the Board to discuss and consider the creation of an Assistant Road Superintendent position.  The Assistant Road Superintendent would be a salary position and would have no ties to the collective bargaining unit.  Research showed that Jackson Township and Plain Township both have non-union, “class B management personnel.”  Mr. Masalko stated that in speaking with Trustee Chessler and Mr. Hall he indicated the need for creating this position and a strategy for how to do it.  Trustee Capaldi stated that there would be an Assistant Road Superintendent as well as a Road Maintenance Specialists.  Mr. Masako stated that was correct.  Trustee Capaldi inquired if the Road Maintenance Specialist is a bargaining position.  Mr. Masalko stated that was correct.  Trustee Capaldi inquired how the proposed position will be delineated from a bargaining position.  Mr. Hall stated that his concern is three fold; this job is significantly different than when the Police Department created the position of Deputy Chief.  There is currently a job description for Road Foreman and if you compare the current job description with some of the proposed or draft Assistant Road Superintendent they are very close.  Mr. Hall stated that in his opinion the job description does not meet the exception for management or supervisory level employees to exempt them out of a union.  A job description could be created but the problem is that the Road Department Union is so small that the Assistant Road Superintendent as well as the Road Superintendent sometimes does the work of the bargaining unit (i.e. plowing snow, etc).  Mr. Hall stated that it is his fear that if the union would file a grievance that an arbitrator would rule that there is a distinction by name only and that “Road Foreman” and “Assistant Road Superintendent” is the same.  Currently, the Road Department is down one Foreman and one Road Maintenance Specialist.  If the Department was back up to a full staff where there was a Foreman in place and then an Assistant Road Superintendent position was created with supervisory/ managerial statutory duties and on occasion fill in or do work of the union you have a greater likelyhood of either having SERB approve the position or winning a grievance arbitration.  Trustee Capaldi stated that the Board already discussed that the Perry Township Road Department workers are more than the neighboring communities and that through attrition would be reducing the number of workers.

Trustee Chessler asked Mr. Hall to go through the process of how to do this in the right way.  Mr. Hall stated that first a job description would have to be created that is truly managerial/ supervisory.  Then SERB would be petitioned to recognize and ratify that the Assistant Road Superintendent position is separate and distinct of that of the Road Foreman, Road Maintenance Specialist and is not a union position.    Trustee Chessler stated that Mr. Masalko was coming to the Board to ask for authorization to move forward in the proper way.  Mr. Hall stated that the union will fight this tooth and nail and he is not sure how long this process will take.  Mr. Masalko is in somewhat of a time crunch because of snow season.

Trustee Capaldi inquired how other communities are able to plow all of their roads with less people.  Mr. Schlegel stated that other communities are utilizing casual or seasonal employees to help with snow and ice removal.  Trustee Capaldi stated that the City of North Canton went through a performance audit and they re-routed and cut time in half as far as their plowing strategies.  Mr. Masalko stated that both Jackson Township and Plain Township use park employees as well.

Mr. Hall stated that another problem is during snow and ice removal season where you are working ten (10), twelve (12), fourteen (14) hours continuous and shifts are overlapping.  Mr. Masalko can not work a twenty (20) hour day and effectively manage a work force.  When Mr. Phillip’s was employed as a Foreman they would split the supervisory time.  Mr. Hall stated that the union is going to inquire if it was possible to promote one of the current Road Maintenance Specialists to Foreman and then hire a lower paid Road Maintenance Specialist.  Trustee Chessler stated that Mr. Masalko is asking the Board for a fiduciary employee.  Mr. Hall stated that the union is going to file a grievance and an unfair labor practice (ULP) if a Foreman is not promoted from within the union.  Article 25 states that if there is any bargaining unit position that is vacant, when you fill that position you have to promote from within, with a sixty (60) day probationary period.  If they do not succeed then they are put back to their original position and then you can go outside of the bargaining unit to hire another foreman.   If the Road Department says they are not hiring another Foreman or Road Maintenance Specialist but then creates a new position of Assistant Road Superintendent the Township is going to get an unfair labor practice charge saying that this is another attempt by management to undermine the union.  The claim will be that the Assistant Road Superintendent is the same as the Foreman position especially if the Foreman’s job description has him working hand in hand and doing the same job as the Road Maintenance Specialists.  Trustee Capaldi inquired if Mr. Phillips primarily supervised or if was he out doing the duties.  Mr. Masalko stated that Mr. Phillips was primarily out doing the duties.  Mr. Phillips would be out on the most important job of the day supervising and working.

Mr. Hall stated that he isn’t saying that the Township can’t petition SERB and create a job description.  It is a matter of taking what Mr. Masalko has drafted and adding some specific statutory language.  Then an application would have to be filed with SERB to recognize that this is a legitimate position that is not within what has been recognized before.  This is going to quickly result in two (2) things; a ULP filed by the union saying that the Township is undermining the union and file a grievance saying that by creating this position there is no intent to hire a Foreman which is denying them the opportunity of a promotion under Article 25.  Trustee Capaldi stated that she in concerned about any type of delay that could affect snow and ice removal.  Trustee Chessler stated casual workers can be utilized.  Trustee Capaldi inquired if there are enough casual employees to be able to handle the snow.  Mr. Masalko stated that he would have to call up the casual employees and divvy up the routes.  Trustee Capaldi inquired if the casual employee’s availability is limited.  Mr. Masalko stated yes because some of them have other full time jobs.  Trustee Capaldi stated that is a concern.  Trustee Masalko stated that he is preparing to run an ad for casual employees on  Mr. Hall stated that it may just take longer to get the snow cleared than it has in past years.  Mr. Masalko stated that Chief Martin inquired why he wasn’t using Zack Bergmann and Gary Swisher to help with snow and ice removal.  Mr. Schlegel stated that they would have to be paid overtime.  Mr. Hall stated that they could be utilized during their regular hours of 7:00am to 3:00pm.  Trustee Laubacher stated that they both have CDL’s because they have to drive the fire trucks.  Mr. Masalko stated that they are both Class A’s.  Trustee Capaldi stated that the Township would have to ask Mr. Bergmann and Mr. Swisher if they are interested in filling in as necessary.  Mr. Masalko stated that other municipalities and Township’s use all possible employees.

Trustee Laubacher suggested that Mr. Hall draft a job description and get started on the route that Mr. Masalko wants to go.  Also, if it is possible to use Mr. Bergmann and Mr. Swisher then the Township should use them as well.  Mr. Hall stated that there is nothing in the contract that says that you can’t use Mr. Bergmann and Mr. Swisher. The union is going to file a grievance and unfair labor practice no matter what because they are going to say that this is another way that management is trying to undermine the union.  Trustee Capaldi stated that the Board is trying to manage what needs to be done with the money and people available to them.  Mr. Hall stated that he will make the statutory changes to what Mr. Masalko has already provided so that an application can be made to SERB.  Mr. Masalko will need to speak with Chief Martin and the other employees to see if they are willing to step up and help out with snow and ice removal.  Mr. Hall stated that he will move forward with the application to SERB if the Board is in support of what Mr. Masalko wants to do.

Trustee Laubacher stated that Mr. Masalko inquired about a new hire position.  Mr. Schlegel recommended that the Board not replace Mr. Phillips.  Promoting from within would be fine.  Budgetary wise Mr. Phillips retiring was almost a blessing.  Trustee Chessler stated that he would rather wait and see where the Township is in the budget process in December before he commits to anything.  Mr. Masalko stated that he may need to create a larger pool of casual employees.  Trustee Capaldi suggested that Mr. Masalko contact North Canton to see how they re-routed because it was an ingenious plan.  Trustee Chessler stated that Mr. Hall is going to be creating a draft job description and taking the steps necessary to petition SERB to have them rule upon the creation of the position.  Trustee Laubacher suggested that Mr. Masalko continue to hire as many casual employees as he can.

Law Director: None.

Zoning: None.

Parks: None.

Department Matters Not Requiring Board Action:

Administration: None.

Fire Department: None.

Parks/Recycling: None.

Police Department:

Road Department: None.


Law Director: None.


  1. Fall Leaf Drop Off- October 15, 2011 through November 20, 2011.
  2. Stark County Commissioners- Annexation Hearing regarding a portion of Route 30 and Cincinnat Street scheduled for Tuesday, November 15, 2011 at 5:30pm- Township Hall
  3. Next Regular Meeting is scheduled for Tuesday, November 22, 2011 at 7:00pm

Public Speaks-Open Forum: None.

Executive Session(s):

Trustee Laubacher made a motion to adjourn into executive session pursuant to ORC 121.22 (G) (1) regarding compensation to include the Board, Fiscal Officer, Road Superintendent and others as requested for Department Head evaluations; Seconded by Trustee Capaldi.

Trustee Capaldi suggested breaking the evaluations up so that each of the Department Head has a good amount of time to have a discussion with the Board.  Mr. Masalko and Mr. Weckbacher will have their evaluations this evening.  The rest of the Department Heads will be evaluated at the next regular meeting.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, yes.  Miss Capaldi, yes.

The Board adjourned into executive session at: 7:44pm

The Board adjourned from executive session at: 8:20pm


With nothing further to come before the Board, Trustee Laubacher made a motion to adjourn the meeting at  8:20pm; Seconded by Trustee Capaldi.

ROLL CALL: Mr. Laubacher, yes.  Mr. Chessler, yes.  Miss Capaldi, yes.

Lee C. Laubacher, President

Joe Schlegel, Fiscal Officer