Re-Organizational Meeting
Perry Township Board of Trustees
Re-Organizational Meeting
January 3, 2012 7:00pm
Call to Order/Pledge of Allegiance:
Re-Organizational Matters:
A. Appointment of Board President
Trustee Capaldi made a motion that the Board appoint Trustee Craig Chessler as the President of the Board; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
B. Appointment of Vice President
Trustee Chessler made a motion that the Board appoint Trustee Lee Laubacher as the Vice President of the Board; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
C. Administer Oath of Office to Joe Schlegel, Fiscal Officer
Trustee Chessler administered the oath of office to Joe Schlegel, Fiscal Officer for the term to commence on April 1, 2012.
D. Establish 2011 Annual Compensation for Board and Fiscal officer per ORC 505.24- Executive Session
This matter will be discussed later in the agenda after the third executive session.
E. Reappoint Personnel to Fiduciary and Non-Bargaining Unit Positions to Include Benefits and Terms and Conditions of Employment
Trustee Chessler made a motion that the Board reappoint personnel to fiduciary and non-bargaining unit positions to include benefits and terms and conditions of employment as they existed at years end 2011;
Trustee Capaldi asked that this matter be held until later in the agenda after the third executive session.
Trustee Chessler withdrew his motion.
F. Set Monthly Day and Time for Regular Meetings/ Work Sessions
Trustee Chessler made a motion that the Board set the first and third Tuesdays of each month for regular meetings to commence at 7:00pm and for the second Tuesday of each month a work session also commencing at 7:00pm; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
G. Approve Receipt of All Advances from County Auditor on Real and Personal Property Taxes
Trustee Capaldi made a motion that the Board approve receipt of all advances from County Auditor on real and personal property taxes; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
H. Consider Accepting the Approval of the 2012 Township Budget- $11,669,257.94
Trustee Chessler made a motion that the Board accept the approval of the 2012 Township budget in the amount of $11,669,257.94; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
I. Set Mileage Reimbursement at 55.5 Cents Per Mile Per IRS Rates for 2012
Trustee Capaldi made a motion that the Board set the mileage reimbursement at 55.5 cents per mile per IRS rates for 2012; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
J. 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 Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
K. Consider Amendment of Public Records Policy- Over 100 Pages Will Cost .05 Cents Per Page
Trustee Chessler stated that previously the Board adopted a public records policy pursuant to recent legislation and in doing so the Township had previously operated under a policy and practice to not charge for public records. However, due to some requests and a review of the law the Board has asked the Law Director to advise them on a policy and believes that it is the Board’s preference to establish this policy with regard to public records in providing the first one hundred (100) pages of any records request without charge and five (5) cents per page there after.
Trustee Chessler made a motion that the Board adopt and supplement the current public records policy by establishing that the Township will provide the first one hundred (100) pages of any records request without charge and five (5) cents per page there after; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
L. Establish Rate of Reimbursement for Uniform Clothing Allowance Limited as Follows:
1. Police Chief- $1,000.00
2. Road Superintendent- $400.00
3. Establish Uniform Allowance for Fire Chief and Deputy Chiefs to be Equal to Employees of Collective Bargaining Units
Trustee Chessler made a motion that the Board establish the rate of reimbursement for uniform clothing allowance as follows; Police Chief- $1,000.00, Road Superintendent- $400.00, and Fire Chief/ Deputy Fire Chiefs to be equal to employees of the collective bargaining units; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
M. Consider the Appointment of Larry Wilhelm as Appeals Board member and Carlos Nicholson as Zoning Commission member for Another Term
Trustee Chessler made a motion that the Board appoint Larry Wilhelm as Appeals Board member and Carlos Nicholson as Zoning Commission member for another term; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
Excused absence: Scott Weckbacher, Zoning Inspector- Attending Stark County Regional Planning
Additions/Deletions to Agenda:
Trustee Capaldi asked that the matter of the “Volunteer Fire Fighters Dependency Fund” be added to the agenda under the Fire Department.
Trustee Chessler made a motion that the Board add the matter of the “Volunteer Fire Fighters Dependency Fund” be added to the agenda under the Fire Department; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
Public Hearings/Invited Guests: None.
Communications: None.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action:
Unfinished Business:
Consider Awarding Genoa Avenue School Zone Improvement Quotes
Trustee Chessler stated that previously the Board had considerable discussions regarding the Genoa Avenue School Zone Improvement project. The Township has solicited price quotations for certain improvements which will be presented by Mr. Masalko.
Mr. Masalko stated that on November 30, 2011 the Road Department received a quote that was over budget from a local company. The quote could not be used so the Road Department solicited for more quotes and two (2) were received. Abbott Electric quoted $28,241.00 and Schaub Electric quoted $19,500.00. The quote from Abbott Electric is still over what the Road Department anticipated. Both quotes were sent over to the engineer today and Mr. Masalko inquired if the proposals were comparable apples to apples. The engineer stated that the proposals were comparable apples to apples and he doesn’t understand why there is such a large gap between price quotes. Mr. Masalko recommended that the Board approve W.W. Schaub Electric Company at a price of $19,500.00 to complete the Genoa Avenue School Zone Improvement Project.
Trustee Chessler inquired if there was a requirement for a bid bond on this project. Mr. Masalko stated that there was no requirement of a bid bond because the Township solicited for quotes. Mr. Masalko stated that both companies stated that if the Township required a bond that they would write a check for the amount until the work is completed.
Trustee Chessler made a motion that the Board accept the quote and enter into an agreement with Schaub Electric for the stated price of $19,500.00 for work to be done at the Genoa Avenue School Zone Improvement Project with the condition that Schaub Electric will provide bond or other form of security for their performance; Seconded by Trustee Capaldi.
Trustee Capaldi inquired if the quote met the specifications of the grant. Mr. Masalko stated that was correct. Trustee Laubacher stated that the Township usually requires a bond of some sort and requested that Schaub Electric send the Township a check. Mr. Masalko stated that both companies were willing to send checks if necessary. Mr. Masalko stated that the Road Department has used Schaub Electric in the past.
Trustee Chessler amended his motion to include a bond requirement.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
Volunteer Fire Fighters Dependency Board
Trustee Chessler stated that the Board has received communication that was entertained at the December 20, 2011 Regular Meeting from Mr. Adam Silla, Assistant District Chief of the Perry Township Fire Department. Mr. Silla has reminded the Board that there is an obligation to elect members for the Volunteer Fire Fighters Dependency Board. Some information was provided to the Board regarding this obligation but there were some very important unanswered questions as well. Trustee Chessler stated that he and the other Board members have since had some conversations and did some additional work. Trustee Chessler stated that he did not know if the Board was ready to move forward in making elections this evening but thought additional discussion would be beneficial.
Trustee Capaldi stated that she spoke with Mr. Silla who indicated that he would accept a reappointment from the Board. Mr. Silla suggested Deputy Chief Larry Sedlock who has also served in the past. The Fire Department appointed Mr. Tim Gatchell and Mr. Rick Gialuca as their representatives. Trustee Capaldi inquired why Trustee Chessler felt the Board was not ready to move forward in making elections. Trustee Chessler stated that the Board was provided with the correspondence from Mr. Silla which included the last roster of members. The Ohio Revised Code (ORC) limits the Board’s appointments and describes that the appointees can not be employees of the Township or members of the Fire Department. Chief Martin stated that he does not recall that section of the ORC limiting the Board’s choice. Trustee Chessler asked Mr. Hall to advise the Board. Mr. Hall stated that he does not believe that the ORC specifically limits or prohibits the Board from appointing members from the Fire Department. Trustee Chessler stated that the limiting section is ORC 146.03 B3, the members shall be an elector of a political subdivision of the fire district within a private volunteer fire company as contracted but not a public employee or member of the legislative authority or member of the fire company. Mr. Hall stated that he stands corrected. Chief Martin stated that he believes that section is referring to the member that is elected by the four (4) people who are appointed. Trustee Chessler asked Mr. Hall to take a few moments to review these sections. The Board will readdress this matter later on in the agenda.
New Business:
Trustee Chessler made a motion to approve bills and payroll in the amount of $207,586.05 for the week ending January 3, 2012; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
Fiscal Officer:
Trustee Chessler made a motion to approve the minutes from the December 20, 2011 Regular Meeting; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
Administration:
Consider Accepting the 2012 Recycling Makes Sense Grant Agreement
Administrator Fetzer stated that the Board has received a copy of the 2012 Recycling Makes Sense Grant agreement. The agreement has not changed at all since last year. Perry Township will be required to submit quarterly reports to Stark- Tuscarawas- Wayne Joint Solid Waste District. The 2012 Recycling Makes Sense Grant agreement requires the signature of the Board President. The Township will receive $40.00 per ton for collected recyclables.
Trustee Chessler made a motion that the Board approve and accept the 2012 Recycling Makes Sense Grant under the terms and conditions as proposed in its written documents; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
Fire Department:
Consider Accepting the Resignation of Part-time Fire Fighter Robert Richardson
Trustee Chessler stated that the Board has received a letter and memorandum dated December 30, 2011 regarding the resignation of part-time fire fighter Robert Richardson. Mr. Richardson has been with the Perry Township Fire Department since May 24, 1972. His dedication and service to the department is greatly appreciated.
Trustee Chessler made a motion that the Board accept the resignation of Robert Richardson from the Perry Township Fire Department effective January 3, 2012; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
Continued: Volunteer Fire Fighters Dependency Board
Trustee Chessler asked Mr. Hall to explain how the limitations listed in the ORC effect this Board. Mr. Hall stated that in looking at ORC 146.03 the Fire Department Dependency Board- which is a five (5) person board; Two (2) of which are elected from within the Fire Department, two (2) of which are appointed by the Board of Trustees and there is no limitation. The Board of Trustees may appoint anybody from the general public or from within the department. Once those four (4) members are selected then they meet and pick a fifth person to sit on the Board who may not be a member of the department, elected official or public employee within the fire district. Trustee Chessler confirmed that Mr. Silla was still interested in participating on the Board. Trustee Capaldi stated that Mr. Silla stated that he was still interested and also suggested Deputy Chief Larry Sedlock who has also previously served on the Board.
Trustee Capaldi made a motion that the Board appoint Mr. Adam Silla and Deputy Chief Larry Sedlock as individuals representing the Volunteer Fire Fighters Dependency Board effective January 1, 2012; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
Trustee Chessler asked that this item be added to the master calendar. Trustee Capaldi asked that either Administrator Fetzer or Chief Martin advise Mr. Silla and Deputy Chief Sedlock of their appointment.
Police Department: None.
Road Department: None.
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.
Zoning: None.
Law Director: None.
Announcements:
1. Christmas trees will be accepted at the Road Department from December 26, 2011 through January 30, 2012 during normal Recycling hours: Monday 10:00am to 6:00pm, Tuesday through Thursday 8:00am to 2:00pm, Friday 9:00am to 5:00pm and Saturday 8:00am to 2:00pm.
Public Speaks-Open Forum: None.
Executive Session(s):
Trustee Chessler made a motion that the Board adjourn into Executive Session pursuant to ORC 121.22 (G) (1) to consider compensation to include the Board and Fiscal Officer;
And…
Executive Session pursuant to ORC 121.22 (G) (1) regarding the Law Director evaluation to include the Board, Fiscal Officer and Law Director;
And…
Executive Session pursuant to ORC 121.22 (G) (4) preparing for POW Unfair Labor Practice discussion to include the Board, Fiscal Officer, Law Director and Road Superintendent; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
Board adjourned into Executive Session at: 7:29pm
Board adjourned from Executive Session at: 7:50pm
Trustee Chessler made a motion that the Board reappoint personnel to fiduciary and non-bargaining unit positions to include benefits and terms and conditions of employment as they existed at years end 2011 with the exception of rate of compensation; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
Trustee Chessler made a motion that the Board approve and adopt a schedule of established rates of pay for the year 2012 for non-bargaining unit personnel and those rates are set forth on the schedule that the Board has discussed and reviewed; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Miss Capaldi, yes.
Resignation of Trustee Capaldi:
“Regretfully, I am resigning my position as Perry Township Trustee effective January 3, 2012 at midnight. My decision to leave is both personal and professional and does not reflect a change in my love or desire to be a Trustee in Perry Township.
I believe I have had a significant and positive impact during my term in office. It has been an honor and a privilege to serve the community where I was raised and have lived for the first 40 years of my life. Perry Township is served by some of the greatest employees around. They possess a real spirit and love for their job and I am grateful for having the chance to have known them and will continue to be inspired by them.
During my term processes and policies have been put in place and highly qualified department heads have been appointed to help ensure the future success and proper administration of Perry Township.
Thank you for your support and for the opportunity to serve. It will always be my most honored and prized accomplishment. “
Trustee Chessler stated “we believe and sincerely hope that despite Miss Capaldi’s expressions here tonight that the other things that she pursues in her life both personally and professionally will be every bit as rewarding even though it is not a substitute for what she has done for Perry Township.” Trustee Chessler thanked Miss Capaldi for her service to Perry Township on behalf of everyone sitting at the dais. Miss Capaldi was presented with a plaque from the Department Heads of Perry Township in appreciation of her dedicated service.
Executive Session- (Motion made Previously)
Board adjourned into Executive Session at: 7:57pm
Board adjourned from Executive Session at: 8:38pm
Adjournment:
With nothing further to come before the Board, Trustee Capaldi made a motion to adjourn the meeting at 8:37pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes.
Craig E. Chessler, President
Joe Schlegel, Fiscal Officer