Regular Meeting

Perry Township Board of Trustees

Regular Meeting

May 24, 2011 7:00pm

Call to Order/Pledge of Allegiance:

Perry Township Zoning Commission Hearing- Advertised for May 24, 2011 at 7:00pm

-Case Number: PE 01-11

-Applicant- Perry Township Zoning Commission

-Text Amendments to the Perry Township Zoning Resolution

Trustee Laubacher stated that Stark County Regional Planning made a recommendation that Perry Township should approve the proposed text amendments.  The Perry Township Zoning Commission has voted in favor of the text amendments.  The proposal is an amendment to the Perry Township Zoning Resolution in Article 7regarding the addition of parts and materials storage requirements for a motor vehicle repair garage/ body shops.  Secondly, it would require central sanitary sewer or central water facilities for R-6, B-1, B-2 and ID- Industrial Districts.  Along with that is Article 13, Administrative Fees and Enforcement to allow the waiving of fees for governmental agencies, schools, charitable events and public meeting announcements. 

Mr. Weckbacher stated that the purpose of the text amendment for motor vehicle repair garages and body shops is to restrict parts and junk vehicles from being out in the open.  The text amendment regarding sanitary sewer and central water facilities in R-6, B-1, B-2 and ID- Industrial came from Stark County Regional Planning because the current zoning resolution is missing this requirement.  Mr. Weckbacher stated that there was nothing in the fee schedule stating the allowance of waiving fees for governmental agencies, schools, charitable events and public meeting announcements.  This idea was brought to the Township’s attention when Perry Local Schools got their permit for the addition at the high school.  Stark County Regional Planning recommended approval of the text amendments with some changes.  The Zoning Commission approved the text amendments with those changes.  This matter is now before the Board of Trustees for final approval.  Trustee Laubacher stated that for those who already run established business are grandfathered from these new requirements.  Mr. Weckbacher stated that was correct.

Trustee Chessler stated that he previously spoke with Mr. Hall regarding the zoning permit fee waiver and suggested some language.  The way that the language is currently written is deplorable.  There is no operative language to describe what it is that is intended.  Trustee Chessler stated that he suggested that the permit fee waiver be amended so as to state, “The Board of Trustees and Zoning Inspector (or designee) are permitted but not required to waive applicable zoning fees for the purposes and manners set forth in this section.”  The Trustees should not be put into a position to be mandated to waive fees if the circumstances would dictate otherwise.  Trustee Chessler stated that he agrees with Regional Planning regarding taking out the “etc.” in Section 2 as it has very undefined meaning.  Also, the word “fundraiser” is very unlimited because there may be another type of event where the Board would like to waive fees.  Trustee Chessler stated that he offers these changes to make it readable, enforceable and grammatical. 

Trustee Capaldi inquired if these changes would have to be taken through the same process for approval.  Mr. Hall stated that he agrees with Mr. Chessler in that the changes are appropriate.  The Board at this level can amend the zoning changes and text amendments without going back through the entire process.  This needs to pass through a unanimous vote by the Board of Trustees.

Trustee Chessler stated that language as written states that the “waiver request must be in writing and addressed to the Trustees.”  This does not ensure delivery therefore Trustee Chessler suggested that the word “delivery” be added as well.  Mr. Hall stated that he will work with Trustee Chessler to make the suggested changes so that this matter can be placed on the agenda for the next meeting.

Trustee Laubacher inquired if there was anyone in the audience who wished to speak for or against the proposed changes.  There was no one in the audience who wished to speak for or against the proposed changes.

Trustee Chessler made a motion that the Board table the vote on this matter until the next regular meeting; Seconded by Trustee Laubacher.

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

Excused absence:

Joyce Fetzer, Administrator- Vacation

Mark Martin, Fire Chief- Vacation/ Deputy Chief Mark Abbott in attendance

Additions/Deletions to Agenda:

Trustee Capaldi stated that she has a few items of communication that she would like to make everyone aware of.

Public Hearings/Invited Guests:

Nadine McIlwain- Coming Together Stark County- Consider Resolution Request

Ms. McIlwain introduced two (2) of the Board Members from Coming Together Stark County, Brock Hearing and Joanne Smith.  Coming Together Stark County is an organization that promotes diversity throughout the county.  In February 2009, coming together began an initiative to get every governmental entity in Stark County to sign onto a resolution supporting diversity.  As of this date all six (6) cities, more than half of the Townships and ¾ of the villages have signed on.  Ms. McIlwain stated that Coming Together Stark County is hoping to become the first county in the United States to have 100% agreement in support of diversity.  This will encourage businesses to come to Stark County to start up new ventures because there is a large support of diversity.  On July 1, 2011 Coming Together Stark County is going to have a press conference at the County Commissioners Office (all entities will be invited).  During the press conference, Coming Together Stark County is going to reveal all of the entities that have agreed to sign on.

Ms. McIlwain stated that Coming Together Stark County sent out examples of a resolution that could be used to support diversity.  The example resolution does not have to be used.  Perry Township could create a resolution of their own if that is what they would choose to do.  There has been one (1) Township and one (1) Village that has said that they will absolutely not sign on.

Trustee Capaldi stated that when the resolution was presented in February there were some grammatical and language issues that she had with the document but she was in support of doing something.  Trustee Capaldi stated that as the Secretary of the Stark County Township Association if Perry Township drafts a resolution to approve then she would offer to send it out to the other Townships and encourage them to adopt it as well.  Trustee Capaldi inquired if Coming Together Stark County has educational programs that could be provided to the Township.  Ms. McIlwain stated that there will be programs available and she will provide that information as it becomes available.

Trustee Chessler stated that Perry Township received a letter from Coming Together Stark County on June 23, 2010 and it was placed on the agenda for discussion at a meeting.  Trustee Chessler stated that he supported the proposed resolution and all of the concepts of diversity that were expressed.  Trustee Chessler stated that he made a motion and it did not receive a second.  There were some questions asked and other discussion that took place but nothing ever happened after that.  Trustee Chessler stated that he was approached by another Board Member from Coming Together Stark County asking why and did not feel that it was his place to explain all of those circumstances but told him that if he received another letter he would do what he could do to have this reconsidered.    Trustee Chessler stated that this is why he drafted and sent a letter asking that Coming Together Stark County request again that Perry Township adopt a resolution supporting diversity.  Trustee Chessler stated that he again supports the resolution for diversity without equivocation, without conditions and is advocating again the resolution that is before the Board tonight.  Trustee Capaldi stated that she does not have that resolution.  Trustee Chessler stated that if not, he would like a commitment that the Board will adopt some resolution of diversity.  Trustee Capaldi stated that she would like it to be language that the whole Board can agree on and that will do more than just talk.  Ms. McIlwain stated that she would appreciate that.  Trustee Capaldi stated that as a woman she takes diversity very seriously and seriously enough to not want to just put words on paper but to actually do something about it.  Ms. McIlwain stated that she will keep Perry Township informed of all programs available Stark County wide.

Trustee Chessler stated that he understands his colleagues concerns in regards to not having enough time to review the resolution that was provided a year ago but would like to request that a matter be put on the agenda for the next regular meeting to consider an agreed resolution regarding diversity.  Trustee Laubacher stated that he believes Ms. McIlwain has answered a lot of questions that the Board had which is why the resolution was not passed before.  Ms. McIlwain stated that she appreciated that Board allowing her to make her presentation.  The Board thanked Ms. McIlwain for her attendance.

Communications: 

James Wilcox- Trustee, Canton Township- Whipple Ave. SW Estimate

Trustee Laubacher stated that he was contacted by Mr. Wilcox, Trustee- Canton Township regarding estimates for Whipple Ave. SW.  The Board received correspondence from Mr. Wilcox.  Mr. Masalko stated that Whipple Ave. SW is a Perry Township road.  Thirty (30) to forty (40) years ago it was a “hand shake deal” between the two (2) Superintendents that Perry Township would maintain the Whipple along Canton Center Mall and Canton Township would take over the portion of Whipple by Shepler Church.  Mr. Masalko stated that he has researched the minutes and can not find anything regarding this type of agreement.  Canton Township has been maintaining that road and there is a lot of truck traffic due to the Levy Company that is located there.  Canton Township is asking for Perry Township’s assistance in coming up with a solution for this portion of the road. 

Trustee Laubacher stated that the Township assessed this roadway approximately five (5) years ago and determined that the problem is with the large trucks that travel up and down the roadway.  At one time it was discussed giving the roadway to the company but this can not be done because there are a couple of houses located here as well.  Trustee Laubacher stated that he has spoken with several of the Trustees from Canton Township and met them with them at the problem site.  The estimates that were received were anywhere from $20,000.00- $100,000.00 to do something with this portion of the road on Whipple.  Mr. Masalko stated that Tom Hewitt, Canton Township Road Superintendent has called a meeting at 9:00am on Thursday, May 26, 3011 and would like there to be a Perry Trustee, Law Director and Road Superintendent to discuss the idea of a three way split with Canton Township, Perry Township and Levy Company. 

Trustee Chessler inquired why the estimates were so different and off from one another.  Mr. Masalko stated that some of the estimates were for full depth while others were for four (4) inch depth.  Trustee Capaldi inquired if the Township would get a better price if this was determined to be added to the paving program or if it was a different construction.  Mr. Masalko stated that it would be a different construction. 

Mr. Masalko stated that he is requesting that one of the Trustees and Law Director attend Thursdays meeting with him.  Trustee Laubacher and Mr. Hall stated that they would be in attendance.

Complaint Regarding Mowing the Bank at Perry Commons

Trustee Capaldi stated that she received a complaint via phone call regarding the high grass at Perry Commons.  Trustee Capaldi stated that she spoke with Kenny Shreffler, Park Superintendent regarding the complaint.  The Parks Department is mowing the flat surface and Perry Commons is mowing there flat surface but neither is mowing the bank.  Mr. Weckbacher stated that Stark County Engineers cleaned this area out approximately three (3) years ago when they cleaned out the ditch but it has grown back since that time.  Trustee Capaldi stated that she would call the complainant back.  Mr. Weckbacher stated that if anyone were to mow it, it should be the Stark County Engineers because it is their easement.  Trustee Chessler inquired if there was a statute that requires the grass and thistles to be cut once a year.  Mr. Hall stated that this is agricultural and farm property which is different.  That statute is in reference to residential maintenance.

Meeting With Gary Connor- Stark County Engineers Office

Trustee Capaldi announced that she and Mr. Masalko are going to be meeting with Gary Connor- Stark County Engineers Office regarding ditch complaints for Perry Township so that when the Stark County Commissioners come for the meeting on June 15 there would be an organized list to present to them. 

Public Speaks on items up for Board Approval:

Bard Huntsman-4025 Prosway.  Mr. Huntsman verified that the motion that Mr. Chessler made regarding diversity in 2010 wasn’t seconded.  Trustee Chessler stated that he made a motion to adopt the model resolution proposed by Coming Together Stark County.  At that time, there was no second to Trustee Chessler’s motion.  Questions were raised and there was other discussion that took place.  Apparently, there was not support that night to adopt the resolution.  There was a request for more information that the Township Administrator provided to the Board and then nothing ever happened after that.  Mr. Huntsman asked Trustee Laubacher if there was a reason that it was not seconded.  Trustee Laubacher stated that he did not feel that there was enough information provided through the letter that was sent to the Board and Ms. McIlwain answered many of those questions tonight.  Trustee Capaldi stated that the Board wants to agree on the language and make it something that they all agree with.

Charles Riegler- 430 Cayuga Ave. NW.  Mr. Riegler inquired if the financial responsibility would fall solely on Perry Township if Canton Township, Perry Township and Levy Company can not come up with a mutual solution to the Whipple Ave. SW problem.  Mr. Hall stated that statutorily the responsibility would fall on Perry Township.

Township Business requiring Board Action:

Unfinished Business:

New Business:

Trustee Laubacher made a motion to approve bills in the amount of $32,852.69 for the week ending 05/17/11 and approval of bills and payroll in the amount of $307,654.69 for the week ending 05/24/11 for a combined total of $ 340,507.38; 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 May 10, 2011 Work Session minutes; Seconded by Trustee Chessler.

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

Administration: 

Consider Accepting Revised Tenant Famer Lease

Mr. Hall stated that he does not believe that the revised tenant farmer lease is ready for approval tonight.  Mr. Hall stated that he spoke with Mr. Morris who provided a copy of the draft lease with the changes highlighted in yellow.  The changes are minimal.  Mr. Hall stated that the big issue in his mind is the commencement/ start date of the lease.  The concept two (2) weeks ago was to have the lease begin on June 1, 2011.  Mr. and Mrs. Bender are ready, willing and anxious to move into the property as soon as possible but there is a question in regards to some interior updates and renovations that need to be done.  Solicitations have been requested for the cost of renovation and repair.  Mr. Hall inquired if the Board considered whether or not the Township will pay for those renovations or if Mr. and Mrs. Bender would pay for the renovations to offset the lease.  Trustee Capaldi stated that she wanted to see what Mr. Bender would offer.  Mr. Hall stated that when he spoke with Mr. Morris he had not heard anything from Mr. Bender. 

Trustee Capaldi stated that the Township received two (2) quotes.  One of the quotes was astronomical and the other was $7,940.00.  The third quote has not yet been received.  Trustee Capaldi stated that she asked at the beginning what this was going to cost because the Township does not have the money to spend.  A home inspection was done and it passed.  Trustee Laubacher stated that it would be a good idea to get Mr. Bender to meet at the farm house to see what he is interested in doing as far as renovations that are needed and when he would be willing to move in.  Mr. Hall suggested that he coordinate this with Mr. Morris and report back to the Board.

Fire Department:

Consider Authorizing Consolidated Fleet Service to Conduct Aerial Ladder Tests

Deputy Chief Abbott stated that the Fire Department is requesting that the Board consider authorizing the services of Consolidated Fleet Service to conduct aerial ladder testing at a cost not to exceed $1,500.00.  Three (3) quotes were obtained but Consolidated Fleet Service came in with the lowest quote at $1,197.57.  Deputy Chief Abbott stated that there could be some additional cost involved which is why they are asking to be approved for up to $1,500.00.  Aerial ladder tests are required annually.  Trustee Chessler inquired if the approval of $1,500.00 would be enough to cover any contingencies.  Deputy Chief Abbott stated that was correct.

Trustee Chessler made a motion that the Board authorize the expenditure up to $1,500.00 for the required annual inspection for the testing of the ground ladders and aerial apparatus that being specifically $1,197.57 to Consolidated Fleet Services and a balance up to $1,500.00 for contingencies if necessary; Seconded by Trustee Laubacher.

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

Trustee Laubacher inquired about Safe Kids Day.  Deputy Chief Abbott stated that it was a successful and positive event.  Many people were pleased with the turn out of the event.

Police Department:

Consider Accepting the Repeater Quote to Improve Current Radio System

Chief Pomesky stated that in looking at improving the current radio system one of the major issues is the height of the antenna at the Police Department.  A contributing factor would be the location.  The broad cast for the radio transmission is very difficult for the portables with the current configuration.  In looking at these issues with Staley Technology’s there is not a 100% fix.  With that being said, alternating power sites was the best suggestion for the current set up.

Chief Pomesky stated that they first picked the location which will be the Aqua Ohio tower.  This is one of the most central locations and it offers the elevation that will best serve the radio system needs for the Police Department.  Aqua Ohio has come back and given permission for the Police Department to put the equipment there for $10,000.00 per year.  The basis for the $10,000.00 charge is for Aqua Ohio to recoup some of the road opening costs.

Chief Pomesky stated that an additional option would be to locate the equipment at Perry Township Fire Station #3.  Chief Martin has accepted this option.  Chief Pomesky stated that this would be the best option for in house radio equipment.  This comes at a price tag of $17,583.90 and is a substantial expenditure.  Chief Pomesky stated that he would like to postpone making a decision to do this until after all of the options from the Communications Committee are determined.

Trustee Capaldi inquired when the Board would be hearing back from the Communications Committee.  Trustee Chessler stated that the information has been compiled and he was waiting for the cost figures. All of the information is ready and Miss Dean will be compiling all of the binders to prepare them for distribution.  Trustee Chessler stated that he asked Administrator Fetzer to put this matter on the agenda for the June Work Session to reserve time for the Communications Committee to come before the Board.  The materials will be distributed prior to the meeting and the Board will have an opportunity to ask the Communications Committee questions that they might have.

Trustee Chessler stated that the information is broken down into expectation on equipment needs for the future and personnel costs to do dispatching in house with both police and fire.  There is also a significant section regarding information for Countywide 911/ Dispatch which will be subject to modification in the future.

Trustee Capaldi inquired if there is a severe safety issue with the current radio system.  Chief Pomesky stated that the issues are definitely something that will have to be addressed but this has been a problem since he started working at the Perry Township Police Department.   There are some good plans and options to bring forward.  Chief Pomesky stated that he would hate to move forward with just this option and overlook another option that may come forward in the future.  This is definitely a good option to keep on file.

Consider Purchasing the Anti-Virus Software

Chief Pomesky stated that he previously brought to the Board the consideration of purchasing anti-virus software for the Perry Township Police Department.  There was some confusion with that request.  Apples to apples quotes were unable to be received from Connecting Point and Seifert Technology because neither of them distribute F-Secure software.  In talking with Connecting Point, they were leery about supporting F-Secure software since they are not experienced with it.  Seifert and Connecting Point were asked to provide a recommendation for comparative products.

 

Since the last meeting, the price for NEO Digital has dropped by $78.54.  Chief Pomesky stated that he and Deputy Chief Carbenia have assisted with some prep work to get the work stations and server ready for the installation fo the anti-virus software to decrease some of the labor charges.  Additionally, F-Secure is offering a special pricing right now that when you purchase one year of competitive upgrade and replacement for the product you get the second year free.

Chief Pomesky recommended that the Board consider accepting the quote from NEO Digital for F-Secure software at a price of $1,572.00.

Trustee Capaldi made a motion that the Board enter into an agreement with NEO Digital for anti-virus software and installation for a price of $1,572.00 for two (2) years; Seconded by Trustee Chessler.

Trustee Capaldi stated that she would like the Department Heads to meet and discuss technology and computer needs as a Township to determine cost savings that could be available through department collaboration.

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

Consider the Purchase of Laptop Computers for Patrol Cars

Chief Pomesky asked the Board to consider the field based reporting initiative.  Previously, at the budget hearing this was an area that Chief Pomesky was looking in to.  At the beginning of 2011, the Police Department became eligible for additional funding through a grant.  The Police Department received $9,317.34 through the Justice Assistance Grant with a 10% cash match for the purchase of five (5) lap tops for the cruisers.  The 10% cash match would be an expenditure to the Township of $1,035.26.  The total amount of the project would be $10,252.60.  Instead of purchasing a lap top for each cruiser, Chief Pomesky is recommending the purchase of five (5) lap tops that are of better quality that can be mobile between the cruisers.  The computer will be set up in the cruiser at the beginning of the shift which will take approximately 30 seconds.

 

 

 

After researching the systems that would be best for the Officers at Perry Township and receiving officer input, Chief Pomesky recommended that the Board consider Brite.  Brite has the knowledge needed to make the overall system successful and functional for the Police Department.  Trustee Capaldi inquired how Chief Pomesky came across Brite.  Chief Pomesky stated that there are a lot of vendors out there but Brite was found at the Attorney General’s Conference. 

Trustee Laubacher made a motion that the Board authorize the Police Chief to spend$22,776.90 got purchase five (5) lap tops and all equipment necessary the Township’s share not to exceed $15,000.00; Seconded by Trustee Capaldi.

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

Road Department:

Consider to Advertise for Bid the 2011 Paving Program- Advertised May 27, and June 2- Bid Openings June 7 at 7:00pm

Mr. Masalko asked the Board to consider advertising for bid the 2011 Paving Program to be advertised May 27, May 31 and June 2.  The bid opening will be held on June 7, 2011 at 7:00pm at the beginning of the Regular Meeting.

Trustee Chessler made a motion that the Board authorize the Road Superintendent with the assistance of the Law Director to take the steps necessary to solicit bids for the 2011 Paving Program including the notification required by law to advertise the project. The bid opening will be held on June 7, 2011 at 7:00pm at the beginning of the Regular Meeting; Seconded Trustee Capaldi.

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

Consider Approval to Hire Two (2) Casual Employees at $12.00 Per Hour

Mr. Masalko asked the Board to consider the hiring of two (2) casual part-time Road Department employees: Timothy Corbi and Michael Dotson.  Background checks have been completed and came back fine.  Both applicants have Class A CDL licenses and maintenance skills.  Drug and alcohol testing has been completed but the results have not yet been received. 

Trustee Laubacher made a motion that the Board authorize the Timothy Corbi and Michael Dotson to be hired as casual employees at the Perry Township Road Department at a rate of $12.00 per hour and start date will be as soon as the drug and alcohol test results are in; Seconded by Trustee Chessler.

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

Law Director: None.

Zoning:

Consider Approval to Take Necessary Action to Enforce Residential Maintenance Code Violations at 1616 Radcliff Ave. NW, Massillon

Trustee Laubacher stated that Mr. Weckbacher had recently showed him pictures and discussed the poor conditions of Mr. Paisley’s residence.  Mr. Weckbacher stated that Mr. Paisley’s residence is back to the same condition it was in last year.  The property was posted for clean up and grass mowing.  Trustee Capaldi stated that one thing that was promised to Mr. Paisley’s kids was to be sure that the Township tries to contact them before any action is taken.  Mr. Weckbacher stated that he has been trying to contact Mr. Paisley’s son Adam Paisley. This effort has been unsuccessful due to his home phone number being disconnected.   Mr. Weckbacher stated that he will continue to try and contact one of Mr. Paisley’s children.  Mr. Paisley has been unresponsive to all contact.  The police went to Mr. Paisley’s home to conduct a welfare check. 

Trustee Chessler asked Mr. Weckbacher what action he is asking the Board to take.  Mr. Weckbacher stated that he is recommending that the Board authorize him and the Law Director to do what is necessary to have the property maintained up to the standards in the Perry Township Zoning Residential Maintenance Code. 

Trustee Chessler made a motion that the Board authorize the Zoning Inspector and Law Director to proceed to take the enforcement action that is appropriate under code and necessary given the circumstances; Seconded by Trustee Laubacher.

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

Trustee Capaldi inquired the status of the gentleman on Chippendale that has been reportedly running a business out of his home.  Mr. Weckbacher stated that he has been checking on this complaint but the same cars are there.  There have been no new cars as of recent.  Mr. Weckbacher stated that he will continue to go drive by.

Parks: None.

Executive Session(s): 

Trustee Laubacher made a motion that Board adjourn into executive session pursuant to ORC 121.22 (G) (4) POW collective bargaining to include the Board, Law Director,  Fiscal Officer, and Road Superintendent; Seconded by Trustee Chessler.

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

The Board adjourned into Executive Session at: 8:37pm

The Board adjourned from Executive Session at 8:54pm

Department Matters Not Requiring Board Action:

Administration: None.

Fire Department: None.

Parks/Recycling: None.

Police Department:

Submitted April Stats

Road Department: None.

Zoning: None.  

Law Director: None.

Announcements:

1.            Stark County Commissioners will conduct a public meeting at the Perry Township Hall on June    15, 2011 at 6:00pm to answer questions and concerns of the general public.

Public Speaks-Open Forum:

Adjournment:

With nothing further to come before the Board, Trustee Capaldi made a motion to adjourn the meeting at 8:54pm; Seconded by Trustee Chessler.

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

Lee C. Laubacher, President                                    

 Joe Schlegel, Fiscal Officer