Regular Meeting
Regular Meetings
The Perry Township Board of Trustees meets in Regular Meeting format on the first and third Tuesday of every month at 7:00 PM.
The meetings are held at the Township Hall located at
3111 Hilton Street NW
in Massillon. Regular Meetings include reports by Department Heads, the Law Director, and the Township Administrator. The public is welcome to offer comments during the Public Speaks portion of the agenda on township related matters.
Perry Township Board of Trustees
Regular Meeting
December 17, 2013 7:00 pm
Call to Order/ Pledge of Allegiance:
Excused absence: Chief Mark Martin, Fire Chief ~ Deputy Chief Mark Abbott here in his absence
Additions/Deletions to Agenda:
~Under Law Director – in regard to Stark County Health District
~Under Administration – in regard to the community events policy
Trustee Haines made a motion that these two items be added to this evening’s Agenda; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Public Hearings/Invited Guests:
Bob Fisher, Huntington Broker and Lisa Brown, Account Manager Presentation of Aultcare Renewal
Trustee Haines stated that with us this evening are Bob Fisher and Lisa Brown from the Huntington Broker, the account manager for our Aultcare.
Bob Fisher stated that they wanted to share information on the Township’s health care and to explain the process in which these terms were negotiated. A brief explanation followed.
Bob Fisher stated that as all of this information was evaluated and feedback was received from the Township Insurance Committee, it was the recommendation of Huntington and also the Township Insurance Benefits Committee that the Township renew with Aultcare on the same benefit plan for another year.
Trustee Haines thanked Bob Fisher for his input and stated that the Township Insurance Benefits Committee did a great job, Jason Fisher of the Police Department, here this evening was a part of that, Joe DiAntonio of the Fire Department and Harvey Zimmerman and Dan Galica of the Road Department were also a part of these meetings. Trustee Haines stated that the Board appreciates all of their input as well.
Bob Fisher asked if there were any questions, several were asked and answered.
Trustee Chessler made a motion that the Board of Trustees accept the recommendation of our third party administrator to engage Aultcare for our upcoming years, hospital’s insurance needs at the rates quoted for the upcoming year; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Trustee Chessler made a motion that the Board of Trustees also renew its relationship with Huntington Insurance to be our third party Administrator for Aultcare for the upcoming year; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Communications:
Thank you Letter to Board of Trustees from L.A. Floom
Trustee Haines stated the Board received a thank you letter from L.A. Floom. Trustee Haines acknowledged that much credit goes to Law Director Hall who spoke with Mr. Floom in regard to a letter written by Mr. Floom on behalf of Mrs. June Lamielle. The letter was concerning a tree in a vacant lot next door to Mrs. Lamielle’s property. The thank you letter was in regard to the Township’s involvement with this matter. Trustee Haines thanked Mr. Hall for his assistance.
Volunteer Firefighter Dependents Fund – Adam Silla: Assistant District Chief
Per information supplied by Administrator Fetzer and per the Ohio Revised Code, it is a requirement for the Board of Trustees to appoint two (2) members each year to the Volunteer Fire Fighter Dependency Board. The current members appointed to this Board are Adam Silla, Assistant District Chief and Larry Sedlock, Deputy Chief. The Dependents Board meets as needed, in the case of a death. In general, the current members are reappointed, unless they are not willing to serve again or the Board of Trustees has an objection.
Adam Silla stated that he was here this evening to answer any questions and to briefly explain the annual renewal for this fund and to establish the board members. Adam explained that in the case of a part time firefighter becoming disabled or heaven forbid, death, in the line of duty, this Fund would provide some financial compensation to their families.
Trustee Haines inquired of Adam Silla if he was still willing to serve in the capacity of Board member and Adam stated that he was. Trustee Haines also inquired of Adam if Larry Sedlock was still willing to serve in the capacity of Board member and Adam stated that yes he was willing to serve as well. Trustee Haines verified that Adam and Larry would appoint two other people for serving on this Board also. Adam stated that was correct and then these four Board members, as a department, decide on the fifth person, not on our department, to serve on this Board.
Trustee Haines made a motion, under the Ohio Revised Code, that the Board appoint two (2) members to the Volunteer Firefighter Dependents Fund Board and also make the motion that the Board appoint Adam Silla, Assistant District Chief and Larry Sedlock, Deputy Chief to those positions for a one (1) year term; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Trustee Haines thanked Adam Silla, on behalf of the Board, for getting this paperwork completed and keeping this matter moving forward.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business: None.
New Business:
Trustee Haines made a motion to approve bills and payroll in the amount of $129,321.31 for the week ending December 17, 2013; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fiscal Officer:
Trustee made a motion to accept the minutes of the December 3, 2013 Regular Meeting; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Amended Certificate Increase for Receipts and Appropriations for 04 Account Road and Bridge $13,912.30
Fiscal Officer Schlegel stated that he would like to request the Board to authorize the increase in the 04 Road and Bridge Fund in the amount of $13,912.30. Mr. Schlegel stated that this increase is largely due to the increase in the revenue that the Road Superintendent has received from doing culverts.
Trustee Haines made a motion to increase the Receipts and Appropriations for 04 Account Road and Bridge in the amount of $13,912.30; Seconded by Trustee Laubacher.
Consider Clearing Outstanding Checks over one (1) year old: Three (3) Checks in the Total Amount of $133.47
Fiscal Officer Schlegel stated that he would like to request the Board to make a motion to clear three (3) outstanding checks that are one (1) year old in the total amount of $133.47.
Trustee Laubacher made a motion that the Board authorize the Fiscal Officer to clear the three (3) outstanding checks that over one (1) year old in the total amount of $133.47; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Administration:
Recognition of Community Christmas Light Displays by the Canton Stark County Convention and Visitor’s Bureau: Christmas at Crownpoint~3459 Crownpoint NW; Wallace Holiday Display~7363 Saratoga and 3851 Highview Ave. SW
Administrator Fetzer stated that there was an article as well as a video on the Independent Online referring to the Christmas on Crownpoint. A display of 30,000 lights illuminate the home of Geno and Karen Forchione at 3459 Crownpoint St. NW. The impressive 23 minute light show set to music can be viewed from 7 – 10 pm each evening until December 29, 2013. Administrator Fetzer stated that the Forchione family collects nonperishable food items for the Stark County Hunger Task force and monetary donations for the Aultman Hospital Cancer Center. In the past, more than 8,000 pounds of food have been donated to the Akron-Canton Regional Foodbank through visitor’s viewing this light show as well as collecting more than $5.000.00 for the Sgt. Daniel J. Patron Memorial Scholarship Fund.
Administrator Fetzer stated that there are many remarkable light displays in the Township this season and wanted to highlight the Massillon Independent’s mention of this light show.
Consider Aultcare Administrative Fees
Administrator Fetzer stated that the Board of Trustees has a contract for Aultcare Administrative for the processing of our Aultcare claims, medical, dental and vision, and they also assist us with our COBRA notifications when required. Each year, the price increases minimally. If the Board would so direct, this increase would require the Board’s approval and signature.
Trustee Chessler made a motion that the Board approve the agreement with Aultcare to handle the administration of our healthcare plans; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Adopting the Community Events Policy
Administrator Fetzer stated that as Perry Township is host to numerous Community Events, the Board recognized the need for the Township to consider adopting a Community Events Policy.
The Township reached out to entities near and far to gather a variety of Community Event Policies currently in existence. During two (2) Department Head meetings, a variety of policies were discussed and from those discussions, a policy was compiled that would best serve the needs of the Township, attached before the Board.
Administrator Fetzer stated that this Community Events Policy was reviewed and approved by the Perry Township Law Director for the Board’s consideration of adoption this evening. In addition, a Special Events Check List was compiled to guide and assist event planners with upcoming events, also attached before the Board.
Trustee Chessler made a motion that the Board adopt and approve the collection of checklists and documents and forms that are to be identified as the Community Events Policy; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fire Department: None.
Police Department:
Consider Perry Helping Perry Bike Donation
Police Chief Pomesky stated that annually the Police Department accrues an abundance of abandoned or recovered property. The Police Department filed for disposition of abandoned property and the appropriate publication(s) were completed and a court order was received turning said property over to the Police Department for destruction, auction, or donation. Property donation list attached before the Board. Chief Pomesky is asking the Board’s approval to donate seventeen (17) bicycles and two (2) wheelchairs to Perry Helping Perry.
Trustee Chessler made a motion that the items listed on the donation list as submitted by Chief Pomesky be considered of no use or benefit to the Township and pursuant to the court order, said property be donated to the organization known as Perry Helping Perry; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Disposal of Cruiser #117
Chief Pomesky stated that the Police Department is requesting the Board of Trustees to approve the disposal of Perry Township Police Department cruiser #117. This cruiser was totaled by the insurance company back in April 2013 and is no longer useful to the department. All viable parts have been taken from cruiser #117 to make repairs to other cruisers over the last several months. A list provided by Gary Swisher and Zack Bergmann regarding the repairs that benefited from parts of cruiser #117 is attached before the Board.
Trustee Chessler made a motion that the Board grant Police Chief Pomesky the authority to take the steps necessary to salvage what remains of what was known as Department Cruiser #117; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Road Department:
Consider Adopting No Through Trucks Signage~Henry Street, Mapleford Street and Lindcrest Street
Road Superintendent Masalko stated that as stated in his previous memo to the Board, a resident has requested the Township to take action on Henry Street, Mapleford Street and Lindcrest Street. The Road Superintendent is requesting the Board of Trustees to authorize these four (4) streets as No Through Truck streets with the Road Department to take charge of posting this signage.
Trustee Chessler made a motion that the Board make the determination that on the streets: Lindcrest, Mapleford and Henry there is a large volume of trucks that determine the roads as insufficient for large trucks to turn around and that there are no adequate outlets on these streets and further authorize the Road Superintendent to place the appropriate signage on those streets or near those streets as warranted; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Editing Snow Removal Agreement with the City of Massillon
Road Superintendent Masalko stated that in reference to the snow removal agreement between Perry Township and the City of Massillon, the Perry Road Department often receives calls concerning the areas of Candell Avenue, Albrecht Street and the neighborhood off of Carmont. Road Superintendent Masalko stated that it appears that the City of Massillon is not holding up their end of the snow removal agreement. Mr. Masalko stated that Law Director Hall has sent an email to the Mayor of Massillon with an attached copy of the Snow Removal Agreement with copies also to the Massillon City Law Director and City Engineer. An additional copy was also sent to the Massillon City Road Superintendent. Road Superintendent Masalko inquired of the Board if they wanted to wait and determine if this correspondence made a difference before taking any further action.
Law Director Hall stated that his suggestion is that if the Township has not had a response back from the City of Massillon by January, then the appropriate action should be taken at that time. It was agreed by the Board to adhere to this proposal.
Law Director:
Stark County Health District
Law Director Hall stated that he has had discussion with the Board of Trustees and Fiscal Officer regarding the Perry Township Health Department assessment. Mr. Hall stated that he had sent a letter to the Budget Commission asking them to revisit this assessment based upon the premise that the Township is being charged more than the statute authorizes. Mr. Hall stated that this is his interpretation of the law based upon the information received from the Ohio Township Association.
Mr. Hall stated that he was made aware of the Health Department Budget Commission meeting this morning at 10:30 am and he and Fiscal Officer Schlegel and Deputy Fiscal Officer Moser attended this meeting to make a presentation before the Budget Commission. This presentation held the position of the prospect for the Commission to reconsider this assessment for a cost savings to the Township’s General Fund in the amount of $90,000.00 per year. Law Director Hall stated that if this request was not a successful determination, the next step would be to appeal this determination from the Budget Commission to the State Court Tax of Appeals. Howard Winn asked the Board to pass a Resolution authorizing the ratification of the Fiscal Officer and Law Director to pursue this course of action. Mr. Hall stated that he did prepare a brief Resolution that objects to the assessment and made request of the Budget Commission for reconsideration of this matter.
Trustee Chessler made a motion that the Board adopt the written Resolution wherein the Board of Trustees objects to the apportionment against Perry Township General Fund for the benefit of the Stark County Health District, further that the Board of Trustees is requesting the Stark County Health District to reduce the appropriation against the Perry Township General Fund and that we ratify the arguments of the position taken today before the Budget Commission and further authorize the Law Director and Fiscal Officer to take all steps necessary to further appeal an adverse ruling to the appropriate form; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Zoning: None.
Parks/Recycling: 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.
Upcoming Events:
~Bicentennial Kick Off Dinner – January 18, 2014 at Exploration Gateway – www.perrytwp.com
~Perry Township Bicentennial Meeting – January 28, 2014 at 7:00 pm at the Township Hall
Public Speaks-Open Forum
Tim Blythe, 2956 Bridgeton St. NW, Massillon, OH 44646-Mr. Blythe stated that on behalf of the Bicentennial Committee, their group would like to request the Township Limit signage be uniform throughout the Township. Mr. Blythe stated that attached before the Board are copies of the different signs throughout the Township as well as a copy of the preliminary sign they would like to see implemented. Mr. Blythe inquired if the Board would be open to having new signs implemented and also inquired if there were any funds available that the Board would be willing to contribute toward these signs. Mr. Blythe also inquired if funds were not available to help contribute toward the new signage, would the Board authorize the Road Department to install these new signs.
After a brief discussion regarding the signage request, Trustee Haines stated that the Board would discuss this request and get back to the Bicentennial Committee.
Dave Kerestes, 3500 Lincolnway E., Apt. 4, Massillon, OH 44646-Mr. Kerestes stated that he wanted to thank Chief Pomesky for taking the time to listen to some of the problems he addressed and stated that he did seek an attorney on this matter. Mr. Kerestes gave a brief explanation to the matter he referenced.
Executive Session(s):
Trustee Haines made a motion that the Board adjourn into two (2) Executive Sessions under 121.22 (G)(1) concerning requested demotions to include the Board, Fiscal Officer, Law Director and Police Chief where action will be taken; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
The Board adjourned into Executive Session at: 7:41 pm
The Board adjourned from Executive Session at: 8:20 pm
Trustee Chessler stated that the Board received a dated request from Sergeant George Deitrick to request his status change from Sergeant to Patrolman and that his request be put into effect January 3, 2014. Trustee Chessler stated that after discussion with the Police Chief and receiving a further understanding of this matter, makes a motion that the Board of Trustees honor this request and allow Sergeant George Deitrick to change his status to that of Patrolman that will be effective January 3, 2014; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Trustee Chessler stated that the Board also considered in Executive Session a request from Brian Carbenia to change his current status from Deputy Chief back to Patrolman; Police Chief Pomesky also provided additional supplemental and clarifying information on this matter, however, makes a motion that at this time the Board table this request for further consideration to be reviewed at a later time during the next reorganizational meeting; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Trustee Chessler also made a motion for the Board’s approval, based on the recommendation of the Law Director, in light of the fact that we are mindful of the dictates of the Affordable Care Act, that certain part time employees have reached or exceeded the 1,500 hour limit established by ORC Section 505.70 and the established policy of the Board that also part time employees should be laid off effective December 17, 2013 at midnight and it further is resolved that every affected part time employee may be subject to recall or reappointment in 2014 as the work requirements in the respected departments so warrant; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Adjournment:
With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 8:24 pm; Seconded by Trustee Chessler.
ROLL CALL: Mr.Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Doug Haines, President Joe Schlegel, Fiscal Officer