Regular Meeting
Perry Township Board of Trustees
Regular Meeting
February 7, 2012 7:00pm
Announcement of Newly Appointed Trustee, Doug Haines
Trustee Chessler announced and welcomed newly appointed Trustee, Doug Haines on behalf himself, Trustee Laubacher, Mr. Schlegel and all department heads and officials of Perry Township. Trustee Haines thanked Trustee Chessler and Trustee Laubacher for giving him this opportunity to work with the Township and thanked his wife for her support. Trustee Haines stated that he is looking forward to working with everyone.
Call to Order/Pledge of Allegiance:
Excused absence: Scott Weckbacher, Zoning Inspector- Stark County Regional Planning.
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests: None.
Communications: None.
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 in the amount of $123,560.61 for the week ending January 24, 2012, bills and payroll in the amount of $220,202.35 for the week ending January 31, 2012 and approval of bills in the amount of $127,488.75 for the week ending February 7,2012 for a combined total of $471,251.71; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Fiscal Officer:
Trustee Laubacher made a motion to approve the minutes from the January 17, 2012 Special and Regular Meetings, January 25, 2012 Special Meeting and the January 31, 2012 Special Meeting; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Administration:
Consider Appointment of Trustee, Doug Haines to the JEDD Board
Trustee Chessler stated that previously Anna Capaldi was Perry Township’s representative on the Joint Economic Development District (JEDD) Board. Part of the contract is that Perry Township must designate a member of the Board to engage in those activities.
Trustee Chessler made a motion that the Board designate Trustee Doug Haines as the Board’s representative on the JEDD Board; Seconded by Trustee Laubacher.
Trustee Chessler inquired if the Board was in compliance with their obligations. Mr. Hall stated that the Board is in compliance.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Fire Department:
Consider the Resignation of Part-time Firefighter/ Paramedic Tommy Gibbs
Trustee Chessler made a motion that the Board accept the January 31, 2012 resignation letter of part-time firefighter/ paramedic Tommy Gibbs from the Perry Township Fire Department; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Police Department:
Consider Acceptance of 2008 Dodge Caravan from Metro
Trustee Chessler stated that Chief Pomesky submitted a memorandum to the Board dated January 25, 2012 regarding a 2008 Dodge Caravan. Chief Pomesky stated that he spoke to the Board previously regarding the Police Department’s participation with Metro. The terms of that participation has changed in that the Police Department furnishes an officer two (2) days out of the week. As part of this participation Metro has seized and forfeited a 2008 Dodge Caravan to the Perry Township Police Department for that detective to use. Chief Pomesky asked the Board to accept the 2008 Dodge Caravan into the fleet of the Police Department.
Trustee Laubacher made a motion that the Board accept the 2008 Dodge Caravan that was seized and forfeited by the Stark County Metro Narcotics Unit; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider Purchase of an Unmarked Ford Fusion
Trustee Chessler stated that Chief Pomesky has asked the Board to consider approving the purchase of an unmarked Ford Fusion. Chief Pomesky stated that due to an aging fleet the Police Department is looking to rotate one (1) to two (2) unmarked vehicles out of the fleet. Chief Pomesky stated that he obtained the price for an unmarked Ford Fusion from Statewide Ford for $15,380.00 and Waikem Ford for $15,570.02. Waikem Ford included $100.00 for commission which will be removed, dropping the price to $15,470.02. Chief Pomesky stated that the Police Department has had good luck with the Ford Fusion and it would be a cost savings to the Township as it is more fuel efficient. Chief Pomesky recommended that the Ford Fusion be purchased from Waikem Ford for $15,470.02. Trustee Haines inquired if Waikem Ford is willing to match the price given by Statewide Ford. Chief Pomesky stated that he did inquire but the price that Waikem Ford gave was the lowest that they could go. Waikem Ford has a quick turn around rate if one of the vehicles goes out of service. The vehicle is quick to go out and is quick to get back into service. Mr. Hall stated that this is in compliance with state law as far as following the state purchasing guidelines.
Trustee Chessler made a motion that the Board authorize and approve the purchase of a Ford Fusion vehicle from Waikem Ford at a total cost of $15,470.02; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider BWC Appeal Against Claim for Officer Bardnell
Mr. Hall stated that the Township received a determination by the Ohio Bureau of Workers Compensation on January 27, 2012 and the Board has fourteen (14) days to appeal. Mr. Hall stated that he is recommending along with Chief Pomesky that an appeal should be filed. The main thrust of that appeal would be to get more information regarding the time line of reporting the injury. The injury was not reported within compliance of departmental or administrative guidelines. Trustee Chessler verified that the application is for the payment of medical benefits and no loss time. Mr. Hall stated that was correct. Trustee Chessler inquired when the appeal is due by. Mr. Hall stated that it is due within fourteen (14) days of January 27 but he will have it filed by the end of the week.
Trustee Chessler made a motion that the Board authorize the Law Director to take the steps necessary to perfect an appeal on the Workers Compensation claim known as risk # 37621104-0 on behalf of the Township; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Road Department:
Consider Accepting All Material Quotes
Mr. Masalko stated that this was the first time that they accepted material quotes. Under the Ohio Revised Code (ORC) anything under $30,000.00 does not have to be advertised for bid. Instead, the Road Department asked for material quotes. Mr. Masalko asked the Board to consider accepting all of the material quotes. Trustee Chessler verified that this would allow the flexibility of using different vendors. Mr. Masalko stated that was correct. Mr. Haines inquired how long the quotes were good for. Mr. Masalko stated that the quotes are good for the year of 2012.
Trustee Chessler made a motion that the Board approve and accept all submitted material quotes that have met the required specifications for the year 2012 and further authorize the Road Superintendent to use his discretion to purchase on a daily basis based upon the cost or availability of the product; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider Hiring Edward Stern and Samuel Davis as Casual Road Department Employees
Mr. Masalko stated that after looking through the applications a few phone calls were made and two (2) applicants were interested in becoming casual employees with the Road Department. Both applicants hold Class A Commercial Drivers Licenses (CDL). Mr. Edward Stern is retired from the City of Canton and has experience with plowing and salting. Mr. Masalko stated that he did interview both individuals and performed the proper background checks. Mr. Masalko recommended that both Edward Stern and Samuel Davis be hired as casual Road Department employees pending the results of drug and alcohol screening.
Trustee Chessler made a motion that the Board offer employment to Edward Stern and Samuel Davis as casual employees with the Road Department with approval pending favorable results of drug and alcohol screening; Seconded by Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider Amending the Casual Employee Resolution to Allow Class B CDL Employees
Mr. Hall stated that the Board previously created the opportunity to have casual employees at the Road Department. The casual employees have always been required to hold Class A CDL’s, the same as the full-time and other paid employees within the department. Through the negotiation process and the unfair labor practice process in Columbus a discussion came up and it became apparent that the department needs additional casual employees. One of the primary concerns was that these casual employees not undermine or take the work of the bargaining unit. The primary difference between a Class A and a Class B is if you have a Class A you can operate a large truck and pull a trailer. If you have a Class B then you can only operate a large truck and are not permitted to pull a trailer. Mr. Masalko has indicated that the main purpose of having Class B drivers is to assist with snow and ice control as well as other smaller details throughout the summer. Those casual employees will not be required to operate a vehicle and pull a trailer. Mr. Hall stated that it is his opinion and recommendation along with Mr. Masalko that the casual employee hiring guidelines be amended to include Class B with the understanding that the Class B operators will not be permitted to drive a truck and pull a trailer. This still meets Mr. Masalko’s requirements and does not interfere with the work of the union. Trustee Chessler verified that this would be in addition to the requirements that the casual employees have an insurable driving record, serve at the pleasure of the Board, subject to the same random testing, agree to part-time status, agree to work on a call out basis, agree to not work more than 1,500 hours per calendar year and agree to otherwise comply with the Township’s policies. Mr. Hall stated that was correct. All other job requirements will be held in place. The only amendment will be to allow Class B CDL’s.
Trustee Chessler made a motion that the Board authorize the use of casual employee’s with a valid Class B Commercial Drivers License within the Perry Township Road Department pursuant to the written terms and conditions outlined in the resolution amending the existing policy; Seconded by Trustee Laubacher.
Trustee Laubacher inquired if Mr. Hall thought that the union would object to this amendment. Mr. Hall stated that he can not predict but if they do he feels that they are on solid ground both legally and contractually.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider Authorizing the Road Superintendent to Post the Assistant Road Superintendent Position Within the Department
Trustee Chessler stated that this matter is a result of previous discussions. The Road Superintendent, Mr. Masalko, has made a request to the Board to amend the existing structure of the Road Department to include an Assistant Road Superintendent position. Mr. Hall and Mr. Masalko have worked together to develop a written job description of that position. As part of the negotiations with the contract and the existing unfair labor practices this was again discussed with the union representatives. It is believed that an agreement has been reached to create the job description. Trustee Chessler stated that it is his understanding that the Board would first look to fill that position from within the existing Road Department employees. Mr. Hall suggested that this follows the statute to clearly delineate that the creation of this position is outside of any collective bargaining agreement. The first would be a non-union employee of the department/ employee of the Board. Mr. Hall stated that the Board will be making a two fold resolution; one to approve the job description and two to authorize Mr. Masalko to publish the position for consideration within the Road Department. Trustee Chessler noted that the Board has received a memorandum of understanding to the existing collective bargaining agreement signed on January 10, 2012 by representatives of the road union negotiating team and by their authorized representatives as well as the Board’s representatives. This is an agreement that is in writing and has been approved by both sides as far as the position being created.
Trustee Chessler made a motion that the Board authorize the creation within the Road Department the position of Assistant Road Superintendent; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Trustee Chessler made a motion that the Board authorize the Road Superintendent to take the steps necessary to publish, advertise or solicit within the existing Road Department employees for persons who would be interested in filling the newly created position; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Consider Approving the Resolution to Make Kemry Avenue a “No Through Trucks” Route and to Make Stump Avenue a “No Through Trucks” Route
Trustee Chessler stated that at the last regular meeting a resident came to the Board and drew their attention to an existing situation on Kemry Avenue and Stump Avenue where there is a lot of truck traffic due to the proximity of Navarre Road. At some prior time the Board had considered and adopted a resolution that prohibited through trucks on Kemry Avenue and/or Stump Avenue. For reasons unknown the Board is unaware of what happened to the signs. The Board decided to look into that matter as well as the fact that those trucks are traveling on roads that are narrow in width and largely in residential areas. Trustee Chessler stated that he had a chance to speak with Mr. Held at the Tri-County Joint Solid Waste District who directed him to Mr. Vandersole at the landfill. The landfill happens to be a business partner with the company whose trucks happen to be traveling the roads. Trustee Chessler believes that they have taken the steps necessary to minimize or eliminate the trucks traveling through those narrow roads.
Trustee Chessler stated that Mr. Hall is prepared to advise the Board on the steps they need to further post and lawfully restrict those trucks. Mr. Hall stated that he prepared a memorandum to the Board outlining 4511.07. Mr. Hall stated that he thought he sent the draft resolution but it did not get attached to the email but recommended that the Board approved the resolution regarding “No Through Trucks,” on Kemry Avenue between Stump Avenue and Foul Road SW and on Stump Avenue between Navarre Road SW and Kemry Avenue. Trustee Chessler inquired if it was determined whether or not the Board previously approved this and now the signs are missing. Mr. Masalko stated that on the North side of Navarre Road between Richville Drive and Navarre Road the Township did make that resolution and now the sign is missing. The sign has now been re-erected and that portion of Stump Avenue is marked. A resolution was never made for the south side of Stump Avenue and Kemry Avenue to make it a “No Through Truck” street.
Trustee Chessler made a motion that the Board re-affirm those portions of roadways that were active before and to affirm the placement of “No Through Truck” signs as required by the Manual of Traffic Control Devices and those signs will be placed at the appropriate locations on Kemry Avenue between Stump Avenue and Foul Road and on Stump Avenue between Navarre Road and Kemry Avenue; Seconded by Trustee Haines.
Trustee Laubacher verified that the “No Through Truck” signs just north or south of Cincinat are going to have to be placed in the City of Massillon on Richville Drive. Mr. Masalko stated that was correct. Trustee Laubacher inquired if that was going to be a problem. Mr. Hall stated that he was not aware of that until just now but he will confirm with the City of Massillon’s Service Director.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Law Director: None.
Zoning: None.
Parks: None.
Executive Session(s): 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: None.
Public Speaks-Open Forum:
Paul Wilson- 7518 Kemry Avenue SW. Mr. Wilson thanked the Board and Mr. Masalko for making the resolution for the “No Through Truck” signs. Trustee Chessler stated that Mr. Vandersole suggested that if the problem continues that Mr. Wilson be the eyes and ears to let them know.
Adjournment:
With nothing further to come before the Board, Trustee Laubacher made a motion to adjourn the meeting at 7:33pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Craig E. Chessler, President
Joe Schlegel, Fiscal Officer