Re-Organizational Meeting
Perry Township Board of Trustees
Re-Organizational Meeting
January 8, 2013 7:00pm
Pledge of Allegiance:
Reorganizational Matters:
A. Appointment of Board President
Trustee Chessler made a motion that for the year 2013 the Board of Trustees appoint Doug Haines to be Board President; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
B. Appointment of Vice President
Trustee Chessler made a motion that for the year 2013 the Board of Trustees appoint Lee Laubacher to be Vice President of the Board; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
C. 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 re-appoint personnel to fiduciary and non-bargaining unit positions to include benefits and terms and conditions of employment; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
D. Set monthly day and time for regular meetings/work sessions
Trustee Haines made a motion that the Board hold regular meetings on the first and third Tuesdays of each month and work session on the second Tuesday of each month with a starting time of 7:00pm; Seconded by Trustee Chessler.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
E. Approve receipt of all advances from County Auditor on real and personal property taxes
Trustee Haines made a motion that the Board approve the receipt of all advances from the County Auditor on real and personal property taxes; Seconded by Trustee Chessler.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
F. Consider accepting the approval of the 2013 Township Budget- $ 11,030,526.85
Trustee Laubacher made a motion that the Board accept the 2013 Township Budget of $11,030,526.85; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
G. Set mileage reimbursement at 56.5 cents per mile per current IRS rates
Trustee Haines made a motion that the Board set mileage reimbursement at 56.5 cents per mile per current IRS rates; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
H. Authorize Fiscal Officer to invest interim funds and conduct operational transfers within funds as available and necessary
Trustee Chessler 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: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
I. Establish rate of reimbursement for uniform clothing allowance for non union personnel limited as follows:
Police Chief – $1,000.00, Road Superintendent – $ 400.00 and establish uniform allowance for fire chief and deputy chiefs to be equal to employees of collective bargaining units
Trustee Haines made a motion that the Board establish the rate of reimbursement for uniform clothing allowance for non union personnel limited as follows: Police Chief- $1,000.00, Road Superintendent- $400.00 and the uniform allowance for fire chief and deputy chiefs to be equal to employees of collective bargaining units; Second by Trustee Chessler.
Trustee Laubacher inquired if they needed to include a uniform allowance for the Deputy Police Chief. Chief Pomesky stated that Deputy Chief Carbenia’s uniform allowance should be the same as his.
Motion withdrawn.
Trustee Haines made a motion that the Board establish the rate of reimbursement for uniform clothing allowance for non union personnel limited as follows: Police Chief- $1,000.00, Deputy Police Chief- $1,000.00, Road Superintendent- $400.00, Assistant Road Superintendent- $400.00 and the uniform allowance for fire chief and deputy chiefs to be equal to employees of collective bargaining units; Second by Trustee Chessler.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
J. Consider the appointment of Marc Shefelton as Board of Zoning Appeals member and Ruth Braid as Zoning Commission member for another term
Trustee Haines made a motion that the Board appoint Marc Shefelton as Board of Zoning Appeals member and Ruth Braid as Zoning Commission member for another term; Seconded by Trustee Chessler.
Trustee Chessler noted that Mr. Weckbacher indicated that both individuals as well as the Zoning Boards wished for the reappointments.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Excused absence: Scott Weckbacher, Zoning Inspector- Stark County Regional Planning
Additions/Deletions to Agenda:
Trustee Haines stated that the Board will remove the item of “Salary Continuation” under the Fire Department as it will be tabled for later action.
Public Hearings/Invited Guests:
Communications:
Consider the Appointment of Volunteer Fire Fighter Dependency Board- Submitted by Adam Silla, Assistant District Chief
Chief Martin stated that it is a requirement that the Board appoint two (2) members each year to the Volunteer Fire Fighter Dependency Board per the Ohio Revised Code. Trustee Haines stated that the current members appointed to this Board are Adam Silla, Assistant District Chief and Larry Sedlock, Deputy Chief. Chief Martin stated that is correct. Trustee Chessler verified that this Board meets when needed. Chief Martin stated that it correct. The Volunteer Fire Fighter Dependency Board only meets in the case of death. Trustee Chessler stated that generally the current members are reappointed unless they do not want to serve again or the Board of Trustees has an objection. Trustee Chessler inquired if Assistant District Chief Silla and Deputy Chief Sedlock wished to continue to be members of the Board. Chief Martin stated that he believed so.
Trustee Chessler made a motion that the Board pursuant to their obligations appoint Adam Silla and Larry Sedlock to the Volunteer Fire Fighter Dependency Board for an additional term; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Brittany Ford- Discussion of Snow Mobile Concerns
Trustee Haines stated that the Board will discuss concerns brought to their attention by Brittany Ford regarding motorized vehicles, motorcycles and snow mobiles in her neighborhood. Mr. Hall stated that Trustee Chessler forwarded him the complaints filed by Mrs. Ford. Previously the complaints were about dirt bikes/ four-wheelers. Mr. Hall stated that at that time he drafted a “Home Rule” resolution for the Board to consider. The matter at that time seemed to have been informally resolved and no formal action was taken. Mr. Hall stated that since then he has redrafted that “Home Rule” resolution to specifically included snow mobiles and “motorized recreational vehicles.”
Mr. Hall reminded the Board of the issue of enforcement regarding this matter. All of the activities are occurring on private property. It becomes a question of limiting hours of operation so it is not restricting lawful activity but is still protecting the privacy and nuisance concerns of the neighboring property owners. Mr. Hall stated that the Board will need to revisit that to determine the suggested limited hours of operation. Mr. Hall also reminded the Board that this is not a criminal offense. No arrests will be made and their will not be a confiscation of equipment. This is a civil citation under the limited “Home Rule” authority of the Township. Once the civil citation is issued they will be required to pay a fine. If the cited individual does not pay the fine then the Township would have to civilly sue the individual through court.
Mr. Hall asked the Board to review the drafted resolution regarding this matter. Then, when the Board is more prepared a discussion can be had to determine the restricted hours of operation, enforcement and citation process. Trustee Laubacher inquired if Trustee Chessler ever got the involved parties together to mediate the issue. Trustee Chessler stated that at that time he contacted the Stark County Mediation Program and the mediator indicated that they would be willing to waive or drastically reduce the fees in this unique circumstance. The fundamental requirement is that the parties come to it voluntarily and agree to participate in a meaningful way. Trustee Chessler stated that after getting back with the involved parties he did not sense immediately that they were willing to do that. Trustee Chessler stated that he allowed some time for the idea to sink in and he never heard back. Mediation may not be a workable thing. Trustee Chessler stated that he has spoken with Mrs. Ford and invited her to attend this evenings meeting and assured her that this matter would be on the agenda for discussion. This issue is back before the Board at square one. Trustee Chessler stated that for the reasons the Law Director has outlined the Board is considering legislation to restrict people’s use of their personal property to try and balance the interest of people that are living in a residential area and that is a significant thing to do and he wouldn’t want to do that based on an isolated situation. It was suggested that a wide spread effort be made to see if this problem exists in other areas or if there are people that find the same objections. If there isn’t such opposition or if there isn’t such a call for the Board to legislate or restrict people’s use of private property then that could be obstructive too. Trustee Chessler stated that he believes that there needs to be more fact gathering to find out if a problem that is very serious to some is wide spread or not.
Mrs. Ford stated that the reason they decided not to go through mediation is because they did not know what the enforcement process would be for the terms developed during mediation. Mrs. Ford stated that she spoke with the mediator who indicated that they knew the actual owner of the field and they did not feel comfortable with that. Mrs. Ford stated that last July 4 weekend she was in contact with one of the grand children of the owner of the property. Mrs. Ford stated that she tried to get in contact with the owner so that they could sit down in mediation to solve the issues. The owner never got back with Mrs. Ford. After that, the dirt bike issues escalated. Mrs. Ford stated that she is concerned about what the Board has in mind in regards to the hours of limitation. Mrs. Ford stated that she has talked to some people from other areas of the Township that have the same problems and she would be willing to gather that information for the Board. Trustee Laubacher verified that the mediator knew the other party involved and did not want to do it. Mrs. Ford stated that was correct and that the mediator stated it would not be beneficial if one party knew the mediator and the other did not. Mrs. Ford stated that they did say that they may be able to get a different mediator but they decided not to go that route. Trustee Chessler stated that mediation is not an adversarial process. It is a process that the parties voluntarily go into to settle their differences on terms that the mediator helps fashion. The mediator doesn’t take sides or a position. The fact that the mediator may know someone may cause a problem for you but it’s not a problem that is realistic. Mrs. Ford stated that she understands the process of mediation but she and some of her neighbors were concerned that the mediator may be biased if they knew the other party. An unidentified gentleman in the audience stated that he also lives in the neighborhood and shares the same concerns as Mrs. Ford. There have been times when he has tried to discuss this matter with the father of the boys riding on the recreational vehicles and nothing has been resolved. Trustee Haines stated that previously the issue with the dirt bikes slowed down when the kids went back to school. The usage of the snow mobiles was probably more due to the kids being on Christmas break from school. Trustee Haines inquired if the snow mobile usage has decreased since Christmas break is over and the kids are back in school. The residents stated that the usage has decreased.
Trustee Chessler inquired how the Board can not limit or prevent getting their “skin pealed off” the following week after something like this is adopted from somebody living in Richville that has fifteen (15) acres and half a mile between them and their neighbor, if the Board limits the use of recreational vehicles to the satisfaction of the Ford’s. The unidentified gentleman stated that when shooting a gun you have to be one hundred (100) yards away from any households. This gentleman also stated that the last time this was discussed he brought in legislation from another entity regarding “off roading” which states that they must be at least three hundred (300) feet away from any household or livestock. If you have fifteen (15) acres then that is a good field to ride in and you would meet the criteria. Mrs. Ford stated that this particular dirt bike track is literally fifty (50) feet from her back door and that is the biggest issue. Trustee Chessler inquired if there was a part of the field that would be one hundred (100) feet away. Mrs. Ford stated that they would be on the other side of the field but there are households on all sides. Mr. Hall stated that Trustee Chessler (a seasoned Trustee and Attorney) is recognizing the difficultly of what will happen if this is challenged in court. If an activity is lawful, to unduly restrict it to make it unlawful may be a violation of a person’s property rights. Mr. Hall stated that he needs to have a separate meeting and discussion with the Board so that he can discuss quite candidly three (3) things; area, distance and time. Drafting legislation at any government level is very difficult because you have to balance the desires of the concerned versus the desires of the people engaging in the activity so that it is fair for everyone. Trustee Laubacher inquired if the noise from the recreational vehicles is the biggest concern. Mrs. Ford stated that for the most part the noise is the biggest concern but in the summer the dust is also really bad. The Board thanked Mrs. Ford for coming to the meeting and sharing her concerns.
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 $262,543.98 for the week ending January 1, 2013 and bills in the amount of $12,867.95 for the weekend ending January 8, 2013 for a combined total of $275,411.93; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fiscal Officer:
Trustee Chessler made a motion to accept the minutes of the December 18, 2012 Regular Meeting; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Administration:
Consider Renewal of CLOUT Membership
Administrator Fetzer stated that the Board received a document regarding the annual renewal of the CLOUT membership. CLOUT stands for the Coalition of Large Ohio Urban Township’s and was developed in 1995 in order to provide assistance to local governments through the litigation fund. CLOUT supports a variety of causes which potentially impact the Township. As a member of CLOUT, the Board will continue to enjoy a variety of benefits. Perry Township has been a member of CLOUT for over a decade. Administrator Fetzer requested that the Board consider renewing the Township’s CLOUT membership.
Trustee Chessler made a motion that the Board renew its membership with CLOUT for the upcoming year; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fire Department: None.
Police Department:
Consider Renewal of Archiving Maintenance Agreement
Chief Pomesky asked the Board to consider the renewal of the archiving maintenance agreement. Each Board member received a copy of the agreement which archives the department’s emails. The cost to renew this agreement annually is $1,080.00. Over three (3) years the total expenditure would be $3,240.00. There is an offer that if the Police Department renews the archiving maintenance agreement for a three (3) year term the cost will only be $2,797.20 saving the department approximately $147.60 yearly. Chief Pomesky recommended that the Board consider the approval of the three (3) year term at a cost not to exceed $2,797.20.
Trustee Chessler made a motion that the Board approve the renewal of the archiving maintenance agreement for the Police Department at a cost not to exceed $2,797.20; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Road Department:
Consider Dismissal of Casual Employees- Sam Davis and Dennis Resler
Mr. Masalko stated that due to other obligations Mr. Davis and Mr. Resler are no longer able to serve the Road Department as casual employees. Mr. Masalko asked the Board to consider approval the dismissal of Mr. Davis and Mr. Resler. Trustee Chessler inquired if the employees have indicated the desire to submit a letter of resignation. Mr. Masalko stated no and that the decision was discussed over a phone call but he could ask them to submit letters of resignation if the Board would like. The Board agreed that they would like to receive resignation letters before moving forward with this matter.
Trustee Chessler made a motion that the Board table the dismissal of Mr. Davis and Mr. Resler until the next regular meeting so that resignation letters can be obtained; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Supplemental Employees
Mr. Masalko stated that after speaking with other Department Heads and other Township the Road Department is asking that in the event of a large snow storm, tornados, large storms and disasters they could use Police/Fire Assistant Mechanic and his vehicle as well as employees and vehicles from Parks/Recycle. This would assist with snow and ice removal or storm/disaster clean up. Mr. Masalko stated that other Township’s are starting to restructure and this is all going to be under a Director of Public Works. Other surrounding cities also use employees from other departments to assist with these duties. Trustee Haines inquired if there were any issues with this from a union stand point. Mr. Hall stated that there are not any issues from a union stand point because there is a section of the contract that specifically permits casual employees. Mr. Hall stated that before the Board takes action on this matter he wanted to point out three (3) things that the Board should keep in mind. Any full-time employees with overtime hours must be paid at the higher rate of pay. Those employees that are part-time are held to the 1,500 hour limitation. Also, in 2014 the Health Care Reform Act will go into affect and the Board will need to be mindful of those requirements as well. Mr. Schlegel noted that Mr. Ferguson and Mr. Edwards have already signed letters regarding the 1,500 hour requirement. Mr. Hall stated that the Township will have to revisit that because that was drafted to become in compliance with state law. Mr. Hall stated that he is still waiting on the language and rules from the federal government to find out if that is permitted under federal law.
Trustee Haines stated that Mr. Ferguson, Mr. Edwards and Mr. Bergmann are the only employees that are properly licensed to be able to do this work. Mr. Masalko stated that is correct. Trustee Haines stated that Mr. Bergmann is already listed as a casual employee but Mr. Ferguson and Mr. Edwards will just be used during the work day. Mr. Masalko stated that was correct. Trustee Laubacher inquired if Mr. Ferguson and Mr. Edwards would be using the big plow trucks. Mr. Masalko stated that they would be using the Parks/Recycling trucks.
Trustee Chessler made a motion that the Board authorize the Road Superintendent to use supplemental employees and further direct the Road Superintendent to be mindful of the legal limitations and restrictions on the use of part-time employees and to the extent possible use those supplemental employees that are already deemed as casual employees during their normal work hours so as to remain in compliance with these limitations; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Law Director:
Public Status Report of Collective Bargaining Negotiations for Police, Fire and Road Departments
Mr. Hall stated that the Board of Trustees has decided that the non-union employees within the Township will remain at the 2012 rate of pay. Mr. Hall stated that he felt that it was important to inform the Board, Department Heads and general public that all of the collective bargaining unions (Police, Fire and Road) have reached tentative agreements. This has been a very pleasant process. For a year and a half there have been dyer economic predictions and the Board has been trying to communicate to the public that the general fund budget is in worse conditions than it has ever been in. All of the unions have acknowledged and stepped up to the plate. In 2013, the union employees will not be receiving a pay raise. All of the unions have agreed to take a 0% pay raise and remain at the 2012 rates. Some of the unions have also given other concessions, relinquished other benefits and are making other contributions to keep operating within their budgets. The employees understand the economic restraints that the general fund is in and they are taking steps to do what they can do. The union members are sacrificing along with the Department Heads and the non-union members. Mr. Hall asked the Board to reserve the right to take action at the January 15, 2013 work session. Mr. Hall stated that by Friday he hopes to have to the Board the signed tentative agreements and will ask them to review and approve next Tuesday. Mr. Hall stated that he already has the road union contract in hand and he, Trustee Chessler and Assistant Road Superintendent Young are going through that to make sure it is complete. There are a few things to hash out with the fire guys but they are very, very close. Mr. Hall stated that they are just waiting on language from the police patrol union on two (2) articles. Mr. Hall stated that realistically he anticipates being in the position to recommend approval at next Tuesday’s work session. Trustee Laubacher inquired if the agreements are good for one (1) year. Mr. Hall stated that the contract agreements are good for three (3) years.
Zoning: None.
Parks/Recycling: 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.
Upcoming Events:
A. Christmas Trees will be accepted at the Road Department from December 26, 2012 through January 30, 2013, during normal Recycling hours: Monday- 10:00am to 6:00pm, Tuesday- Thursday 8:00am to 2:00pm, Friday 9:00am to 5:00pm and Saturday 8:00am to 2:00pm.
B. The Board reserved the right to take action at the January 15, 2013 Work Session.
Public Speaks-Open Forum: None.
Adjournment:
With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 7:53pm; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Doug Haines, President
Joe Schlegel, Fiscal Officer