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
August 18, 2015 7:00 pm
Call to Order/ Pledge of Allegiance:
Excused absence:
Additions/Deletions to Agenda:
Public Hearings/Invited Guests:
Swearing In of Part Time Fire Personnel
Trustee Chessler stated that they would please ask the personnel with us this evening to come up to the front of the room and he would amass administer the oath of office and assumes everyone will respond in the affirmative that they will take the oath. Trustee Chessler stated that after the swearing in ceremony, we will take a 5 minute recess.
Trustee Chessler stated that before he calls the following individuals to please come forward, he would like to commend the Chief and his staff for exercising a great deal of effort to go through and solicit and evaluate and scan and do all the things necessary to compliment our department with the new and additional personnel. Trustee Chessler thanked Chief Martin for all this and added that he was sure we have some fine individuals coming on board with us.
Dale Nelson
Timothy Sibila
Valerie Ady
William Bentley
Alex Busby
Daniel Pittman
Joseph Looby
Joshua Pappas
Andrew Kendrick
Allison Fetters
Trustee Chessler asked each of these individuals to raise their right hand and state their name and continued the swearing in ceremonial procedure.
Trustee Chessler congratulated each of these ten (10) individuals and added that an individual oath has been prepared for each of them to sign.
Trustee Chessler made a motion on behalf of the Board of Trustees that the afore-named individuals are hired as probationary part-time Firefighter EMT-B’s and/or Paramedics. As such, they will be afforded all benefits currently applicable to part-time employees. These individuals will be required to follow and complete all of the current requirements placed on probationary employees by the fire department and Perry Township. They will also agree to adhere to all local, State and Federal laws, rules and regulations that are applicable to their employment and shall adhere to the Perry Township work hour restrictions of an average of no more than twenty-eight (28) hours per week per established recording periods and total work hours not to exceed 1500 hours per year; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Trustee Chessler indicated to these ten (10) individuals that they were formally hired and thanked them.
5 Minute Recess
Executive Session(s):
Trustee Chessler made a motion that the Board adjourn into an Executive Session pursuant to ORC 121.22 (G) (1) to investigate charges of fire department personnel to include the Board, Fiscal Officer, Law Director and Fire Chief; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
The Board adjourned into Executive Session at: 7:10 pm
The Board adjourned from Executive Session at: 7:33 pm
Consider Officer Ben Barrett Step 2 Grievance Hearing
Trustee Chessler stated that the Board has received a memo dated August 13, 2015 from Chief Pomesky that outlines this on July 8, 2015; Chief Pomesky served a notice to Officer Barrett transferring him back to the Patrol Division from the School Resource Officer position at Perry Local Schools. On July 13, 2015 at 10:26 am, the Chief received a grievance from Officer Barrett regarding the transfer. Officer Barrett states in his grievance that he was disciplined and that the article in the contract regarding vacancy has been violated. Trustee Chessler indicated that the memo goes on to recite the code provisions of the collective bargaining agreement and are contained in records of a grievance. Trustee Chessler stated that pursuant to the Collective Bargaining Agreement, this matter is then scheduled for the Board of Trustees tonight for the next step in the grievance process. In reference to the grievance before the Board this evening, Ben Barrett is here tonight with union representative, Mr. Chuck Aliff. Trustee Chessler asked Mr. Aliff if he would introduce himself for the record.
Chuck Aliff introduced himself and added that he is an employee of the Fraternal Order of Police. Upon request, Mr. Aliff spelled out his name.
Trustee Chessler indicated to Mr. Aliff that he knows that he is aware that this is a public meeting and added that the Grievant has the right to request that this hearing be conducted in an Executive Session beyond the hearing of the public; it is not the Board’s choice, it is the Grievant’s choice and stated that he would ask him to state on the record what his preference is for the hearings. Mr. Aliff stated that Officer Barrett’s preference is for a public hearing. Trustee Chessler indicated that we will proceed as such.
Trustee Chessler inquired of Law Director Hall if there was anything else procedurally that we need to address at this point. Law Director Hall inquired if Mr. Aliff had a motion and if he was ready to proceed. Mr. Aliff indicated that they were ready to proceed.
Trustee Chessler stated to Chief Pomesky that again he has submitted to the Board the supporting documents and a written memo and added that he would ask him, for purposes of our record of this hearing, would he please proceed to outline, in oral fashion, the procedure and the substance of the grievance and the Chief’s position.
Police Chief Pomesky stated: on July 8, 2015, I served Officer Barrett a notice transferring him back to the Patrol Division from the School Resource Officer position at Perry Local Schools. This notice was sent after seeing some concerns surface. The goal of the transfer is to provide training in other key areas that are essential for law enforcement officers to further develop in. On July 13, 2015 at 10:26 am, I received a step one grievance from Officer Barrett regarding the transfer. Officer Barrett states in his grievance that he was disciplined and that I violated the vacancy article. Those articles are defined as Article 17 and Article 19 and I have included the language in the grievance summary for the Board’s review.
Chief Pomesky stated: after receiving the grievance I reached out to set up a step one meeting with Officer Barrett and the FOP Representative, Chuck Aliff. We were able to meet in my office on July 14, 2015 to discuss the issue. In the meeting, we were not able to reach an agreement on a common ground out of this meeting. The following was admitted by the FOP at that point.
- · Clearly my actions don’t meet the definition of discipline.
- · Agrees that training was a good idea. Wanted to focus his performance as an SRO not a police officer as a whole.
- · By all means admits that I have the management right to transfer and he is not challenging it.
- · States that the challenge is based on the incumbent employee failure to perform under Article 19 (Note Office Barrett’s been in the school approximately 5 years)
Chief Pomesky added that it is important to point out that Officer Barrett has been functioning in this capacity for approximately the last five (5) years so he is not an incumbent employee where you have preliminary training and some adjustment periods to deal with. Chief Pomesky stated: I did inform Mr. Aliff and Officer Barrett during the meeting that the transfer clearly falls under Article 7, 7.1E – for the transfer. Chief Pomesky stated that it is argued that Officer Barrett is an incumbent employee, he is not, he was working in the capacity as the SRO for over the past five (5) years approximately. Officer Barrett approached me to stay in the school toward the end of the posting when we had initially discussed making the transfer and putting a new person into that role, and I did extend his stay over there at that point. Chief Pomesky stated that seeing several issues surface, it is in the department’s best interest to make a direction change and move forward. Chief Pomesky stated: in closing, the transfer of Officer Barrett is covered clearly under the management right. Chief Pomesky stated: I didn’t issue any discipline, no discipline was processed at any time and I am not violating the contract.
Trustee Chessler stated to Mr. Aliff that he would give him the floor and would request that in addition to anything else you have to present indicated that the two things he would like clarification to is: one, with what has happened, in what form has discipline been invoked; and secondly, how is this not clearly under a management right.
Mr. Aliff stated that he would address the last question first. Article 19 Vacancy limits Chief’s transfer of an employee into a vacancy. Specified here is “failure of an incumbent employee to satisfactorily perform the requirements of a position . . .” so Mike Pomesky (wording unclear) vacancy for reason of the incumbent failed to perform the requirements of the position. Mr. Aliff stated that he knows this because he called me on July 7, 2015. Mr. Aliff indicated that on July 7th, Chief called him, and added that he doesn’t know the Chief very well and that it was one of their first conversations, and added that he certainly didn’t know Officer Barrett at that time, but the Chief called to explain to me that he is removing that officer from the Student School Resource Officer’s position for poor performance. Mr. Aliff stated that Chief went on to explain his reasons for two (2) instances that have occurred in this past year; one incident involving a school bus incident, he called it a stabbing; I was told it was more or less a poke with a pen that broke the skin that resulted in a band aid at the hospital, but he took issue with the fact that Officer Barrett used a school phone to capture some images as evidence. Officer Barrett did that because it was expedient and it was effective.
Mr. Aliff described another incident that the Chief brought to his attention in terms of justifying his claiming vacancy for failure to perform the details of the job in relation to Officer Barrett’s job performance at an event called Country Fest. Mr. Aliff stated that he did not know a great deal about County Fest except that (wording unclear) the Chief, Mike Pomesky received a call from the Police Chief of Lawrence Township complaining about Officer Barrett. Now in the second example of why or how he performed poorly, I have yet to get an answer from Chief Pomesky because he has not gone into detail to explain what exactly it is that he did at this Country Fest that would affect his job as a School Resource Officer, but those were his two reasons.
Mr. Aliff added that as the Chief said, he notified Officer Barrett that he was being transferred. Officer Barrett contacts me and Officer Barrett is convinced that the Chief has taken this action in a punitive nature against Officer Barrett. That answers your first question. He is circumventing the discipline procedure by not disciplining Barrett, there is then no just cause to do so and so he sought out another way to harden him, if you will, by moving him from the position that he had been in for five (5) years. Officer Barrett files a grievance, we had the meeting with Chief Mike Pomesky on the 14th (July 2015) and in that meeting we had a long conversation about Officer Barrett’s performance. Mr. Aliff stated that in that conversation at no time did the Chief adequately explain how it is that he has not performed in regard to this. Mr. Aliff stated that he asked ‘have there been any performance evaluations in the last five (5) years’, his answer was ‘no, the Trustees do not obligate me to perform evaluations’. ‘Can you produce documents that show the requirements of the job’. He cannot produce the documents that show the requirements of the job. Mr. Aliff stated that he asked ‘can you explain to us the requirements of the job’. He could not explain the requirements of the School Resource Officer. Mr. Aliff stated that you have a situation where an officer has been performing the job for five (5) years and has been doing so satisfactorily, or perhaps admirably and then in light of these two (2) very big instances that have occurred this past spring, is being removed from that position and the Chief is going to (wording indecipherable) for reason of underperforming and not meeting the requirements of the job. Mr. Aliff indicated that we asked for a public records request of Officer Barrett’s file and in that file there was no severe discipline whatsoever, no suspensions, nothing greater than a letter of counseling, the three of those that were in there are dated: one in 2011 for a minor vehicle accident, one for 2012 for minor vehicle accident and another one in 2014 for talking to the wrong Sergeant to fill out his (wording indecipherable). Mr. Aliff indicated that when it became readily apparent to Ben, myself and Mike Pomesky that this reasoning for moving Ben for failing to fulfill the requirements of the job fell apart like a wet paper bag, he told us that he wanted to see the program go into a different direction. (statement made from another party is indecipherable). Mr. Aliff stated: that’s interesting, did you ever communicate that to Ben. Person speaking stated: no we have not.
Mr. Aliff stated: So I would believe he removed Ben for failing to fulfill the requirements of the job. (Reply from another party indecipherable). Mr. Aliff stated: there is no proof of that, there is no evidence of that, other than his statement stating that he wanted the program to go into a different direction. Mr. Aliff stated: that, in of itself, in a nutshell, is the issue at hand. Mr. Aliff made another comment, but is indecipherable.
Law Director Hall stated that he suggested to Mr. Aliff that he didn’t think this is even subject to the grievance process because under Article 7, Management Rights, the Chief doesn’t have to have a reason, he can staff his personnel where he chooses to staff his personnel, the best man in each of the departments, goals, resources and (indecipherable). Mr. Hall stated that Officer Barrett is a good cop, we don’t doubt that. Law Director Hall stated: as Chuck has pointed out, there is nothing of substance in the discipline. Officer Barrett likes being the School Resource Officer because it is kind of a cushy, low risk position, it’s not dipping girls’ pigtails in ink wells or putting tacks on chairs, it’s a different boat that we’re in today, but it’s a position that is within the Chief’s right to set up; there is no proprietary or ownership interest in the School Resource Officer position; it is not like being a sergeant or an officer or lieutenant or captain, it has no job entitlement there; they have conceded, as Chief Pomesky told you, this is not punitive, it is not disciplinary, it is to get Officer Barrett trained in other areas where the Chief is seeing deficiencies. Law Director Hall stated: finally and most importantly, the Chief does not have to give a reason because no reason is required. Under Article 7, Management Rights, it is totally within his discretions. Mr. Hall stated: lastly, I have suggested to the Chief, we’ve had a School Resource Officer for about twelve years, give or take and I have suggested to the Chief that it should be a nine (9) month appointment and it should be posted and go all through the process every year. It should run through the current school year because Officer Barrett comes out onto the street and assumes as a patrol officer when school is out of session anyway. Law Director Hall stated: what I am suggesting to the Board is that Officer Barrett’s position, with all due respect, should end as was previously noted, not because it is not subject to grievance, it’s not disciplinary, it’s not punitive, it’s a management right.
Trustee Chessler stated that he would give Chief an opportunity for rebuttal and then Mr. Aliff and then anything he says, will give you an opportunity to respond.
Chief Pomesky stated: obviously during the Step One meeting, the characterizations that were portrayed the night we disagree on, then there is a disagreement with the portrayal of them, but nevertheless, the goal of this transfer is obviously further development, there was never a notice of discipline, we’re not looking at processing discipline, it is time to change the direction of the program, change the environment and that is where this is going. Chief Pomesky stated: again, I have not violated the contract.
The School Resource Officer position is not being eliminated; it is being posted within the department and will be filled. It is not elimination; it is just a transfer of one officer out and upon appointment, another officer.
Chief Pomesky stated that we have had several officers over the years, I have seen Officer Crane as one of the DARE and SRO officers, Officer Waggoner, Officer Watson, we have had Officer Caughey, we have had several all throughout the years. We have good, qualified candidates inside our agency that can step up and can then pick up and further develop, and it’s time to make that change.
Trustee Chessler inquired if there were any questions by the other Board members.
Trustee Laubacher inquired of Mr. Aliff: why do you feel that this is harming, you made the statement that this is going to harm him, I don’t understand that. To round out him as an officer, he was an SRO officer for five (5) years, why can’t he be rounded out and go out and work patrol to serve the Township and be in the neighborhoods as a police officer.
Mr. Aliff stated that was a great question and added that Officer Barrett has twice applied for this position and has twice held this position and it is a position that he thoroughly enjoys doing, he is an A-League act at doing it very well, he is well thought of in the community, he is a resource to the Township in terms of police presence in the schools, that is the job he wants to do, that is the job that allows him to get up in the morning, bright-eyed and bushy tailed to go out and do that job, that is what he wants to do, that is what he has to do. Mr. Aliff stated: I will stress that this is grievable because the Chief told me that the reason why he is removing Officer Barrett was for failure to fulfill the requirements of the job.
Mr. Aliff stated that we have people we would like to have the opportunity to speak to say otherwise as far as informants of Officer Barrett in his capacity of the School Resource Officer if you would permit. We will limit it to three (3) people; we have three (3) principals here who witness Officer Barrett on a daily basis and they witness him (Officer Barrett) doing it far more than Mike Pomesky has. They have, on a separate note, tell you that Mike Pomesky is rarely in the schools, these people see Officer Barrett on a daily basis and I think their input is valuable, in terms of how he is performing this job.
Trustee Laubacher inquired that he didn’t understand what this picture that was supposed to have been taken, you said something about that he didn’t have a phone or he was using a different phone. Mr. Aliff stated: he used a school phone. Trustee Laubacher inquired what is a school phone. Mr. Aliff stated that it is a smart phone. Trustee Laubacher inquired who provides this, does the school provide this. Mr. Aliff stated: yes sir. Trustee Laubacher inquired: did he have a police phone. Chief Pomesky stated: do you mean camera. Trustee Laubacher stated: yes.
Chief Pomesky stated that he would respond to that. Not only does he have a camera issued to his cruiser, but one that is issued to his desk as well for follow ups and for convenience sake, so the argument that there was a lack of camera doesn’t exist. The one that was assigned to the cruiser, the one that was assigned to him via personnel file for the equipment sign off for the position.
Officer Barrett stated that he had a camera in his office: that I did not grab when I left. We typically have cameras in our cars, I couldn’t find it that day, I share the car with somebody who isn’t the most neat and tidy person, I glanced for it for a minute and kept on going. Officer Barrett stated: I never claimed nor did I say I was never issued a camera or anything else. Yes, there were cameras, yes, it was a mistake on my part, that’s it.
Law Director Hall stated that we all recognize that there are policies and procedures for the collection and preservation of evidence, this may give Officer Barrett an opportunity to refresh his knowledge and his experience (wording indecipherable) as to the policies and procedures.
Mr. Aliff stated: that happened months ago and it hasn’t happened since, obviously he has learned from it.
Trustee Chessler stated that he did not want to forget about his request, but added that he did have another issue that I think is (wording indecipherable). Trustee Chessler stated to Mr. Aliff: I’m sure you see a lot of Collective Bargaining Agreements and you know that although they are written slightly different, there are certain things that you are going to find in every one of them and one is the Management Rights. Trustee Chessler stated: the divide to our limit be that Management Rights are written very broadly in the terms that they cover and they are intended to the wide area of discretion for the manager to make managerial decisions, popular and unpopular. Trustee Chessler stated: I will compare this situation to the private sector where we have employments at will where a person making a decision on discipline or terminating somebody can do it for a good reason, a bad reason, or no reason at all. Again, this is a manager’s right to make good decisions or bad decisions and those decisions are beyond being challenged even though the person may say it’s being done for the pretext of accomplishing something else. That, I’m still searching for. Trustee Chessler stated: I can’t look at Ben and not think the highest of him, he’s a good officer, I have nothing but good interactions over the years, I’m not looking at this necessarily with Ben bearing the position, but I’m just looking at if this goes further when other people that are detached from the situation and would review what we decide here, are they going to say, you know what, maybe that was a pretext, maybe he made this decision for reasons that he is not stating or reasons that aren’t the best of all, but it is still a management right to make a bad decision or a decision at all. I’d like to explore that issue a little more.
Mr. Aliff stated: as I said in my opening, we are grieving this under Article 19, Vacancies. Mr. Aliff stated: vacancies limits management’s right to create the vacancy and is very clear in that article as to what vacancy and how he can create vacancies and he made it very clear to me on July 7th when he called me and again on July 14th when Ben and I sat down with him that he was creating this vacancy because of an incumbent failing to meet the requirements of the position.
Trustee Chessler stated: and your position is that it was the incumbent that he didn’t (wording not clear). Trustee Chessler stated: and the thing that he articulated to you (wording unclear) and that is what your position is. Mr. Aliff stated: that is correct.
Law Director Hall stated: just for the record, Article 7.2 specifically says that nothing in this article supersedes management’s rights. The grievance is supportive to the management rights.
Trustee Chessler stated: with regard to your requests, I will also like to say that I know that Ben’s been in the schools for five (5) years and I know this is a position that endears one to the people that are there; not only the staff, but the students as well. We will take notice of the fact that there was a very good relationship between Ben and the staff and students there and if you say that you are limited to three people that would like to address the Board, just bear in mind whoever you are, that we are aware of that and there is no need to expound in abundance on those things. Trustee Chessler added: we know that Ben is a good officer and he did develop a good relationship with the schools. Trustee Chessler stated with that middling attitude you can proceed with the people here this evening.
Mr. Aliff stated: I will be very sensitive to that and do thank you for your time. I am going to have Mr. Conrad, Miss Reese and Ms. Cantrell stand please. Please state your name, your employer, your occupation and do characterize your (indecipherable) with Officer Barrett.
Mr. Jason Conrad stated: I can speak for the three of us because we all work together and we are at the schools. I have known Ben for five (5) years, have worked in the school with him all this time and you are saying that you are not looking at him personally, you know him personally and I understand that. Mr. Conrad stated: I am a bit of a manager in my position and I have great respect for Chief Pomesky, I have been interactive with him in Rotary and some of you and appreciate the things that he has done for our community. It is personal for us. With all due respect to council here, it is not a cushy job (clapping) and he has done things the way we’ve asked him, there have never been issues; there have never been issues of integrity. I have never had interactions with Chief Pomesky on performance in five (5) years, never, and again that is nothing against anybody here, Ben or the Chief. It has never been an issue. Suddenly, something has quickly changed and we don’t understand that. The relationships you’ve mentioned, I must be a little disagreeable, it is critical to have a school safety plan, keeping everybody safe, 1,690 kids and 150 staff members and he has done that for us for five (5) years, we’ve never had issues with that in our building. And something just seems strange to us; the relationships he builds with our kids is critical and if I’ve missed anything, feel free to add to this; with respect to everybody’s time, we very much appreciate the opportunity to come here and let us speak.
The Trustees thanked Mr. Conrad.
Mr. Aliff stated: the last thing that happens in the five (5) years that he has been the School Resource Officer, he has, to date, I believe, 500 incidents that he has been involved in investigating and the Chief called up one (1) incident wherein he made a mild mistake, just one out of 500. As far as training goes, he has not been trained at all since he has been moved back out on shift, no additional training whatsoever, that’s all I have sir.
Law Director Hall stated to Mr. Aliff: just so the record is clear, in Mr. Barrett’s grievance, he asks obviously, for reinstatement of the position and it also says to be made whole. Mr. Hall inquired to Mr. Aliff: is there any other lost time or lost income that we are not aware of, I was not aware of anything that he has lost other than being removed from the position. Mr. Aliff stated: monetarily, no sir.
Trustee Chessler inquired if any Board member had additional questions: anything else that you would want to offer in response; we are narrowing this down with what has been said previously, anything else, Chief.
Chief Pomesky stated: previous training is in the works of being offered; however we cannot do this training inside the agency, we do not have an instructor qualified to do this training, we are going to be sending him out into the schools here by third party vendors, but those are scheduled out, the research is in the direction that we want them to go, it has to be done, (wording indecipherable) and that will be forthcoming.
Trustee Chessler stated: there being no one else to address the Board on this matter, I don’t think that we’ve accepted any documentary notes other than.
A resident spoke up and stated that they would like to say something. Trustee Chessler stated that they were going to limit this to only the school officials and added that they would have Public Speaks at the end and we would open that up again, with the request that we understand the personalities involved here and the relationships involved here and we, I think, share your opinion about the people involved and the importance of the job and all of that, so if there’s anything above and beyond that that we might already know, that is where I would request to take your comment to address.
Trustee Chessler stated: with that, we will call this Grievance Hearing to a close and would think that with what has been presented tonight, it would be prudent to take this matter under advisement with Mr. Hall. By the contract, the Board is obligated to render a decision and communicate that in thirty (30) days.
Mr. Hall stated to Mr. Aliff: typically we have agreed that thirty (30) days is conclusive, agreed. Mr. Aliff stated: yes sir.
Officer Barrett stated: there will be nobody in the schools for thirty (30) days. Officer Barrett was confirming that the Board could take up to thirty (30) days. Trustee Chessler stated: I wanted to make sure that your rights had the decision in what the law considers a timely manner is set forth.
Officer Barrett stated: I just want you to know that I think so highly of this position and I like it so much is because I like directing kids and the staff at Perry Local and Central Catholic, it’s not because it’s a cushy job. So when you say thirty (30) days, that’s thirty (30) days that these people, the kids of Perry Local and their kids, staff members are unprotected, that’s all I’m saying.
Law Director Hall stated: that’s not fair and will explain to the crowd that Officer Blanc is assigned as the SRO and she’s in the schools. Officer Barrett stated: and she’s been instructed to do nothing, it is my understanding, besides DARE classes, anything outside of that has to come from the road.
Trustee Chessler stated: we trust our Chief to run the Department and that’s certainly a part of this.
Trustee Chessler addressed what he felt was an outburst of another Township employee present this evening and asked that we move on with the meeting.
Communications:
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business:
Consider Resolutions to Determine Decision of Officer Luke and Officer Slone Step 2 Grievances
Trustee Chessler inquired if it was the Board’s preference to deal with the resolution of the prior Grievances now or after the conclusion of this. It was the general consensus of the Board to conduct this matter at this time.
Trustee Chessler indicated that the Board has previously conducted a hearing similar to the one tonight on a Grievance submitted by Officer Luke, the Board did conduct that hearing and added that we are obligated to make a decision within the specified time frame; the Board has had an opportunity to discuss this matter more fully and have a report from the Law Director on the additional information that was received and at this time will ask the Law Director to advise the Board on the summary of that and recommendation.
Law Director Hall stated that since Officer Luke is first on the Agenda, I would recommend to the Board that you affirm the position to the Chief denying the Grievance, and again, this is a non-grievable matter. Officer Luke was not reprimanded, it was merely a training session and although he was not present at the hearing, I am aware that both Ms. DiNardo and Officer Luke both agreed that it was a training session, not a discipline alert so we suggest a denial of the Grievance in an affirmation of the Chief’s letter of training issued to Officer Luke. Trustee Chessler inquired if there was a motion to that fact; Trustee Haines indicated, so moved; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Trustee Chessler indicated to Law Director Hall that similarly, he please give us his summary and recommendation on the Officer Slone Grievance.
Law Director Hall stated that Officer Slone was given a written reprimand with his pursuit of a suspect on a bicycle, he lost control of his vehicle, slid off the road and struck the bicycle causing some damage to the vehicle. Mr. Hall stated that Officer Slone has asked that the discipline be rescinded and he receive no discharge; any discharge that was recommended by the Chief was a written reprimand with no loss of time and no loss of wages. Law Director Hall stated: I will suggest to the Board that it has been the procedures of this department that prior to former Chief Escola, that anytime an officer was involved in a motor vehicle accident resulting in damage to the vehicle that the Officer be given a written reprimand, there is evidence that a prior female officer, while also pursuing a suspect who was involved in this under Chief Escola, had received a written reprimand. Again, since there was an acknowledgement of the special circumstances of the pursuit by recognizing that this has been a long standing policy of this department, I would then again recommend that the Board deny the Grievance and affirm the written reprimand of Officer Slone. Trustee Chessler stated: that is a motion. Trustee Haines stated: based on past precedent, I will make that motion; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Law Director Hall stated that he will notify the Grievants and the Grievants’ representative of the Board’s decision.
New Business:
Consider Scheduling Rick Moore Holiday Pay Grievance
Trustee Chessler stated that we have a matter of new business involving a grievance that is coming from the Fire Department. Trustee Chessler inquired if Chief Martin would give an outline in regard to this matter.
Fire Chief Martin stated that the question is whether an individual is eligible for holiday pay.
Trustee Chessler inquired of Law Director Hall if under the fire contract, if the time frame was the same as when you scheduled this. Law Director Hall stated that it is. Mr. Hall indicated that Adam Reiger is here this evening and is the local representative and if there is no objection from Mr. Reiger who actually signed the Grievance on behalf of Firefighter Moore, added that he would ask the Board to schedule this for the first meeting in September. Trustee Chessler inquired of Adam Reiger if this would be satisfactory.
Trustee Chessler stated that this will be scheduled, noting that a motion would not be necessary, the grievance submitted by Rick Moore to be heard before the Board on the Regular Meeting of September 1, 2015.
Trustee Chessler made a motion to approve bills and payroll in the amount of $961,070.25 for the week ending August 11, 2015 and bills in the amount of $26,706.17 for the week ending August 18, 2015 for a combined total of $987,776.42; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Fiscal Officer:
Administration:
Consider ODOT granted authority of closing SR 172 from Austin Street NW to Genoa Avenue from 10:30 am until noon for the 2nd Annual Community Parade on Saturday, September 12, 2015
Trustee Chessler stated that he would ask Administrator Fetzer to inform the Board in detail, the information of the notification from the Ohio Department of Transportation with regard to road closures for the upcoming parade and added to please elucidate on this matter.
Administrator Fetzer stated that the Board of Trustees is in receipt of the attached authorization letter from Mr. David Koneval, Ohio District 4 Traffic Office. Ms. Fetzer stated that the road closing authorization is inclusive of State Route 172 and Austin Street NW to State Route 172 to Genoa for the 2nd Annual Perry Township Community Parade. Ms. Fetzer indicated that the Board of Trustees Community Event Policy will be implemented. Upon the approval of the Board, the State Highway Patrol and the County Sheriff’s Office will be notified. Clean up of the parade is the responsibility of the parade committee. Parade chairperson, Mike Burris, present here this evening, requests the Board’s concurrence of ODOT’s authorization for the closing from 10:30 am to approximately Noon on Saturday, September 12th of State Route 172 from Austin St. NW, to Lincoln Way to Genoa, concluding on to 13th Street SW. Ms. Fetzer indicated that the closing notice will also be displayed in the appropriate fashion on the Township website, press releases and advance notification to the two (2) streets that are land locked off of Lincoln Way.
Trustee Chessler made a motion that the Board of Trustees approve, in concurrence with the authority granted by the Ohio Department of Transportation, with the proper compliance with all of the requirements they have proposed to close State Route 172 on Saturday, September 12, 2015 from 10:30 am to approximately Noon from Austin Street NW on Lincoln Way to Genoa concluding at 13th Street SW; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Fire Department: None.
Police Department:
Consider Polygraph Services
Trustee Chessler stated that Police Chief Pomesky has requested the Board to consider entering into an Agreement with the Sheriff’s Office to provide services for pre-employment polygraph screening.
Chief Pomesky stated that attached for the Board’s approval is the Memorandum of Understanding for the Sheriff’s Office polygraph service. Chief Pomesky briefly explained that the Police Department currently uses a company from the Akron area for their polygraph services and outlined that the cost is approximately $265.00 per candidate. Chief Pomesky stated that by doing this locally within the county, we would decrease that fee to $175.00. Chief stated that there are some other services that are outlined in the Memorandum of Understanding; Chief added that if we would use that for casework, we do not traditionally use polygraphs in our casework, but we are outlined there in case if later on down the road we do find the necessity to use those. Chief Pomesky stated that his recommendation to the Board would be for us to utilize the Sheriff’s Office polygraph services for pre-employment polygraphs. Chief Pomesky stated that there is a benefit to it; another good thing about this, it does not confine us just to the Sheriff’s Office, should we choose another vendor, we have that ability to continue to shop for better prices and competitive products. Chief Pomesky added that it would be a benefit to be able to use this local service.
Trustee Laubacher verified of Law Director Hall if we really need to okay this. Mr. Hall indicated that since this is a continued and ongoing agreement that we extend beyond the current year, we should have a Board Resolution.
Trustee Chessler stated that based on the presentation of the Police Chief, makes a motion that the Board enter into an Agreement with the Stark County Sheriff for polygraph services as outlined in his proposal to us; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Consider Approval of Supplemental Dispatch Services
Trustee Chessler stated that the Board is aware that we are transitioning our dispatching services and we have been aware of the transition involving current dispatchers taking vacation time and other time off and there is a strain or difficulty filling all of those shifts. Trustee Chessler stated that the Board recently directed the Police Chief to look into alternatives to supplemental coverage during this transition time and the Chief has provided to us a memo of August 15, 2015 regarding supplemental dispatch services. Trustee Chessler asked Chief Pomesky to please detail this for the record.
Chief Pomesky indicated that during the transition to the regional dispatch, we have seen some of the dispatchers leave the agency. Chief Pomesky stated that in an effort to remedy the staffing constraints, there is a benefit to partner with the Sheriff’s Office for the time being for some additional coverage in our dispatch center. Chief Pomesky stated that he spoke with Sheriff Maier and had a good discussion and we are going to be able to remedy those issues with staffing from their department until the merger at a rate of $25.00 per hour for their dispatchers.
Chief Pomesky stated that there were a couple of things to keep in mind; now that we’ve been greeted with an option to hire the additional dispatchers, it takes about three (3) to four (4) months to train a dispatcher to get them out on their own and the merger process will take place sooner than that. Chief Pomesky stated that it would be ineffective to solicit to bring somebody in to hire them only to turn around and they would be leaving the agency, the Township would see no benefit for that. The supervisor, the director of Stark Com is a former employee by the name of James Woods. Chief Pomesky stated that he has had discussions with him and he knows our operation in and out; the Township is in good hands for this merger process and we are moving forward with it on a good basis. Chief Pomesky stated that he would like to get the Board’s approval for the supplemental dispatch services.
Trustee Chessler indicated he knows this is not supporting documents, there is not a similar standard on contracts so the Board’s resolution will be satisfactory.
Trustee Chessler made a motion that the Police Chief is authorized on behalf of the Board to enter into a supplemental dispatch services agreement with the Stark County Sheriff’s Office; seconded by Trustee Haines.
Trustee Haines stated that he spoke with Sheriff Maier on Friday evening and he shared that he was excited to help us and Trustee Haines indicated that he had thanked him for the help.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Road Department:
Consider Accepting 2015 Road Striping Quotes
Trustee Chessler stated that we have accepted quotes for Road Striping. Road Superintendent Masalko stated that we have received four (4) quotes and the reason why they were not opened this afternoon is because they are quotes. Road Superintendent Masalko stated that he had already opened them; they all have bonds.
- 1. Oglesby Construction in the amount of $34,950.92
- 2. A & A Safety in the amount of $30,079.30
- 3. J. D. Striping in the amount of $24,772.00
- 4. American Roadway Logistics in the amount of $22,831.44
Road Superintendent Masalko stated that he would request the Board to allow him and the Law Director time to look these over and proceed with the best and lowest quotes.
Trustee Chessler made a motion to table these bids and refer them to the Road Superintendent and Law Director for further review and report back to the Board when they are finished; Seconded by Trustee Haines.
Trustee Chessler indicated that whenever we see a disparity in the amount of $12,000 for something like this, I think the Board would be interested in knowing where this comes from.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Consider the Placement of Two No Parking Signs on 17th Street NW
Trustee Chessler stated that the Board of Trustees has received a letter dated July 27, 2015 from Ms. Theresa Spilios who resides at 4815 17th St. NW in Perry Township. Trustee Chessler indicated that Ms. Spilios had requested a No Parking or a Do Not Block Drive across the premises sign because of problems that were depicted in the photographs that she had provided us. Trustee Chessler stated that he understands and would recognize that the Road Superintendent has reviewed this matter and he has advised the Board. Trustee Chessler inquired of Road Superintendent Masalko if he would please give his recommendation to the Board.
Road Superintendent Masalko indicated that he did go to Ms. Spillios property and took the photographs, attached before the Board. Mr. Masalko indicated that from the photographs, it was visible that there was a vehicle parked the wrong way, it is right off of Woodlawn, and pointed out another vehicle that was parked across the street from the driveway of the Spilios property. Mr. Masalko stated that you are not paying attention when backing out of the driveway and added that he could see where it could be bad for her. Mr. Masalko stated that he would recommend two (2) No Parking signs from where they are placed at the corner.
Trustee Haines inquired that the other side of the street is not near as a hazard because it is not blocking the stop sign, is that correct. Mr. Masalko indicated that was correct. Trustee Haines stated that it is inbound traffic off of Woodlawn versus traffic trying to exit onto Woodlawn.
Trustee Laubacher inquired where these two (2) signs were going to be placed. Mr. Masalko indicated that he had marked on the photographs where the signs would be designated to be placed.
Trustee Chessler verified of Law Director Hall that we would not need a traffic study or the engineer’s approval for this. Mr. Hall indicated not.
Trustee Chessler made a motion based on the information we received and the recommendation of the Road Superintendent that the Board authorize the placement of two (2) No Parking signs on 17th St. NW in Perry Township at the location that the Road Superintendent would choose; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Law Director: None.
Zoning:
Consider Accepting Assistant Zoning Inspector Job Applications
Trustee Chessler indicated that in a previous meeting, the Board had recognized that a few people have indicated their interest in submitting information for the recently revised, recently reapproved position of Assistant Zoning Inspector. Trustee Chessler stated that the Board had previously announced that we would accept applications until today at 4:30 pm. Trustee Chessler stated that the Administrator was kind enough in her efficient way to put together a spreadsheet showing the names and addresses of the people. Trustee Chessler stated that we will note that there are thirteen (13) people who have submitted information within the deadline; the Board will have an opportunity to review what has been submitted and would ask the Board’s preference as to whether or not we could do this at the September 1st meeting or September 15th meeting. Trustee Haines indicated that he would prefer the September 15th meeting to give us a chance to look over the resumes. Trustee Laubacher was in agreement also.
Trustee Chessler stated that the Board would schedule this for being an Agenda item on that night and added that we would do whatever is necessary to either narrow the list or meet and talk about this again.
Consider Approval for Side Lot Program Application
Trustee Chessler inquired of Zoning Inspector Weckbacher if he would provide information related to this request.
Zoning Inspector Weckbacher stated that this is a small parcel and added that it is 3,480 square feet, a non-billable lot in an R3 Zoning District. Mr. Weckbacher indicated that Michael Prinz is applying for this to add to his property. It is delinquent in taxes by $445.31 and they are asking for approval for this to go to the adjacent property owner.
Trustee Chessler asked Zoning Inspector Weckbacher if he would please refresh our knowledge of what happens then, it seems like there are not many people that would be interested in a bit of a lot here, but that person has an opportunity to purchase by paying the back taxes. Zoning Inspector Weckbacher indicated that once this is approved, it will go back to Stark County Land Reutilization Corporation and it goes to a Board there and they could possibly erase the back taxes and it will go to this person to get whoever is paying the taxes and up keeping this property.
Trustee Haines inquired if the adjoining land owner doesn’t want it or doesn’t have a choice of having half of it. Mr. Weckbacher stated that whoever makes application and asks for this. The neighbor to the south has probably three or four vacant parcels and probably doesn’t want to add to them. Mr. Prinz is the only person who has applied.
Trustee Chessler verified that what we have before the Board of Trustees tonight is the approval of his request and then we send it on to the SCLRC. Mr. Weckbacher indicated to see if there is any issue for Perry Township.
Trustee Laubacher inquired if the gentleman to the south should be notified. Mr. Weckbacher indicated that he may already have been. Trustee Chessler stated that this would be the SCLRC’s obligation.
Trustee Chessler made a motion that Perry Township recommend and approve the application of Michael Prinz for the Side Lot Program on the Parcel Number 4319426 on Navarre Road SW; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Trustee Chessler stated that the next item on the Agenda was an Executive Session that has already taken place.
Parks/Recycling: None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department:
July Statistics
Road Department: None.
Zoning: None.
Law Director: None.
Upcoming Events:
~2nd Annual Perry Community Parade and Oktoberfest – Saturday, September 12, 2015 – Parade beginning at 11:00 am and Oktoberfest from Noon to 8:00 pm at Hartwick Park – visit www.perrytwp.com.
~Road Closing – Genoa Ave. NW will be closed for sixteen (16) days, from Lincoln Way to 12th Street NW beginning August 24th through September 8, 2015. Road Superintendent Masalko indicated that this is the Second Phase of the Summerdale/Partridge project regarding the box culvert that is going across Genoa.
~Trustee Haines wanted to note that as many of you know, the project in regard to the Regis Perry Memorial Park has been going on and has been finalized two (2) weeks ago. A dedication ceremony will take place on Saturday, August 29, 2015 at 10:00 am.
~ The Perry Township Business Exchange Meeting – Thursday, August 20, 2015 at 5:30 pm at the Perry Township Administration Building – Meeting quarterly to continue promoting Perry Township Businesses through Community Events and organized business opportunities.
~Ballot Issue Filing deadline for March 2016 Primary Election is December 16, 2015.
Public Speaks-Open Forum:
Timothy Blythe, 2956 Bridgeton St. NW, Massillon 44646 – Mr. Blythe stated that he knows Ben on a personal level as well as a professional level and wanted to say that he is nothing but professional and does a wonderful job. Mr. Blythe stated that he respects the fact that management has the right to manage and as a business owner, understands that sometimes you have to do those things, but at the same time, you cannot duplicate the experience and the stability of the workplace. Our SRO and D.A.R.E officers are in a unique position because three (3) months out of the year, they are not in the schools and that gives them an opportunity, if things are managed properly, to be cross trained. They have the opportunity and have the training needed to be a police officer on the road. Mr. Blythe stated that Mr. Hall shared that as soon as you rotate, as you will, if that’s the way you guys want to do that (wording unclear).
Trustee Chessler stated to Mr. Blythe that his point was taken.
Garry Tausch, 3466 Crownpoint St. NW, Massillon – Mr. Tausch stated that as a parent who has had two kids go through the D.A.R.E. program, they have nothing but respect and trust for these D.A.R.E. officers. Mr. Tausch questioned why Officer Barrett was being removed because it was not because of the kids. Mr. Tausch stated that Officer Barrett’s performance is impeccable and added that the Board should be questioning why they want to remove him from this position as well.
Mark Lyon, 2631 Lombardi SW – Mr. Lyon stated that he would also like to show support for Officer Barrett, and spoke of Officer Barrett’s high character. Mr. Lyon shared that he also works with the kids of Perry High School as the advisor of the ski club and chaperone of the high school choir trips and made the point that working with the students is much about building relationships and trust. Mr. Lyon stated that to put someone new in the SRO position every nine (9) months would be a disaster; he added that it takes you almost that much time to get to know a student, sometimes a little longer. Mr. Lyon added that to get to know a new policeman each year, it would be difficult to build that kind of trust and cooperation.
Steve Toohey, 642 Summerdale Ave. NW, Massillon – Mr. Toohey stated that he too is here to support Officer Barrett. Mr. Toohey stated that he does a lot of work and has much interaction at the high school with Major Marshall and the ROTC program so he is in the school quite often. Mr. Toohey indicated that he sees Officer Barrett’s interaction with the kids and it is phenomenal. Mr. Toohey stated that he wishes every school had this type of gentleman to help our children. Mr. Toohey stated that he also wanted to say that it concerns him as a citizen that as of tomorrow, do we or do we not have an SRO officer in the school. Mr. Toohey stated that there are crazy people in the world and they look at vulnerabilities. Mr. Toohey added there are students in the school who look for what weaknesses they can find in teachers and administration and added that his prayer is that whatever the differences are here, we need to consider the safety of our children first and for all of us. Mr. Toohey stated that he does not want to hear on the news that even one child was injured due to the fact that we had nobody in place.
Dennis Lanier, 815 Bayberry St. NW, Massillon – Mr. Lanier inquired why Genoa Road will be closed. Trustee Chessler asked Road Superintendent Masalko to explain the road closing.
Road Superintendent Masalko explained that when we have major rains, Genoa Road floods, so the last phase of the Summerdale Partridge project is to increase the culvert under Genoa Road with a cement box culvert structure that will carry more water over to Sippo. Trustee Chessler further indicated that this will require an open cut and when they cut the road open, there is no way that they can maintain traffic so it will have to be diverted for those purposes.
Mr. Lanier stated that adjacent to this drainage there is no place for the water to go. Trustee Chessler indicated that it is going to Sippo Lake. Mr. Lanier inquired if it would be that long, that it would drain it away. Trustee Chessler explaiined that we have been working upstream, the pipeline is right over here by Doctor’s Hospital and everything in this area flows down that way and is flooding the neighborhoods there so this project was to collect it there and it needs to go somewhere and this is the last segment of this project to get the collected water off to Sippo Lake, in the low lying area and that is going to require a road cut and road closing.
Mr. Lanier indicated that at times, his property is under four (4) feet of water.
Trustee Haines stated that Stark Parks has also done some changes inside of Sippo Park, they have done some clearing, they have done some controlled burns there and are supposed to make that more of a wetlands area. Trustee Haines indicated that once that water goes underneath Genoa, they are going to re-channel the water there so it will flow through and what overflows will go into the lake. Trustee Haines added that the whole goal is that this water that starts at Doctor’s Hospital and goes down through the Summerdale neighborhood will continue and flow right out onto Genoa and alleviate the flooding. Trustee Haines added that it is a partnership with us, Perry Township, Stark County and there was also a grant that has helped with this project.
Mr. Lanier indicated that his property is adjacent to the Volzer property and added that side of the road is higher than the other. Trustee Haines indicated that area on the Volzer property is not part of that culvert run; that is private property and there is no drainage coming off of that, so what we’re talking about is not going to help Mr. Volzer’s flooding issues there because it is all on private property. Mr. Lanier stated that it is flooded because you have five (5) sewers all going into it. Trustee Haines stated that is something we would need to get the county involved in; if there are sewers going into that, then it is an issue.
Trustee Laubacher inquired of Mr. Lanier, when you say sewer, are you talking about storm sewer. Mr. Lanier stated that was correct. Trustee Laubacher indicated that there is a four (4) inch pipe that goes out of there across the road. Trustee Haines indicated that it is lower than the other side and it takes a lot to get it over there. As Trustee Haines indicated Trustee Laubacher stated that Stark Parks is opening up more of an area over there to be able to take that water.
Trustee Haines indicated that he doesn’t know if that is going to help the Volzer property because it does not tie in there other than a four (4) inch pipe; all the water that is coming through Summerdale is coming out of that open ditch and it is going to go through this large culvert but if there is a storm sewer is going into that, it would be interesting to find out if they are supposed to be going in there.
Trustee Haines stated to Mr. Lanier that he would be happy to get his contact information after the meeting and meet him out at this location along with one of the Stark County Commissioners and our Road Superintendent to figure out where it is coming from, legally or not.
Mr. Blythe inquired how many people have submitted their names for this (wording unclear). Chief Pomesky stated that it is in the process right now. Mr. Blythe made a comment (wording unclear).
Josh Luke, 5548 Baycrest St. SW, Canton 44706 – Josh stated that when Ben was eventually pulled out of the schools it was approximately in April and added that this job was posted in the department and not a single officer wanted this position other than Officer Barrett. He was the only one that put in a letter. Josh added that Officer Barrett is the only one currently trained except Officer Blanc to be in the schools. Josh stated that we (Police Department) don’t have the staffing levels to pull another officer that is not trained in the school area off of the road right now. Josh added that we have two (2) officers on midnight shift and added that he is working overtime every week. Josh stated that to pull another officer to become trained in the schools is going to hurt us on the road.
Adjournment:
With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 8:41 pm; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Craig Chessler, President Joe Schlegel, Fiscal Officer