Regular Meeting
Perry Township Board of Trustees
Regular Meeting
February 1, 2011 7:00pm
Call to Order/Pledge of Allegiance:
Excused absence: None.
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests: None.
Communications:
Letter to the Board Received from Guy Cecchini Requesting the Township Consider a Resolution to Pass an Ordinance Requiring People to Keep their Sidewalks Cleared of Snow
Trustee Capaldi stated that she received this request via email and she forwarded it to Administrator Fetzer. Trustee Capaldi stated that she is unsure of the Township’s policy on sidewalks and asked Mr. Hall to research this matter further. Mr. Hall stated that he would have to look at the residential property maintenance code because this matter may already be addressed. Mr. Hall stated that he will draft a memorandum to the Board regarding this matter.
Letter to the Road Superintendent Regarding Dangerous Curve at SR 627
Mr. Masalko stated that he received an email regarding the dangerous curve at SR 627 from Ms. Sandy Snyder. This email was forwarded to Mark Griffith, Regional Director of the Ohio Department of Transportation (ODOT). Mr. Griffith forwarded the email on to his superiors. Mr. Masalko stated that ODOT has researched the crash records for the last ten (10) years and their records indicate that there have only been twenty-five (25) crashes (less than 3 per year). There were only seven (7) crashes at the western curve including a fatal which involved alcohol. ODOT stated that the curve at SR 627 does not warrant anything to be done. Mr. Masalko stated that he forwarded the response from ODOT to Trustee Chessler who asked that this matter be placed on the agenda for the record.
Trustee Chessler stated that he received two (2) calls regarding this matter at his home and the residents were under the impression that Perry Township had the responsibility or the ability to do something about it. This matter is an exclusive responsibility of ODOT. Trustee Chessler stated that the response from ODOT was surprising in that they did not feel that there was enough carnage on that stretch of road to merit further consideration to make the curve safer. That is ODOT’s call not Perry Township’s. Trustee Chessler feels that Perry Township has asked the questions that needed to be asked in this matter.
Trustee Capaldi inquired if the Perry Township Police Department should check their records to make sure that ODOT has all the crash reports on record. Chief Pomesky stated that all of the Township’s crash records are submitted to the State so if ODOT checked the crash records it would encompass all of Perry Township’s crashes as well.
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 $189,436.09 for the week ending January 25, 2011 and bills and payroll in the amount of $227,549.53 for the week ending February 1, 2011 for a combined total of $416,985.62; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Fiscal Officer:
Consider Amended Certificate 14 C Federal Training $500.00
Mr. Schlegel asked the Board to consider an amended certificate 14 C Federal Training account in the amount of $500.00. Mr. Schlegel stated that he didn’t put any money in this account or it wasn’t budgeted for. It is hit or miss whether there is money in this account. Mr. Schlegel stated that money has been received so the Board needs to approve an amended certificate for $500.00 so that it can be receipted in and spent.
Trustee Laubacher made a motion that the Board approve an amended certificate 14C Federal Training account in the amount of $500.00; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Trustee Chessler made a motion to approve the minutes from the January 18, 2011 Regular Meeting minutes; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Administration:
Consider Letter to Stark County Commissioners Regarding Proposal for Doctor’s Hospital
Trustee Laubacher stated that he had a meeting with Mr. Gilmore who is the head of the Finance Committee that is trying to get something moving at Doctor’s Hospital. Trustee Laubacher has shared correspondence with the rest of the Board regarding this matter. Currently, there are approximately 144,000 veterans in this area who have to travel to the Cleveland Veteran’s Hospital. Trustee Laubacher stated that he and Mr. Hall drafted a letter to the Stark County Commissioners regarding the proposal for Doctor’s Hospital.
Trustee Chessler stated that he has contacted the Commissioner’s. One (1) Commissioner was unaware of the efforts being made. Commissioner Ferguson was aware of the efforts but he has cautioned that it may be premature to indicate anything in writing. Trustee Chessler stated that the County is not in any position to extend its credit to sponsor bonds or to make loans. Trustee Chessler stated that he thinks everyone agrees with the necessity and propriety of something coming into Doctor’s Hospital and the need to help veterans. Trustee Chessler suggested that the Board hold off on pledging their support until they are clearer on what exactly it is that they are supporting in total. Trustee Capaldi and Trustee Laubacher agreed.
Consider Ratification of the Township Communications Committee
Trustee Chessler stated that the Township Communications Committee met last week and held an organizational meeting. The Committee has mapped out a general approach and is breaking down into teams to assign various tasks to explore all options. The more people participating to complete those tasks the better. Trustee Chessler stated that when the Board formed this Committee there was an expressed interest for a member of the community to be on the Committee. At that time the Board declined. Trustee Chessler stated that after the Committee has constituted they are considering a member who apparently has the appropriate credentials. Trustee Chessler recommended that if a community member is going to be present that also in the absence of a Sergeant that Deputy Chief Carbenia sit on the Committee as he is a valuable source of knowledge.
Trustee Laubacher stated that he has spoken to the suggested community member and has no problem with him or Deputy Chief Carbenia sitting on the Committee. Trustee Capaldi stated that if the Sergeants chose not to participate then she does not feel that it is appropriate to fill that spot with some other rank or management. Anyone is able to attend the meeting. Trustee Capaldi stated that it is unfortunate that the Sergeants took the position that they did. Trustee Chessler stated that he doesn’t see the harm in Deputy Chief Carbenia participating on the Committee as what he brings to the table is not only valuable to the Police Department but for his contributions otherwise. Trustee Capaldi stated that the Board wanted to keep levels even. The Board had someone from management, middle management and staff. Trustee Chessler inquired why this was important. Trustee Capaldi stated that it’s important when you have a room full of people that the staff members not feel intimidated by management. There should be more of a cross section of representation and if the Sergeants aren’t willing to have a seat at the table to voice their opinions then their opinion won’t be heard and that is unfortunate. Trustee Capaldi stated that she feels more comfortable balancing the Committee with Mr. Davies. Trustee Capaldi stated that she doesn’t want someone sitting at the table with too much upper management and have people afraid to speak because of it. Trustee Chessler stated that in being present at the meeting he does not feel that Deputy Chief Carbenia is an intimidating presence and didn’t sense that Officer Cecil had any problem expressing his views. Trustee Capaldi inquired if Trustee Chessler asked the rest of the Committee for their opinion on this matter. Trustee Chessler stated that this matter was not discussed in length with the Committee. Trustee Capaldi stated that it is her understanding that if a segment of the Committee didn’t wish to be represented then they wouldn’t be. Trustee Chessler stated that was never discussed. Trustee Capaldi stated that the Board voted on the position of Sergeant. Trustee Chessler stated that nobody ever said that if the Sergeants or anybody can’t find a volunteer then this is what we do. Trustee Capaldi stated that she is clarifying the discussion. Trustee Chessler stated that Trustee Capaldi can clarify all she wants but that night that question wasn’t answered. The issue that was addressed that night was that no member of the public will sit on the Committee. Trustee Capaldi stated that is fine but the Sergeants seat should also sit vacant.
Chief Martin stated that the members of the Fire Department who sit on the Committee have stated that they would like the opportunity to vote or select the person to fill the Sergeants position if that is the case. Trustee Capaldi stated that she did receive an email from Mr. Matt Gatchell regarding his concerns with Deputy Chief Carbenia being on the Committee.
Trustee Laubacher suggested that the Committee be made up of those it is made up of currently. Deputy Chief Carbenia and Mr. Davies are welcome to come to the meetings but will not be considered members of the Committee.
Consider Contacting Legislators Regarding the Benefits That Estate Tax Provides Our Township
Trustee Laubacher stated that emails have been circulating regarding Legislators cancelling estate taxes. Mr. Schlegel stated that there is currently a house bill pending to eliminate the estate tax. If the house bill passes it will be retroactive to the first of the year. Trustee Capaldi inquired when the house bill will be voted on. Mr. Schlegel stated that he wasn’t sure. Trustee Laubacher stated that Heidi Fought from the Ohio Township Association asked that the Board send a letter of concern. Trustee Capaldi inquired if it should be done sooner rather than later. Administrator Fetzer stated that Ms. Fought thought that within the next week would be a reasonable amount of time.
Trustee Laubacher stated that the Township received $293,046.76 in 2010 from estate taxes. Trustee Laubacher stated that the Board should draft a letter because estate taxes are a great benefit to the Township each year especially with the general fund dwindling down. Trustee Chessler stated that he has a problem with the State taking something away that the Township has come to rely on and not replacing it with anything. Trustee Capaldi stated that she agreed with the fact that the estate tax should be eliminated but the State of Ohio should replace what they have taken. Trustee Capaldi stated that Perry Township supplies its residents with direct services. The State is taking away funds from direct services and redistributing it to God knows what at the State level. They need to reduce the bloated State government and allow the local governments to supply direct services as needed by the constituents.
Mr. Schlegel stated that Perry Township averaged $413,000.00 in estate taxes over the last five (5) years. If the Township would lose estate taxes it would be a crippling blow to the general fund. Mr. Schlegel stated that the State is also looking at cutting local government funds by fifteen (15) to twenty (20) percent. Trustee Capaldi suggested that the Board draft a formal letter to be circulated. Trustee Laubacher and Trustee Chessler agreed.
Fire Department:
Consider the Resignation of Martha Vaughn
Chief Martin asked the Board to accept the resignation of firefighter/ EMT-B Martha Vaughn effective January 20, 2011. Ms. Vaughn joined the Perry Township Fire Department in May 1998 and due to more demands on her personal time she is no longer able to meet the needs of the department.
Trustee Capaldi made a motion that the Board accept the resignation of firefighter/ EMT-B Martha Vaughn effective January 20, 2011; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Signing the Dispatch Contract with CenCom
Mr. Hall stated that on December 9, 2010 he talked with Chief Peterson with some suggested changes specifically to paragraph five (5) regarding liability insurance. Mr. Hall stated that when he received the contract last week he made some revisions and sent it back for Chief Peterson to review. Chief Peterson indicated that he didn’t think the revisions were unduly objectionable but he wanted to run them by his legal council which is not ready for tonight. Mr. Hall suggested that the Board table this matter because the other contract continues on a month to month basis until the terms of a new contract can be negotiated. Mr. Hall stated that he will keep the Board informed of the progress but is hopeful to have the contract in final format by the next regular meeting.
Trustee Chessler stated that last year the Board was presented with very detailed information regarding the evaluation of different options that were out there. This year there are no comparisons. Normally, the Township will shop around for alternatives and that wasn’t done this time. There doesn’t appear to be an attempt to negotiate for better terms. Trustee Capaldi stated that is what the Township Communications Committee is for. Trustee Chessler stated that the Committee is exploring options. Trustee Chessler read from an email received on December 6, 2010 from Matt Gatchell in his capacity as the representative of the Professional Firefighters Association, “we believe that keeping our jobs and our services within our borders provides the most effective, efficient and safe environment.” Trustee Chessler stated that he doesn’t know that the Board has reconciled their position of wanting to keep the jobs and the services here within the Township. There was an out cry when there was a possibility of outsourcing and this is exactly what is being done here. There was no discussion about others that might offer the service, no discussion about negotiating better terms if the Board adopts this agreement and no discussion on the union’s position. Trustee Capaldi stated that Perry Township is in no position to start dispatching fire calls tomorrow and that is the purpose of the Township Communications Committee.
Chief Martin stated that last year the Red Center had indicated that they were not able to take on any new entities and he believes that is still the case this year. Chief Martin stated that after listening to the discussions regarding CanCom he doesn’t believe that they have the professional qualifications that he feels is important for a dispatch service. CanCom does not have EMD trained dispatchers like CenCom does. Chief Martin stated that CenCom is also one of the only dispatch centers in Stark County that is able to track locations by cell phones. The City of Canton does not have that capability. Chief Martin stated that at this time CenCom is able to provide Perry Township with the best services for the money being paid. Trustee Chessler inquired if Chief Martin felt at this time that it was best to outsource fire dispatch to CenCom. Chief Martin stated that at this time in lieu of any other alternative internally the Fire Department should stay with CenCom unless another alternative prevails itself to provide a better/ equal service at a better price. Chief Martin stated that in the SCOG meeting minutes of December 9, 2010 Director Ream stated that although Canton is committed to a county wide concept there is concern about the degradation of an 800 megahertz radio system by a lot of other frequencies to be dispatched from the same consol. Perry Township is a 400 megahertz frequency. Apparently, Director Ream has some concerns in allowing another frequency to come in which may cause some harm to their system. Chief Martin stated that he will check and see if CanCom wants to give a price. Trustee Chessler stated that he believes that issue is being addressed in that there would be a separate means to dispatch other frequencies. Chief Martin stated that he hasn’t been updated but knows that it would take some changes to the memorandums of understanding (MOU) that were drafted and sent out to the communities.
Trustee Laubacher inquired if Mr. Hall would have the CenCom contract ready by the next regular meeting. Mr. Hall stated that he would make all efforts to have it in final form and ready for the Board by the next regular meeting.
Police Department:
Consider Accepting the HVEO Grant Award in the Amount of $10,000.00
Chief Pomesky stated that on December 27, 2010 the Police Department was notified by the Ohio Traffic Safety Office that they were eligible for a $10,000.00 add-on grant for High Visibility Enforcement Overtime (HVEO). The grant was applied for and received. The grant dollars will be used for the purchase of audio/video equipment within the cruisers. As part of the process of applying for the grant the Police Department had to send specifications of the units to Columbus for approval. Chief Pomesky stated that the specifications were for two (2) Watch Guard units which cost $9,990.00. Chief Pomesky asked the Board to accept the HVEO grant award in the amount of $10,000.00 and approve the purchase of the audio/video equipment. This will be at no cost to the Township and is a significant savings to the Police Department.
Trustee Laubacher made a motion that the Board accept the HVEO grant award in the amount of $10,000.00 in order to purchase in car cameras; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Trustee Capaldi made a motion that the Board approve the purchase of digital in car videos from Watch Guard in the amount not to exceed $9,990.00; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider 1.25 Mill Renewal Levy
Mr. Hall stated that the Police Department has a 1.25 mill renewal levy that expired last year. The funds will be collected this year. This is the first opportunity for the Board to put the 1.25 mill levy on the May ballot as a renewal (no new taxes).
Trustee Laubacher made a motion that the Board of Trustees ask the Board of Elections put on the May ballot the 1.25 mill Police Department renewal levy; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Road Department:
Consider Yield Sign Erection Resolution
Mr. Masalko stated that he has come to realize that there needs to be a yield sign at the intersection of Pinewood Ave. SW and Harsh St. SW. Mr. Masalko stated that he has checked with Mr. Hall who indicated that it does meet the criteria of the Ohio Uniform Traffic Control Device Manual. Mr. Masalko asked the Board to consider the erection of a yield sign on Harsh Ave. SW.
Trustee Chessler made a motion that the Board authorize the Road Superintendent to place a yield sign according to the Ohio Uniform Traffic Control Device Manual at the intersection of Pinewood Ave. SW and Harsh St. SW at the southwest corner; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Permission to Apply for the TID Grant Genoa Ave./ 13th St. Intersection
Mr. Masalko asked the Board to authorize him to move forward with applying for the TID Grant for the intersection of Genoa Ave. SW and 13th St. SW. The grant is due February 10, 2011. Mr. Masalko stated that the goal is to slow down the traffic on Genoa Ave. SW by signaling. Trustee Capaldi stated that the letter from the Stark County Engineer’s Office stated that a signal was not warranted. Trustee Laubacher clarified that they were referring to a traffic light at 13th St. SW and Genoa Ave. SW. Mr. Masalko stated that the grant is to obtain school signals. Trustee Capaldi stated that she understood.
Trustee Chessler made a motion that the Board authorize the Road Superintendent to take the steps necessary to apply for the TID grant for the Genoa Ave. SW and 13th St. SW intersection based upon the agreements between the Township, Schools and the Stark County Engineer’s Office; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider Accepting Road Material Bids
Mr. Hall stated that the Board received several material bids and in the past years the Board has traditionally accepted all of them to give the Road Superintendent flexibility to buy and choose based upon where the Road Department is working in the Township and who has the greatest volume of material needed at that time. Mr. Hall stated that a standard contract was prepared to lock in all of the prices for one (1) year. Mr. Hall and Mr. Masalko recommended that the Board accept all of the material bids as received.
Trustee Capaldi made a motion that the Board accept all road material bids as received and quoted; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Consider 2 Mill Replacement/ Renewal on May 3, 2011
Mr. Hall stated that as the Board is aware the Road 2.00 mill levy expired last year. The funds will still be received this year. There is a request for a five (5) year extension at 2.00 mills. The Stark County Auditor submitted calculations to the Board as a renewal and a replacement. Tomorrow is the deadline to file a levy with the Board of Elections. Trustee Chessler inquired if this levy was held off until November if there would be an interruption in funding. Mr. Hall stated that as long as it passes in November there would not be an interruption in funds. If it fails in November then there would be a loss of $646,000.00 in 2012.
Trustee Laubacher stated that he would like his fellow Trustees to consider a replacement levy. Currently, the Road Department doesn’t have enough funding to pave the roads. If the Board was to go with a replacement levy it would double the Road Department’s amount of money that could be used to pave the roads. Mr. Masalko stated that right now the Road Department can only afford to pave seven (7) miles of road per year. Trustee Laubacher stated that a replacement levy would allow the Road Department to pave fifteen (15) to seventeen (17) miles of road per year. A replacement levy would cost the individual homeowner of a $100,000.00 home an additional $2.69 per month or $510.00 per year.
Trustee Capaldi made a motion that the Board consider a 2.00 mill renewal levy on the May 3rd ballot; Seconded by Trustee Chessler.
Trustee Capaldi stated that at this time she doesn’t feel that the Board can ask the taxpayers to pay an additional $2.69 per month and that a renewal levy is the best way to go. Trustee Laubacher stated that he wanted to consider a replacement levy because one of the problems taking place is that the State has taken personal property taxes out of the Road Department’s budget. Trustee Capaldi stated that the residents would be picking up the burden that the personal property taxes use to. Trustee Laubacher stated that was correct. Trustee Capaldi stated that the State Legislators are changing the tax system in Ohio and she foresees real estate taxes going up in the future. Trustee Capaldi stated that right now is not the time to restructure for that. Trustee Chessler agreed that this is no time for a tax increase. Trustee Chessler stated that he has expressed concerns regarding the condition of the Road Department’s budget and doesn’t feel it is in the best position to even ask for a renewal levy at this time. Mr. Hall suggested that based on the budget conditions of the Road Department that if the fact finder does not give significant financial concession from the union to management that the Board will have no recourse other than to reject the fact finding and to force this matter to the next level. This is not a conciliation situation. It is very difficult and it pushes the Board of Trustees as the employer, Mr. Masalko as the Superintendent and the Union into a new ground where the Township has never been before. Mr. Hall stated that he agrees with what the Board is saying this evening. Mr. Hall stated that Mr. Schlegel will be one of his key witnesses on Friday regarding the dire situation with the budget within the Road Department. The union must make reasonable but significant concessions. Mr. Hall stated that if there is anything less than a significant change in some of the compensation and benefits packages the Board is going to be faced with some very difficult decisions. Trustee Chessler stated that he feels more comfortable going to the voters after the Board has negotiated successfully those provisions into a contract and asking for a renewal in November. Trustee Capaldi stated that the concessions would allow the Board to pave more realistically towards the millage of the replacement. Either way the Road Department budget is behind. The Road Department would be less behind if the Board could get some concession. The Road Department will not be able to pave any roads without at least a renewal.
Trustee Chessler inquired how Mr. Hall is going to approach the fact finding on Friday if the Board doesn’t put anything on the ballot for May. Mr. Hall stated that he is going to explain to the fact finder that the Board is trying to do everything possible to maintain the financial status quo with a renewal. But even with the reaffirmation of the financial status quo with the loss of other funds (personal property tax, etc) there is still going to be a slippery slope of lesser funds. Mr. Hall stated that going into fact finding with a renewal on the ballot provides a stronger bargaining and negotiating position. Mr. Schlegel stated that this levy has never been used for payroll purposes. Trustee Chessler stated that there is no legal impediment for someone ordering that to be done. The mediator or the arbitrator could say that the Township is generating this much money and it has never been used to pay costs before but a two (2) or four (4) percent raise is appropriate so now you can use that money for it. Trustee Chessler stated that the Township would then become legally compelled to do that. Mr. Hall stated that would result in rejecting the fact finders position and pushing this into a new area that the Board has never been.
Trustee Laubacher verified that the renewal on the May ballot would assist Mr. Hall during fact finding negotiations. Mr. Hall stated that he wouldn’t phrase it that way. The approval of a renewal for the May ballot sends a signal that even with a renewal there is going to be a very significant need to tighten the belt and cut further into the bone of the budget of the Road Department. Trustee Chessler inquired if it would tell the story and be made part of the record that the Board voted against a replacement levy but then voted on a renewal levy. Mr. Hall stated that it would convey to the union, fact finder and the public that the Board is trying to be solid stewards on providing the necessary services with the limited funds that the Road Department has.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, no. Miss Capaldi, yes.
Park/ Recycling:
Consider Emergency Repair for Recycling Truck
Administrator Fetzer stated that Mr. Shreffler, Park/ Recycling Superintendent submitted a document to the Board regarding emergency repair for the recycling roll off truck. Mr. Dale Lake, Head Mechanic at the Road Department has taken the truck to Young Truck Sales and they were able to resolve the fact that the EGR valve was not responding and it had to be replaced which cost $413.00. Parts, labor and the actuator flap cost $132.00. The total for the emergency repair was $1,063.87.
Trustee Laubacher made a motion that the Board approve payment to Young Truck Sales in the amount of $1,063.87 for the repairs to the tandem roll off truck for the Recycle Center; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Law Director:
Consider Authorization to Finalize Patrolman and Sergeant Collective Bargaining Agreement
Mr. Hall stated that there has been some confusion between Attorney Robert Tscholl and FOP Union Representative Charlie Wilson as to who was to write and finalize the Patrolman and Sergeants Contract. Mr. Hall suggested that the Board authorize Attorney Tscholl to finalize the union contract and submit to the Township as quickly as possible.
Trustee Capaldi inquired how much more this would cost the Township. Mr. Hall stated that he did not know but it should not be very expensive because the work is done. It is just a matter of making the modifications and amendments among the existing document. Trustee Capaldi stated that it should not cost anything because it should already be there. Mr. Hall stated that Attorney Tscholl is on an hourly rate. Trustee Capaldi inquired if the Township could type it up. Mr. Hall stated that if the cost is an over whelming concern to the Board then he would prepare the contract and have it ready for the Board to review based upon the conciliation. Trustee Capaldi stated that she is concerned with paying Attorney Tscholl anything more. Mr. Hall stated that he understands the concern but Attorney Tscholl did get a good result from the conciliation. Trustee Capaldi stated that with that being said the Township shouldn’t pay an attorney’s rate to type a document. Mr. Hall stated that it is more than just typing. It is making sure that it is correct. Trustee Capaldi stated that she is flabbergasted that there is a contract that is not complete and not typed. Trustee Capaldi inquired if the typed contract will come back to the Board. Mr. Hall stated that the contract will come back to the union for approval and signature and then to the Board for approval and signature. Trustee Laubacher inquired if Mr. Hall could finalize the contract. Mr. Hall stated that he can finalize the contract if that is what the Board directs. Trustee Capaldi stated that she would only allow Attorney Tscholl to finalize the contract if it is at a cost not to exceed $100.00. Trustee Chessler stated that he did not care one way or the other. Trustee Laubacher stated that he would like to have this done as soon as possible but if it is going to cost more than $100.00 then Mr. Hall should finalize the contract instead of Attorney Tscholl. Mr. Hall stated that he will convey with Attorney Tscholl.
Consider Reaffirming Filing of Declaratory Judgment Law Suit Against FOP
Mr. Hall stated that as the Board is aware he has exercised his statutory authority under 504.10 by initiating a law suit in the courts to declare the Board’s rights relative to the creation and fulfillment of the Deputy Chief position. Mr. Hall asked the Board to indicate formally on the minutes that they agreed and authorized him to continue with the declaratory judgment lawsuit.
Trustee Chessler made a motion that the Board affirm the acts of the Law Director in filing a declaratory judgment suit in Stark County Common Pleas Court to declare the Board’s rights and responsibilities with regard to the creation of the Deputy Chief position within the Police Department; Seconded by Trustee Laubacher.
Trustee Chessler stated that today there was a letter to the editor in the Canton Repository written by a Perry Township resident with whom he had the opportunity to speak with. The resident stated that his factual basis for his opinion was based solely on what he has read in the newspapers. Trustee Chessler stated that he would like to put on the record the facts that are important to him and to the resident who wrote the letter to the editor. The proposal to create the position of Deputy Chief was one that was done only after both Sergeants who were with the Perry Township Police Department had declined to compete for. The other two (2) spots that were on the books were not filled at that time. The only two (2) people that would be eligible pursuant to the terms of the contract had declined therefore making it a futile act to consider the Sergeants. Only after that did the Board proceed with the creation of the job and the filling of the job as they did. It was part of the criticism that the Board bypassed what he thought was contractual obligations which they were not. Trustee Chessler stated that he would like this in the record for any other people that may have followed that line of thinking that the Board circumvented their obligations. Trustee Capaldi stated and confirmed for the record that this does not cost the taxpayers of Perry Township any money because the Law Director works on a flat fee. Mr. Hall stated that was correct. Trustee Capaldi stated that had the Board gone into arbitration it would have cost the taxpayers money. Mr. Hall stated that was correct. Trustee Chessler stated that there were comments of a critical nature regarding Deputy Chief Carbenia’s experience and noted that he has a master’s degree in public administration, a license to practice law in the State of Ohio and has eleven (11) years of experience. These were all items that the Board considered when looking at the recommendation from Chief Pomesky to fill that position.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Zoning: None.
Executive Session(s): None.
Department Matters Not Requiring Board Action:
Administration:
Submitted 2011 ODNR Grant Application for Summerdale Park
Administrator Fetzer stated that today she submitted the 2011 ODNR grant application for Summerdale Park. Documentation was submitted to the Board for their review. The Board thanked Administrator Fetzer for her efforts.
Fire Department: None.
Parks/Recycling: None.
Police Department: None.
Road Department: None.
Zoning: None.
Law Director: None.
Announcements: None.
Public Speaks-Open Forum: None.
Adjournment:
With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 8:26 pm; Seconded by Trustee Capaldi.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Miss Capaldi, yes.
Lee C. Laubacher, President
Joe Schlegel, Fiscal Officer