Regular Meeting
Perry Township Board of Trustees
Regular Meeting
February 19, 2013 7:00pm
Call to Order/ Pledge of Allegiance:
Excused absence: Chief Martin- Attending the National Fire Academy
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests: None.
Communications: None.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business: None.
New Business:
Trustee Haines made a motion to approve bills in the amount of $32,062.73 for the week ending February 19, 2013; Seconded by Trustee Chessler.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fiscal Officer:
Trustee Laubacher made a motion to accept the minutes of the February 12, 2013 Work Session; Seconded by Trustee Chessler.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Administration:
Consider Request of Barbara St. Jean, Owner of Maid Plus to Discontinue Services DBA Maids Plus and Authorize to Continue Services Privately at the Current Rate
Administrator Fetzer stated that the Board currently employs Maids Plus to conduct weekly cleaning services at the Township Administration and Fire Administration offices. The cost is $25.00 per hour. It usually takes one (1) hour per week to clean. The Board received notice on February 6, 2013 from Barbara St. Jean (owner) that she will no longer be doing business as Maids Plus but she will continue doing business privately. The billing procedure will remain the same as it has been in the past. Administrator Fetzer stated that the Township has been content with their services. Previously, the Board did their due diligence about a year and a half ago in obtaining three (3) quotes for cleaning services and Maid’s Plus was by far the lowest. Trustee Laubacher inquired if the Board needed to make a motion to approve this request. Administrator Fetzer stated that was correct. Trustee Haines inquired if Ms. St. Jean will still carry the same insurance. Administrator Fetzer stated that the Township has never had a contract with Maid’s Plus and that their services are on a monthly basis.
Trustee Chessler made a motion that the Board acknowledge the correspondence from Maid’s Plus that they are going out of business and also acknowledge the request from Barbara St. Jean to continue services for the Township buildings in the same manner, the same price and other terms to continue on a month to month basis; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fire Department:
Consider Resignation of Zachary Hart
Deputy Chief Abbott requested that the Board consider the resignation of Zachary Hart, firefighter/EMT. Mr. Hart was a probationary firefighter but doesn’t have the time right now.
Trustee Chessler made a motion that the Board accept the resignation of Zachary Hart effective February 19, 2013; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Request from Ryan Shanower
Deputy Chief Abbott stated that Mr. Shanower’s grandfather passed away. Mr. Shanower’s grandfather was an Assistant Chief at Station #2 for about forty (40) years. Mr. Shanower is requesting that a recognition plaque be placed on engine #21 for Harland Joe Shanower. Trustee Laubacher stated that Mr. Shanower’s letter indicated that previously there was a recognition plaque for Chet Kiehl. Deputy Chief Abbott stated that Mr. Kiehl’s name was on squad #25 and they have done this for a few others in the past. Trustee Haines stated that this has been done twice in the past and inquired how this is regulated. Deputy Chief Abbott stated that there is no regulation. It was done in the past for James Sanderson who was the Township Chief and Dan Conkle when he was an Assistant Chief. Trustee Haines inquired if the plaques were removed when the equipment is retired. Deputy Chief Abbott stated that the plaques are removed and are retired when the employees leave. Trustee Haines inquired if Deputy Chief Abbott discussed this with Chief Martin. Deputy Chief Abbott stated that he doesn’t have a problem with it and is leaving it up to the Board.
Trustee Laubacher made a motion that the Board honor the request of Ryan Shanower to place a plaque on engine #21 in remembrance of Harland Joe Shanower with the plaque to be no larger than 7”x9” and to be removed when the vehicle is taken out of service; Seconded by Trustee Chessler.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Police Department: None.
Road Department:
Consider Approval of Casual Employee Marc T. Martinet
Mr. Masalko stated that Mr. Martinet applied in December 2012. Since then, several casual employees have resigned their positions with the Road Department. The Road Department could use one (1) more casual employee. Mr. Martinet works for the Stark County Sanity Sewer Engineers and is familiar with some of the Road Department’s equipment and has plowing experience. Mr. Masalko stated that he conducted a background and driver’s license check which came back clean. Mr. Masalko recommended that the Board approve the hiring of Marc Martinet as a casual employee with the Road Department.
Trustee Chessler made a motion that the Board approve the hire of Marc T. Martinet as a casual employee with the Road Department effective immediately; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Law Director:
Recommend Police Sergeants Contract to Proceed to Conciliation/ Sergeant Berkey- Deputy Chief Grievance Award
Mr. Hall stated that he has verbal statements from the FOP that the dispatchers and patrolman/detectives contracts have been met with approval. Mr. Hall stated that he does not yet have the written documents signed by the unions to present to the Board but hopes to have them by the first meeting in March. The only issue with the Sergeants contract is regarding the promotional language. It has been subject to intent and interpretation. The union is taking one interpretation and management has always taken a different interpretation. That matter has been submitted to arbitration. Mr. Hall stated that they have proposed to re-write the language so that it is clear. The union is insisting on the current contract language. Mr. Hall stated that he had a discussion with Mr. Wilson ten (10) days ago who has agreed to bypass fact finding and submit the matter to conciliation. Mr. Hall explained that during conciliation management presents its side and argument, union presents its side and argument and the conciliator chooses one or the other. There is no mediation. It is a win all or lose all proposition and it’s only on that one (1) article. That was the agreement reached last week. Mr. Hall stated that unless there is an objection he would like to move forward to conciliation with the Sergeants collective bargaining agreement.
Trustee Chessler inquired if this issue is impacted by the arbitration award. Mr. Hall stated that it should be. The Board received an email this morning regarding the arbitrator’s award from Arbitrator Margaret Nancy Johnson. Mr. Hall explained that Sergeant Berkey had challenged the appointment of Deputy Chief Carbenia to the position of Deputy Chief claiming that the Township should have gone through the testing process. The Police Department management and the Board’s official argument in response to that was that if there were no applicants and none of the three (3) Sergeants eligible to take the test wanted to take the test then it would be a waste of time and money to go through the testing procedure. In essence, Arbitrator Johnson has agreed with the Township and said that it was a waste of time and money to offer a test if there were no applicants and anyone interested in taking the test. Arbitrator Johnson further ruled that she has no jurisdiction to tell this Board what positions to create or to whom should be appointed to those positions. Therefore, the grievance was denied. Mr. Hall stated that he sent the ruling to the Board by email upon receipt this morning and he is very pleased for Deputy Chief Carbenia and his family as well as Chief Pomesky. This is an important issue and it has taken three (3) years to come to this conclusion. Mr. Hall stated that he is hopeful that with this guidance, interpretation and instruction that Arbitrator Johnson has given that they could avoid conciliation but suggested that the Board continue to move forward until some concessions are given from the union. Trustee Haines inquired if there could be any more appeals. Mr. Hall stated that this is final and binding. Trustee Chessler inquired if there is a Common Pleas appeal route if the union would challenge the ruling. Mr. Hall stated that there is. Under the statute the union could try and challenge this to the Common Pleas Court. The case law is pretty clear that once it is final and binding unless it is illegal, arbitrary or capricious it can not be overturned. It is a very well reasoned and explained rationale by the Arbitrator. Trustee Chessler verified that the time limit with which to bring such an appeal is thirty (30) days. Mr. Hall confirmed thirty (30) days is correct.
Trustee Chessler inquired how this decision impacts the one (1) remaining issue that Mr. Hall was previously describing with the Sergeants after the thirty (30) days and the decision is final and un-appealable. Mr. Hall stated that as Arbitrator Johnson says the language in her opinion is fairly clear and it should be addressed in arbitration so that the language correctly and accurately expresses the intent of both parties. Mr. Hall stated they are proposing that the language be clarified. The union was waiting for this decision and was taking the position of current contract language. Mr. Hall stated that now that they have the decision he is hoping they are able to resolve it but if not his recommendation is to take it to conciliation.
Zoning: None.
Parks/Recycling: None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department:
December 2012 Statistics
Road Department: None.
Zoning: None.
Law Director: None.
Upcoming Events:
A. Perry Township Business Exchange Meeting- Tuesday, February 26, 2013 from 7:30am at the Township Hall. Guest speaker: Michael Gallina- Director of Outreach and Organizational Development for AultCare Health Network
Public Speaks-Open Forum:
Tim Blythe- 2956 Bridgeton Street NW, Massillon, 44646. Mr. Blythe stated that the Board should require Maid’s Plus to carry some kind of liability insurance since they are working in/on Township grounds. There is potential to do a lot of damage. Mr. Hall stated that he’ll have to go back and review the Maid’s Plus agreement. Administrator Fetzer stated that there is no agreement. Mr. Hall stated that Worker’s Compensation was always a big concern. Mr. Hall stated that Mr. Blythe does raise a good issue and the Board should look into it more specifically. Trustee Haines stated that as a business she should have carried and insurance and Worker’s Compensation. Mr. Hall stated that he doesn’t know what format she is working under now whether its “solo practitioner, sole employee or sole proprietor.” She may not have those things but the Board should look into it and make sure that those things are in place. Mr. Hall stated that he and Administrator Fetzer will coordinate this together. Mr. Schlegel stated that when Norma use to clean for the Township she didn’t have those things but the Board looked into it and it was covered under the Township. Mr. Hall stated that he will have to go back and look into it and inquired if Norma was considered part-time. Administrator Fetzer stated that was correct. Trustee Chessler stated that as an independent contractor they have an obligation to their employees. Mr. Blythe stated she should have a certificate of insurance, Worker’s Compensation or whatever and you don’t get paid until those things are met. If your Worker’s Compensation is up in July and they do work in July they have to have a renewed certification in order to receive July’s payment. Mr. Hall stated that Norma was a part-time employee so it automatically fell under the Township’s coverage and they will see if they have that available.
Executive Session(s):
Trustee Haines made a motion that the Board adjourn into an Executive Session pursuant to ORC 121.22 (G) (1) to consider employee promotion to include the Board, Fiscal Officer and Law Director with possible action to be taken; Seconded by Trustee Chessler.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
The Board adjourned into Executive Session at: 7:19pm
The Board adjourned from Executive Session at: 8:05pm
Trustee Chessler made a motion that the Board adopt a revised job description for the position of Administrative Assistant in the Administrative Offices; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Trustee Haines made a motion that the Board hire Kathleen Oprisch as an Administrative Assistant not to exceed 1,500 hours per year at a rate of $11.00 per hour effective Wednesday, February 20, 2013; Seconded by Trustee Chessler.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Adjournment:
With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 8:08pm; Seconded by Trustee Chessler.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Doug Haines, President Joe Schlegel, Fiscal Officer