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.
Perry Township Board of Trustees
Regular Meeting
October 7, 2014 7:00 pm
Call to Order/ Pledge of Allegiance:
Excused absence: Road and Park Superintendent, John Masalko-on vacation ~ Assistant Road and Park Superintendent Chris Young here in his absence; Zoning Inspector, Scott Weckbacher-on vacation
Additions/Deletions to Agenda:
Public Hearings/Invited Guests:
Police Levy Question and Answer Session
Police Chief Pomesky stated that earlier this year he had asked the Board for consideration of placing a 3.49 mills levy on the November ballot. Chief Pomesky stated: this is being done to address the funding gap in the Police budget starting in 2015. As part of the plan this would eliminate the 1.25 mills levy and the .50 mills levy that we currently have forming our general operating budget. This will reduce us down to two (2) operating levies every five (5) years that will have to be renewed as a police department. It will be a better plan for our agency. These two (2) levies have been combined to be our general operating budget to cover all expenses: the utilities at the department, the replacement of cruisers, maintaining our existing staff and to look at some additions. Also, to provide current and additional services to the Township in the future. Chief Pomesky further remarked that they have also explored the possibility of bringing back a K-9 unit and some other things, but this would not be possible without additional monies.
Chief Pomesky stated that he would like to open up the floor to the community to hear some questions and concerns in regard to the levy.
Tim Blythe – made reference to recent emails to Chief Pomesky in regard to the upcoming levy wherein he stated that there is a $450,000 shortfall in the budget for 2015. Mr. Blythe inquired if the levy would pass in November, would that money be collected in 2015.
Fiscal Officer Schlegel stated that this money would be collected this year and received in 2015. Law Director Hall stated that the ballot language commences in 2014 and is first received in 2015.
Mr. Blythe inquired what the $450,000 shortfall is as well as inquiring if the police department will need 3.1 mills to run the department in 2015.
Fiscal Officer Schlegel stated what has kept the police department afloat over the years was the carry over. Mr. Schlegel stated that this carry over is pretty well done and a shortage in an approximate deficit amount of $125,000 is expected this year. Mr. Schlegel stated that closer to the end of the year, he will come to the Board of Trustees to request an advance from the General Fund. Once the levy passes, these monies will go back to the General Fund. Mr. Schlegel stated that if you look at what the Police Department’s mill-ages bring in now and what has been projected for 2015, he is projecting 3 million compared to approximately $200,000,600.
Mr. Blythe inquired if at that point there would be a carry over. Mr. Schlegel stated that was correct. Mr. Blythe also stated that he thought what the people want to know is what they are paying for, what services are going to be provided in addition to what we have now if the levy should pass. And if the levy fails, what services will be lost. Mr. Blythe stated that he thought it has been a very broad, general answer, if any. Mr. Blythe inquired: are we going to have more officers, are we going to have a K-9 unit, what exactly are we going to get with that money.
Trustee Haines stated that as was just discussed, the Police Department will have over a one hundred thousand dollar deficit this year and while there will be a carry over next year, that carry over will continue to diminish. Trustee Haines briefly explained that there are possibilities, for example, bringing a K-9 unit back into service, but being reluctant to name specific items in the event that the public would feel that there were broken promises if these specific items do not happen.
Mr. Blythe stated then if that is specified, he would be glad to support this levy. If the answer is that we need to have a larger carry over so we can move forward with more of a cushion, then that is what he is looking for, instead of just the wording of improving services.
Trustee Haines stated that there have been things that have been put on the back burner this year because of the deficit. Chief Pomesky had requested a new cruiser for this year, but it could not happen. Trustee Haines stated that we are not as behind as other area municipalities in regard to replacing our equipment and cruisers, but if this levy would not pass, then this will compound the deficit issue even more.
Mr. Blythe inquired how the budget can be approved knowing we are going to have a deficit.
Mr. Schlegel stated that when putting this budget together for 2014 and in discussion with the Trustees and Police Chief Pomesky, it was known that it would be very close. As we are now in the month of October, it is clear that there will be a deficit. At the beginning of 2014 when these budgets were completed, there was a 50/50 chance of going either way, being right in line with the budget or being in deficit.
Trustee Laubacher stated that in regard to expenses, overtime for the Police Officers cannot be determined ahead.
Mr. Blythe stated that there should be a trend of overtime expenditures that can be determined. Chief Pomesky stated that overtime is not predictable. Depending on the nature of the year, it is not always possible to determine this. Chief Pomesky also referred to the email exchange with Mr. Blythe in regard to the staffing. Chief stated that he had responded by saying that he would place an emphasis on enhancing the staffing within the department. What that landscape is going to look like has yet to be defined. There are some hidden costs as well; by enhancing the staffing, the infrastructure has to be accommodated as well as the computer units, the vehicles, etc.
Law Director Hall stated that Mr. Schlegel is the Fiscal Officer and is a very good fiscal planner as well. Mr. Hall further stated that if you look at the budget report Mr. Schlegel presents to the Board each year, it does factor in inflation and cost increases, but in 2014 the three (3) big drivers were health care costs, higher than originally anticipated, overtime, and miscellaneous expenses, all higher than what was originally projected.
Mr. Blythe stated that he understands that there are unforeseen expenses, but acknowledged that it is hard to grasp that there is a $450,000 difference in the course of one (1) year.
Trustee Haines explained that with a $125,000 deficit as in this case for 2014, each year the carryover diminishes.
Fiscal Officer Schlegel also briefly explained that the carryover can either get built up over each year or decrease.
Mr. Blythe inquired how we can afford to fund out of the General Fund to loan money to the Police Department when in that fund, as we understand it, there is not enough money to be able to do the things that we want to do with parks, etc. yet we are going to use the General Fund to fund a portion of the Police Department for 2014 and possibly to do a renovation for the Summerdale Project.
Trustee Haines explained that if this levy does not pass, that money from the General Fund cannot be loaned, we will have to make other cuts immediately. We would only be able to use the General Fund monies to loan if the levy passes.
Mr. Blythe inquired if the Police Levy should fail, what cuts would we see, less officers, less administration, the detective bureau. Mr. Blythe stated that the Board would at least have to have this information in mind because we are only one (1) month away from this possibly happening. Some type of plan would have to be in place should this levy not pass.
Mr. Schlegel stated that there will be lay offs, there would be no other way around it.
Mr. Blythe inquired where we would see these layoffs. Trustee Haines stated at the Police Department.
Mr. Schlegel stated that we had received over $400,000 from estate taxes in the last year to help in the General Fund. Mr. Schlegel added will we be able to do this another year, maybe not.
Carolyn Dick, 2625 Barnstone Ave. SW, Canton, OH 44706 – Carolyn stated that she has chaired the Perry Police levies since 2006 and that was the first time that we had an addition. Carolyn stated that she was thankful our community supports the Perry Police. Carolyn also stated that she is among a committee that is working very hard to make sure this levy will pass. If there is someone who has a question about the levy and it cannot be answered directly, please give them the Police Chief’s number and he will answer their question(s) individually. All committee members are out there working hard and maintaining a positive attitude and stated that we will pass this levy like we have passed all the others since 2006.
Trustee Chessler stated that he felt we were hitting on all the important parts this evening in regard to what we are going to do with the levy funds, the amount we are taking and the most important thing for the voters to know is that we are doing something now that we have waited for a decade to do: consolidating smaller levies that are now down to two (2) that will come due every five (5) years. This will allow better planning for us to take that money coming in for five (5) years and carry out capital needs. Trustee Chessler stated that it is his hope that the message to the public is that it is equally important that we are not only trying to get more funding, but that it will be stability over a five (5) year period that will help the Police Department.
Communications:
Accept Hydraulic Rescue Tool Bid(s) 7:00 pm
Fiscal Officer Schlegel stated that they received one (1) bid from Kowell Rescue Systems in the amount of $69,144.
Trustee Chessler inquired of Fire Chief Martin if this bid amount was in the ball park that he had anticipated. Chief Martin stated that it was and further explained that the grant was in the amount of $69,000 and the Federal Government grant was in the amount of $62,000.
Trustee Chessler made a motion that pending the review and approval of the Law Director and Fire Chief the item posted to bid meets the specifications to their satisfaction and that we authorize the bid to be accepted and look forward to the purchase based on the bid receipt; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Acknowledge Alternate Position for Perry Township Appeals – Letter Submitted by Karen M. Ramos
Acknowledge Alternate Position for Zoning Appeals Board – Letter Submitted by Scott I. Marino
Trustee Laubacher stated that there are two (2) letters submitted, each with the request to be considered for the alternate position of the Zoning Appeals Board. There are two (2) openings, one in the Zoning Appeals Board and the other in the Zoning Commission.
Trustee Chessler stated that he would suggest that the Board invite these individuals to meet at some time before the next scheduled Regular Meeting and meet in Executive Session, proposed times: 6:30 pm and 6:45 pm, to discuss their interests and to relay to them a better understanding of what these positions entail.
Trustee Laubacher relayed this request to Administrator Fetzer regarding setting up these meeting times with the candidates for the Zoning Appeals Board alternate positions.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business: None.
New Business:
Consider Timken Steel Heat Treat Enterprise Zone Application
Law Director Hall stated that the Perry Township Tax Incentive Review Committee met several weeks ago upon application by Timken Steel Saving Tax Abatement. Mr. Hall added that the Perry Local Schools were involved with that and the Superintendent sat in on all of these meetings wherein we have received consent from the schools to a waiver of the fourteen (14) day time period so this matter is right for consideration. Mr. Hall stated that representatives from Timken Steel are here this evening as well as a representative from the Stark Development Board. Mr. Hall stated that he will ask them to briefly outline what their tax abatement request is. Mr. Hall stated to the Board that it is the recommendation of the Tax Incentive Review Committee to approve this tax abatement request. Assuming that the Board does approve this, there will be four (4) copies of the contract and application to be signed and then that will have to be hand carried to the Board of Commissioners tomorrow. Law Director Hall stated that he would accept the responsibility of hand delivering this to the Board of Commissioners.
Trustee Chessler inquired of Mr. Hall if based on the scope and extent of the abatement’s request, would the school board’s approval be required. Mr. Hall stated that the school board’s approval is not required but they have passed a resolution, correspondence from them on file, with their consent.
Jason Neal, Timken Steel Tax Department – Mr. Neal explained that the project is approximately a 42 Million Dollar Continuous Heat Treatment Facility which will increase their production by 50 million tons and will help them meet their demands more efficiently. Mr. Neal stated that as Mr. Hall had mentioned, he had hand delivered the contract to the Perry Local School Board and they agreed to waive the fourteen (14) day time period. Mr. Neal thanked the Trustees for allowing them to be here this evening. Mr. Neal stated that there is a 60%, over a ten year period, tax abatement and there will be approximately $700,000 to $800,000 in new tax money over the period.
Mr. Hall stated that per the received correspondence, this ensures that this facility will be built in Perry Township, Stark County because Timken Steel was also considering an alternate location in Texas. Mr. Hall added that this project will generate a projection of thirteen (13) new fulltime jobs with an estimated payroll of $800,000.
Ryan Singer, Vice President of Governmental Affairs for Timken Steel – Mr. Singer stated that he has letters from Jobs Ohio that have offered to kick in a $100,000 Work Force Grant for training these employees.
Mr. Hall stated that this will open up new jobs and new trainees from this area. Mr. Hall added that upon this basis, the Tax Incentive Review Committee recommends that the Board would approve this tax abatement request. Assuming the Board accepts this recommendation, this next would go to the County Commissioners, there will be a public hearing, and again assuming this will be approved by the County Commissioners, this will then go to the Ohio Department of Development.
Trustee Laubacher explained that the proposed heat treatment facility would be built west of the present Timken plant in Perry Township and requested Mr. Neal to briefly explain the new building details.
Mr. Neal explained that they have a preliminary design layout that is being considered for either a Texas location which is closer to the customer, or this Perry Township location which is closer to the current manufacturing Timken Steel plant. Mr. Neal briefly explained the site range as well as the construction costs.
Trustee Laubacher thanked the representatives from Timken Steel for being here this evening as well as touching upon the fact that this project and facility would be providing jobs within Perry Township and improving the economy in Stark County as well.
Trustee Chessler stated that as a refresher course, the last time the Township entertained a request such as this, the law was different. Law Director Hall verified that at this time, personal property tax has faded away. Trustee Chessler confirmed that this request was for real property that is on a ten year period that commences in 2015. Law Director Hall stated that was correct.
Mr. Neal stated that construction should begin toward the end of 2014.
Trustee Chessler made a motion that the Board of Trustees approve the Enterprise Zone Agreements by the Timken Company; seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Law Director Hall inquired of Mr. Neal if he had signed contracts from Timken Steel. Mr. Neal indicated that they were with Jeff Bartholomew. Mr. Hall stated that he would retrieve those and have them signed. Mr. Neal indicated that if needed them, he could get them the first thing in the morning. Mr. Hall inquired if Trustee Laubacher, as Board President, would be available tomorrow morning to sign the contract per the County Commissioners’ agenda later in the afternoon at 1:30 pm. Mr. Laubacher stated that he would be available.
Mr. Hall stated that for the record, under the statutes, when an Enterprise Zone Application is submitted and first approved, there is a payment from the applicant to the State of Ohio for $750.00 which he indicated that he would make sure gets passed along appropriately.
Trustee Laubacher made a motion to approve bills and payroll in the amount of $292,739.66 for the week ending September 23, 2014 and bills in the amount of $43,370.43 for the week ending September 30, 2014 and bills and payroll in the amount of $138,133.27 for week ending October 7, 2014 for a combined total of $474,243.36; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Fiscal Officer:
Consider Accepting Meeting Minutes from 09/02/14 and 09/16/14
Trustee Laubacher made a motion to accept the minutes of the September 2, 2014 Regular Meeting and also the minutes of the September 16, 2014 Regular Meeting; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Administration:
Fire Department:
Resignation of Part-Time Firefighter Taylor Offenberger
Fire Chief Martin stated that the Fire Department is requesting the Board of Trustees to accept the resignation of part-time probationary firefighter Taylor Offenberger effective October 7, 2014. As was indicated, Taylor failed to meet the probationary standards. Chief Martin also indicated that several letters were sent, both through the general mail and certified and were always returned. Contact was finally made through Taylor’s mother and another certified letter was sent, receipt accepted. Taylor turned in her gear at Station One. There was no letter of resignation and this will be indicated in her personnel file.
Trustee Haines made a motion that the Board accept the resignation of probationary firefighter, Taylor Offenberger effective October 7, 2014; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Resignation of Part-Time Firefighter Juliana Pawson
Fire Chief Martin stated that the Fire Department is requesting the Board of Trustees to accept the resignation of another part-time probationary firefighter Juliana Pawson, effective October 7, 2014, letter of resignation attached. Juliana has opted to proudly serve the United States Navy.
Trustee Laubacher made a motion that the Board of Trustees accept, with regret, the resignation of Juliana Pawson from the Fire Department effective October 7, 2014; Seconded by Trustee Laubacher.
Trustee Laubacher read aloud Juliana Pawson’s letter of resignation before the Board and noted that her high praise was indicative of the Fire Department.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Consider Purchase of Porta Count Pro Respirator Fit Tester
Fire Chief Martin stated that the Fire Department is requesting that the Board of Trustees authorize the purchase of a model 8030 Porta Count Pro Respirator Fit Tester from TSI Health and Safety Instruments, price not to exceed $11,010.00. Chief Martin stated that as the Board is aware, under the Ohio Administrative Code, the Fire Department is required to conduct at a minimum in the annual quantative fit test for all of our members who might use a summit tape breathing apparatus. The current fit tester that we have is ten (10) years old.
Trustee Chessler stated that based on the information presented and the Chief’s recommendation, makes a motion that the Board approve the purchase of the Porta Count Pro Respirator Fit Tester at a cost not to exceed $11, 010.00; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Police Department:
Consider Bullet Proof Vest Grant
Police Chief Pomesky stated that the Police Department has applied for and has recently been awarded an additional $2,345.49 toward the bullet proof vest replacement fund. The current remaining balance is $6,689.82 with this program through the Department of Justice. This will bring the total grant award to a total of $9,035.31. Chief Pomesky is requesting the Board’s authorization to accept these additional funds and allow the Police Department to complete the requirements of this grant to comply and receive this funding. Chief Pomesky stated that this funding is essential for the Police Department as it provides for half of the price of a bullet proof vest for one officer to replace them and keep them in good condition. Chief Pomesky indicated that next year, ten (10) ballistic vests will need to be provided to all Police Officers and it is essential to maintain this fund.
Trustee Haines inquired how much one vest would cost. Chief Pomesky verified that the cost for one (1) vest is approximately $800.00.
Trustee Chessler inquired of Chief Pomesky if this request is for the Board’s approval to accept the grant and also asked if there was anything else that needed the Board’s authorization.
Chief Pomesky stated that the Board’s approval is needed for accepting the grant and the allowance for the compliance to the grant requirements set forth. Chief Pomesky stated that it is an on-line process so there is not a formal signature page. Chief Pomesky also added that the biggest requirement of the grant is that our purchase has to comply with their NIJ standards and they will reimburse half of the costs of the vests.
Trustee Chessler made a motion that the Board accept the Bureau of Justice grant in the amount of $2,345.49 and further authorize the Police Chief to take any and all steps necessary to comply with the grant program requirements; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Consider Accepting 2014-2015 Drug Use Prevention Grant
Police Chief Pomesky stated the Police Department has applied for and has received $28,473.00 for the 2014-2015 grant year and is asking for the Board’s approval to accept that grant to comply with the terms and conditions of the grant. This grant currently funds a portion of the DARE officer’s salary as well as our school resource officer.
Trustee Chessler made a motion that the Board accept the terms in the amount of $28,473.00 and further authorize the Police Chief to take the steps necessary to comply with the terms and conditions of the grant for the 2014-2015 Drug Use Prevention Program; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Submission of June, July and August 2014 Monthly Activity Report
Road Department:
Consider Placement of Stop Sign at Clark Street SW Intersecting Street of Shawbell Avenue SW
Assistant Road Superintendent Chris Young stated that the Road Department is requesting the authorization from the Board to place a stop sign at the intersection of Clark Street SW and Shawbell Avenue SW.
Trustee Chessler inquired of Mr. Young if the Board has already authorized placement of a sign at this location and it has been taken or destroyed. Mr. Young stated that there was never a sign at this location. Trustee Haines indicated that this location is on a dead-end street and there is a new home being built there.
Law Director Hall indicated that he had prepared a Resolution in this matter and stated that both by statute and by the Ohio Manual of Uniform and Traffic Control Devices, this is an intersection of a lesser street with a more heavily traveled street. The stop sign placement is permitted under the manual and no traffic study is required.
Trustee Chessler made a motion that the Board adopt and approve a Resolution authorizing the placement of a stop sign at the southwest corner of Clark Street SW and Shawbell Avenue SW in Perry Township, Stark County, Ohio pursuant to the requirements of the Ohio Manual of Uniform and Traffic Control Devices; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Law Director:
Consider Appointing Jackson Law Director to Represent Zoning Inspector and BZA Central Ohio Recovery Zoning Appeal Due to Conflict of Interest
Law Director Hall stated that the previous evening the Board of Zoning Appeals had a meeting and because of a conflict of interest he had enlisted the Jackson Township Law Director to represent the Board of Zoning Appeals at that hearing. Attorney Michael Vaccaro did so and for the record had asked the Board to approve and authorize Mr. Vaccaro to represent the Board of Zoning Appeals at last evening’s hearing.
Trustee Chessler made a motion, based on the information presented by the Law Director, that the Board ratify the acceptance of services from the Jackson Township Law Director for purposes of representing Perry Township’s interests in the Board of Zoning Appeals Hearing that was conducted last evening; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Trustee Chessler stated that in regard to a case that was brought before the Board of Zoning Appeals by Central Ohio Recovery, Inc., Law Director Hall had notified the Board at the last Regular Meeting of a conflict of interest in this matter. At the time, the Board was made aware of the concerns of the neighborhood residents regarding the activity taking place at that business location.
Trustee Chessler stated that our records indicate that the Board of Zoning Appeals did approve the requests of the property owners and also our Board has been notified by an Attorney representing Central Ohio Recovery, Inc. that this business, through the lawyer and with the business owner, met with the concerned residents on September 30, 2014 with a letter to us detailing a very comprehensive plan wherein the owner has committed to making several reconfigurations and changes to accommodate the neighbors’ concerns including wash out control, grading on the empty lot and on the creek bed, trees , lighting, and present vegetation.
Trustee Chessler stated that he believes that because of the good faith effort put forth by Central Ohio Recovery, we should rescind the motion that was previously made suspending his participation on the towing rotation as an impound company with Perry Township.
Trustee Chessler made a motion, conditioned upon and based upon the good faith efforts made by Central Ohio Recovery, that the Board rescind the suspension and reinstitute Central Ohio Recovery back to their place within the towing rotation with the Perry Township Police Department; Seconded by Trustee Haines.
Trustee Haines added that this motion is made in condition upon Central Ohio Recovery continuing to fulfill their obligations made to the neighbors surrounding this business.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Consider David Shetler Federal PSOB Application
Law Director Hall stated that as the Board will recall, former firefighter and paramedic, David Shetler was injured in an incident on September 20, 2012. Mr. Shetler has ever since been on Worker’s Compensation Retirement and received Worker’s Compensation disability. Mr. Hall stated that apparently through the United States Department of Justice and the Bureau of Justice Assistance there is a program called The Public Safety Officer’s Benefits. Mr. Hall stated that on June 28, 2014, Mr. Shetler made an application to the Federal Government to participate in that benefit fund. Sometime in September 2014, Fire Chief Martin first received notification that Mr. Shetler had made that application.
In the interim period between Mr. Shetler initially making the application and it coming to Chief Martin’s attention, Mr. Shetler had also filed, through his attorney, an additional claim with the Bureau of Worker’s Compensation, making an allegation of the violation of the specific safety regulation. Mr. Hall stated that he and Chief Martin have been very vigorously defending, responding to and opposing this VSSR violation. This VSSR application continues through the process and we are now in the investigatory stage at this time. Mr. Hall stated that In the meantime, this Federal Public Safety Officer’s Benefit Application has come to our attention as the former employer and to Chief Martin, the immediate supervisor. The two (2) page application was completed by David Shetler or his attorney and through the Federal Coordinator, Ms. Alberta Prence, has notified the employer that to proceed further this needs certification by the Department Head, Fire Chief Martin, as well as a statement on official letterhead explaining the incident.
Mr. Hall stated that Chief Martin has explained that the way the application is completed, he has some ethical concerns in regard to filling out the application as it exists. Mr. Hall stated that through the Federal Coordinator, Ms. Prence, we have an investigation that was prepared by Chief Stan Crosley, submitted to us on December 28, 2012. This has already been submitted in defense of the VSSR claim so rather than asking Chief Martin to prepare a narrative or to submit an explanation on the incident, Mr. Hall stated that he is of the opinion that we submit Chief Crosley’s explanation in response to that criteria for this PSOB application.
Mr. Hall stated that the problem is because of Chief Martin’s ethical quandary, we require either the Chief’s designate, someone else to complete the application, or the Board’s designate of someone to certify and complete the application. Mr. Hall stated that he will indicate that but not ask Chief Martin to sign something that he finds ethically difficult for him. Mr. Hall stated that he suggests that in terms of the two (2) page application that has been submitted, he is not aware of anything in the VSSR defense that is contrary to or contradicted by the application that has been submitted thus far. Mr. Hall stated that the question becomes whether Chief Martin wants to agree to designate, for example, Trustee Laubacher as Board President or if the Board authorizes Trustee Laubacher to move this ahead. Mr. Hall stated that he did confirm with Ms. Prence that because Mr. Shetler has timely submitted his application back in June, he is in the system, and whether this is approved tonight or if it is delayed until after the VSSR litigation is complete, will not affect it, it will just affect the timeline for the Federal Government to process and determine whether David Shetler receives any benefit.
Trustee Chessler stated that the biggest concern being raised is that can signing this form in this PSOB proceeding be used against us. Mr. Chessler stated that their lawyer was asked to provide some written insurance that this would be the case and asked Mr. Hall if he could provide comment on this.
Law Director Hall stated that he specifically requested a waiver from Attorney Slipskey that nothing in the PSOB would be used procedurally or substantively in the VSSR claim. Mr. Hall stated that Attorney Slipskey had not agreed to Attorney Hall’s language but basically said that any information that is new or revealed that is not previously made available to Mr. Shetler will not be used against us. Mr. Hall stated that he is not aware of any information at this point that has not already been submitted to the Bureau of Worker’s Compensation. Mr. Hall stated that he does not see anything in this application that would directly or indirectly affect our defense of that obligation.
Trustee Chessler inquired of Mr. Hall if this would increase our legal jeopardy in the VSSR proceeding. Mr. Hall stated that it is in his opinion that it does not.
Trustee Laubacher inquired that after Mr. Hall spoke with Chief Martin today it was stated that there was a two (2) page application received. Mr. Hall stated that was correct. Chief Martin stated that he had only received one (1) page which was the back page, no front page. Mr. Hall indicated that he did have both pages. Chief Martin stated that he just received the back page of the document that was mailed to us by Mike Taylor and he was asked to sign it. Chief also added that there was a statement on that page that if he were to sign this document, a Federal document, that states everything he says in this document is true. Trustee Chessler stated to the best of your knowledge. Chief Martin stated that to the best of his knowledge, there is one statement in the verbiage that he knows he cannot verify. Chief Martin stated that he is not inclined to sign a Federal document that he does not feel comfortable with. Chief Martin stated that as Mr. Hall suggested, he would be happy to agree to designate someone else to sign the application.
Trustee Haines inquired if an Executive Session would need to be set forth to discuss this quandary. Law Director Hall stated that he would suggest if Chief Martin would like to designate him, as Law Director, or Trustee Laubacher, as Board President, then he would not be duly concerned about stepping in and taking that role. Mr. Hall stated that it is clear after speaking with the Federal Benefits Coordinator that there must be a written designation by Chief Martin that some other person has been selected to do this process.
Trustee Laubacher stated that Mr. Shetler is suing the Township for $400,000.00 but yet wants the Township to put in for this application to help him get money, this is a bit of a quandary in of itself.
Mr. Hall stated that this is what he thinks Fire Chief Martin is having difficulty with.
Trustee Laubacher briefly expressed his feelings of difficulty with this situation.
Law Director Hall stated to Trustee Laubacher that he felt empathetic with his and Chief Martin’s position, but stated that the trouble is as Attorneys, we must often times evaluate and deal with conflicting positions. Mr. Hall stated that he sees nothing in this two (2) page application that would affect the VSSR defense as we have never challenged the fact that Mr. Shetler was injured on the job during this incident. Mr. Hall added that Mr. Shetler is attempting to obtain this supplemental benefit over and above what has already been awarded by the Bureau of Worker’s Compensation. Mr. Hall stated that if there was something in this application or one of these questions that would affect our defense or our objection to the violation of specific safety regulation, then he would not be comfortable with that. Mr. Hall stated that Mr. Shetler has already been awarded a Worker’s Compensation benefit because of the on the job injury and this is just a Federal supplemental benefit that he may be eligible for through the Federal government. Mr. Hall stated that this is just an application, there is no guarantee or warranty that he will receive any money from the Federal government.
Trustee Laubacher inquired why Mr. Shetler wants this so quickly, why wouldn’t he wait until after the lawsuit.
Law Director Hall stated that Mr. Shetler’s injury was two (2) years ago and he made this application back in June. Mr. Hall stated that he would venture to say that if the VSSR claim had never been filed, then this would not be nearly the issue that it is, but understands the moral dilemma, the ethical quandary that the Chief has.
Fire Chief Martin briefly stated that he felt this was being pushed forward relatively quickly and added that the Public Safety Officer’s Benefits and VSSR were filed all within two (2) weeks of each other. Mr. Hall stated that in a matter of weeks of each other, yes.
Trustee Haines inquired if there was a hearing set for the VSSR. Mr. Hall stated that no, but that the first step of this is that the investigation period should be complete soon and we should have some report of findings any day. Once that happens, both sides get an opportunity to rebut to submit documentation or further statements in their position and then after that, the VSSR will be scheduled for a hearing in Columbus.
Trustee Haines stated that to simplify this, Mr. Shetler already has all of his benefits at the State level and this is just the next step at the Federal level to give him an increase in his monthly benefits from the Department of Justice. Mr. Hall stated that was correct. Trustee Haines stated that basically all we are validating by doing this is acknowledging that we know that Mr. Shetler was hurt in the line of duty, completely different from the VSSR. Mr. Hall stated that was correct.
Fire Chief Martin stated that there is a statement on the application that says Mr. Shetler was not intoxicated but Chief Martin stated that there was no toxicology report done in the hospital.
Trustee Chessler inquired if Chief Martin had any basis at all to conclude otherwise. Trustee Chessler inquired of Chief Martin if he had any substantial, credible or factual information that would lead him to believe that an intoxicant was involved in this incident. Chief Martin stated that he did not have any. Trustee Chessler inquired of Chief Martin if he had the scintilla of evidence to suggest that David Shetler was intoxicated or affected by alcohol. Chief Martin stated that all he knew was that a toxicology report was not done and had it been indicated that it was unknown on that form, then it would be a different story but it says no.
Trustee Chessler indicated to Trustee Laubacher that to his point he could understand how this could be taken by us as a shot across the back, but stated that he would like to give a clearer situation. Trustee Chessler gave a brief hypothetical example of an injured employee on the job and asked if we could try and erase some bias and also separate these two (2) proceedings for what they are trying to accomplish. Trustee Chessler stated that both of them are trying to address the injuries and the loss that an injured safety worker suffered in the line of duty. Trustee Chessler stated that he felt that we owed it to him to put the emotions aside here and say that he has rights in both of these arenas to receive compensation for his injuries and to pursue a question that he or his legal representative legitimately has of whether or not his working environment was safe. Trustee Chessler stated that he 100% agreed that our Fire Department and our Fire Chief and our staff and personnel did not do anything like that, but this is still America and we can ask questions.
Trustee Haines inquired if we needed a motion for the Fire Chief to designate someone else. Trustee Chessler stated that based on what Law Director Hall had indicated, we would request the Chief to make the designation in writing that the program requires and if he stated that he was willing to do that then we will ask the designee to be Law Director Hall.
Mr. Hall stated that if Chief Martin would be willing to make that designation in writing, then he would accept that responsibility.
Chief Martin stated that he was fine with that because he was not comfortable with signing the document.
Trustee Haines summarized his understanding of Chief Martin not being comfortable signing the Public Safety Officer’s Benefits application.
Law Director Hall inquired of Chief Martin if he was comfortable with this discussion and how it was to proceed. Chief Martin stated that he was and also stated that he did not have a problem designating someone else to accept that responsibility.
Trustee Chessler stated that based on our discussion here and the Chief’s indicated willingness to make a written designation of the appropriate person, I would ask that it be Law Director Hall and makes a motion that the Law Director be authorized by the Board to sign and approve and take all necessary steps to complete the application on behalf of the Board of Trustees; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, no. Trustee Chessler, yes. Trustee Haines, yes.
Zoning: None.
Parks/Recycling: None.
Executive Session(s):
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department: None.
Road Department: None.
Zoning: None.
Law Director: None.
Upcoming Events:
~Perry Township Bicentennial meeting – Tuesday, October 28, 2014 at 7:00 pm at the Township Hall
Public Speaks-Open Forum: None.
Adjournment:
With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 8:07 pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Lee Laubacher, President Joe Schlegel, Fiscal Officer
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.