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
Reorganizational Meeting
January 6, 2015 7:00 pm
Call to Order/ Pledge of Allegiance:
Reorganizational Matters:
Appointment of Board President
Trustee Haines made a motion that the Board appoint Craig Chessler as the new Board President for the year 2015; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Appointment of Vice President
Trustee Chessler made a motion that the Board appoint Doug Haines as the new Vice President of the Board of Trustees for the year 2015; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Establish 2015 Annual Compensation for Board and Fiscal Officer per ORC 505.24
Trustee Chessler made a motion that the Board approve the establishment of the 2015 Annual Compensation for the Board of Trustees and the Fiscal Officer pursuant to ORC 505.24; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Reappoint Personnel to Fiduciary and Non-Bargaining Unit Positions to Include Compensation, Benefits, Terms and Conditions of Employment
Trustee Chessler made a motion that the Board reappoint personnel to fiduciary and non-bargaining unit positions to include compensation, benefits, terms and conditions of employment; Seconded by Trustee Haines.
Trustee Chessler stated that this is according to the schedule that we haven’t reviewed but will be part of the minutes.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Set Monthly Day and Time for Regular Meetings/and Work Sessions as Needed
Trustee Laubacher made a motion to set the monthly day and time for Regular Meetings as the first and third Tuesdays of each month at 7:00 pm and to call work sessions as needed; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Approve Receipt of All Advances from County Auditor on Property Taxes
Trustee Chessler made a motion that the Board approve receipt of all advances from the County Auditor on property taxes; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Consider Accepting the Approval of the 2015 Township Budget – $11,343,200.76
Trustee Chessler made a motion that the Board consider accepting the approval of the 2015 Township Budget in the amount of $11,343,200.76; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Set Mileage Reimbursement at 57.5 Cents Per Mile Per Current IRS Rates
Trustee Chessler made a motion that the Board set the mileage reimbursement at 57.5 cents per mile per the current IRS rates; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Authorize Fiscal Officer to Invest Interim Funds and Conduct Operational Transfers Within Funds as Available and Necessary
Trustee Chessler made a motion that the Board authorize the Fiscal Officer to invest interim funds and conduct operational transfers within funds as available and necessary; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Establish Rate of Reimbursement for Uniform Clothing Allowance for Non Union Personnel Limited as Follows:
- 1. Police Chief – $1,000.00
- 2. Road Superintendent and Assistant Road Superintendent – $400.00
- 3. Establish Uniform Allowance for Fire Chief and Deputy Chiefs to be Equal to Employees of Collective Bargaining Units
- 4. Zoning Inspector – $500.00
Trustee Chessler made a motion that the Board authorize the establishment of the rate of reimbursement for uniform clothing allowance for non union personnel limited as stated in the above numbered 1-4 allowances; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Consider the Appointment for Another Term – Mark O’Brien as Board of Zoning Appeals Member and Mildred Kowell as Zoning Commission Member
Trustee Chessler made a motion that the Board authorize the reappointment for another term Mark O’Brien as a member of the Board of Zoning Appeals and Mildred Kowell as a member of the Zoning Commission; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Consider Utilizing GovDeals.com Auction Site for Calendar Year 2015
Trustee Chessler made a motion that the Board resolve to utilize GovDeals.com as the auction site for the calendar year 2015; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Excused absence:
Additions/Deletions to Agenda:
Trustee Chessler made a motion that we add to the Agenda a presentation by the Zoning Inspector of a request to vacate a certain portion of a Township road; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Trustee Haines stated that there is a deletion to be made on the Agenda and made a motion that under the Police Department portion of the Agenda to delete: Consider scheduling Step II grievance hearing for Officer Watson; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Public Hearings/Invited Guests:
Communications:
Letter to Board from Adam Silla, Assistant District Chief~Volunteer Firefighters Dependents Fund
Trustee Chessler stated that the Board had received a letter that was stamped as received in this office on December 29, 2014 from Adam Silla. Trustee Chessler stated that as the Board members are aware, we have a Volunteer Firefighters Dependent Fund. Trustee Chessler stated that the Ohio Revised Code sets up the structure by which the Board members are appointed. Adam Silla is writing to the Board to provide nominations of two (2) for appointment by the Board of Trustees.
Trustee Haines stated that currently we have selected Larry Sedlock and Adam Silla as the two (2) that have been elected to the Board.
Trustee Chessler stated that based on the Board’s prior appointments, makes a motion that the Board reappoint Larry Sedlock and Adam Silla as the Township appointments to the Volunteer Firefighters Dependent Fund; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Letter to Board from Rick Grochowski ~ Officer Watson Grievance
Trustee Chessler stated that the Board is in receipt of a letter dated December 23, 2014 that was received in our office on December 30, 2014 from Richard Grochowski of the Fraternal Order of Police. Trustee Chessler stated that Mr. Grochowski has requested a scheduled meeting regarding the above mentioned grievance involving Officer Bill Watson. Trustee Chessler inquired of Chief Pomesky if he was in discussions and working toward a resolution in this matter. Chief Pomesky stated that was correct.
Trustee Chessler stated that with regard to this Agenda, moves that the Board acknowledge this matter and table any action on this pending Chief Pomesky’s attempt to resolve the grievance; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business: None.
New Business:
Fiscal Officer:
Trustee Chessler made a motion to consider accepting pending warrants of bills for the week ending December 23, 2014 in the amount $1,184.35 and bills and payroll for the week ending December 30, 2014 in the amount of $214,921.72 and bills for the week ending January 6, 2015 in the amount of $118,596.42 for a combined total of $334,702.49; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Consider Approval of 11/25 and 12/2/14 Meeting Minutes
Trustee Haines made a motion that the Board accept the Regular Meeting Minutes of November 25, 2014 and the Regular Meeting Minutes of December 2, 2014; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Administration:
Consider EPA Permit $1,500
Trustee Chessler stated that each year the Township is required to pay to the EPA a permit fee in the amount of $1,500 in connection with the NPDES Program. Trustee Chessler stated that this is not an optional expenditure but it is one that, in his opinion, is not sure that we get our money’s worth, but we have to do it anyway. Trustee Chessler stated that grudgingly we approve and authorize the payment of the $1,500 permit fee to the EPA; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Fire Department: None.
Police Department:
Consider Scheduling Step II Grievance Hearing for Officer Watson
Trustee Chessler inquired of Chief Pomesky if he would address the Board on the status of this grievance.
Police Chief Pomesky stated that he received some correspondence from the union today regarding what the projections are and added that there are some clarifications through some additional communications and meetings that we can iron out and it will effectively resolve the issue.
Trustee Chessler stated to Chief Pomesky that he was aware of the Chief being informed that the union representative was unable to attend this evening and that there was some discussion in regard to waiving the time requirements imposed on the Board to schedule a hearing. Trustee Chessler asked Law Director Hall if he had any thoughts or opinions on this.
Law Director Hall stated that this is one of the situations where he and Chief Pomesky had decided last year that they were going to recommend strict compliance, meaning show up or lose, because this is the language that is negotiated in the contract. Mr. Hall stated that after seeing the wait schedule proposals, felt that it would be cheaper to resolve the matter than it would be to fight it in arbitration. Mr. Hall stated that in this case, we are pretty confident that we can get it resolved without further Board action.
Trustee Chessler stated that it is just a matter of agreeing on schedules and rates of pay. Law Director Hall indicated that it is also getting a dialogue going and making sure that everybody is on the same understanding of the intent of the language.
Trustee Chessler stated that his point was by delaying this, we are not running afoul with any limitations. Mr. Hall stated absolutely not. Chief Pomesky stated that Lucy Dinardo specifically requested an inspection. Trustee Chessler stated that this is what he wanted to get in the record. Trustee Laubacher inquired who Lucy Dinardo was. Chief Pomesky stated that she is the FOP representative.
Trustee Chessler stated that the Board will table this matter for further consideration on January 20, 2015 and make a resolution. Trustee Chessler stated that he makes a motion to table this item; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Road Department:
Consider Authorization to Solicit Quotes for 2015 Road Materials
Trustee Chessler stated that the Road Superintendent has submitted a cover sheet outlining his request. Trustee Chessler stated that this would authorize the solicitation of quotes for road materials until January 20, 2015 until 3 pm.
Trustee Chessler made a motion that the Board authorize the Road Department to take the steps necessary to solicit those quotes for the 2015 road and crew; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Consider Amending July 3, 2012 Resolution Concerning Unpaid Invoices
Trustee Chessler inquired of Road Superintendent Masalko of his request to amend the July 3, 2012 Resolution Concerning Unpaid Invoices and asked if he would address the Board on this matter.
Mr. Masalko stated that the Road Department did apply with the Auditor’s Office regarding payment for unpaid services done for residents. Mr. Masalko stated that there was something wrong with the old Resolution.
Law Director Hall explained that the Auditor’s Office asked us to clarify, by Board Resolution, that the amount of the civil penalty or civil fine under the statute will be equal to the amount of the installation and cost of the culvert. Mr. Hall stated that this is a matter of clarification so that the matter is very clear wherein Road Superintendent Masalko certifies the amount through our Fiscal Office and by way of the Auditor, the Auditor can put it right on the tax duplicate as a Board assessment.
Trustee Chessler inquired of Law Director Hall if with the supporting documents each of the Board members have received the written Resolution has been provided. Mr. Hall stated that it would be the new proposed Resolution for the Board’s consideration.
Trustee Chessler stated that based on that explanation, makes a motion that the Board adopt the written Resolution submitted by the Law Director with regard to unpaid invoices for Township goods and services rendered; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Law Director: None.
Zoning:
Trustee Chessler stated that next is the Agenda item requested to be added by Zoning Inspector Weckbacher and has to do with the request this Board has received. Trustee Chessler stated that he spoke with the gentleman and then initially referred him to Zoning Inspector Weckbacher to take a look into this matter. Trustee Chessler stated that he would turn this over to Mr. Weckbacher to describe what it is that is being requested and to use the supporting documents to further explain what the Board is being asked to do.
Zoning Inspector Weckbacher stated that James Justice lives on the west side of this paper street and he has petitioned the Stark County Commissioners to vacate this paper street. Mr. Justice and Mr. Zimmerman, who lives on the east side of the street, wish to split this land and make it a part of their properties. Mr. Justice has gone before the Commissioners and they tabled this matter and told him that it would help if he had a letter from the Township in favor of or against to sway their decision. Mr. Weckbacher stated that he had indicated to Mr. Justice that he would bring this before the Board for their consideration.
Mr. Weckbacher explained that the road in this matter goes back to a 6.96 acre tract that is owned by John Chambers who has property that is fronted on Stump Street. Mr. Weckbacher indicated that Mr. Chambers is against this split because he feels this would land lock the rear of his property, though he has frontage on Stump. Mr. Weckbacher stated that Mr. Chambers is likely hoping to build a home back there and with the frontage at the dead end of that street, there is only 50 feet and is zoned R2, Single and Two Family Residential, and he is required to have 55 feet of frontage, therefore Mr. Chambers would not be able to build a home there without a variance. Mr. Weckbacher stated that Mr. Justice and Mr. Zimmerman have been maintaining this property for several years and is Mr. Justice’s third attempt to vacate this property.
Trustee Haines repeated that this was his third attempt and asked why. Mr. Weckbacher explained that each time, Mr. Justice’s request has been denied by the Commissioners. Mr. Weckbacher also added that in speaking with Road Superintendent Masalko he stated that he does not have a problem with this property being vacated.
Trustee Chessler stated that it also appears that there are no issues with the safety forces being able to access other properties. Trustee Chessler also acknowledged what Mr. Weckbacher had previously stated that the above mentioned property could not serve as frontage for a buildable lot without obtaining a variance.
More brief discussion followed in regard to this matter. Trustee Chessler verified to Zoning Inspector Weckbacher that the reason this matter has come before the Board this evening was because of the Commissioner’s request that the Board express their collective opinion on the approval or disapproval of this matter. Mr. Weckbacher stated that was correct.
Law Director Hall stated that as the Board recalls, the authority to vacate lies with the Commissioners, but they look to the Township Board for their advisory recommendation.
Trustee Haines inquired what benefit is it for the Township, other than liability, because the above mentioned residents are maintaining the property at this time.
Trustee Chessler stated that it would be additional tax money, albeit a minimal amount, and the property would be divided between the two (2) homeowners and added on to their lots so it would raise their real estate taxes slightly.
Trustee Laubacher stated that at any time, if Mr. Chambers would like to have the sewer put it, he would have to go to these residents and ask their permission to put the sewer across their property. Zoning Inspector Weckbacher replied with a brief explanation in regard to this possible request.
Trustee Chessler made a motion that the Perry Township Board of Trustees write and send a letter to the Stark County Commissioners indicating their support of the proposed vacation that has been sought by James Justice on a portion of the dedicated street that is north of Western SW; Seconded by Trustee Haines.
Trustee Haines indicated that either way, this would not cost the Township anything, but would gain a small amount of tax dollars. Trustee Haines stated that if this property would ever get made into a street, then it would be the Township’s cost to maintain it.
Trustee Chessler stated that we are avoiding that potential cost and stated that he felt that this was consistent with what the Board has been doing for the past two (2) decades, one where identifying these paper streets that as the Board’s position, has, if not always, just about every time, to eliminate those paper streets but exist on a map but there is no likelihood of them every becoming real streets.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Trustee Chessler inquired of Zoning Inspector Weckbacher to please forward the bullet points regarding the variance needed regarding the above mentioned paper street matter, and he would draft a letter to the Commissioners.
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.
Announcements:
~As part of the Bicentennial Celebration, winners of the Light Up Perry festivities were announced and have also been posted to the Township website: www.perrytwp.com. Winning participants received a $20 gift certificate from East of Chicago Pizza or a Home Depot gift card. Event Chairperson was Tim Blythe.
Public Speaks-Open Forum:
Timothy Blythe, 2956 Bridgeton St. NW, Massillon – Mr. Blythe stated that last month at the Budget Hearing there was some discussion about the General Fund and there has been some discussion and concern over the last two, three and four years regarding the condition of that fund. Mr. Blythe stated that he is concerned that we have, from those predictions; we have about three years until we would be out of money. Mr. Blythe stated that he felt that no time is too soon to first identify why we are spending that money. Mr. Blythe stated that he understand that we have taken on some losses, but at the same time, we have saved money in the recycling, we have increased revenue in the franchise fees and things like that. Mr. Blythe stated that he knows that it doesn’t offset all of the costs, but doesn’t know if there is a good understanding of exactly where those expenses are and added that he thinks we need to identify those before 2017 and find out we don’t have any money. Mr. Blythe stated that he think this needs to be a higher priority than what it seems that it is.
Fiscal Officer Schlegel stated that on the budget itself, it shows exactly how everything is being expended. Mr. Schlegel stated that the Trustees have to approve everything before they do get expended. Mr. Schlegel added that he would supply Mr. Blythe with a copy of that if he would like. Mr. Schlegel stated that every line on the budget is broken down showing what is going to be expended in the Township.
Mr. Blythe stated with that he still feels that there are some generalizations. For example, there was discussion about Hartwick Park, maybe we should give back Hartwick Park, how much is Hartwick Park in costs. Mr. Blythe stated that he does not think that we really know how much Hartwick Park costs us; do we know how many hours a week it takes to maintain that, do we know how many dollars we spend on it. Is there a reason to be concerned about a $5,000 or $10,000 expenditure when we are losing $200,000. Those aren’t the things we need to spend time on, we need to look at where the costs are. Mr. Blythe stated that he thinks it is important that the parks would be a good place to start to identify these things. Mr. Blythe stated that maybe some additional training with the employees to identify exactly how much time they are spending at different parks would be needed so that we know that Summerdale Park costs “x” amount of dollars opposed to Meredith Park or the Farm or whatever it may be. Mr. Blythe stated that he thinks that those things are going to have to be done and added that he knows they aren’t fun things to do and nobody wants to dig in deeper and found out exactly what those expenses are, but it has to be done. More dialogue from Mr. Blythe followed.
Mr. Schlegel stated that one of the things the Board is looking at is the health district that we pay. Mr. Schlegel referred to Law Director Hall working on this matter. Mr. Schlegel stated that this amount is $141,500 and if we could eliminate this, it would help the General Fund quite a bit.
Mr. Blythe stated that he thinks that everything needs to be on the table and gave an example of this. Mr. Blythe gave an additional summary of why he feels this needs to be done.
Trustee Chessler stated that there is not disagreement there. Trustee Chessler stated that Mr. Blythe brought up the subject of the parks and continued to say that at this time, there is not a person who heads up the Parks Department to watch over this. Trustee Chessler stated that with every other department, we do, and we hope that they are constantly reviewing their daily operations in the way of personnel, equipment, etc. of whether we need to improve from a fiscal standpoint. Trustee Chessler stated that he hopes that we are and thinks that we are and added that Fiscal Officer Schlegel is the catch all for things like the health district; it is not under anyone’s bailey wig in particular, but over the years, is a painful check to write them each year. Trustee Chessler added that he does not think that we can make this totally go away but maybe we could get a reduction in that matter. Trustee Chessler continued to remark that as suggestions come up, we will look into them.
Mr. Schlegel stated that in regard to the parks, we put in $60,000 for the parks for the whole year. Out of that amount, $37,000 is for salaries and to cut grass and so forth.
Mr. Blythe stated that this was a distorted number because we are paying a loan for a park that is an expense. Mr. Schlegel stated that we are paying just under $50,000 for Fasnacht Farm. Mr. Blythe stated that this was a difficult pill to swallow because it is not real marketable, but is a situation that Stark County Parks would take that over for the debt and we could just walk away.
Trustee Chessler stated that we are looking into that and there have been ongoing discussions regarding that matter.
Mr. Blythe stated that he felt that this should be made a priority now so it is not an emergency later.
Trustee Chessler stated that Mr. Blythe’s point was taken and inquired if there was anyone else that wanted to speak.
Adjournment:
With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 7:38 pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Craig Chessler, President Joe Schlegel, Fiscal Officer