PERRY TOWNSHIP, Ohio – Sept. 5th 2018 – The Perry Township Board of Trustees are hosting a Cyber Security educational event for businesses, organizations, government entities, and civic groups.

As technology advances, the Perry Township Board of Trustees has recognized a growing need for educational events about Cyber Security. It’s important for business owners – and their customers – that all information is kept confidential.

Perry Township and Virtual DataWorks, a local IT Consultant and Managed Services Provider, will be presenting information geared to help businesses coordinate their cyber defenses. Not only are they able to recommend the best technology in the industry, they will be bringing their partners along to discuss the common components of Cyber Security and put your cyber concerns to rest.

The event location is Exploration Gateway located at 5712 12th Street Northwest, Canton, Ohio 44708 on Thursday, September 20th, 2018 from 9:00AM-11:30AM. The event will include presentations from Matthew DeWees of Virtual DataWorks and representatives from Datto and Sophos, two of the leading Cyber Security products for businesses.

If your business uses any kind of technology, this event is important to your security. The Perry Township Administration looks forward to this educational and informational event for all businesses in the community. Registration can be found at https://www.eventbrite.com/e/coordinating-your-cyber-defenses-registration-48911850662.

ABOUT PERRY TOWNSHIP

Perry Township is one of the seventeen townships of Stark County, Ohio. It is an urban township with a population of approximately 28,700 people. The township is led by a Board of Trustees, who work diligently and collaborate efforts which are in the best interest of the community.

Special Meetings 

The Perry Township Board of Trustees is permitted to call Special Meetings at any time for purposes they are permitted by law to act upon.  

All Trustees and the press must be notified of the Special Meeting 24 hours in advance of the scheduled meeting.  Thepublic notice must state the date, time, location, and purpose of the meeting.

 

Perry Township Board of Trustees

 

Special Meeting

 

June 20, 2016 

 

 

 

The press has been provided appropriate notice of the special meeting per ORC requirements

 

 

 

Meeting Called to Order:   6:00 pm

 

Additions/Deletions to Agenda:

 

Executive Session(s): 

 

Trustee Haines made a motion to adjourn into Executive Session pursuant to ORC 121.22 (G) (1) to conduct Zoning Inspector interviews; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

The Board adjourned into Executive Session at:  6:01 pm

 

The Board adjourned from Executive Session at:  7:23 pm

 

Adjournment:

 

With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 7:23 pm; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

 

 

                                                                                                                                                                                                               

 

Doug Haines, President                                                                                                 Joe Schlegel, Fiscal Officer

 

 


 

Special Meetings 

The Perry Township Board of Trustees is permitted to call Special Meetings at any time for purposes they are permitted by law to act upon.  


 

Perry Township Board of Trustees

 

Special Meeting

 

June 15, 2016  6:00 pm

 

 

 

The press has been provided appropriate notice of the special meeting per ORC requirements

 

 

 

Meeting Called to Order: 

 

Additions/Deletions to Agenda:

 

Executive Session(s): 

 

Trustee Haines made a motion to adjourn into Executive Session pursuant to ORC 121.22 (G) (1) to conduct Zoning Inspector interviews; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

The Board adjourned into Executive Session at:  6:01 pm

 

The Board adjourned from Executive Session at:  7:04 pm

 

Adjournment:

 

With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 7:04 pm; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

 

 

                                                                                                                                                                                                               

 

Doug Haines, President                                                                                                 Joe Schlegel, Fiscal Officer

 

 

All Trustees and the press must be notified of the Special Meeting 24 hours in advance of the scheduled meeting.  Thepublic notice must state the date, time, location, and purpose of the meeting.

 

Special Meetings 

The Perry Township Board of Trustees is permitted to call Special Meetings at any time for purposes they are permitted by law to act upon.  

All Trustees and the press must be notified of the Special Meeting 24 hours in advance of the scheduled meeting.  Thepublic notice must state the date, time, location, and purpose of the meeting.


 

Perry Township Board of Trustees

 

Special Meeting

 

June 14, 2016

 

 

 

The press has been provided appropriate notice of the special meeting per ORC requirements

 

 

 

Meeting Called to Order:  Noon pm

 

Additions/Deletions to Agenda:

 

Executive Session(s): 

 

Trustee Haines made a motion to adjourn into Executive Session pursuant to ORC 121.22 (G) (1) to discuss the hiring of a full time zoning inspector; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

The Board adjourned into Executive Session at:  12:01 pm

 

The Board adjourned from Executive Session at:  12:11 pm

 

Adjournment:

 

With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 12:11 pm; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

 

 

                                                                                                                                                                                                               

 

Doug Haines, President                                                                                                 Joe Schlegel, Fiscal Officer

 

 


 

Regular Meetings 

The Perry Township Board of Trustees meets in Regular Meeting format on the first and third Tuesday of every month at 7:00 PM.   

The meetings are held at the Township Hall located at

3111 Hilton Street NW

in Massillon. Regular Meetings include reports by Department Heads, the Law Director, and the Township Administrator.  The public is welcome to offer comments during the Public Speaks portion of the agenda on township related matters.

 

Perry Township Board of Trustees

 

Regular Meeting

 

June 7, 2016  7:00 pm

 

 

 

Call to Order/ Pledge of Allegiance:

 

Excused absence:  

 

 

 

Additions/Deletions to Agenda:

 

Public Hearings/Invited Guests:

 

Communications: 

 

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 $128,895.12 for the week ending May 24, 2016 and bills and payroll in the amount of $479,077.71 for the week ending May 31, 2016 and bills in the amount of $17,807.69 for the week ending June 7, 2016 for a combined total of $625,780.52; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Fiscal Officer: 

 

Administration: 

 

Consider the Acceptance of the Stark Solid Waste District Grant in the Amount of $625.00

 

Trustee Haines stated that the Board has received a check in the amount of $625.00 from Stark Tusc Wayne Joint Solid Waste Management District; this is the first quarter~2016 REACT Host Compost Grant for reimbursement of the Perry Township Yard Waste Drop Off Program.

 

The Board submitted a REACT grant application for this program, and was selected to receive the continuing funding benefits on a quarterly basis throughout the year 2016.  The Board currently receives the maximum benefit opportunities of the annual program totaling $2,500 for the grant duration.

 

Trustee Haines made a motion that the Board accept the money for the grant in the amount of $625.00 for the first quarter from Stark Tusc Wayne Solid Waste District; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Fire Department:

 

Consider Payment to Wingfoot Tire for Apparatus Tires

 

Fire Chief Martin stated that the Fire Department is requesting that the Board of Trustees authorize the payment of $3,385.59 to Wingfoot Commercial Tire & Service for the emergency replacement of tires on Engine 11.

 

Chief Martin indicated that an inspection of Engine 11 revealed dangerous tire wear on all of the tires.  The engine was removed from service and taken to Wingfoot Commercial Tire & Service for the replacement of all 6 tires; Engine 11 is still out of service because of other related issues to brakes and the steering system.  Chief Martin indicated that the tires needed to be replaced so the other work can commence.  Wingfoot has traditionally been the company that we used for tire replacement on all of our emergency vehicles.

 

Trustee Chessler inquired if the problems related to the brakes and steering may have hastened the wear.  Chief Martin stated that was correct.

 

Trustee Chessler made a motion that based on the request of the Fire Chief and the information we have received, the Board authorize payment in the amount of $3,385.59 to Wingfoot Commercial Tire & Service; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Consider Payment to Jaymac Body for Apparatus Damage Repair

 

Fire Chief Martin stated that the Fire Department is requesting that the Board of Trustees authorize the payment of $4,982.11 to Jaymac Body and Frame for damage repair conducted on Engine 31 as the result of a motor vehicle accident.

 

Chief Martin indicated that Engine 31 was involved in an accident returning from an alarm.  The accident was the fault of the other driver.  The insurance company for the at-fault driver paid for all of the repair costs with the exception of the Township $1,000.00 deductible.

 

Trustee Chessler made a motion that the Board authorize the payment to Jaymac Body and Frame on behalf of the Fire Department in the amount of $4,982.11; Seconded by Trustee Haines.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Police Department:

 

Consider Approval of OVI Task Force MOU

 

Police Chief Pomesky stated that the Police Department is requesting that the Board of Trustees consider accepting the memorandum of understanding between the Stark County Sheriff’s Office and the Perry Township Police Department for the OVI Task Force, copy of the MOU attached before the Board.  Chief Pomesky stated that this is an annual program that is facilitated within the county for additional traffic enforcement for impaired driving offenses for problem identified areas.  Chief Pomesky indicated that this is no different than any other year adding that it will again be facilitated through the Ohio Traffic Safety Office.

 

Trustee Chessler confirmed Chief Pomesky’s indication that the terms and conditions are the same as in years past and made a motion that the Board renew the agreement for participation through the Ohio Traffic Safety Office, OVI Task Force; Seconded by Trustee Haines.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Road and Park Department:

 

Consider Awarding 2016 Paving Program to Northstar Asphalt Incorporated in an Amount Not to Exceed $269,344.20

 

Road Superintendent Masalko stated that after reviewing the bids with Law Director Hall, Northstar Asphalt came in with the lowest bid in the amount of $269,344.20.  Mr. Masalko indicated that the bid was in order and is requesting the Board to approve and use Northstar Asphalt, Inc. in the amount of $269,344.20.

 

Trustee Haines inquired when the paving will begin.  Mr. Masalko stated that as soon as he gives notice to proceed, they will then indicate.

 

Trustee Haines made a motion that the Board approve entering into a contract with Northstar Asphalt for a total of $269,344.20 for the 2016 Paving Bid; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Consider Approval to Place No Through Truck Signs on Zern Avenue SW, Between 13th St. SW and Lincoln Way, Leonard Avenue SW Between 13th Street SW and Lincoln Way, and 12th Street SW, Between Leonard Ave. SW to the East Termini

 

Road Superintendent Masalko indicated that it has been brought to their attention that there has been heavy truck traffic traveling on secondary roads of Zern Ave. SW,  Leonard Ave. SW  and 12th St. SW.  These trucks are making deliveries to a local business and after talking with that local business owner and Perry Local Schools, is asking for the Board’s approval to have these streets posted with No Thru Trucks signage:  Zern Ave. SW, between 13th St. SW and Lincoln Way; Leonard Ave. SW, between 13th St. SW and Lincoln Way, and 12th St. SW, between Leonard Ave. SW to the East Termini.

 

Trustee Chessler stated that based on the conversations and emails that we have received in this office and the Road Superintendent’s review, makes a motion that the Board authorize the Road Superintendent to place the appropriate signage at the appropriate locations to prohibit through trucks on Zern Ave. SW, between 13th St. SW and Lincoln Way; Leonard Ave. SW, between 13th St. SW and Lincoln Way, and 12th St. SW, between Leonard Ave. SW to the East Termini; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Consider No Parking Signage on Glenhurst SW

 

Road Superintendent Masalko indicated that the resident at 4909 Glenhurst St. SW has made numerous complaints regarding the lack of No Parking signage near his residence.   Mr. Masalko indicated that this is a narrow street and it makes it very difficult for this resident to back out of or pull into his garage.  Mr. Masalko indicated that approximately ten (10) years ago the Board had approved signage near this location and the signs were placed, but not at this particular location.  

 

Trustee Chessler verified that he did recall this matter in regard to the supporting documents submitted by Road Superintendent Masalko and noted by the previous Administrator’s handwriting on Page 27.  Trustee Chessler stated that Gary Rushe had submitted the letter that the Board had received of June 19, 2006.  Trustee Chessler stated that what the Board had approved on June 20, 2006 were No Parking Signs on Delaware; ironically that is in the same area, but not the same location; Trustee Chessler stated that it was a similar problem wherein people had a problem backing out.  What is indicated there is that the Board had approved it, but it was not approved for Mr. Rushe’s location.  Trustee Chessler indicated that when he spoke with Mr. Rushe, even though there are signs placed out there during the congested times, the people are disregarding the signs and it has led to some confrontations with people there and we would want to avoid that.  Trustee Chessler also added that there was some law enforcement involvement that was reported, but we have not confirmed the nature and extent of that; the one thing that we have discovered is that there is not a Board motion supporting the signs that are ours.  Chief Pomesky gave a brief summary of meeting with the resident at this location as well.

 

Trustee Chessler made a motion that the Board authorize the Road Superintendent to place No Parking signs on Glenhurst Street in the area of 4909 Glenhurst Street SW so as to restrict parking and that would allow the residents of that location to safely and peacefully have ingress and egress; Seconded by Trustee Haines.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Consider Approval of Joint Paving on Whipple Ave., SW with Canton Township Not to Exceed $10,000

 

Road Superintendent Masalko indicated that Canton Township has asked Perry Township to join forces with the Resurfacing of Whipple Ave. SW from Shepler Church to North Termini.  The application will be a double chip and seal with Canton Township taking the lead on bidding the project.  Canton Township asked Perry to split the cost of this application in the amount of $10,000.00.  Road Superintendent Masalko stated that due to our 2016 paving amount coming in lower than anticipated, there is room in the paving budget to enter into this joint effort with Canton Township.  Mr. Masalko stated that the Road Department is asking the Board’s approval to enter into this effort; Canton Township will invoice when the project is done.

 

Trustee Haines made a motion that we join Canton Township for the resurfacing of Whipple Ave. SW from Shepler Church to the North Termini.  Canton Township will take the lead and will invoice us for our part of it; this will not exceed $10,000; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Consider Approval of Purchasing Two (2) John Deere Zero Turn Mowers from Lake Township

 

Road Superintendent Masalko indicated that as previously discussed with the Board, the Road Department was approved to purchase two (2) John Deere Z-920M Commercial Ztrack mowers from Lake Township in the amount of $5,000 each, total amount of $10,000.  Mr. Masalko stated that these mowers only have 240 hours on them, they are 54 inch cuts and in excellent condition (practically new) with warranty still left on these machines.  Road Superintendent Masalko stated that these machines will be taking place of our aging fleet and is asking the Board to approve payment to Lake Township in the amount of $10,000.

 

Trustee Chessler made a motion that based on the information that we have received from the Road Superintendent and the evaluation of the Law Director, the Board purchase two (2) John Deere Z-920M Commercial Ztrack mowers at a total cost not to exceed $10,000; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Law Director: None.

 

Zoning: None.

 

Executive Session(s):   None.

 

Department Matters Not Requiring Board Action:

 

Administration: None.

 

Fire Department: None.

 

Police Department:

 

March and April Activity Reports

 

Road Department: None.

 

Parks/Recycling: None.

 

Zoning: None.  

 

Law Director: None.

 

Upcoming Events:

 

~Perry Township Party in the Park! (Formerly Taste of Perry) Saturday- July 9th Noon to 8:00 pm at Hartwick Park – Enjoy All Day Events and Entertainment – Special Features: Mix 94.1 Remote Broadcasting and the Blues Band – TRIPPER from 5:00 to 7:00 pm.  Sponsored by Aqua.  Additional event details at www.perrytwp.com.

 

Public Speaks-Open Forum:

 

Frank Lanza, 4740 13th St. NW – Mr. Lanza stated that he was here this evening  to ask the Board what the process was to file a formal complaint and added that this complaint does involve the Police Department.  Mr. Lanza indicated that he would like to submit this complaint in writing with supporting evidence, i.e., recordings, photographs, etc. and he would like it to be reviewed.

 

Law Director Hall stated that this complaint could either be submitted to Trustee Haines, as Board President or to him as the Law Director and we would begin an investigation into this matter.

 

Mr. Lanza stated that if anyone had any questions, he would be happy to answer them.  Trustee Haines indicated to Mr. Lanza that he would ask him to submit this complaint in writing and added that it could be submitted first to Law Director Hall.  Mr. Lanza indicated that he already had something prepared.  Mr. Hall handed Mr. Lanza his contact information and indicated that he is free to call him and they can meet in regard to this matter.  Mr. Lanza thanked Mr. Hall.

 

Stan Mehringer, 172 Rowmont SW – Mr. Mehringer stated that his back yard butts up against Perry Park and added that there are two ash trees in the back of their property, in the park; one of them is completely dead and the other is nearly dead and hangs over the walking path.  Mr. Mehringer stated that he is worried since there are people who walk on the walking path and fears that one of these days one of those limbs will come down on someone.  Mr. Mehringer stated that he wanted to come to the meeting this evening to bring this matter to the Board’s attention.

 

Trustee Haines stated that an arborist had previously been out at the park and had taken a number of trees down and relayed to Road and Park Superintendent Masalko if he was aware of these referenced trees.  Mr. Masalko indicated that he was and added that after attending to some of the trees at Meredith Park, they would be moving over to Perry Park.

 

Mr. Mehringer thanked the Board.

 

Bill Smith – thanked the Board for allowing him a few minutes this evening and indicated that he is a candidate for Stark County Commissioner this year.  Mr. Smith stated that Tom Bernabei’s seat is open and gave a short bio about himself, family and businesses and his goals as a prospective county commissioner.  The Board thanked Mr. Smith and wished him luck in the upcoming election.

 

Adjournment:

 

With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 7:31 pm; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

 

 

                                                                                                                                                                                                               

 

Doug Haines, President                                                                                                 Joe Schlegel, Fiscal Officer


 

Special Meetings 

The Perry Township Board of Trustees is permitted to call Special Meetings at any time for purposes they are permitted by law to act upon.  

All Trustees and the press must be notified of the Special Meeting 24 hours in advance of the scheduled meeting.  Thepublic notice must state the date, time, location, and purpose of the meeting.

 

Perry Township Board of Trustees

 

Special Meeting

 

May 19, 2016 at  4:30 pm

 

 

 

Additions/Deletions:

 

Trustee Haines opened the meeting by welcoming all Attendees to the Perry Township Board of Trustees Special Meeting, May 19, 2016 at 4:30 pm.  Trustee Haines indicated that proper notification has been provided to the media. 

 

Executive Session(s): 

 

Trustee Chessler made a motion pursuant to ORC 121.22 (G) (8), after consulting with our Law Director, that the Board adjourn into Executive Session to include the Board of Trustees, Fiscal Officer, Township Law Director, Charles Hall, Township Administrator, Joyce Fetzer, Tim Putman, Dr. John Johnson and Edwin Davila and Sam Sliman, representative of the City of Canton; all necessary parties to this Executive Session; Seconded by Trustee Haines.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

The Board adjourned into Executive Session at:  4:32 pm

 

The Board adjourned from Executive Session at:  5:30 pm

 

Adjournment:

 

With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 5:30 pm; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

 

 

                                                                                                                                                                                                               

 

Doug Haines, President                                                                                                 Joe Schlegel, Fiscal Officer


Regular Meetings 

The Perry Township Board of Trustees meets in Regular Meeting format on the first and third Tuesday of every month at 7:00 PM.   

The meetings are held at the Township Hall located at

3111 Hilton Street NW

in Massillon. Regular Meetings include reports by Department Heads, the Law Director, and the Township Administrator.  The public is welcome to offer comments during the Public Speaks portion of the agenda on township related matters.

 

Perry Township Board of Trustees

 

Regular Meeting

 

May 17, 2016  7:00 pm

 

 

 

Call to Order/ Pledge of Allegiance:

 

Excused absence:  Mark Martin, Fire Chief; Deputy Chief Abbott here in his absence

 

 

 

Additions/Deletions to Agenda:

 

Trustee Haines stated that he has several additions to add to this evening’s Agenda:

 

 Under Public Hearings/Invited Guests, Trustee Haines stated that he would like to add Keith Nutter from Aqua Ohio.

 

Trustee Haines indicated that he would like to make a motion to remove, under Road and Park Department:  Consider the No Through Truck Resolution.  Trustee Haines stated that Road Superintendent Masalko has more information that he needs to gather regarding this matter; Trustee Chessler Seconded the motion that we add those two Agenda items as proposed.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Trustee Haines indicated that he would also like to move the Executive Session earlier into the meeting right after the Public Hearings/Invited Guests.

 

Consider Opening Paving Bids  7:00 pm

 

Fiscal Officer Schlegel stated that we have received three (3) bids and further inquired if there was anyone in the audience who would wish to submit a bid.  Seeing none, Fiscal Officer Schlegel stated that the bids submitted are:

 

Company

Total Bid Amount

Central Allied – Bid Bond

$278,831.70

Superior Paving – Bid Bond

$279,284.50

Northstar Asphalt – Bid Bond

$269,344.20

 

 

 

Trustee Chessler made a motion that the Board acknowledge and accept the bids as submitted and refer them to the Law Director and Road Superintendent for further consideration and recommendation; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

 

 

Board Recognition of Den Leader ~ Heather Fowler and Pack #912

 

Trustee Haines asked Den Leader, Heather Fowler and her son and scout member, Hadden Fowler of Cub Scout Pack #912 to please come forward.  Trustee Haines stated that the Board would like to present Certificates of Recognition to Den Leader, Heather Fowler and also to Hadden Fowler for their Troop’s service in planting flowers at Perry and Lynch Parks.  Upon Trustee Haines request of Hadden to explain what their troop accomplished, Hadden gave a very brief explanation that he and his fellow scouts were working toward scout badges in regard to their planting efforts.  Trustee Haines asked Den Leader Fowler if she would please present the additional Certificates of Recognition to the fellow scout members who could not be here this evening.  Trustee Haines stated that he wanted to thank Den Leader Fowler and the members of Cub Scout Pack #912 on behalf of the Board adding their appreciation for their efforts in the parks.   

 

Representative from Prats & Hogsette

 

Adam Reiger, Fire Department employee and President, IAFF Local 3960 introduced Mr. Tyler Wolff, the current representative from the Prats & Hogsette Financial Group and sponsored by the OAPFF regarding different options for the Ohio Deferred Compensation plan. 

 

Mr. Tyler Wolff introduced himself and stated that he appreciated the opportunity to speak this evening.  Mr. Wolff stated that he is from Prats & Hogsette from Mansfield, Ohio and gave a brief overview of the differences that separate them from Ohio Deferred Comp. 

 

Law Director Hall verified of Mr. Wolff that there is no cost to the employer; Mr. Wolff indicated that was correct.  Mr. Hall also inquired if the employer, through the Fiscal Office, would be expected to do this by wage deduction or does the employee pay directly through the plan.  Mr. Wolff indicated that it is through payroll deduction.  Fiscal Officer Schlegel verified that deferred comp is through payroll deduction.  Law Director Hall inquired if Mr. Schlegel is comfortable with that should it be appropriate; Mr. Schlegel confirmed that he was.

 

Trustee DeChiara verified that this was a pre-tax deal; Mr. Wolff confirmed that it was adding that it could be pre-tax, post-tax or a combination of both.  Trustee DeChiara verified that it would be a 1.65% expense fee for any of the plans.  Mr. Wolff indicated that it would be .65 as an administrative fee and record keeping, etc. 

 

Fiscal Officer Schlegel inquired of Mr. Wolff if their fee would come out after we send you the money.  Mr. Wolff stated that was correct.

 

Trustee Chessler inquired of Adam Reiger:  does the fact that more than 50% of the participants in this plan are firefighters mean that we are paying our firefighters too much (laughter).  Adam replied no and added: we are just looking out for our retirement.  Adam also stated that one of the benefits that he has seen with this proposed plan is that currently, Ohio Deferred Comp is only available to full time employees.  Through this proposed plan, deferred comp would be made available to all employees, part time as well; and not just for the local; any employee of Perry Township would have access to this plan. 

 

Trustee DeChiara inquired if you could participate in both plans, this plan as well as Ohio Deferred Comp.  Mr. Wolff confirmed yes, but added that you just have to make sure that you don’t go over the annual limit of $18,000.   Mr. Wolff also indicated that there is no fee or penalty to transfer your money over from Ohio Deferred Comp to the union plan; if you are not happy with this new plan, you can transfer back over without any charges, taxes or fees. 

 

Trustee Haines inquired if Mr. Wolff has already made a presentation to the local union.  Mr. Wolff confirmed yes and Adam intervened that the union does support this.

 

Trustee Chessler inquired if another meeting would be needed for interested non-union participants.  Adam stated that he has been distributing the material that Mr. Wolff has given him.  Adam stated that we will be setting up several meetings and plan to broadcast this to the entire Township employee staff.

 

Trustee Chessler verified that this is a rolling application meaning that you don’t have to do it within 30 days; Mr. Wolfe confirmed yes, it can be done at any time.

 

Trustee Chessler thanked Mr. Wolff and Mr. Wolff expressed his appreciation as well.

 

Trustee Chessler made a motion that based on the presentation that we have received tonight from Prats & Hogsette Financial Group that the Board of Trustees approve the OAPFF Deferred Compensation Plan for the Township employees; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Public Hearings/Invited Guests:

 

Trustee Haines introduced Mr. Keith Nutter from Aqua Ohio.

 

Mr. Keith Nutter, Area Manager for Aqua Ohio stated that he was here this evening to give a brief update regarding a water project done by Aqua Ohio and added that he also had some maps available of the proposed work done on a water running project done in 2016.

 

Trustee Haines inquired if he could momentarily interrupt Mr. Nutter so as to give Mrs. Myers, Aqua customer here this evening (that sent the original email to Aqua with her concerns) a copy of the water project at hand.  Mr. Nutter supplied Mrs. Myers a copy.

 

Mr. Nutter explained that they (Aqua) have tried to determine which water mains are breaking or which ones that may be undersized and put together a list for replacement purposes.  Mr. Nutter indicated that normally they put the pipes in at the same time so that they age at the same time and potentially break at the same time.  Mr. Nutter also explained that it helps a little bit for coordination cost-wise for the contractor to be in one area at one time.  Mr. Nutter gave a brief summary of the proposed streets for 2016 and 2017 (Roxbury being one of those streets) as well as proposed cost and material information. 

 

  Mr. Nutter stated that they (Aqua) work with the Road Department and Road Superintendent Masalko on township paving projects and coordinate which roads are needed to be replaced on the water lines.  Mr. Nutter also indicated that the rates that are paid to Aqua go back into replacing water lines; Aqua tries to work closely with every community to do the best that they can.

 

Mrs. Myers inquired of Mr. Nutter that since this is a very regular occurrence on Roxbury (water pipeline breaks), would Aqua plan to just put another band aid on this area again.  Mr. Nutter briefly explained that in regard to the water pipe repair on Roxbury, this is how they do the temporary replacement;  approximately seven feet of brand new pipe was replaced in that area, with clamps on either end of the pipe.

 

Mrs. Myers verified that Aqua would then tear this all back up next year and replace it with all new pipe.  Mr. Nutter confirmed yes and added that this is how they remedy these problems in order to maintain service at all times.  Mr. Nutter explained that the old pipes have to stay in service until they put in the new pipe, they then transfer all homeowner services over and any restoration is included.

 

Mr. Nutter also referred to Mrs. Myers’ inquiry regarding the replacement of the asphalt due to the pipe repair on Roxbury and briefly explained that what they use for repair is what they refer to as a cold patch, but would be back possibly by the end of June to add a more permanent asphalt to this area.  Mr. Nutter also added that they would, as always, communicate with the township and Road Department in this matter.

 

A question was posed to Mr. Nutter (inaudible) in regard to surface rolling of the road.  Mr. Nutter also gave a brief explanation to this question.

 

Trustee Chessler inquired of Mr. Nutter what the diameter size was for the service lines.  Mr. Nutter briefly explained that the replacement pipes are 6 inches, the new lines are 8 inches.  Trustee Chessler inquired when installing the 8 inch pipe, how wide the trench would be.  Mr. Nutter stated that normally, it is approximately two feet.  Trustee Chessler also inquired if Mr. Nutter found that most of the trenching done is within the existing right-of-way, but asked if this was outside of the pavement or inside the pavement.  Mr. Nutter explained that they try to stay outside of the pavement, but added that in regard to some of the new streets to be done in 2016, there is just no space; referring to the right-of-way, roads, storm sewers and gas line specifics. 

 

Trustee DeChiara inquired of Mr. Nutter in regard to the new hydrant locations, will you take the hydrant locations and conditions if needed.  Mr. Nutter confirmed yes and added that they normally send a set of plans to the fire department and gave a brief explanation as to what Aqua’s procedure is in that regard.

 

Mrs. Myers inquired of Mr. Nutter how they can be assured of the water quality from these new pipes.  Mr. Nutter gave a brief explanation and added that by standard procedure, they do chlorinate the new pipes that are put in and explained that by flushing the water, this produces fresh water. 

 

The Trustees thanked Mr. Nutter for his time and explanation and also thanked Mr. Nutter for the email that brought this matter to the Board’s attention.

 

 

 

 Executive Session(s): 

 

Trustee Haines made a motion that the Board adjourn into Executive Session pursuant to ORC 121.22 (G) (1)  concerning compensation to include the Board, Fiscal Officer and Law Director; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

The Board adjourned into Executive Session at:  7:27 pm

 

The Board adjourned from Executive Session at:  7:42 pm

 

Trustee Chessler stated that based on the Board’s discussion in Executive Session makes a motion in regard to the Board’s opportunity to look at the revised code and our neighboring jurisdictions with regard to unused sick leave; the Board has reviewed with the Law Director different provisions in different places and at this time makes a motion that the Board adopt a modified version of ORC 124.39 (B) and (C) which allows employees with ten (10) or more years of service to be paid cash for up to 25% of their accrued, but not used sick time; that is a provision that the Board would adopt under its home rule and statutory authority; Seconded by Trustee Haines.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Communications: 

 

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 $71,292.86 for the week ending May 10, 2016 and bills and payroll in the amount of $159,102.22 for the week ending May 17, 2016 for a combined total of $230,395.08; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Fiscal Officer: 

 

Administration: 

 

Consider Accepting Meredith Park Shelter Quote

 

Trustee Haines indicated that this matter is something that has been in the works since 2012. 

 

Administrator Fetzer stated that the Board submitted a Land and Water Conservation Fund grant application for the shelter at Meredith Park on February 1, 2012.  Administrator Fetzer stated that due to the state’s fiscal budget uncertainty, the grant was selected and awarded on December 12, 2014, however the proposed amount of funding was not determined at that time.  Since that approval date, the project start date had been placed on hold by LWCF.

 

Mary Fitch, Recreation Services Administrator confirmed in writing on April 28, 2016, that LWSF has authorized $6,500 to the Board of Trustees toward the Meredith Park Shelter.  In addition, Perry Rotary donated $5,000 toward the pavilion, if awarded (or other playground equipment if no award) on April 12, 2012.  Joe Newsome, President of Perry Youth Soccer, has committed to writing a check in the amount of $5,283.32 which covers the remaining portion of the pavilion costs.  The LWCF grant is a reimbursable grant.  The state of Ohio has authorized a project start date being June 1, 2016. 

 

Administrator Fetzer indicated that three (3) quotes were obtained for this shelter construction:  Riggs Construction, Allen Keith Construction and Ohio Outdoors Structure; Riggs Construction was the most reasonable and complete quote that the Board received.  Administrator Fetzer indicated that Riggs Construction has done all the preparation work and will obtain all the needed permits; these matters were not considered in the other quotes submitted.  The Land and Conservation Fund Program is a State/Local project agreement and was previously provided to Law Director Hall for his review and approval.  Administrator Fetzer indicated that if the Board chooses to accept this, page 3 would require the Board President’s signature.   In addition, attached before the Board is a letter from Perry Youth Soccer President, Joe Newsome, confirming their partnership with the Board of Trustees; we have already received Perry Rotary’s donation back in 2012 as well as the proposed structure of the 20 x 30 Meredith Park Shelter.

 

Trustee Haines verified that the Board will need to make a motion to accept the quote;  Administrator Fetzer stated that was correct and indicated that page 3 will accept it for us upon the Board President’s signature for the State of Ohio.

 

Trustee Chessler made a motion that the Board authorize the Board President to enter into the Land and Water Conservation Fund Program Agreement to accept the Grant Funds; Seconded by Trustee Haines.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Trustee Haines stated that at this time, we have two members from the Perry Youth Soccer Board that we would ask to please come forward, Joe Newsome and Scott Baker.  Trustee Haines presented a Certificate of Appreciation for Joe Newsome, Jr. President of the Perry Township Youth Soccer Club in appreciation of the Perry Township Youth Soccer Club’s donation for the Meredith Park Pavilion.  Trustee Haines stated that on behalf of the Board thanks them for everything they have done.

 

Trustee Chessler made a motion that the Board gratefully and graciously accept the donation from the Perry Township Youth Soccer Club in the amount of $5,283.32 for the Meredith Park shelter project; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Consider PUCO Renewal Application for Electric Governmental Aggregators

 

Administrator Fetzer stated that the Board is in receipt of certification renewal with PUCO as our electric aggregator; this is the renewal application that we submit every two years to them.  Administrator Fetzer indicated that the proper documents have been mailed to us, attached before the Board, signature required on Page 3.

 

Trustee Chessler verified of Law Director Hall that this was a continuation of what we had started several years ago wherein we are an aggregator to solicit quotations for an aggregated price for electric as we do in gas; this continues this status.  Law Director Hall confirmed this was correct.

 

Trustee Chessler made a motion that the Board authorize executing the renewal application for our electric governmental aggregation program; Seconded by Trustee Haines.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Fire Department:

 

Consider the Disposal of Unsafe/Damaged Fire Hose

 

Deputy Chief Abbott stated that the Fire Department is requesting that the Board of Trustees authorize the disposal of obsolete/damaged/unfit fire hose that is unable to be used for firefighting purposes.  Disposal of hose is acceptable under Ohio Revised Code 505.10 (7) “If the Board of Trustees determines that township personal property is not needed for public use, or is obsolete or unfit for the use for which it was acquired, and that the property has no value, the board may discard or salvage that property.”

 

The Fire Chief’s memo to the Board, supporting documents attached before the Board, listed the specific hose information determined by the fire department to be unsafe, damaged, unfit or obsolete; also determined to have no resale value.

 

Trustee Chessler made a motion that pursuant to Ohio Revised Code Section 505.10 (7), the Board hereby determines that the fire hose is not needed for public use or is obsolete or is unfit for the use and the Board further authorizes that it be donated as the Fire Chief sees fit to wit: to the Myers Lake Boat Club; Seconded by Trustee Haines. 

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Police Department:

 

Consider Approval of MOU for Uniform Allowance for Patrol/Detective/Sergeants

 

Police Chief Pomesky stated that attached before the Board’s review and consideration is a copy of two  Memorandum of Understandings for the Patrol Officers/Detectives and Sergeants bargaining agreements.  If approved, the MOU’s will adjust the way uniform allowance is currently handled within the department.  The remainder of the uniform allowance balance would be paid to the individual employee covered under the bargaining agreement for 2016.  In years 2017 and 2018, a separate check would be issued to the employee covered under the bargaining agreement at the beginning of years 2016 and 2017.  Chief Pomesky indicated that both MOU’s were sent to the Law Director for review.

 

Trustee Haines verified of Law Director Hall if this is how we have been doing the Fire Department for the last several contracts.  Mr. Hall stated that he would recommend this and confirmed that this is what has been done in the Fire Department for the past several years.

 

Trustee Chessler stated that in years past, he has been a barrier and an opponent of which there were instances in the past where there have been occurrences that he felt it necessary to provide that kind of oversight and accountability.  Trustee Chessler indicated that Chief Pomesky has pointed out that the officers are expected and mandated by policy to come to work in uniform with properly functioning equipment and added that this is a leap of faith to an honor system.  Trustee Chessler stated that Chief Pomesky thinks that this is something that the officers can abide and as a show of good faith, added that he is willing to allow this on an individual basis.

 

Trustee Chessler made a motion that the Board adopt and approve both of these Memorandum of Understandings with regard to the payment of the uniform allowance; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Road and Park Department:

 

Consider Meredith Park Timbering Extension Change Order

 

Road Superintendent Masalko stated that back on August 16, 2015, we signed a contract to enter into an agreement for logging to be done by Troyer Lumber, LLC on the back side of Meredith Park.  Mr. Masalko indicated that because of the mild winter and lack of deep frost along with the market decline of cherry wood, Mr. Roy Miller of Troyer Lumber would like to extend his contract another year.  Mr. Masalko stated that he had indicated to Mr. Miller that he would bring this matter before the Board for recommendation and approval to extend for one year.

 

Trustee Chessler stated that to revisit this topic, in regard to Mr. Drake, the arborist going through our Perry Park and identifying trees that, in his professional opinion, may pose an imminent risk of branches falling or the tree falling.  Trustee Chessler stated that we went through and identified a number of trees in the various parks that were subject to this agreement.  Trustee Chessler inquired if this was the same matter.  Road Superintendent Masalko indicated that this was a separate agreement.

 

Trustee Haines stated that this matter began when a resident repeatedly experienced a number of trees fall near her property on the back side of Meredith Park near the woods and railroad tracks.  Trustee Haines indicated that they had walked through the woods with a representative from Troyer Lumber to assess this situation.  Trustee Haines explained that this will be twofold; thin out some of these woods in addition to giving the Township a little bit of revenue for the wood as well as allowing the woods to prosper.

 

Trustee DeChiara indicated that his initial concern was to not have the woods disappear, but become healthier.

 

Trustee Haines indicated that they are planning to take out one hundred and forty-two (142) trees in this area; the trees were marked sporadically throughout the woods.  Trustee Chessler verified that there is no harm in this extension.  Trustee Haines stated that was correct. 

 

Trustee Haines made a motion that the Board extend the contract with Troyer Lumber, LLC to extend for one (1) year to July 16, 2017 to start and finish the project at Meredith Park with all other terms and conditions of the agreement to remain the same; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Law Director: None.

 

Zoning:

 

Consider Zoning Inspector’s Letter of Resignation

 

Trustee Haines stated that we have a letter of resignation from Zoning Inspector Weckbacher stating that he will be retiring from the position of Zoning Inspector for Perry Township; his last day of work will be May 31, 2016.  Trustee Haines stated that after almost 15 years with the Township, he will be missed.

 

Trustee DeChiara stated that the Zoning Inspector (position) is a thankless job at times and added that he appreciates all the work Scott has done and all the effort and dedication he has given us.  Zoning Inspector Weckbacher stated his thanks.  Fiscal Officer Schlegel added that they don’t come any better than Scott.  Law Director Hall stated that he hopes that whomever the Board hires to take Scott’s place, that they have big feet — to fill his shoes.

 

Trustee Chessler briefly described the individual temperament of past zoning inspectors, adding that Scott has always struck the right balance, always helping people get their projects done which has always reflected well on the Township and the Board; this is the thing that Scott deserves the most gratitude for.

 

Trustee Haines made a motion that the Board accept the resignation for retirement for Scott Weckbacher, effective May 31, 2016; Seconded by Trustee Chessler, with regret.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Department Matters Not Requiring Board Action:

 

Administration: None.

 

Fire Department: None.

 

Police Department:  None.

 

Road Department: None.

 

Parks/Recycling: None.

 

Zoning: None.  

 

Law Director: None.

 

Upcoming Events:

 

~Ohio Division of Liquor Control ~ R Snack Pop Store LLC 3050 Lincoln Way E., Perry Twp., Massillon, Ohio – Requesting a new liquor permit # 7151715 ~ Responses must be post marked no later than 06/02/16.

 

~Operation Flags of Freedom ~ Memorial Day Weekend Hosting free concert on Saturday, May 28th at 6:00 pm featuring Nashville Country Recording Artist Ricky Lee ~ Remote Broadcasting K-105 (12 to 2 pm); Visit www.perrytwp.com for event details.

 

~Perry Township Fire Department ~ HERO 5K Run-Walk on Memorial Day, Monday, May 30th beginning at 8:30 am.  Run for the HERO in your life!  Register at www.runsignup.com.

 

~Perry Township Party in the Park! (formerly Taste of Perry) Saturday, July 9, 2016 – Noon to 8:00 pm at Hartwick Park ~ Enjoy All Day Events and Entertainment – Special Features: Mix 94.1 Remote Broadcasting and the Blues Band—TRIPPER from 5:00 to 7:00 pm.  Sponsored by Aqua.  Additional event details at www.perrytwp.com.

 

Public Speaks-Open Forum:

 

Christian Walton, 2944 12th St. NW, Massillon – stated that he wanted to say thank you for looking into several complaints that he had previously brought to the Board’s attention regarding the drainage problem on 12th Street.  Mr. Walton stated that he spoke with the Commissioner’s office and they will finally be getting some progress on that matter sometime in June.  Also, he wanted to say thank you in regard to the speed monitoring on 12th Street adding that we are finally seeing some progress on this.  Mr. Walton stated that he appreciated all the efforts.  Trustee Haines thanked Mr. Walton for his input.

 

Patrick Gardner – 3853 Georgia St. NW, Massillon – stated that several years back we had a flooding issue that came through; Mr. Gardner stated that Trustee DeChiara came by earlier today to look at his back yard.  Mr. Gardner stated that this is a county easement that belongs to Stark County.  Mr. Gardner explained that there is a 3 to 4 foot pipe that runs underground in his backyard.  Mr. Gardner added that this has been a 12 year battle with the county commissioners, the county engineer and Gary Connor.  Mr. Gardner stated that everybody has looked at the issue, but nothing has been done to address it.    Mr. Gardner stated that he needs help from the Township to do something with this issue; it’s a safety hazard and it has also caused flooding to his house twice.  Mr. Gardner stated that he is up to approximately $23,000 with out-of-pocket expenses because of this flooding; his homeowner’s insurance will not cover outside flooding.

 

Trustee Chessler inquired of Mr. Gardner if Mr. Connors or anybody from the Commissioner’s office ever proposed a solution or a fix for the problem that is affordable, or any possible solution.  Mr. Gardner explained that nobody had ever proposed any solution and had been told there was no funding.

 

Trustee Haines inquired of Mr. Gardner if it had recently been expressed (that there was no funding), adding that currently there are monies available.  Mr. Gardner explained that he gave up the fight three years ago after many years of trying to get some resolve or repairs.  Mr. Gardner stated that Scott Ferguson, Gary Connors and Anna Capaldi have all been out, but it has always been the same thing, no funding available.  Mr. Gardner explained that downstream near Roxbury Avenue, the ditch was cleared out and rocks were put in and they got rid of the sediment; this helped to a point because it let some of the pressure out of the pipe system.  Mr. Gardener stated that the problem is that the pipe was installed in 1976 and it’s corrugated steel pipe that has corroded and rusted.  Mr. Gardner explained that one hole is large enough for a man to fall through and the hole that he is contending with right now is a good 18 inches in diameter; not to mention that there are a few fishing holes cropping up through the neighbors’ yards as well as his.  Mr. Gardner stated that when it rains, it literally looks like a geyser squirting out of the ground.  Mr. Gardner stated that he cannot let his children in the back yard to play for fear they will fall into this pipe. 

 

Trustee Haines relayed that he has worked with Commissioner Regula on several projects in the past acknowledging that there are monies available because of the county sales tax.  Trustee Haines stated that he would be happy to reach out to Mr. Regula and County Engineer, Keith Bennett regarding this matter.  Trustee Haines explained that Gary Connors is the Hydraulics Engineer who works at the county engineer’s office, but added that he would try to arrange having them meet at Mr. Gardner’s property to see if they could look at this situation.  Trustee Haines briefly indicated that in the past there really were no monies available, but since the county sales tax passed in the last three years, they are putting money back into the system.  Trustee Haines inquired if Mr. Gardner would leave his contact information after the meeting and he would reach out to these gentlemen to meet at Mr. Gardner’s property.

 

Trustee DeChiara indicated that Mr. Gardner should get the ditch drainage form filled out and get it back to the county as soon as he can to get this process started.  Trustee Haines indicated that he had that form available for Mr. Gardner and encouraged him to fill that out and send in right away indicating again that he would reach out to Mr. Regula and Mr. Bennett to schedule a meeting at Mr. Gardner’s property possibly next Tuesday.

 

Trustee Chessler also indicated to Mr. Gardner that along with the form, he should reference that he has gone through this process before so that they know this is not a first-time problem.

 

Trustee Haines explained to Mr. Gardner that the form will ask for the drainage easement and added to please indicate that as it would be helpful information as well.  Road Superintendent Masalko also indicated to Mr. Gardner that by submitting this form to the Commissioners on-line,  it would speed the process.

 

 

 

Adjournment:

 

With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 8:10 pm; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

 

 

                                                                                                                                                                                                               

 

Doug Haines, President                                                                                                 Joe Schlegel, Fiscal Officer

 

 

 

 



Regular Meetings 

The Perry Township Board of Trustees meets in Regular Meeting format on the first and third Tuesday of every month at 7:00 PM.   

The meetings are held at the Township Hall located at

3111 Hilton Street NW

in Massillon. Regular Meetings include reports by Department Heads, the Law Director, and the Township Administrator.  The public is welcome to offer comments during the Public Speaks portion of the agenda on township related matters.

 

Perry Township Board of Trustees

 

Regular Meeting

 

May 3, 2016  7:00 pm

 

 

 

Call to Order/ Pledge of Allegiance:

 

Excused absence:  

 

 

 

Additions/Deletions to Agenda:

 

Public Hearings/Invited Guests:

 

Tony Spitale~ION Power Agent

 

Trustee Haines stated that we have two invited guests here this evening adding that he had previously met with these two individuals several weeks ago regarding an energy audit.  Trustee Haines welcomed and introduced Tony Spitale and Rob Balizet to come forward to make their presentation before the Board.

 

Tony Spitale again introduced himself indicating that he lives in Massillon, Tuslaw district and gave his appreciation to the Board for having them here this evening.  Rob Balizet introduced himself and indicated that he is a resident of Perry Township in the Richville area.  Mr. Spitale stated that they represent a company called ION Marketing Group and indicated that what their group does is help save money on utilities.  Mr. Spitale gave a brief outline of their partnering with National Utilities Refund in performing a utility audit to ultimately find any savings recommendations.

 

Trustee Haines inquired of Mr. Spitale if he would please give further explanation should a reduction be found.  Mr. Spitale explained that whatever reduction would be found, the Township would keep 50% of this reduction amount and the Township would be billed for the remaining half of the reduction amount for a period of two (2) years.

 

Trustee Haines also shared one of Mr. Spitale’s examples of a food service company wherein they were not aware that they were paying taxes on all of the natural gas that they were using.  When they could prove that the natural gas was used for cooking measures versus heating, they did not have to pay taxes on that.  Trustee Haines verified that this was just an example of showing something that might be underlying that we aren’t aware of.

 

Mr. Spitale gave another example and added that utility companies are not going to contact you; they rely on you contacting them.

 

Trustee Chessler inquired how long this process takes.  Mr. Spitale stated that it depends, but generally 6-8 weeks, depending on what they are getting into. 

 

Trustee Haines inquired on whether the refund or reduction rates were negotiable in that instead of 50%, it would be 40% or whether instead of two years, it could be one year.  Mr. Spitale explained that is not normally negotiable, but added that if there would be a very large refund, they would definitely consider the percentage rate.  Trustee Haines verified of Mr. Spitale that this would not then be part of the initial contract.  Mr. Spitale confirmed that it would not. 

 

Law Director Hall confirmed of Mr. Spitale that the only time and labor commitment of the Township would be to provide a copy of each of the most recent utility bills; we would not have to go back and provide bills from the last 36 months.  Mr. Spitale stated that was correct and added that copies of the contracts of the gas, electric, telephone and trash would also be needed.

 

Trustee DeChiara referred to the paperwork before the Board from ION Marketing and verified of Mr. Spitale that regarding gas prices, if they would try and find the Township the best deal.  Mr. Spitale stated that was correct and added that they would contact all the suppliers in Ohio and get the best price.  Trustee DeChiara inquired if they did energy audits in regard to lighting, for example, going to LED lighting.  Mr. Spitale stated that they partner with experts regarding that type of thing.  Trustee Haines referred to the additional contact information, Erin Baker, TPI Efficiency Consulting, in the attached supporting documents regarding this area.  Trustee Haines stated that should we receive any saving reduction monies, the money we would receive from those savings could possibly be used to convert lighting to LED since that would be considered a savings.  Trustee Haines stated that this would be a Phase II type of matter and gave a brief summary of the step process regarding this.

 

Trustee Haines inquired of Law Director Hall if he had any input recommendations.  Mr. Hall stated that regarding the Board’s discretion, considers this to be a no risk agreement as far as the Board’s perspective; if they don’t find anything, other than the time that it takes the Administrator and the Department Heads to find the various contracts and agreements.

 

Trustee Chessler stated that Perry Township is a member of the Stark Council of Governments and added that Stark Council of Governments have engaged an energy broker to go out for natural gas and strike a price that would be for a one to two year program.  The Perry Township buildings that consume natural gas are locked into that for gas and light.  Trustee Chessler also stated that the Township itself is on the county’s gas aggregation program and they negotiate a supplier for a one year period.  Trustee Chessler also added that this is an opt-out program and added that we (the Township) are not allowed to encourage people to get out of the deal.

 

Trustee Chessler made a motion that the Board of Trustees enter into the proposed agreement with ION Power Agent for purposes of conducting the proposed energy audit on the terms that have been outlined and reviewed by the Law Director; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Haines, yes.  Mr. DeChiara, yes.

 

Trustee Haines indicated to Mr. Spitale and Mr. Balizet that their point of contact would be Administrator Fetzer regarding this audit process. 

 

Communications: 

 

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 $10,607.19 for the week ending April 26, 2016 and bills and payroll in the amount of $262,016.14 for the week ending May 3, 2016 for a combined total of $272,623.33; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Fiscal Officer: 

 

Consider Accepting 04/19/16 Meeting Minutes

 

Trustee Haines made a motion to accept the meeting minutes from April 19, 2016; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Administration: 

 

Consider the Resignation of the Zoning Inspector Position

 

Trustee Haines indicated that we will make note that Mr. Weckbacher is going to retire, but an official resignation will be forthcoming at the next meeting.  Trustee Haines stated that we wanted to have this publically discussed in order to move on the next item on the Agenda.  Trustee Haines stated that this matter will officially be tabled until the next meeting.

 

Consider the Advertisement of the Zoning Inspector’s Position

 

Trustee Haines stated that we will consider the advertisement of the Zoning Inspector’s position since Mr. Weckbacher will be retiring by the end of this month.  Trustee Haines indicated that we will need to begin the process so that we are not without a zoning inspector or if we are without one, it will be for as little time as possible; with Butch Kraus acting as the Assistant Zoning Inspector.   

 

Trustee Chessler inquired of Law Director Hall if we would need to review this position.  Mr. Hall briefly indicated that the position had been recently updated as a result of the hiring of the Assistant Zoning Inspector, but added that it should be reviewed to see if any adjustments would be needed.  Trustee Haines indicated that Administrator Fetzer had previously provided this information and requested that she copy this information to Trustee Chessler and Trustee DeChiara.  Administrator Fetzer confirmed this request. 

 

Trustee Chessler relayed to Zoning Inspector Weckbacher that if there was anything he could communicate, either from personal experience or something in writing, that is a requirement that cannot be met or isn’t there that should be added (to the position of Zoning Inspector); any suggestions from his years of experience would be appreciated.

 

Trustee Chessler stated that we be circulating and reviewing the job description and added that there were points of advertised listed.

 

Trustee Haines stated that it would be nice if we could get this Zoning Inspector position posted before the next meeting; if we could review this and get back to Law Director Hall that we have approved this, Administrator Fetzer can get this posted by early next week.

 

Trustee Chessler briefly stated that we will authorize Law Director Hall to get this out and will go from there.

 

Consider Discussion of Maintenance/Mechanic Position and Related Topics

 

Trustee Haines indicated that this next agenda item involves both the Police and Fire Chiefs and all three (3) Trustees; Trustee Haines stated that Chief Pomesky and Chief Martin have jointly done some interviews. 

 

Chief Martin indicated that they have three (3) candidates that were moving forward to the next step in the process.

 

Trustee DeChiara stated that as he has stated in the past, he would like to see the Maintenance Garage become its own department, not under the fire chief or the police chief; they would have a Superintendent of the garage.  Trustee DeChiara stated that he would like to see the Road Department and the Fire and Police Department under one (1) maintenance garage, whether we share the costs by thirds or we share the costs by a billing system to the  departments.  Trustee DeChiara stated that again, as he has mentioned previously, thinks that the maintenance person is a qualified or appropriate person to be doing building maintenance.  Trustee DeChiara added that even if in the past, the Board has felt that the Department heads can do that work, so be it, but added that he has seen too many occasions where it can be bolstered and improved by having somebody who can do this.  Trustee DeChiara indicated that this would be a part time position and added that possibly that person would answer to the garage superintendent.

 

Trustee Haines stated that he understands the points that Trustee DeChiara has discussed and added that he has taken a look at this when they first started this process.  Trustee Haines indicated that there is a lot of road specialty stuff out there and to join all under one roof, neither facility at this point can handle this.  Trustee DeChiara stated that it doesn’t mean that the two can’t be in separate buildings working under the same supervisor.

 

Trustee Chessler briefly indicated when the structure for the maintenance building was conceived and built, the configuration was purposely next to the fire department and administration so that the work that was related to those vehicles could be done; the Road Department has always been in a separate location.  Trustee Chessler stated that logistics-wise, he wasn’t sure how we would join these, but in theory, the management and funding are something we could look at.

 

Trustee Haines stated that we will wait to hear back from both Chief Martin and Chief Pomesky and their recommendations for mechanics.  Trustee Haines stated that on his way to the meeting this evening, he saw that Zach was working after hours.

 

Trustee Chessler indicated that he didn’t think that the instances that have occurred wherein someone  attempted to go above and beyond their job responsibilities, it was just that a job needed to be done and it was a cost savings to have somebody that was here and if they were able to do it, to just go do it.  Regarding some things that have been identified such as electrical work and things that are more regulated, requiring permits and/or certifications, Trustee Chessler agreed that we need to look at that to see if the cost would justify somebody on the staff to do whatever level of work we have or whether or not we can continue to contract out those things on an as-needed basis.  Trustee Chessler indicated that these are some of the things we will need to look at more closely.

 

Fire Department:

 

Consider Resignation of David Phillips

 

Fire Chief Martin stated that the Fire Department is requesting that the Board of Trustees accept the resignation of part-time Fire Medic David Phillips effective May 3, 2016; he has accepted a fulltime position for the city of Steubenville.  Chief Martin stated that although he hates to see part time people leave, there is a good side to this; we obviously trained somebody and schooled them wherein another agency decided to hire them full time. 

 

Trustee Chessler made a motion that based on the letter the Board has received, we accept the resignation of David Phillips, effective May 3, 2016; Seconded by Trustee Haines.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Chief Martin stated that just so the Board knows, and adding that Trustee Chessler and Law Director Hall will appreciate the fact that the Assistant Fire Chief in Steubenville is Mike Taylor.  Law Director Hall stated that we have to include a no recruiting clause in the next contract (laughter).  Chief Martin stated that Mike is a good guy and Dave is going to go to a good department.

 

Consider Emergency Repairs to Medic Unit

 

Fire Chief Martin stated that the Fire Department is requesting that the Board of Trustees authorize the payment of $3,498.05 to Progressive Chevrolet, 8000 Hills and Dales, P.O. Box 997, Massillon, Ohio 44648 for emergency repairs to the 2009 Medic Unit.  Chief Martin indicated that some of the repairs could only be done by Progressive, and some of them Zach opted not to do and had Progressive do so the cost was up a little.  Chief Martin added that there really was no way to obtain an estimate regarding this repair.

 

Trustee Chessler stated that based on the circumstances, made a motion that the Board approve payment in the amount of $3,498.05 to Progressive Chevrolet for emergency repairs to the 2009 medic unit; Seconded by Trustee Haines.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Consider Purchase of Fire Hose

 

Fire Chief Martin stated that the Fire Department is requesting that the Board of Trustees authorize the purchase of 2500 feet of 5-inch large diameter supply hose from Finley Fire Equipment at a total purchase price not to exceed $17,460.00.  Chief Martin referred to the outline he included in his memo to the Board regarding this request.  Chief Martin explained that currently, fire department apparatus are equipped with 4-inch large diameter hose (LDH) which has reached the end of its 20 year service life. 

 

Trustee Haines inquired that if during the process of converting the 4-inch LDH over to 5-inch LDH this would be interchangeable.  Chief Martin confirmed that it would be, adding that adapters can be added that would go to 4 and 5, but explained that we will put the 5-inch where we think it would be best served.  Chief Martin indicated that this is so we don’t have to buy a lot of extra adapters since the adapters are very expensive. 

 

Trustee Chessler referred to Chief Martin’s memo outline regarding the annual hose testing wherein  Chief Martin indicated that as a result of the annual hose testing, we have experienced a steady loss/failure of 4-inch LDH.   Trustee Chessler inquired what this looks like, the loss/failure and inquired if it would burst.

 

Chief Martin gave a brief description of several things that determine loss/failure and added that the fire department is getting ready to do hose testing and as anticipated, will lose several hundred feet of hose during this process since it has reached its service life.

 

Chief Martin also indicated that the City of Massillon Fire Department and Jackson Township Fire Department were also currently in the process of converting their 4-inch LDH over to 5-inch LDH allowing us to take part in a group purchase that will significantly lower the cost of the LDH.

 

Chief Martin indicated in his memo outline that the fire department had also obtained one other quote from United Fire Apparatus in the amount of $24,402.00.

 

Trustee Haines made a motion that the Board authorize the Fire Department to purchase 2500 feet of 5-inch large diameter supply hose from Finley Fire Equipment at a total purchase price not to exceed $17,460.00.  Trustee Haines noted that in regard to the additional quote from United Fire Apparatus in the amount of $24,402.00, this is a savings of approximately $7,000 through this co-op purchase; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Police Department:

 

Consider the Purchase of Armada Group Inc. Services

 

Police Chief Pomesky stated that the Police Department is requesting that the Board of Trustees consider the approval of the Armada Group invoice for the software and network services for 3 connections.  The total cost is $3,744.00.  Chief Pomesky gave some brief details regarding this request.

 

Trustee Chessler made a motion that the Board approve payment on behalf of the Police Department to the Armada Group, Inc. toward that subscription fee for software network services for the connections to the Township at a cost not to exceed $3,744.00; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Road and Park Department:

 

Consider Police Department Assistance in Perry Parks

 

Road and Park Superintendent Masalko indicated that he communicated to Police Chief Pomesky, via email, the request of the Police Department’s assistance to the Parks Department by way of extra patrol at Perry and Summerdale Parks by doing brief inspections in the evenings, and extra patrol throughout the evenings and locking and unlocking the restroom doors in the evenings, weekends and holidays.  Police Chief Pomesky confirmed this request and indicated that the extra patrol was to be effective, Monday, May 2, 2016. 

 

Road and Park Superintendent Masalko stated that he is requesting the Board’s authorization to install security lighting in front of the Perry Park restrooms.  Mr. Masalko indicated that he would suggest that a private contractor install a light on one of the existing stadium lights at Perry Park that would aim toward the restrooms or would suggest that we request the services of Ohio Edison to install lighting.  Mr. Masalko stated that he does not think Ohio Edison would install lighting on an existing pole, but would rather install their own pole which would be an extra expense. 

 

Trustee Haines inquired if there had been any more vandalism damage since the new deadbolts were installed.  Mr. Masalko confirmed that there has not been any more vandalism damage and added that they have taken extra measures, per the photographs before the Board, to try and vandal-proof these areas.

 

Trustee Haines inquired if Mr. Masalko was requesting the Board to make a motion regarding a specific cost regarding the lighting installation.  Mr. Masalko indicated that he would obtain estimates and if it would be more than he was permitted to approve, he would then make a request before the Board.

 

Law Director:

 

Zoning:

 

Consider Variance Waiver Fee

 

Trustee Haines stated that Perry Local Schools are requesting the Trustees to waive the fee of $175.00 for a variance; they would like to install a new sign in front of Perry High School that will not meet zoning regulations.

 

Zoning Inspector Weckbacher explained that Perry High School would like to place a sign that is larger than what is allowed in a residential area and they also want the sign to be an electronic message center.  Mr. Weckbacher indicated that in order to request a variance, the school has asked the Board of Trustees to waive the variance fee in the amount of $175.00; this variance matter will go before the Board of Zoning Appeals for the Monday, June 13, 2016 meeting.

 

Trustee Chessler verified that the $175.00 was the variance application fee.  Zoning Inspector Weckbacher stated that was correct.  Trustee DeChiara inquired if there was a large size difference.  Mr. Weckbacher stated that the size of the sign that is allowable is only a 32 square foot sign; the school is asking for larger than that.  Regarding the electronic message center, they are going to be asking for three variances; one fee for this request:  the sign is larger than what is allowed; the electronic message center should not be in a residential area; and the electronic message center should only make up to 50% of the entire sign (with an electronic message center, 50% should be sign, 50% electronic message center).

 

Trustee Haines verified that there is already one (Perry Local Schools) electronic message center on Route 172.  A brief discussion regarding this matter followed.

 

Trustee Haines made a motion that the Board of Trustees waive the fee of $175.00 for a variance for  zoning resolution 1302.31 for the Perry Local School District; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Trustee Chessler inquired of Zoning Inspector Weckbacher if anything would be submitted in advance regarding this matter or if it would be possible to have some conversation before this variance request takes place.  Trustee Chessler added that putting a sign like this in a residential area, it may do well to have some conversations first to see what the community temperature is, what the extent and magnitude of this sign is going to be so at least people would not be caught off guard with this.

 

Law Director Hall stated that there is nothing that prohibits extra notices, whether it be done by regular mail or by posting a notice on the website to publicize that there will be a public hearing with explanation concerning this matter.

 

Trustee Chessler stated that he would like this to be shared with the school personnel as well to let them know that we would like to get word out into the neighborhood of what the school is proposing to do so that no individual would be caught off guard; if they would like to support this or oppose this, they would have the chance to do so. 

 

Trustee Chessler inquired of Zoning Inspector Weckbacher who the chairman of the Board of Zoning Appeals was and asked if it would be proper to review things like this in advance.  Mr. Weckbacher indicated that the Chairman of the Board of Zoning Appeals is Larry Wilhelm.  Trustee Chessler stated that the electronic message center signs are a significant change in the landscape and inquired of Zoning Inspector Weckbacher if he could get back to him in this regard.  Mr. Weckbacher confirmed this request.

 

Problem Properties~

 

Law Director Hall asked if he could intervene briefly; indicating that looking at this list of properties, both the Zoning Inspector and Assistant Zoning Inspector have been working very hard to make progress on some of these properties.  Mr. Hall indicated that we have run into a manpower financial snag and added that he had sent an email to the Board on the 26th in reference to this matter.

 

Mr. Hall stated that in regard to high grass and weeds, there is a mowing plan with contractors in place.  In regard to the removal of trash and debris, there is no personnel in place to go out and pick up the junk tires and bags of garbage and barrels of trash that are left  laying in side and back yards.  Mr. Hall stated that Road and Park Superintendent Masalko had indicated that his personnel is very tight and it is enough for them to take care of mowing at the parks.  Mr. Hall stated that one of the questions that he and Zoning Inspector Weckbacher had discussed was whether some of the mowing contractor personnel would be willing to pick up the junk trash and debris; the cost of their hourly rate would still be the same amount but the assessment to the property would be included on the resident’s tax bill.  Mr. Hall stated that he certainly doesn’t expect Mr. Weckbacher and Mr. Kraus to go out with a trash bag and dump truck to pick up stuff, but this seems to be the easiest category to deal with.

 

Mr. Hall indicated that in regard to junk or abandoned motor vehicles, there has been a change in the Ohio statute as far as the Township declaring them as junk motor vehicles and ordering them to be hauled away.  The change has come from the salvage dealers, towing companies and the scrap yards; it has become cost prohibitive for most of those companies, they just don’t want to do it.  The statute has provided that when you tow from private property, whether it government or because it’s posted, they are only allowed to charge $90.00 for the two, $12.00 per day that it is impounded, but more importantly, they cannot scrap or salvage that vehicle until they have followed some pretty strict notice requirements to the property owner and the lien holder.  Once they do this, they can scrap and salvage it.   Mr. Hall stated that in the past, the companies that Zoning Inspector Weckbacher has used to do this type of work are no longer interested in doing it. 

 

Law Director Hall stated that what he is suggesting is that we prepare a request for recommendation and request for qualifications and start within the Township to several tow truck companies/salvage yard haulers that meet that definition to come in with a proposal so that they could be the go-to company for the Township.

 

Law Director Hall stated that lastly, in regard to the infrequent occasions when the Township has taken action to either take down a building or to do repairs to the building, we have made sure that there has always been the proper letter from the fire safety inspector or health department or the building inspector that the building is deemed bad and needs to be repaired or removed.  Mr. Hall indicated that the problem is one of cost; the cost of demolition has gone up because of the expense of remediation and the expense of disposal of those types of materials.  Mr. Hall stated that this matter is the least frequent and least expensive of the zoning matters, but added that before he and Zoning Inspector Weckbacher go forward, would like to put together a request for qualifications and try to solicit some companies and get them on board with us to make sure that we are strictly following those statutory procedures.  Mr. Hall indicated that now is the time to do this since there is soon to be a change in personnel so that there is a standard operating procedure and have the standard operating guidelines and protocols in place to make sure that they are being properly followed. 

 

Trustee Haines verified Mr. Hall’s suggestion of having a subcontractor or local towing company to take care of junk or abandoned vehicles and possibly having the mowing contactors take care of the trash and debris disposal to speed up the process of the problem properties.  Mr. Hall stated that was correct.

 

Trustee Haines also inquired of Mr. Hall if in either of these types of situations the police would accompany them.  Mr. Hall stated that it has been on rare occasion in reference to threats, but the police have always been very helpful in situations such as this.  Mr. Hall indicated that he will work with Zoning Inspector Weckbacher to get this together and have a formal proposal before the Board.

 

Law Director Hall indicated that zoning can give notice to have a property cleaned up or else, but then the or else becomes how do we physically do this. 

 

Trustee DeChiara inquired what happens when we reach out to a contractor for clean up and then assess  these charges to the property taxes, but the property owner may not pay their property taxes, do we then have to begin foreclosure procedures to foreclose on their property in able to recover the Township’s expenses.  Law Director Hall indicated that when we hit that limit, we can ask the county treasurer to initiate a tax foreclosure.  Trustee DeChiara verified that if this situation would come about wherein a property owner has not made right on their taxes for years, if we or the county would sell a property, we would get somebody in there that will take care of it.  Law Director Hall stated that was correct.  Law Director Hall indicated to Trustee DeChiara that he did not want to mislead him, but added that this would be a lengthy process; sometimes an 18 to 24 month process, but yes, the Township would recover our expenses eventually. 

 

Law Director Hall stated that they would put together a protocol, a standard operating procedure and then hopefully have the names of companies and mowers or whoever is willing to step up to do this work. 

 

Trustee Chessler stated that his question is this; given to what has just been said, under the Agenda item with the five listed properties, are these all on hold.  Mr. Hall stated that he would defer to Zoning Inspector Weckbacher since there has been some progress, but he wanted to take this discussion first.

 

Zoning Inspector Weckbacher indicated that the property on Delaware has been all cleaned up, but indicated that the other properties are still on hold.  The property on Beth Avenue is going to be one of those that the buildings are wide open and may be considered demolition material.  Mr. Weckbacher indicated that we are still working on these other properties and are still receiving more complaints.

 

Trustee Chessler inquired about the property on Richmont owned by Mr. Chambers; if this was also tax delinquent.  Law Director Hall indicated that he would check on this.  Zoning Inspector Weckbacher indicated that he does not believe this property is behind on taxes since the property was in the resident’s wife’s name. 

 

5232 Beth Ave. SW          – on hold

 

4080 Richmont St. SW    – on hold

 

1205 Delaware Ave. SW – has been cleaned up

 

127 Saratoga Ave. SW    – on hold

 

1239 Whipple Ave. SW – on hold

 

 

 

Trustee Chessler stated that we will be looking forward to a predicate program for these properties.  Mr. Hall added:  and also the recommendations of more than one contractor to step up and do that work.  Trustee Chessler indicated that we will have the remainder of these on hold properties still waiting for this program to come about.  Zoning Inspector Weckbacher confirmed yes.

 

Executive Session(s): 

 

Department Matters Not Requiring Board Action:

 

Administration:

 

Fire Department:

 

Police Department:

 

Road Department:

 

Parks/Recycling:  

 

Zoning:                

 

Law Director:

 

Upcoming Events:

 

~Operation Flags of Freedom – Memorial Day Weekend Hosting free concert on Saturday, May 28th at 6:00 pm featuring Nashville Country Recording Artist Ricky Lee – Remote Broadcasting K-105 (12 to 2 pm) Visit: www.perrytwp.com for event details.

 

~Perry Township Fire Department – HERO 5K Run-Walk on Memorial Day, Monday, May 30th beginning at 8:30 am.  Run for the HERO in your life!  Register at: www.runsignup.com.

 

~Perry Township Party in the Park! (formerly Taste of Perry) Saturday, July 9th Noon to 8:00 pm at Hartwick Park – Enjoy All Day Events and Entertainment – Special Features: Mix 94.1 Remote Broadcasting and the Blues Band – TRIPPER from 5:00 to 7:00 pm.  Sponsored by Aqua.  Additional event details at www.perrytwp.com.

 

Public Speaks-Open Forum: None.

 

Adjournment:

 

With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 7:50 pm; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

 

 

                                                                                                                                                                                                               

 

Doug Haines, President                                                                                                 Joe Schlegel, Fiscal Officer




Regular Meetings 

The Perry Township Board of Trustees meets in Regular Meeting format on the first and third Tuesday of every month at 7:00 PM.   

The meetings are held at the Township Hall located at

3111 Hilton Street NW

in Massillon. Regular Meetings include reports by Department Heads, the Law Director, and the Township Administrator.  The public is welcome to offer comments during the Public Speaks portion of the agenda on township related matters.

 

Perry Township Board of Trustees

 

Regular Meeting

 

April 19, 2016  7:00 pm

 

 

 

Call to Order/ Pledge of Allegiance:

 

Excused absence:  Trustee Haines

 

 

 

Additions/Deletions to Agenda:

 

Public Hearings/Invited Guests:

 

Communications: 

 

Public Speaks on items up for Board Approval: None.

 

Township Business requiring Board Action: None.

 

Unfinished Business:   None.

 

New Business:

 

Trustee Chessler made a motion to approve bills in the amount of $43,016.24 for the week ending    prior to this and bills and payroll in the amount of $272,323.87 for the week ending today, April 19, 2016     for a combined total of $315,340.11; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. DeChiara, yes. 

 

Fiscal Officer: 

 

Consider Accepting 4-5-16 Meeting Minutes

 

Trustee Chessler makes a motion that the minutes as submitted be approved; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Administration: 

 

Fire Department:

 

Police Department:

 

Road and Park Department:

 

Consider Approval of the 2016 Paving Program

 

Trustee Chessler indicated that Road Superintendent Masalko has been set to the task of trying to make the paving budget go as far as we can this year.  Trustee Chessler stated that regarding the recently passed levy, he added that he knows everyone would like to get their street paved as soon as possible, but that is not possible so we have tried to address the worst first.  Trustee Chessler stated that Road Superintendent Masalko has come up with a proposed list of streets that the Board has received.

 

Road Superintendent Masalko stated that due to the light winter, we were able to put $100,000 toward paving.  Mr. Masalko referred to the spreadsheet of the proposed list of streets, before the Board, and indicated that these were the worst streets in the Township.  Mr. Masalko added that he knows that there are still streets that should be paved, but the funds are just not there. 

 

Trustee Chessler indicated that we will get to those and verified of Road Superintendent Masalko that the total cost of $312,146.46 is the amount of money that was allocated for paving this year.  Mr. Masalko confirmed that was correct.

 

Trustee DeChiara inquired of Road Superintendent Masalko what the approximate mile for the paving program was.  Mr. Masalko stated that he did not calculate that out per mile, but per Trustee DeChiara’s indication, confirmed that the price went down $2.00 per square yard for asphalt. 

 

Trustee Chessler verified of Road Superintendent Masalko that with this submission if he was asking the Board tonight to approve the solicitation of bids.  Mr. Masalko confirmed that was correct.

 

Trustee Chessler stated that he will acknowledge receipt of the proposed paving list for 2016 and will make a motion that the Board of Trustees authorize the Road Superintendent, with the assistance of the Law Director, to prepare a solicitation for bids to complete the paving program this year; Seconded by Trustee DeChiara.

 

Trustee Chessler verified of Law Director Hall if there was anything else we needed to do at this time; Mr. Hall stated that this was sufficient.

 

Trustee Chessler inquired that inclusive of this motion was advertising being included; Mr. Hall stated that was correct.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Law Director: None.

 

Zoning:

 

Consider Zone Change – Case PE 01-16

 

Trustee Chessler indicated that the next item coming before the Board is a zoning case that has been identified as Case PE 01-16; it is a proposal that was submitted by Joe Stacy; it involves a vacant lot in the 100 block of Kolpwood Avenue NW in Perry Township Ohio; it is identified by the Auditor’s records as Parcel # 43-04170.  Trustee Chessler stated that as with each of these requests that we receive, it is noted that it is then referred to the Stark County Regional Planning Commission.  Trustee Chessler stated that he will note that the case before us tonight takes a lot that is currently zoned as B1 and the request is to change the zoning to B2.  Trustee Chessler added that on February 11, 2016 is when the case was forwarded; it was sent back from the Regional Planning Commission with their recommendation on March 14, 2016; the recommendation of the Stark County Regional Planning Commission was to approve this requested zone change.  This matter also went before the Perry Township Zoning Commission on March 17, 2016; prior to that the notification that this zone change was being applied for was published on February 29, 2016 and notices were sent to the property owner on February 29, 2016 as well.  The Zoning Commission conducted their hearing on April 19, 2016 and the publication of that was done on April 4, 2016 as well as sending notices to the property owner.

 

Trustee Chessler indicated that he would refer to the documents that we had received in our supporting documents tonight that were memorialized on the Zoning Commission hearing of March 17, 2016.  This property was identified as the 100 block of Kolpwood Avenue NW, Perry Township, Map 10 Southwest ¼  section.  The request is from the current zoning of B1 which is Office/Retail/Business District to B2 Commercial District. 

 

Trustee Chessler stated that he would like to highlight some of the notes from the Zoning Commission hearing:

 

  • The parcel proposed for rezoning is currently a vacant lot that is adjacent to two lots that are all owned by the applicant.  The general area consists of a mixture of commercial uses to the south, along Lincoln Way/SR 172, and single-family residential uses to the north.

 

 

 

  • ·         In 1987, the area to the south of the tract under consideration was rezoned to B-2 Commercial as part of the creation of a B-2 Commercial “strip” district along Lincoln Way/SR 172, despite RPC’s recommendation of denial.  At the time, RPC expressed concern that the proposed commercial district appeared to protrude deeply into the existing residential areas.  Some of the parcels rezoned to the B-2 district are over 500 ft. deep, extending the entire block depth to Bailey St.

 

 

 

  • Being that the property is surrounded to the immediate north by single-family  homes, staff believes that a buffer being established between the proposed B-2 district and the R-3 district to the north would help protect this neighborhood from this busy commercial corridor.  Section 607 of the Perry Township Zoning Resolution details landscaping and buffer yards when a B-1 or B-2 district abuts a residential district.

 

 

 

  • According to Section 711.3A of the Perry Township Zoning Resolution, the minimum lot area in a B-2 district is 20,000 square feet.  The lot proposed for rezoning is approximately 14,000 square feet.

 

 

 

  • On the amendment application, no specific proposed use for the parcel was listed.  Due to the subject tract not meeting the minimum lot area requirements in a B-2 district, staff would recommend that the Township consider requiring the applicant to formally combine the subject tract with the adjacent tract that has frontage on LincolnWay.

 

 

 

Trustee Chessler indicated that there were a series of questions and answers from the attending members of the Zoning Commission that night and they voted unanimously to approve the requested zone change. 

 

Trustee Chessler stated that he will note that the minutes reflect that Randy Kiste of 127 Kolpwood Ave. NW identified himself as the occupant of the house directly behind the lot as being requested to be rezoned; he and his wife were not opposed to this rezoning and added that they didn’t know what this meeting was about but wanted to be there to find out what the zoning was for.  Mr. Kiste also referred to the good condition of Mr. Stacy’s storage units at another location and added that anything was better than what is sitting at this location now.  There was no person at that meeting who spoke up to offer comments opposing the change.  Trustee Chessler referred to Mr. Stacy who is present this evening, as the applicant, if he would like to offer any further comments.

 

Mr. Stacy gave brief comments regarding this matter.

 

Trustee Chessler indicated that this requested zone change would expand the potential uses and potential buyers.  Trustee Chessler also referred to the Zoning Commission meeting minute comments referencing combining the lots; essentially erasing the interior lines so that you have one lot that would be zoned B2. 

 

Mr. Stacy gave some brief remarks regarding this matter. 

 

Trustee Chessler stated that he would ask, for the record, if there was anyone else in attendance tonight that wished to speak in favor of the zone change.  Seeing none, Trustee Chessler inquired of Trustee DeChiara if he had any other comments.  Trustee DeChiara briefly indicated that he was in favor of the zone change.

 

Trustee Chessler stated that he again would ask, for the record, if there was anyone in attendance tonight who wished to speak in opposition to the proposed zoning.  Trustee Chessler noted for the record that no one has indicated an interest in opposing this request.  Trustee Chessler inquired of Law Director Hall if there was anything else that we needed to do.  Law Director Hall verified that the Board just needs to take action; approve, deny or modify. 

 

Trustee Chessler stated that based on the review of the records that we have received from the Stark County Regional Planning Commission and the Perry Township Zoning Commission and based on the testimony tonight, makes a motion that the Board of Trustees adopt the recommendation of approval from the Perry Township Zoning Commission; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Consider Approval of Mowing Contractors for 2016

 

Trustee Chessler stated that as we do every year, the Board solicits and reviews and approves mowing contractors that will be called upon on behalf of the Township to mow lots that are deemed in violation of our zoning and maintenance code.  The Zoning Inspector has submitted to the Board a memo indicating five (5) applications that have been received and reviewed by the Law Director who returned the applications and met the requirements; those are:

 

  • ·         Sees Lawn Care
  • ·         Gino’s Lawn Service
  • ·         Grow and Mow, Inc.
  • ·         Cardinal Landscaping and Maintenance, LLC
  • ·         Invision Landscaping

 

 

 

Trustee Chessler stated that those five (5) companies would be used on a rotating basis, as needed, throughout the mowing season.

 

Trustee Chessler made a motion that based on this information we have received, the Board approve and accept the five (5) contractors as approved contractors for the upcoming season; Seconded by Trustee DeChiara.

 

Fiscal Officer Schlegel inquired if the established rate of $40.00 per hour had to be included in the motion.  Trustee Chessler indicated that this would be included in the minutes and added that this motion has been moved and seconded to accept the mowing contractors as submitted.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Trustee Chessler stated that the Board will establish by these minutes that as needed, when the mowing contractors are engaged, they will be paid at the rate of $40.00 per hour.

 

Consider Four Nuisance Properties for Approval for Next Step in Penalty Process

 

Trustee Chessler stated that the Board has received, as supporting documents, copies of letters that were addressed and sent to the owners of four (4) properties.  Trustee Chessler indicated that Zoning Inspector Weckbacher sent them a notice and in each case, they were allowed seven (7) days from the date of the notice to correct the violations.  Trustee Chessler indicated that he would not read the letters, but would read the dates and asked Zoning Inspector Weckbacher to please apprise the Board with a status update.

 

  1. 1.        March 11, 2016 – 5232 Beth Ave. SW.  Owner:  John Sanderson

 

                                                    (Zoning Dept. issued a Notice of Violation-Order to Correct Letter)

 

                                                    Nothing has been done to date            

 

 

 

  1. 2.        March 16, 2016 – 4080 Richmont St. SW.  Owner:  Guerney Chambers

 

     Parcels #43-03385 and #43-08473

 

                                                     (Zoning Dept. issued a Notice of Violation-Order to Correct Letter)  

 

                                                     Nothing has been done to date

 

 

 

  1. 3.        April 12, 2016 –     1205 Delaware Ave. SW. Owners:  Jose & Katie Medina

 

     (Zoning Dept. issued a Notice of Violation-Order to Correct Letter)

 

     The seven (7) day time period will end after today’s date 

 

 

 

  1. 4.        April 13, 2016 –      127 Saratoga Ave. SW.  Owner:  Helen Poulain

 

    (Zoning Dept. issued a Notice of Violation-Order to Correct Letter)

 

   They are in the process of cleanup, but the progress is very slow

 

 

 

Law Director Hall inquired of Trustee Chessler if he may please address the Board regarding the Chambers property.  Mr. Hall stated that the Board may recall that we previously took Mr. Chambers to court and received a default judgment and added that he believes this was only on his Southway property.  Mr. Hall indicated that he will double check, but believes that the Richmont property was not included in the original action.  Mr. Hall stated that he is aware of another enforcement action was taken against another Guerney Chambers property, but Mr. Chambers had deeded it over to his ex-wife, Mary Chambers.  Mr. Hall stated that since Mr. Chambers has been a problem participant, he would ask for the Board’s permission if nothing was resolved by the end of the week, we go forth in taking court action.  Trustee Chessler confirmed this request.

 

Trustee Chessler indicated that in years past, we could have done a better job at shortening the time that we take before the successive steps of enforcement.  Trustee Chessler stated that if Trustee DeChiara would be in agreement, we would like to give the Law Director the authority now to take whatever actions necessary so that there isn’t a delay of a two or three week period until the next time the Board meets.

 

Trustee DeChiara confirmed that request and added that if any of these property owners would contact the Zoning Department and makes a sincere effort, we would give them that latitude. 

 

Law Director Hall indicated that if someone does contact the Zoning Department or me or if they show a sincere effort, we would work that out; the courts want us to do that, but in regard to recurring individuals, sometimes you have to be more stern.

 

Trustee Chessler made a motion that the Board of Trustees authorize the Zoning Inspector, with the assistance of the Law Director, to take any further and appropriate enforcement action on each of the properties that have been previously identified tonight as being in receipt of a notice of violation in order to correct; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Trustee Chessler indicated that we will add these four (4) properties to our list and we will move on to the next step which is the review of the properties that were the subject of discussion last meeting. 

 

Problem Properties

 

1202 Saratoga – Zoning Inspector Weckbacher indicated that this is a matter with regard to a garage on the property.  Zoning Inspector Weckbacher stated that he has been in touch with Mr. Bruce Nist who has been the owner of this property for forty years.  Mr. Nist stated that he had a cabinet shop for about thirty years here and indicated that Perry Zoning had asked him that as long as he didn’t put a sign up and there was no foot traffic in and out, he was legal.  Mr. Nist indicated that approximately ten years ago, he started mowing grass and this is where he stores his mowing equipment.

 

Mr. Weckbacher stated that he relayed this information to Law Director Hall and Mr. Hall indicated that we should probably give him a nonconforming use permit.  Mr. Weckbacher stated that since our township zoning has been in place, the above referenced garage has never been used as residential adding that it can stay the same and if ever there is a change, it would have to come before the Board of Zoning Appeals to change from one nonconforming use to another.

 

Law Director Hall indicated that we have also been able to independently verify through the Stark County Auditor and Recorder’s records that this building was initially constructed in 1950 which is well before zoning and has always been taxed and used as a storage or warehouse building.  Mr. Hall stated that in his opinion, if this resident were to take any court action, it would not be successful and it would be deemed as a prior nonconforming use.  Mr. Hall stated that to document, for future inquiry, we need to issue a nonconforming use certificate specifically delineating that it should be for warehouse and storage only; that way if there is any attempted change in future use, then we can take action at that point.  Law Director Hall indicated that he and Zoning Inspector Weckbacher can do this without any formal action or acknowledgement by the court.

 

Trustee Chessler verified that a document will be issued to the current owner that the building is a nonconforming use specifically delineating its current use being warehouse and storage only.   Law Director Hall confirmed that was correct.

 

Trustee Chessler stated that this would satisfactorily resolve the complaint for the issue that was brought before the Board and added that this could be taken off of the list.

 

127 Saratoga Ave. SW – Zoning Inspector Weckbacher stated that this is one of the properties that he asked the Trustees to approve for further action.  Mr. Weckbacher stated that they have been working to clean up this property and added that a vehicle was removed; also indicating that if the property owner stalls in the clean up, we can go forth in court action.  Trustee Chessler indicated that this is a property where enforcement action must be commenced and it can be stopped or reversed in the event that clean up is moving forward.

 

Law Director Hall stated that this is a property with junk motor vehicles, trash and debris and added that it is not a major clean-up but added that it is just pushing the property owner to do the proper clean-up.

 

Trustee Chessler indicated that we will keep this property on the list.

 

1239 Whipple Ave. SW – Trustee Chessler indicated that Mr. Lones was here regarding this property.  Zoning Inspector Weckbacher indicated that the violation regarding the shed has been moved.  Law Director Hall stated that in regard to the other matters that were complained of on the record, he and Zoning Inspector Weckbacher and Assistant Zoning Inspector Kraus went to the property two days following the last meeting; the property owners were home and were actually working in the yard preparing for their daughter’s graduation party in the backyard.  Mr. Hall added that other than their shed being too close to the property line, there were no other actionable violations at that time.  This is the property that you would recall that has the boat artwork in their front yard.  Mr. Hall stated that he would be the first to admit that he doesn’t like it and would not want his neighbor to do this, but there is nothing actionable there. 

 

Trustee Chessler stated that there were some comments that Mrs. Lones offered to the Board regarding a dog.  Mr. Hall stated that Police Chief Pomesky was involved in that aspect.  Chief Pomesky stated that at the conclusion of the previous meeting, he went up to inspect the welfare of the canine and briefly indicated that he was alert, oriented and playful with acceptable conditions.

 

Trustee Chessler stated that in scanning over the minutes here, some reference was made to the business out of the home regarding tanks and water equipment in the back.  Law Director Hall stated that none of this was visible and none were there on the Thursday following the previous meeting.  Mr. Hall stated that there was a large, plastic water tank that was cut in half and the property owner was using it to store firewood, but nothing that was of a dangerous nature.

 

Trustee Chessler stated that the sense he was getting is that we need not keep this property on the list for further updates.  Law Director Hall stated that he did not think so.  Trustee Chessler referred to Trustee DeChiara inquiring if he had any comments or concerns.  Trustee DeChiara stated that if all of the zoning violations were in compliance, we would have no other concerns.

 

Trustee Chessler indicated that 1239 Whipple Ave. SW and 1202 Saratoga will come off the list; 127 Saratoga and the three other properties that were the subject of written notice of violation will remain on that list for further updates at the next meeting.

 

Trustee DeChiara indicated that one other violation at the Whipple Avenue property was in regard to the animal waste and according to the Police Chief, that has been rectified.  Chief Pomesky stated that he had reached out to the Health Department and followed up with the Halls explaining the proper way to dispose of the animal waste.

 

Trustee Chessler thanked everyone for the updates and added that it helps us all to keep better track.

 

Executive Session(s): 

 

Department Matters Not Requiring Board Action:

 

Administration:  None.

 

Fire Department:  None.

 

Police Department:  None.

 

Road Department:  None.

 

Parks/Recycling:  None.

 

Zoning: None. 

 

Law Director:  None.

 

Upcoming Events:

 

Trustee Chessler stated that he knows this was not on the Agenda, but wanted to offer an opportunity for the Police Chief and Fire Chief to weigh in; the Hall of Fame Marathon is coming up this weekend and referencing the proposed map, there is a good portion of this is coming through Perry Township.  Trustee Chessler inquired of Chief Pomesky and Chief Martin if we were prepared for this event.  Chief Martin indicated that the EMS portion of this is taken care of and stated that he believes Chief Pomesky has his portion in order as well.

 

Chief Pomesky stated that if we have a resident with a traffic concern and would need to get in or out, we had an itemized briefing for each officer and can plan an interception for them to get in and out from their residence and can accommodate and notify any one of the course marshals at the intersections so that they know that resident will be coming through at a certain time.

 

Public Speaks-Open Forum:  None.

 

Adjournment:

 

With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 7:30 pm; Seconded by Trustee DeChiara.

 

ROLL CALL:   Mr. Chessler, yes.  Mr. DeChiara, yes.

 

 

 

                                                                                                                                                                                                               

 

Craig Chessler, Vice President                                                                                    Joe Schlegel, Fiscal Officer



Regular Meetings 

The Perry Township Board of Trustees meets in Regular Meeting format on the first and third Tuesday of every month at 7:00 PM.   

The meetings are held at the Township Hall located at

3111 Hilton Street NW

in Massillon. Regular Meetings include reports by Department Heads, the Law Director, and the Township Administrator.  The public is welcome to offer comments during the Public Speaks portion of the agenda on township related matters.


 

Perry Township Board of Trustees

 

Regular Meeting

 

April 5, 2016  7:00 pm

 

 

 

Call to Order/ Pledge of Allegiance:

 

Excused absence:  

 

 

 

Additions/Deletions to Agenda:

 

Public Hearings/Invited Guests:

 

Communications: 

 

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 and payroll in the amount of $198,468.54 for the week ending March 22, 2016, no bills were paid the week ending March 29, 2016, and payroll in the amount of $287,037.66 for the week ending April 5, 2016 for a combined total of $485,506.20; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Fiscal Officer: 

 

Trustee Haines made a motion to approve the March 15, 2016 meeting minutes; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Administration: 

 

Consider Annual Township Highway System Mileage Certification

 

Administrator Fetzer indicated that the annual Township Highway System Mileage Certification for 2015 is attached before the Board, as well as the summary of the 2015 ODOT changes for Perry Township mileage.   Administrator Fetzer indicated that ODOT is requesting the Board’s signatures on the attached certification form which they will in turn process upon receipt; this signed document ensures that the Board of Township Trustees is in accordance with ORC Section 4501.04.

 

Trustee Chessler made a motion that the Board comply with and execute the interpretation from ODOT for the Township mileage; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Fire Department:

 

Consider Ohio Fire Chiefs Acting Officer in Charge Testing Fee

 

Fire Chief Martin stated that the Fire Department is requesting that the Board of Trustees authorize the expenditure of $2,800.00 to the Ohio Fire Chiefs Association to conduct testing to establish an Acting Officer In Charge (AOIC) list.

 

Fire Chief Martin indicated that the current Collective Bargaining Agreement established the position of Acting Officer In Charge (AOIC); the purpose of the AOIC position is to allow a firefighter to assume a supervisory position in the absence of a supervisor.  The CBA establishes that testing shall be done by the Ohio Fire Chiefs Association; the CBA requires that the AOIC examination shall be posted for thirty (30) days prior to the date when the examination shall be administrated; the date for the examination has yet to be determined.

 

Trustee Haines made a motion that the Board approve the Fire Chief to spend $2,800.00 to the Ohio Fire Chiefs Association to conduct testing to establish an Acting Officer In Charge list based on the union contract; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Consider Hiring Zack Bergmann as Temporary Vehicle Maintenance Employee

 

Fire Chief Martin stated that the Fire Department is requesting that the Board of Trustees authorize the hiring of Zach Bergmann as a temporary part-time vehicle maintenance employee effective April 5, 2016.  Mr. Bergmann will be paid an hourly rate of $20.68.  Mr. Bergmann will be afforded all benefits available to temporary part-time employees.  Mr. Bergmann’s total work hours not to exceed 1500 hours per year and/or an average of 28 hours per week. 

 

Chief Martin indicated that Mr. Bergmann will only be used on an as needed basis and added that Mr. Bergmann is familiar with Township vehicle maintenance issues and will conduct the work during the evening hours or on weekends.  Chief Martin also stated that this is a temporary assignment until a fulltime vehicle maintenance technician can be hired.

 

Trustee Haines indicated that he had spoken with Mr. Bergmann the previous day and added that Mr. Bergmann stated that once we hire a full time vehicle maintenance person, he would work with him and show him how we keep records and whatever else is needed. 

 

Trustee Chessler inquired of Law Director Hall in regard to this matter.  Law Director Hall stated that there was some discussion since Mr. Bergmann was doing some work prior to the Board’s approval.  Mr. Hall added that the question that the Board will have to decide is whether Mr. Bergmann will come in as a part-time employee, receiving PERS and other benefits or would he be an independent contractor which at that point, he would draft a contract and have Mr. Bergmann sign.

 

Trustee Chessler inquired of Chief Martin if there was some discussion about the nature of Zack’s relationship with this part time work.

 

Chief Martin stated that what he thought would be the most expedient is to hire Mr. Bergmann as a temporary employee.  Mr. Hall stated that he would suggest that the resolution should be included that as a temporary, part time employee he would receive worker’s compensation but no hospitalization or other benefits.  Fiscal Officer Schlegel verified that he would receive PERS; Mr. Hall stated that was correct.

 

Chief Martin indicated that he would be afforded all the normal benefits that we provide for any part time employee; no hospitalization or vacation.

 

Trustee DeChiara stated that he felt Zack would be a great fit but added that after speaking with Zack wanted to relay that he did not want to see him working on anything that was building maintenance related, only vehicle maintenance.  Chief Martin confirmed that the memo stated that Zack would work on the vehicles.  Trustee Haines confirmed that it would be vehicle maintenance only and added that it will be as needed. 

 

Chief Martin stated that Zack indicated that he has a form that will show the hours he has spent on either a police vehicle or a fire vehicle.

 

Trustee Chessler stated that based on that discussion makes a motion that the Board hire Zack Bergmann on a temporary, part time basis to be an employee of the Township for doing vehicle maintenance; the hire is effective today, April 5, 2016 and he will be paid an hourly rate of $20.68, the total work hours will not exceed 1500 hours per year and he will not be scheduled for more than an average of 28 hours a week; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Consider Hiring Jacob Little as Seasonal Ground Maintenance

 

Fire Chief Martin stated that the Fire Department is requesting that the Perry Township Board of Trustees hire Jacob Little as a seasonal grounds maintenance employee with the Perry Township Fire Department (total work hours not to exceed 1500 hours per year and/or an average of 28 hours per week).  Jacob will be required to follow and complete all requirements placed on seasonal employees.  Jacob will be afforded all benefits currently applicable to seasonal employees.  Jacob’s starting salary will be $11.00 per hour; starting date to be effective April 6, 2016.

 

Chief Martin stated that Jacob was employed by the Fire Department for part of 2015 as a ground maintenance worker and did an excellent job.

 

Trustee Chessler made a motion that Jacob Little be hired effective April 6, 2016 by Perry Township as a seasonal ground maintenance employee; not to work more than 1500 hours per year or over an average of 28 hours per week; he will also be required to complete all the requirements placed on seasonal employees and will be afforded all benefits currently available to seasonal employees and the rate of pay will be $11.00 per hour; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Police Department:

 

Consider the Purchase of Two (2) Patrol Cars

 

Police Chief Pomesky stated that the Police Department is requesting the purchase of two Ford Police Interceptor Sedans along with the required equipment to outfit them for the patrol division.  This purchase will replace aging patrol cars that are nearing the end of service life for the department.  This is not an addition to the fleet.

 

Chief Pomesky indicated that the patrol cars we are looking at are the Ford Police Interceptor Sedans.  The specifications for these patrol cars match the 2015 patrol car purchase.  This is being done to standardize the fleet so that the cars match with the layout promoting increased safety.  Specification sheets are attached before the Board.

 

The quotes from two (2) vendors are as follows:

 

  • Statewide Ford                                 $53,937.00

  • Waikem Ford                    $53,992.50

     

 

Chief Pomesky indicated that based upon reviewing the two (2) quotes submitted, his recommendation is to purchase the patrol vehicles from Waikem Ford.  While there is a minimal at best difference in price, the follow-up service that our patrol cars receive when repaired at Waikem Ford has always been exemplary.  Pricing listed meets the state bid.  Chief Pomesky also indicated that all of the outlined purchase requests this evening have been budgeted for.   

 

Trustee Chessler inquired of Chief Pomesky if this was the total price.  Chief Pomesky stated that was correct.  Trustee Haines inquired if this was a budgeted item.  Chief Pomesky confirmed that it was.  Trustee DeChiara inquired if that included all of the decals and equipment.  Chief Pomesky indicated that it does not but added that there are two other companion requests in that regard.   Trustee Haines verified that these quotes entail the cars coming from the factory. 

 

Law Director Hall indicated to Trustee Haines that even though the Waikem bid is slightly higher than the Statewide bid, they are still under the state purchasing price.

 

Trustee Chessler made a motion that the Board authorize the Chief to purchase two (2) Ford Interceptor vehicles from the Waikem Auto family at a total cost not to exceed $53,992.50; Seconded by Trustee Haines.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Consider Purchase of Digital Ally In-Car Cameras

 

Chief Pomesky stated that there is a need to purchase in-car camera recording equipment for installation in the patrol car.  With the 2015 vehicle purchases, we began the transition to Digital Ally model DVM-800 Cameras.  The in-car camera replaces the windshield mount rearview mirror.  This camera offers the ability to capture the forward facing view and prisoner compartment of the patrol car in dual stream in the field.  Video captured in the field will wirelessly transmit back to an evidence server inside the police department.  This purchase is being made direct from the company.  Total cost for this purchase is $8,200.92 for both cameras.  Installation of the cameras will be done by Fallsway Equipment and has been included in their quote.

 

Trustee Haines made a motion that the Board approve the Police Chief to purchase two (2) DVM-800 complete kits for a total not to exceed $8,200.92 from Digital Allay; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Trustee Chessler inquired of Chief Pomesky if these cameras came with training.  Chief Pomesky stated that they were pretty straight forward and gave a brief explanation of this.

 

Consider Purchase of In-Care Equipment Through Fallsway

 

Police Chief Pomesky stated that after conducting research in companies that install police equipment in patrol cars, he has identified Fallsway Equipment in Akron, Ohio as a viable company to outfit our patrol cars with the necessary equipment for them to function in the field.  The total list of equipment for purchase is itemized in the quote, attached before the Board.  Chief Pomesky indicated that there are very limited resources for companies that fully outfit police vehicles.  One of the benefits of utilizing Fallsway Equipment is that they not only install all of the police equipment for the vehicle, but they also supply and apply all the decals as well.  Total price for the equipment, decals and installations is $19,424.24.  This price also includes the installation of a radar unit, mobile radio, and in-car camera supplied by our department.

 

Trustee Haines inquired of Chief Pomesky in regard to the backseats being replaced with the plastic seats.  Trustee Haines also referred to the build for the police car and how it comes with a standard back seat further inquiring if that is something that we could eliminate on the build or if the back seat was standard with shipment.  Chief Pomesky explained that it is standard, adding that the reason they were changing the standard back seats to the plastics seats was because of the sanitary issues, a brief explanation given in that regard.  Chief Pomesky explained that this new back seat will allow us to sanitize the car in its entirety.

 

Trustee Chessler made a motion that the Board approve entering into an agreement with Fallsway Equipment Company for certain ancillary equipment to be provided to the police cruisers we are purchasing, more detailed information in the invoice they have provided, and the cost not to exceed $19,424.24; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Consider Resignation of Reserve Officer Rick Perez

 

Police Chief Pomesky stated that the Police Department is requesting that the Board of Trustees consider accepting the resignation of Reserve Officer Rick Perez.  Officer Perez started with the Perry Township Police Department in February of 2013 and he was a great addition to the department due to his many years of experience in law enforcement.

 

Trustee Haines stated that with regret makes a motion that the Board accept the resignation of Rick Perez effective as of April 1, 2016; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Road and Park Department:

 

Consider Hiring Seasonal Personnel

 

Road and Park Superintendent Masalko stated that the Park Department is asking the Board to add William Huff as a part time, seasonal employee for the Park Department.  The wage is $10.50 per hour; to work one day a week, roughly seven (7) hours per week, not to exceed 1500 working hours within a year; his job responsibilities will be:  the maintenance, mowing, weed-eating and tending to the Richville Cemetery.  Road Superintendent Masalko indicated that Mr. Huff has already completed the drug and alcohol testing as well as his drivers license background check. 

 

Trustee Haines made a motion that the Board hire William Huff as a part time, seasonal employee for the Park Department at a wage of $10.50 per hour; he will work approximately seven (7) hours per week, not to exceed 1500 hours a year and his responsibilities will be the maintenance, mowing, weed-eating and tending to the Richville Cemetery; start date effective April 5, 2016; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Road and Park Superintendent Masalko stated that the Park Department is asking the Board to consider adding Jason Spencer and Jerry Risher Jr. as casual, part time, seasonal employees for the Park Department.  Both gentlemen come highly recommended.  The wage is $10.50 per hour.  They will work 28 hours a week not to exceed 1500 working hours within a year.  Job responsibilities are:  general maintenance at park and recycle and yard waste sites, along with mowing and weed eating.  Start date will be effective immediately providing the drug and alcohol test comes back negative and the license background check comes back with no violations.

 

Trustee Chessler made a motion that the Board hire as casual, part time seasonal employees, Jason Spencer and Jerry Risher Jr.; to be paid at an hourly rate of $10.50 with the same limitations on work that being no more than 28 hours per week average and not more than 1500 per year; this being contingent upon satisfactory results from the drug and alcohol testing and we will authorize the Road Superintendent to establish the effective date; Seconded by Trustee Haines.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Law Director: None.

 

Zoning:

 

Consider Two Side Lot Program Applications for Board Approval or Denial

 

Zoning Inspector Weckbacher indicated that there are two (2) Side Lot Program Applications before the Board this evening through the Stark County Land Reutilization Corporation.  The first property is on the corner of Richville Dr., Keller Rd. SW; Zoning Inspector Weckbacher indicated that this parcel is vacant and overgrown; we have never cut the grass there and added that they have been delinquent on their taxes since 1965.  Mr. Weckbacher stated that an application has been made to acquire this property and approval from the Board is needed. 

 

Mr. Weckbacher indicated that the second property is on Bailey St. NW and added that the neighbor behind this property has made application to acquire this property; this has also been delinquent on taxes and added that we have cut the grass on this property.

 

Trustee Haines verified that any recourse the Township may have in regard to cutting the grass is waived as well as back taxes to the county.  Zoning Inspector Weckbacher stated that was correct adding that we will not need to cut the grass any longer and the applicant will then pay taxes on this property. 

 

Trustee Chessler stated that based on the information that has been presented tonight, the Board is to consider two (2) Side Lot Program Applications; the first one for the property located on Keller Rd. SW, Canton, OH 44706, Parcel l# 4306957 and the second one for the property located on Bailey St. NW, Massillon, OH, Parcel # 4315107, and makes a motion that the Board recommend approval of these applications for the Side Lot Program; Seconded by Trustee Haines.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

Department Matters Not Requiring Board Action:

 

Administration:  None.

 

Fire Department:  None.

 

Police Department:  None.

 

Road Department:  None.

 

Parks/Recycling:  None.

 

Zoning: None.  

 

Law Director: None.

 

Upcoming Events:

 

~Ohio Division of Liquor Control providing notice of Bear Creek Lakeside Banquet Center LLC DBA Bear Creek Lakeside Banquet Center 5225 Leona Avenue – Perry Township, Navarre, Ohio 44662 Requesting new licenses #0540145, Responses must be postmarked no later than 04/18/16.

 

Public Speaks-Open Forum:

 

Lee Laubacher, 5006 14th St. SW, Canton 44710 – Mr. Laubacher stated that he would like to thank Road Superintendent Masalko for filling in the potholes at the Southway Recycling Center.

 

Mr. Laubacher also stated that he spoke to Zoning Inspector Weckbacher way back in November in regard to the property at 127 Saratoga SW.  Mr. Laubacher referred to some photographs that he has taken of this area and added that it has been almost six (6) months and we need to get something done.  Mr. Laubacher referred to the photographs before the Board and indicated that the last two vehicles in the photo have not moved since November. 

 

Trustee Haines inquired of Zoning Inspector Weckbacher if the cars were licensed.  Zoning Inspector Weckbacher replied that the two vehicles in the back were not licensed.  Trustee Haines also inquired of Zoning Inspector Weckbacher if any progress has been made on this property.  Mr. Weckbacher indicated that they have been out there working, but they have not done enough.  Mr. Weckbacher added that he and Assistant Zoning Inspector Kraus went by this property today and referred to the second story windows being completely filled with items, adding that the property owner is probably a hoarder.  Mr. Weckbacher stated that he would contact the health department in regard to this matter. 

 

Trustee DeChiara confirmed that previous letters have been sent to this address in which they did not comply.  Zoning Inspector Weckbacher indicated that he did previously speak with the property owner and she indicated that she had health issues and that she couldn’t get these things done; a second letter had been sent, but the property owner has not contacted him. 

 

Trustee DeChiara inquired if our property maintenance code allowed us to go to the next step as far as enforcement and legal action.  Mr. Weckbacher indicated that the next step would be to get the Board’s approval to take it to the next step with Law Director Hall.

 

Law Director Hall indicated that he would work with Zoning Inspector Weckbacher and Assistant Zoning Inspector Kraus in this matter referring to the junk motor vehicle law in getting those vehicles posted and have them towed and removed to abate this nuisance.

 

Trustee Chessler inquired about the dates printed on the photographs from Mr. Laubacher as being from 2012; Mr. Laubacher stated that the photographs were current, but he had not changed the date information on his camera.  Mr. Laubacher indicated that he had printed the correct date on the back of the photographs.  Trustee Chessler confirmed for our records that the date on the photographs were April 4, 2016.

 

Mr. Laubacher stated that on the corner of 12th and Saratoga SW, there is a garage that is being used as a business.  Mr. Laubacher indicated that he also has some photographs of this property, with the correct date on the back of the photos, showing that there are two trucks and two trailers that are being used as a business for mowing grass. 

 

Trustee Haines inquired of Zoning Inspector Weckbacher what that address was zoned as and what is allowed there.  Zoning Inspector Weckbacher indicated that this address is zoned residential but being that there is no home on that parcel, that garage should never have been able to have been built there.  Mr. Weckbacher indicated that to his knowledge, this garage is being used as a business or for storage adding that it has never been residential; it would be a nonconforming use as a storage building or whatever it is being used as; it is zoned residential. 

 

Trustee Haines inquired if the property owner lived next door to this garage; Mr. Weckbacher indicated that he lives caddy corner of this property.

 

Law Director Hall indicated that it is a nonconforming structure, but added that the type of use may or may not be nonconforming.  Mr. Hall stated that he and the zoning inspector and assistant zoning inspector would do more investigating on this matter and report back to the Board.

 

Mike Stevens, 248 Albany Dr. NW, Canton, OH 44708 – Mr. Stevens indicated that he attended a Board meeting about a year ago in regard to paving in his allotment.  Mr. Stevens explained that a week after the road was paved, Stark County was there to redo the culvert from his house and the neighbors and to some condos to alleviate the water problem on Tyner.  Mr. Stevens stated that it was the worst job he has ever seen in regard to putting the yards back together; the yard, the ditch and everything. 

 

Trustee Haines inquired of Road Superintendent Masalko if this was a county job; Mr. Masalko stated that it was and added that it was a private contractor that did the work.  Mr. Masalko stated that he filed a commissioner’s drainage complaint form with the Stark County Engineers in regard to this job; they did receive that and went out to look at the job and stated that it didn’t look that bad. 

 

Mr. Stevens stated that he had photographs of this and added that he didn’t know who to talk to or call about this. 

 

Trustee Haines relayed to Mr. Stevens that if he would leave his contact information after the meeting, he would reach out to the Stark County Engineer, Keith Bennett, to see how they would like to handle this and get back to Mr. Stevens.

 

Bob Lones, 1233 Whipple Ave. SW, Canton 44710 – Mr. Lones stated that he also has some zoning issues with a neighbor that has been ongoing for several years; starting with parked cars to running a business out of his home to a shed he built without a permit too close to his property.  Mr. Lones stated that he has been in contact with Zoning Inspector Weckbacher since September regarding the shed and wondered when does the point come where we stop sending letters and do something that this man will take seriously. 

 

Trustee Haines indicated that he spoke with Mr. Lones on Sunday and he also spoke with Zoning Inspector Weckbacher in regard to these matters.  Trustee Haines stated that Mr. Weckbacher provided the Board with documents and letters that were addressed to this neighbor and added that the neighbor has agreed to move the shed five (5) feet as soon as the ground becomes more stable.  Trustee Haines indicated that this neighbor has two choices, he can either move the shed five (5) feet or he can apply for a variance. 

 

Mr. Lones stated that he does not understand why it takes from September until April to get one simple thing to be taken care of.

 

Zoning Inspector Weckbacher indicated that if somebody pulls a permit to build a shed, they have a year to do that, adding that it was wrong for the neighbor to do this in this circumstance but added that the property owner did pull a shed permit and they are working with this neighbor to complete the zoning requirements of moving the shed back five (5) feet.  Mr. Weckbacher explained that this neighbor has up to a year for completion of the shed, but has promised him that he would move the shed once the ground is more stable.

 

Mr. Lones stated that there is also the issue of this neighbor as having a business out of his home indicating that he has sent pictures of the settling tanks and welding equipment that he is clearly doing work for his well business from his garage.  Mr. Lones stated that there is also the issue in regard to his parking adding that he has also sent pictures of this as well.

 

Zoning Inspector Weckbacher verified that when they go out to access the property, there have not been any violations in regard to parking; Mr. Lones stated that he doesn’t park there every day. 

 

Trustee Haines inquired of Law Director Hall if there was a blanket statement that could be sent to this individual since, as Mr. Lones says, there are times when the neighbor is sporadically parking in the front yard.  Law Director Hall indicated that there is not, but he could create something specific in this regard.

 

Mr. Lones also inquired about this neighbor having quite a bit of large equipment that is stored in his back yard and asked if this was to code.

 

Trustee Haines verified that based on the photographs Mr. Lones has sent, there is some type of a trench digger in the back yard of this neighbor’s residence.  Trustee Haines added that the zoning in the Township does not control what you put in your back yard; in regard to the side yard or a front yard, you cannot park there, but in regard to the back yard, if a car is licensed, it can be in the back yard. Also, in reference to a piece of equipment, lawn mowers, tractors, etc. there is not a zoning ordinance against this.

 

Mr. Lones also made reference to a boat that is considered as a lawn ornament in the front of this neighbor’s house and indicated that maybe something could be done in this regard.  Mr. Lones also referred to large containers in the back of this neighbor’s yard as well.

 

Trustee Chessler stated that at this time of the year, every year, we get, for lack of a better term, problem children, where there is not just one problem, they have many.  Trustee Chessler stated that he would suggest that in the future we put this on our Agenda, the properties previously mentioned this evening, to have a report of our progress every two (2) weeks so that everyone is aware of what has been done.  If a letter has gone out that allows ten (10) days to do something, two weeks later, let’s see if it’s been done or not being done.  Trustee Chessler stated that he doesn’t want to keep track of every property in the Township, but these particular properties that have four or five issues that we need to address, will enable us to keep track of them a little better.

 

Zoning Inspector Weckbacher indicated that the only violation that Mr. Lones’ neighbor, Mr. Hall is in violation of is the shed being moved.  Trustee Chessler briefly noted that in regard to the issues that may or may not be violations, but we can address each issue and verify them by way of a progress list.

 

Law Director Hall stated to Mr. Lones that neither the Township Zoning Resolution nor the Township Property Maintenance Code regulates aesthetics, but indicated that he and the Zoning Inspector and Assistant Zoning Inspector would verify the issues brought forward this week and get answers and recommendations to the Board on these matters.

 

Trustee Haines verified that until the things that we can bring into compliance, we will follow up with them every two (2) weeks with a report at this meeting.  Trustee Haines stated to Mr. Lones that if he felt there were hazardous materials in the containers of his neighbor’s back yard, that would be a health department concern.  Trustee Haines stated that the Township would work with Mr. Lones to make sure that the zoning within the Township would come into compliance.

 

Trustee DeChiara stated that in regard to the problems or violations that we can do something about, we need to start putting some bite in the bark, noting that people would start paying attention.

 

Tammy Lones, 1233 Whipple Ave. SW, Canton 44710 – Mrs. Lones stated that she doesn’t know if this would be a health department issue, but when this same neighbor cleans the dog cage in the back, he throws the dog waste into the tree lot next to them adding that the smell is so strong they can’t even sit outside.

 

Police Chief Pomesky indicated that they could speak to the health department in regard to the animal waste and as far as a welfare check on the animal, they could open up a case and look into that.

 

Executive Session(s): 

 

Trustee Haines made a motion that the Board adjourn into Executive Session pursuant to ORC 121.22 (G)(1) to consider appointment of employment dismissal discipline, promotion, demotion or compensation of a public employee to include the Board, Fiscal Officer, Law Director and Fire Chief with no action to be taken tonight; Seconded by Trustee DeChiara.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

The Board adjourned into Executive Session at:  7:52 pm

 

The Board adjourned from Executive Session at:  9:01 pm

 

Adjournment:

 

With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 9:01 pm; Seconded by Trustee Chessler.

 

ROLL CALL:  Mr. Haines, yes.  Mr. Chessler, yes.  Mr. DeChiara, yes.

 

 

 

                                                                                                                                                                                                               

 

Doug Haines, President                                                                                                 Joe Schlegel, Fiscal Officer