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

 

February 2, 2016  7:00 pm

 

 

 

Call to Order/ Pledge of Allegiance:

 

Excused absence:  

 

 

 

Additions/Deletions to Agenda:

 

Trustee Haines made a motion that we add, under Public Hearings/Invited Guests, guest Ron Mimna from Marathon Pipeline here this evening for an application for heavy hauling; Seconded by Trustee Chessler.

 

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

 

Trustee Haines made a motion that we add, under the Fire Department, the resignation of Ralph DeChiara Jr.; Seconded by Trustee Chessler.

 

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

 

Public Hearings/Invited Guests:

 

Mr. Ron Mimna, Supervisor of Perchon Field Services, representing Marathon Pipeline – Mr. Mimna stated that he is here for the second time; several months ago he was here with an application for doing a road bore under Richville Road.  Mr. Mimna indicated that this is for a water line project that comes from Marathon Refinery in Canton down to the Tuscarawas River, just south of Shepler Church.  Mr. Mimna stated that he has returned this evening with another application for road use maintenance agreement.  Mr. Mimna stated that Richville Road is the only road that we are using in Perry Township, but there could be some heavy traffic along that road and this application is to request your permission for bringing as much as an 80,000 pound truck onto that road.  Mr. Mimna stated that Richville will be limited between Shepler and Sherman Church; that is the only section of that road that we would use.  Mr. Mimna stated this is all that he is requesting and indicated that he would be happy to answer any questions.

 

Trustee Haines stated that before this evening’s meeting, Mr. Mimna had given him a flashdrive with the current video of the current road conditions and inquired of Mr. Mimna if this was correct.  Mr. Mimna stated that was correct and added that this was shot the first week of January and in an attempt to be proactive in doing this and making sure that we pay for the damages to the road, we hired a company to shoot all the roads that we would have trucks on.  Mr. Mimna added that he created that memory stick (flashdrive) that you can watch on your computer.  Mr. Mimna stated that this video basically captures photos of that road surface so that when the project is over, we can sit down and make it a lot easier to identify the problems that were caused by heaving hauling. 

 

Trustee Haines inquired of Mr. Mimna if he had a few more copies that he could share with the Law Director, other Trustees and the Road Superintendent.  Mr. Mimna stated that he had four (4) copies; Trustee Haines indicated that these be given to the Law Director, Road Superintendent and Trustee DeChiara.  Mr. Mimna stated that his goal was to leave this evening with the necessary signatures. (laughter)

 

Trustee Haines requested that we give Law Director Hall a few moments to review this.  Trustee Haines also stated that before the meeting he had asked Mr. Mimna when he would like to start this project and asked Mr. Mimna to repeat his answer.  Mr. Mimna stated ‘yesterday’.  Trustee Haines verified to Mr. Mimna that he was ready to go with the project.  Mr. Mimna stated that was correct and referred to the county map wherein Richville Road was circled in red.  Mr. Mimna referred to the black line that represented the water line that was going down through the Tuscarawas and added this is the exact point that the project pipeline crosses Richville, but will actually be coming in or leaving via Shepler or Sherman Church.

 

Trustee Chessler verified of Mr. Mimna if this pipeline was for sanitary sewer.  Mr. Mimna indicated no and added that this is treated water so that it meets the EPA requirements, adding that it was water that was used in the refinery and also runoff to the refinery so it is potable water.  Mr. Mimna stated that the EPA has mandated that it be taken to a large body of water adding that this is not a revenue enforced from Marathon, this is strictly an expense.

 

Law Director Hall indicated that Mr. Mimna, for the record, already has had conversations with the County Engineer and County Commissioners adding that he had their consent and permission on their sections of the county roads.  Mr. Mimna stated that was correct and added that to be specific, it has been approved, but the Commissioners will not be able to sign until this Thursday night when they meet. 

 

Trustee Chessler verified of Mr. Mimna that there were four (4) points at which the City of Canton streets would be crossed as well.  Mr. Mimna stated that was correct.

 

Law Director Hall stated that he would suggest to the Board that this is within your discretion adding that he has reviewed the agreement and conditions that have been proposed and they are sufficient as to form and legal sufficiency.  Mr. Hall added that if acted upon and protection of the Board during construction or possible damage to be done to that section of Richville Drive.

 

Trustee Chessler verified of Mr. Mimna that the application before us is Marathon Pipeline LLC and also inquired if that is a separate entity for this project.  Mr. Mimna stated yes and added that it is the pipeline portion of Marathon.  Mr. Mimna also indicated that the form before the Board also asks for the contractor; indicating that they have not signed it yet, but it is Independence through Cleveland.  Mr. Mimna added that they have been used a lot on the interstates and indicated that they just finished a big job on I-77. 

 

Trustee DeChiara inquired how big the pipe would be.  Mr. Mimna replied that it was eighteen (18) inches and further gave a brief description of the details of the pipeline direction. 

 

Trustee Chessler stated that based on the Law Director’s review and based on the presentation of information by Mr. Mimna makes a motion that the Board approve the application of the permit to excavate within Township public roads as being in compliance with the terms, conditions and restrictions that apply to the issuance of that permit that we previously adopted; Seconded by Trustee Haines.

 

Road Superintendent Masalko stated that Richville Drive is a frost reduction road, at 25%; indicating that we do have an agreement with the county and adding that it is patrolled by the sheriff.  Mr. Masalko stated that we will have to take some kind of an action to reduce this.  Law Director Hall indicated that is in effect until May 1st.  Mr. Masalko  that he wouldn’t want their trucks being pulled over because of their weight and because of the frost.  Trustee Haines inquired if we could indicate something to the effect that it would be based upon what the county does that would follow suit.  Mr. Hall stated that he would suggest that the Board may want to pass a resolution that subject to review and approval by the county engineer, which is your engineer, that frost reduction limitation would be removed from that section of the roadway.

 

Trustee Chessler stated that he will withdraw his motion; Trustee Haines stated he will withdraw his Second.

 

Trustee Haines verified that we will want to put a stipulation on following what the county does.  Law Director Hall stated that was correct.   Mr. Mimna stated that at this point we are going to abide by the frost law until we find out what the county does. 

 

Trustee Haines stated that we talked to Jason at the county.  Mr. Mimna indicated that he has also been working with Jason, but added that he has not yet had the chance to pose that question to him.  Trustee Haines stated that Jason works very closely with the Stark County Sheriff who monitors the county roads adding that there is one officer that does that.  Trustee Haines stated that possibly Jason could communicate that with the sheriff.  What we need to let him know is that if the trucks are going to be labeled Independence or Marathon Pipeline or who is going to be part of that; this information needs to be shared with Jason.  Mr. Mimna indicated that he would get that from the contractor and added that certainly would be some Indpendence trucks adding that if we do exceed the 80,000 pounds, that is an individual permit in itself as each truck has to be permitted.  Mr. Mimna stated in regard to any oversized trucks, Jason has indicated that we can get a bulk permit so that we don’t have to permit every truck, but in regard to overweight, we do have to permit every truck.

 

Mr. Mimna indicated that in regard to Richville Road, he was not sure if we would get into that situation, but added that at this point, we are going to abide by the cross limit until hearing from Jason.  Mr. Mimna inquired to Road Superintendent Masalko if he would want him to call him.  Road Superintendent Masalko indicated that he would. 

 

Trustee Chessler made a motion that the Board approve the application for a permit to excavate within township public roads; the application made by Marathon Pipeline LLC subject to the conditions and restrictions that apply and have previously been adopted by Perry Township and further subject to the review and approval of the Stark County Engineer with regard to weight limitations on certain roads until May 1, 2016; Seconded by Trustee Haines.

 

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

 

The Board thanked Mr. Mimna and verified the signature needed tonight. 

 

Communications: 

 

Letter From Mr. and Mrs. Bargerhuff Concerning Street Lights

 

Trustee Haines stated that the Board received a letter dated 1-27-16, received on 2-1-16 from Mr. Bruce and Mrs. Patricia Bargerhuff regarding the street light district that they are a part of and their request to be taken off of this street lighting district.

 

Trustee Haines indicated that he had discussed this letter with Law Director Hall and verified that they have to re-create a petition to get their name taken off of this street light district.  Mr. Hall stated they would have to circulate a new petition in order to revise the lighting district or to reduce the number of grantors.  Mr. Hall stated that he would, with the Board’s permission, draft a letter to the Bargerhuffs, for Trustee Haines as Board President, citing in plain language the explanation of the statute.  Trustee Haines thanked Law Director Hall.

 

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 $303,133.36 for the week ending January 26, 2016 and bills in the amount of $59,774.89 for the week ending February 2, 2016,  for a combined total of $362,908.25; Seconded by Trustee DeChiara.

 

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

 

Fiscal Officer: 

 

Consider Accepting the 12/15/15 and 01/19/16 Meeting Minutes

 

Trustee Haines made a motion that the Board approve both the December 15, 2015 and January 19, 2016 Meeting Minutes; Seconded by Trustee Chessler.

 

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

 

Consider Accepting Cimplx Service Agreement

 

Fiscal Officer Schlegel stated that the Board is already aware of the incoming new law, The Affordable Health Care Act.  Mr. Schlegel indicated that in the recording and all the requirements that are being done in regard to this matter, almost every entity that we know of has employed outside services for their IRS portion and payroll.  Fiscal Officer Schlegel stated that many entities employ the services of PayChex Payroll Services and those companies will cover them on these matters.  Fiscal Officer Schlegel stated that we do our own payroll and added that after talking with our broker, we have requested the services of Cimplx to track all required information on behalf of Perry Township, based on payroll information and health insurance coverage information. 

 

Fiscal Officer Schlegel stated that Law Director Hall has looked over the Cimplx Service Agreement for sufficiency and recommend that we use this company for two (2) years.

 

Trustee Haines verified that Cimplx takes on the liability to fulfill the mandated ACA requirements.  Mr. Schlegel stated that was correct.

 

Trustee Chessler confirmed that in Law Director Hall’s review of this Agreement there was some correspondence back and forth regarding certain provisions that we insisted be taken out.  Mr. Hall stated that in regard to the final version, before the Board, to note that on Page 7, Paragragh 12c) has been lined through, so when the Board approves this and it is signed, it will have to be initialed of the deletion of Paragraph 12c) and that has been approved by the Service Provider, Cimplx adding that we have emails documenting this.  Law Director Hall stated that otherwise, he approves the agreement.

 

Trustee Chessler stated that based on the Law Director’s review and based on the meetings that we had and the information provided by the Fiscal Officer, makes a motion that the Board enter into a contractual agreement for a two (2) year period for certain compliance aspects of the Affordable Care Act with Cimplx and that agreement be adopted with particular reference to the pricing itemization that is set forth on the attached Exhibit A as part of the contract; Seconded by Trustee Haines.

 

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

 

Announcement of Street Light District Petition

 

Fiscal Officer Schlegel stated that he received a street lighting petition and it is signed by five (5) petitioners.  The addresses of the signed petitioners are:

 

  1.  Leona Avenue

  2.  Darletta Street

  3. Darletta Street

  4. Darletta Street

  5. Darletta Street

     

 

Fiscal Officer Schlegel stated that these petitioners are requesting one (1) light and added that there is already an AEP pole at this location.  Mr. Schlegel stated that the next step in the petition process is for the Board to set a hearing date to be no more than thirty (30) days after notification.  Fiscal Officer Schlegel stated that this hearing will be set for Tuesday, March 1, 2016. 

 

Trustee Haines verified of Fiscal Officer Schlegel that the street lighting petitioners would be notified.  Mr. Schlegel stated his confirmation and added that he will also obtain the cost of the light and inform the petitioners; the cost of the light will be approximately $10.00 and that will be divided between the petitioners.  Fiscal Officer also added that this hearing will be posted in the newspaper. 

 

Administration: 

 

Consider Accepting Stark Tusc Wayne Recycling 2016 Grant

 

Administrator Fetzer stated that the Board has before them information from the District Waste Collection Site Host application and opportunities for the 2016 year program.  Administrator Fetzer indicated that it is available and it would be applicable to equipment, containers, fencing, cameras, maintenance and other costs associated with operating the recycling station with the deadline application to be February 15, 2016.  Ms. Fetzer also indicated that the program is mirrored exactly like the 2015 program and is requesting the Board to authorize her to complete the 2016 application and submit the application to Stark-Tuscarawas-Wayne Joint Solid Waste Management District for their approval.

 

Trustee Haines inquired what our total grant was for 2015.  Administrator Fetzer indicated that this is a reimbursement grant and it has not come through yet adding that it is not a dollar amount, it is a percentage.

 

Trustee Chessler made a motion that the Board authorize the Township Administrator to take all steps necessary to make application for the Stark-Tusc-Wayne Joint Solid Waste Management District grant program in conformity with their requirements and submitted on or before February 15, 2016; Seconded by Trustee DeChiara.

 

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

 

Consider Appointing the Board of Zoning Appeals Alternate

 

Administrator Fetzer stated that the Board has a vacancy for the Board of Zoning Appeals Alternate position and indicated that the Board required notification be advertised in the Repository for a two (2) week period and the on-line application; the Board is in receipt of two (2) applications: one from Lee Laubacher and the second from a gentleman named Sam Spurrier, both applications before the Board.

 

Trustee Haines verified that interviews have been conducted for past candidates and indicated that the Board would set an early start time for the March 1, 2016 Regular Meeting; one candidate to be set for a 6:30 pm interview and the second interview at 6:45 pm.  The other Board members confirmed these times.  Trustee Haines inquired of Administrator Fetzer if she would please make the interview contacts;   Administrator Fetzer confirmed this request.

 

Consider Lease Agreement with Stark County Parks

 

Law Director Hall stated that Stark County Parks has approached the Board regarding building a new structure at the Wildlife Conservation Center at Sippo Lake Park.  Mr. Hall indicated that they have asked to use the old farmhouse, the large barn and some of the outbuildings at Fasnacht Farm as temporary housing and offices while their current structure is being demolished and rebuilt.  The proposed lease term will be approximately eighteen (18) months from the time they relocate from Sippo to Fasnacht Farm adding that construction is scheduled to go on for a month to month period after that.  Law Director Hall indicated that the rent that Stark Parks is paying is not so much as a cash rent but they are going to do all the improvements to the house and buildings and maintain all of the utilities for that period; details are spelled out in paragraph 3 of the lease, before the Board.  Mr. Hall indicated that as far as the lease goes, the terms and conditions have been negotiated within the past several months and added that he is prepared to recommend this lease to the Board, both in terms of form and legal sufficiency.

 

Trustee Haines inquired if there were any questions in regard to the lease for Fasnacht Farm.  Trustee Haines also inquired of Law Director Hall if it was spelled out which buildings at Fasnacht Farm that  Stark Parks would be using.  Mr. Hall referred to the lease before the Board and indicated that in Paragraph 1.  PREMISES LEASED AND USED; it specifically says: the old farmhouse, large barn and related outbuildings, and, further subject to deed restrictions and other matters of record.  Law Director Hall indicated this would be the current Tenant Farmer and further stated this should not interfere with the Tenant Farmer in any way. 

 

Trustee Haines inquired if the garage and barn that the Tenant Farmer keeps his equipment in is off limits to Stark Parks.  Mr. Hall stated that is correct.  Trustee Haines further inquired if this was the big barn, a few smaller barns next to that and the old farmhouse is what Stark Parks will be using and doing the work on to bring it up to date.  Mr. Hall stated that is correct.  Mr. Hall again stated that the rent is basically doing everything that they need to do to renovate, improve and to use those buildings for their purposes; the Township will benefit from having those structures improved at the end of the lease.

 

Trustee Chessler made a motion that based on the presentation tonight and upon the recommendation and review of the Law Director of the proposed lease, the Board of Trustees enter into a lease with the Stark County Park District for the lease of certain lands of the property known as the Fasnacht Farm for the period described in the lease and under the terms described in the lease; Seconded by Trustee DeChiara.

 

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

 

Consider the Renewal of the Cen Com Contract

 

Fire Chief Martin stated that it is the recommendation of the Perry Township Fire Department that the Board of Trustees authorize the Perry Township Fire Department to enter into a Fire/EMS Dispatching Service Agreement with CenCom for the year of 2016.  The Fire/EMS service fee is based on the 2015 incident total of 3418 incidents at $34.00 per incident.  The monthly fee will be $9,684.33 for Fire/EMS services.

 

Chief Martin indicated that at the time of his original memo to the Board in regard to this renewal information, he had not received quotes from the Red Center or the Sheriff’s Office, but indicated that he did receive this quote information late yesterday and that price information is before the Board; Red Center quote for dispatching services: $46.46 per x 3728 alarms. 

 

Trustee Haines made a motion that the Board approve the Perry Township Fire Department to enter into a Fire/EMS Dispatching Service Agreement with CenCom for the year 2016.  The Fire/EMS service fee is based on the 2015 incident total of 3418 incidents at $34.00 per incident.  The monthly fee will be $9,684.33 for Fire/EMS services; Seconded by Trustee Chessler.

 

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

 

Consider Resignation of Ralph DeChiara Jr.

 

Trustee Haines read aloud the resignation letter of Ralph DeChiara Jr.:

 

After nearly 35 years of service to the residents of Perry Township, I wish to retire from my position with the Perry Township Fire Department effective Thursday, February 4, 2016.  I retire this date 35 years to the date that I formally made application to the department to work in a profession that is second to none.  I have loved our fire department since my early childhood years and have always done what was in the best interest for our department and our residents.  My retirement from the department is no exception.  The time has come to end my services in the department to allow me to assist in fully directing its future as a member of the Perry Township Board of Trustees.  The friendships and bonds that have been formed by fellow firefighters over the years are something that will never be forgotten.  I pray that all of you have a safe and fulfilling career as I look forward to working with you as my role as Township Trustee.            –Ralph DeChiara Jr.—

 

Trustee Haines made a motion that the Board accept Ralph DeChiara Jr.’s resignation effective February 4, 2016; Seconded by Trustee Chessler. 

 

Trustee Chessler thanked Trustee DeChiara for his service.

 

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

 

Fire Department:

 

Police Department:

 

Road Department:

 

Law Director: None.

 

Zoning: None.

 

Parks/Recycling: None.

 

Executive Session(s):  None.

 

Department Matters Not Requiring Board Action:

 

Administration: None.

 

Fire Department: None.

 

Parks/Recycling: None.

 

Police Department:  None.

 

Road Department: None.

 

Zoning: None.  

 

Law Director: None.

 

Upcoming Events:

 

~Ohio Division of Liquor Control providing transfer notice from Adjusted Sails LLC DBA TBS Sports Bar, 6195 Navarre Road SW and Patio Perry Township Canton, Ohio 44706 to Richard F. Dazey III DBA Your Pizza Shop—Responses must be postmarked no later than 02/26/16.

 

Public Speaks-Open Forum:

 

Trustee Haines indicated that anyone who wishes to speak, please approach the lectern and address the Board directly.

 

Dave Kerestes, 3500 Lincoln Way East, Apt. 4, Massillon, Ohio 44646 – Mr. Kerestes stated that he is here again to make himself a little more understandable.  Mr. Kerestes referred to a fire report on his truck in 2006 and indicated that a police report was made noting that it was criminal damaging and felony arson.  Mr. Kerestes gave a summary of this incident.  Mr. Kerestes gave a summary of his car being set on fire in 2009.

 

Trustee Haines inquired of Mr. Kerestes if he had any current information since the Board has previously heard this information.  Mr. Kerestes stated that he has never presented the documentation before now.

 

Mr. Kerestes played a recording on his cell phone of harassment he was receiving at his residence and referenced a call that he placed to the Perry Police Department on 8-26-15 regarding this harassment.   Mr. Kerestes briefly described an altercation with one of his harassers and indicated that he cannot get any help from the police department or anyone else.  Mr. Kerestes stated that he got ‘this piece of paper’ from the police department telling him that he didn’t call them, but added that if he placed an injunction for his own phone records, it will indicate that he had a five minute conversation with the police department number. 

 

Mr. Kerestes referred to previous incidents that the police department does not seem to have any reports for.  Mr. Kerestes also referred to a report made from his harasser regarding the altercation they had and indicated that it showed bruises that supposedly had been photographed five minutes after the altercation eluding to the fact that this was a fabricated story.  Mr. Kerestes stated that he was never asked for a statement regarding this altercation and found himself in the Stark County jail after defending himself, referring to it as an illegally arrested situation.

 

Another resident asked Mr. Kerestes what all this had to do with the Perry Township Trustees.  Mr. Kerestes stated that it was none of his business and indicated to the resident that he would have to show respect and wait his turn.

 

Trustee Chessler indicated to Mr. Kerestes that the Board has been very indulgent.  Mr. Kerestes stated to let him finish adding that it was the Board’s job.  Mr. Kerestes stated that he was trying to speak of corruption by elected employee officials. 

 

Trustee Haines indicated to Mr. Kerestes that this wasn’t anything that related to the Perry Township Board of Trustees and respectively asked if there was anyone else that wished to speak under Public Speaks.  Trustee Haines thanked Mr. Kerestes for his time; Mr. Kerestes stated thank you and added that he would be back in two weeks to finish.

 

Trustee Haines referred to the resident wishing to speak that the floor was his and asked him to please state his name and address.

 

Charles Dugan, 512 Zern Avenue SW, Massillon, Ohio – Mr. Dugan stated that the last time he attended a Board meeting was in 2011 and added that it was in regard to Waikem Motors requesting a permit for the property just behind their Subaru lot. 

 

Mr. Dugan indicated that previous matter was what his wife referred to as a fight he probably shouldn’t have picked because it technically had nothing to do with everything that had already gone on down behind his property.  Mr. Dugan stated that it is well documented; his concerns with the runoff, the water, leaking and flooding, major flooding.  Mr. Dugan stated that he did forward an email to the Board from a you tube link of the last time the flooding happened in July; the water pouring into his basement going from 0 to five feet in twenty seconds.  Mr. Dugan stated that he is convinced to this day that a lot of this is a direct result of the changes to the property that Waikem has done.  Mr. Dugan stated that following that meeting, referring to comments printed by the Repository that Waikem has threatened the Township for their conditional permit and also threatened the neighbors who were there degrading them about the flooding situation and telling me he was going to sue me in public.  Mr. Dugan stated that you never saw him at another meeting.  Mr. Dugan stated that despite the fact that his water rose adding that his house is sinking and his property is ruined; he has black mold, his foundation is crumbling.  Mr. Dugan stated that his wife called him prior to the election stating not to lose his mind when he came home indicating that the six foot buffer, the conditional buffer that they were supposed to have up for him, so that he wouldn’t have to look at this parking lot, was gone.  Mr. Dugan stated that the people back there working said that the Township told them that they had to fix that; the water situation, to drain.  Mr. Dugan stated that he knew exactly what they were doing and briefly described clearing that area to be able to put in more cars.  Mr. Dugan stated that in the process of doing that, they also extended the one side drain that, aimed at my property above ground, is ten (10) feet closer to his property.

 

Mr. Dugan stated that after this, he came to the Township building to ask if anybody knew what was going on.  Mr. Dugan stated that he left a message for Lee (Laubacher) and added that Lee showed up at his house that day.  Trustee Haines asked when this occurred.  Mr. Dugan indicated that it was prior to the election, before November.  Mr. Dugan stated that when Lee showed up at his house, he indicated that he would find out exactly what they were up to, adding that he (Mr. Dugan) had his own speculations and his own guesses.  Mr. Dugan gave more detail in this regard.

 

 Trustee Haines verified to Mr. Dugan that his house was next to the Waikem Subaru dealership that they added to and made a parking lot and had cut down all the buffer trees behind his property.  Mr. Dugan confirmed this.

 

Mr. Dugan stated that his point is that he can only see this getting worse before it gets better because that huge area that used to hold water for him is now half the size and if they (Waikem) lay asphalt, there will be more water run off.  Mr. Dugan stated that he knows that something criminal is being done wrong against him and indicated that he cannot get help.  Mr. Dugan stated that he contacted somebody from Stark County in charge of the property taxes and they came out and took photographs.  Mr. Dugan relayed that they reduced his taxes to try and help him since everytime this (flooding) happens, he has to pay for a new blower and circuit board in his furnace, $800, everytime it happens.  Mr. Dugan stated that it has happened four (4) times.  Mr. Dugan stated that if you also take into account the initial loss of his karaoke equipment, it would be in the amount of $25,000.  Mr. Dugan indicated to also take into account the replacement of his dryer every time the flooding occurs and referred to the problems with his hot water tank as well.

 

Mr. Dugan stated that nobody would buy his property with these flooding issues.  Mr. Dugan indicated that his wife emailed the township requesting minutes from 2006 involving the words Waikem, flooding,  his address and pertinence and briefly stated the result of this request.

 

Mr. Dugan stated that he welcomed any ideas of what could be done to help him get out of his property.  Trustee Haines verified that Mr. Dugan’s property was the next property up against the Waikem property.  Mr. Dugan verified yes. 

 

Law Director Hall inquired of Mr. Dugan if he had ever had any discussions with the County Subdivision Engineer, Joe Underwood.

 

Mr. Dugan stated that Trustee Chessler previously had a conversation with someone from the county regarding the sewer system and indicated that the drainage sewer system is inadequate for today’s standards and there was no money for replacement.

 

Trustee Chessler apologized to Mr. Dugan by adding that he doesn’t remember the particulars from the last time he was here, but added that there were a number of residents that came to complain about the flooding that was occurring from the storm water from Harding and Fairlane.  Trustee Chessler stated that after some research found out that the storm water system was antiquated and inadequate.  Trustee Chessler added that we have known about your problem ever since the flood happened when the two boys were carried away.

 

Mr. Dugan indicated that incident was before he even bought his property and added that he had lived at his property for ten (10) years and never had a problem until they bulldozed all the streets behind me and raised that parking lot back there and all of a sudden, the water became more noted all the time and gathers there.  Mr. Dugan stated now that they have extended the parking lot ten (10) feet closer to his property, you can imagine what is going to happen when the asphalt is placed.

 

Trustee Haines inquired of Law Director Hall if the Board had any say so in regard to the asphalt placement.  Law Director Hall indicated that our limitation is zoning and added that it is a private property issue but added that there is county oversight through the county subdivision engineer; which is different from the county engineer and different from the hydraulics engineer; there are so many different layers that are involved, but indicated to Mr. Dugan that he would get him the contact information for the county subdivision engineer, Joe Underwood.  Mr. Hall explained that basically whenever there is a new allotment that goes in or in an instance when commercial development goes in, the subdivision engineer has the authority and the ability to regulate and make sure that there is a surface water control on that property or properties.  Mr. Hall stated that when somebody is putting in a new development, they have to either put in a retention pond or a detention basin and they have to make sure that there is adequate water control.

 

Mr. Hall indicated that in regard to the zoning laws, even if they are meeting our buffer zones and even if they are meeting our requirements in terms of paving and parking lot, the subdivision engineer may be the one who could regulate this.

 

Trustee Haines stated that the Road Superintendent had a comment that he would like to share.  Road Superintendent Masalko stated that he was aware of the location that Mr. Dugan was referencing and added that he could see the detention adding that this was something that he requested for them to do; cutting out, but however stated that he felt Stark Soil and Water could help Mr. Dugan because it’s developed and over an acre.

 

Mr. Dugan indicated that he would take whatever names and information he could get.  Trustee Haines indicated that Road Superintendent Masalko would give him the contact information for Mr. Rich Rohn from Stark Soil and Water and added that he gets involved in those types of things where there is illegal runoff. 

 

Law Director Hall stated to Mr. Dugan that he had made the first step in contacting the auditor staff to re-evaluate his house adding that is what they can do in their jurisdiction.  Mr. Hall indicated that he felt this was now between soil and water and the subdivision engineer.  Mr. Hall stated that if there is any answer, those are the two entities that can get you the answer.

 

Mr. Dugan gave more details of some examples that he felt might be able to remedy this situation and added that he was not here this evening to drive Waikem’s name into the ground, but added that he knows that all the stuff that has gone wrong with his house, they have contributed to.

 

Trustee Haines indicated that they had the contact information for Mr. Rohn of Stark Soil and Water to give to him and added that he would be an excellent person to reach out to. 

 

Adjournment:

 

With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 8:13 pm; Seconded by Trustee Chessler.

 

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

 

 

 

                                                                                                                                                                                                               

 

Doug Haines, President                                                                                                Joe Schlegel, Fiscal Officer