Regular Meeting

Perry Township Board of Trustees

Regular Meeting

April 10, 2012 6:30pm

Call to Order/Pledge of Allegiance:

Excused absence:  John Masalko, Road Superintendent

Additions/Deletions to Agenda: None.

Public Hearings/Invited Guests:

Bill Smuckler- Candidate for Commissioner


Trustee Chessler stated that Mr. Smuckler is seeking election as a Stark County Commissioner and he asked for the opportunity to come to Perry Township and have audience with the Board.  Mr. Smuckler stated that he is mostly in attendance to listen and to make some assurances.  One of the assurances is that just because Mr. Smuckler is from Canton doesn’t mean that is the only thing on his mind.  Mr. Smuckler stated that on his mind is that all of Stark County has to survive.  Every Township has its place and every Township is important.  Mr. Smuckler stated that he knows that Perry Township has different needs and hopefully as the financial situation improves at the County some of those needs can be taken care of.  Mr. Smuckler stated that he is shocked to know that there is no capital improvement program which has to be near and dear to Perry Township because of the flooding problems in the area.  Mr. Smuckler stated that he didn’t come here to make a bunch of promises but he came here to offer to look, listen and be there.  Mr. Smuckler asked the Board to keep him informed of what is important to Perry Township.


Trustee Chessler stated that Mr. Smuckler follows the same pride that he does in answering constituent’s phone calls.  Last summer, the Board had the privilege of having the County Commissioners hold a meeting at Perry Township and much to their surprise the room was packed and most of the people presented their own stories of severe drainage problems.  Trustee Chessler stated that Mr. Smuckler is correct in that each Township is unique in what plagues it the most.  Perry Township in more isolated pockets has issues of storm water drainage and there has always been an ongoing dialog and debate with the County Engineer’s Office as to the relative responsibilities that we have.  Perry Township is a finger on the hand of County government.  For years, the Township only had the authority for which the Ohio Revised Code (ORC) specifically set forth.  Now, the Township is a limited home rule and has some more autonomy in what can be done but not as much as a City does.  Perry Township does not have an engineering department and we do not have the ability for community block grant funds.  Therefore, a lot of the problems that people call the Township about at two o’clock in the morning when the water is up to the rafters are problems that we can identify with but we don’t have the authority and the solutions for.  Trustee Chessler stated that this is one issue that the Township needs to keep an open dialog with the County Commissioners about.

Trustee Chessler stated that another thing that everyone is going to be facing is a reduction in the undivided local government funds which affects cities, counties and townships.  The loss of the estate tax forces us look for other ways of revenue.  Trustee Chessler stated that in the past the former Cicchinelli Administration was very aggressive in annexation and Perry Township lost a lot of land.  At the time it was winner takes all and we always had two pairs and the City of Massillon had a full house.  Perry Township didn’t expect the County Commissioners to do anything that the law didn’t allow them to do.  But now, the Administration has changed in the City of Massillon and the laws have changed.  Trustee Chessler stated that there are some more cooperative tools now and he hopes that there is the attitude and the ability to use those cooperative tools.  Trustee Chessler stated that it would be nice to work together with all of Perry Township’s neighbors. 


Mr. Smuckler stated that in his experience over the last twenty-four (24) years his record has been cooperative government.  Mr. Smuckler stated that he led the charge in Canton to work out a cooperative JEDD with Jackson Township.  This will bring in tax revenue that the County and the City is going to share.  Unfortunately, if the revenues are cut off there is going to have to be different ways to fund government.  Mr. Smuckler stated that he has been fighting for this since 1992 and it doesn’t have to be winner take all.  It should be cooperative government and all of the Townships should be able to survive.  Mr. Smuckler stated that if elected has County Commissioner he guarantees full, fair treatment and not just accept any annexation that comes down the road.


Recess: 6:50pm- 7:00pm


7:00- Zone Commission Hearing- Case: PE 01-12

                Applicant:                           Jack L. Hawk

                Owner:                                 GITA P Land Co.

                Zoning:                                 B-2 Commercial District

                Proposed Zoning:            Multi-District Overlay


Trustee Chessler stated that this matter was originally heard by the Perry Township Zoning Commission on March 15, 2012.  The Zoning Commission recommended that the zone change be approved.  This case was also forwarded to the Stark County Regional Planning Commission who reviewed it on February 17, 2012 and their recommendation was for approval.  This case is a proposal submitted by Jack Hawk for the property located at 3400 Lincoln Way E. and Freeman Ave. NW also known as parcel #43-00076.  The owner of the property is GITA P Land Company.  The Zoning Commission has heard the case and their recommendation to the Board of Trustees is approval.  The current zoning is B-2 Commercial and the proposed zoning is MD- Multi-District Overlay.


Mr. Hawk stated that as previously stated he came before the Zoning Commission and believes that the Board has seen the plans for the proposed mixed use of living space and retail space.  The proposed structure will be two buildings totaling approximately 8,000 square feet.  The intent is to bring some flavor to Lincoln Way like Newport Station.  The hope is to bring new clientele to this township.  Mr. Hawk stated that they are asking for the proposed zone change because in a B-2 Commercial District, residential living spaces are not permitted.  This is not going to be any type of subsidized housing.  The apartments will be upscale and will be anywhere from 800 to 1,000 square feet.  The townhouses will be anywhere from 1,100 to 1,200 square feet.  The lower level will be made up of smaller retain shops at approximately 2,000 to 3,000 square feet each.  There will be a drive through on one side for a coffee shop.  There is also the ability of using the retail areas as office buildings.  Currently, there are no committed leases or commitment from the bank.  These details are being worked on as we speak.  The intent is to get the zoning changed first and then confirm with the bank.  Mr. Hawk stated that they will be working with the Stark County Engineer’s Office because in the back of the property there will be a retention basin to help with drainage issues and water run off.  The whole back of the property will be a parking lot, landscaping and garages for the tenants of the apartments and townhouses.    The intent is to demolish the entire Chase Motel along with the house that is located on the property.


Trustee Chessler inquired if and would the demolition proceed before the financing commitments and the leasing activities take place.  Mr. Hawk stated probably not only because currently there is some cash flow over there and they don’t want to tear it down until the other plans are in place.  Mr. Patel confirmed that demolition wouldn’t take place until the bank and financial plans are taken care of.  Trustee Laubacher inquired if there was a decision made about putting in a sidewalk along Lincoln Way in front of the new structures.  Mr. Hawk stated that there is no plan for sidewalks at this time.  Trustee Haines inquired if there are any future plans for entrance and exit on Freeman Ave. NW.  Mr. Hawk stated that the are keeping the entrance and exit on Lincoln Way because the back of the property will have the parking lot, retention basin and enclosed trash area.


Trustee Chessler stated that the Regional Planning Commission noted that the purpose of this zone change request is to allow “diversified opportunities of residential, office, and small services like retail in a planned environment.  The request is consistent with the MD- Multi District Overlay zoning classification in that it allows a variety of residential, office and commercial establishments within a close proximity.


Trustee Chessler inquired if there was anyone else in the audience wishing to speak in favor of the proposed zone change.  Hearing and seeing none, Trustee Chessler inquired if there was anyone in the audience wishing to speak against the proposed zone change.


Carolyn Baker- 227 Freeman Rd. NW.  Ms. Baker stated that she walks her dog in this neighborhood because it is quiet and she is concerned about increased traffic with the proposed retail stores.  Trustee Chessler explained that the proposed plan lay out directs traffic off of Lincoln Way and not onto Freeman.  Mr. Hawk stated that the two (2) major ingresses are located on Lincoln Way and within the first fifteen (15) to twenty (20) feet of Freeman.  Approximately one hundred (100) feet further down on Freeman there is an egress but it is for emergency vehicle access so that there is access around the entire building.  Trustee Chessler verified that the proposed plan directs the traffic towards Lincoln Way and away from the neighborhood.  Mr. Hawk stated that was correct. Trustee Chessler stated that he is impressed in regards to the architectural aspects of what the proposed plan is to do and he wishes the owners well in getting the financing to bring this to fruition. 


Trustee Chessler made a motion that the Board adopt and approve the recommendation of the Zoning Commission to approve the zone change from B-2 Commercial to MD- Multi District Overlay; Seconded by Trustee Haines.


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

Nick Morris- Fasnacht Farm Park Coordinator- Presentation to the Board


Mr. Morris stated that he previously gave the Board a letter and description.  Mr. Fasnacht has now passed away and the estate has decided that they are no longer interested in dealing with the remaining property associated with the agricultural plan according to the master plan.  Mr. Morris stated that he thought that it would be reasonable for the Board to consider allowing the tenant farmer to propose a plan for use of the entire agricultural area on the farm as opposed to having two (2) separate farmers farming the land two (2) separate ways.  Mr. Bender has spoken to Trustee Laubacher and Administrator Fetzer regarding his interest in farming all of the land. 


Mr. Morris stated that he has spoken with Mr. Bender and Mr. Rohr the previous lease farmer.  Mr. Morris stated that after hearing the proposal from both farmers it is his recommendation to allow the tenant farmer Mr. Bender to have access to all of the acreage.  Mr. Morris stated that he provided the Board with a comparison between the proposals provided by Mr. Bender and Mr. Rohr.   Mr. Bender stated that he is willing to pay $100.00 per acre for the land that is flat and easy to farm and $60.00 per acre for the land that is hilly and more difficult to farm.  Mr. Morris stated that they agreed on $80.00.  Mr. Rohr originally proposed $50.00 per acre then called back the next day and offered $80.00 per acre.  Mr. Bender is looking to grow oats, buckwheat and pop corn.  Mr. Rohr stated that he wanted to grow field corn.  Mr. Morris briefly explained each of the proposals from Mr. Bender and Mr. Rohr regarding maintenance and fertilization of the farm land.  Mr. Morris stated that though he appreciate Mr. Rohr’s patience over the past several years regarding this project, Mr. Bender’s proposal is common sense and is more appropriate and beneficial to the general public.  Mr. Bender understands that there is still a master plan in place and that the ten (10) to eleven (11) acres could end up as something else down the road.  Mr. Morris recommended that the Board grant access to the ten (10) to eleven (11) acres to Mr. Bender to expand his operation.


Trustee Chessler inquired if the agreement with Mr. Rohr was on an annual basis.  Mr. Hall stated that Mr. Rohr had an annual lease with Mr. Fasnacht.  Mr. Hall inquired how many years Mr. Bender has with the farm.  Mr. Morris stated that Mr. Bender signed a five (5) year lease and he is currently in year two (2).  Mr. Hall suggested that the Board approve a three (3) year lease to run consistent with the lease of the farm house with a graduating fee schedule; $80.00 per acre in 2012, $90.00 per acre in 2013 and $100.00 per acre ins 2014.  That way it gives Mr. Bender enough time to develop and incorporate his crops.  It also doesn’t penalize Mr. Bender by making him negotiate against Mr. Rohr.  Mr. Hall inquired if Mr. Bender would be receptive to this proposal.  Mr. Morris stated that Mr. Bender would probably do whatever he can to gain access to that farm land.  Trustee Haines inquired if Mr. Rohr was a Township resident.  Mr. Morris stated that he is not sure but he didn’t believe so.  Mr. Hall inquired if the loss of the ten (10) to eleven (11) acres would be detrimental to Mr. Rohr.  Mr. Morris stated that he did not believe so.  Trustee Laubacher stated that when the Board purchased the farm the main hope was that it would continue to be used as a living farm.  Mr. Bender’s proposal is right in line with what the Board was intending the use of the farm to be.  Mr. Haines inquired if Mr. Bender’s timeline in regards to his food stand is in the works for this summer.  Mr. Morris stated absolutely.


Trustee Chessler made a motion that the Board authorize the Law Director to draft a lease with Mr. Bender consistent with the terms of the proposal that has been made through Mr. Morris and that the terms of the lease run concurrent with the existent agreement with the Township and that the price per acre start at $80.00 and be incrementally increased raised over the term of the lease; Seconded by Trustee Laubacher.


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

Communications:  None.

Public Speaks on items up for Board Approval: None.

Township Business requiring Board Action:

Unfinished Business:

Consider Purchase of Lawn Mower

Administrator Fetzer stated that as previously discussed back in December 2012, the Parks Department suffered the total loss of a lawn mower through a fire.  The Board has received documents for their review to include; correspondence with Mr. Jim Zuccaro, Insurance Representative, incident report, original purchase agreement for the original mower, current invoice for the mower and the reimbursement check in the amount of $7,299.00.  Administrator Fetzer requested that the Board consider the additional expenditure of $1,000.00 to add to the check so that a new mower can be purchased at a total price of $8,299.00.  Trustee Chessler inquired if this was a BobCat Zero Turn mower.  Administrator Fetzer stated that was correct. 

Trustee Chessler made a motion that the Board authorize the Administrator to take the steps necessary to use the insurance proceeds and the additional purchase amount of $1,000.00 for the purchase of a sixty-one (61) inch BobCat Zero Turn mower with twenty-six (26) horsepower Kawasaki engine at a cost not to exceed $8,299.00; Seconded by Trustee Laubacher.

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

Consider Illicit Discharge MS4 Resolution

Trustee Chessler stated that the consideration of the Illicit Discharge MS4 was tabled from a previous meeting so that Mr. Hall could research the legal requirements.  Administrator Fetzer stated that originally the Stark County Health Department created a program for all of the surrounding entities in order to keep in compliance with the NPDES MS4 permit and all of the requirements that go along with that.  At this point, it is operating independently for each entity so the hard part has been done.  The creation is done and now the Township is just implementing what was learned from that program.  The Road Superintendent is going to be delegating the in house maintenance duties to the new Assistant Road Superintendent and will provide him with the proper training regarding the MS4 information. 

Mr. Hall stated that Mr. Neil Fitzgerald, Law Director of Jackson Township as the primary author of this document and he did a nice job with it.  Mr. Hall stated that he has made two (2) substantial changes to the document.  The first change as required by the Ohio Revised Code Section 504.21- to refer any violations to the County Prosecuting Attorney for prosecution or enforcement.  Mr. Hall stated that when this was initially implemented back in 2003 the County took the bonus of having the public hearings and taking public comment.  ORC 504.21 also provides that if there is any amendment there has to be two (2) public hearings which has to be advertised.    Mr. Hall suggested that if the Board moves forward with this process the Township would have to advertise once a week for two (2) separate weeks and then have the public hearings.  Mr. Hall stated that he and Administrator Fetzer discussed that if the Board approves this resolution this evening then the two (2) public hearings could be held at the two (2) regular meetings in May. 

Trustee Chessler made a motion that the Board adopt an amendment to the Illicit Discharge and Illegal Connection Controls Policy and also a long term maintenance Water Quality Practice Policy as mandated by the Ohio Environmental Protection Agency (EPA) and further authorize the Law Director and or the Administrator to take the steps necessary to schedule and announce two (2) public hearings for the regular meetings that are already scheduled for the month of May; Seconded by Trustee Haines.

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

Consider E-mail Retention Policy

Trustee Chessler stated that the email retention policy was discussed previously and Mr. Hall had drafted a policy and circulated it to the Department Heads and it is back before the Board this evening.  Mr. Hall stated that is correct.  Administrator Fetzer stated that there was a Department Head meeting on March 21, 2012 and the email retention policy was reviewed and discussed.  All of the Department Heads were in agreement regarding the content and are recommending that the Board adopts the policy.  Administrator Fetzer stated that Chief Pomesky did have some concerns regarding time frame for retention with certain cases but he was going to address that with Mr. Hall individually.  Mr. Hall that as Chief Pomesky discussed at the last regular meeting, his adopted policy is compliant with this but it is also longer due to the statute of limitations on certain cases.  Chief Pomesky’s departmental policy does fit nicely with this policy.

Trustee Chessler made a motion that the Board adopt the email retention policy in its current form; Seconded by Trustee Haines.

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

New Business:

Trustee Chessler made a motion to approve bills and payroll in the amount of $160,958.36 for the week ending April 10, 2012; Seconded by Trustee Laubacher.

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

Fiscal Officer: 

Trustee Chessler made a motion to approve the minutes from the April 3, 2012 Regular Meeting; Seconded by Trustee Haines.

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


Consider Annual GFI- E- Mail Archiving Renewal

Administrator asked the Board to consider the annual GFI email archiving renewal in the amount quoted at $1,040.00.  Trustee Chessler inquired for what time period.  Administrator Fetzer stated that the renewal is good for the entire year.  Trustee Laubacher inquired if the twenty-five (25) to forty-nine (49) mailboxes were for individual people.  Administrator Fetzer stated that was correct in addition to the three (3) servers.  Trustee Chessler inquired if there was anybody else that could give the Township a quote on this.  Administrator Fetzer stated that she did not research any additional quotes because this is through the company that services the Township currently.  Trustee Chessler asked that this matter be tabled because he would like the chance to look into this to see if there is another direction we could go. 

Trustee Chessler made a motion to table the consideration of the annual GFI email archiving renewal; Seconded by Trustee Haines.

ROLL CALL: Mr. Chessler, yes.  Mr. Laubacher, no.  Mr. Haines, yes.

Fire Department: None.

Police Department: None.

Road Department: None.

Law Director: None.

Zoning: None.


Consider Hiring Two (2) Part-time Seasonal Employees

Administrator Fetzer stated that the Parks/ Recycling Department has had five (5) employees resign and they were not replaced.  Mr. Shreffler, Parks/ Recycling Superintendent is requesting that the Board consider the hiring of two (2) part-time seasonal employees from April 1 to November 1.  Administrator Fetzer stated that Mr. Hall has provided some documentation to the Board regarding seasonal employees.  The seasonal employees would be paid at the rate of $8.26 per hour and not to exceed 1,500 hours per year.  The seasonal duties would consist of helping at recycle, mowing and some operation of the BobCat.  Administrator Fetzer stated that Mr. Shreffler is asking to go through the interview process and bring his recommendation to the Board at the April 24, 2012 work session.

Trustee Haines inquired if the proposed employees would need CDL licenses since they would be pulling a trailer with tractors.  Mr. Hall stated that it would depend upon the GBW of the truck and trailers but he will review that with Mr. Shreffler and Administrator Fetzer to be sure that the Township is in compliance.  Trustee Haines stated that recently the Board adjusted the wages of one of the Parks/ Recycling employees because he is a BobCat operator and inquired if there would be a conflict since the seasonal employees wouldn’t be at the same rate of pay.  Mr. Hall stated that there would be no conflict simply because these employees would be seasonal and they are hired with the expectation that they will only be working for a set period of time.  Trustee Chessler requested that Mr. Shreffler share the prospective applicants prior to making a recommendation for hire.  Trustee Chessler also noted that April 24, 2012 is a work session and asked that the consideration of this matter be pushed back to the May 1, 2012 regular meeting.  Administrator Fetzer stated that Mr. Shreffler is requesting that the job listing be posted on Stark State’s website free of charge to the Board because he has very few applicants at this time.  Mr. Hall suggested that when the Board is ready to hire these seasonal employees that they set a definitive time of the season and if weather permits and the time needs to be extended then the Board can do that at a later time.  The air mark of a seasonal employee is that there is an established season.  Administrator Fetzer stated that Mr. Shreffler is suggested April 1 to November 1.  Trustee Chessler stated that with the mentioned stipulations Mr. Shreffler is requested to proceed. 

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:

A.            April 24, 2012 Work Session/ Joint Meeting with the School Board

B.            3rd Annual Project Perry Pride- Saturday, April 21, 2012- 8:00am to1:00pm at Pfeiffer.

C.            Perry Pride Spring Clean- Up- Saturday, April 21, 2012- 8:00am to 4:00pm, Location: Perry              Township Road Garage- 1500 Jackson Ave. SW, Massillon, Ohio 44646

Public Speaks-Open Forum:

Robert Cash- 3124 Woodrich SW.  Mr. Cash expressed his concern about the large amount of people traveling in vehicles with only one (1) license plate when the State of Ohio requires (2).    Mr. Cash readdressed his concerns about residents following the dog laws in Perry Township.  Mr. Cash suggested that the dog licensing department issue the rules as licenses are given out.  Chief Pomesky stated that the Police Department routinely responds to these types of calls for service.  Citations have been issued in the past.  There are times when life happens and the cable will break.  The Police Department tried to reunite the dog with their owners and is reminded of the leash laws at that time.  If this becomes an issue then it can be dealt with through the citation process.  Chief Pomesky stated that if Mr. Cash has a problem going on in his allotment he is welcome to call the Police Department and they will respond to the area.  Trustee Chessler stated that Mr. Schlegel informed him that the laws regarding to dogs is available on the Perry Township website (

Tim Blythe- Mr. Blythe inquired if seasonal employees are eligible for unemployment benefits after the term is up.  Mr. Hall stated that would depend on the number of weeks/ hours that the employee has worked.  If the work term is April 1 to November 1 the employee would probably be eligible for unemployment benefits.  Mr. Blythe stated that he is concerned about that and suggested that the Board may want to shorten that season up. 

Mr. Blythe inquired what the master plan is for Fasnacht Farm.  Trustee Chessler stated that the Township has a map or rendering that was produced by the architectural company that the Township hired which depicts the master plan.  The Township also held public meetings and gathered information which was consistent with Mr. Fasnacht’s wishes and the requirement that was incorporated with the deed.  Administrator Fetzer stated that the master plan is at the office if Mr. Blythe would like to view it at his convenience.

Mr. Blythe stated that at Perry Park the water from Harsh Avenue rushes down over the small parking area onto the ball field and runs a ditch right along the in field.  Mr. Blythe inquired how feasible or costly it would be to put in a curb along the roadway or parking area.  Trustee Chessler inquired which field Mr. Blythe was concerned with.  Mr. Blythe stated that it is the southwest field which is closest to Harsh Avenue.  Trustee Chessler stated that the Board will have Mr. Masalko look into this matter.


With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 8:00pm; Seconded by Trustee Haines.

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


Craig E. Chessler, President                                     

 Joe Schlegel, Fiscal Officer