Regular Meeting
Perry Township Board of Trustees
Regular Meeting
February 5, 2013 7:00pm
Call to Order/ Pledge of Allegiance:
Excused absence: None.
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests: None.
Communications:
Request of Patty Knotts, Executive Director of Perry Helping Perry- Requesting Waiver of Permit Fee Concerning Shed on Perry Local Schools Property
Trustee Haines stated that Patty Knotts, Executive Director of Perry Helping Perry is requesting a waiver of the permit fee to build a shed on Perry Local School’s property. Mr. Weckbacher stated that he received this request and the permit fee for a 14’x20’ shed would be $41.80. The school property has quite a bit of acreage and the shed will be sitting on that property. Mr. Weckbacher stated that under zoning section 1302.3 the Board has the ability to waive fees for permits on school property. Trustee Chessler inquired where on school property the shed would be located. Mr. Weckbacher stated that the shed will be located over by the bus garage. Recently, the schools built a new building to store lawn mowing equipment. This shed will be located right behind that building and close to the bus garage. Trustee Haines inquired if this shed will have utilities in it. Mr. Weckbacher stated that it would not.
Trustee Chessler made a motion that the Board approve waiving the permit fee for a 14’x20’ storage shed to be located on school property as requested by Patty Knotts, Executive Director of Perry Helping Perry pursuant to section 1302.3 of the zoning resolution; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business:
Consider Definition for Skilled Games/ Internet Cafés
Mr. Weckbacher stated that Mr. Hall drafted a resolution for the definition of skilled based amusement sweepstake devices, skilled games, skilled devices and internet sweepstake cafés. Mr. Hall also included under section 711 that the above described would only be allowed in a B-2 Commercial District. Mr. Weckbacher explained that with that the zoning goes backwards so these types of businesses would be allowed in two (2) districts; B-2 Commercial District and ID Industrial. If the Board approves this resolution tonight it will go to Regional Planning by February 20. Then it will go before the Perry Township Zoning Commission in March and come back to the Board of Trustees for final approval.
Trustee Haines inquired if the dates will allow the Township to collect these fees this year. Mr. Hall stated that the resolution becomes effective thirty (30) days after the Board’s final approval so it will be sometime in April. Trustee Laubacher verified that this has to go to the Zoning Commission and then back to the Board of Trustee for final approval. Mr. Hall stated that was correct. First, it will go to Regional Planning who may have some comments or recommendations. Then to the Zoning Commission who may have comments or recommendations. Then it will come back to the Board of Trustees for final review and determination.
Trustee Chessler made a motion that the Board approve a resolution to amend the Perry Township Zoning Resolution to create a definition of skilled games and regulate such a use permitted in a B-2 Commercial as outlined in the resolution; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
New Business:
Trustee Haines made a motion to approve bills and payroll in the amount of $242,972.15 for the week ending January 29, 2013 and bills in the amount of $42,224.33 for the week ending February 5, 2013 for a combined total of $285,196.48; Seconded by Trustee Chessler.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fiscal Officer:
Trustee Chessler made a motion to accept the minutes of the January 22, 2013 Regular Meeting; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Administration:
Consider Memorandum of Understanding Concerning “The Hype”
Trustee Chessler stated that as a result of incidents which occurred last year the Police Department and Police Chief put together a public meeting at the Police Department in the wake of a shooting that occurred at “The Hype” dance club. At the meeting, the owners of the business did come and voluntarily enter into a public dialog. They answered questions to the extent that they could. There were a lot of questions asked of them and the Police Department. It was a fruitful dialog that took place. Among the things that the owner has done is try to provide and enhance security. The owners have met with the Police Department officials and cooperated with them in the investigation. They have taken some measures and some steps in the wake of this to remediate some issues that were brought to their attention. Trustee Chessler stated that he felt that it would be a good idea to make this more of a formal thing as much as they were willing to come forward and participate with this.
Trustee Chessler stated that he drafted a written “memorandum of understanding” which the Board has received a copy of. Among the things that the Board was called upon was to consider whether there was any legal avenues to shut the business down or to revoke its liquor permit. The State of Ohio issues and renews liquor permits and the Board of Trustees does not have any direct input or direct decision making in the process there. Trustee Chessler stated that he thought it would be a good idea if they could monitor compliance with their efforts and so the written “memorandum of understanding” does put in itemized fashioned several things that the Board will be looking at over the next several months or a period of one (1) year. The owner of the establishment Mr. Oser has reviewed this “memorandum of understanding” and had his lawyer look it over. They are in agreement with its terms. Mr. Hall and Chief Pomesky have reviewed the “memorandum of understanding” as well.
Trustee Chessler stated that he believes that the document includes the issues that are most relevant. Among the things that the Board is looking at is that they are going to continue to obey all laws and permit requirements. They will promptly respond to and remediate all matters relating to zoning, building and fire prevention departments. This would include compliance with our zoning directive to remove a portable sign. They have already taken steps necessary to move a fence that was a sight obstruction/ traffic hazard. They will continue to monitor and remediate problems having to do with traffic and parking. They will at all times employ, institute and utilize all measures to insure the physical safety of the patrons, employees and the general public. This will include equipment and procedures to screen those entering the premises for weapons and other dangerous items. They will institute and follow all reasonable means and take appropriate remedial measures to prohibit improper possession, consumption or use of alcohol, drugs or contraband by Club employees or underage persons on the Club premises. They will take reasonable measures to ensure that patron/employee vehicles do not cause obstruction to public in lawful use of roadways and/or do not cause inconvenience or obstruction to the residential or business property owners near the Club. The Club shall use best efforts to anticipate those occasions where a large crowd might appear, and take reasonable steps and measures to ensure the problems and activities heretofore described do not occur.
In consideration of substantial compliance by the Club with the foregoing, the Board will hold in abeyance any action seeking to have liquor permit revoked, to object to the removal of liquor permit or file an original action in court seeking a determination of the Club to be a “public nuisance.” Failing any of those things the Board reserves the right and maintains the right to take any and all such measures should any act or occurrence takes place after they enter into this agreement. Trustee Chessler stated that the Board is going to keep an eye on this. Trustee Chessler stated that he and the Police Chief have volunteered to meet on a periodic basis with the club owners. Those matters will be reviewed at that time. The police, fire prevention, zoning and anything having to do with the building department will be discussed at that time and there will be a plan of action to make sure that this doesn’t happen again. Trustee Chessler stated that he has enlisted the agreement of one of the citizens who lives in the Pinehill’s area to serve with this group that will meet. It is anticipated that the group will meet every other month on the even numbered months and it will be on the Tuesday nights in which the Board has their work sessions. Trustee Chessler stated that he believes that this is possible because the club owners have indicated a willingness to do these things, to cooperate and do their best to be more attentive and in tune with their neighbors.
Trustee Haines stated that he thinks it’s important that the resident be involved with the group so that the neighborhood has someone that can voice their concerns. Trustee Laubacher inquired if the resident had a copy of the “memorandum of understanding.” Trustee Chessler stated that he will get a copy and pending the approval by the Board he will get with him to confirm. Trustee Chessler stated that he will ask Chief Pomesky and the owners to be available next Tuesday and they will schedule their future meetings.
Trustee Chessler made a motion that the Board adopt the “memorandum of understanding” pending approval by the owners of “The Hype” Ultra Dance Club; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fire Department: None.
Police Department:
Consider the Appointment of Rick Perez as Reserve Officer
Chief Pomesky stated that he provided the Board with a memorandum recommending that they approve the hire of Rick Perez as a reserve officer with the Perry Township Police Department. Chief Pomesky stated that with that he has provided an updated job description for a reserve police officer and is asking that the Board approve the creation of that position as well. In the past, there have been reserve police officers but it has been some time since those ranks have been filled. Chief Pomesky stated that he thinks it is important to note that this position comes at a minimal cost to the Township for some equipment items. Overall, the time put in will come in at no charge to the Township. The job description will require sixteen (16) hours per month of the individual appointed into that position. Trustee Haines stated that Rick Perez brings a wealth of experience to the Police Department and the Board certainly appreciates that.
Trustee Chessler made a motion that the Board amend and or adopt the job description for the position of Reserve Police Officer for the Perry Township Police Department; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Trustee Chessler made a motion that the Board approve the hire of Rick Perez as a reserve police officer with the Perry Township Police Department; Seconded by Trustee Laubacher.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Massillon City Jail Contract
Chief Pomesky asked the Board to approve the Massillon City Prisoner Transportation agreement. There are some changes from the previous year. The City of Massillon sent a two (2) year agreement. Most of what they have changed is in the way that they bill. In the past, they have used a percentage of utilization of their service and pushed that out to the participating agencies. Now they have assessed it per prisoner so that the cost in 2013 will be $125.00 per prisoner to transport them to and from court and in 2014 the cost will go up to $130.00 per prisoner. Chief Pomesky stated that he has requested the historical data regarding the amount of transports that their department has preformed for our agency. If our numbers hold steady in 2013 the cost will be approximately $45,750.00 for their services. In looking at 2014 with an increase up to $130.00 per prisoner and assuming the arrest rates hold steady the approximate cost would be $47,580.00. That is roughly a 9.7% increase from what was seen in 2012 when the department was paying $41,700.00.
Chief Pomesky stated that being that the options are some what limited the Police Department is not set up as a department to perform these prisoner transports. It would require a van and training. If there is an extended stay at court the prisoner would have to be provided with a meal. The department would also need a housing location. Chief Pomesky recommended the approval of this contract for the next two (2) years. Mr. Hall stated that he wanted to point out that even though it is a two (2) contract with a two (2) year rate he wanted to direct their attention to the last paragraph of the agreement where it states that it is terminable by either party with thirty (30) days notice. So, if there should be some major change from Perry Township and they want the agreement cancelled it can be done with thirty (30) days notice.
Trustee Laubacher inquired if the number of prisoners has increased over the last several years. Chief Pomesky stated that from 2011 to 2012 the number of prisoners decreased slightly. In the last quarter of 2011 to 2012 the Police Department transported 366 prisoners. When you look at the last quarter of 2010 to 2011 the Police Department transported 378 prisoners. Unfortunately, business has been good and the Police Department is using the service. Chief Pomesky projected that those numbers from years previous are low compared to what will be seen in the future. Trustee Chessler inquired if this will affect the patrol officers if they have the option to summons them to court as opposed to making an arrest. Chief Pomesky stated that at this point with booking felonies and domestics they issue summons as often as they can right now. So, it shouldn’t have any other affect. This number is based on the bare minimum. Trustee Laubacher inquired if the $47,580.00 figure could be higher. Chief Pomesky stated that is correct.
Trustee Chessler made a motion that the Board authorize entering into an agreement with the City of Massillon and Perry Township for transportation of prisoners taken into custody by Perry Township consistent with the written agreement that has been provided setting forth the terms of service from January 1, 2013 to December 31, 2014 at the stated amount per prisoner transported; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Road Department:
Consider Approval of the 2012 Township Highway Mileage
Mr. Masalko stated that every year the Township get evaluated for highway mileage. In 2012, the Township decreased by 0.46 miles. The Stark County Engineers have done the documentation and the Board needs to approve this and from there it will be sent to the Ohio Department of Transportation. The reason for the decrease in miles is because of the annexation of “Dave” near RG Drage. Trustee Haines confirmed that vacated streets do not play a part in number for highway mileage since the Township did not maintain those streets. Mr. Masalko stated that was correct.
Trustee Chessler made a motion that the Board approve the 2012 Township highway mileage as determined by the Stark County Engineers Office; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Memorandum of Understanding Between Perry Township and Stark Soil and Water Conservation District for Technical Assistance
Mr. Masalko stated that the Road Department has been in an agreement with Stark Soil and Water for many years. Stark Soil and Water perform construction site inspections for storm water run off and post construction run off quality which is minimum control measures. They go out on site for any construction site over an acre throughout the Township. They take law enforcement people out on these sites to make sure that they comply with MS4/ NPDES agreement. Trustee Chessler inquired if the amount is a “not to exceed” amount. Mr. Masalko stated that is correct and the cost is $5,000.00. The Board needs to make a motion to accept this agreement. Trustee Chessler stated that this is an unfunded mandate that the Township is forced to accept and pay for each year. But the alternative would be to have our staff who is not trained or in the appropriate capacities to be doing this work and Stark Soil and Water is. It’s another situation where there are not many viable alternatives other than to enter into these agreements and pay the money that is requested.
Trustee Laubacher made a motion that the Board pay the $5,000.00 to the Stark Soil and Water Conservation District and enter into an agreement with them for the Ohio EPA MS-4/NPDES permit; Seconded by Trustee Chessler.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Law Director: None.
Zoning: None.
Parks/Recycling: None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department:
December 2012 Statistics
Road Department: None.
Zoning: None.
Law Director: None.
Upcoming Events:
A. Perry Township business Exchange Meeting- Tuesday, February 26, 2013 from 7:30am to 8:30am – venue TBA.
B. Liquor license request identified as C&J LLC dba CJ’s Bar and Grill – B TRFO 1170150- 3333 Lincoln Way East, Perry Township, Massillon, Ohio 44646- Response deadline February 22, 2013.
Public Speaks-Open Forum:
George Goodman- 200 Proudley Ave. SW. Mr. Goodman expressed his concerns regarding the noise coming from “The Hype.” Mr. Goodman stated that they dropped off a petition signed by thirty (30) of his surrounding neighbors that are having issues with “The Hype.” Mr. Goodman stated that he is in bad health and just doesn’t know what to do about this issue anymore.
Susie Goodman- 200 Proudley Ave. SW. Mrs. Goodman expressed her concerns regarding the noise coming from “The Hype.” Mrs. Goodman stated that she has called the police many times and they tell her, “we don’t know how to help you” and “only you complain.” Mrs. Goodman stated that she can hear the music and it drives her crazy. The music is the loudest around 1:30am or 2:00am. Mrs. Goodman stated that she calls the police when she hears the music. They play music at all times of the day. Trustee Haines inquired if they play music in the morning also. Mrs. Goodman stated that they do play music in the morning. Trustee Haines stated that the Board is trying to build a relationship with the residents in that area and the club and Trustee Chessler has went to great lengths to come up with the committee to monitor the situation and issues with “The Hype.” The Township is going to continually monitor what is going on at the club. Trustee Haines reiterated Trustee Chessler’s explanation that the Board of Trustees can not revoke “The Hype’s” liquor permit. That is controlled by the State of Ohio. The “memorandum of understanding” that is now in place will give “The Hype” strict guidelines that they are required to follow or there will be some recourses at that point. Up until this point the Township has not had the recourse to shut the business down or anything of that nature. Obviously, this situation is on the Board’s radar as well as the Police Chief’s radar. Everybody is watching what happens there.
Mr. Goodman stated that he has talked to other authorities (such as the Stark County Commissioners) and everyone keeps telling them to contact the Board of Trustees. Mrs. Goodman stated that they also have problems with the patio at the business. Trustee Chessler stated that he understands what the Goodman’s are saying. Trustee Chessler stated that he has been in contact with the Stark County Commissioners. The Police Chief and the Police Department have been out to address these matters many times. They respond at the times in which the Goodman’s have indicated that the problems take place and they have independently verified when there was and when there was not noise. They have tried to intervene and mediate with this and to the extent that the Township has records. It does bare out the fact that the Goodman’s are the only one’s that are complaining about these issues. Mrs. Goodman stated that they are not the only ones complaining.
Trustee Chessler asked the Police Chief to explain the steps that the Police Department has taken over the past eight (8) months to mediate this issue. Chief Pomesky stated that he and Detective Barker went out to the business to do a sound check on the business on a day that the Goodman’s were home. Chief Pomesky asked the business to turn up there system as loud as they possibly could turn it without damaging their equipment and they would drive and walk the area to determine if they could hear the music being played. Chief Pomesky stated that he was standing in their parking lot and he was unable to hear the music. During that same time frame within a half hour the Police Department received no calls for service in that area. Chief Pomesky stated that he has eight (8) different officer’s that have been out to address these complaints and he has even given the Goodman’s his cell phone number to call when the problems are occurring. Chief Pomesky stated that he has even stopped out at the resident to see if he could hear the noise. The Police Department is not able to replicate the circumstances that the Goodman’s are experiencing and that makes it very difficult to address the complaints because they can not enforce action on something that they can’t observe. Mr. Goodman stated that they turned in a petition with thirty (30) names on it who are experiencing problems with “The Hype.” The Board said that they got a copy of the list. Mr. Hall stated that eight (8) different officers have responded to thirty-five (35) plus calls for service. The officers heard the noise when the rear doors were open. They directed the club to close the doors and then the problem stopped. For a misdemeanor citation a police officer has to be able to observe the violation. If eight (8) different police officers are not observing violations then they can not issue a citation whether the complaint are coming from one (1) person or thirty (30).
Elizabeth Lupi- 5060 Monticello Avenue NW. Ms. Lupi inquired if she could get a definition of the noise ordinance for Perry Township. Mr. Hall stated that they can provide a copy of the noise ordinance to Ms. Lupi but the noise has to be consistent, observable and intrusive from a distance of at least one hundred (100) feet away.
Joan Toussant- 5050 Monticello Avenue NW. Ms. Toussant stated that she lives in the condominiums on Monticello Avenue NW and the gentleman that lives at 5051 Monticello Avenue NW is constantly shooting his guns. Ms. Toussant stated that they are tired of hearing the shooting and it is very disruptive. Even when the windows are closed in the winter time you can hear the guns being shot. In the summer when you are sitting out on your deck it is very loud and disruptive. Last Thursday this gentleman shot his guns for forty-five (45) minutes straight. Ms. Toussant stated that she has worked midnights for twenty-seven (27) years and she has never encountered anything like this before. Ms. Toussant stated that she has lived at this address for twelve (12) years and it use to be a very peaceful neighborhood until this guy moved in. Ms. Toussant stated that last Thursday when he shot for forty-five (45) minutes straight she called the Police Department and Sergeant Hamilton responded. As soon as Sergeant Hamilton responded the shooting quit. It was almost like they saw the police car and quit. Ms. Toussant stated that she talked to Sergeant Hamilton and he indicated that what he is doing is legal. Ms. Toussant stated that the shooting is very loud. It is more disruptive than a barking dog.
Trustee Chessler inquired what Ms. Toussant would do if she had the ability to stop the problem. Ms. Toussant stated that she would not allow people to shoot guns in neighborhoods. Trustee Chessler stated that Ms. Toussant’s solution to the problem is to prohibit someone from discharging a firearm. Ms. Toussant stated that was correct. Trustee Chessler stated about a year ago another resident on Monticello attended a meeting. Trustee Chessler stated that after that he called the Ohio Township Association and all of the State Legislator’s; one (1) of which called him back. Trustee Chessler stated that he looked into this matter quite extensively not necessarily because of the noise that is involved but because he thought it was incredibly stupid for anyone to be discharging a firearm in a residential area especially where the homes are so close together. Trustee Chessler stated that the Ohio Township Association magazine had an article that stated that one of the legislative priorities for this year includes a State initiated law that would restrict or regulate the discharge of firearms in residential neighborhoods. This is not a problem that is common to Perry Township. Trustee Chessler stated that it has been his experience, that when this has been proposed before, these types of things are dead on arrival because the National Rifle Association and other lobbying groups will look at anything to inhibit, prohibit, limit, modify a person’s right to have and discharge firearms as a threat. This is a Columbus thing. This is not a Perry Township thing. Trustee Chessler stated that the Board of Trustees is prohibited from adopting anything having to do with firearm use but the State Legislator’s can. Ms. Toussant inquired if anything can be done about the noise from the firearms. Mr. Hall explained that the Board of Trustees can not make any regulations regarding firearms to include; proximity, location, height or sound. Trustee Chessler encouraged Ms. Toussant to contact the State Legislator’s. Mr. Hall stated that he will provide Ms. Toussant a copy of the noise ordinance as well as the statute regarding firearms.
Ms. Lupi stated that there are also issues with fireworks, bonfires, four-wheelers. They are loud at all hours of the day. Trustee Haines inquired if there were any issues with the bonfires. Chief Martin stated that in regards to open burns the Fire Department will come out to evaluate the situation. The Fire Department carries copies of the open burning law and if it is determined that someone is in violation and it is a repeated offense they will pass it along to Air Quality Management and they will fight people about those types of burns. Chief Martin stated that he can go back and look through the records. Ms. Lupi stated that the Fire Department has been out and their determination was that the fire was within regulation because it was only three (3) tall. Chief Martin inquired if the bonfires are on that person’s property. Ms. Lupi stated that it was. Chief Martin stated that they can have fires on their property but if they are exceeding the size of fire that they are allowed that is when it becomes an issue.
June Cerreta- 5052 Monticello Avenue NW. Ms. Cerreta stated that the same neighbor shoots off fireworks and they are landing in her property. Chief Pomesky encouraged Ms. Cerreta to call the Police Department when this is occurring so that the problem can be addressed.
Trustee Haines acknowledged the Boy Scouts that were in the audience attending this evenings meeting. The Boy Scout leader indicated that the scouts were in attendance working on their “Communication” merit badge.
Executive Session(s):
Mr. Hall stated that he did not receive some of the things he thought he was going to receive from the Road Union and he did get some things that he is going to need more time with. Mr. Hall asked the Board to delay the executive session until next week’s work session so that he could address some of the new developments. Trustee Haines inquired if the Board will need to take action. Mr. Hall stated that no action will need to be taken. It will just give them the opportunity to speak confidentially about contract matters.
Adjournment:
With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 8:02 pm; Seconded by Trustee Haines.
ROLL CALL: Trustee Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Doug Haines, President
Joe Schlegel, Fiscal Officer