Regular Meeting
Perry Township Board of Trustees
Regular Meeting
April 16, 2013 7:00 p.m.
Call to Order/ Pledge of Allegiance:
Moment of Silence in Honor of the Victims at the Boston Marathon
Excused absence: Charlie Hall, Law Director
Additions/Deletions to Agenda:
Trustee Chessler made a motion to table the minutes from the April 9, 2013 Work Session; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Public Hearings/Invited Guests:
Street Lighting Hearing – Petitioner, James Fye – 13th Street and Delverne
Trustee Chessler offers for the record the documents referred to as the Street Lighting Petition Checklist. This checklist includes the identity of the Petitioner as James Fye of 1302 Delverne Avenue SW, Canton, Ohio. The checklist also indicates that the Petition was circulated on or about March 12, 2013. The Petition contains signatures of greater than fifty percent (50%) of the feet of lots and land abutting streets in the district. Also included is a legal description and aerial map that identifies with particularity this lighting district. The Petition was filed with the Fiscal Officer on March 15, 2013. The Fiscal Officer notified the Trustees of the hearing request on March 19, 2013. The Fiscal Officer set the date of the hearing, March 16, 2013, and is no more than thirty (30) days after notification. The Fiscal Officer delivered a copy of the notice (March 27, 2013) to every landowner at least fifteen (15) days before this hearing. The notice was published in the newspaper one time at least two (2) weeks before the date of this hearing, March 16, 2013. This publication was March 27, 2013. The Petition contains nine (9) signatures of those people that are identified as being Petitioners. Also included is a letter that was submitted by Mr. Fye and Trustee Chessler states that he is personally familiar with the area identified at 13th and Delverne as is Trustee Haines and Trustee Laubacher. Trustee Chessler indicated to the Petitioner, Mr. James Fye, that he was presumably still in favor of the creation of the street lighting district. Mr. Fye indicated that he was.
Trustee Chessler asked if there was anyone in the audience that wished to address the Board on this street lighting petition and speak in favor of the Petition.
Joel and Carolyn Cashner-4414 13th St. SW, Canton, Ohio 44710 – in favor of the Petition.
Trustee Chessler states that this Petition does contain the signatures of nine (9) homeowners and is requesting three (3) street lights based on the current usage rates, the anticipated illumination cost is $3.41 per month or a semi-annual cost of $20.46 which will appear on the tax bills issued in February and July. Trustee Chessler asked if there was anyone in the audience that wished to address the Board to speak in opposition of the Petition. No opposition noted.
Trustee Chessler stated that based on the Petition and comments received at Public Hearing he makes a motion to approve the 13th Street and Delverne SW lighting district as it has been described and set forth in the documents received in the accompanying Petition, the district is established for a one (1) year period; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
13th and Delverne as is Trustee Haines and Trustee Laubacher. Trustee Chessler indicated to the Petitioner, Mr. James Fye, that he was presumably still in favor of the creation of the street lighting district. Mr. Fye indicated that he was.
Trustee Chessler asked if there was anyone in the audience that wished to address the Board on this street lighting petition and speak in favor of the Petition.
Joel and Carolyn Cashner-4414 13th St. SW, Canton, Ohio 44710 – in favor of the Petition.
Trustee Chessler states that this Petition does contain the signatures of nine (9) homeowners and is requesting three (3) street lights based on the current usage rates, the anticipated illumination cost is $3.41 per month or a semi-annual cost of $20.46 which will appear on the tax bills issued in February and July. Trustee Chessler asked if there was anyone in the audience that wished to address the Board to speak in opposition of the Petition. No opposition noted.
Trustee Chessler stated that based on the Petition and comments received at Public Hearing he makes a motion to approve the 13th Street and Delverne SW lighting district as it has been described and set forth in the documents received in the accompanying Petition, the district is established for a one (1) year period; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
as being Petitioners. Also included is a letter that was submitted by Mr. Fye and Trustee Chessler states that he is personally familiar with the area identitfied at 13th and Delverne as is Trustee Haines and Trustee Laubacher. Trustee Chessler indicated to the Petitioner, Mr. James Fye, that he was presumably still in favor of the creation of the street lighting district. Mr. Fye indicated that he was.
Trustee Chessler asked if there was anyone in the audience that wished to address the Board on this street lighting petition and speak in favor of the Petition.
Joel and Carolyn Cashner-4414 13th St. SW, Canton, Ohio 44710 – in favor of the Petition.
Trustee Chessler states that this Petition does contain the signatures of nine (9) homeowners and is requesting three (3) street lights based on the current usage rates, the anticipated illumination cost is $3.41 per month or a semi-annual cost of $20.46 which will appear on the tax bills issued in February and July. Trustee Chessler asked if there was anyone in the audience that wished to address the Board to speak in opposition of the Petition. No opposition noted.
Trustee Chessler stated that based on the Petition and comments received at Public Hearing he makes a motion to approve the 13th Street and Delverne SW lighting district as it has been described and set forth in the documents received in the accompanying Petition, the district is established for a one (1) year period; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Communications:
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business: None.
New Business:
Trustee Haines made a motion to approve bills and payroll in the amount of $26,583.60 for the week ending April 16, 2013; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fiscal Officer:
Administration:
Announcement of BWC Drug Free Safety Workplace
Administrator Fetzer stated that Perry Township has participated in a series of Excellence Programs as promoted by BWC. The DFSP Program provides the Township with a 4% discount on our annual premium rate. Currently the BWC requires a one hour mandatory training for all township employees. In addition, all supervisors and department heads will have an additional two hour training that will take place on Wednesday, May 8, 2013 at Fire Station #3.
Administrator Fetzer stated that in 2009, the Board adopted the original Drug Free Work Place Program – Policy and is now edited to be the Drug Free Safety Program – 2013. The main difference between the two programs is the Safety Aspects: 1) Training Supervisors on Accident Analysis Programs and 2) Submitting BWC claims on line. Administrator Fetzer requests the Board to make a text amendment to the original Drug Free Work Place Program – Policy, adopted in 2009 to be edited as Drug Free Safety Program – 2013. All of the edits that are requested will be copied and provided to all employees to update their Employee Handbooks at the upcoming in-service.
Trustee Chessler stated that based on the presentation by the Administrator, he makes a motion that the Board adopt the text changes to the proposed amendments to add the language to the three (3) places identified in the BWC Drug Free Work Place written materials; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Perry Township Rotary Donation to Perry Parks
Administrator Fetzer stated that Perry Township Rotary has generously donated five thousand dollars ($5,000.00) from the proceeds of their previous Turkey Trot this past November, 2012 to Perry Township. In the spring of 2014, the Township is planning to partner with Perry Local Schools, Perry Rotary and Perry Youth Soccer in order to create a pavilion at Meredith Park. The construction is in conjunction with the Meredith Park Master Plan. Administrator Fetzer stated the Building Trades Class, under the direction of class supervisor, Mark Byrd, will construct the shelter on site at Meredith Park. The quote for all supplies was previously submitted to the Board by Mr. Bryd. Administrator Fetzer requests that the Board authorize her to proceed with the donation and to contact all parties involved.
Trustee Haines made a motion requesting that the Perry Township Board of Trustees accept the five thousand dollar ($5,000.00) donation from the Perry Township Rotary’s proceeds of the November 2012 Turkey Trot to construct a pavilion at Meredith Park with matching donations from Perry Youth Soccer under the direction of Mark Byrd with Perry Local Schools; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Beaver Excavating – Sponsorship to Friends of Perry Parks
Administrator Fetzer stated that on April 1, 2013, the Board sent notification to 65 non-profit organizations in Stark County requesting sponsorship of The Friends of Perry Parks. The Township received a Sponsorship from Beaver Excavating, a/k/a the Sterling Family Foundation in the amount of five hundred dollars ($500.00).
Trustee Haines made a motion requesting that the Perry Township Board of Trustees accept the first donation to the Friends of Perry Parks in the amount of five hundred dollars ($500.00) from the Sterling Family and Beaver Excavating; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fire Department:
Consider Request for Proposal to Remount Medic 15 on New Chassis
Fire Chief Martin stated that the Fire Department requests the Board of Trustees to authorize the solicitation of bids for the remounting of an existing Life Line Type III Class I Ambulance body currently mounted on a Ford E-450 chassis, on to a 2013 Chevrolet G-4500 cab and chassis.
Trustee Chessler stated that based on the request of the Fire Chief, he makes a motion that Chief Martin be authorized to take any and all steps necessary to solicit bids for the remounting of the existing Life Line Type III Class I Ambulance body currently mounted on the Ford E-450 chassis, to change that to a 2013 Chevrolet G-4500 cab and chassis and to authorize the solicitation of bids and instructions to bidders to be distributed as well; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Police Department: None.
Road Department: None.
Law Director: None.
Zoning:
Consider Request of Text Amendment for Internet Cafes
Zoning Inspector Weckbacher stated that in reference to Case PE 01-13 – the definitions and allowance of Internet Skill Games to go into a B2 commercial district was started by the Trustees on February 5, 2013 and went to the Stark County Regional Planning for their recommendation on February 12, 2013. The Township’s recommendation was received on March 7, 2013 and the recommendation for request was denied. The Stark County Regional Planning committee would like for the Township’s definitions to be separated, as per Skill Games and Internet Cafes. Mr. Weckbacher stated that he sent the Planning Committee’s recommendation and some other literature to Law Director Hall and he came up with an amended version of the definitions that went before the Zoning Commission on March 21, 2013. Mr. Weckbacher stated that this amended version was approved by the Zoning Commission and stands before the Perry Board of Trustees for final approval.
Trustee Haines stated that because this request is an amendment to the Zoning Resolution already in existence, this is a Notice of Hearing requesting any comments, opposed to or for the amendment, and he welcomed the audience to comment at this time.
Tim Blythe- 2956 Bridgeton St. NW, Massillon 44646 – Mr. Blythe asked if there was a way in the Resolution to document a maximum number of skilled cafes allowable in the Township so as not to have one at every B2 site. Zoning Inspector Weckbacher stated that it was not permissible to limit this amount.
Trustee Chessler stated for the record that the Zoning Commission last considered this on March 21, 2013 and recommended an approval of the amendment.
Trustee Haines stated that for the knowledge of the general public, based on this Resolution, the Township has collected close to forty thousand dollars ($40,000.00) in revenue from these skills games.
Trustee Chessler stated that the Board concurs and approves the recommendation of the Zoning Commission to approve this text change; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Parks/Recycling: None.
Executive Session(s):
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department: None.
Road Department: None.
Zoning: None.
Law Director: None.
Upcoming Events:
April 21, 2013, Noon – 3 p.m. – The Timken Company will host a Tree Planting Day at Petros Lake Park.
April 27, 2013, 10 a.m. to 2 p.m. – Drug Take Back at Anytime Fitness in Marc’s Plaza ~ Any unused or out-of date prescriptions can be turned in and the Police Department will dispose of those.
Public Speaks-Open Forum:
Patricia Cusano-720 Mohawk Ave. NW, Canton 44708 – Patricia stated that she lives at the corner of Monticello and Mohawk Avenues and also stated that she was here this evening regarding the resident that has the shooting range in his backyard. Patricia stated that she is aware that there have been other residents here at the Township meetings and numerous calls to the police department regarding this matter. Patricia briefly discussed her opinion on this matter and also her calls to the police department. Mrs. Cusano stated that she has been told that nothing can be done to remedy this situation but she
feels that something can be done.
Trustee Chessler briefly discussed previously researching this particular matter with Law Director Hall as well as the Township Association in Columbus when first hearing of this back in November 2012. Trustee Chessler stated that the Township is prohibited from adopting any rule, regulation or law that would inhibit a person’s right to possess, use or discharge a firearm, but State Legislature has the power to prohibit these kinds of matters. After a brief discussion, Trustee Chessler encouraged Mrs. Cusano to speak to her state legislator. Trustee Haines and Police Chief Pomesky also made comments regarding this issue.
Dave Kerestes-3500 Lincolnway East – Mr. Kerestes stated that he was looking into Zoning Certificate Requirements. Mr. Kerestes referred to businesses along Lincolnway/W. Tuscarawas and pointed out violations regarding temporary signage, specifically, 3315 Lincolnway, The Hype. Mr. Kerestes noted that violation Notices have been sent out to this business for several months and that monies owed to the Township have not been settled.
Trustee Haines stated to Mr. Kerestes that if he would give a list of things that he feels are violations and address them to the Perry Township Zoning Inspector, they will investigate and verify these violations.
Adjournment:
With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 7:49 p.m.; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Doug Haines, President Joe Schlegel, Fiscal Officer
Perry Township Board of Trustees
Regular Meeting
April 16, 2013 7:00pm
1) Pledge of allegiance:
2) Excused absence:
a) Charles Hall, Law Director
3) Additions/deletions to agenda:
4) Public hearings/invited guest:
a) Street Lighting Hearing- Petitioner ~ James Fye ~ 13
th Street and Delverne
5) Communications:
6) Public speaks on agenda items up for approval:
7) Township business requiring Board action:
a) Unfinished business:
b) New business:
i) Consider approval of bills in the amount of $26,583.60 for week ending 04/16/13
ii) Fiscal Officer:
1) Approval of minutes from 04/09/13 work session
iii) Administration:
iv) 1) Announcement of ~ BWC Drug Free Safety Workplace
Employee and Supervisor Training ~ Thursday April 18
th 9:00am until 12:00pm and 7:00pm to 8:00pm ~ Consider amendment to original policy
2) Perry Township Rotary Donation to Perry Parks~ $5,000
3) Beaver Excavating~ Sponsorship to Friends of Perry Parks ~ $500
v) Fire Department:
1) Consider request for proposal to remount medic 15 on new chassis
vi) Police Department:
vii) Road Department:
viii) Law Director:
ix) Zoning:
1) Consider request of text amendment for Internet Cafes
x) Parks and Recycling:
x) Executive session (s)
8) Department matters not requiring action:
a) Administration:
b) Fire Department:
c) Police Department:
d) Road Department:
e) Parks/Recycling:
f) Zoning:
g) Law Director:
9) Upcoming events:
a) Timken Company to host a Tree Planting Day at Petros Lake Park April 21
st from noon to 3:00pm
10) Public Speaks – Open forum:
11) Adjournment:
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.