Regular Meeting

Perry Township Board of Trustees

Regular Meetings

August 21, 2012 7:00pm

Pledge of Allegiance:

Excused absence:  Chief Martin- Out of town assisting the Department of Homeland Security

Hearing- Consider Zone Change Case PE 02-12 Revised

Applicant(s):      Elaine Smith (Irwin)

Reclassification of land:               FROM:  M-D Multi-Use Overlay

                                                                To:          I-D Industrial

Description of Property:               Portion of one parcel, totaling approximately 9.24 acres, located at the southeast corner of Faircrest Street and Shepler Church Avenue in the SE ¼ Section 25, Perry Township (legal description on file in office).

RPC Recommendation:Denial

Perry Township Zoning Commission:     Denied- July 26, 2012

Trustee Chessler stated that the Board has received transcript of the hearing held by the Perry Township Zoning Commission.  It was previously announced that the case would be heard by the Board of Trustees on August 21, 2012 at 7:00pm.  Trustee Chessler opened the floor to the applicant or anyone in favor of the zone change request.


Ms. Smith stated that the purpose of the request is due to economic necessity.  Ms. Smith stated that she would like to become an industrial business owner.  There was an opportunity to lease the property at one time which would have allowed Ms. Smith to survive financially.  The leasee wanted to store pipe and materials on the property but found through zoning that was not an acceptable use on this piece of property because it is zoned MD- Multi Use Overlay.  The only way to allow this type of usage is to have the property re-zoned to ID- Industrial.  Ms. Smith stated that there are approximately five or six properties on the northwest corner of Shepler Church and Faircrest that is zoned ID- Industrial.  Mr. Weckbacher stated that was correct.  Ms. Smith inquired if those people are allowed to live there until the use changes.  Mr. Weckbacher stated that those residences are grandfathered because the homes were already there when zoning was developed.  It is considered a non-conforming use of an industrial property.  Ms. Smith inquired if it would be a permitted use if the property owners sold their homes to be used as an industrial use.  Mr. Weckbacher stated if they changed the residential use would stop and the industrial use would take over.  Then the property could not go back to being used as residential.  Ms. Smith verified that the property owners could sell their homes to an industrial business and it would be a permitted use.  Mr. Weckbacher stated that is correct.

Ms. Smith stated that one of the main concerns or objections from Stark County Regional Planning did not have a buffer to shield industrial operations from the surrounding property owners.  Some of the neighbors were concerned about increased truck traffic in the area.  Ms. Smith stated that is why it made more sense to rezone this portion of the property because it is already in a high traffic area.  Ms. Smith inquired what will buffer her property if all the homes on the northwest corner sell and become industrial businesses.  Ms. Smith stated that her property changed when the City of Canton and Bob DeHoff put the Industrial park next door to her property.  Ms. Smith stated that she fought long and hard to maintain the integrity of her property and she is suffering for it.

Trustee Chessler noted that past records show that in 2008 Ms. Smith’s property was rezoned from R-2 Single & Two Family Residential to MD- Multi- Use Overlay.   Ms. Smith stated that at that time she requested that particular zone change so that she could operate a veterinary hospital/ horse farm on the property.  Trustee Chessler inquired if the Board would see a third zone change request if the pipe storing business didn’t work out and she needed the property zoned for something else.  Ms. Smith stated that the Industrial zoning would allow everything but residential.  Industrial use would allow commercial and other things that may give her opportunities to use her land if needed.  Ms. Smith stated that she does not anticipate any more zone change requests. Ms. Smith stated that her goal is to make a living to survive and still protect the neighboring properties as much as possible.

Against: None.

Trustee Laubacher stated that though he would like to be in favor of the zone change to help Ms. Smith economically but after reviewing the Zoning Commission minutes and the recommendation from the Stark County Regional Planning Commission he is concerned about the effects this zone change could have on the neighboring properties.  Trustee Laubacher stated at this time he is not in favor of approving the proposed zone change.  

Trustee Chessler stated that he would like to echo some of the points made by the Stark County Regional Planning Commission.  Willingly or not Ms. Smith’s property does serve as a buffer from the Industrial property that is beyond Perry Township’s jurisdiction in the City of Canton.  The property to the north has an industrial classification but the properties located to the west and south are classified as residential.  The 2008 zone change to MD- Multi-Use Overlay did preserve the land between the Mills Industrial Park at the residential district as a buffer.  The Stark County Regional Planning Commission felt as if the MD- Multi-Use Overlay classification served well as an appropriate buffer to help protect the existing homes from the intense industrial uses.  The Stark County 2030 Comprehensive/ Transportation Plan identifies the future land use of the area in question as developing suburban living area, with industrial development to the north and east.  Trustee Chessler stated that he feels that the property in question does serve its purpose in protecting and providing a transitional buffer area to the large number of residential properties in the area.  Trustee Chessler stated that the property is good as it stands.  Trustee Haines stated that he has the same sentiments.  

Trustee Chessler noted that the Stark County Regional Planning Commission suggested that the general area surrounding the proposed tract appears to be in transition and staff would encourage the Township to consider an overall rezoning plan for this corridor.  Trustee Chessler stated that he feels that this would be a good thing for the Zoning Commission to look into and make a recommendation to the Board of Trustees.  Mr. Hall reminded the Board of Trustees that it takes a unanimous vote to overturn the decision of the Zoning Commission.  

Trustee Chessler made a motion that the Board adopt and affirm the recommendation of the Zoning Commission to deny the request; Seconded by Trustee Haines.

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


Additions/Deletions to Agenda: None.

Public Hearings/Invited Guests: None.


Proclamation Read into the Minutes- Summerdale Park Initiative

Trustee Chessler read the proclamation for the “Summerdale Park Initiative:”

“Whereas, the establishment of Perry Township beginning in 1814 has taken pride in its community, history, safety forces, services and recreational areas for all community members to enjoy; and,

Whereas, Perry people are commonly, in large part known for their reputation of love for their community, with a reputation of hard working, dedicated citizens, employees; and to acknowledge the Summerdale Park Initiative;

Whereas, theretofore, the Board of Trustees proudly acknowledges the efforts of Home Depot, Eagle Scout Project, Perry Township Rotary, Perry Local Schools, Perry Township Road, Parks and Maintenance Employees, Family Memorial and any and all individuals who donated to and/ or took part in the Victoria Lacen Wells Memorial~ Love is the Movement, which collaboratively have enhanced Summerdale Park for the benefit of all community members;

Now, therefore, in recognition of this community endeavor, BE IT RESOLVED and duly noted this 21st day of August, 2012 that the Perry Township Board of Trustees does hereby recognize and honor the Summerdale Park Initiative for providing additional recreational opportunities to our community.  Be it further resolved that the Board of Trustees and the community join in this moment of celebration and acknowledgement by hereby declaring the acknowledgement of the Summerdale Park initiative.”

Road Vacation Notice of Groveland Avenue from Stark County Commissioners

Trustee Chessler stated that the Board has been notified by the Stark County Commissioners that they have received a request for the vacation of Groveland Avenue.  The public hearing will be at 1:00pm on September 26, 2012 in the Stark County Office Building, 110 Central Plaza S.  Any written comments should be sent to the County’s Business/ Property Manager Rick Floury prior to September 18, 2012. The area is located south of the existing paved portion of Groveland SW and it bisects the property currently owned by Claud and Berdine Klick and Christopher Dennis.  This has become what is known as a paper street.  This would have served as an extension of Groveland had it been constructed and built.  It has not been constructed or built nor is there plan to do so in the future.  These persons have filed a petition with several others to the County Commissioners.  The Commissioners are the entity that will make a ruling in favor or against the vacation permit.  The Board of Trustees is permitted to be present and offer comments or testimony.  Trustee Chessler stated the Board invites those who are affected and or interested to the Commissioner’s meeting on September 26, 2012.

Public Speaks on items up for Board Approval: None.

Township Business requiring Board Action: None.

Unfinished Business: None.

New Business:

Trustee Chessler made a motion to approve bills in the amount of $122,756.41 for the week ending August 21, 2012; Seconded by Trustee Laubacher.

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

Fiscal Officer:  

Trustee Haines and Trustee Laubacher asked that the minutes be approved with their edits.

Trustee Chessler made a motion to accept the minutes of the August 7, 2012 Regular Meeting and the August 14 Work Session as amended; Seconded by Trustees Haines.

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


Consider Preliminary Authorization of Perry Football Father’s Club to Hold a Community Event at Hartwick Park- August 2013

Trustee Chessler stated that the Board received a request and proposal from the Perry Football Father’s Club to hold a community event at Hartwick Park in August 2013.  The community event would include a community festival and parade.  Trustee Laubacher and Administrator Fetzer attended a meeting for this proposed event.  Trustee Laubacher stated that the event is being put together by Mike Bowen.  Administrator Fetzer stated that it is a three (3) day event (Thursday, Friday & Saturday).   Trustee Laubacher stated that the Perry Football Father’s Club is starting to plan far enough in advance to make all of the appropriate plans.  Trustee Haines stated that Mr. Bowen is the gentleman who brought back the Richville Festival and has experience in planning these types of events.  Administrator Fetzer stated that the Perry Football Father’s Club is asking the Board to make a motion to allow them to proceed.  Trustee Chessler inquired if a formal motion is necessary.  Mr. Hall suggested a formal motion be made since it is a specific request and it will be involving police and fire services.

Trustee Chessler made motion that the Board of Trustees by resolution give their preliminary approval to authorize the Perry Football Father’s Club to proceed in planning and establishing a community event to take place at Hartwick Park in August of 2013 and pledge to work cooperatively with their group including Township police, fire and road authorities to take the steps necessary and assist them in their efforts to obtain the appropriate permits for the function; Seconded by Trustee Haines.

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

Fire Department:

Consider the Purchase of Turnout Gear Lockers

Deputy Chief Abbott stated that the Fire Department is requesting that the Board consider the purchase of ten (10) turnout gear lockers from Gear Grid Corporation at a total cost not to exceed $2,457.00.  Trustee Laubacher stated that there was a lower quote provided and inquired why Chief Martin is recommending Gear Grid.  Deputy Chief Abbott stated that only two (2) bids were received.  The Lockers from Gear Grid are a little bit smaller in width and therefore they can fit ten (10) lockers in instead of nine (9).  Technically, the individual lockers are cheaper through Gear Grid but they are able to purchase ten (10) instead of nine (9) because of the smaller size.

Trustee Chessler made a motion that the Board authorize the purchase of ten (10) fire fighting turnout gear lockers from Gear Grid Corporation at a total cost not to exceed $2,457.00; Seconded by Trustee Laubacher.

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

Consider the Purchase of New Fire Prevention Vehicle

Deputy Chief Abbott stated that the Fire Department is requesting that the Board consider the purchase of a 2013 Ford Econoline Cargo E-350 Super Duty Commercial Van.  This van will replace the current 1999 Chevy and will be used for the same purposes such as; hailing the econ trailer, hazmat trailer and county safety trailer for educational programs and training. Trustee Laubacher stated that he spoke with Gary Swisher who indicated that the current van needs replaced because it is starting to rust out.  Mr. Schlegel stated that this purchase was budgeted for.  Trustee Chessler stated that the quote from Waikem was cheaper than the state bid.  Trustee Haines inquired if the Fire Department thought about trading the old van in.  Deputy Chief Abbott stated that Chief Martin mentioned putting the van through auction but it would be up to the Board to make the final decision.  Trustee Laubacher stated that he talked to Mr. Hall regarding selling the van out right and since it is worth less than $2,500.00 the Township can do that without going through the auction.  It will be up to Chief Martin and Mr. Swisher to determine the worth of the van.

Trustee Laubacher made a motion that the Board authorize the purchase of a 2013 Ford Econoline Cargo E-350 Super Duty Commercial Van from Waikem Ford at a total cost not to exceed $21,799.92; Seconded by Trustee Chessler.

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

Police Department:

Consider a Resolution for Mutual Aid

Chief Pomesky asked the Board to consider a resolution for mutual aid between the Perry Township Police Department and other surrounding agencies so that there is an efficient system in case of a crisis or emergency where additional man power is needed.  This resolution does not have an expiration date and it allows the Township to provide and receive mutual aid from other surrounding agencies that have passed the same resolution. This has been a project through the Stark County Police Chief’s Association to get a resolution for mutual aid.  They are working on an internal website for those agencies that have passed this resolution to know who they can call and who is on board with this so far.  Trustee Laubacher inquired if the Township has been doing this automatically.  Mr. Hall stated no.  Mutual aid can not be done automatically and it has to be approved by the Board.  In the past, the Township has separately entered into separate and distinct mutual aid agreements with adjacent police agencies; Canton, Jackson Township, Massillon and so forth.  This law now allows, with Board approval, to render assistance to any law enforcement agency in the state and to request any assistance from any law enforcement agency in the state with no expiration.

Trustee Haines made a motion that the Board to authorize the multi-jurisdictional police mutual aid  to any county, municipal, township, township police district, joint police district park district, port authority, multi-jurisdictional drug, gang or career criminal task force without a contract pursuant to RC 737.041; Seconded by Trustee Chessler.

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

Consider Repeater Upgrade Request

Chief Pomesky asked the Board to consider approving the request for a repeater upgrade.  Over the past few months the Police department has updated their radio systems to digital and have seen significant improvement throughout the Township.  Being that the Police Department is on their own system there is a necessity to have backup for times where the primary system may be down for service or if it would fail for any reason.  Chief Pomesky stated that he has looked into the most cost effective ways to upgrade the system.  Quotes were received from; Staley Technologies $3,525.00 and B&C Communications $3,535.00.  Chief Pomesky recommended that the Board approve the quote from Staley Technologies being that they provided the lowest quote.  

Chief Pomesky stated that the Police Department has also taken the steps necessary to apply for a second repeater pair with the FCC so that as a back up it could be up and running continuously.  This allows the Police Department to keep this repeater on 24/7 with a different frequency.  In the event that there would be a failure with the main system the officers could make a simple switch as opposed to having to take down one repeater and setting up the other.  Trustee Laubacher inquired if both repeaters will be in the same location.  Chief Pomesky stated they would not be in the same location.  One repeater would be located at the Police Department and the other would remain at Fire Station #3.

Trustee Chessler made a motion that the Board authorize Chief Pomesky to take the steps necessary to make the purchase of the repeater from Staley Technologies at a cost not to exceed $3,525.00; Seconded by Trustee Laubacher.

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

Consider Emergency Authorization for Repair to the Antenna at Station #3

Chief Pomesky asked the Board to consider emergency authorization for repairs to the antenna at Station #3.  The Police Department was having problems broadcasting throughout the new antenna system. B&C Communications came out with their tower company to service the antenna.  The price for the testing and dismantling each component came to $2,060.00.  After everything was tested and reconnected the problem was corrected.  Trustee Chessler inquired if the charges for the freight charge and shipping was included the in the total price.  Chief Pomesky stated that was correct and everything was included in the itemization provided to the Board in the memorandum.

Trustee Chessler made a motion that the Board approve the emergency repairs and authorize payment to B&C Communications as per their itemized invoice in the amount of $2,060.00; Seconded by Trustee Haines.

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

Road Department: None.

Law Director: None.


Consider Assessments April thru June 2012

Trustee Chessler stated that the Board has received a list of properties in which the Zoning Department has made assessments to recoup the costs.  Mr. Weckbacher stated that he has posted all of the properties listed more than ten (10) days ago advising the owners or person(s) responsible for the property to reimburse the Township for the abatement of nuisances that have been paid for by the Trustees.  Mr. Weckbacher asked the Board to certify the list assessed properties with some changes.

– 4622 17th St. NW – Property has been transferred to new owners.  Property should not be assessed because the new owners did not own the property at the time of nuisance abatement.

-4517 Tioga NW- Property has been transferred to new owners.  Property should not be assessed because the new owners did not own the property at the time of nuisance abatement.

Mr. Weckbacher stated that he will still continue to work with the bank to recoup the fees for both properties.  Mr. Weckbacher stated that there are two (2) other properties that he is working with the real estate agents to be paid for.  The other assessments will be sent to be certified but these two (2) properties will be held for ten (10) days to see if a check is received.  If a check is not received within ten (10) days, they additional two (2) properties will be sent to be certified as well.  Both real estate agents have promised that the money is on its way.  Trustee Chessler verified that the certified letters have already been sent to the property owners and the next step is the certification.  Mr. Weckbacher stated that is correct.

Trustee Chessler made a motion that the Board authorize the Zoning Inspector to take the steps necessary to certify to the County Auditor the costs that have been assessed for recovery against the listed properties (except 4622 17th St. NW & 4517 Tioga NW) and further authorize the Zoning Inspector to wait ten (10) days to see what property owners have complied and take those off the list as well; Seconded by Trustee Haines.

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

Consider Listing Properties for County Treasurers Program

Trustee Chessler stated that the Board received correspondence from the County Treasurer regarding a new program call the “Stark County Land Reutilization Program.”  This program among other things would allow Perry Township to seek and recover costs that they spend for such things as like demolitions.  Perry Township has identified eight (8) parcels that fit and tentatively qualify for this program.  A list with the eight (8) addresses will be submitted to the Stark County Treasurer.  

Trustee Chessler inquired if Mr. Hall knew what the next step of the process is.  Mr. Hall stated that the County Treasurer will make a list and will review it with the Stark County Commissioners who will authorize the expenditure to demolish the properties.  Once the properties have been remediated they will go on a list to be sold after the statutory period has been complied with.  The idea is to put the properties into the productive tax base by either rehabilitating or reusing them.  Trustee Chessler noted that there are two properties that the Board has received complaints about, one on 15th St. NW and one on 15th St. SW, that the Township may be eligible to get reimbursement for the cost of demolition.    

Trustee Chessler made a motion that the Board by resolution notify the County Treasurer of the eight (8) properties in Perry Township in which to be considered for the benefits of the “Stark County Land Reutilization Program”; Seconded by Trustee Haines.

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

Parks/Recycling: None.

Department Matters Not Requiring Board Action:

Administration: None.

Fire Department: None.

Parks/Recycling: None.

Police Department:

July Monthly Statistics

Road Department: None.


Law Director: None.

Upcoming Events: None.

Public Speaks-Open Forum:

Timothy Blythe- 2956 Bridgeton St. NW.  Mr. Blythe stated that at a meeting back in July he made a suggestion that the Board consider changes to the health insurance for the non-union work force.  Mr. Hall at that time stated that there was a state and federal mandate that did not allow that.  Mr. Blythe stated that he recently put in a request for that mandate and has not yet received that.  Trustee Chessler inquired if there was an answer to that question yet.  Mr. Hall stated that he is working on this.  The request from Mr. Blythe came in on Thursday after and he was out of town in Michigan for the weekend.  Mr. Hall stated that he discussed this with Administrator Fetzer this afternoon and he will have an answer to the Board shortly.  Trustee Chessler stated that the question has also been posed to the insurance broker at Aultcare who has passed that question on to their legal service division to get a direct answer.  Mr. Hall stated that they are researching the answer to the question and will have it as soon as possible.  

Mr. Blythe stated that at the last regular meeting there were several complaints made about several different properties and inquired what has been done since then to address those complaints.  Trustee Chessler stated that Mr. Weckbacher has undertaken the task of addressing each of the complaints that were brought to the Board’s attention.  Mr. Weckbacher stated that he has sent several letters out and has received some responses.    Perry Auto (corner of Delaware) has been cleaned up and tires are gone.  The grass has been cut at the corner of Lincoln Way and Overmont.  The Deville property across the street also got mowed.  Mr. Lawly from Eagle Automotive was contacted and he showed the contract showing that the asphalt siding that has broken away is going to be sided.  The Perry Inn has been contacted and they have ordered new fencing and gate that they are going to replace the deteriorating fence.  The automotive business located at Lincoln Way and Highland was contacted and they will be scrapping and painting their pillars.  Mr. Weckbacher stated that he has been working to address all of the complaints.  Mr. Blythe inquired if there have been any letters sent addressing the complaints on Southway.  Mr. Weckbacher stated that no letters have been sent to those address yet.  Mr. Blythe stated that this is a testament that hands are not tied.  All it takes is a little bit of proactiveness.   If you notify somebody, most people will try to comply.  Mr. Weckbacher stated that Mr. Blythe has turned in other complaints and he has addressed all of them.  The complaint on Southway is going to be the biggest and is a huge undertaking.  Mr. Blythe stated that he doesn’t disagree but the Board stated previously that the Township doesn’t have the resources and they react to complaints.  When it comes time to have to react to complaints it is a lost cause.  Trustee Chessler stated that the points are well taken but just like other communities, zoning is complaint based and the Township doesn’t have the man power to send someone out looking for violations to the zoning code.  Mr. Blythe stated that it doesn’t have to get to that point but if you continue to send out letters most people want to be compliant.  

Trustee Laubacher stated that the used car lot at the corner of Lincoln Way and Sippo parks the cars out into the road right-of-way and inquired if there was a way to ask the owner to move the cars back.  Mr. Hall stated that if it is on private property and the cars are not parked within the traveling portion of the right-of-way then the Township zoning code does not prohibit that.  If the cars are within the traveling portion of the right-of-way and in the way of motorists then that is a traffic violation.  Mr. Hall stated that this is an issue that can be discussed by the Zoning Commission to determine if there should be a reasonable set back particularly along the state route.

Trustee Chessler stated that after reviewing the pictures from the complaints what struck him was how bad the portions were that are controlled by the state.  The “devil’s strip” areas are un-kept and Trustee Chessler inquired if there was anything that the Township could do if the state is violating the zoning code.  Mr. Hall stated that he doesn’t believe that there is a whole lot that can be done because of immunity and that is why most communities legislate that the devil’s strip be maintained by the adjacent property owner.  The current zoning resolution does not have that in place.  Mr. Hall stated that he wanted to give this some additional thought.  Trustee Chessler stated that currently it should be the responsibility of the Ohio Department of Transportation and there should be an administrative head that the Township can push to help out with this matter.

Brian McBurney- 6770 Westwood Ave. SW.  Mr. McBurney stated that he is concerned about drainage problems on Harding Ave. SW.  Mr. McBurney stated that he attended a meeting last year to voice his concerns after the area had experienced some hard rains.  Mr. McBurney inquired what the status of this matter was.  Mr. Masalko stated that the problem on Harding is that it is all aging pipe.  The Township has little to no resources/ funds to change all of the aging pipe.  Usually, when projects like this are done the home owner has to pay for the pipe.  Mr. McBurney stated that he is talking about opening up the ditches.  Mr. Masalko stated that those areas are all off road parking that people along Harding use.  Mr. McBurney stated that at one time all of those areas were open ditches and the Township filled them in many years ago.   Mr. McBurney inquired if the Township has any liability for the flooding that the closed ditches are causing.  Mr. Masalko stated that back when the Township was established it was all open ditches.  The residents probably requested that the ditches be closed to make more off road parking.

Charlotte McBurney- 514 Harding Ave. SW.  Mrs. McBurney stated that she has lived on Harding for fifty-two (52) years and since the ditched were filled in all of the water drains across the road and onto her property.  Every time it rains, it floods.  Mrs. McBurney inquired why the street had letters spray painted on it.  Mr. Masalko stated that he was looking for the utilities to make those all open ditches.  Mrs. McBurney inquired why that couldn’t be done now.  Mr. Masalko stated that they figured it would light a fire with the residents on both sides of the roads who utilize the off road parking.  Mrs. McBurney stated that all of these people have driveways.  Mr. Masalko stated that the Road Department will not clear the ditches without Board direction.  Mrs. McBurney stated that they just did the ditches by Watson Elementary.  Mr. Masalko stated that Watson probably requested it.  Mrs. McBurney stated that she is requested that the ditches be done on Harding.  Mr. Masalko stated that in order to do a project like this approximately fifteen (15) properties would have to be ditched.  Trustee Haines inquired where these properties drain to.  Mr. Masalko stated that the properties drain to 13th Street.  Trustee Chessler stated that the way he assesses this is that Mrs. McBurney wants her ditch opened up to allow the water to drain from one side to the other.  In order to do that, the Township would have to open the ditch for fourteen (14) other people that may not want that.  These other people have developed a sense of entitlement to be able to park on the street.  Even though this is within the road right-of-way the Township would be disrupting people’s habits and lifestyle by doing that.  Trustee Chessler stated that before something like this is done the Township should evoke democracy and see if it is an idea that is well received by everyone.  Mrs. McBurney stated that the next time there is a hard rain she wants the Board to comes to her house and see the amount of water that runs across her driveway and yard.  

Trustee Laubacher inquired if there was a way to put in an additional catch basin in the area.  Mr. Masalko stated that the pipes have all deteriorated and the Road Department does not have the money to replace everybody’s pipes.  If the Township does it on Harding then everyone else in the Township will want their pipes replaced.  Mr. McBurney stated that they are not asking for the whole neighborhood to be done and suggested that the Township do one street a year or something.  Mr. Masalko stated that if the Township starts opening up all of the ditches then there are going to be a lot of upset residents because they will no longer be able to park on the street.  Mr. McBurney inquired if the Road Department could install new culverts.  Mr. Masalko stated that is something that the residents would have to pay for.  Trustee Chessler stated that the Board adopted a policy a long time ago that states if the Road Department will dig the ditch it is the resident’s responsibility to pay for the pipe.  The Road Department would drop the pipe in and fill the ditch but is would be the responsibility of the resident to provide the top soil and seeding.  A lot of people will not undertake the expense because it is expensive.  Trustee Chessler stated that he understands the concerns and suggested that a survey be sent to the resident’s on Harding to find out what the level of interest would be.  Mr. Masalko stated that is about the only thing the Road Department can do because they can not go out and just start ditching people’s parking areas.  Mrs. McBurney stated that she feels that she has paid her taxes for fifty-two (52) years and something should be done for her.

Christine Noggle- 644 Buckwalter Dr. SW.  Mrs. Noggle stated that the new parking lot that was put in at Perry Park is filled with weeds and it looks bad.  Mr. Masalko stated that the parking lot was put in to help with overflow parking for the baseball games.  The lot is owned by the cemetery but the Township was given permission to put the parking lot in.  The baseball association paid for the materials.  Mrs. Noggle inquired whose responsibility it is to maintain the parking lot.  Mr. Masalko stated that he thinks it would either be the Park Department or the baseball association.  Mrs. Noggle stated that the ditch by the parking lot has never been maintained and the weeds are so high you can’t even tell it’s a ditch.  Then the weeds are unbelievable all throughout the actual parking lot.  Mrs. Noggle asked the Board to have something done to maintain the lot so that it looks nicer.  The Board stated that they will find out whose responsibility it is to maintain and see what can be done to improve the conditions of the parking lot.

Richard Robinson- 567 Roxbury Ave. NW.  Mr. Robinson stated that he is concerned about the car lot on SR 172 parking cars onto the sidewalk.  Pedestrians have to walk on the street to get around the cars.  Chief Pomesky stated that he will look into this complaint.

Jennifer Miller- 160 Rowmont SW.  Ms. Miller thanked the Board and Mr. Weckbacher for addressing the zoning complaints that were discussed at the previous meeting.

Executive Session(s):  

Trustee Chessler made a motion to adjourn into Executive Session pursuant to ORC 121.22 (G) (1) compensation to include the Board of Trustees and others as requested; Seconded by Trustee Haines.

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

The Board adjourned into Executive Session at: 8:37pm

The Board adjourned from Executive Session at: pm


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

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

Craig E. Chessler, President                                     

 Joe Schlegel, Fiscal Officer