Regular Meeting

Regular Meetings 

The Perry Township Board of Trustees meets in Regular Meeting format on the first and third Tuesday of every month at 7:00 PM.   

The meetings are held at the Township Hall located at

3111 Hilton Street NW

in Massillon. Regular Meetings include reports by Department Heads, the Law Director, and the Township Administrator.  The public is welcome to offer comments during the Public Speaks portion of the agenda on township related matters.


Perry Township Board of Trustees


Regular Meeting


July 15, 2014 7:00 pm




Call to Order/ Pledge of Allegiance:


Excused absence:  Trustee, Lee Laubacher


Additions/Deletions to Agenda:  None.


Public Hearings/Invited Guests:




Board has Received a Letter Concerning a Drainage Issue at 5548 Baycrest St. SW


Trustee Chessler stated that the Board received a letter from Jennifer Luke dated July 3, 2014 that was received on July 10, 2014 in regard to a catch basin request.  Trustee Chessler stated that Jennifer was here this evening and asked Trustee Haines if instead of addressing this matter in Public Speaks, if they could indicate that this letter has been accepted and read at this time.  Trustee Haines indicated that he had no objection to addressing this matter at this time.  Trustee Chessler stated that there has not been an opportunity to collectively discuss this matter before this evening’s meeting and also indicated that a decision would not likely be able to be made tonight.  Trustee Chessler noted that Mrs. Luke had also submitted some excerpts from previous Board minutes as well as a series of photographs in regard to this matter.  Trustee Chessler inquired of Mrs. Luke if there was any additional information that she would like to make the Board aware of.


Mrs. Luke stated that there were two (2) points she wanted to make note of.  First and ideally, they would like to see the water diverted between Crestfield Street and Leonard Avenue so there would not be such a major river that runs through there.  Also, the drain from the catch basin that they had personally put in, needs to be professionally installed by the Road Department.


Trustee Chessler stated that per the review of this matter by Law Director Hall and Road Superintendent Masalko, the Board would address this matter at the next Regular Meeting or two and should be able to share some conclusions with Mrs. Luke at that time.


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 and payroll in the amount of $17,873.01 for the week ending July 8, 2014 and bills and payroll in the amount of $165,282.29 for the week ending July 15, 2014  for a combined total of $183,155.30; Seconded by Trustee Haines.


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


Fiscal Officer: 


Consider Increasing 07 Lighting District – $8,611.34


Trustee Chessler stated that the Board received a request from the Fiscal Officer with regard to an adjustment to our budget. 


Fiscal Officer Schlegel stated that in regard to our 07 lighting district fund, he is requesting the Board to increase this in the amount of $8,611.34.  Mr. Schlegel stated that as the Board was aware when the street lights were turned off, there were many requests for street lighting petitions, approved by the Board.  Mr. Schlegel stated that in looking at the first half of what monies were collected and what monies would be collected in the second half, this increase request would be necessary.


Trustee Haines inquired of Mr. Schlegel what lighting district is the 07.  Mr. Schlegel stated that the 07 lighting district fund is everyone who requests a lighting district petition.


Trustee Chessler stated that based on that explanation and the request, makes a motion that the Board approve the request of the Fiscal Officer to increase the 07 Lighting District in the amount of $8,611.34; Seconded by Trustee Haines.


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




Fire Department:


Police Department:


Consideration of a 3.49 Levy ~ November 4


Trustee Chessler stated that this Agenda item was submitted by Police Chief Pomesky by memo dated July 10, 2014 requesting the Board to consider placement on the ballot for the upcoming November election for a 3.49 mil levy for the Police Department’s finances.


Police Chief Pomesky stated that the Police Department is requesting the Board’s approval for the November election to place a 3.49 mil levy on the ballot.  Chief Pomesky stated that this is a necessity at this point due to the current financial state within the Police Department.  Chief Pomesky stated that at the last meeting, a Resolution was prepared by our Law Director asking the Stark County Auditor’s office to certify by that levy and we have received that certification back.  Chief Pomesky stated that the request this evening is for the Board’s consideration and approval to place this levy on the November election.


Trustee Chessler stated that the Certificate signed by Stark County Auditor, Alan Harold states that the estimated Property Tax Revenue that will be produced by the stated millage, assuming the tax evaluation of the subdivision remains constant throughout the life of the levy, is calculated to be $1,670.635.


Trustee Chessler stated that the Board has also had prior discussions at length earlier in the year regarding the prospect of combining levies and seeking this earlier in the year, had decided at that point in time that the Road Department would have the first opportunity to have a levy considered.  The Board deferred action on the Police Levy and we have proposed a two prong approach, one of which is the proposal to renew the existing the 3.9 mil levy which will appear before the voters in August.  The second part of this is to consolidate and to stabilize the Police Department budget and important with that is the commitment by the Board that if the voters would approve the 3.49 mil levy, we would eliminate the 1.25 mil levy and the .5 mil levy meaning that we would have two (2) levies on the books that would come due every five (5) years at the same time.  Trustee Chessler stated that what the voters should know is that the Board believes that this is the best way, after looking at this for many, many years, to consolidate and stabilize the method by which we finance the Police Department and also bring in the amount of money that we believe is appropriate and necessary for the Police Department’s functions. 


Trustee Chessler stated that as Chief Pomesky had noted, we have gone through the first step of requesting the Auditor to determine the amount of money that this levy would generate and feel that it would be adequate for the Police Department.


Trustee Haines reiterated that currently there are three (3) levies of the Police Department and this levy would make two (2) levies, thus eliminating the above-stated 1.25 mil and .5 mil levies.


Fiscal Officer Schlegel stated that at this time, Police Chief Pomesky has to run, out of five years, three levies.  This would now be one time for five years since they will come due at the same time.


Tim Blythe, 2956 Bridgeton St. NW, Massillon – had a question regarding the two (2) levies that will be eliminated and inquired if these will be eliminated immediately upon the passage of the new levy. 


Trustee Haines replied that upon Certification of the passage, at the beginning of the year.


Trustee Chessler stated that the Board discussed this with the Board of Elections and stated that we would have to take some affirmative act, and a leap of faith that the Board is asking the voters to take, that the Board would live up to that commitment to rescind those two (2) levies once they did approve the new one.  Trustee Chessler stated that the Board has done this before with the Fire Department levy.


Mr. Blythe asked per the levy, what the additional funds would be used for.   Mr. Blythe stated that he requested the Fiscal Officer to provide him with a copy of some information about the levy.  Mr. Blythe stated that number one, through the next five (5) years, there is a projected increase of 2%, assuming that is for wages.  Mr. Blythe stated that the 2015 projected budget is 9% more than what the 2014 budget is and even with that, at the end of that five (5) years, there would be almost $1.9 million in excessive funds, so that is why he is asking what those additional funds would be used for.


Chief Pomesky stated that there is going to be a focus on providing services for the Township and increasing those services, patrol wise and detective wise, within the agency that will present themselves, but the overall focus of this at this point is to pass the levy to even retain the services that we provide, because without the passage, we would be going backwards.


Mr. Blythe inquired if there was any way the public could be informed and educated because the signage indicates that there are no new taxes and almost immediately, we are asking for new funds.  The voters might not understand that several previous levies would be taken off.


Trustee Haines stated that it will be a challenge to explain the levy information to the public, via the media and signage that we are looking to take this from two (2) levies to one (1) levy.  It will not be an easy task.  Trustee Haines stated that Chief Pomesky will put together his levy committee and they will undertake getting the word out to the residents/voters. 


Mr. Blythe inquired that if the levy would not pass, what services would be eliminated.


Chief Pomesky stated that they would have to review that at that time, but also added that it would have a severe impact if the levy would not pass.


Fiscal Officer Schlegel stated that without the passage of the levy, the deficit would be in the approximate amount of $425,000.00 to $450,000.00.


Trustee Haines stated that the two (2) smaller levies would still be in tact.


Mr. Blythe stated that he did not disagree that we need to do this levy, but added that he is concerned that we are putting a no new tax levy in August, and then will turn around and add the new levy in November. 


Trustee Haines stated that in regard to the 3.9 mil levy in August, this covers approximately 70% of our budget.  Trustee Haines stated that without the two (2) levies, the 1.25 mil levy and the .5 mil levy, we would not be able to operate the police force so our goal was to get the major levy, which is 60-70% of our budget passed before we proceed with eliminating the other two (2) levies.


Mr. Blythe inquired in regard to the Agenda under Public Speaks on Agenda Items up for Approval and the lighting district money, asked if this money is to be taken from the General Fund to be put into the Lighting District or is it just additional money that needs to be allotted for that account.  Fiscal Officer Schlegel stated that the money is being collected now and has to be adjusted since the budget was done last year and he did not know at that time how much they would receive.


Trustee Chessler inquired if there were any other items to be discussed on the Agenda under Public Speaks on Agenda Items up for Approval, seeing none stated that based on the request, based on the information the Board has and based on the Certification, makes a motion that the Board of Trustees approve placing on the ballot for the November 4, 2014 election, a Police Levy in the amount of 3.49 mills for five (5) years; Seconded by Trustee Haines.


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


Road Department:


Consider Awarding 2014 Paving Bid


Trustee Chessler stated that the Board had previously solicited, received and reviewed bids for the 2014 paving program and added that Road Superintendent Masalko has provided the Board with the results of that evaluation.  Trustee Chessler listed the three (3) bids that were reviewed and evaluated:


  1.  Shelly Company, bid in the amount of $254,831.90
  2.  Northstar Asphalt, bid in the amount of $249,824.60
  3.  Superior Paving, bid in the amount of $222,705.48


Trustee Chessler stated that Superior Paving had the lowest and best bid based on the bid specifications.


Road Superintendent Masalko stated that the Township has worked with Superior Paving the last two (2) times they have done paving and have always been satisfied with their work.  Mr. Masalko stated that he recommends Superior Paving for the 2014 paving program.


Law Director Hall stated that Superior Paving has met all of the bid requirements, posted the proper bid bond and corporate resolutions and stated that he also joins Mr. Masalko in his recommendation.


Trustee Chessler added that Mr. Masalko had also submitted the proposed list of streets to be paved and inquired if Superior Paving was aware of this list when they submitted their bid.  Mr. Masalko stated that was correct and added that the proposed list was included in the bid packet.


Trustee Chessler also stated that the Board is paying for this paving program out of the road budget based on the monies generated and collected prior to the passage of the recent road levy and those funds will be available to us next year.


Trustee Chessler stated that based on the review and recommendation, makes a motion that the Board accept and award the paving bid to Superior Paving for a contract price not to exceed $222,705.48; Seconded by Trustee Haines.


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


Public Speaks-Open Forum:


Sharon Vick, 129 Saratoga Ave. NW, Canton – inquired how it is determined what roads are going to be paved. 


Trustee Chessler briefly explained that Road Superintendent Masalko lists the roads that are in most need of repair and tries to group them in order of need and proximity.


Trustee Haines stated that in the last three (3) years microsurfacing has been used to resurface the Perry Township roads enabling the Township to be able to resurface more roads.  Trustee Haines stated that though the microsurfacing was not the preferred method versus actual paving, with the levy passage the Township made the commitment that we would be able to pave this year.  The budget allows approximately three (3) miles of road to be paved and that puts the Township one step closer to being back on track with a paving schedule. 


Don Vick, 129 Saratoga Ave. NW, Canton – stated that their road was paved after 1971 and has not been done since.  Mr. Vick also made a request if the police could be watchful on their street in the early evenings for speed reasons.


Joyce Bair, 166 Manor Ave. NW, Canton – Mrs. Bair stated that she and her husband live across from an area that Canton Cty owns but is within Perry Township.  Mrs. Bair stated that this area has always been mowed by Canton City, but this season, they have not completely mowed the entire area, just the strips around the edges and it is an eyesore – it borders Manor and Tioga NW.  Mrs. Bair wondered if there was an update on this matter.


Trustee Chessler stated that the Board did receive a letter from another resident in the area in regard to this matter and it was forwarded to Mr. Gordon, Canton City Parks Director.   Trustee Chessler briefly explained the situation of this property and also stated that Trustee Laubacher was exploring the long-term possibility that if Perry Township allowed Canton City to give us that park land, we could put it to a usable purpose.  Trustee Chessler explained that there could be some drainage issues there.  This area must remain a park land because there are restrictions to the use of that land in that regard.  Trustee Chessler stated that he would keep Mrs. Bair updated on this matter.


Jim Rine, 3103 Bailey St. NW, Massillon – asked about an ordinance of maintaining property within the Township and inquired about a vacant lot on the corner across from him with high grass and trees overhanging.  Zoning Inspector Weckbacher stated that this lot has been vacant for years and indicated that it was not known if the owner of the property was deceased.  Road and Parks Superintendent Masalko stated that the parks department has mowed some part of that lot due to sight obstructions from the growth, but it has not been done yet this year.  Trustee Haines indicated that they would have the Zoning Inspector look into the information of the owner of this property.


Tim Blythe, 2956 Bridgeton St. NW, Massillon – Mr. Blythe inquired that in regard to the above stated property that Mrs. Bair spoke about, asked that since this lot is not continuous with Canton, shouldn’t they have to abide by the same zoning code as anyone else in the Township.


Trustee Chessler briefly explained the steps and some communication that has transpired with Canton City regarding keeping this property maintained.  Trustee Haines also added that the Township was making inquiry regarding making this property an active recreation park and has been working with Stark Soil and Water to see what type of soil and drainage issues that would need to be addressed. 


Law Director: None.


Zoning: None.


Parks/Recycling: 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:


~Perry Township Bicentennial meeting on Tuesday, July 29, 2014 at 7:00 pm at the Township Hall


Trustee Chessler stated that he wanted to extend his gratitude on behalf of the Board to Administrator Fetzer, Chief Martin, Chief Pomesky, Road and Parks Superintendent Masalko and all the committee members and volunteers for the successful, well organized and well attended Bicentennial event “Taste of Perry” this past weekend.


Executive Session(s): 


Trustee Haines made a motion that the Board adjourn into an Executive Session pursuant to ORC 121.22 (G) (1) discipline of Fire Department personnel to include the Board, Fiscal Officer, Law Director and Fire Chief with possible action to be taken; Seconded by Trustee Chessler.


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


The Board adjourned into Executive Session at: 7:30 pm


The Board adjourned from Executive Session at: 8:03 pm


Trustee Chessler stated that the Board was presented with a proposed disciplinary matter from the Fire Department.  The Board, through the Fire Chief and with the assistance of the Law Director, worked with the employee’s representatives to schedule and conduct a hearing.  A hearing took place and a recommendation was submitted to the Board, however, upon further consultation with the Fire Chief, the Board would adopt the Chief’s recommendation for the discipline appropriate in this matter and that would be with regard to the matter before the Board of the discipline of Adam Rieger, to accept the Chief’s recommendation to impose a suspension of seventy two (72) hours or three (3) work shifts and also further direct the Chief to direct the employee to submit to an employment counseling evaluation and the Board would then request that evaluation to be provided to the Chief and the Board with that information. 


Law Director Hall stated that he concurred with Chief Martin’s recommendation and the motion made by Trustee Chessler is accurate; Seconded by Trustee Haines.


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




With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 8:07 pm; Seconded by Trustee Haines.


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






Lee Laubacher, President                                                                                             Joe Schlegel, Fiscal Officer