Perry Township Board of Trustees
August 14, 2012 7:00pm
The Board has previously reserved the right to take action at this meeting
Pledge of Allegiance:
Excused absence: None.
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests: None.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Consider Accepting the Retirement of William Neider- Park and Recycling Department
Trustee Chessler made a motion that the Board accept the retirement of William Neider from the Perry Township Park/ Recycling Department effective July 27, 2012; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Trustee Chessler made a motion to approve bills and payroll in the amount of $141,383.15 for the week ending August 14, 2012; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Conduct 2013 Budget Hearing for Approval
Mr. Schlegel stated that this budget hearing is required by law. In the past the budget hearing had to be posted in the newspaper and was open to the public. The budget hearing no longer has to be posted in the paper nor is it open to the public. Mr. Schlegel stated that if there are questions he would be happy to answer them. The budget is required to be to the Budget Commission by August 20, 2012. The Board has received a copy of the budget which is made up of estimated numbers that will more than likely change dramatically before the final budget is approved.
Mr. Schlegel read the 2013 Estimated Budget:
01 General Fund $735,360.00
02 Motor Vehicle Tax $141,100.00
03 Gasoline Tax $225,450.00
04 Road & Bridge Fund $848,228.00
07 Lighting Assessment $10,000.00
09 Police District $2,943,645.00
10 Fire District $2,671,395.00
11 Road District $621,526.00
14 DARE $26,481.43
14B OVI Task Force $-0-
14C Federal Training Police Fund $-0-
14D PRIDE Money $5,500.00
15A General Bond Retirement $75,879.00
15B Park Bond $52,708.04
22 Drug Fund $6,000.00
27 Insurance Fund $890,000.00
30 Issue 2 $-0-
33 DUI Fund $20,000.00
Trustee Chessler inquired what numbers Mr. Schlegel believes will fluctuate. Mr. Schlegel stated that the carry over numbers will go up because he always estimates those figures very low since it is difficult to estimate a carry over half way through the year. Trustee Chessler verified that the Board would still have the opportunity to submit Issue 2 projects or other things where the Township would be a conduit for funding. Mr. Schlegel stated that was correct and should that be the case the Township would just have to do an amendment to the budget. Trustee Chessler stated that per the governmental calendar the Board will have to approve the final budget for the upcoming year in December. Mr. Schlegel stated that was correct. Trustee Laubacher inquired why the Lighting District funding dropped from $20,000.00 this year to $10,000.00 next year. Mr. Schlegel stated that it is just an estimated guess.
Trustee Chessler made a motion that the Board accept as submitted the budget for 2013 as the Fiscal Officer has presented; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Fire Department: None.
Police Department: None.
Road Department: None.
Law Director: None.
Executive Session(s): None.
Department Matters Not Requiring Board Action:
Fire Department: None.
Police Department: None.
Road Department: None.
Law Director: None.
A.) Perry Township Business Exchange Meeting- Tuesday, August 21, 2012 7:30am at the Perry Township Police Department Community Room- Submit online RSVP response at www.perrytwp.com.
Public Speaks-Open Forum:
Brittany Ford- 344 Overmont Avenue SW. Mrs. Ford stated that fifty (50) feet from her back yard there is a dirt bike track located on an adjoining property. The dirt bikes are not just out for an hour at a time every now again. The dirt bikes are operating for long periods of time including on Sundays from 10:00am to 8:00pm. Mrs. Ford provided the Board with an aerial view of the property and explained the close proximity to her home. The grass has been etched out and the track is dirt only. Mrs. Ford noted that her neighbors Ralph and Debbie’s house is owned by Stark County Metropolitan Housing and Section 4 of the Perry Township Noise Ordinance clearly states that the making of any unnecessary noise by a person or the operation of any instrument, device, agency or vehicle within eighty (80) feet of any portion of the grounds or premise of a hospital or institution reserved for the sick, aged or infirm. Mrs. Ford stated that she spoke with Stark County Metropolitan Housing who confirmed that special accommodations for Ralph and Debbie’s disability/ handicap are in affect at that premise. Trustee Chessler inquired what type of handicap is in affect. Mrs. Ford stated that Ralph and Debbie are both deaf and Debbie is going blind. Debbie is unable to go outside at her home because the dust is so bad. Ralph and Debbie do not have air conditioning so they were depending on three (3) window air conditioners. The window air conditioners are costly but Ralph and Debbie are not able to open their windows to off set the cost because of the dust.
Mrs. Ford referenced Ohio Administrative Code (OAC) rule 3745-17-08 The Restriction of the Emission of Fugitive Dust which clearly states that in areas defined in Appendix A (which includes Perry Township) any person can not emit fugitive dust; no person shall cause or permit any fugitive dust to be operated or any material to handle, transport or stored. Mrs. Ford stated that she spoke with the Stark County Health Department who stated that they would look into this complaint. Trustee Chessler asked Mr. Hall if he knew the definition of fugitive dust or what that would include or not include. Mr. Hall stated that he has dealt with a similar matter before and does not believe that this is applicable to this situation. Perry Township does not have jurisdiction over this matter. Mr. Hall stated that Mrs. Ford was correct in contacting the Stark County Health Department because they have exclusive jurisdiction. Mr. Hall stated that the Canton City Health Department has the air quality control enforcement for all of Stark County. Trustee Chessler verified that the Stark County Health Department has been notified. Mrs. Ford stated that is correct.
Jacob Ford- 344 Overmont Avenue SW. Mr. Ford stated that according to the OAC the definition of “fugitive dust” is any visible suspended solid. Mr. Ford stated that if you walk out of his house during the time that the individuals are riding dirt bikes there are clouds of dust going over the whole street. Mrs. Ford stated that she has footage and photographs depicting three (3) dirt bikes going around causing clouds of dust if the Board would like to see.
Mrs. Ford stated that they have tried to compromise with the home owners to come up with a solution. Mrs. Ford stated that she also spoke with Renee who is the home owner at 3001 Connecticut SW who indicated that she would not be making the dirt bike activity stop because if the boys didn’t have riding as a way to burn off energy they would be breaking into homes and cars in the neighborhood. Mrs. Ford stated that she has gone door to door that surround the premise where the dirt bikes are operating. Everyone is fed up with it and they want it to stop. Mrs. Ford stated that she collected names, addresses, complaints and proposed resolutions from those who are affected in the area. Mrs. Ford stated that the day prior several adolescent boys riding dirt bikes were standing on the edge of her property pointing and looking at her residence. Mrs. Ford stated that at this time she is not scared but is unsure of the situation because of previous comments that they have made. Mrs. Ford stated that she has not spoken with the Police Chief directly, but responding Sergeants and Police Officers have indicated that nothing can be done at this point. Mrs. Ford stated that she has also been working with State Representative Christina Hagan’s office to come up with a solution for this. Trustee Chessler inquired what their proposal was. Mrs. Ford stated that she is still going back and forth with them.
Mrs. Ford stated that they tried to come up with an agreement and comprise. At one point, there was an agreement and the riding had calmed down for a short period of time. Now that the weather has cooled down again, the riding is coming back with vengeance. Trustee Chessler stated that prior to this summer he does not recall seeing or hearing of dust being an issue which may be due to the dry weather. Mr. Ford stated it is due to the dry weather but over the years the grass has worn away and the riding is taking place on a dirt track. Trustee Chessler verified that the complainants are saying that the dust is caused by a combination of a dry summer and greater usage. Mr. and Mrs. Ford stated that was correct.
Stefie Huwig- 302 Overmont Avenue SW. Ms. Huwig stated that she has lived at her residence for forty-eight (48) years and the Township has always made them mow twice a year in this area which helped with the dust. Ms. Huwig stated that Renee hasn’t had the property mowed in a few years. Trustee Haines inquired if anyone knew Renee’s last name. All complainants stated that they did not know Renee’s last name.
Mr. Ford read some information and resolutions that are from other Townships and States regarding dust and noise. Mr. Ford stated that the Perry Township Noise Ordinance references motor vehicles, music and dogs. Everyone has cars, dogs and most people listen to music. Not everyone rides dirt bikes and that is why it is not specified in the noise ordinance. The ordinance does state that it is not limited to those factors and other factors that may be harmful to other people’s well being should be included. Mrs. Ford stated that when she went door to door there were two residences that stated they did not have an issue with the dirt bikes but all of the other residents in the area were glad to see someone doing something about the situation. Trustee Chessler verified that the dirt bikes riders are only riding on their own property. Mr. and Mrs. Ford stated that is correct. Trustee Chessler inquired if there was any other activity going on that is objectionable other than the discussed complaints of dust and noise. The complainants stated no.
Trustee Chessler stated that this matter is like most in that it is a balancing of people’s rights. When you own property, you have a certain bundle of rights. A lot of times it is common sense, common courtesy and a balancing of rights. Over the course of time there are certain types of behaviors that cross the line and warrant the need of some type of regulation. Trustee Chessler stated that any enforcement authority regarding the dust comes to the Health Department because of the fugitive dust and the health risk that there may be. Trustee Chessler stated that he is looking at the activity here and whether or not the government has the ability to regulate that. Trustee Chessler inquired what if anything can be done by the Township to regulate the operation of dirt bikes on private property. Mr. Hall stated that very little but as far as the noise the Perry Township noise ordinance may be applicable. The noise has to be persistent, abrasive and constant for a period of at least twenty (20) minutes. The Township does not have a decibel level so there becomes a subjective issue. Mr. Hall stated that he will review the noise ordinance and get back to the Board regarding what can be done. Trustee Chessler inquired if dirt bikes were included in those types of devices that could create an unreasonable type of environment. Mr. Hall stated that he would assume that they are not included if the mufflers in place. If the mufflers have been removed then it possibly could be included. It is a fine line. Mr. Hall reminded the Board and the complainants that the law of nuisance is very complicated in that it is mostly fact driven and case developed. Some of the neighbors may have additional, more specific ability to enforce a private nuisance complaint against these neighbors by consulting with a private attorney than the Board may have as a Township. By law the Board can enforce and control public nuisances versus a private nuisance. Just because a nuisance may affect everyone in the neighborhood it does not necessarily make it a public nuisance. A public nuisance is litter, sewage, junk motor vehicles and etc. Mr. Hall stated that he will research and review public nuisance and the noise ordinance and report back to the Board, Police Chief and Zoning Inspector regarding the noise and complaint in question. Mr. Hall advised that the community/ neighborhood that it may be worth their while to consult with an attorney regarding a private nuisance law suit.
Continued: Unfinished Business:
Discussion of Street Lighting
Trustee Chessler stated that the Board previously announced that they would be discussing street lighting and thanked Trustee Laubacher for all of the ground work that he has put forth to gathering information for the Board. The Board has been presented with a blown up map that has many areas depicted on it. Trustee Chessler stated that through this discussion he would like to walk away with an organized structure on how the Board should approach either turning lights off or determine the lights that are serving a beneficial purpose to the Township.
Trustee Laubacher stated that the Quincy/ Overdale Lighting District includes thirty-nine (39) lots/ eleven (11) light poles in which the residents are paying for. The Aurora Lighting District includes one hundred and thirty-six (136) lots/ fifty-one (51) light poles in which the residents are paying for. Trustee Laubacher stated that the residents need to be paying more towards these lights. Mr. Schlegel explained that the lighting districts are renewed every five (5) years. Within those five (5) year periods the cost of lighting increases. If the lighting districts are renewed every year the Township would be able to catch all of the increases. Mr. Schlegel stated that the Township could talk to the electric companies to find out if they will hold the rates for one year. Mr. Schlegel inquired if the Township can assess extra charges if the electric companies don’t hold their rates. Mr. Hall stated that the Township would have to certify the amount to the County Auditor and then the amount will show up on the next tax duplicate. Mr. Schlegel recommended that the lighting districts be renewed every year. Trustee Laubacher stated that the Township needs to be sure that they are charging the right amounts otherwise anything extra is being paid from the General Fund. Trustee Chessler stated that the renewal of the lighting districts could be added onto the agenda for the re-organization meeting so that the Board does not forget to appropriately adjust any or all renewable lighting district rates. Mr. Hall stated that he will have to review the actual contract language but does not believe that either of the two electric companies will object to that assessment.
Trustee Laubacher stated that the Rolena Circle Lighting District includes eleven (11) lots/ three (3) light poles. The residents on Rolena Circle should have been charged for the street lights. The Board made a motion approving the lighting district but it was never implemented. Trustee Laubacher stated that the Rolena Circle Lighting District needs to be implemented and the residents need to be charged for the lights immediately. The Board needs to send a letter to the residents on Rolena Circle informing them of this situation. Trustee Laubacher inquired how soon the Township can begin collecting money for this lighting district. Mr. Hall stated that it will start from the time of certification. The sooner the Township certifies with the County Auditor the better. Trustee Laubacher inquired if the Board needed to make a motion. Mr. Hall stated that the Board already made a motion so now it is just a matter of doing the paperwork. Trustee Chessler stated that he lives on Rolena Circle and at the time when the Buzinski’s came to the Board he did not live there but he owned the lot. Therefore, Trustee Chessler abstained when it came time to vote on the lighting district. Trustee Chessler stated that he is in favor of all the beneficiaries of the lights, including himself, being assessed for the cost.
Trustee Laubacher stated that Perry Drive, Woodlawn Avenue and 12th Street are all county roads but the Township has many lights in these areas. The Board at one time agreed to put a light at Cliffwood because the residents requested it. Trustee Laubacher suggested that all of the lights in these areas need to be sent to the County Commissioners and let them know that the Township is no longer going to pay for these lights and give them the opportunity to pay for them if they want to. Some of the lights may not be needed any more since a lot of these roads have been widened and now have traffic lights.
Trustee Laubacher stated that there is a property at 4611 8th Street where the Township is paying for an individual light. The Board should send that resident a letter giving them the opportunity to pay for the light otherwise the light will be turned off. Trustee Haines inquired how difficult it would be to get the resident the cost for the light. Trustee Laubacher stated that it would not be difficult at all. Mr. Hall stated that the Township should verify that the consumer rate is the same as the Township rate.
Trustee Laubacher stated that the Township does not pay for any lights along SR 172. Mr. Schlegel stated that the Township does pay for one light by Fisher Foods on West Tuscarawas.
Trustee Laubacher showed the Board all the lights that the Township pays for on Perry Drive. All of these lights should be shown to the County Commissioners for them to take over if they choose. Trustee Chessler inquired about the light in front of Perry Township Fire Station #1 on Perry Drive. Trustee Laubacher stated that the light in front of Station #1 is not really needed because there are lights on the station and the street has been widened.
Trustee Laubacher stated that there are also two (2) lights located on Navarre Road SW. Navarre Road is a county road and these lights should be shown to the County Commissioners for them to take over if they choose. Trustee Chessler inquired about the lights on Navarre Road by Superior Dairy. Trustee Laubacher stated that the years ago there use to be a lot of bad accident in this area along Navarre Road by Superior Dairy. It will be up to the Board to decide whether or not to continue paying for the lights, turning them off or asking Superior Dairy if they would like to pay for the lights. Trustee Haines stated that if the lights are located on Navarre Road which is a county road then they should be sent to the County Commissioners. Trustee Chessler suggested that the County Commissioners be plan A and Superior Dairy can be plan B.
Trustee Laubacher stated that there are two (2) lights on Whipple Avenue at 23rd Street in Canton Township that Perry Township is being charged for. The Board needs to contact Canton Township and find out if they want to keep the lights. Trustee Chessler inquired if the lights are physically located in Canton Township. Trustee Laubacher stated yes. Trustee Chessler inquired if the lights are directionally situated so that the illumination goes into Canton Township. Trustee Laubacher stated that the illumination goes into the intersection. Trustee Chessler stated that he thought that there was a statute that limited recouping funds for the utility for three (3) or four (4) years. Mr. Hall stated that the lights to light the intersection that is partly Perry Township. Trustee Chessler stated that the Board’s position is that if Canton Township wants to keep the lights then they can pay for them. If not, they will be turned off. Trustee Laubacher stated that is correct. Mr. Hall stated that it has been a lawful expenditure because it does illuminate within the jurisdictional limits of Perry Township.
Trustee Laubacher stated that there are eight (8) lights inside the Canton City limits on the east side of Whipple Avenue. These lights do illuminate Whipple Avenue however, Perry Township is paying for them. The Board needs to contact the City of Canton and find out if they want to keep the lights. If not, the lights will be turned off.
Trustee Laubacher stated that there is a light at every intersection and one light in between every intersection on 13th Street SW starting at Whipple Avenue and continuing all the way down. Trustee Haines stated that there are a lot of lights in this area. The Township could either offer a lighting district or consider leaving the lights turned on at the intersections since the intersections only have two-way or four-way stop signs. The lights in between the intersections should be shut off or give the property owners the opportunity to pay for them. Trustee Haines stated that since 13th Street SW is a Township road he feels as if they do have some responsibility to light some areas. Trustee Laubacher stated that there are a lot of lights that can be taken out in this area. Some of the lights are blocked by trees anyways. Trustee Laubacher stated that there is also a light on 14th Street SW that isn’t needed. There is also a light by the Fire Station #1 that isn’t needed anymore either because there is a light next to the sewage plant that was installed.
Trustee Laubacher stated that there are five (5) lights in the area of Moock, Oakvale and Oakcliff that are not really needed. Trustee Haines stated that this area could be offered a lighting district. Trustee Chessler agreed. This is a nice, compacted area and there are a lot of houses there. Trustee Laubacher stated that the Board could send a letter to the residents of this area to offer the lighting district if they are interested. Trustee Haines stated that since it is a residential area it would be nice to offer the lighting district before turning the lights off.
Trustee Laubacher stated that there are two (2) lights by the rail road tracks on Faircrest SW. Faircrest is a state route therefore the state should be notified and let them take over the lights if they choose. Trustee Haines inquired if the Township should offer the lights to the rail road if the state does not want to take them over. Trustee Laubacher stated that is a possibility. Trustee Haines also suggested that it be offered to the Timken Company since the trains travel back into the plant.
Trustee Laubacher stated that there are fifteen (15) lights on Richville Drive SW that the Township is paying for. Two (2) of the lights are located at the rail road tracks where there is not gate or flashing lights. Trustee Chessler inquired if this was a Township or county road. Trustee Laubacher stated that it is a Township road. Trustee Laubacher inquired if the Board wanted to keep the lights at the rail road tracks. Trustee Chessler stated that he would like to keep the lights at the rail road tracks since it is elevated and there are no gates or flashing lights causing a hazard. Mr. Hall stated that Richville Drive may be a county road. Trustee Laubacher inquired if Richville Drive is a county road if it should be offered to the county. Trustee Chessler stated yes. Trustee Laubacher stated if the county does not want to take over the lights the Township should still keep the lights on at the rail road tracks. Once the Township gets a response from the county the Board can make further decisions regarding lights in these areas. Trustee Chessler suggested keeping the light by the school as well. Mr. Schlegel suggested keeping the light at the intersection. Trustee Haines suggested that the two (2) lights at Richville Drive and Shepler Church be offered to the county. Mr. Schlegel stated that the Township should consider leaving at least one light on at the intersection because it is a bad intersection. Trustee Laubacher stated that if the county chooses not to take the lights over then the Board can readdress what they want to do.
Trustee Laubacher stated that there are two hundred and five (205) lots in the Dee Mar allotment and there are twelve (12) lights. Two (2) of the lights are on the north side of Fohl Road. Trustee Laubacher presented the Board with a draft letter to send to the residents of the Dee Mar allotment offering a lighting district since the Township is not longer able to afford the lights. Trustee Chessler noted that he will draft the letter for the residents of Rolena Circle NW.
Trustee Chessler inquired if this same process will take place when the maps are received from First Energy. Trustee Laubacher stated that he will do the same thing. Trustee Haines stated that he will help out as well. Trustee Chessler suggested that if it is not too much trouble different color pins could be used to depict county roads, township roads and private lots. Trustee Laubacher stated that he could do that. Trustee Haines stated that the Board received a schedule from AEP and there is a substantial cost to shutting off the lights. You don’t just flip the switch and say you’re done. Trustee Chessler inquired if the utility company actually comes and removes the light. Trustee Haines stated no. Administrator Fetzer stated that the representative from AEP provided a document that states if the Township would decide to turn off the lights there will be a fee. You have to pay the current rate for the next six (6) months and in addition to that you have to pay $17.18 per light that is being turned off. Mr. Hall stated that he encouraged Trustee Laubacher to speak with Canton Township because they were also billed for the removal of the light. The document states that the lamps will be removed upon payment of the customer at the cost of doing the work plus salvage of the lamps removed. If you don’t remove the lamps after six (6) months then the lights are turned back on and the customer will begin to be charged again. Mr. Hall stated that is how he is interpreting the document and is encouraging that this specific question be asked. Mr. Schlegel stated that even if the Township gets charged for the next six (6) months they will still be ahead. Trustee Haines stated that he just wanted to make everyone aware that there is a charge. Administrator Fetzer stated that the representative from AEP led her to believe that they do not remove the property. The turn off the lights and call it a temporary turn off. Then if you want to turn them on in the future you have to pay six (6) months of the current rate and then pay $17.18 per light. The lights will not be removed unless the Township pays for the lights to be removed. Mr. Schlegel verified that the Township doesn‘t have to worry about the lights being taken down. Administrator Fetzer stated that was correct.
Trustee Chessler asked Trustee Laubacher to let everyone know when the Board should schedule the next street lighting discussion for the First Energy lights. Trustee Laubacher stated that as soon as he gets the rest of the information from Ray Martinez, First Energy he will finish putting the maps together. Trustee Chessler stated that the Board doesn’t really need to have another discussion at a meeting if they are just going to use the same process. Once it is determined which lights are on county roads and etc. then the process can just move forward. Trustee Laubacher stated that he will provide another map and the Board can go from there.
With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 8:43pm; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Craig E. Chessler, President
Joe Schlegel, Fiscal Officer