Work Session

Work Sessions 

The Perry Township Board of Trustees meets in a Work Session format on the second Tuesday of every month at 7:00 PM.  

These meetings are held at the Township Hall located at 3111 Hilton Street NW in Massillon.  Work Sessions are less formal than Regular Meetings and are utilized by Trustees and Department Heads for discussion of township related projects or activities.

Perry Township Board of Trustees

Work Session

April 9, 2013 7:00 p.m.


Call to Order/ Pledge of Allegiance:

Excused absence:  Joyce Fetzer, Administrator – Attending BWC Safety Congress in Columbus

Additions/Deletions to Agenda:  None.

Public Hearings/Invited Guests:

Board of Trustees invites general public to attend a Questions/Answers Session concerning a 1 Mill Operating Levy – Identified as Issue #9 on the May 7th ballot

Trustee Haines stated that he would like to explain the Township’s shortage of monies  initiating the need for the May 7th 1 Mill Operating Levy.   In 2011 Govenor Kasich changed how local municipalities and townships received their funding, mainly from estate and local government taxes.  Perry Township operates on a general fund budget at just over a million dollars per year.  Due to the loss of monies from the State of Ohio, Perry Township has felt the loss of approximately four hundred thirty-six thousand dollars ($436,000) or forty-three and a half percent (43.5%) of our operating general fund budget.  Trustee Haines stated that with the changes made by Govenor Kasich, it has been a trying year for Perry  Township and that the Township has tried to adjust and make up some of these monies.

Trustee Haines stated that there is more to be done but pointed out several money-saving  projects that have been initiated within the Township this past year:  transitioning to a self-serve recycling center, estimated cost savings to the Township, ninety-six thousand dollars ($96,000.00) per year.  Street lighting reassessment within the Township has also occurred this past year.   The street lights within the Township have been shut off or have been turned into resident lighting districts allowing neighbors within their areas to partner together and pay for the street lights through their property taxes each year.  Most residents that are utilizing this type of lighting district assessment will realize a five or ten dollar monthly increase in their taxes.  This is an estimated savings of approximately twenty four thousand dollars ($24,000.00) to twenty six thousand dollars ($26,000.00) for the Township.   Another cost cutting effort by the Township was with our long-distance and telecommunications provider.  The Township administration and department offices have switched from a private provider to Massillon Cable allowing the Township to receive free long-distance, a savings of approximately ten thousand dollars ($10,000.00) per year in phone bills.

Trustee Chessler stated that one of the ways that the Township can be more efficient within our buildings is energy usage.  Trustee Chessler has been in conversations with Mark Burns, consultant with Independent Energy.  Per Mr. Burns, public entities are entitled to energy audits.  Trustee Chessler explained how this could be implemented if the Township decided to have an energy audit assessed. 

 Trustee Haines stated that the Board talked about initiating an operating levy for the last November ballot but chose to try and review some cost savings efforts before initiating this operating  levy.  Trustee Haines gave an explanation of another avenue of revenue brought into the Township regarding the six (6) gaming skills businesses within our Township.  Based on a Resolution passed last year by the Board of Trustees, the Township has been able to collect tax monies based on the amount of machines each business has generating a possible revenue of approximately thirty-six thousand dollars ($36,000.00).  Current receipts from just three of these gaming skills businesses have totaled nearly twenty-five thousand dollars ($25,000.00) in revenue.   Each business pays a four thousand dollar ($4,000.00) fee plus one hundred dollars ($100.00) for every machine they have. 

Trustee Haines stated that he would open up the floor for any questions regarding the operating levy.

Tim Blythe-2956 Bridgeton St. NW, Massillon – Mr. Blythe stated that it was mentioned that one hundred fifty thousand dollars ($150,000.00) in savings would be accomplished if the levy is passed, and questioned what the plan was for that surplus money.

Trustee Haines stated that the levy would first have to be passed.  If the levy does not pass, certainly more cuts would have to continue to be made, but if the levy passes, the Board would look at the surplus at that point.  Mr. Blythe asked if a Township -wide assessment had been done on the parks to know how much money is needed to bring the parks up-to-date.  Trustee Haines stated that an assessment had not been done, but referred to a Township meeting last year regarding monies used toward improvements at Summerdale and Perry Parks.  Trustee Haines stated that until the outcome of the levy comes to light, the Township has to continue to maintain the parks and hopefully put more efforts into effect after the levy passes.

Ralph DeChiara-765 Delverne Ave. SW, Canton – Mr. DeChiara asked if some administrative salaries come out of the departments such as fire, police or road.  Trustee Haines stated they do not.  Trustee Haines further stated that the salaries for zoning, administrator, administrative assistant, fiscal officer, assistant fiscal officer, trustees and law director all come out of the general fund.

William Werbech-3460 Spindle St. NW, Massillon – Mr. Werbech asked if the Trustees salaries are mandated by the State of Ohio and come out of the general fund.   Trustee Haines stated that was correct.  Mr. Werbech also asked about the recycling center and if all the employees that were there are now gone.  Trustee Haines stated that was correct and further explained that with some consolidation of what was the parks/recycling department, our road superintendent and assistant road superintendent are now managing the park department.

Mr. Werbech commended the Board for downsizing and eliminating the need for salaries and complimented the implementation of the new recycling bins.  Trustee Haines stated that in addition to the two recycling stations already in use, there will be two additional recycling stations in the near future at the Road Department on Jackson Avenue and at Fire Station #2 in Richville.

Mr. Werbech also asked if the Richville Community Park is part of the Perry Park system.  Trustee Haines stated that it is not, it is maintained by the Richville Park Board.  Mr. Werbech also asked if the cemetery was considered part of Perry Township.  Trustee Haines stated that the cemetery on Richville Drive is part of Perr y Township.

Tim Blythe-2956 Bridgeton St. NW, Massillon – Mr. Blythe stated that the Board employs many part-time employees for the purpose of saving in health care benefits, and asked if there had been any discussion about eliminating health care benefits for the elected officials.  Trustee Haines stated there have been none.  

Trustee Haines thanked everyone for their good comments and asked for their  support of the May 7th Perry Township Operating Levy.


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 $163,807.63 for the week ending April 9, 2013; Seconded by Trustee Chessler.

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

Fiscal Officer: 

Trustee Haines made a motion to accept the minutes of the April 2, 2013 Regular Meeting; Seconded by Trustee Laubacher.

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

Announcement of Street Lighting Petition Submissions

Trustee Haines stated that we have the announcement of two street lighting petitions submitted.  

Fiscal Officer Schlegel stated that as the Board was aware, one of the submitted street lighting petitions is Superior Dairy on Navarre Road.  The other street lighting petition is a single household on Bornder Avenue.  Mr. Schlegel  stated that he requested Law Director Hall to research whether a company can do a street lighting district and also if a single household can do a street lighting district.  Mr. Hall stated that regarding the single household request on Bordner Avenue, his recommendation is that the Board cannot consider this request.  Mr. Hall stated that the statute specifically talks about owners must own more than one-half of the feet of the lots along the area supposed to be illuminated and one light in one area does not meet that minimum criteria, therefore Mr. Hall does not advise the Board to proceed or consider this petition.  Mr. Hall stated that he will initiate a letter of correspondence to the applicants explaining why their petition does not meet the said requirements and suggest to them that they could obtain other signatures of homeowners along Bordner Avenue that would benefit from this lighting district and then re-submit their street lighting petition. 

Mr. Hall briefly discussed the Ohio Revised Code statute regarding the particular street lighting district submission made by Superior Dairy.  Mr. Hall also stated that regarding this petition , the Board would need to make a determination as to whether or not there is a benefit for the public along that district.

Trustee Chessler stated that based on the law director’s advice to the Board, he moves that the lighting district request from Superior Dairy be tabled pending the law director’s further investigation and opinion to the Board on the legal requirements of approving this lighting petition.  Trustee Chessler further acknowledged to the Board that per the law director’s opinion, the submission of the Bordner Avenue lighting district not be accepted for consideration but will advise the petition initiator that they pursue a direct payment arrangement  or obtain other neighbors to sign the petition; Seconded by Trustee Haines.

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

Administration:  None.

Fire Department:  None.

Police Department:  None.

Road Department:  None.

Law Director: None.

Zoning: None.

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:

Spring Clean-Up Day – Sat., April 13, 2013 at the Perry Township Road Dept.:  8:00 a.m. to 4:00 p.m.

Project Perry Pride hosted by Perry Local Schools and Perry Township Board of Trustees – Sat., April 13, 2013: Beginning at 8:00 a.m. at Pfeiffer.  Volunteers to pull weeds, assist in flower beds, clean up yards, shrubs, leaves, painting and other projects.  Detailed Information sheet is available at Perry Township Administration Office and

Timken Co. to host a Tree Planting Day at Petros Lake Park – Sun., April 21, 2013: Noon to 3:00 p.m.

Public Speaks-Open Forum:

William Werbech-3460 Spindle St. NW, Massillon – Mr. Werbech asked a question regarding the cost per year to form a lighting district.  Trustee Haines stated that as an example, residents on Cadbury and Bramblewood set up a lighting district last year and the cost was an estimated three dollars ($3.00) per month (eight lights and thirty residents).   Fiscal Officer Schlegel  stated that a light is estimated between nine to eleven  dollars ($9.00 to $11.00) per month depending on the wattage. 

Brittany Ford-344 Overmont Ave. SW, Massillon – Ms. Ford stated that this is her third meeting regarding the same issue with motorcycles.  She has come to the meeting to find out what can be done about this dirt bike issue.  There is a field about fifty feet from her back door where there are bikers riding constantly.  The dust and noise are excessive.  Ms. Ford and her neighbors have contacted the homeowner but to no avail.  This has become not only a noise nuisance but a health issue so the health department has been contacted and they will come out and test all of their homes for the dust residue.  They have contacted two lawyers and are astounded that the Trustees have not implemented some kind of nuisance ordinance for this situation.

Trustee Haines referred to the phone conversation with Ms. Ford this past Sunday regarding the dirt bike issue.  Trustee Haines stated that it is hard to make a Resolution stating that somebody cannot ride a motorcycle, or mini bike within the jurisdiction of their property.

Stephanie Hewitt-302 Overmont Ave. SW, Massillon – Ms. Hewitt stated that she contacted her attorney and he did not understand why a nuisance ordinance could not be drafted.  Ms. Hewitt stated that she and her family cannot sit outside because of the noise and dirt.

Law Director Hall stated that he has researched this matter, as Trustee Chessler has through the Ohio Township Association .  When the Township initiated its initial noise nuisance ordinance back in 1992, barking dogs, loud music and parties were all prevalent throughout the Township.  Mr. Hall stated that it is ill-advised to initiate laws and legislation to address  a limited issue problem in a limited issue area because although you may benefit from that to some degree, other property owner’s rights are adversely affected throughout the entire Township ; a balancing act that the whole legislative body must be taken into consideration.

Jamie Ford-344 Overmont Ave. SW, Massillon – Mr. Ford stated that with all due respect, we live in Perry Township and this field in question is surrounded by people that live in Perry Township.  It is not just us, it is 13-15 people that have a problem with this.  Mr. Ford briefly discussed how close the neighbors are and wanted to know why something could not be done for this situation.  Mr. Hall also briefly discussed several alternatives to addressing this particular situation, private nuisance action or process under the law of initiative and petition, initiating a petition, put the matter on the ballot and let the entire Township vote on this.  Mr. Ford explained that this process would not address or resolve this issue now.  Mr. Ford stated that he has researched this issue and other Townships have passed these noise ordinances for vehicles.  In these ordinances, it is stated that they must manage the dust, they cannot ride within three hundred feet of any homes or any building. 

Brittany Ford stated that she has spoken with other people in Perry Township who have this same kind of problem in their neighborhoods and asked if they obtain other people’s names and addresses to present to the Board.

Ralph DeChiara-765 Delverne Ave. SW, Canton – Regarding the noise/dust nuisance, Mr. DeChiara asked if Perry Township could tailor something about having so much space between the dirt bike path and the neighborhood properties/structures.  Mr.DeChiara asked if this would this be a feasible agreement. 

Trustee Chessler stated that he spoke with someone at the Stark County Health Department and they stated that they have absolutely no jurisdiction, no enforcement authority over the noise and the dust.  The Canton Health Department, by contract with the EPA, does have an air pollution division and Trustee Chessler indicated that he spoke with the director of that division yesterday and stated that there was a possibility something could be done about the fugitive dust; a complaint would be initiated, they would investigate and if it was in violation of the Ohio Administrative Code Provisions, they could issue an order. 

Trustee Chessler stated that if there is a violation, the Health Department has the ability to issue an order to the property owner to obey or alleviate the situation.   If this order is not obeyed/addressed, the next move is directly to the EPA, not to the Township.  This is an avenue that has been discussed and referred to Mrs. Ford, through the  Health Department for the dust issue.  Trustee Chessler stated that Mrs. Ford is coming to the Board with this situation at hand and that the Board may or may not have the ability to remedy this situation.   Trustee Chessler stated that it is not a lack of sympathy, but that the Board is struggling to find a tool that is appropriate to get rid of the problems at hand, noise and dust. 

Trustee Chessler stated that the dust issue is to be addressed through the Health Department and also stated that the Board will try to find something and legislate to try and eliminate the problem that is making Mrs. Ford’s life miserable.

Brittany Ford further explained the problems that have arisen from the dirt bikes on the property behind them. 

Law Director Hall stated that the Board does not have any specific data to support the precise amount of feet between the properties involved , based upon terrain, topography, etc.. and stated that it is very difficult to create a standard without some type of objective data to back this up.  Law Director Hall stated that this is a much more difficult problem from a legislative perspective than realized. 

Mrs. Ford also pointed out that in addition to the noise and dust issue from the property owners in question, there are also spray painted signs with foul language.   

Tim Blythe- 2956 Bridgeton St. NW, Massillon-Mr. Blythe stated that regarding the dirt bike issue at hand, it sounds like a parental issue.  The Board is not able to legislate parenting issues. 

Trustee Haines stated that he is aware of the Overmont homeowners trying to arbitrate something last summer with the landowner but was unsuccessful.  Trustee Haines states that he understands and respects this very difficult situation but feels it would be difficult for the Board to pass a Resolution in the Township to try to control the times where the noise can be contained.  Trustee Haines stated that he welcomes Mrs. Ford to call him with the outcome regarding the Health Department’s dust investigation.   If the Health Department issues a violation, that can be upheld through the Ohio EPA.  Trustee Haines further explained that the Board does very much sympathize with this dilemma but looks at the Township issues as a whole.  The Board is not able to make a Resolution for one property. 

Mrs. Ford asked when the Health Department does the research on this issue and if found in violation, would legislation be able to be implemented.  Law Director Hall stated that he would do some additional research regarding industry standards or health standards relative to noise and dust levels. 

Much further discussion regarding the dirt bike/noise dilemma took place.   Trustee Chessler asked for closure on this matter this evening.   Trustee Chessler also stated that if Mrs. Ford could obtain the legislature on noise/dust levels that she previously referenced from another Township, that could be very helpful to the Board.  Trustee Chessler stated that the Board would like to see something in writing regarding this matter and also stated that Law Director Hall would be willing to put something together in the form of a draft of a piece of legislation that the Board could look into to determine if something could be enforced regarding this situation.  Mrs. Ford asked what could be done in the meantime regarding the dirt bike riders trespassing her property when crossing the street .  Chief Pomesky stated that if Mrs. Ford would like to meet with him to establish some boundaries within her property perimeters regarding this matter, it would benefit the communication with the police officers who respond to any calls.  Trustee Haines also recommended that Mrs. Ford put up a No Trespassing sign on her property stating that per Mr. Hall’s recommendation, this would lessen her liabilities with the posting. 

William Werbeck-3460 Spindle St. NW, Massillon-Mr. Werbeck agreed that the situation described by Mrs. Ford was a difficult one.  Mr. Werbeck also stated that he has lived in the Township for more than forty years and from his past experiences with troublesome neighbors, he has had positive results with the Township Trustees and complimented the strong force of our Perry Police Department.  Mr. Werbeck  briefly described a personal account and an encouraging outcome with the Ohio EPA. 



With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at  8:31 p.m.;  Seconded by Trustee Chessler.

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


Doug Haines, President                                                                                                 Joe Schlegel, Fiscal Officer