Work Session

Perry Township Board of Trustees

Work Session

March 12, 2013 7:00 p.m.

The Board has previously reserved the right to take action at this meeting


Call to Order/ Pledge of Allegiance:

Excused absence:  None.

Additions/Deletions to Agenda: None.

Public Hearings/Invited Guests: None.


On March 7, 2013 Board received communication from George Goodman concerning liquor license of Hype Dance Club. 

Trustee Haines stated that based on the memo of understanding, we are in compliance, and there really is nothing that the Board can do at this point.  Trustee Chessler stated that was correct.  Law Director Hall stated that was correct.

Public Speaks on items up for Board Approval: None.

Township Business requiring Board Action: None.

Unfinished Business:   

Trustee Haines stated that the Board had a discussion regarding the Parks and Recycling Program with David Held a month ago at the Work Session.  Trustee Haines stated that he, Administrator Fetzer and Trustee Chessler had done their “homework” on this matter and were ready to move forth on the matter at the Recycling Station and other issues at the Parks that may follow suit.  Trustee Chessler stated that Mr. Held said it would take no more than a week or two notice to him for the Parks and Recycling  Program to be implemented here.  Mr. Held left the Work Session last month with the task of transitioning from where we are right now to this program.  Trustee Haines stated that per the information from Administrator Fetzer, the Township is not bound to anybody on the land, it is free and clear to the Township.  Trustee Haines also stated that any machinery that is older than six (6) years old is also free and clear to the Township.

Trustee Laubacher made a reference to the machinery, the rollup truck and inquired to the other Board members whether this specific piece, the rollup truck, was older than six (6) years old.  Trustee Haines indicated that the title to this rollup truck would indicate that. 

Trustee Chessler stated that he would contact Mr. Held to determine the logistics, if a truck could get into the space to angle the recycling bins, as well as various locations of the bins.  Trustee Haines inquired as to discussing the location of the recycling bins, stating that the lot east of the Township Hall had been discussed as a possible location, as well as the existing location of the Recycling Station and a possible third location.  Trustee Laubacher stated that in front of the Road Department location there could possibly be room to put five, six or seven bins right along the fence.  Trustee Haines asked if this was the most condusive place to put these bins because of the road not being as well traveled as other locations.  Trustee Laubacher stated that he did think this was a good location once people were aware of this.  Trustee Haines suggested the location in front of where the old Richville School used to be.  Trustee Chessler stated some suggestions that as well as the current recycling location, at the Road Department, another location in front of Richville School and also a possible location along the commercial corridor. 

Trustee Haines inquired to Chief Martin whether he thought there could be room for recycling bins at the Fire Station #2 in Richville area.  Chief Martin stated that there probably would be room in the back west corner of the station.  Trustee Laubacher inquired as to how many bins would be needed in each area.  Trustee Haines stated that he believes it is based on how much volume there is.  After  a brief discussion, Trustee Haines, Trustee Laubacher and Trustee Chessler and Board agreed that three (3) stations would be a good place to start this new process with the Township recycling bins. (Current Recycling Station, parking lot east of the Township Hall and the Road Department.)

Trustee Laubacher stated that the Fire Station #2 in Richville would still be a good possibility to consider for a fourth (4th) location.  Trustee Haines stated that in conclusion, location, equipment, personnel to be discussed, logistic issues to be further discussed have been touched upon this evening. 

Trustee Chessler made a motion that the Board add to the agenda the consideration of the resolution to send to auction a 2002 Chevrolet Suburban 1500 sport utility vehicle that is no longer needed for township or law enforcement purposes; Seconded by Trustee Haines.

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

New Business:

Trustee Haines made a motion to approve bills and payroll in the amount of $177,807.14 for the week ending March 12, 2013; Seconded by Trustee Laubacher.

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

Fiscal Officer:  None.

Administration:  None.

Fire Department: None.

Police Department: None.

Road Department:  None.

Law Director:  None.

Zoning:  None.

Parks/Recycling:  None.

Executive Session(s):  (Was delayed until after Public Speaks)

Trustee Haines  made a motion that the Board adjourn into an Executive Session pursuant to ORC 121.22 (G) (4) concerning collective bargaining to include the Board, Fiscal Officer, Law Director and others as requested; Seconded by Trustee Chessler.

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

The Board adjourned into Executive Session at:  7:28 pm

The Board adjourned from Executive Session at:  8:19 pm

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: None.

Public Speaks-Open Forum:

Elaine Andreski- 1022 Netherwood – Mrs. Andreski stated that this past Sunday she was outside with her dog and heard gunfire.  Mrs. Andreski  stated that the gunfire continued for a little while and it sounded close to her house so she called the Perry Police non-emergency number and reported it to the dispatcher.  Mrs. Andreski  told the police dispatcher that she heard gunfire and that it sounded very close to her house near Perry Drive or 12th Street and asked if a patrol car could be sent over to discern where this was coming from.  The dispatcher stated that they would send a car out.  After fifteen minutes (15) or so the sound did stop.  Her neighbor walked to the location where the Perry Police were stopped.  Her neighbor came back and told Mrs. Andreski  that the house where the gunfire was coming from, and where the Perry Police were stopped, had seven or eight previous calls to this location near Monticello Drive.  Mrs. Andreski stated that she understands that the Ohio State law states that shots from firearms are allowed on your own property as long as it is toward an embankment and there is no richochet but if the richochet would hit off a neighbor’s window, one would be liable for that.  Mrs. Andreski  stated that she would understand this rule if someone lived  out in the country or a field area, but was upset that anyone would be shooting explosive ammunition that could possibly contact something and that also rattled the windows of her house.   After several hours of hearing smaller gauge ammunition she heard three (3) big rounds like a cannon sound.  This bothered her enough to attend the meeting this evening.  Mrs. Andreski stated that she lives in a residential area and wanted to inquire if there is a noise ordinance for an instance such as this.

Trustee Chessler stated that this matter had been brought to the attention of the Board by way of another neighbor by the name of Mrs. Toussant who was at the Township meeting in February and had also raised the very same issue.  Mrs. Toussant and several of her neighbors came to the Township meeting in February and inquired about the shooting at this same address.  They inquired about whether or not this was in violation of a noise ordinance .

Trustee Chessler stated that they are now aware that the shooting is not in any violation.  Per Law Director Hall, the Township does not have any authority at the Township level to do anything to regulate or stop that kind of activity as it is right now.  Trustee Chessler stated that among the Township Association’s legislative priorities listed this year, one of their priorities is to promote legislation that would permit the Township ordinance to at least regulate the discharge of firearms in residential areas.  Trustee Chessler stated that he spoke with Representative Kirk Schuring regarding this matter and that Rep. Schuring was aware of this situation and he felt there was little chance of this issue ever making its way to the General Assembly for any consideration.

Trustee Chessler further explained that he did not want to be unduly pessimistic but realistic that this matter is a problem in every Township like ours where there are houses close to one another.  The legislative quandry is how to make some people happy and not anger or offend others which is a difficult task.  Trustee Chessler stated that one way to try and resolve this issue would be to start at the general assembly level.  The Township should have some authority for reasonable, common sense and legally defensible standards of how this kind of activity could be practiced in certain areas.  Trustee Chessler stated that it would be helpful for Mrs. Andreski to speak to our legislators about the reasons why they will not or cannot do anything about this issue.  Trustee Chessler stated that the Board could keep Mrs. Andreski updated on whether a resolvement of this issue would make it through the Township Association. 

Law Director Hall stated that under the Township’s noise regulations, it is possible to regulate and prohibit the use of explosive, advanced ammunition targets.  The Township cannot regulate the discharge of a firearm, but if it is a target that is exploding, this may be subject to regulation.  Mr. Hall stated that he would like to talk to the police officers involved and possibly write to the Attorney General and ask for his opinion on what can or cannot be done in this regard.

Trustee Chessler stated that after discussion with the Law Director and Fire Chief, the Board would like to acknowledge that, in regard to David Shetler who currently has an allowed Worker’s Compensation Claim for a workplace injury, the Board has agreed to continue with salary continuation to March 27, 2013 and then transition to the Worker’s Compensation equivalent of that.; Seconded by Trustee Laubacher.

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


With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 8:20 pm;  Seconded by Trustee Laubacher.

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


Doug Haines, President                                                                                                 Joe Schlegel, Fiscal Officer