Regular Meeting
Perry Township Board of Trustees
Regular Meetings
September 4, 2012 7:00pm
Pledge of Allegiance:
Excused absence: Scott Weckbacher, Zoning Inspector- Attending Stark County Regional Planning
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests: None.
Communications: None.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business:
Off Road Recreational Vehicle- Draft Resolution for Discussion
Trustee Chessler stated that several residents came to a previous Board meeting to express their concerns about the operation of motorized vehicles in the field causing noise and dust problems. The Board is aware that the Health Department has jurisdiction over the dust issue. The residents had inquired if the current noise resolution would be an appropriate mechanism for enforcement. Trustee Chessler stated that he referred this matter to the Law Director requesting that he come up with a document for discussion which would fall under “Home Rule” authority. The Board members have received a copy of a draft section that could be adopted as a “Home Rule” resolution.
Mr. Hall stated that he drafted a resolution that would fit within the Board’s authority under “Home Rule” statute as well as address the concerns of the residents. Should the Board decide to move forward with this resolution Mr. Hall would need some feedback regarding the terms and conditions. Once enacted, the resolution would be enforced as a civil violation because the statute does not allow the Township to create criminal violations. The Police Department would be able to issue a civil citation with the amount of the fine to be determined by the Board (ex. $50.00 for the first offense and $100.00 for each subsequence offense). If the person receiving the citation does not pay or appeal then a civil law suit would have to be filed against that person in municipal court.
Trustee Chessler inquired if any other communities have been dealing with similar isolated problems. Mr. Hall stated that he researched this matter and found that most of these problems took place in larger cities and communities. Perry Township is unique in that it is equipped with a variety of zoning classifications. Mr. Hall stated that he tried to tailor and pattern this resolution so that it is geared towards cutting back heavy density uses in a heavily residential area. Mr. Hall stated that he will need the Board’s direction and input for how to move forward with this draft resolution.
Trustee Laubacher stated that he wanted this matter on the agenda for discussion purposes so that it continues to move forward. The resolution should include a time stipulation so that riding doesn’t take place late at night or early in the morning. Trustee Laubacher stated that he would like to sit down with Mr. and Mrs. Ford to get their input on what they would like to see done. Trustee Haines stated that he feels that this resolution is restrictive because most of the lot sizes in Perry Township are not that big. For example, if someone owns a mini bike but they don’t live on three (3) acres then they can’t ride it. Trustee Haines stated that he knows that the Board is trying to address a problem but he doesn’t want to see the Board do something that corrects one problem but limits what all of the rest of the residents can do. Mr. Hall stated that with any piece of legislation you have to be careful, considerate and deliberate because when you throw the stone in the pond there may be a ripple effect that is not intended. If you are considerate and deliberate you can sometimes avoid some of the unintended ripple effects. Mr. Hall stated that he advised each of the Board members individually off the record that it is usually not a good idea to create legislation to address one single issue. Legislation should be created when you have a broad based pervasive/ repetitive issue. Mr. Hall suggested that the Board continue to move forward but wait and see if the problem abates now that school has started and fall weather comes.
Trustee Chessler stated that in doing some research on this matter he found an alternative resolution. There is what is called the “Community Mediation Center of Stark County.” This isn’t just a group of people that get together. This is an ongoing and very successful entity and one of the things that they promote is handling neighborhood disputes. The property owner and the complaining parties would have to be willing to sit down and hear each others sides and work with the professionals to come up with a solution for this problem. Trustee Chessler suggested that the Board encourage this route first before they try to authorize legislation. If mediation is not going to work then the Board can reconsider possible legislation. Trustee Laubacher and Trustee Haines stated that they are in favor of trying mediation first.
Trustee Chessler made a motion that the Board accepts and acknowledges the “Home Rule” resolution draft and tabled this matter for further consideration; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
New Business:
Trustee Laubacher made a motion to approve bills and payroll in the amount of $223,965.89 for the week ending August 28, 2012 and approval of bills in the amount of $33,419.49 for the week ending September 4, 2012 for a combined total of $257,385.38; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Fiscal Officer:
Trustee Chessler stated that Trustee Laubacher had one edit on page nine for the August 21, 2012 minutes.
Trustee Chessler made a motion to accept the minutes of the August 21, 2012 Regular Meeting with the stated correction; Seconded by Trustees Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Administration: None.
Fire Department: None.
Police Department: None.
Road Department:
Consider to Adopt a Resolution to Permit and Regulate Operations of Oversized Vehicles on Perry Township Roads
Trustee Chessler stated that the Board reviewed emails between the Law Director and Road Superintendent regarding a request to develop a permit for certain vehicles hauling oversized loads on Township Roads. Mr. Masalko stated that he has been approached twice in the past three (3) months about hauling oversized loads on Township Roads. Currently, the Township does not have a policy regarding this matter. Mr. Masalko stated that he contacted the Stark County Engineer’s Office to see what their policy is. The Stark County Engineer’s Office already has a permit for oversized vehicles that the Township can copy and adopt on their own. Mr. Masalko stated that the reason he is doing this is because if our officers or the State Highway Patrol would ever pull an oversized/ overweight vehicle over on a Township road he would have no proof that he has permission to do so. Mr. Masalko asked the Board to adopt the resolution for oversized and overweight vehicles that move across Township Roads. The Board would need to determine the fees. The county implemented a $50.00 one time fee or a $100.00 continuance fee for that year. Mr. Masalko stated that Mr. Hall recommended a $500.00 fee to keep these vehicles off of Township roads.
Trustee Laubacher stated that he feels that a $500.00 fee is too high and suggested going with the $50.00 or $100.00 fees. Trustee Laubacher inquired if the resolution could be modified to include overweight vehicles. Mr. Hall stated that the resolution already includes vehicles that are overweight, too wide and too high as set forth in the definition of the statute. If the Road Superintendent determines that the weight of the vehicle may cause damage to the road he may then require a posting of a bond or other security to help with the repair of the road. Mr. Hall suggested that this be left to the discretion of the Road Superintendent. Trustee Laubacher inquired if Mr. Masalko felt confident with that. Mr. Masalko stated that he was fine with that.
Trustee Laubacher made a motion that the Board adopt a resolution to permit and regulate operations of oversized vehicles on Perry Township Roads upon written application and payment of a fee ($50.00 one time fee and $100.00 for one year period), security and an adequate bond must be provided for any over weight load within Perry Township, Stark County; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Law Director: None.
Zoning: None.
Parks/Recycling:
Consider August 21, 2012 Invoice for Emergency Tree Removal at Perry Park
Trustee Chessler stated that the Board received information about the emergency tree removal at Perry Park. Administrator Fetzer stated that this matter was brought to the attention of the Road Superintendent on August 14, 2012. The Board received photographs of the trees at Perry Park that needed to be removed. Once the tree removal service was on site it was determined that three (3) trees needed to be removed. Tony’s Tree Service quoted $1,200.00 for the removal of the three (3) trees and the problem was remedied the next day. Administrator Fetzer asked the Board to consider the payment of the invoice received August 23, 2012 from Tony’s Tree Service in the amount of $1,200.00 for the emergency tree removal at Perry Park. Trustee Chessler verified that the work was completed under those terms. Administrator Fetzer stated that was correct. Trustee Chessler verified with the Law Director that the Board has satisfactorily established an emergency authorizing the work to proceed. Mr. Hall stated that was correct. Trustee Laubacher inquired what the additional $50.00 was for. Administrator Fetzer stated that the additional $50.00 was for the removal of the tree limb on the wires.
Trustee Laubacher made a motion that the Board authorize the emergency expenditure of $1,250.00 to Tony’s Tree Service for the emergency tree removal at Perry Park on August 17, 2012; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Consider Additional Emergency Tree Removals within Perry Parks
Administrator Fetzer stated that Park Superintendent Kenny Shreffler toured Perry Park after the emergency tree removal and identified twenty-nine (29) additional trees that are considered to be hollow and a safety concern. The Board has received photographs of the trees. All of the unsafe trees have been marked with a large orange dot. Mr. Shreffler is working on obtaining quotes for the removal of the twenty-nine (29) trees. Administrator Fetzer stated that there are three (3) trees on 13th Street and four (4) trees at Lynch Park that have been identified as safety concerns as well. As soon as quotes are received for the tree removal this matter will be brought back to the Board for consideration and direction. Trustee Haines asked that Tony’s Tree Service provide a more detailed quote to include; rate per day, rate per tree and the cost of stump removal. There is only so much money budgeted this year for tree removal so some of the trees that aren’t completely dead could be delayed until next year. Trustee Haines stated that he would still like to see two (2) other professional opinions and quotes. Administrator Fetzer stated that she and Mr. Shreffler would work to get this information back to the Board for the Work Session.
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: None.
Public Speaks-Open Forum:
Jeff Gross- 917 Knollwood Drive NW. Mr. Gross expressed his concerns about somebody in his neighborhood shooting guns for target practice. This has been going on for several months. Most of the surrounding neighbors are not very happy about this especially the neighbors that have small children. Mr. Gross stated that he has talked to Chief Pomesky about this matter and would like to see something done. Mr. Hall stated that there is a specific statute that says that the Board of Township Trustees may make no law or resolution restricting the discharge of a firearm. By statute the Board of Trustees can do nothing. Mr. Hall suggested that Mr. Gross contact his State Representatives or State Senators to have this law changed. Trustee Haines inquired if the Police Department has responded to this area regarding this matter. Chief Pomesky stated that there are records for calls for service in this area for shots fired. There is one record in particular where an area of interest has been identified but that person had a sufficient back stop. Chief Pomesky stated that there was nothing that the Police Department could do to prohibit that from occurring at that point. Mr. Hall stated that he agreed that this is a valid safety concern. Mr. Gross stated that he feels it is time for the laws to change with all of the gun problems going on right now. This is too heavily of a populated area for shooting guns for target practice. Mr. Hall stated that he will provide the Board with a copy of the statute.
Trustee Laubacher stated that he wanted to address Mr. Blythe for a moment regarding street lighting. The Board received information back from Ohio Edison and will be discussing this matter at next week’s Work Session. Trustee Chessler stated that the Board will reserve the right to take action at the Work Session so that this matter can continue to move forward.
Tim Blythe- 2956 Bridgeton NW. Mr. Blythe inquired if some of the trees at Perry Park could be taken down by employees of the Park Department. Trustee Haines stated that the majority of the trees are pretty big but there may be some smaller ones that could be taken down by the employees. Trustee Laubacher stated that since the trees are so large he doesn’t feel that the Township has the equipment or expertise to perform the work.
Adjournment:
With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 7:35pm; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Craig E. Chessler, President
Joe Schlegel, Fiscal Officer