Regular Meeting
Perry Township Board of Trustees
Regular Meetings
October 2, 2012 7:00pm
Pledge of Allegiance:
Excused absence: None.
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests: None.
Communications:
Board of Trustees Received a Notice on September 24, 2012 from the Fraternal Order of Police
Trustee Chessler noted that the Board received a notice to negotiate from the Fraternal Order of Police on September 24, 2012. Mr. Hall confirmed that he received the notice to negotiate as well. Trustee Chessler stated that this will move forward through the statutory negotiation process. Trustee Chessler inquired if this notice to negotiate is for all three (3) bargaining units. Mr. Hall stated that the Board previously received notice to negotiate from the sergeants, patrol officer and detectives. This notice to negotiate is from the dispatchers only.
Board of Trustees Received an On-line Submission From on September 23, 2012 from Dr. David Gannon Concerning on Road Parking
Trustee Chessler stated that the Board received an on-line submission form on September 23, 2012 from Dr. David Gannon regarding parking on a Township street. This matter has been referred to the Road Superintendent and it was added to the agenda to consider parking restrictions in this area. This matter will be discussed under the Road Department later during this meeting.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business:
Consider Accepting a Quote for Perry Park Tree Removal and Maintenance
Trustee Chessler stated that the Board has previously discussed on several occasions the tree situation at Perry Park. Trustee Haines wished to have the opportunity to speak with Davey Tree Company to see if the Township could get a more favorable price quotation. Trustee Haines stated that at the last meeting the price quote from Davey Tree Company came in at $6,800.00 but he spoke with them to see if they would cut some of the pricing because the cost was higher on certain trees. There was also consideration of eliminating one of the smaller trees that was quoted for removal. Upon negotiating, Davey Tree Company quoted a final price of $5,800.00 which includes everything from the original quote and the three (3) additional stumps that need removed.
Trustee Chessler made a motion that the Board authorize entering into an agreement with Davey Tree Company for the tree removal and work at Perry Park at a cost not to exceed $5,800.00; 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 $203,520.26 for the week ending September 25, 2012 and approval of bills in the amount of $120,439.58 for the week ending October 2, 2012 for a combined total of $323,959.84; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Fiscal Officer:
Trustee Laubacher made a motion to accept the minutes of the September 18, 2012 Regular Meeting; Seconded by Trustees Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Administration:
Consider Establishing Date Time and Location of Township Auction
Administrator Fetzer stated that traditionally October is the month when the Township holds the auction. The Board has obtained four (4) quotes.
|
Company |
Quote |
|
Central Ohio Recovery |
25% of total sales |
|
Kiko Auctioneers |
10% of auto sales 20% of all other items |
|
Whipple Auctioneers |
10% of total sales *auction would take place at Township garage. |
|
Skipco Auctions |
10% of total sales *Auction conducted on their lot. |
The Board received an outline of the detailed services provided by each company. Administrator Fetzer stated that after comparing the quotes received from each company it was determined that Skipco Auctions located at 700 Elm Ridge Street, Canal Fulton is available to conduct the auction on October 20, 2012. Skipco Auction does charge $135.00 per vehicle but the Township is only auctioning four (4) vehicles which does ration to 10% across the board for total sales. Perry Township is responsible for delivery of all auction items the Wednesday prior to the auction.
Administrator Fetzer stated that the Department Heads would like the Board to consider utilizing the Ohio.gov website beginning in January 2013. It is a website that only government entities can post items on however, anyone can purchase the listed items. The benefit would be that there are no advertising fees. Right now the quote is between $580.00- $600.00 which would be an enormous cost savings to the Township. This is a service that the Township could utilize year round. Administrator Fetzer stated that she and Mr. Masalko have discussed briefly about delegating this task to an employee at the Road Department. This is similar to what is done at Plain Township.
Trustee Chessler inquired how long items stay on the website as being an auctioned item. Administrator Fetzer stated that would be up to the discretion of the Board. Trustee Haines inquired if the items would be up on the website for a thirty (30) day auction. Administrator Fetzer stated that she was not sure but that they intend on visiting Plain Township to find out more about how they run their program. Plain Township is very happy with this process and she will have more details for the Board closer to the January 2013 meeting.
Trustee Chessler made a motion that the Board enter into an agreement for the disposal of certain Township items at auction under the terms and conditions set forth with Skipco and further authorize the Board President to sign the agreement; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Fire Department:
Consider the Purchase of VHF (police) Portable Radios for Medical Units
Chief Martin asked the Board to consider the purchase of five (5) portable radios and chargers from B&C Communications at a total purchase price not to exceed $5,745.00. Prior to the Police Department changing their radios from analog to digital the Fire Department was able to communicate with them. Now that the Police Department is on a digital platform the Fire Department is no longer able to communicate with them as needed. The five (5) VHF units will be placed in the medic units so that the Fire Department can readily communicate with the Police Department. Two (2) quotes were obtained for the five (5) VHF radios but B&C Communications was $1,050.00 less than the State of Ohio contract.
Trustee Chessler made a motion that the Board enter into an agreement with B&C Communications for the purchase of five (5) VHF portable radios for medical units in an amount not to exceed $5,745.00; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Consider Renewal of the Provident Accident and Life Insurance Coverage
Chief Martin asked the Board to consider the renewal of the Provident Accident and Life Insurance coverage that would carry Fire Department members at a cost not to exceed $3,420.00 per year. This is a three (3) year policy and has been in place for a long time.
Trustee Chessler made a motion that the Board approve the renewal of the Provident Accident and Life Insurance coverage for a cost not to exceed $3,420.00 per year on the terms quoted; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Police Department:
Consider Donation of Unclaimed Bicycles to Perry Helping Perry
Chief Pomesky asked the Board to consider the donation of twenty-one (21) unclaimed bicycles to Perry Helping Perry. These bicycles have been retained in the property room at the Police Department for an excess of ninety (90) days. Chief Pomesky stated that to meet the statutory requirements this has been published in the paper to give notice to the community. The Police Department has applied through the Stark County Prosecutor’s Office for an order through Common Pleas Court. The request is to donate the twenty-one (21) bicycles to Perry Helping Perry which has been a great program to participate with in the past. This also provides an opportunity to help children throughout Perry Township whose families can not afford a bicycle.
Trustee Chessler inquired if the Board needed to make a second determination that the Township has no need or benefit to the property. Mr. Hall stated that the Board did not need to make a second determination since this property is forfeited. This is considered evidence disposal which is why Chief Pomesky had this singed off on by the Stark County Prosecutor’s Office.
Trustee Chessler made a motion that the Board authorize Chief Pomesky to complete the donation of twenty-one (2) unclaimed bicycles to Perry Helping Perry non-profit organization; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Road Department:
Consider Making 17th Street a “No Parking” Zone- 500 Feet East of Woodlawn and a “No Parking” Zone in Both Lanes
Trustee Chessler stated that he previously mentioned a piece of on-line correspondence from Dr. David Gannon regarding people parking on the roadway on 17th Street NW. Mr. Masalko stated that he did go out to this area and took several pictures. When cars are parked on the roadway it does pose a problem to traveling motorists. Those traveling in the west bound lane have to wait until the east lane clears so that they can get around the parked vehicles. Mr. Masalko stated that 17th Street is considered to be one of the Township’s main thoroughfares and does get quite a bit of traffic. Mr. Masalko recommended making 17th Street NW a “No Parking” zone- 500 feet east of Woodlawn and a “No Parking” zone in both lanes.
Trustee Chessler asked Mr. Hall if this is sufficient upon the Board’s determination based on the photographs and recommendation of the Road Superintendent. Mr. Hall stated that it is sufficient and asked that in the resolution the Board include that the posting be in accordance with the Ohio Manual of Uniform Traffic Control Devices.
Trustee Chessler made a motion that the Board authorize the placement of “No Parking” signs on 17th Street NW – 500 feet east of Woodlawn in both lanes in accordance with the Ohio Manual of Uniform Traffic Control Devices; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Consider Replacing the Emil Avenue Culvert
Mr. Masalko stated that the Stark County Engineer’s Office does a sweep of large culverts throughout the county. Emil and Darletta were on the list this year. The culvert on Emil has not been repaired yet. There have been several repairs to the culvert on Darletta. Mr. Masalko stated that in talking to Joel at Lindsay Concrete he provided a quote for the box culvert at a price of $17,423.14. This box culvert was recommended by the Stark County Engineer’s Office and it will be 9’x7’, four (4) sided concrete and approximately ten (10) inches thick. It is $362.98 per foot. Mr. Masalko stated that he needs Board approval to order the box culvert and move forward with this project with the Stark County Engineer’s Office. The Stark County Engineer’s Office has agreed to this joint project and will supply all of the labor and Perry Township will supply all of the materials.
Trustee Chessler verified that the Township would be undertaking the entire cost of the box culvert. Mr. Masalko stated that was correct. Trustee Chessler verified that the Stark County Engineer’s Office has already completed the design and they have time in their schedule to complete the work for this project. Mr. Masalko stated that is correct. Trustee Laubacher inquired if the Township would be paying for black top. Mr. Masalko stated that the Township will be paying for black top and aggregate. Trustee Laubacher stated that the Stark County Engineer’s Office will be using their employees and equipment to perform the work. Mr. Masalko stated that was correct. Trustee Chessler asked Mr. Schlegel if the budget for the Road Department could withstand this expenditure. Mr. Schlegel stated the Township will be billed for the culvert this year but it will not get paid until next year.
Trustee Chessler made a motion that the Board approve entering into a joint agreement with the Stark County Engineer’s Office and further authorize the purchase of a box culvert from Lindsay Concrete Products at a cost not to exceed $17,423.14; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Law Director: None.
Zoning:
Consider Expanding/ Amending Commercial Maintenance Code by Zoning Districts
Trustee Chessler stated that this matter is a result of previous discussions regarding certain properties within Perry Township that have deteriorated. The question was the applicability of the existing Commercial Maintenance Code. With the investigation of the Zoning Inspector and the assistance of the Law Director there is recommendation for the Board regarding this matter.
Mr. Hall stated that when the original Commercial Property Maintenance Code was originally adopted in October 2003 it specifically only included Lincoln Way and Whipple Avenue from SR 172 to the Jackson Township border. Mr. Hall stated that he and Mr. Weckbacher recommend that the Board should use its home rule powers to enlarge and include all B-1, B-2, Multi-Use and Industrial Districts in the Commercial Property Maintenance Code. Mr. Weckbacher stated that this will aid in getting properties cleaned up that are not necessarily located along Lincoln Way and Whipple.
Mr. Hall stated that procedurally under home rule authority 504.4 and 504.13 the Board would have to follow the two (2) reading requirement; one public reading tonight and one the next regular meeting. Should the Board deem it as an emergency then they could waive the two (2) reading requirement. After the final reading and approval there is a thirty (30) day grace period before the Township can begin enforcement.
Trustee Chessler made a motion that the Board waive the normal two (2) reading process and consider adopting this resolution upon the first reading as an emergency; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Trustee Chessler made a motion that the Board adopt a clarification and expansion to the existing Commercial Property Maintenance code as written to include all zoning districts or classifications under B-1, B-2, Multi-District and Industrial zoning classifications; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Parks/Recycling: None.
Executive Session(s): None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department:
Road Department: None.
Zoning: None.
Law Director: None.
Upcoming Events: None.
Public Speaks-Open Forum:
Bard Huntsman- 4025 Prosway SW. Mr. Huntsman stated that family members of his received a letter regarding street lighting on Highland SW. This is three (3) streets over from Genoa Elementary School. Students from kindergarten to 4th grade walk these streets to get to school each day. Mr. Huntsman feels that since the lights aid the children walking to school the schools should be responsible for keeping the lights on. The residents should not be responsible for keeping these lights on.
Trustee Laubacher stated that in researching these lights a lot of them were not maintained properly by Ohio Edison and are not even working from Pfeiffer Middle School all the way to Genoa. There are two (2) lights located at the Police Department that light up the entire corner. The light at the corner of Genoa and Lincoln Way is not even on. You can drive down 13th Street in the middle of the night with your headlights off because the street is lit very well from the lights in the parking lots of the schools.
Mr. Huntsman stated that the lights should be paid for by the school since they provide lighting to the children walking to school in the morning. If the Township isn’t going to pay to keep the lights on the school should take over the payments since the lights are mainly for the children walking to school instead of getting bus service. Trustee Haines stated that Perry Local School received a copy of the letter regarding the action with the street lighting. Mr. Huntsman inquired why the Township doesn’t bill the schools for the lights. Trustee Chessler stated that the Township can not bill the schools for the light. The illuminating companies bill for their services.
Mr. Huntsman asked if the Township established the lights to help with the children walking to school. Trustee Laubacher stated that the Township does not know who originally established the lights but the Township can longer afford to keep all of the lights on. Mr. Hall stated that there are only three options in regards to the street lights; 1. The Township continues to pay for the lights, 2. The residents could form a lighting district or 3. All of the lights will be turned off. Mr. Huntsman asked the Board to consider keeping the light on Highland turned on. Trustee Laubacher stated that the Board already considered it and it was determined that the light on Highland was not needed.
Joseph Duke- 1598 1st St. NE. Mr. Duke had some suggestions regarding bussing. Trustee Chessler stated that bussing is a matter for the Board of Education.
Douglas Musser- 211 Zern Ave. SW. Mr. Musser stated that he is representing himself as well as his neighbors who are having several problems with Waikem Properties, LLC. The Waikems put up lights on Lincoln Way that shine back onto the neighboring properties. Two (2) years ago the Waikem’s tore a house down and they were supposed to install a landscape strip but it was never done. Mr. Musser stated that the Waikem’s property has depreciated the neighboring properties property values to a great extent. Mr. Musser inquired if and when the Township is going to enforce the rules and regulations.
Trustee Chessler stated that the Board has been made aware of the problems but has not yet had an opportunity to collectively discuss the issues that have been raised. Trustee Chessler stated that he has asked Mr. Weckbacher to develop a chronological outline of what he has already done with regard to the zoning requirements and what has happened with the property. Mr. Weckbacher stated that in regards to the lighting he went out to check the complaint with Mr. Hall. The landscape strip was not in place. Mr. Weckbacher stated that he met with Mr. Doug Waikem to address the complaints. Mr. Waikem indicated that they would put the lights down more and install the landscape strip by the end of the week. Mr. Weckbacher stated that he went back out to check to see if the complaints were addressed. The landscape strip was only six (6) feet where ten (10) feet was required so that still needs to be addressed. Mr. Weckbacher stated that he met with Mr. Musser who identified two (2) lights that need to be pointed down more. Mr. Weckbacher stated that he will meet with Mr. Waikem to continue to work on these complaints and he will follow any direction that the Board has.
Trustee Chessler verified that the two complaints are lighting and the landscape buffer. Mr. Musser stated that those are two (2) of several problems that exist. Mr. Musser stated that the Waikem’s should have a loading and unloading zone but they have been unloading right onto Lincoln Way in the turn lane and on the side street. Mr. Hall stated that previously this was an issue with one of the independent haulers for Waikem but it is his understanding that they have been unloading onto their own property or onto the side street to keep off of the state highway. Mr. Hall stated that this is a traffic enforcement issue. This is not a zoning issue. Chief Pomesky is aware of the issue. Mr. Hall suggested that if Mr. Musser sees an unloading issue that he contact the Police Department. Mr. Musser stated that there are also problems with speeding, driving without license plates and running stop signs. Chief Pomesky stated that he will increase enforcement in the area to help remedy these complaints as well as speak with the business owner.
Mr. Musser discussed his continuing concerns regarding 12th Street that was opened up several years ago. Mr. Hall inquired if 12th Street is maintained in terms of snow and ice control. Mr. Masalko stated that the Road Department does not maintain 12th Street. Mr. Hall stated that it is a private drive. If 12th Street has not been improved by the Board of Trustees or maintained by the Road Department then it exists as a private drive.
Mr. Musser inquired what and if anything will be done regarding the zoning complaints he discussed previously. Mr. Hall confirmed that the major concerns are; lighting and compliance with mandates for buffering. Mr. Musser stated that the third concern is regarding following due process at 204 Zern where the Waikem’s demolished the house to build an additional parking lot. Mr. Hall stated that the house being demolished is not something that can be controlled by zoning or any Township regulation. Initially, the Waikem Group asked for a conditional use permit and it was denied by the Board of Zoning Appeals. Then the Waikem Group went through the proper steps to change the zoning through the Zoning Commission which was approved. Eventually, the zone change request came to the Board of Trustees who approved to change the zoning. There were thirty (30) days after that where the decision could be appealed. Mr. Hall stated that due process has been rendered, public notices were followed and the opportunity under the statute has lapsed. If the neighborhood disagreed with the determination the due process would have been to file an initiative petition which would have stopped that from happening. Nobody did that so due process has been complied with. Mr. Musser stated that the Board has depreciated the value of his home by their actions. Mr. Hall inquired how Mr. Musser can say that his home’s value has been depreciated. Mr. Musser stated that two (2) real estate agents have told him that. Mr. Hall stated that the proper procedures have been followed up until this point and there is no basis for compensation to Mr. Musser or the neighbors for a perceived depreciation in the residential value.
Gil Beatty- 216 Leonard Ave. SW. Mr. Beatty stated that these are common sense issues that are upsetting the neighborhood. The neighbors have been coming to the Board at least once a year for five (5) years and nothing is ever done. Mr. Beatty addressed his concerns regarding the opening of 12th Street and issues on the Waikem’s property/parking lots. Trustee Chessler stated that he will get Mr. Beatty’s phone number after the meeting and will get in touch with him in regards to his complaints.
Barb McCintock- 216 Leonard Ave. SW. Ms. McCintock addressed her concerns regarding the opening of 12th Street and issues on the Waikem’s property/parking lots.
Bob Samblanet- 217 Zern Ave. SW. Mr. Samblanet addressed his concerns about the traffic on Zern that drive without license plates and run stop signs. Chief Pomesky stated that he will increase the enforcement in the area and speak with the business owner.
Marie Tighe- 223 Zern Ave. SW. Ms. Tighe addressed her concerns regarding the opening of 12th Street and issues on the Waikem’s property/parking lots.
In conclusion, The Board stated that they would research the background on the opening of 12th Street NW. Mr. Weckbacher stated that he will continue to work with the residents and the Waikem’s to remedy any and all zoning problems. Chief Pomesky stated that he will increase the enforcement in the area regarding the no license plates, unsafe unloading of trucks, speeding and running of stop signs. The residents will provide their phone numbers to the Board at the end of the meeting so that they can be contacted regarding these matters.
Adjournment:
With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 8:40pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Craig E. Chessler, President
Joe Schlegel, Fiscal Officer