Regular Meeting
Perry Township Board of Trustees
Regular Meetings
December 4, 2012 7:00pm
Pledge of Allegiance:
Excused absence: Scott Weckbacher, Zoning Inspector- Attending Stark County Regional Planning
Additions/Deletions to Agenda:
The Board agreed to remove the discussion of the trapping request at Fasnacht Farm until they receive the supplemental documents that they have requested. Trustee Chessler stated that Trustee Laubacher would like to add an item under the Road Department to update the Board on discussions with the Ohio Department of Transportation (ODOT) regarding the SR 172 project. The Board also agreed to remove the Executive Session.
Public Hearings/Invited Guests:
8th Street NW- Street Lighting Hearing
Trustee Chessler reviewed the statutory requirements that the Board must follow when creating a street lighting district. The district has to be petitioned and contain the majority of the signatures from the property owners in the affected area. Each Trustee must be familiar with the area so that they can determine if the street lighting is necessary. The Board will specify the number of lights, power location and support as recommended by the utility company and will determine and establish the special assessment. The Fiscal Officer will be asked on the record to decline and waive the statutory fee entitled for a lighting district.
A petition for the 8th Street NW lighting district was submitted to the Fiscal Officer on October 9, 2012 by June Branch of 8th Street NW. Three (3) signatures were obtained from the affected lot owners. The Board is being petitioned for one (1) street light. The Board previously sent out letters to each of the affected home owners stating that the anticipated illumination costs would be $1.66 per month or semiannual cost of $10.00. Those numbers were based upon incorrect usage rates. The correct usage rates would be $3.94 per month or a semiannual cost of $23.64 which will appear on the tax bill in February and July of each year. Certified letters were sent and received by the three (3) affected home owners (4610-4620).
Trustee Chessler inquired if the petitioners or any of the affected property owners were present this evening. Seeing none, Trustee Chessler noted that one hundred percent (100%) of the three (3) property owners signed the petition. The Board has followed all statutory requirements regarding notice, setting a hearing date, filing affidavits by the Fiscal Officer, publication of notice and the hearing was duly noted and conducted in a timely matter.
In Favor:
None.
Opposed:
None.
The Board confirmed that they are familiar with the area and have traveled the affected street. The Board has determined that street lighting is necessary and the number of lights has already been established. If not, the Board will take the recommendation of the public utility company and if necessary the Township will contract with them. In this instance, the Board will determine that the special assessments will be made in the same manner as in the other cases with all parcels being assessed in equal amounts. Trustee Chessler stated that he will also include in this affirmative act by the Board that they will assess the portion of the costs of furnishing and maintaining the lights to the tax duplicate of the County Auditor. The Fiscal Officer will decline $0.50 statutory fee. The lighting district will be good for one year.
Trustee Chessler made a motion that the Board approve the street lighting district known as “8th Street NW” as it has been outlined; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes
Communications: None.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business: None.
New Business:
Trustee Chessler made a motion to approve bills in the amount of $175,968.32 for the week ending November 27, 2012 and bills and payroll in the amount of $260,203.08 for the week ending December 4, 2012 for a combined total of $436,171.40; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Fiscal Officer:
Trustee Chessler made a motion to accept the minutes of the November 20, 2012 Regular Meeting; Seconded by Trustees Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Administration:
Consider Payment of the Ohio EPA Annual Discharge Fee- MS4 in the Amount of $1,500.00
Trustee Chessler stated that each year the Township is required to pay the Ohio Environmental Protection Agency (EPA) the annual discharge fee- MS4 in the amount of $1,500.00. Trustee Chessler inquired if the Township currently contracts with Soil & Water for discharge responsibilities. Mr. Masalko stated that Soil & Water is doing a partial portion. Trustee Chessler verified that this fee is for the permit that must be issued by the EPA. Mr. Masalko stated that is correct.
Trustee Chessler made a motion that the Board authorize the payment to the EPA for the annual discharge fee- MS4 in the amount of $1,500.00; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Fire Department: None.
Police Department: None.
Road Department:
Update- SR 172 Project
Trustee Chessler commended Trustee Laubacher for his diligence in reviewing the Ohio Department of Transportation’s plans for the SR 172 project. Trustee Laubacher pointed out that ODOT neglected to address many of the drainage problems in the area that is part of the upcoming project. A letter was drafted to all of the Legislators asking for their assistance with an intervention. Representative Schuring came through for the Township and organized a meeting that was attended by Trustee Laubacher and Mr. Masalko.
Trustee Laubacher stated that at the meeting ODOT admitted that they had not looked at the plans very well. The architectural plans were contracted out. After reviewing the plans, Trustee Laubacher and Mr. Masalko found that there were no plans for gutter inlets or outlets at the intersection of SR 172 and Perry Drive. A meeting was held with Representative Schuring and the representatives from ODOT. Since then, the plans for the SR 172 project have been revised to include six (6) catch basins. ODOT was very appreciative of the Township catching this error in the plans. The SR 172 project could have been started this fall but with the winter weather starting they felt it was best to wait until March 1, 2013. This project will be split into four (4) phases; southwest, northwest, southeast and northeast. A meeting will be held with the contractors, police, fire and road so that everyone is on the same page throughout the course of the project.
Consider Request for Approval of Emergency Repair to the 1999 Ford Dump Truck
Trustee Chessler stated that the Board received a memorandum from Mr. Masalko regarding the emergency repair to the 1999 Ford Dump Truck. Mr. Masalko stated that this truck is one of the Road Department’s main trucks and it has its own snow route. After connecting the truck to the pro-link diagnostic tester, it was discovered that the main computer that drives the transmission is shot. The truck was then towed down to Western Branch Diesel who confirmed the diagnostic testing. Mr. Masalko asked the Board to consider the emergency repair in the amount of $3,000.00. Mr. Schlegel confirmed that the money is available in the budget for the repair.
Trustee Chessler made a motion that the Board authorize the Road Superintendent to expend funds up to $3,000.00 for the repairs to the 1999 Ford Dump Truck; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Consider Hiring Larry Sprunles and Mark Blaes as Casual Employees
Mr. Masalko asked the Board of consider the hiring of two (2) casual employees; Larry Sprunles and Mark Blaes. Mr. Masalko stated that he did complete background and license checks on both individuals. Mr. Sprunles and Mr. Blaes have Class B CDL’s. Mr. Sprunles is a former Road Department employee for the City of Massillon but was recently laid off. Mr. Sprunles and Mr. Blaes have indicated that they are available to come in at any time to help out at the Road Department. Trustee Chessler confirmed that the effective date of hire would be immediately with a $12.00 per hour rate of pay. Mr. Masalko stated that is correct. Trustee Chessler inquired if casual employees are subject to the 1,500 hour per year limit. Mr. Hall stated that was correct.
Trustee Chessler made a motion that the Board hire Larry Sprunles and Mark Blaes as casual employees at the Perry Township Road Department at the rate of pay of $12.00 per hour effective December 4, 2012 each of which will not be able to exceed 1,500 hours per year; Seconded by Trustee Laubacher.
Trustee Laubacher inquired how many casual employees the Road Department will have including the two (2) new hires. Mr. Masalko stated that there will be a total of six (6) casual employees.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Consider Approval of the Weight Limit Reduction of Township Roads Resolution
Mr. Masalko stated that for the past two (2) years the Stark County Engineers has asked the Township to submit a series of roads that need to be reduced thawing and moisture times of the year. The weight limit is to be reduced by twenty-five (25) percent. According to ORC 5577.07, the Township has the right to make this reduction. Mr. Masalko stated that he submitted a series of roads to the Board for their approval so that it can be sent to the Stark County Engineers. Trustee Haines inquired whose responsibility it is to put up the signs. Mr. Masalko stated that the Township has to put up the signs. Trustee Laubacher stated that one of the streets listed is SR 627 to Kemary and inquired if they are still having a problem with semi trucks. Mr. Masalko stated that nothing had been reported.
Trustee Chessler made a motion that the Board adopt the written resolution to reduce the weight limit reduction of Township roads pursuant to ORC 5577.07 to specifically impose a twenty-five (25) percent reduction in the allowable weight of vehicles and loads during which time thawing and excessive moisture are under the pavements inadequate to carry the traffic loads; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Consider the Purchase of Road De-Icing Salt for 2013
Mr. Masalko asked the Board to consider the purchase of road de-icing salt with total combination. Mr. Masalko stated that this includes the company that comes in and elevates the salt into the dome. The total cost is $239,680.00.
Trustee Haines made a motion that the Board authorize the Road Superintendent to purchase road de-icing salt for 2013 in an amount not to exceed $239,680.00 to include total combination of delivery, elevation and salt; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Law Director: None.
Zoning:
Parks/Recycling: None.
Executive Session(s): None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department:
Submission of October Statistics
Road Department: None.
Zoning: None.
Law Director: None.
Upcoming Events:
A. Perry Township Business Exchange- After Hours Event- December 4, 2012- Location: Falcone’s Tavern, 5029 Tuscarawas West from 6:00pm- 9:00pm- Silent Auction: All proceeds Benefit Perry Helping Perry.
B. Perry Township’s first Bicentennial planning meeting- Monday, December 17, 2012 from 7:00pm to 9:00pm at the Perry Township Administration Office- 3111 Hilton St. NW, Massillon, Ohio 44646- Volunteer registration available at www.perrytwp.com.
C. Trustee Chessler stated that due to the changes in the agenda this evening the Board is requesting to take possible action at the Work Session scheduled for Tuesday, December 11, 2012.
Public Speaks-Open Forum:
Penny Dodrill- 835 Genoa Avenue NW. Ms. Dodrill stated that when the paving was done on Genoa Avenue her driveway was not redone. Trustee Chessler explained that the paving was done by Dominion East Ohio Gas in conjunction with the replacement piping project that was just completed. Ms. Dodrill stated that a lot of the other properties around her have been done. Mr. Masalko inquired if her property was part of the project. Ms. Dodrill stated that her property was included in the project. Trustee Haines inquired if this is the “Volzer” property. Ms. Dodrill stated that was correct. There is a two (2) inch drop between the road and the driveway which is hard on the vehicles coming in and out. Mr. Masalko stated that they try not to make a habit out of doing everybody’s driveway approach. It just can’t be done because the Township would go broke. Trustee Haines inquired if the driveway approach was paved or gravel. Ms. Dodrill stated that it was gravel but it use to be paved. Trustee Haines asked Mr. Masalko if he could call Dominion to see if anything could be done to remedy this issue. Dominion may even be able to put some gravel down so that it isn’t as drastic of a drop off. Trustee Chessler asked Ms. Dodrill to leave her phone number with Mr. Masalko so that they can contact her with an update on this matter. Ms. Dodrill stated that she would do that.
Mary Petitti- 455 Montrose. Ms. Petitti inquired if the process to start a lighting district is through the Board of Trustee’s office. Trustee Chessler stated that is correct. Ms. Petitti inquired why there are no sidewalks throughout Perry Township (especially on SR 172) to accompany the nice curbing and ramps located on the street corners. Trustee Chessler stated that the sidewalks along SR 172 are and would be the responsibility of the Ohio Department of Transportation (ODOT). As the development occurred there was not a requirement for sidewalks to be put in. Now when construction takes place, there is a requirement through the Americans with Disabilities Act (ADA) for it to be handicap accessible. This is not something that is retroactive. In Canton, there are different requirements. They have a program for people to get a loan to underwrite the significant cost of putting a sidewalk in. Perry Township does not have a program like that. Trustee Haines explained that sidewalks are the responsibility of the property owner. Ms. Petitti stated that she feels that on major thoroughfares such as SR 172 there should be sidewalks to accompany the curbing and ramps.
Jackie Myers- 244 Roxbury Avenue NW. Ms. Myers inquired if there was a way for the Township to put a stop sign at the intersection of Roxbury Avenue NW and Foch Street NW. People traveling this area fly over the hill. Trustee Haines inquired if the hill is on Roxbury or Foch. Ms. Myers stated that the hill is on Roxbury. Trustee Chessler stated that the short answer is probably no because the Township is required to follow the regulations set by the State of Ohio. The regulations do not allow the placement of stop signs to control speed. There has to be a high volume of traffic, accidents or an engineering study has to be done to determine if the stop sign is necessary. Trustee Chessler stated that the Board does not have the authority to place a stop sign at an intersection where there is already one. The street with the lesser amount of traffic is inferior to the other one and those people would get the stop sign. You can not put up additional stop signs to make the intersection a four-way stop just to control the speed. Trustee Laubacher asked Chief Pomesky to put this area on the extra patrol log and put the speed trailer in the neighborhood. Ms. Myers stated that the speeding vehicles make her nervous because of the little kids playing and inquired if the Township could put up signs that state something like “slow down- kids at play.” Trustee Chessler stated that these questions have all been raised with the County Engineer and it has been found that those types of signs don’t have a beneficial affect on the motoring public. People don’t pay much regard to signs that are a mere suggestion or a point of fact. Ms. Myer thanked the Board.
G.M. Chambers- 4080 Richmont St. SW. Mr. Chambers stated that he didn’t appreciate being profiled with his piece of equipment that they say has trees growing up through it and inquired why no one ever complains about the property and building at 2414. Mr. Chambers stated that he intends on complying with the requests for the property on 18th Street but doesn’t feel that he is a detriment to the neighborhood. Mr. Chambers stated that he and his family have never caused the Township any trouble and feels that the Township has mischaracterized him. Trustee Chessler apologized to Mr. Chambers on behalf of the Board as they did not intend to cause him any offense. Mr. Hall stated that Mr. Chambers and Mr. Weckbacher met on Friday. Mr. Weckbacher is putting together a list of violations that need to be brought to compliance. Mr. Hall stated that he reviewed the list and a memorandum will be coming to the Board. No disrespect to Mr. Chambers, but they are working to help him come into compliance with the Township’s regulations.
Adjournment:
With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 7:48pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Craig E. Chessler, President
Joe Schlegel, Fiscal Officer