Regular Meeting
Regular Meetings
The Perry Township Board of Trustees meets in Regular Meeting format on the first and third Tuesday of every month at 7:00 PM.
The meetings are held at the Township Hall located at
3111 Hilton Street NW
in Massillon. Regular Meetings include reports by Department Heads, the Law Director, and the Township Administrator. The public is welcome to offer comments during the Public Speaks portion of the agenda on township related matters.
Perry Township Board of Trustees
Regular Meeting
August 6, 2013 7:00 pm
Call to Order/ Pledge of Allegiance:
Excused absence:
Additions/Deletions to Agenda:
Consider the approval of the July 2, 2013 Regular Meeting Minutes
Public Hearings/Invited Guests:
Case Number: PE 03-13 – Applicant: Thomas A. Marino, Agent for Joe W. Marino,
2945 12th St. NW, Massillon, OH 44646
Owner: Joe W. Marino, 4300 8th St. NW, Canton, OH 44708
Zoning Inspector Weckbacher stated that this application was made to change the zoning of a property at 2945 12th St. NW, Parcel #: 4317680. This application was sent to the Stark County Regional Planning on June 25, 2013 for their recommendation. Regional Planning’s recommendation came back to the Township with a modification for this parcel, which is a flag shaped lot, suggesting that it have two zonings. This modification recommendation would take the property line that runs along 12th Street and make that section B2 and have the other section remain B1. This was Regional Planning’s original recommendation to the Zoning Commission. The Zoning Commission met again on July 18, 2013 and the Board made a motion that was approved to rezone the entire parcel to be commercial, the original request.
Thomas Marino, 2945 12th St. NW, Massillon, OH 44646-Mr. Marino stated that he was here before the Board this evening regarding the property on 12th St. just west of the corner of Whipple Avenue and 12th St. also known as Parcel #: 4317680. Mr. Marino stated that he is the agent for the title owner of said property and is requesting a zone change from B1 to B2 so that this property will comply with the current local zoning laws. Mr. Mariano read a letter he wrote to the Board regarding the rezoning of this property and stated that this rezoning would be a benefit for the local community as it would help and maintain and grow the already established Perry Township businesses.
More discussion followed regarding this zone change request. Trustee Haines asked if there was anyone in the audience to speak against this proposal before moving forward. Trustee Haines stated that he saw no person present to speak against this proposal.
Trustee Chessler made a motion that the Board of Trustees adopt, affirm and approve the finding of the Zoning Commission to approve the zone change; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Case Number: PE 02-13 – Applicant: Mark Stein, 305 Genoa Avenue NW, Massillon, OH 44646
Owner: Mark Stein, 305 Genoa Avenue NW, Massillon, OH 44646
Zoning Inspector Weckbacher stated that Mr. Stein made a request to rezone property at the corner of Genoa and Bailey Avenue and would like to rezone that from R3 to B2. Mr. Stein’s plans were to get rid of his body shop, tear that building down and put mini-storage units in its place if rezoning would be possible. The parcel is very narrow and before Mr. Stein made his application, Mr. Weckbacher stated that he wanted to make Mr. Stein aware that if he wanted to build a new building, he would have to obtain a variance on this as well. Mr. Weckbacher stated that Mr. Stein still went through with his application. This application went through Stark County Regional Planning on June 20, 2013 and was denied. The Zoning Commission met on July 18, 2013 and they upheld the Regional Planning’s recommendation and the rezone change was denied by them as well. Additionally, Mr. Weckbacher gave a brief explanation of the property specifics.
Trustee Haines asked if there was anyone in the audience to support Mr. Stein’s rezone request. Trustee Haines asked if there was anyone in the audience to speak against Mr. Stein’s rezone request.
Seeing none, Trustee Haines made a motion that the Board uphold the decision of Regional Planning and our Zoning Department and have a denial of the zoning request change; Seconded by Trustee Chessler.
Trustee Chessler inquired of Law Director Hall whereby an applicant goes through the rezoning request process all the way to the Board and then does not appear. Trustee Chessler inquired of Mr. Hall whether the fact that the applicant did not appear would be sufficient grounds to deny this request. Mr. Hall stated that Mr. Stein does have the right to appeal this decision to the Common Pleas Court. Mr. Hall also stated that the Board might want to adopt by reference the minutes and the recommendation both of Regional Planning and Perry Township Zoning Commission thereby incorporating this for the record.
Trustee Chessler stated that the Board would like to echo what the Regional Planning Commission said that when reviewing for a zone change, the most intrusive use in a proposed zoning district must be considered and that B2 commercial district is the most intensive business district that we have. Some of the uses permitted such as motor vehicle repair, fuel depots, mini storage, and transportation agencies are very intensive and could be detrimental to the surrounding residential uses. Trustee Chessler referred to the aerial map before the Board and stated that this property request is entirely surrounded by residential uses. Trustee Chessler stated that to put some of those business uses in this requested application would be detrimental to the business area.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Communications:
Board Received Communication from Cary Coates on 7/22/13 Concerning the Bicentennial Celebration
Trustee Haines stated that per Mr. Coates’ letter of July 22, 2013 to the Board, as in the past, the Board will be sure to include Mr. Coates concerning the Bicentennial Celebration and will welcome his input.
Board Received Communication from Brian Pahlau on 7/08/13 Concerning the Placement of a Stop Sign
Trustee Haines stated that the Board received a letter from Brian Pahlau on July 8, 2013 concerning the placement of a 4-way stop sign on the corner of and 15th and Manor. After a brief discussion concerning Mr. Pahlau’s letter, the Board discussed the law prohibiting the placement of a stop sign to control speed and referred to confirming that aspect with the Stark County Engineer’s Office and then communicating this to Mr. Pahlau.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business:
Consider Awarding the Contract for Centerline and Edge Line of Various Township Streets
Road Superintendent Masalko stated that out of the four (4) striping quote bids opened and read at the July 30, 2013 Board of Trustees Meeting, the Road Department is recommending to the Board to consider accepting the striping quote bid of J.D. Striping & Service in the amount of $23,339.54.
Trustee Chessler made a motion that based on the review of the Road Superintendent and based on the bidding information before the Board, that the Board award the road striping contract to J.D. Striping & Service at their quoted price of $23,339.54; 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 in the amount of $13,770.93 for the week ending August 6, 2013; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fiscal Officer:
Trustee Haines made a motion to approve the minutes of the July 2, 2013 Regular Meeting; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Approval for 2014 Estimated Budget – Totaling $8,936,654.76
Fiscal Officer Schlegel stated that as the Board was aware, every year the Board of Trustees has to approve the budget for the Budget Commission. The Budget Commission is the system made of up the Stark County Auditor, Stark County Treasurer and the Stark County Prosecutor. By law, this has to be completed before August 25, 2013 and turned in to the Budget Commission. Mr. Schlegel read off as follows: For 2014: General Fund – $726,992.75; Motor Vehicle Tax Fund – $140,600.00; Gasoline Tax – $225,450.00; Road and Bridge Fund – $788,596.71; Lighting Assessment – $7,500.00; Police District – $2,830,254.91; Fire District – $2,575,303.69; Road District – $645,593.96; D.A.R.E. – $26,500.00; P.R.I.D.E. Money – $5,500.00; General Fund Bond Retirement/Police – $78,035.00; Park Bond – $50,827.74; Drug Fund – $6,500.00; Insurance Fund – $835,000.00; DUI Fund – $21,000.00 for a total of $8,963,654.76.
Fiscal Officer Schlegel stated that these amounts will dramatically increase in all probability since it is difficult to predict what the carry over will be with five (5) months left in the year.
Trustee Chessler made a motion that based on the presentation of the Fiscal Officer, that the Board approve the 2014 estimated budget totaling $8,963,654.76; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Revised Indigent Burial Approval Amount – Additional $3.00
Fiscal Officer Schlegel stated that in reference to the recent approval of the Indigent Burial expense in the July 30, 2013 Regular Meeting minutes, there was an additional $3.00 charge for a copy of the death certificate and the amended change would need to be approved.
Trustee Haines made a motion that the Board rescind the $695.00 expense regarding the Indigent Burial from the July 30, 2013 Regular Meeting minutes to be amended to $698.00; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Administration:
Consider Approval to Submit Recycling Auction Items to Gov Deals
Trustee Haines stated that with the items that have been sold on GovDeals.com, all the recycle bins have an estimated total of $47,535.28.
Administrator Fetzer stated that due to the fact that our Board currently offers our residents 24/7 self serve recycling services through Stark Tusc Wayne Joint Solid Waste services, the Township no longer has the use for the following items: Cardboard Compactor, five (5) ¾ Yard Bins, one (1) Can Crusher and one (1) Glass Shredder, attached photos before the Board. Administrator Fetzer is requesting the Board to authorize the selling of these items listed on GovDeals.com. Administrator Fetzer also stated that the GovDeals link has been posted in the newspaper and has been posted on the Township website as well.
Trustee Haines made a motion that the Board approve these items to go to the GovDeals.com: Cardboard Compactor, five (5) ¾ Yard Bins, one (1) Can Crusher and one (1) Glass Shredder; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fire Department: None.
Police Department: None.
Road Department:
Consider Permission to Advertise Bids for a 2013 Dump Truck and Chassis
Road Superintendent Masalko stated that on the Agenda this should read Consider Permission to award the purchase of the 2013 Dump Truck and Chassis. Mr. Masalko stated that the Road Department is asking the Boards approval to purchase a 2013 Cab & Chassis. This purchase would be replacing a 1988 dump truck. Two (2) quotes were received regarding this purchase: Rush Truck Centers of Ohio, Inc. in Cincinnati, Ohio has the State Purchasing Bid price for a Cab & Chassis at $76,158.00. Also, Young Truck Sales of Canton, Ohio submitted a price of $75,946.00; this bid is also for a Freightliner Cab & Chassis having the same specifications as the State Purchasing priced truck.
Law Director Hall stated to Trustee Haines to please let the minutes reflect that he had reviewed both the State Purchasing Bid as well as the proposal from Young Truck Sales. Mr. Hall stated that should the Board authorize this purchase, it is appropriate to do so without going through the public bidding process. Young Truck Sales has met both the specifications and has offered a lesser price than the state minimum purchase price. More discussion followed regarding this purchase.
Trustee Laubacher made a motion that the Board authorize the Road Department to purchase from Young Truck Sales of Canton, Ohio a 2013 Cab and Chassis for the price of $75,946.00; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Law Director: None.
Zoning:
Consider Resolution to Authorize Demolition of 5979 Longview Street SW; 4441~15th Street NW; and 4511 Surmay Avenue SW. Properties Eligible for Demolition Pursuant to “Moving Ohio Forward” Grant Program
Zoning Inspector Weckbacher stated that the Zoning Department is asking the Board to consider passing a resolution to authorize demolition of: 5979 Longview St. SW; 4441 15th St. NW; and 4511 Surmay Ave. SW, the three properties eligible for demolition pursuant to the “Moving Ohio Forward” grant program. Mr. Weckbacher stated that the Law Director has reviewed the information regarding these properties.
Law Director Hall stated that per Regional Planning’s process, a resolution is needed from the Board declaring these nuisance properties and authorizing the demolition of these three properties.
Trustee Chessler inquired as to a basis to declare these three properties nuisance properties such as structural, fire or building hazard. Mr. Hall stated that it varies slightly for each of these properties. Mr. Weckbacher briefly explained the condition of these three properties.
Trustee Chessler made a motion that the Board adopt a resolution establishing that 4441 15th St. NW of Perry Township be declared a public nuisance subject to demolition, it being a fire and building hazard and having a deteriorating blighting influence on the surrounding properties; that the Board also declare 5979 Longview St. SW in Perry Township a public nuisance subject to demolition because it is a fire and building hazard and is a deteriorating blighting influence on the surrounding properties; and that the Board declare the property at 4511 Surmay Ave. SW a public nuisance subject to demolition and is a building hazard and a deteriorating blighting influence on the surrounding properties; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
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:
Perry Township Bicentennial Meetings are scheduled for the last Tuesday of each calendar month at the Perry Township Hall beginning at 7:00 pm.
Public Speaks-Open Forum:
Bard Huntsman, 4025 Prosway Ave. SW, Massillon, OH 44646 – Mr. Huntsman stated that at this time last year he spoke to the Board regarding manning Fire Station #2 for 24 hours a day. Mr. Huntsman stated that he wanted to renew his concerns regarding the safety of the overall Township in regard to this matter. Mr. Huntsman described a particular instance and stated that it is a concern as to why the Township has a Station (#2) with proper equipment and then has to rely on Station #1 or Station #3.
Fire Chief Martin explained how the three fire stations are manned. Further conversation continued regarding this matter.
Trustee Haines stated to Mr. Huntsman that the Board acknowledges his concern and relayed that the Fire Chief and Deputy Chiefs are always looking at the manning of the fire stations because it is a constant challenge which the Board will continue to monitor. If there is anything that can be done differently, the Board will adhere to that.
Michael Kling, 4366 Barbie Ave. SW, Massillon, OH 44646 – Mr. Kling stated that he was here to represent Rolling Meadows Condominium Association on Emil and Margie Avenues. Mr. Kling stated that they had two concerns, first being on Emil Avenue where there was a recent culvert replaced. There is no guard rail with the new position of the culvert and they are requesting that a guard rail be put up on both sides.
Trustee Haines stated that this was a very good comment and that this matter would be looked into.
Mr. Kling said that their second issue is regarding the replacement of the parking lot at this location. Mr. Kling stated that the common complex has one entrance that is off of Margie Circle. They are requesting a temporary free parking zone on the west side only during the parking lot replacement.
Law Director Hall stated that if the Board would permit, notification should be given to the affected residents along Emil that it is a temporary measure, not a permanent measure.
Trustee Haines stated to Mr. Kling that the Board would continue the communication with him regarding the guard rail matter and would be notifying residents about the temporary parking on Emil.
Adjournment:
With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 7:57 pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Doug Haines, President Joe Schlegel, Fiscal Officer