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
July 7, 2015 7:00 pm
Call to Order/ Pledge of Allegiance:
Excused absence: Charles Hall, Law Director; Mark Martin, Fire Chief; Joyce Fetzer, Administrator
Additions/Deletions to Agenda:
Public Hearings/Invited Guests:
Randy Bates ~ Service Recognition
Trustee Chessler thanked Randy Bates for being here tonight and stated that he was glad he brought his family this evening to share this moment of recognition on his retirement.
Trustee Chessler stated that Randy was hired on July 13, 1990 and has been a dedicated and loyal employee. Trustee Chessler added that Randy was originally hired as an Assistant Mechanic for the Police and Fire Maintenance Garage and in January 2000 transferred from the Police and Fire Garage to the Road Department as an Assistant Road Mechanic. In 2005, Randy moved from then Assistant Road Mechanic position into the Road Department as a Road Maintenance Specialist. Trustee Chessler added that Randy has taken great pride in the work that he has done and has shown great dedication to his job. Trustee Chessler stated on behalf of all of the Township Administration and Road Department employees and personnel, we thank you for that.
Trustee Chessler again thanked Randy’s wife Cindy and two daughters, son-in-law and grandchildren for being here this evening and said a few words regarding Randy’s leisure pursuits and future plans.
Trustee Chessler asked Randy Bates to please rise and stated that on behalf of the Board would like to present him with a small token of appreciation in the way of a Certificate of Recognition and acknowledge with gratitude and appreciation his 25 years of dedicated service to the Perry Township Community. Trustee Chessler invited Randy to express a few words if he so wished.
Randy gave a word of thanks to former Police Chief Jim Smith and briefly expressed the circumstances for his employment as well as his gratitude. Randy also gave thanks for his wife, children, grandchildren and home.
5 Minute Recess
Communications:
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 $113,705.67 for the week ending June 23, 2015 and bills and payroll in the amount of $246,572.82 for the week ending June 30, 2015 and bills for the week ending July 7, 2015 for a combined total of $395,893.29; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Fiscal Officer:
Trustee Chessler made a motion to accept the minutes from the meetings of May 5, 2015 and June 16, 2015; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Administration:
Fire Department:
Consider Authorizing the Sale of a 1984 Ford 9000 Tanker
Trustee Chessler stated that since we had an extended period of time with no regular meeting wherein the Board convened and collectively discussed individual items, would like to note with more detail for our record here that the Fire Chief had informed the Board of a proposed sale of a piece of fire equipment. Trustee Chessler indicated that this was previously advertised on our GovDeals website and the Chief had received an offer and submitted a memo detailing the circumstances of that offer. Trustee Chessler indicated that the 1984 Ford Tanker was one of the items up for sale; the Fire Chief had received an offer of $6,000 from Mr. George Sheets of Kalamazoo, Michigan. Mr. Sheets ascribed some sort of immediacy in paying for and taking possession of the vehicle. Trustee Chessler stated that we had worked through our Law Director to expedite the process. Trustee Chessler stated that our Fire Chief has explained that the vehicle is 30 years old, it has surpassed its effective service life and in this situation, because of the extension of water systems to previously non-hydrated areas and the increase use of mutual aid, the effective use of this apparatus has become extremely limited. Trustee Chessler stated that the resale market for a used 30 year fire tanker is limited and the research conducted by Maintenance Director, Gary Swisher and Fire Chief Martin indicate the Ford Tanker was worth approximately $3,000 in resale value so that offer is considerably higher than we would likely get in proceeding with the auction process. Trustee Chessler stated that with that in mind, would ask if the title has been located. Fiscal Officer Schlegel indicated yes and added that we have received a $6,000 cashier’s check; the title was located and the bill of sale was signed this morning and has been notarized and the transaction has been complete.
Trustee Chessler stated that the Board must determine, formally, that this apparatus is no longer of use to the Township and Fire Chief Martin has explained the reasons why.
Trustee Chessler made a motion that the Board, based on the above stated reasons, has determined that the 1984 Ford Tanker Truck is no longer a benefit or of use to the Township; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Trustee Chessler added that based on the explanation of the Fire Chief that the expected market value of this item was $3,000 and we had received a $6,000 offer and that the Board was interested in consummating that offer in advance of this meeting, makes a motion that the Board ratify and affirm that transaction for the sale price of $6,000 in all of its respects; Seconded by Trustee Laubacher.
Trustee Laubacher indicated that the Ford Tanker would be going to Arkansas.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Police Department:
Consider Retirement of Officer Bardnell
Police Chief Pomesky indicated that a notice of retirement/resignation from Officer Patricia Bardnell is attached before the Board for review and approval. Chief Pomesky stated that Officer Bardnell’s last day with the Police Department will be September 1, 2015. Chief Pomesky relayed that Officer Bardnell has expressed her appreciation for the great experiences she has had serving Perry Township and is looking forward to her retirement. Chief Pomesky is asking the Board’s consideration in accepting Officer Bardnell’s retirement resignation and added that he would like to congratulate her on her achievement and wish her well.
Trustee Chessler made a motion, for discussion purposes, that the Board accept and acknowledge Officer Bardnell’s letter of intention to retire from the Perry Township Police Department; Seconded by Trustee Laubacher.
Trustee Laubacher inquired if the Board should accept Officer Bardnell’s retirement resignation this early. Trustee Chessler stated that he believes this process may need to be started in order for Officer Bardnells’ retirement benefits to be in place by September 1, 2015.
Trustee Chessler indicated that it was also his previous concern that the Board could make appropriate recognition for Officer Bardnell’s retirement a little closer to the time it was coming about but added that the Board can acknowledge this tonight and complete this process so Officer Bardnell can communicate with the Police and Firemen’s Pension Service. Trustee Laubacher again expressed his questioning of receiving Officer’s Bardnell’s actual letter this early. Trustee Chessler stated that he felt Officer Bardnell wanted to dovetail the termination of her paycheck here with the commencement of her retirement benefits in a seamless way.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Road and Park Department:
Consider Awarding the 2015 Phase 2 Paving Contract
Trustee Chessler stated that it is his hope that everyone can see that in the near recent past paving is taking place once again in Perry Township. Trustee Chessler indicated that the Road Superintendent has been keeping the Board apprised of the locations of where the paving is taking place. Trustee Chessler stated that we had awarded a first Phase paving contract and in order to keep that moving without interruption and without the need for the company to remobilize, we wanted to formally accept the offer. Trustee Chessler stated that again, this happened prior to our meeting time taking place so the Board is being called upon to ratify again, a letter of understanding that has been written by our Law Director and sent to Superior Paving to satisfy them and affirm the Board’s intention to proceed on Phase 2 of our 2015 Paving program. Trustee Chessler confirmed that the Board has received a copy of the letter that the Law Director has submitted with his, Trustee Chessler’s signature, which was signed and dated June 29, 2015. Trustee Chessler stated that this has been forwarded to Superior Paving and added that in the letter, among other things, authorizes the work as described in the June 16, 2015 bid by Superior Paving to proceed in the contract amount of $941,992.50 which has already been approved by the Board’s resolution to accept that bid.
Trustee Chessler made a motion that the Board affirm our commitment to accept the bid proposal from Superior Paving in the amount of $941,992.50; Seconded by Trustee Haines.
Trustee Laubacher stated that one of the concerns that Road Superintendent Masalko spoke to him about was in regard to some of the streets that had been paved had been stopped in the middle of the street and needed to be able to be continued with the second Phase of this bidding/paving process. Trustee Laubacher indicated that since the same company was doing the work, there wasn’t any sense of stopping them in the middle of this process to continue.
Trustee Chessler indicated that this was one of the primary purposes of the Board seeking a loan was to do more paving sooner rather than spreading it out over the life of the levy funds.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Consider Purchase of New Phone System
Trustee Chessler stated that the Road Superintendent has submitted for the Board’s review and consideration, proposals to upgrade the phone system throughout the offices at the Road Garage. Trustee Chessler indicated that there were three (3) quotes received; the low quote being from Staley Technologies.
Road Superintendent Masalko stated that Staley Technologies had the lowest quote and they have matched the expectations of the upgrade in that two lines will be combined with a rollover option along with paging options throughout the Road Garage and voicemail capability.
Trustee Chessler stated that based on the proposals received and reviewed and the recommendation of the Road Superintendent makes a motion that the Board accept the bid of Staley Technologies in the amount not to exceed $4,887.00; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Consider the Renewal of Existing 2.00 mills Road Levy
Trustee Chessler stated that another memo the Board received from the Road Department is a reminder that the other portion of our road funding came from an existing 2.00 mill road levy; that one will expire in 2016 and the Board thought it would be prudent to seek renewal of that levy and the first step in that process is to ask the County Auditor to certify the funds; that is the motion that is before the Board tonight. Trustee Chessler stated for discussion purposes makes a motion that we request the County Auditor to certify the funds for a 2.00 mill road levy that will be intended for the general election ballot of November 3, 2015 for renewal; Seconded by Trustee Haines.
Trustee Chessler stated he supposes that we could wait, but there is no sense in waiting; this was part of the overall plan to get that new money to meet our new needs. Trustee Chessler indicated that he believes we have met our promise in doing that; we have obtained a loan to get that money up front so that we could start the paving and this is part of making our budget whole is to renew that 2.00 mills. Fiscal Officer Schlegel indicated that this will not cost the taxpayers any more money, this is just a renewal.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Trustee Chessler stated that he will note that the Law Director has submitted for us a written Resolution requesting the Stark County Auditor to certify the dollar amount that will be completed by the Fiscal Officer and forwarded to the proper authorities in a timely way.
Law Director: None.
Zoning:
Consider Approval of Side Lot Program Application
Trustee Chessler indicated that he was going to turn the floor over to Zoning Inspector Weckbacher to explain the request that the Board has received in regard to the Side Lot Program and what the Board is being asked to do.
Zoning Inspector Weckbacher stated that Stark County Regional Planning has forwarded information regarding the side lot program. Third Generation Partners, LLC owns some buildings on Southway in the industrial park. There are two vacant parcels there that are behind on taxes. The side lot program specifies that if you are delinquent in taxes and you are an adjoining property owner, you can apply to get these properties to put them back in the system to start paying property taxes. Zoning Inspector Weckbacher indicated that they must direct this to the Board for their approval for this and then it goes back to them. Mr. Weckbacher indicated that this program is through the Stark County Regional Planning and Stark County Treasurer’s Office. Mr. Weckbacher referred to the map before the Board and indicated that one portion, parcel #: 4314708 is from Southway and goes all the way back in an “L” shape; this parcel is behind taxes a little under $110,000. Mr. Weckbacher added that nobody has taken care of this property and indicated that the road serves as an access road to all those buildings. Mr. Weckbacher stated that the other parcel #: 4313117 is a small parcel and added that neither of these parcels have any structures on them. Mr. Weckbacher stated that in regard to the larger parcel, he would ask the Board to make a recommendation. Mr. Weckbacher added that in speaking with Sarah at Regional Planning it was indicated that if one of these buildings are sold, there would be no access to get to the road frontage and asks if the Board would like to put in a condition that if this is an easement that it remain an easement or make a condition that they would make this into an easement whereby if any of those parcels or buildings were ever sold that a new company would have access to the property. Mr. Weckbacher stated that this is for the Board’s approval and this would be one of the steps needed in this procedure adding that there are other steps that Regional Planning and the Stark County Treasurer’s will have to follow to get the back taxes dismissed from Third Generation Partners company.
Trustee Haines indicated that Third Generation Partners, LLC is looking to acquire this. Zoning Inspector Weckbacher stated that was correct and added that they own all those buildings that go along the back as well as the one (building) on the west side going into the property.
Trustee Chessler inquired what the approximate delinquency amount was on the smaller lot. Mr. Weckbacher indicated the delinquent amount is $10,067. Trustee Haines inquired what the delinquent amount was on the larger parcel, $110,000 or $190,000. Mr. Weckbacher apologized and stated that the correct amount is $190,000.
Trustee Laubacher inquired if the Trustees are allowed to state that this is nothing but the road. Trustee Haines indicated that it is what the road is now, but added that it is not a paper road, it is all part of their property; it is their private road. Mr. Weckbacher stated being that it was a separate parcel, when previous owners of those buildings were back there, they came to the Trustees looking for the Trustees to repair the road and the small private parcel. Mr. Weckbacher stated that this will give that to them, they will maintain that.
Trustee Chessler inquired if Ohio Gratings was back there. Mr. Weckbacher stated that if they weren’t back there, they were off to the East. Mr. Weckbacher indicated that they have access to it off of the other side and added that he thinks they would still use that. Mr. Weckbacher stated that he believes there is an easement recorded for this property but added that he doesn’t know if they would take this off being that it is going to a different property owner.
Trustee Chessler stated that this could obtain their approval upon the condition that we obtain or retain.
Mr. Weckbacher indicated that he would give a copy of the Board’s motion and send that to them.
Trustee Laubacher stated that if one of those companies were sold back there and the company didn’t like that particular company, they could not get their trucks back there. Trustee Chessler stated that is why Mr. Weckbacker is indicating that if an easement is established they have to keep it. Trustee Chessler added that if it has not been established because they do not need it right now, it should be established because of the possibility someone in the future could be in that position. Trustee Laubacher indicated that he thinks this is necessary to be included in our motion.
Trustee Chessler inquired who we are directing this to. Mr. Weckbacher indicated that Regional Planning sent this to him but stated that it be addressed to the side lot program adding that the motion be made to the said applicant of Third Generation Partners for the side lot program.
Trustee Chessler made a motion that the Board of Trustees, after due consideration of the applications for the Side Lot Program, approve or indicate their approval of these with the condition that there be maintained, if it exists or created if it doesn’t formally exist, an easement for access by a prospective future owner to the outlying parcels; Seconded by Trustee Haines.
Trustee Laubacher inquired if this would be any of the parcels that would be along there. Trustee Chessler verified that it would be any of these. Trustee Chessler also indicated that this motion will be forwarded to the SCLRC – Stark County Land Reutilization Corporation, Suite 250, Stark County Office Building, 110 Central Plaza South, Canton, OH 44702.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Executive Session(s):
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Police Department:
Trustee Chessler indicated that Chief Pomesky has submitted the Police Department’s statistics for the month of May and inquired of Chief if there was anything to highlight.
Chief Pomesky stated that he wanted to thank the officers and supervisors for putting an emphasis on patrolling the allotments. Chief Pomesky indicated that he had reviewed the stats for the first half of the year and added that we are down 15% on breaking and entering; 22% on the thefts in the Township; 14% on the burglaries and 18% in criminal damaging. Chief Pomesky stated that this says a lot for the effort that they are putting forth on a daily basis.
Road Department: None.
Parks/Recycling: None.
Zoning: None.
Law Director: None.
Upcoming Events:
Trustee Chessler indicated that the Board has received a notice from the Ohio Division of Liquor Control that Two Fat Guys Bar BQ, 4887 Tuscarawas St. W., Perry Township, Canton, OH 44708 is seeking a New Permit #9116272; the Board is notified by the Stark County Commissioners of this if there are objections or letters of comment, those must be postmarked no later than July 20, 2015.
Public Speaks-Open Forum:
William Logan, stated that he was here with his wife and children and added that he would like to get permission to put a culvert in on 23rd Street and Whipple. Mr. Logan briefly explained the water flow from the sewer onto their property; they own the property on the south side and are in the process of purchasing the property on the other side of his current property. The Board referred to a computer aerial view of Mr. Logan’s referenced property.
Another family member of Mr. Logan’s referenced, from the aerial view before the Board, the culvert on both sides of their property and indicated that they were never continued through their property. This family member also indicated that at some point they would like to continue that culvert from one end to the other and also added that if they do end up purchasing this other property, would try to obtain that paper road. Mr. Logan further explained their intentions and stated they wanted to find out what the cost would be for the culvert to run through this.
Trustee Chessler indicated that he and Mr. Logan had spoken previously, as well as had the opportunity to speak with the other two trustees, Law Director Hall and Road Superintendent Masalko. Trustee Chessler stated that this was the first time they had all been able to sit together and added that they were all supportive of his request, however, there are several aspects of this request that have come into play. Trustee Chessler stated that we could have our Law Director draw up an outline of all the things that we need to do, what you are asking us to do and what needs to be done.
Trustee Chessler indicated to Mr. Logan that he knows that completing the purchase of that property was contingent upon all of these things falling into place. Trustee Chessler also added that one of the things that would need to be done is the vacating and that is a function of the county commissioners. Trustee Chessler added that they (county commissioners) always come to us and ask us what our position is and stated that he was hoping that they could be supportive of that. Trustee Chessler stated that we have to do some due diligence first, but stated that there doesn’t seem that there is ever any intention to build a road there and that is one of the biggest things. Trustee Chessler stated that he didn’t think it would compromise the ability of safety vehicles to get to any place, so it looks like something we could support, but added that it is not the Board’s decision.
Mr. Logan stated that whether we use two properties wholly or separately, it would give him about six (6) acres there. Mr. Logan also stated that he could put two businesses on that (property) or one, but added that he wasn’t sure; they have a lot of respective interest in that.
More conversation continued regarding this matter. Trustee Chessler again indicated that the approval and that process is one of the county commissioners and added that he could not do that with accuracy, but assured Mr. Logan that the Board would not be part of any delay in this matter.
Trustee Laubacher inquired if the Board would make a motion to vacate this to start with. Trustee Chessler indicated that the applicants would be the proposed vacating party and added that if we could do that jointly, we could also guide you through the process as well.
The family member inquired if they would have to separately make the proposal to Stark County. Trustee Chessler added that it would be the proposal to vacate this dedicated portion, referring to the computer view.
Trustee Laubacher inquired if we would make that motion to us. Trustee Chessler verified that that would go to the county commissioners and added that they would have to conduct a site viewing and a hearing and then they make a determination, but added that they look to us, since it is in Perry Township, for what you want to do and then what we look at, when we get one of these requests, is there any likelihood that we are ever going to want to pave that and use it for public use.
Trustee Haines stated that one of the things we experience when we vacate other paper roads is normally it is split between property owners so since you currently do not own this, half of that road would probably go to them and then obviously if you are buying it, it’s all going to end up back with you. Trustee Haines added that the owner of this property now has to be on board at that point with vacating that road also.
The family member inquired if it would be easier to be on both sides at the time. Trustee Chessler stated not necessarily and added that you could put that in your purchase agreement. Their commitment to you is that they will support your request to get that vacated.
More conversation took place regarding this matter. Trustee Chessler indicated that another consideration as he was reading over Law Director Hall’s letter to us is the county may want to insist that an easement exists to provide for the means to drain across here and whatever you do would have to be subject to that; there is adequate means and methods to drain the water needed through a pipe. Trustee Chessler stated that is why it is important to have the pipe right sized when you do it the first time so that you don’t have to put pavement over it and dig it up and make the pipe 5 inches bigger.
Trustee Chessler stated that he will propose to Mr. Logan that Law Director Hall draft a letter that outlines the whole sequence of things that we have talked about. Trustee Chessler stated to Mr. Logan that we would give that to you and indicate what the next step is and who initiates the vacating application; we will have all of that as a menu of the things that need to be done so that we can help you.
Mr. Logan stated that this should bring some jobs. Trustee Chessler stated that they were all in support of that and added that one of the great things about being in the Township is that you don’t pay income tax and they don’t pay income tax so they will be happy to have those jobs.
Trustee Chessler stated to Mr. Logan that we are appreciative of his proposal to us, we are supportive of it and we will do the next step of outlining things that we need to do in order to accomplish all of those things.
More conversation continued on this matter. Trustee Chessler again indicated that the next step would be to have our Law Director outline all the steps and send Mr. Logan a letter so that we are both on the same page of all the things that need to be done and who is going to do what.
More brief conversation continued and came to close with Mr. Logan thanking the Board.
Dana Vargo, 2910 Green Oak Circle NW, Massillon – Ms. Vargo indicated that she is here representing the Perry History Club and wanted to relay the proceeds they received from the Strawberry Social Fundraiser and the profit of $313.00. Ms. Vargo indicated that the History Club is going to have another ice cream social at the Shidler one room schoolhouse on July 18, 2015 from 11 am to 4 pm, 4545 Shepler Church Avenue SW and hopes to see everyone there.
Adjournment:
With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 7:48 pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Chessler, yes. Mr. Haines, yes. Mr. Laubacher, yes.
Craig Chessler, President Joe Schlegel, Fiscal Officer